REPORT TO COUNCIL
SUBJECT
Title
Public Safety Military Equipment Use Annual Report Pursuant to California Assembly Bill No. 481
Report
BACKGROUND
AB 481, a law passed in 2021, requires law enforcement agencies to obtain annual approval from the agency's governing body, in the form of an ordinance adopting a publicly released policy, prior to funding, acquiring, or using any military equipment. The term "military equipment" is broadly defined in the law (California Government Code section 7070) and includes various pieces of equipment that were already used by the Department of Public Safety (DPS) staff, such as drones, the command vehicle, battering rams, tear gas, pepper balls, armored personnel carriers, and flash bangs. DPS does not possess any equipment acquired through military surplus programs (known as 1033 Programs) that is designed for military use.
At minimum, AB 481 requires that the approved policy address the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment; the cost associated with its acquisition and continued use; the legal limitations and procedural rules that govern its use; the training required; the mechanisms in place to ensure policy compliance; and the procedures by which members of the public may file complaints. The City Council is required to make findings that the equipment is necessary, safeguards public's safety, is reasonably cost-effective, and that prior uses complied with policy.
In compliance with AB 481, DPS staff brought its proposed policy to Council on April 5, 2022 (RTC No. 22-0354). Ordinance No. 3191-22 was adopted approving the policy and took effect on May 26, 2022. Each year thereafter, staff has brought its annual report to City Council for a presentation to review and renew the policy (RTC No. 23-0438, RTC No. 24-0484, and RTC No. 25-0450).
Pursuant to California Government Code Section 7071(e)(1) and 7071(e)(2), DPS must now submit annually for City Council conside...
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