City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 06/14/2022
Subject: Chapter 9.42 Adoption of a Military Equipment Use Policy RECOMMENDED ACTION:
This Ordinance adds Chapter 9.42 "Adoption of a Military Equipment Use Policy" to the Ripon Municipal Code in order for the Police Department to continue using military surplus equipment.
BACKGROUND:
Prior existing federal law authorized the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
On September 9, 2021 the California Legislature passed Assembly Bill 481. The bill was then approved by Governor Newsom on September 30, 2021. AB 481 requires a law enforcement agency to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The bill also requires similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with the above-described standards for approval. The bill does not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
Assembly Bill 481 also requires an agency to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee.
DISCUSSION/ANALYSIS:
The proposed addition of Chapter 9.42 to the Ripon Municipal Code will meet the requirements of Assembly Bill 481.
FISCAL IMPACT:
None.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON ADDING CHAPTER 9.42 "ADOPTION OF A
MILITARY EQUIPMENT USE POLICY" TO THE RIPON
MUNICIPAL CODE
WHEREAS, the Ripon Police Department (“the Department”) uses military equipment as necessary tools to maintain officer and civilian safety; and WHEREAS, pursuant to Section 7070 et seq. of the Government Code, the Department must have its Military Equipment Use Policy approved by the City Council of the City of Ripon to continue its use of existing or new military equipment, request military equipment pursuant to Section 2576a of Title 10 of the United States Code, seek funds for additional military equipment, acquire military equipment either temporarily or permanently, collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council, or solicit or respond to any proposals, or enter any agreements, for any funds to receive, acquire, use, or collaborate in the use of military equipment; and
WHEREAS, the City Council approval must be through adoption of an ordinance, as required under Section 7071 of the Government Code; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council at which this ordinance was introduced and presented for adoption, including any supporting reports by City Staff, and any information provided during said meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:
SECTION 1. RECITALS. The recitals set forth above are true and correct as of the date of adoption of this Ordinance by the City Council.
SECTION 2. ADDING CHAPTER 9.42 TO THE RIPON MUNICIPAL CODE.
Title 9 of to the Ripon Municipal Code is hereby amended to add Chapter 9.42 to read in full as follows:
Chapter 9.42
Adoption of a Military Equipment Use Policy
Sections:
9.42.010 Adoption of a Military Equipment Use Policy
9.42.020 Requirements for Renewal of Policy
9.42.030 Public Participation
9.42.010 Adoption of a Military Equipment Use Policy
On an annual basis, the Ripon Police Department (“the Department”) shall obtain approval from the City Council to adopt and use a “Military Equipment Use Policy,” as that phrase is defined under Section 7070, subdivision (d) of the Government Code, as may be subsequently amended.
Approval shall be documented in a resolution.
9.42.020 Requirements for Renewal of Policy
The City Council shall approve the Department’s proposed Military Equipment Use Policy, or its renewal, at one of its regular meetings in open session at which public comment is provided in accordance with the Ralph M. Brown Act (Section 54950 et seq. of the Government Code) only upon finding that the proposed policy and any previous use of military equipment, as documented in the Department’s military equipment report, as applicable, meets the standards set forth in Section 7071, subdivision (d) of the Government Code, as may be subsequently amended. Any findings regarding the use of military equipment shall be based solely on the Department’s annual military equipment report, as required under Section 7072 of the Government Code. In the event a renewed policy fails to satisfy these requirements, the City Council may either disapprove renewal of the policy or require modifications of the policy to resolve any lack of compliance.
9.42.030 Public Participation
A. At least thirty (30) days prior to seeking approval of the proposed policy or its renewal, the Department shall post the proposed Military Equipment Use Policy on its website and ensure it is publicly available. Said policy shall remain on the Department’s website once approved until repealed or amended.
B. Prior to renewal of the Military Equipment Use Policy, the Department shall prepare and submit to the City Council a military equipment report pursuant to Section 7072 of the Government Code, as may be subsequently amended. Prior to submission, said report shall be made publicly available and the Department shall hold at least one (1) well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions of the Department regarding the military equipment report and the Department’s funding, acquisition, or use of military equipment.
SECTION 3. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 5. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 7. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of June, 2022, by the following vote:
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk