REPORT TO COUNCIL
SUBJECT
Title
Action to 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
EXECUTIVE SUMMARY
This report presents the annual review of the Police Department's Military Equipment Use Policy required under California Assembly Bill 481 (AB 481), including a summary of military equipment inventory, use, costs, compliance, and community input during the reporting period.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed AB 481, establishing enhanced transparency, accountability, and public oversight requirements related to the funding, acquisition, and use of certain law enforcement equipment defined in the bill as "military equipment" under California Government Code sections 7070-7072. AB 481 requires law enforcement agencies to obtain annual approval from their governing body prior to the acquisition or use of military equipment and to adopt a publicly available Military Equipment Use Policy.
Prior to the enactment of AB 481, decisions regarding the acquisition of equipment were presented to the City Council either at a high level through the regular budget process or, when warranted by factors such as cost or funding source, through a more detailed Report to City Council. In all cases, procurement followed the City's established purchasing procedures and/or applicable grant requirements.
With the adoption of the Police Department's Military Equipment Policy (Police Department Policy 706), this prior practice is superseded for items classified as Military Equipment, as defined under State law. For such items, approval must be obtained from the City Council through the annual AB 481 review process before the City proceeds with procurement under its purchasing procedures and/or applicable grant requirements ...
Click here for full text