To: Board of Supervisors
From: County Counsel and Sheriff-Coroner
Meeting Date: September 12, 2023
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Department Contact: |
Brina Blanton |
Phone: |
707-234-6885 |
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Department Contact: |
Matt Kendall |
Phone: |
707-463-4411 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of an Uncodified Ordinance Adopting the Mendocino County Sheriff’s Office Military Equipment Use Policy Pursuant to AB 481 and Review of Military Equipment Annual Report
End
Recommended Action/Motion:
recommendation
Adopt an uncodified ordinance adopting the Mendocino County Sheriff’s Office Military Equipment Use Policy pursuant to AB 481; review military equipment annual report; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
An ordinance adopting the Mendocino County Sheriff’s Office Military Equipment Use Policy Pursuant to AB 481, Ordinance No. 4511, was originally adopted on August 16, 2022. On August 29th, 2023, the Introduction and Waive first reading of the ordinance took place.
Summary of Request:
On September 30, 2021, AB 481 was signed into law. This bill requires California law enforcement agencies to obtain approval of their applicable governing body, by adoption of a miliary equipment use policy, prior to taking certain actions relating to the funding, acquisition, and/or use of military equipment. AB 481 further requires that California law enforcement agencies that receive approval for a military equipment use policy submit to the applicable governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval and annually thereafter so long as the military equipment is available for use.
Pursuant to AB 481, in order to approve the policy, the Board must determine that:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) 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.
In determining whether to renew the ordinance the Board must determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above.
An ordinance required by AB 481 was adopted on August 16, 2022, Ordinance No. 4511. AB 481 requires that the ordinance adopting a military equipment use policy be reviewed and renewed on an annual basis. The proposed ordinance is a renewal of Ordinance No. 4511.
The proposed ordinance renewal adopts a miliary equipment use policy as required by AB 481, with an updated inventory list of military equipment, as defined in AB 418, currently used by the Sheriff’s Office.
Additionally, AB 481 requires a law enforcement agency to submit an annual report for each type of military equipment approved by the governing body, within one year of approval. The Sheriff’s Office’s annual report is combined with the updated inventory attached to the military equipment use policy and included with this item for review.
Alternative Action/Motion:
1. Direct staff to make changes to the proposed ordinance.
2. Do not adopt the proposed ordinance.
Does This Item Support the General Plan? N/A
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: <https://mendocinosheriff.org/sb-481-materials-2/>
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: No |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: September 13, 2023 |
Executed Item Type: Ordinance Number: 4525 |
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