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5/10/2022 4:06:25 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2022
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Ord 2022-006 PP Military Equipment Funding, Acquisition and Use Policy Second Reading
(Approved by)
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Ordinance No. XXX-XX <br />An Ordinance of the City of San Leandro City Council Approving And Adopting A Military <br />Equipment Funding, Acquisition and Use Policy And Adding Chapter 4-42 “Military <br />Equipment Funding, Acquisition, and Use Policy” To Title 4. “Public Welfare” Of The <br />Municipal Code In Compliance With Assembly Bill 481 <br />WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law <br />Assembly Bill 481 relating to the use of military equipment by California law enforcement <br />agencies; and <br />WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an <br />opportunity for meaningful public input on decisions regarding whether and how military <br />equipment is funded, acquired, or used by law enforcement agencies; and <br />WHEREAS, Assembly Bill 481, codified at California Government Code section 7070 <br />et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, <br />by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant <br />to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of <br />military equipment. The term “military equipment” is defined in California Government Code <br />section 7070 subdivision (c); and <br />WHEREAS, the San Leandro Police Department is in possession of certain items of <br />equipment that may qualify as “military equipment” under Assembly Bill 481; and <br />WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and <br />using such qualifying equipment prepare a publicly released, written, military equipment use <br />policy. The policy must be a document covering the inventory, description, purpose, use, <br />acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, <br />applicable to the Department’s use of such equipment; and <br />WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the <br />military equipment use policy for continued or future funding, acquisition, or use of military <br />equipment within its jurisdiction only if it makes the determinations specified in Government <br />Code Section 7071 subdivision (d); and <br />WHEREAS, the military equipment use policy and supporting information must, upon <br />adoption by ordinance, thereafter be approved by the City Council by ordinance and reviewed <br />annually; and <br />WHEREAS, the proposed military equipment use policy, including military equipment <br />inventory, was prepared by the San Leandro Police Department and identified as “SLPD Policy <br />707 – Military Equipment Funding, Ac quisition and Use Policy” (“Policy 707”); and <br />WHEREAS, the San Leandro Police Department’s Policy 707 was published on the San <br />Leandro Police Department’s Internet website on March 31, 2022 in compliance with <br />Government Code Section 7071 subdivision (b); and
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