BILL ANALYSIS Ó
AB 2228
Page 1
Date of Hearing: April 5, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2228 (Cooley) - As Amended March 17, 2016
SUMMARY: Establishes the Code Enforcement Officers Standards
Act (CEOSA) which requires the Board of Directors of the
California Association of Code Enforcement Officers (CACEO) to
develop and maintain standards for the designation of Certified
Code Enforcement Officers (CCEO's). Specifically, this bill:
1)Provides that for the purposes of the Code the following terms
have the following meaning:
a) "Board" means the duly elected Board of Directors of
CACEO;
b) "CACEO" means California Association of Code Enforcement
Officers a public benefits corporation domiciled in
California;
c) "CCEO means a Certified Code Enforcement certified
pursuant to the CEOSA;
d) "Code Enforcement Officer" means an person who is not a
peace officer and who is employed by a governmental
subdivision, public or quasi-public corporation, public
agency, public service corporation, a town, city, county,
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or municipal corporation, whether incorporated or
chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of a statute, rule, regulation, or standard,
and who is authorized to issue citations or file formal
complaints.
2)Requires the board to develop and maintain standards for the
various classes of CCEO's that it designates. The standards
for education, training, and certification shall be adopted by
the board and meet the minimum requirements of the CEOSA, and
CCEO's shall not have the powers of arrest unless authorized
by the city, county, or city and county charter, code, or
regulations in which they operate. CCEO's shall not have
access to summary criminal history information, but persons
employed by a city, county or city and county upon a showing
of compelling need if the criteria for access under existing
law is otherwise met.
3)Requires the board to review all applications from cities,
counties, city and counties, and accredited educational
institutions who seek to develop and provide education
designed to qualify participants as CCEO's. All applications
that are submitted are subject to the boards review and
approval to determine if they demonstrate the equivalency of
the standards adopted under the rules of the board in order to
qualify as Code Enforcement Officer Education Program
Providers (program providers).
4)States that all program providers are subject to ongoing
program review and evaluation under the board's administrative
rules. A program provider shall renew its program provider
application and obtain approval under the board's
administrative rules no later than 36 months from the date of
the last approval or else it shall lapse.
5)Provides that all students, participants, and employees who
successfully pass the minimum education and certification
requirements of the program provider approved curriculum
shall, subject to the same fees as other registered CCEO's
under the board's administrative rules, be granted status as
CCEO's in an equivalent manner as applicants who attained
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certification through the CACEO education and certification
program and academics.
6)States that the development and perpetual advancement of code
enforcement officer professional standards and actively
providing related educational offerings that lead to increased
professional competence and ethical behavior shall be the
highest priority for the board in its licensing,
certification, and disciplinary functions. Whenever the
advancement of code enforcement officer professional standards
and the provision of related educational offerings is
inconsistent with other interests sought to be promoted, the
former shall be paramount.
7)Provides that the board's administrative rules shall designate
minimum training, qualifications, and experience requirements
for applicants to qualify for the CCEO designation, including,
but not limited to, training and competency requirements in
the areas of land use and zoning laws, health and housing
codes, building and fire codes, environmental regulations,
sign standards, public nuisance laws, applicable
constitutional law, investigation and enforcement techniques,
application of remedies, officer safety, and community
engagement. The board may, by administrative rule, designate
additional classes of certifications to help meet its mission.
8)Requires the board to conspicuously and continually publish
its list of CCEOs on the CACEO Internet Web site, containing
the registrant's full name, summary status as to individual
disciplinary concerns, active or inactive status, date of
active CCEO expiration, and business address, unless the
business address is a residence, which shall be treated as
confidential.
9)States that a CCEO shall hold a valid certificate designating
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the person as a CCEO issued by the CACEO, shall at all times
remain a member in good standing of the CACEO, and shall be
subject to ongoing continuing education and registration
requirements as designated by the board's administrative
rules.
10)Provides that a failure to maintain the continuing education
requirements shall cause the certification status to lapse,
subject to redemption as specified by the board's
administrative rules. Once a certification lapses, the
certification status shall automatically convert to inactive
CCEO status unless it is redeemed. The rights, privileges, and
procedures or limitations on redemption of inactive CCEOs
shall be specified in the board's administrative rules.
11)Requires the board to annually set fees in amounts that are
reasonably related and necessary to cover the cost of
administering this chapter. The fees shall be set by the board
and published on the CACEO Internet Web site and maintained at
the CACEO's headquarters.
12)Provides that he board shall maintain a register of each
application for a certificate of registration under this
chapter. The register shall include all of the following:
(a) The name, residence, date of birth, and driver's license
number (including state or country of origin) of the
applicant;
(b) The name and address of the employer or business of the
applicant;
(c) The date of the application;
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(d) The education and experience qualifications of the
applicant;
(e) The action taken by the board regarding the application
and the date of the action;
(f) The serial number of any certificate of registration
issued to an applicant; and
(g) Any other information required by board rule.
