Resolution Approving the Bakersfield Police Departm ent’s Military Equipment Use Policy
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RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL APPROVING THE
BAKERSFIELD POLICE DEPARTMENT’S MILITARY EQUIPMENT
USE POLICY AND AUTHORIZING THE FUNDING,
ACQUISITION, AND USE OF EQUIPMENT PURSUANT TO
SAID POLICY.
WHEREAS , on September 30, 2021 the Governor approved Assembly Bill No. 481 which requires, among other things, that local law enforcement agencies maintain a “military equipment use policy” (hereafter, the “Policy”) governing the purposes and authorized uses for which the agency p roposes to use certain “military equipment,” as broadly defined in the new law; and WHEREAS , the Policy must be approved by the governing body of the agency before a law enforcement agency may request, seek funds for, acquire, use, or collaborate with other agencies in the deployment of military equipment, and thereafter such approval must be renewed annually; and WHEREAS, the new State law definition of “military equipment ” broadly encompasses a wide variety of types of equipment no t previously considered military in nature, making it particularly difficult to inventory all types of equipment that may now or in the future be in use by the Department; and WHEREAS , the Bakersfield Police Department has therefore d eveloped a Policy (currently identified as Policy 705) in acco rdance with new State law that, among other things, includes a broad description of each type of equipment sought or used, their capabilities, purchase cost a nd life span, as well as legal, procedural, and training requirements for officers’ use of the equipment; and WHEREAS, the City Council previously approved Policy 705 as set forth in Resolution Nos. 194-2022, 185-2023 and 188-2024, an d the City Council desires to renew such approval via this Resolution; and
WHEREAS , the Bakersfield Police Department has successfull y utilized, and desires to continue to utilize, the equipment identified in the Policy for the purpose of increasing the safety of our community and our o fficers, while reducing the likelihood of death and injury; and
WHEREAS, the Bakersfield Police Department has provided an u pdated annual report in accordance with Government Code se ction 7072, which is also Resolution Approving the Bakersfield Police Departm ent’s Military Equipment Use Policy
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incorporated into the Department’s Policy and is hereby received and approved; and
WHEREAS , occasionally the Bakersfield Police Department also collaborates with other law enforcement agencies, including but not limited to the Kern County Sheriff’s Office, in the deployment of milit ary equipment when available and necessary to provide effective and efficient la w enforcement response to public safety emergencies, which further enhances t he public safety of the community; and
WHEREAS, the City Council therefore finds that the Department’s acquisition and use of the equipment, including equipment provided or shared by other law enforcement agencies, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS , the Department’s Policy governing use of the equi pment will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS , the types of equipment identified in the policy are approved for purchase as reasonably cost effective compared to a vailable alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS , the Department’s prior use of the equipment was consistent with Department policies in effect at the time of use an d moving forward the Policy will govern all continuing and future uses of military equipment, and therefore the Policy adequately ensures future compliance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorpo rated herein by reference and shall constitute the City Council’s f indings in support of approval as set forth in Government Code section 7071.
2. The City Council hereby approves of the Bakersfield Police Department’s Military Equipment Use Policy (Policy 705), as may be amended from time to time, attached hereto as Exhibit A , and the updated annual report attached hereto as Exhibit B.
3. The City Council authorizes the Bakersfield Police Department to request, seek funds for, and acquire, including fro m federal sources (to Resolution Approving the Bakersfield Police Departm ent’s Military Equipment Use Policy
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include federal funds or grants) military equipment as defined in Government Code section 7070, and to use such equip ment pursuant to said Policy. Equipment that has been approved by another law enforcement agency’s governing body may be utilized by the Bakersfield Police Department, subject to and in ac cordance with this Policy.
4. This Resolution shall become effective immediately upon adoption. --------oo000oo--------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopt ed, by the Council of the City of Bakersfield at a regu lar meeting thereof held on ________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
___________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED __________________
By___________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
By___________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney
Attachment: Exhibit A – BPD Policy No. 705 w/Attac hment A Exhibit B – BPD Annual Report 2024-2025
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