TO: Board of Supervisors
FROM: Sheryl Bratton - County Counsel
REPORT BY: Silva Darbinian, Deputy
SUBJECT: Ordinance Reviewing and Approving Previously Adopted Ordinance No. 1476 Relating to the Sheriff’s Office Military Equipment Use Policy Pursuant to AB 481
RECOMMENDATION
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Adopt an Ordinance Reviewing and Approving Previously Adopted Ordinance No. 1476 Relating to the Sheriff’s Office Military Equipment Use Policy, Pursuant to AB 481. (No Fiscal Impact)
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BACKGROUND
On May 7, 2024, the Board of Supervisors introduced an ordinance reviewing and approving previously adopted Ordinance No. 1476 as it relates to the Sheriff’s Office military equipment use policy, pursuant to AB 481. A summary of this ordinance was published in the Napa Valley Register, a newspaper of general circulation published in Napa County, at least once five days prior to the introduction. At the conclusion of public comment, the Board voted its intent to adopt the proposed ordinance. This consent calendar item requests that the Board take final action adopting the ordinance.
California State Assembly Bill 481 (AB 481) was authored by Assembly member David Chiu (D-San Francisco) to address funding, acquisition, and use of certain law enforcement equipment. The intent of AB 481 stems from the Department of Defense Law Enforcement Support 1033 Program (1033 Program), which transfers military 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 added AB 481 into law on September 30, 2021.
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 continued use of any qualifying equipment acquired prior to January 1, 2022. On April 19, 2022, the Board of Supervisors conducted a first reading of Ordinance No. 1476, approving the Sheriff’s Office military equipment 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. The Policy is available to the public on the Sheriff’s Office website and has continuously been made available since March 21, 2022.
AB 481 also requires the Board of Supervisors to annually review Ordinance No. 1476 approving the funding, acquisition, or use of military equipment policy and to vote on whether the Ordinance should be renewed. (Government Code Section 7071(e)(1).)
The proposed ordinance, if adopted, will reaffirm Ordinance No.1476 adopting the Military Equipment Use Policy and will make certain findings, including approving the continued use of certain law enforcement equipment.
Since the language of AB 481 appears to extend beyond the 1033 Program, law enforcement agencies across California must interpret what qualifies for the reporting requirement and what is law enforcement equipment. The Unities States military, for example, uses 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 the equipment available to the Sheriff’s Office and its specialized units is law enforcement equipment for public safety purposes.
PROCEDURAL REQUIREMENTS:
1. Staff reports.
2. Public comments.
3. Close Public Hearing.
4. Motion, second, discussion and vote adoption of the ordinance.
FISCAL & STRATEGIC PLAN 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 Guidelines) and there for CEQA is not applicable.