BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2228


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          Date of Hearing:   April 13, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2228  
          (Cooley) - As Amended March 17, 2016


          SUBJECT:  Code enforcement officers.


          SUMMARY:  Establishes the Code Enforcement Officers Standards  
          Act which requires the Board of Directors of the California  
          Association of Code Enforcement Officers to develop and maintain  
          standards for the designation of Certified Code Enforcement  
          Officers. Specifically, this bill:  


          1)Establishes the Code Enforcement Officers Standards Act  
            (CEOSA) which requires the Board of Directors (Board) of the  
            California Association of Code Enforcement Officers (CACEO) to  
            develop and maintain standards for the designation of  
            Certified Code Enforcement Officers (CCEOs).

          2)Provides that 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  








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               pursuant to the CEOSA; and,

             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,  
               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.

          3)Requires the Board to develop and maintain standards for the  
            various classes of CCEOs 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   
            CCEOs 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.  CCEOs 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.

          4)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 CCEOs.  All applications  
            that are submitted are subject to the Board's 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).

          5)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  








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            administrative rules no later than 36 months from the date of  
            the last approval or else it shall lapse.

          6)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 CCEOs  
            under the Board's administrative rules, be granted status as  
            CCEOs in an equivalent manner as applicants who attained  
            certification through the CACEO education and certification  
            program and academics.

          7)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.  



          8)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.  
             










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          9)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.



          10)States that a CCEO shall hold a valid certificate designating  
            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.  



          11)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.  



          12)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.  











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          13)Provides that the 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;


            (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.


          14)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.

          15)Requires the Board, by administrative rule, to create a  








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            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.



          16)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  
            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.



          17)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.



          18)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.










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          19)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. 


           
          20)States that the requirements of the CEOSA do not interfere  
            with the regulations or certification requirements for  
            building inspectors as specified.





          21)Makes a number of findings and declarations.
          EXISTING LAW:  


          1)Defines "code enforcement officer" as a person 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.  

          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. 









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          3)Allows cities to make and enforce all local, police, sanitary  
            and other regulations not in conflict with state law.


          FISCAL EFFECT:  This bill is keyed fiscal.


          COMMENTS:  


          1)Bill Summary. This bill establishes the Code Enforcement  
            Officers Standards Act which requires the Board of Directors  
            of the California Association of Code Enforcement Officers to  
            develop and maintain standards for the designation of  
            Certified Code Enforcement Officers.


            This bill is jointly sponsored by the League of California  
            Cities and the California Association of Code Enforcement  
            Officers.


          2)Author's Statement.  According to the author, "Code  
            enforcement officers employed by a city or county, or city and  
            county, possess specialized training, but the level of  
            training these officers receive varies based on the city or  
            county in which they live.  There is currently no uniform  
            training standard.


            "In recent years, the California Association of Code  
            Enforcement Officers has received over 30 safety incident  
            reports involving code enforcement officers.  These include a  
            2015 incident in which two men pointed a rifle at a code  
            enforcement officer serving legal papers, as well as a 2012  
            incident in which an officer was shot while serving an  
            inspection warrant.









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            "There have also been several notable cases of misconduct by  
            code enforcement officers in which local jurisdictions were  
            required to pay large amounts in settlements.  For example, in  
            2014, San Jacinto paid $746,559 in damages for disability  
            discrimination after code enforcement officers did a sweep of  
            unlicensed group homes without warrants and unlawfully  
            questioned residents.  In 2005, the City of Sacramento was  
            found to be liable for $717,000 in compensatory and punitive  
            damages for seizing and destroying property without required  
            due process.  Lack of proper training led to code officers  
            being in danger, as well as a liability to local governments.


            "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 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.


          3)Arguments in Support.  Supporters argue that the bill will  
            provide a level of trust to the public and public agencies as  
            to the competency of code enforcement officers.


          4)Arguments in Opposition.  None on file.


          5)Double-Referral.  This bill was heard in the Public Safety  
            Committee on April 5, 2016, where it passed with a 6-1 vote.


          REGISTERED SUPPORT / OPPOSITION:










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          Support


          California Association of Code Enforcement Officers [CO-SPONSOR]


          League of California Cities [CO-SPONSOR]


          California College and University Police Chiefs Association


          California Narcotic Officers Association


          Los Angeles County Professional Peace Officers Association


          Los Angeles Deputy Sheriffs


          Los Angeles Police Protective League


          Riverside Sheriffs Association




          Opposition


          None on file












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          Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958