CITY OF POMONA
COUNCIL REPORT
May 15, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Michael Ellis, Chief of Police
SUBJECT: RECEIVE AND FILE ANNUAL MILITARY EQUIPMENT USE REPORT AS REQUIRED BY ASSEMBLY BILL (AB) 481 RECOMMENDATION:
It is recommended that the City Council receive and file the annual military equipment use report as required by AB 481 for Fiscal Year 2022-23 EXECUTIVE SUMMARY:
Assembly Bill 481 ("AB 481") went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy ("policy") before purchasing, using, raising funds for, or acquiring new military equipment.
FISCAL IMPACT:
No Fiscal Impact at this time.
PUBLIC NOTICING REQUIREMENTS:
On March 23, 2023, a community meeting was held at Washington Park to give members of the public the opportunity to ask questions and discuss the annual military equipment report and also the agency's use of military equipment, funding, and acquisition.
DISCUSSION:
On September 30, 2021, Governor Gavin Newsom signed into law AB 481, which added Chapter 12.8, "Funding, Acquisition and Use of Military Equipment," to Division 7 of Title 1 of the Government Code (Sections 7070 – 7075). This new legislation relates to the use of military equipment by California law enforcement agencies. It provides transparency and oversight along with public input on the decisions of how military equipment is funded, acquired, or used by these same agencies.
In addition to hosting the military equipment use policy on the law enforcement agency's website, each agency must submit an annual military equipment report to the governing body detailing the equipment used in the preceding year. This report must include a summary of how the equipment was used, a summary of complaints received, the result of any internal audit and actions taken in response, the total annual cost and the quantity possessed of each type of military equipment, and any additional equipment the agency intends to acquire in the next year. Each year the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above and vote on whether to renew it, in accordance with Government Code Section 7071(e)(2).
Each submittal and public release of an annual military equipment report requires law enforcement agencies to "hold at least one well-publicized and conveniently located community engagement meeting," as described in Government Code Section 7072 (b). The Pomona Police department held a community meeting March 23, 2023 giving members of the public the opportunity to ask questions and discuss the annual military equipment report and also the agency's use of military equipment, funding, and acquisition.
At this time, The Pomona Police Department does not intend to acquire additional types of military equipment however, future attempts to obtain new equipment will adhere to procedures set forth in the Government Code and our Military Equipment Policy. Purchases for fiscal year 22-23 only included replacement of existing inventory and ammunition (needed to be replenished after being used in either the field and/or for training purposes). Our Department inventory and all costs associated with the use of this equipment is consistent with our Military Equipment inventory list, policy, and department budget, previously approved by Council. It should be noted, these operating costs are good faith estimates and are subject to changes made by vendors and/or manufacturers based on variables such as: availability, shipping and general market increases.
Prepared by:
_____________________________
Ryan Rodriguez
Police Capitan
ATTACHMENT(S):
Attachment No. 1 – Military Equipment Report
Annual Military Equipment Use Report