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.” Upon approval of an agency’s military equipment use policy, the agency must, thereafter, prepare an annual military equipment use report which must be published to the City’s website as well as hold at least one well publicized and conveniently located community engagement meeting at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, and use of military equipment. The annual report required by Assembly Bill 481 must include a summary of each type of military equipment owned or used by the agency, its intended purpose, how each type of equipment was used by the agency in the preceding year, a summary of any complaints received by the agency concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type of equipment, and the quantity possessed by the agency.

In addition to the required annual report, AB 481 requires each agency’s governing body to review any ordinance it has approved which adopts a military equipment use policy and to vote on whether to renew the ordinance. The governing body may choose whether to renew the ordinance, disapprove authorization for use of equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets the standards set forth in California Government Code section 7071(d).

On June 14, 2022, the City Council adopted Ordinance No. 2935 approving  Garden Grove Police Department General Order 2.29 [Military Equipment]. Pursuant to California Government Code section 7072, the Garden Grove Police Department has prepared an annual report which reflects the following for the preceding calendar year:

1. A summary of how military equipment was used and the purpose of its use;
2. A summary of any complaints or concerns received concerning the military equipment;
3. The results of any internal audits, any information about violations of  the military equipment use policy, and any actions taken in response;
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and form what source funds will be provided for the military equipment in the calendar following submission of the annual report;
5. The quantity possessed for each type of military equipment; and
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

A copy of the Garden Grove Police Department’s Annual Military Equipment Use Report for the period from June 2022 to September 2023 is attached hereto as Attachment 1 (hereinafter the “Annual Report”). The Annual Report has been posted on the City’s website, and in accordance with the provisions of AB 481, the Department will publicize and conduct a community engagement meeting regarding the Department’s use of “military equipment” at a date, time and place to be published as appropriate.

On June 14, 2022, the City adopted Ordinance No. 2935 (Attachment 2) which approved the Garden Grove Police Department’s Military Equipment Policy identified as General Order 2.29.  Due to the migration of the Police Department’s policies to the Lexipol system, the Department’s Military Equipment Policy will now be identified as Policy No. 706.  Apart from the change in numbering and the update of the specific military equipment in possession of the Department for the relevant period, Policy 706 is substantively the same as General Order 2.29; however, because Ordinance No. 2935 specifies approval of Garden Grove Police Department General Order 2.29, an Ordinance is required to be introduced and adopted to reflect Policy No. 706 (Attachment 4). Pursuant to Government Code section 7071, subsection (c), consideration of an ordinance approving a military equipment use policy must take place as an agenda item for an open session of a regular city council meeting which provides an opportunity for public comment.  Upon adoption, this ordinance will replace Ordinance No. 2935.

It is recommended that the City Council:

• Receive and file the Garden Grove Police Department Military Equipment Annual Report for the year 2023; and

• Introduce the Ordinance adopting the Military Equipment Use Policy and rescinding Ordinance No. 2935.

By: Vince Vaicaro, Lieutenant