HERCULES CITY COUNCIL RESOLUTION NO. 22-028
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES COMMENCING THE GOVERNING BODY APPROVAL PROCESS IN ACCORDANCE WITH CALIFORNIA ASSEMBLY BILL 481 REQUIREMENTS, AND DIRECTING STAFF TO RETURN TO COUNCIL WITHIN THE TIME PROVIDED TO PRESENT FOR COUNCIL CONSIDERATION AT A NOTICED PUBLIC HEARING AN ORDINANCE COMPLYING WITH ALL AB 481 MANDATES REGARDING MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE WHEREAS, California Assembly Bill 481; Military Equipment Funding, Acquisition, and Use was adopted and signed into law by Governor Newsom on September 30, 2021; and WHEREAS, AB 481 requires local law enforcement agencies to declare currently possessed “military equipment” as defined by the bill; and WHEREAS, AB 481 requires local law enforcement agencies to seek and gain approval from their governing body to retain currently held equipment as well as prior to obtaining additional equipment; and WHEREAS, AB 481 further requires local law enforcement agencies to adopt policy sections governing the funding, acquisition, purpose and use of qualifying military equipment; and WHEREAS, the Hercules Police Department currently possesses some qualifying equipment as detailed in the draft Hercules Police Department policy section 709; and WHEREAS, it is the desire of the Hercules Police Department to obtain from the City Council, who serves as the governing authority pursuant to AB 481, the authority to allow the continued possession of the equipment already in the inventory of the Hercules Police Department; and WHEREAS, the Hercules Police Department is committed to seeking permission from the City Council of the City of Hercules prior to acquiring any additional equipment qualifying under AB 481; and WHEREAS, the Hercules Police Department will provide an annual report on or around May First of each year on the use of any military equipment, any complaints received, any internal audits or violations of this policy, and the cost of such use.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules, the following:
The City Council hereby commences the governmental body approval process pursuant to the requirements of AB 481.
In accordance with the requirements of AB 481, the City Council hereby directs the Hercules Police Department to schedule a public hearing at an upcoming regularly scheduled City Council meeting to present an ordinance for Council consideration regarding draft policy section 709; Military Equipment Funding Acquisition and Use, to be added to the Hercules Police Department policy manual, said ordinance to contain all relevant findings required pursuant to AB 481.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 26th day of April 2022, by the following vote of the Council:
AYES: COUNCIL MEMBERS: T. Grimsley, C. Kelley, D. Romero, Vice Mayor A. Walker-Griffin, Mayor D. Bailey.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Dion Bailey, Mayor
ATTEST:
Lauren Berges
City Clerk
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Resolution 22-028