Are there any jurisdictions that allows Code Enforcement to carry OC/Pepper Spray without being POST certified? If so, please reach out to me at JODonnell@Alpharetta.Ga.Us in hopes to discuss policy/procedures involved. Thank you. 

Hello Jacob,

The lack of responses may speak for itself.

The high liability of allowing non-P.O.S.T. Certified Officers, aka Code Enforcement Officers, to carry any form of a weapon (O.C., A.S.P., Knives, Firearms, etc.) has always been a huge concern for any governmental agency. Most agencies, inclusive of my agency have reviewed the possibility and found the option too risky and highly problematic because of the litigious society we are currently in.

P.O.S.T. Certification helps to mitigate the high liability of employees having and using such devices but even then cannot guarantee protection from litigation. Non-P.O.S.T. Certified individuals lack the training or field experience to utilize such devices and then be able to articulate in judicial proceedings why they acted in the manner in which they did as supported by case law. Years of law enforcement training accompanied by field experience provide that expertise and knowledge helping to minimize the fallout and consequences when such an event occurs. Even when such devices are properly used as supported by law, litigation usually follows even when such litigation is unjust.

Even the use of O.C. has had cases where the outcome was fatal to certain individuals due to underlying causes such as allergens or pre-existing medical conditions which resulted in costly judicial proceedings to all involved parties and the serious injury or death of at least one individual involved.

Regardless, the decision rest with your employing agency as guided by their legal representative, whether that is a State, County, or City Attorney. 

As a current Code Enforcement Officer/Inspector/Manager and former Georgia Certified Police Officer with P.O.S.T. certification still valid and in good standing, I understand your inquiry and desire to obtain additional information on this matter; however, the likelihood of obtaining favorable results regarding this matter without obtaining and maintaining P.O.S.T. Certification is unlikely.

I wish you the best of luck as you move forward in researching this matter on behalf of your employing agency.

Stay safe and GOD bless you. 

Happy New Years! 

I am a P.O.S.T. certified officer with 24 years experience. In my experience, certified law enforcement officers have the training and experience to properly utilize O.C. tools and articulate their use in any court proceeding that follow. The issuance of such devices to any non-P.O.S.T. certified personnel opens the door to high liability in my opinion. I agree with the above assessment. 

I wish you the best of luck in your endeavor.

Respectfully,

Happy New Year!

Mark 

As a current code enforcement inspector and not ever been POST certified, I am ambivalent on this topic. I can see that having OC/Pepper Spray may give a sense of control to the inspector but I think that in the big picture it would not be useful.

If a citizen wants to or is going to cause problems using OC/Pepper Spray may just escalate matters. If not immediately then for the jurisdiction or other inspectors dealing with that citizen.

As a individual person in regular life pepper spray may be effective but as a government employee using it as part of the job it could very easily be seen as an abuse of power.  

First and Foremost: KUDO'S to the members who have commented. EXCELLENT Advise and information provided.  LOVE IT...

I have been a "Code Enforcement Officer" since 1999, worked in three different jurisdictions and was certified to carry and use O.C Spray and "TAZER-TAZER-TAZER" certified since 2012. However, I never carried and refused to carry or use either. I for one am against it, because, I am not a POST Officer and as code enforcement officers we are challenged to change the mindset of communities through Education  of the Local Ordinances; 1st priority is to gain willful compliance and  lastly pursue municipal enforcement where techniques fail to get willful compliance.  Our focus is on property maintenance issues which create nuisance conditions for the public. Most property owners, tenants, and citizens in general are simply not aware of the requirements to maintain their property accordingly. 

Public Education is the best weapon for anyone upholding the local ordinances. Proactive code enforcement has proven to be the best strategic approach to changing the mindset and increasing the value residents have for their communities. 

There is so much I could say about this topic and the need to promote better Public Education and Proactive Code Enforcement. But, the comments here I believe, have sufficiently supplied diverse responses. AGAIN commenters KUDO's and Jacob thank you for such a wonderful topic of discussion.

By the way just for transparency I am not the Deputy Director of Planning and my code enforcement aspects are now mostly focused on Planning, Zoning, and Historic Preservation.