BACKGROUND
Brief History of AB 481
Assembly Bill 481 (“AB 481”), signed by Governor Newsom in September 2021, required that law enforcement agencies obtain approval from the agency’s governing body (here, the City Council) prior to purchasing or acquiring military equipment, using military equipment, and/or collaborating with other law enforcement agencies in the deployment or use of military equipment within the governing body’s territorial jurisdiction.
Such approval by the City Council was required to be in the form of an Ordinance, adopting a publicly released, written military equipment policy. AB 481 also required that the military equipment policy address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use the equipment, the mechanisms in place to ensure policy compliance, and the procedures by which the public may submit complaints. To adopt such an Ordinance, the City Council was also required to make the following findings:
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.
City’s Original Adoption of Military Equipment Policy
At its March 1, 2022 meeting, the City Council was presented with Ordinance 6463, which included the findings required by AB 481 and, if adopted, would approve and adopt a Military Equipment policy for the Roseville Police Department. The City Council elected to move forward with the Military Equipment Policy and introduced Ordinance 6463 for first reading that evening. At its March 15, 2022 meeting, the City Council completed the second reading and adopted Ordinance 6463, thereby approving and adopting Roseville Police Department Policy No. 706, titled “Military Equipment”.
Annual Review and Renewal of Military Equipment Policy
AB 481 further requires that the City Council review any ordinance adopted pursuant to AB 481 at least annually, and to vote on whether to “renew” the ordinance. In making this decision, the City Council is required to determine whether each type of military equipment owned by the City complied with the findings originally made during adoption of the ordinance. This determination is to be based on an annual “report” prepared by the Police Department that includes at least the following information for each type of military equipment approved for use:
A. A summary of how the military equipment was used and the purpose of its use.
B. A summary of any complaints or concerns received concerning the military equipment.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
E. The quantity possessed for each type of military equipment.
F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
This annual report must also be made publicly available on the Police Department’s website, and the Department must 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 Department’s funding, acquisition, or use of military equipment.
Prior Renewals
The City’s Military Equipment policy for the Roseville Police Department was renewed for the first time in 2023. The Roseville Police Department prepared an Annual Report that covered the initial reporting period of April 16, 2022 (the day the Department’s Military Equipment Policy first became effective) to December 31, 2022. The Report included all of the information required by AB 481, was published on the Department’s webpage, and the Roseville Police Department held the requisite community engagement meeting. In March 2023, the City Council introduced and thereafter approved an uncodified ordinance readopting and continuing the Roseville Police Department’s Military Equipment Policy.
Roseville Police Department Annual Report & Current Renewal of the Military Equipment Policy
The Roseville Police Department has prepared an Annual Report that covers the reporting period of January 1, 2023 to December 31, 2023. The Report, attached herewith, includes all of the information required by AB 481 and was published on the Department’s webpage on February 13, 2024. The Roseville Police Department also held a community engagement meeting on February 20, 2024, at 6:00 p.m. at the Roseville Police Department. The general public was invited to attend the meeting to discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment. Notice of the meeting was published on the City’s main webpage, the City events calendar, and the City’s and Police Department’s social media pages. Two members of the community attended the meeting and expressed support for the Department’s Military Equipment Policy.
Council Action to Renew the Ordinance and Military Equipment Policy
As noted above, AB 481 requires that the City Council “review” the military equipment ordinance, annual report, and policy, and make a determination as to whether the type of military equipment included in the policy has complied with the standards of approval originally adopted by Council. If determined to comply, the governing body can “vote to renew the ordinance” and the corresponding Military Equipment Policy. Because “renewal” of an ordinance is not a traditional City action, it is recommended that Council adopt a new uncodified ordinance making all relevant findings, renewing Ordinance 6463, and readopting and continuing the Roseville Police Department’s Military Equipment Policy. No substantive changes are being made to the Military Equipment Policy. Copies of the proposed ordinance and Roseville Police Department Policy No. 706, titled “Military Equipment”, are attached.
It is recommended that Council introduce for first reading an uncodified ordinance renewing Ordinance 6463 and readopting and continuing Roseville Police Department Policy No. 706, titled “Military Equipment”, which will allow for the continued use of “military equipment” as defined by Government Code section 7070.