Item #02
Date: May 17, 2022
To: Mayor and City Council
From: Christian S. Sachs, Chief of Police
Jim Schaad, City Manager
Subject: Approve An Ordinance Approving a Military Equipment Use Policy Recommendation:
Pass a Motion to 1) waive the second reading of Ordinance No. 1438, 2) adopt Ordinance No. 1438, 3) adopt Resolution 2022-XX to adopt the Military Use Policy and 4) waive the first and second reading of the Ordinance authorizing the modification Title 2 of the Marysville Municipal Code entitled “Administration and Personnel,” to create Chapter 2.77 entitled “Military Equipment Use Policy.” Rationale for Recommendation:
Senate Bill 481, passed on January 1, 2022, requires law enforcement agencies to obtain approval of the governing body via an ordinance adopting a military equipment use policy before acquiring, using, or collaborating with other LEA’s within the jurisdiction to use the defined military equipment.
Background:
Prior to the passed of Senate Bill 481, The Department has obtained specified equipment from the United State Military, specifically an operational MATV vehicle used in conjunction with the Metro SWAT Team, and a non-operational Humvee awaiting to be returned.
The Department is part of a joint SWAT Team with Yuba City Police Department and the Yuba County Sheriff’s Office, called the Metro SWAT Team. This team has also acquired additional military equipment to use during such tactical deployments.
With the passage of Senate Bill 481, agencies are required to adopt a policy and have it approved by ordinance that allows the Department and assisting law enforcement agencies to continue to use the military equipment approved by their respective boards.
Discussion & Analysis:
Approval of this Ordinance would allow the Department to be compliant with Senate Bill 481 and also continue to allow assisting agencies to use specified military equipment while assisting in the City so long as that equipment is approved by their respective board.
Senate Bill 481 states all agencies must adopt an ordinance by May 1, 2022.
Legal Review:
The City Attorney has reviewed and approved the recommended Ordinance.
Item #02
Alignment with City Council Goal(s):
Goal #4: Enhance Public Safety.
Attachments:
1) Resolution 2022-XX
2) Ordinance No. 1438
3) Military Equipment Use Policy