TO: Board of Supervisors
FROM: Oscar Ortiz - Sheriff-Coroner
REPORT BY: Rollie Soria, Staff Services Analyst II
SUBJECT: AB 481 Ordinance
RECOMMENDATION
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PUBLIC HEARING 9:00 AM
Sheriff requests the following actions regarding California State Assembly Bill 481:
1. Introduction and intention to adopt an ordinance approving a military equipment use policy of the Sheriff’s Office, as required by AB 481; and
2. Approval of and authorization for continued use of certain law enforcement equipment, acquired prior to January 1, 2022, which by definition of AB 481, now qualifies as military equipment.
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EXECUTIVE SUMMARY
In accordance with Assembly Bill 481 (AB 481), Sheriff’s Office is seeking approval to adopt a military equipment use policy by ordinance and for the continued use of certain law enforcement equipment acquired prior to January 1, 2022. If approved, the Sheriff’s Office will provide an annual military equipment report to the Board of Supervisors and public, as required by AB 481.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
N/A |
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Is it Mandatory or Discretionary? |
Mandatory |
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Discretionary Justification: |
N/A |
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Is the general fund affected? |
No |
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Future fiscal impact: |
N/A |
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Consequences if not approved: |
If not approved, the Sheriff’s Office would be out of compliance with AB 481. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
California State Assembly Bill 481 (AB 481) was authored by Assemblymember David Chiu (D-San Francisco) to address funding, acquisition and use of certain law enforcement equipment, which by definition of this law, now qualifies as military equipment. The intent of AB 481 stems from the Department of Defense Law Enforcement Support 1033 Program (1033 Program), which transfers military equipment to non-military law enforcement agencies. The Sheriff’s Office does not participate in the 1033 Program. The legislation, however, also creates more transparency, oversight and accountability in the use and acquisition of other law enforcement equipment that could now be described as “military equipment” by language in AB 481. Governor Gavin Newsom signed AB 481 into law on September 30, 2021.
AB 481 requires California law enforcement agencies, including Napa County Sheriff’s Office, to obtain applicable governing body approval of a military equipment use policy by ordinance. In addition, AB 481 requires law enforcement agencies to seek approval for continued use of any qualifying equipment acquired prior to January 1, 2022. In addition, thirty (30) days prior to this public meeting, Sheriff’s Office posted the following documents to its public-facing website: Policy 706 Military Equipment and AB 481 Equipment Report, both of which are attached to this board letter.
Since the language of AB 481 appears to extend beyond the 1033 Program, law enforcement agencies across California are trying to interpret what qualifies for the reporting requirement and what is law enforcement equipment. The United States military, for example, utilizes handcuffs but handcuffs are universally recognized as a piece of law enforcement equipment. Several agencies, including the Sheriff’s Office, are taking the position that it is better to “over report” and be fully transparent on all equipment and related use policies, even though all the equipment available to the Sheriff’s Office and its specialized units is law enforcement equipment for public safety purposes.
In accordance with AB 481, Sheriff’s Office is now seeking to adopt an ordinance approving a military equipment use policy and for the continued use of applicable equipment acquired prior to January 1, 2022. If approved, Sheriff’s Office will provide an annual military equipment report to the Board of Supervisors and public.