File #: 22-304    Version: 1 Name: Military Equipment Funding, Acquisition, and Use Policy
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 5/2/2022 Final action: 5/2/2022
Enactment date: Enactment #:
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
Sponsors: Luis Torres
Attachments: 1. Att A Ord 2022- Ordinance Approving Military Equipment Use Policy, 2. Att B Military Equipment Use Policy 22 04 19, 3. Att C Military Equipment Inventory 22 04 21, 4. Presentation AB 481

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, command and control vehicles, less lethal projectile launchers, and flashbangs. 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.

 

Pursuant to Assembly Bill 481, staff prepared a “Military Equipment Funding, Acquisition and Use Policy,” “Military Equipment Inventory List” and corresponding ordinance for City Council consideration.

 

Analysis

 

The San Leandro Police Department’s “Military Equipment Funding, Acquisition and Use Policy,” as well as the required “Military Equipment Inventory List” are attached to this report. 

 

The policy requires the department to:

 

                     Identify equipment the department intends to acquire that requires approval by the City Council;

                     conduct an annual inventory of all military equipment;

                     collaborate with any other California law enforcement agency that may use military equipment within the City (Government Code § 7071);

                     schedule an annual community engagement meeting regarding the department’s funding, acquisition, and use of equipment;

                     prepare and publish an annual military equipment inventory on the department website (Government Code § 7072);

                     establish a procedure for a person to register a complaint, concern, or question about the use of a type of military equipment, and how the department will respond in a timely manner.  

 

The San Leandro Police Department does not have any equipment obtained from the Law Enforcement Support Officer (LESO) 10-33 program. However, due to the broad definition of “military equipment” in Assembly Bill 481, the Police Department is in possession of equipment that is defined as “military equipment.” Included in the inventory list is:

 

                     Equipment Description

                     Capabilities

                     Quantity

                     Expected Lifespan

                     Purpose

                     Authorized Use

                     Fiscal Impact

                     Training

                     Legal and Procedural Rules

                     Miscellaneous Information

 

Therefore, for the department to continue to use the equipment, the City Council must adopt an ordinance to authorize the Military Equipment Funding, Acquisition and Policy and approve the policy.

 

Fiscal Impacts

 

There is no new fiscal impact as a result of this policy.  As outlined in this policy, each request for a new purchase and use of a defined piece of military equipment will be brought before the City Council for review and approval.

 

 

PREPARED BY:  Luis Torres, Assistant Police Chief

 

ATTACHMENT

 

                     Military Equipment, Funding, Acquisition and Use Policy Ordinance

                     Military Equipment, Funding, Acquisition and Use Policy 707

                     Military Equipment Inventory List