Title
Ordinance First Reading Approving And Adopting A Military Equipment Funding, Acquisition and Use Policy And Adding Chapter 4-42 "Military Equipment Funding, Acquisition and Use Policy" To Title 4. "Public Welfare" Of The Municipal Code In Compliance With Assembly Bill 481
Staffreport
SUMMARY AND RECOMMENDATIONS
The purpose of California Assembly Bill 481 is to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies.
Staff recommends the City Council approve and adopt the Military Equipment Funding, Acquisition and Use Policy and adding Chapter 4-42 "Military Equipment Funding, Acquisition and Use Policy" to Title 4. "Public Welfare" of the Municipal Code in compliance with California Assembly Bill 481.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a "military equipment" use policy. The item must be heard during a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of military equipment. California Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
Government Code section 7070 defines the term "military equipment" to not necessarily
indicate equipment that has been used by the military or purchased from the federal
government. Rather, the definition includes, but is not limited to, unmanned aerial or
ground vehicles, armored vehicles, comma...
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