| | | | | | | | Agenda Item - 2.i.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
| To: | Scott C. Stiles
| From: | Omar Sandoval
| | Dept.: | City Manager
| Dept.: | City Attorney
| | Subject: | Receive and file a Military Equipment Use Policy. (Action Item) | Date: | 4/12/2022 |
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| | | | | | | | OBJECTIVE
To provide a proposed Military Equipment Use Policy drafted for the Garden Grove Police Department (“Department”), and to obtain direction for staff to post the proposed policy on the Department’s website and add an agenda item for a future public hearing before the City Council which is at least thirty (30) days from today’s date for consideration of adoption of an ordinance approving the proposed policy. |
| | | | | | | | BACKGROUND
Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any equipment defined by the Government Code as “military equipment.” For military equipment purchased or within the possession of a law enforcement agency prior to January 1, 2022, a law enforcement agency’s continued use of such equipment may continue provided that a military equipment use policy is presented to the governing body by May 1, 2022, and thereafter approved by the governing body within 180 days of such presentation.
The Department is in possession of and uses equipment which meets the Government Code’s definition of “military equipment.” Accordingly, the Department has drafted a proposed military equipment use policy which meets the requirements of Government Code section 7070(d) for presentation to the City Council. This proposed policy would govern the use of military equipment by the Department and includes the following as required by the Government Code:
- A description of the type of military equipment within the possession of, or sought to be acquired by, the Department;
- The purposes and authorized uses of military equipment identified in the policy;
- The fiscal impact of each type of military equipment identified by the policy;
- The legal and procedural rules that govern authorized use of the military equipment identified by the policy;
- The required training by members of the Department that must be completed prior to use of the military equipment identified by the policy;
- The mechanisms to ensure compliance with the policy; and
- Procedures by which a member of the public can register complaints or concerns, or submit questions about the use of each type of military equipment identified by the policy, as well as how the Department will ensure that each complaint, concern, or question will be addressed in a timely manner.
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| | | | | | | | DISCUSSION
Government Code section 7071(a)(2) provides that no later than May 1, 2022, a law enforcement agency seeking to continue use of military equipment acquired prior to January 1, 2022, must “commence a governing body approval process….” The process defined by section 7071 requires the Department to submit a proposed military equipment use policy to the City Council and to post that policy on the Department’s website for a period of at least 30 days prior to any public hearing by the City Council regarding the policy. Government Code section 7071(c) requires the City Council to consider any proposed military equipment use policy as an agenda item for an open session of a regular meeting and to provide for public comment regarding the policy.
Because the Government Code requires that any proposed military equipment use policy be posted on the Department’s website for at least 30 days prior to any public hearing, the City Council is not being asked to consider the policy itself at this time. Instead, the policy is simply being submitted to Council as required by the Government Code such that the Council can consider whether or not to adopt the policy at a later regular meeting. |
| | | | | | | | FINANCIAL IMPACT
At this time, there is only minimal financial impact associated with posting the proposed military equipment use policy on the Department’s website. |
| | | | | | | | RECOMMENDATION
It is recommended that the City Council:
- Receive and file the attached draft Military Equipment Use Policy; and
- Direct staff to post the attached draft Military Equipment use Policy on the Department’s website pending further consideration of the policy by the City Council; and
- Direct Staff to add an agenda item for public hearing that is at least thirty (30) days from today’s date to consider adoption of an ordinance approving the draft Military Equipment Use Policy.
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