Atlanta Police Department

The Chief of Police, or his or her designee, has the authority to appoint Code Enforcement Agents. Code Enforcement Agents will not be considered regular police officers; they will not have the authority to make physical arrests nor be issued or possess any firearm during the performance of their duties. The wearing of patches indicating an affiliation with the Atlanta Police Department (APD) will not be permitted with the exception of those Code Enforcement Agents employed by the Atlanta Police Department. Code Enforcement Agents will have limited authority to serve subpoenas, citations and summonses for violation or failure to comply with any ordinance of the City of Atlanta.

3. RESPONSIBILITIES

3.1 The Criminal Investigation Division (CID) commander will authorize the issuance of a Code Enforcement Agent badge and identification card if an applicant meets all the requirements.

3.2 The chief executives of city agencies or departments will evaluate the moral, physical, and mental qualifications of those employees who are eligible to be appointed as Code Enforcement Agents and will make appropriate written recommendations to the Chief of Police or his or her designee.

3.3 The License and Permits Unit (LPU) commander will implement this directive, including maintaining a file on each applicant for Code Enforcement Agent status, maintaining a database on applicants, taking photos, and issuing badges and identification cards.

3.4 The Identification Unit commander will conduct criminal history checks in support of this process.

4. ACTION

4.1 A Code Enforcement Agent must be a current City employee with duties that require a Code Enforcement Agent’s authority. See Section 5.1 for more information.

4.1.1 The Code Enforcement Agent Application (Form APD 744) will show a photo, name, address, Social Security Number, date of birth, race, sex, height, weight, eye color, and natural hair color of the applicant. It will also provide the applicant’s employer information, residential history for the past five years, employment history for the past three years, marital status, and any convictions for violation of the law. The License and Permits Unit will issue an instruction sheet and Criminal History Consent Form (Form APD 928) along with the application, to guide the applicant through the process.

4.1.2 Applicants seeking appointment as a Code Enforcement Agent will complete the Code Enforcement Agent application and submit it to their immediate supervisor for processing and forwarding to the department head. The application is available at the License and Permits Unit and on the CityWeb.

4.1.3 The department head will sign the completed Code Enforcement Agent Application, attesting to the applicant’s moral, physical, and mental qualifications to be a Code Enforcement Agent. The applicant will deliver the application to the APD Identification Unit, along with a signed and notarized consent form for a criminal history check, and ID will fingerprint the applicant.

4.2 The Identification Unit will conduct a GCIC criminal history check of all new applicants. Renewal applicants that are not presently on file will receive a live scan fingerprint. If a renewal applicant has a live scan print on file, a print of the right index finger will be affixed to the second page of the renewal application and used to confirm the applicant’s identity. ID will forward the application and the criminal history information to the CID commander for review and consideration.

4.3 The CID commander is specifically authorized to require additional information from the applicant and will grant or deny the application.

4.3.1 A felony conviction, a pattern of misdemeanor convictions, or other indications of criminal or abusive behavior, in the judgment of the CID commander, will be sufficient to deny appointment as a Code Enforcement Agent.

4.3.2 If the application is approved, the CID commander will return it to LPU who will schedule the applicant with the City Solicitor for training. If the application is denied, the CID commander will return it to LPU who will notify the applicant and the chief executive of the requesting department. The reason for the denial will be noted in the applicant’s file.

4.4 Prior to swearing-in, the City Solicitor will train the approved applicants in enforcement and court procedures. The City Solicitor will notify the License and Permits Unit in writing of the applicant’s passing or failing the training.

4.5 LPU will note the training results on the application. LPU will send a copy of the completed application to the applicant’s department head and will keep a copy of the completed application (approved or denied) on file for ten years. LPU will schedule the successful applicants to take a photograph, be sworn in, and sign for and receive a Code Enforcement Agent badge and identification card. The CID commander or designee will conduct the swearing-in. The LPU will forward copies of the signed oaths of office to the Fulton County Probate Court.

4.6 Code Enforcement Agent identification cards will be valid for no more than two years; the expiration date will be clearly printed on the ID card. The old ID card must be surrendered to the License and Permits Unit at the time of renewal.

4.7 Renewal and Termination

4.7.1 Status as a Code Enforcement Agent must be renewed before the expiration date on the ID card. The ID Unit will update the criminal record check every two years.

4.7.2 If a Code Enforcement Agent is no longer assigned to the duties of a Code Enforcement Agent or is no longer employed by that department, the department head will retrieve and forward the employee’s badge and identification card to the License and Permits Unit for reissuance or destruction.

4.7.3 If a Code Enforcement Agent is arrested or convicted of a crime, he or she will inform his or her department head and the CID commander immediately.

4.8 Records

4.8.1 The License and Permits Unit commander will maintain a database or spreadsheet of all applicants applying for appointment. This database will include at least the applicant's name, contact number, department and unit, department head, status of criminal background check (approved or denied), training date and status (passed or failed), date application was suspended (if applicable), swearing-in date, and ID card expiration date.

4.8.2 The LPU will maintain a file on each applicant that begins the application process, which will include criminal history, training verification, approval or denial by the CID commander, any correspondence on failure to meet program requirements, any allegations of abuse and subsequent investigation results, and any other documentation pertinent to the status of the CEA while in the program.

4.8.3 These personnel files will adhere to the same Record Retention schedules as other Departmental personnel files.

4.9 The Office of Professional Standards will investigate any complaints of abuse of authority or other misconduct related to a person’s status as a Code Enforcement Agent and may recommend revocation of that status to the CID commander. The Agent’s department head will cooperate in the investigation. OPS will notify the department head of the result of the investigation.

4.10 The CID commander may revoke or suspend an individual’s Code Enforcement Agent status at any time.

5. DEFINITIONS

5.1 Code Enforcement Agent: The following job classifications are eligible. The CID commander may add or remove classifications from the list, in consultation with the concerned department head and the commissioner of Human Resources.

· Police Department: license permit inspectors, traffic control inspectors; and the director, administrative assistants, enforcement officers, and enforcement officer supervisors of the Division of Taxicabs and Vehicles For Hire

· Corrections Department: corrections officers

· Fire Rescue Department: Fire inspectors

· Parks, Recreation, and Cultural Affairs: Arborists and arborists, senior

· Planning and Community Development Department: building inspectors, plumbing inspectors, zoning inspectors, housing code inspectors, codes compliance officers

· Public Works Department: parking meter enforcement officers, sanitary code enforcement officers, sanitation route supervisors, inspectors for the site development coordinator

· Watershed Management Department: environmental compliance manager, environmental compliance officer principal, environmental compliance officer senior, environmental compliance officer, pollution control monitor chief, pollution control monitor principal, pollution control monitor senior, watershed inspector senior, watershed inspector principal, watershed quality inspector senior, watershed quality inspector principal, watershed distribution inspectors, watershed distribution inspector supervisor, industrial waste inspectors

5.2 Department head: the chief, commissioner, or chief executive of any City department or agency or the designated official of any City department or agency not within the executive branch of City government.

6. CANCELLATIONS

APD.SOP.2210, “Code Enforcement Agent,” that was issued January 26, 2007.

7. REFERENCES

Atlanta City Code, section 98-1.