City Council submission and approval.
(A) The Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with § 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to § 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this division.
(B) Submission to City Council.
(1) When seeking the review and approval of the City Council, the Police Department shall submit to the City Council a Military Equipment Use Policy.
(2) In order to facilitate public participation, a Military Equipment Use Policy shall be made publicly available on the department's website at least 30 days prior to any public hearing concerning the military equipment at issue.
(3) The City Council shall consider a proposed Military Equipment Use Policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with § 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable.
(4) (a) The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. 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.
(b) In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the police department's website for as long as the military equipment is available for use.
(c) (1) The City Council shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to
division (B), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley- Keene Open Meeting Act (Article 9 (commencing with § 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable.
(c) (2) The City Council shall determine, based on the Military Equipment Use Policy, whether each type of military equipment identified in that report has complied with the standards for approval set forth in division (B)(4)(a). If the City Council determines that a type of military equipment identified in that Military Equipment Use Policy has not complied with the standards for approval set forth in division (B)(4)(a), the City Council shall either deny the authorization for that type of military equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
(Ord. 2022-339, passed 5-4-2022)