City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 17, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2023-54 AB 481 Military Use Equipment
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2023-54, A Resolution of the City Council of the City of Gonzales Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2022-2023 Annual Military Equipment Report Pursuant to Government Code Section 7071(d) and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.”
BACKGROUND
Effective January 1, 2022, Assembly Bill 481 (codified in Government Code Section 7070 et seq.) requires legislative bodies to adopt ordinances approving military equipment policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has defined as “military equipment” in Government Code Section 7070. The Gonzales Police Department Military Equipment Policy was approved by the City Council by Ordinance No. 2022-131 on June 20, 2022.
Government Code Section 7071(e)(1) states that a governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (e)(2), to vote on whether to renew the ordinance at a regular meeting.
Paragraph (e)(2) of Government Code Section 7071 states that the governing body shall determine, based on an annual report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d) of Section 7071, which reads as follows:
AGENDA
ITEM
19 (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) 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. (D) 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 governing body determines that a type of military equipment identified in its annual military equipment report has not complied with the standards for approval set forth above, the governing body 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.
In order to facilitate the orderly annual ordinance review referenced above, Government Code Section 7072 requires that any law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the government body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
A copy of the Gonzales Police Department’s AB 481 Annual Report 2022-23 is attached hereto as Exhibit
1. REVIEW AND ANALYSIS
The City Council considered and adopted Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709- Military Equipment” on June 20, 2022. During the June 20 meeting, and the prior meeting at which Ordinance No. 2022-131 was introduced, the Council took comment from the public and discussed the ordinance and involved policy.
On June 20, 2023, the Council received the Police Department’s Annual Report on military equipment.
The Report was thereafter posted on the City’s website on June 26, 2023. Staff also publicized the date and location of the required “Community Engagement Meeting” concerning the Report, set as a part of the City Council’s regular meeting agenda for July 17, 2023, through social media, postings, and as a part of the City Council’s posting of its meeting agenda. Policy 709 has been continuously posted on the City website since adoption.
The Annual Report is meant to provide yearly information about each type of military equipment that was approved by Council. In Gonzales, the only military equipment possessed by the Police Department is nine (9) semi-automatic rifles and three (3) 38mm “Less Lethal Projectile Launchers.” The Report contains a summary of how equipment was used, any complaints or concerns received about the equipment, and any associated costs related to the equipment’s use. For this reporting period, no new military equipment was purchased, the equipment was only utilized for minimal and/or training purposes, and all costs were contained within budget appropriations. The Report does not seek approval of future acquisitions.
The Council should hold a community meeting to receive comment upon and to discuss the Annual Report. Thereafter, State law requires that the City review and consider renewal of its ordinance and military equipment policy. Since there have been no changes in the types or use of military equipment held by the Police Department in the past year, all of the findings made by the Council in support of the adoption of Policy 709 in 2022 should remain unchanged. As such, staff believes that both the Annual Report and Ordinance and Policy 709 can be renewed for another year by way of resolution finding that the Annual Report has been prepared in accordance with legal requirements and that there have been no changes to the policy and no immediate plans to acquire any additional military equipment. The adoption of a new ordinance is not needed at this time.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Tracking military equipment owned and used by the Police Department has been deemed by the legislature as an effective means of reassuring the public that such equipment is being properly deployed and is necessary for public safety.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: It is important for the residents of Gonzales to know what equipment is available to the Police Department to provide protection services in an effective and cost-efficient manner.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ___No ___NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA
ALTERNATIVES
• Adopt Resolution No. 2023-54, “Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2022-2023 Annual Military Equipment Use Report Pursuant to Government Code Section 7071(d) and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.” • Council could make changes to the Military Equipment Policy and/or Ordinance No. 2022-131 if the Council determines that there has been non-compliance with standards set forth in subdivision (d) of Section 7071 of the Government Code. Council can also renew or disapprove renewal of the authorization for that type of military equipment or require modifications to the military equipment policy in a manner that will address and resolve lack of compliance.
BUDGET IMPACT
There will not be any new, unplanned direct fiscal impacts in continuing the ownership and minimal use of equipment already in the Police Department’s inventory or continuing to collaborate with other law enforcement agencies utilizing miliary equipment, including in mutual aid circumstances. Maintenance costs of existing equipment, if any, is within the Police Department’s budget.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2023-54, A Resolution of the City Council of the City of Gonzales Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2022-2023 Annual Military Equipment Report Pursuant to Government Code Section 7071(d) and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.” Attachments:
1. AB 481
2. Resol 23-54 AB 481 Military Equipment Use
3. EXHIBIT 'A' Gonzales PD AB 481 Annual Report 2022-2023
4. EXHIBIT 'B' Ordinance No. 2022-131 Military Equipment Policy