1 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH ADOPTING A SPECIAL ORDER OF
THE LONG BEACH POLICE DEPARTMENT CREATING A
POLICY FOR THE FUNDING, ACQUISITION, USE AND
REPORTING REQUIREMENTS FOR MILITARY EQUIPMENT
AS MANDATED BY ASSEMBLY BILL 481; DECLARING THE
URGENCY THEREOF, AND PROVIDING THAT THIS
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
WHEREAS, the Long Beach Police Department is dedicated to professional, proactive, and innovative policing and is committed to building and maintaining positive relationships with the diverse community they serve; and WHEREAS, the Long Beach Police Department values transparency and public input, and welcomes open dialogue about its practices and operations; and WHEREAS, it is the intent of the Long Beach Police Department that there be legally enforceable safeguards, including transparency, oversight and accountability measures in place to ensure the public’s welfare, safety, civil rights and civil liberties are uplifted before military equipment is funded, acquired, or used; and WHEREAS, the Long Beach Police Department desires to promote and ensure public safety as well as officer safety; and
WHEREAS, the Long Beach Police Department utilizes military equipment for the purpose of public safety with the overall goal of having a peaceful resolution for all police-public contacts; and
WHEREAS, the Long Beach Police Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and recognizes that these incidents are unpredictable, fluid, and dynamic in nature; and ORD-28
2 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 WHEREAS, the Long Beach Police Department prides itself on its training, use of best practices, forward-thinking technology, and the tools it acquires and utilizes in its mission for the safety of community members and its personnel; and WHEREAS, all officers of the Long Beach Police Department are required to attend training and demonstrate proficiency before using the identified military equipment; and
WHEREAS, from time to time, the Long Beach Police 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, the military equipment used by other jurisdictions that are providing mutual aid to the Long Beach Police Department shall comply with its own policies ; 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 Long Beach Police Department’s Special Order dated July 13, 2022; and WHEREAS, AB 481 requires the Long Beach Police 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 the City of Long Beach, 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 the oversight of acquisition and use of military equipment to be a matter of statewide concern, rather than a municipal affair, thereby superseding
3 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 any inconsistent provision in the Long Beach City 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 “LESO Program”; and
WHEREAS, the Long Beach Police Department has not procured any military equipment from the United States Department of Defense through the LESO Program in recent years; and
WHEREAS, in order to promote public safety, civil rights, and officer safety, the Long Beach Police 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 Long Beach Police Department’s Special Order; and
WHEREAS, the Long Beach City Council (“City Council”), as the legislative body, makes legislative policy for the City of Long Beach and the Long Beach 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 Long Beach; and
WHEREAS, the City Council has examined the Long Beach Police Department’s Special Order Military Equipment Use Policy (“Special Order”) attached hereto as Exhibit “A” and finds that the Long Beach Police Department has submitted all information described in Government Code Section 7070(d), enabling the City Council to make the following findings; and
WHEREAS, pursuant to Government Code Section 7071(d), the City Council finds that the military equipment described in the Special Order is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety; and
4 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 WHEREAS, pursuant to Government Code Section 7071(d), the City Council further finds that the Special Order will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, pursuant to Government Code Section 7071(d), the City Council also finds that continued use of existing military equipment and purchase of military equipment described in the Special Order 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 City Council additionally finds that 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.
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. The Military Equipment Use Policy, which is outlined in the Long Beach Police Department’s Special Order dated July 13, 2022, on file with the City Clerk, a true and correct copy of which is attached hereto as “Exhibit A”, is hereby adopted.
Section 2. By adoption of the Military Equipment Use Policy (“the Policy”), the City 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 Long Beach, using new or existing military equipment described in the Policy, and soliciting or entering into 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
5 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 submitted to the City Council and posted on the Long Beach 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 City Council shall review this ordinance annually and vote whether to renew the ordinance, consistent with the requirements of state law.
Section 5. This ordinance is an emergency ordinance duly adopted by the City Council by a vote of five of its members and shall take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five members of the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach, and it shall thereupon take effect and shall be operative on and after 12:01 a.m. on ________________, 2022.
Section 6. This ordinance shall also be adopted by the City Council as a regular ordinance, to the end that in the event of any defect or invalidity in connection with the adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be and become effective on the thirty-first (31st) day after it is approved by the Mayor. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach.
///
///
///
///
///
///
///
6 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 I hereby certify that on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the question of emergency of this ordinance at its meeting of ______________________, 2022, the ordinance was declared to be an emergency by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
I further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the ordinance, it was adopted by the City Council of the City of Long Beach by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
7 ADS:ag A22-01887 (10/05/2022)
01445583.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 I further certify that the foregoing ordinance was thereafter adopted on final reading by the City Council of the City of Long Beach at its meeting of ______________, 2022, by the following vote::
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: _________________
(Date) Mayor
City Clerk
EXHIBIT “A”