ORDINANCE NO. 2022-
AN UNCODIFIED ORDINANCE OF THE CITY OF
ANAHEIM ADOPTING A POLICY GOVERNING THE
USE, FUNDING AND AQUISITION OF MILITARY
EQUIPMENT BY THE ANAHEIM POLICE
DEPARTMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, the mission of the Anaheim Police Department (Department) is to provide the highest quality police services to the community it serves; and WHEREAS, the Department values transparency and public input, and welcomes open dialogue about its practices and operations; and
WHEREAS, the Department desires to promote and ensure public safety, civil rights, and officer safety; and
WHEREAS, the Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic environments; and
WHEREAS, a variety of equipment options is needed for safe and effective resolution of those situations; and
WHEREAS, each situation is evaluated by incident commanders or supervisors who, based on circumstances and Department directives, determine which equipment should be used; and WHEREAS, the Department’s diverse catalogue of military equipment, as defined in state law, and associated training gives police officers the confidence and capability to de-escalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution; and
WHEREAS, from time to time, the Department may be asked to assist or need to be assisted by other law enforcement agencies, which may include use of military equipment, as defined in state law; and
WHEREAS, partnerships with other law enforcement agencies are an integral part of maintaining the continuity of public safety within the region; and WHEREAS, Assembly Bill 481 (“AB 481”) became effective on January 1, 2022; and WHEREAS, AB 481 defines military equipment in California Government Code section 7070(c) to include a wide range of equipment as described in the Department’s Military Equipment Use Policy; and
WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by an ordinance adopting a Military Equipment Use Policy prior to requesting military equipment from the federal government, seeking funds for military equipment, including grants and donations, acquiring military equipment, collaborating with another law enforcement agency in the use of military equipment in Anaheim, using any new or existing military equipment in a manner not previously approved by the Council, or entering into an agreement for funding, receipt, acquisition, use of, or collaboration in the use of military equipment; and WHEREAS, in applying the requirements of AB 481 to charter cities, the California Legislature declared oversight of acquisition and use of military equipment to be a matter of statewide concern, rather than a municipal affair, thereby superseding any inconsistent provision in the Anaheim Charter; and
WHEREAS, the federal government allows local law enforcement agencies to obtain certain types of military equipment through a program authorized by Section 2576a of Title 10 of the United States Code, commonly known as the “1033 Program” or “LESO Program”; and WHEREAS, the Department does not currently participate in the LESO Program and does not intend to participate in the Program in the future; and WHEREAS, in order to promote public safety, civil rights, and officer safety, the Department desires to continue using, seeking funding for, acquiring, and collaborating when necessary with other law enforcement agencies, in the use of, the military equipment described in the Military Equipment Use Policy; and
WHEREAS, the City Council, as the legislative body, makes legislative policy for the City of Anaheim and the Anaheim Police Department; and
WHEREAS, the executive and legislative branches of City government recognize the importance of working together to protect public safety by creating policies which protect the residents of Anaheim; and
WHEREAS, the Council has examined the Department’s Military Equipment Use Policy (the “Policy”) and finds that the Police Department has submitted all information described in Government Code section 7070(d), enabling the Council to make the following findings; and WHEREAS, pursuant to Government Code section 7071(d), the Council finds that the military equipment described in the Policy is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety; and WHEREAS, pursuant to Government Code section 7071(d), the Council further finds that the Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, pursuant to Government Code section 7071(d), the Council also finds that continued use of existing military equipment and purchase of military equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, pursuant to Government Code section 7071(d), the Council additionally finds that the Department will ensure the continued and future use of existing military equipment described in the Policy will comply with the Policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
The Police Department’s Military Equipment Use Policy, on file with the City Clerk, is hereby adopted.
SECTION 2.
By adoption of the Military Equipment Use Policy, the Council approves seeking funds for military equipment described in the Policy, including grants and donations, acquiring military equipment described in the Policy, collaborating as needed with other law enforcement agencies in the deployment or use of military equipment in Anaheim, using new or existing military equipment as described in the Policy, and soliciting or entering into an agreement for funds, acquisition, use of, or collaboration for use of military equipment described in the Policy.
SECTION 3.
The ordinance was adopted at a duly-noticed public hearing held at least thirty (30) days after the proposed Military Equipment Use Policy was submitted to the City Council and posted on the Anaheim Police Department’s website. Approval of the Policy is not intended to and shall not supersede existing processes to seek approval for the appropriation and expenditure of specific funds through the annual budget process, or existing processes for the approval and execution of contracts, donations, and grants.
SECTION 4.
The Council shall review this ordinance annually and vote whether to renew the ordinance, consistent with the requirements of state law.
SECTION 5.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 6.
This ordinance shall take effect and be in force thirty (30) days from and after it is adopted by the City Council.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the____ day of ______________, 2022, and passed and adopted on the __ day of ___________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ___________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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