….Looks like my rumor was true. Here is a memo we got from our public records request:
To: Bob McLaughlin, County Administrator, Alison Perdue Rogers, County Attorney
From: Ryan E. Ross, Assistant County Attorney
Date: March 10, 2008
Re: Combining of Code Enforcement and Animal Control Positions
You have recently discussed the possibility of transferring the Environmental Code Enforcement Division to Roads and Bridges. Specifically, you are contemplating reassigning County code enforcement officers to also serve as road correction officers at the Road Prison. You have also asked about designating County animal control officers as code enforcement officers. Based on my understanding of these proposed assignments, I have outlined the steps necessary to effect the changes:
A. Road Corrections Officers
County road corrections officers are correctional officers as defined by § 943.10(2), Florida Statutes. If a code enforcement officer were to qualify as a road corrections officer, the code enforcement officer would need to meet all training and eligibility requirements established pursuant to Chapter 943, Florida Statutes. I understand that many of the County’s code enforcement officers have already obtained certification from the CJTSC. Nonetheless, I would recommend thorough review of their qualifications by HR and the Road Dept. to ensure complete compliance with Chapter 943.
B. Code Enforcement Officers
Section 162.21, Florida Statutes, authorizes the County to designate certain employees as code enforcement officers and to define training requirements for the position. The statute specifically lists “animal control officers†and “law enforcement officers†as employees who may be designated as code enforcement officers. County Ordinance 30-62 states that the County Administrator may make the designation “within classes established by resolution†of the BCC. The ordinance also requires the County Administrator to establish uniform training and qualifications. Accordingly, if the County seeks to designate animal control officers or road corrections officers as code enforcement officers, it would likely need to present a resolution to the BCC. Furthermore, any officer receiving the designation would need to comply with all training requirements and qualifications currently needed for the code enforcement position, as formulated by the County Administrator through the HR Dept.
C. Animal Control Officers
Section 828.03(2), Florida Statutes, requires the BCC to designate employees as animal control officers. County Ordinance 10-3 further confirms that animal control officers must be duly appointed and authorized. Therefore, the BCC could designate code enforcement officers as animal control officers, most probably through resolution. However, the code enforcement officers would need to meet any training requirements or qualifications currently needed for the animal control position.
RER/cks
cc: Rod Powell, Director, Human Resources
