File #: 23-855    Name: Military Equipment Use Ordinance
Type: General Agenda Item Status: Criminal Justice - Consent
File created: 10/30/2023 In control: Board of Supervisors
On agenda: 11/28/2023 Final action:
Title: Adopt an ordinance approving a military equipment use policy for the District Attorney's Office pursuant to Assembly Bill 481.
Attachments: 1. Board Report, 2. Military Eqp Policy DA 2022, 3. Completed Board Order - Military Equip Use - Nov 2023, 4. Military Equipment Draft Ordinance, 5. Completed Board Order Item No. 39, 6. Ordinance No. 5409, 7. Ordinance No. 5409 - REVISED
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Title

Adopt an ordinance approving a military equipment use policy for the District Attorney’s Office pursuant to Assembly Bill 481.

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

Adopt an ordinance approving a military equipment use policy for the District Attorney’s Office pursuant to Assembly Bill 481.

 

SUMMARY:

On September 30, 2021, Governor Newsom signed into law Assembly Bill 481. AB 481 addresses the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment.” This bill requires law enforcement agencies, including the District Attorney’s Office, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.” The attached ordinance establishes a military equipment use policy by adding the attached “Military Equipment” policy to the Monterey County District Attorney’s Office Investigation Bureau Policy Manual.

 

DISCUSSION:

AB 481 requires each law enforcement agency's governing body to adopt a written military equipment use policy by ordinance in a public meeting, in order to continue the use of previously acquired military equipment. The District Attorney’s Office Draft Military Equipment Policy is attached here and is posted on the District Attorney’s website.

 

The AB 481 defined list of military equipment currently in the District Attorney Investigation Bureau’s possession is included in the draft Military Equipment Policy. In compliance with AB 481, and as a longstanding practice, the District Attorney’s Office has processes in place for the public to submit commendations, questions, concerns and complaints online or in person.

 

Also in compliance with AB 481, the District Attorney’s Office prepared an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of its policy, the cost of such use and other similar information. The Annual Report was publicly presented on October 31, 2023 and is available on their website.

 

OTHER AGENCY INVOLVEMENT:

Not applicable.

 

FINANCING:

The cost of any military equipment is allocated in the District Attorney’s budget.

 

 

 

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

 

Mark a check to the related Board of Supervisors Strategic Initiatives

 

__Economic Development

__Administration

__Health & Human Services

__Infrastructure

X Public Safety

 

 

Prepared by: Ryan McGuirk, Chief District Attorney Investigator

 

 

Approved by: Susan K. Blitch, Chief Assistant County Counsel

 

Attachments:

Board Report

Military Equipment Ordinance

District Attorney Military Equipment Use Policy

Completed Board Order Item No. 52

Ordinance No. XXXX