HomeMy WebLinkAboutO-1712 adopting a Military Equipment Use PolicyO 1712
ORDINANCE NO. 1712 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE
POLICY
WHEREAS, On September 30, 2021, Governor Gavin Newsome signed into law
Assembly Bill 481, codified at California Government Code sections 7070 through 7075,
relating to the use of military equipment by law enforcement agencies ; and
WHEREAS, Assembly Bill 481 requires law enforcement agencies to obtain
approval of the applicable governing body, by an ordinance adopting a military equipment
use policy at a regular meeting of the governing body held pursuant to applicable
California open meeting laws, before a law enforcement agency can take certain actions
related to the acquisition, funding, deployment, or other use of military equipment. The
term “military equipment” is defined in California Government Code section 7070(c); and
WHEREAS, Assembly Bill 481 allows the applicable governing body to approve a
military equipment use policy, and the acquisition, funding, deployment, or other use of
military equipment by law enforcement within its jurisdiction as provided in the policy, only
if the governing body makes specified determinations as provided in California
Government Code section 7071(d)(1); and
WHEREAS, certain approved military equipment, used by law enforcement in an
authorized manner, can assist law enforcement to accomplish its fundamental mission to
safeguard the public welfare, safety, civil rights, and civil liberties of the community it
serves; and
WHEREAS, the San Luis Obispo Police Department does not currently have, and
has not had in the past, a military equipment use policy; and
WHEREAS, The San Luis Obispo Police Department has proposed a military
equipment use policy (“Proposed Policy”), pursuant to California Government Code
sections 7070 through 7075, which, if approved, will be included in San Luis Obispo Police
Department Policy Manual as Policy No. 709; and
WHEREAS, in accordance with California Government Code section s 7071(a)(2)
and 7071(b), on March 18, 2022 the San Luis Obispo Police Department submitted the
Proposed Policy to the Council of the City of San Luis Obispo City (“Council”), the
governing body with oversight authority over the San Luis Obispo Police Department
budget, and, further, on the same date, published the Proposed Policy for public review
on the San Luis Obispo Police Department internet website and the City of San Luis
Obispo internet website; and
DocuSign Envelope ID: A18343F3-A87D-44D6-BC5C-6437F580124E
Ordinance No. 1712 (2022 Series) Page 2
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings and Determinations. The Council hereby finds, declares
and determines the following:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. Based on the information provide to Council at the public meeting to consider
the Proposed Policy, including, but not limited to, the Proposed Policy, the City
staff report, staff input provided at the meeting, all public comments and input
provided at the meeting, all agenda correspondence, and all written
submissions provided to Council in advance of or at the meeting, Council finds
and determines as follows:
a. The military equipment identified in the Proposed Policy is necessary
because there are no reasonable alternatives that can achieve the same
objective of officer, civilian and community safety;
b. The Proposed Policy will safeguard the public’s welfare, safety, civil rights,
and civil liberties; and
c. The military equipment to be purchased, as identified in the Proposed
Policy, is reasonably cost effective compared to available alternatives that
can achieve the same objective of officer, civilian and community safety.
SECTION 2. Adoption of Policy. Based on the above Findings and
Determinations, the Proposed Policy is approved and adopted as San Luis Obispo Police
Department Policy No. 709. The San Luis Obispo Chief of Police shall have authority,
without further Council action, to amend the Policy to the extent necessary to clarify the
Policy or to comply with subsequent changes in the law, to the extent such amendments
do not require Council action.
SECTION 3. Publication. Within fifteen (15) days after its passage, the City Clerk
shall cause a summary of this ordinance to be published at least once, with the names of
those city council members voting for and against the ordinance, in a newspaper of
general circulation published and circulated in the city.
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Ordinance No. 1712 (2022 Series) Page 3
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SECTION 4. Severability. If any provision of this Ordinance is held invalid by a
court of competent jurisdiction, such provision shall be considered a separate, distinct,
and independent provision and such holding shall not affect the validity and enforceability
of the other provisions of this Ordinance.
INTRODUCED on the 19th day of April 2022, AND ADOPTED by the Council of
the City of San Luis Obispo on the 3rd day of May 2022, on the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
__________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on _____________________.
__________________________
Teresa Purrington
City Clerk
DocuSign Envelope ID: A18343F3-A87D-44D6-BC5C-6437F580124E
5/9/2022 | 6:01 PM PDT