TO: Board of Supervisors
FROM: Oscar Ortiz, Sheriff-Coroner
REPORT BY: Rollie Soria, Sheriff’s Administrative Manager
SUBJECT: Annual AB481 Use Policy and Equipment Report
RECOMMENDATION
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Adopt a Resolution reviewing and reaffirming the continued use of certain law enforcement equipment in accordance with California State Assembly Bill 481. (No Fiscal Impact)
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BACKGROUND
California State Assembly Bill 481 (AB 481) was authored by Assembly member David Chu (D-San Francisco) to address funding, acquisition and use of certain law enforcement equipment. Governor Gavin Newsom signed AB 481 into law on September 30, 2021. 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. Although the Sheriff’s Office does not participate in the 1033 Program, the specific definition of what constitutes equipment as being “military equipment” remains unclear. For example, military units often serve in environments where handcuffs are used; however, handcuffs are generally viewed as law enforcement equipment.
The legislation also creates more transparency, oversight and accountability in the use and acquisition of other law enforcement equipment that could be described as “military equipment” by language in AB 481. All equipment used by the Sheriff’s Office to provide public safety is considered law enforcement equipment. However, the Sheriff’s Office includes certain items in its AB 481 reporting when those items could reasonably be construed as “military equipment” for purposes of compliance with AB 481.
AB 481 requires California law enforcement agencies, including the Napa County Sheriff’s Office, to obtain applicable governing body approval of a military equipment use policy by ordinance and to seek approval for the continued use of any qualifying equipment acquired prior to January 1, 2022, and annually thereafter. On April 19, 2022, the Board of Supervisors conducted a first reading of Ordinance No. 1476, approving the Sheriff’s Office military use policy and authorizing the continued use of certain law enforcement equipment. A second reading and adoption of Ordinance No. 1476 occurred on May 3, 2022.
AB 481 also requires the Board of Supervisors to annually review the ordinance approving funding, acquisition, or use of military equipment and to vote on whether it should be renewed. (Government Code Section 7071(e)(1)) An annual equipment report must also be presented to the Board for review. In May 2024, the Board of Supervisors adopted Ordinance No. 1490 reviewing and reaffirming previously adopted Ordinance No. 1476 as it relates to the Sheriff’s Office military equipment use policy and approving the annual equipment report. The Board’s Ordinance No. 1490 also provided that future review and approval/disapproval of the policy may be made by resolution of the Board of Supervisors.
Requested Actions:
1. Review Ordinance No. 1476 & 1490, the Sheriff’s Office Policy 704 - Military Equipment, and the 2026 Annual Military Equipment Report.
2. Adopt the attached Resolution reaffirming the Ordinance and continuation of the Policy and authorizing the continued use of certain law enforcement equipment.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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Consequences if not approved: |
If not approved, the Sheriff’s Office would not be compliant with AB 481 and community safety could be compromised. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 1537 (State CEQA) and therefore CEQA is not applicable.