City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 08/09/2022
Subject: Military Equipment Usage Policy
RECOMMENDED ACTION:
This resolution approves and adopts the Military Equipment Use Policy.
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.
FISCAL IMPACT:
None.
Attachments:
1. Military-Equipment-Policy
RESOLUTION NO. 22-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING AND ADOPTING THE MILITARY
EQUIPMENT USE POLICY OF THE RIPON POLICE
DEPARTMENT PURSUANT TO SECTION 7071 OF THE
GOVERNMENT 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 annually present its Military Equipment Use Policy for approval to 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 Department has submitted a proposed policy for City Council approval as required under Section 7071 of the Government Code, which demonstrates that the military equipment the Department uses is necessary because there is no reasonable alternative to achieve the same objective of officer and civilian safety, the policy safeguards the public’s welfare, safety, civil rights, and civil liberties, and the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; 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 the proposed policy was introduced and presented for approval and adoption, including any supporting reports by City Staff, and any information provided during said meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish a factual basis for the City Council’s adoption of this Resolution.
2. The City Council approves and adopts the Ripon Police Department’s Military Equipment Use Policy as proposed and makes the following findings:
a. The military equipment in use by the Ripon Police Department is necessary as there are no reasonable alternatives that can achieve the same objective of officer and civilian safety;
b. The proposed military equipment use policy safeguards the public’s welfare, safety, civil rights, and civil liberties; and
c. The military equipment in use is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
3. The proposed Military Equipment Use Policy is hereby incorporated into the City’s Military Equipment Use Policy ordinance.
4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of August, 2022, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk