Code enforcement officer resigns over changes to job

The transfer of Maricopa’s code enforcement division from the police department to Development Services has led to the resignation of the city’s only code compliance officer.

Brian Duncan, who had retired after 23 years in law enforcement in Arizona, has worked in code compliance in Maricopa for the past 5½ years. His last day was Tuesday.

“I resigned because of changes made I don’t agree with and as a result it will be stressful on me,” Duncan said.

The city plans to hire a new code compliance officer with an annual salary range of $41,600 to $56,300 plus benefits.

Public Information Officer LaTricia Woods said the city made the transfer to increase efficiency and consistency in enforcement of city codes and increase direct supervision and oversight of code enforcement.

She said the only change that has been made is the reporting structure. Where previously the position reported to the assistant police chief, it will now report to the building official in Development Services, which is directed by Brent Billingsley.

Duncan said the city is going to a new code enforcement process that is strictly reactive instead of a proactive. He said under the new system the officer can only respond to a violation if a complaint is made, and not when a violation is observed by the officer.

For instance, if he saw a business selling mattresses on a street corner that he knew did not have a license or permit, he would not be able to cite the business or individual unless a complaint was made by someone else.

He said the new system will not be fair to those businesses who comply with the codes.

Every business is entitled to display approved signs, he said, but there are a handful of businesses that will put up signs without a permit. And if a business wants to put up extra signage for a special promotion, they need to pay the city $25 for a special 30-day permit.

“It’s not fair to the business people who pay the extra $25,” he said.

“If I see a violation I’m not to adjust it unless I see a complaint,” Duncan said. “I have a real problem with turning the other cheek. I’d have to drive by and not do anything.”

Peggy Chapados, a compliance volunteer who had worked under Duncan for 14 months, said she has resigned for similar reasons.

Chapados was among a group who attended a going-away party held for Duncan last night at O’Shays Pub & Grill.

“Brian has been a pleasure to work with,” she said. “He taught me a lot.”

Chapados said Duncan was a dedicated employee who did a lot for the city.

Duncan said the city’s new system is being modeled after one being used in Beaverton, Ore. Duncan said he talked to the code enforcement manager in Beaverton, who told him the philosophy behind the system was to reduce complaints against the city of Beaverton.

In other words, Duncan said, under the new system the origination of a complaint would always be from a third party, and never from the city.

Woods said that to date no changes have been made to the city’s code enforcement philosophy.

At the request of a councilmember, the city has researched Beaverton’s approach, which was featured at a National League of Cities conference, but has not made changes based on that research.

Duncan said within the first year he was hired as code enforcement officer he was given a significant pay raise and promoted to senior code enforcement officer, but his job description did not reflect that he was promoted to a management position.

Duncan said he along with his code enforcement responsibilities he supervised the city’s graffiti abatement program and Copa Cares, which has sponsored several cleanup projects throughout the city. He also managed his own budget, he said.

Woods said Duncan’s title was senior code enforcement officer and he did not directly supervise any full- or part-time city staff. The position the city is currently recruiting for is a code enforcement officer, which includes coordinating graffiti abatement volunteers and facilitating the Copa Cares program.