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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 military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

                     If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

                     Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

 

Each agency must submit an annual military equipment report to the governing body detailing the equipment used in the preceding year.  This annual report must include a summary of how the equipment was used, a summary of complaints received, the result of any internal audit and actions taken in response, the total annual cost and the quantity possessed of each type of military equipment, and any additional equipment the agency intends to acquire in the next year.  Each year, the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above and vote on whether to renew it according to Government Code Section 7071(e)(2).

Additionally, APD will send a notification of the use of military equipment pursuant to Policy 358, Major Incident Notification.  After City Council is notified, APD will ensure that a summary of each use of 481 equipment is published on the Department's website within 60 days.  Still, any or all notifications might be extended to protect the integrity of a criminal or administrative investigation.  

ALTERNATIVES

 

                     Adopt the Military Equipment Use Policy;

                     Revise the Military Equipment Use Policy

                     Do not approve the Military Equipment Use Policy.

 

FINANCIAL IMPACT

 

There is no financial impact from establishing the proposed Military Equipment policy and ordinance.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

This action is consistent with the Alameda Municipal Code.

 

ENVIRONMENTAL REVIEW

 

This action is not a project for the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b) (3), as there is no possibility that this action may have a significant effect on the environment.

 

CLIMATE IMPACT

 

There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.

 

 

RECOMMENDATION

 

Introduce an Ordinance adopting a Military Equipment Use Policy for the Alameda Police Department

 

Respectfully submitted,

Nishant Joshi, Chief of Police

 

By,

Matt McMullen, Police Captain

 

Financial Impact section reviewed,

Margaret O’Brien, Finance Director

 

Exhibit:

1.  Military Equipment Draft Policy

 

cc:                     Dirk Brazil, Interim City Manager