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