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File #: 2022-2109   
Type: Regular Agenda Item
Body: City Council
On agenda: 7/5/2022
Title: Introduction of Ordinance Adopting a Military Equipment Use Policy for the Alameda Police Department. (Police 10031100)
Attachments: 1. Exhibit 1 - Military Equipment Use, 2. Ordinance, 3. Presentation
Title
Introduction of Ordinance Adopting a Military Equipment Use Policy for the Alameda Police Department. (Police 10031100)
Body
To: Honorable Mayor and Members of the City Council

EXECUTIVE SUMMARY

Effective January 1, 2022, Assembly Bill 481 (AB 481) requires a law enforcement agency to obtain approval from its governing body to enact a military equipment use policy, by ordinance, before purchasing, using, raising funds for, or acquiring military equipment.

BACKGROUND

On May 3, 2022, City Council reviewed an Alameda Police Department (APD) draft policy and provided direction regarding additional reporting of the use of items outlined in AB 481, and staff incorporated City Council comments into the attached draft policy. APD seeks City Council review of the attached revised Military Equipment Use Policy (Exhibit 1) to allow APD to continue to use the vital equipment specified herein and allow neighboring police agencies to use military equipment in this jurisdiction when providing mutual aid during exigent circumstances. Further, APD seeks City Council approval to adopt the proposed Ordinance.

DISCUSSION

AB 481 requires the governing body that oversees a law enforcement agency to approve an ordinance adopting a military equipment use policy at a regular meeting of the governing body. Before the City Council may adopt such an ordinance, State law requires APD to first submit a proposed military equipment use policy to the City Council, which occurred on May 3, 2022. The proposed ordinance must be adopted before the law enforcement agency may request, seek funds, acquire, collaborate to deploy, or solicit a proposal for any type of military equipment. To approve the proposed military equipment use policy by ordinance, City Council is required to make the following findings:

* :
* The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and public safety.
* The proposed milita...

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