Joint Special CC/BFPD/Public
Facilities Corporatio
07/17/23 06:00 PM
Police
Andy Espinoza Jr.
Resolution
Doc ID: 5390
AGENDA ITEM
AGENDA MATTER:
REVIEW THE CITY’S MILITARY EQUIPMENT ANNUAL REPORT AND ADOPT RESOLUTION NO. ____-2023 TO RENEW ORDINANCE NO. 989-2022, APPROVING THE CITY’S MILITARY EQUIPMENT POLICY, AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070 EXECUTIVE SUMMARY:
Assembly Bill 481 (“AB 481”), codified in California Government Code Sections 7070 - 7075, requires law enforcement agencies to adopt a “military equipment” use procedure ordinance. The City adopted Ordinance No. 989-2022 on May 2, 2022 approving a “military equipment” use procedure. AB 481 requires the City to review the “military equipment” use procedure annually.
DISCUSSION:
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (AB-481) requiring law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a “military equipment” use policy, as defined under AB 481. The Legislature found that the public has a right to know about any funding, acquisition, or use of “military equipment” by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. “Military equipment” as governed by the proposed procedure is broader than just equipment received from the US military and generally includes all types of non-standard-issue firearms, including such things as less lethal munitions, e.g., rubber bullets, and remotely operated camera equipment. The proposed procedure adopts standards for the use and required training methods for these types of equipment.
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481 which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and use of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance no later than May 1, 2022.
On an annual basis thereafter, an agency is required to publish a military equipment report to its website and hold at least one community engagement meeting to allow the public to ask questions and discuss the report. The annual report shall include a summary of each type of military equipment, its intended purpose, how each type of equipment was used by the agency during the preceding year, a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and quantity possessed.
AB 481 further requires the governing body, at least annually, to review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment and vote on whether to renew the ordinance. The City Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).
Joint Special CC/BFPD/Public
Facilities Corporatio
07/17/23 06:00 PM
Police
Andy Espinoza Jr.
Resolution
Doc ID: 5390
AGENDA ITEM
The Police Chief will present a report regarding Military Equipment in compliance with Assembly Bill 481, including:
How our military equipment was used;
A summary or any complaints or concerns received;
The result of an annual internal audit;
Any information about violations of the military equipment policy and actions taken in response; The total annual cost for each type of military equipment and the source of funds for the military equipment in the calendar year following submission of this annual military equipment report; The quantity possessed; and
Whether this agency intends to acquire additional military equipment in the next year.
Under Government Code section 7071, subdivision (e), the City Council shall review the Ordinance adopting the City’s Military Use Policy, Ordinance No. 989-2022, and vote to renew the Ordinance if it finds, based on the Annual Military Equipment Report, that the Military Use Policy continues to meet the findings stated therein; namely that:
The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
If the City Council determines that a type of military equipment identified in that Annual Military Equipment Report has not complied with the standards for approval set forth above, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
Resolution No. ____-2023 is before the City Council and if adopted would renew Ordinance No. 989- 2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
FISCAL IMPACT:
There are no fiscal impacts at this time. The acquisition costs for most equipment covered by the proposed procedure have already been paid. The existing budget accounts for the costs of maintaining the equipment and of acquiring any needed new or replacement equipment.
Joint Special CC/BFPD/Public
Facilities Corporatio
07/17/23 06:00 PM
Police
Andy Espinoza Jr.
Resolution
Doc ID: 5390
AGENDA ITEM
RECOMMENDED ACTION:
The Barstow Police Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements.
Staff recommends City Council approve the 2023 Military Equipment Annual Report and adopt Resolution No.____-2023 renewing Ordinance No. 989-2022, which approved the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
The renewal of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2,5).
Attachments:
1. Resolution No. ____-2023
2. Annual Military Equipment Policy
3. Barstow Ordinance No. 989-2022