REPORT TO CITY COUNCIL
SUBJECT
Title
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the approval of the purchase of military equipment. Assembly Bill (AB 481, Assembly Member David Chiu, Democrat, San Francisco) (Attachment 1) codified law enforcement's acquisition, use, and funding of "military equipment."
In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public's right to participate in any government agency's decision to fund, acquire, or use such equipment. Furthermore, the State legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, civil liberties, and public input.
The bill required law enforcement agencies seeking to continue use of military equipment acquired prior to January 1, 2022 to accomplish the following by May 1, 2022:
* Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment;
* Seek approval of the policy from their governing body by Ordinance before acquiring new military equipment or se...
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