File #: 24-490    Version: 1 Name:
Type: Public Hearing Item Status: Agenda Ready
File created: 5/14/2024 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 7/1/2024 Final action:
Title: SUBJECT: Introduction and Waiving of First Reading of Ordinance Adopting Police Department's Military Equipment Policy REPORT IN BRIEF Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy by ordinance prior to taking certain actions relating to the funding, acquisition, or use of military equipment. RECOMMENDATION City Council - Introduce and waive first reading: A. Hold public hearing on Ordinance Adopting Police Department's Military Equipment Policy; and, B. Introducing and Waiving of First Reading of Ordinance 2566, an Ordinance of the City Council of the City of Merced, California, Adopting a Military Equipment Use Police, Otherwise Referred to Herein as a Specialized Police Equipment Use Policy, Pursuant to Assembly Bill 481 and Government Code Sections 7070, Et Seq.; and, C. Authorizing all actions necessary to i...
Attachments: 1. Ordinance 2566, 2. Assembly Bill 481
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Report Prepared by: Craig J. Cornwell City Attorney

Title
SUBJECT: Introduction and Waiving of First Reading of Ordinance Adopting Police Department's Military Equipment Policy

REPORT IN BRIEF
Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy by ordinance prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

RECOMMENDATION
City Council - Introduce and waive first reading:

A. Hold public hearing on Ordinance Adopting Police Department's Military Equipment Policy; and,

B. Introducing and Waiving of First Reading of Ordinance 2566, an Ordinance of the City Council of the City of Merced, California, Adopting a Military Equipment Use Police, Otherwise Referred to Herein as a Specialized Police Equipment Use Policy, Pursuant to Assembly Bill 481 and Government Code Sections 7070, Et Seq.; and,

C. Authorizing all actions necessary to implement the Police Department's Military Equipment Policy Ordinance.

Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to conditions other than as recommended by staff; or
3. Deny; or
4. Continue to a future meeting.

AUTHORITY
Assembly Bill 481.

CITY COUNCIL PRIORITIES
As provided for in the 2024-25 Adopted Budget.

DISCUSSION
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481 (Attachment 3), which went into effect on January 1, 2022, and added California Government Code sections 7070 through 7075 relating to the funding, acquisition, and use of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adopti...

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