13)States that a person may not hold himself or herself out to
be a Certified Code Enforcement Officer in this state or use
the title "Certified Code Enforcement Officer" in this state
unless the person holds a certificate of registration pursuant
to this chapter.
14)Requires the board, by administrative rule, create a process
to timely consider and review all applicants who hold
certification from any other agency, and allow them to seek
review and potential approval of the qualifications to
potentially be recognized as a CCEO in this state. A denial of
full recognition as a CCEO shall be accompanied by written
justification and a list of required steps that may be
required for the individual applicant to complete the
registration and certification process. Recognition fees shall
be set as specified.
15)Provides that board shall adopt administrative rules to
process information, investigate allegations or suspicions of
applicants or licensees providing false information, failing
to disclose material information on the registration
application, or not providing any information that may, either
before or during the certification process, disqualify the
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applicant or certificant as specified. The board shall adopt
procedures and guidelines to impose any discipline, revocation
of certification, or sanction, for cause, against any
applicant, registrant, or certificant.
16)States that the administrative rules shall provide the
applicant or registrant with adequate and fair notice and
hearing opportunities prior to the board taking any adverse
action against the applicant or certificant.
17)Provides that any factual finding after a hearing that the
board concludes is cause for revocation, suspension, or other
disciplinary or administrative action against a registration
or certification shall result in an order after hearing that
meets the fair notification requirements of this section.
18)All orders after hearing shall be deemed final under the
board's authority and procedures and may be appealed as
specified in the Code of Civil Procedure.
19)States that the requirements of the CEOSA do not interfere
with the regulations or certification requirements for
building inspectors as specified
EXISTING LAW:
1)Defines "code enforcement officer" as a person who is not
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described in Penal Code Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 and who is employed by a
governmental subdivision, public or quasi-public corporation,
public agency, public service corporation, a town, city,
county, or municipal corporation, whether incorporated or
chartered, who has enforcement authority for health, safety,
and welfare requirements, and whose duties include enforcement
of a statute, rule, regulation, or standard, and who is
authorized to issue citations or file formal complaints.
States that a "code enforcement officer" is also a person who
is employed by the Department of Housing and Community
Development who has enforcement authority for health, safety,
and welfare requirements, as specified. (Pen. Code, § 829.5.)
2)Defines a "code enforcement officer" as any person who is not
a peace officer and who is employed by any governmental
subdivision; public or quasi-public corporation; public
agency; public service corporation; or any town, city, county,
or municipal corporation, whether incorporated or chartered,
who has enforcement authority for health, safety, and welfare
requirements; whose duties include enforcement of any statute,
rules, regulations, or standards; and who is authorized to
issue citations, or file formal complaints. (Pen. Code,
Section 243, subd. (f)(11)(A).)
3)Defines "code enforcement officer" as also including any
person employed by the Department of Housing and Community
Development who has enforcement authority for health, safety,
and welfare requirements pursuant to the Employee Housing Act,
State Housing Law, the Mobilehomes-Manufactured Housing Act,
the Mobilehome Parks Act, and the Special Occupancy Parks Act.
(Pen. Code, § 243(f)(11)(B).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 2228
establishes a framework through which code enforcement
officers may receive state recognized certification, if they
so choose. Setting standards, minimum qualifications, and
ongoing educational requirements for local code enforcement
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officers who elect to attain the Certified Code Enforcement
title helps local agencies identify, select, and train
qualified public officers to enforce laws and codes necessary
to help preserve safe, well-ordered communities."
2)Argument in Support: "According to the California Association
of Code Enforcement Officers, "Assembly Bill 2228 creates
official state recognition of Certified Code Enforcement
Officers through adopting legislation to set the minimum
education, training, and maintenance standards of a person to
be eligible to claim the title of Certified Code Enforcement
Officer (CCEO). The bill creates a voluntary program where any
person may seek certification and professional registration
through the existing California Association of Code
Enforcement Officers (CACEO) organization, and public agencies
may choose to include such registration and certification for
their code enforcement officers of they choose. This
recommendation proposes to delegate authority for CACEO to
administer the day-to day program, much as the California
State Bar administers the day-to-day standards for lawyers.
"Assembly Bill 2228 would provide a level of trust to the public
and public agencies as to the competency of code enforcement
officers; it will help qualify code enforcement officers as
expert witnesses in court and administrative hearings; it will
motivate code enforcement officers to study and learn
important legal principles that protect both the public as
well as their agency; it will motivate code enforcement
officers to commit to ongoing professional learning through
regular reclassification; it will enhance the professionalism
of code enforcement; and it will help assure safety of code
enforcement officers in the field."
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Code Enforcement Officers (Co-sponsor)
American Planning Association, California Chapter
Association of Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
California University and College Police Chiefs Association
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California Narcotics Officers Association
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744