File #: 24-666    Name: Military Equipment Use
Type: General Agenda Item Status: Criminal Justice - Consent
File created: 10/7/2024 In control: Board of Supervisors
On agenda: 11/12/2024 Final action:
Title: a. Introduce, waive first reading, and set December 3, 2024, at 10:30 a.m. as the date and time to consider adoption of an ordinance approving a military equipment use policy for the District Attorney’s Office pursuant to Assembly Bill 481. b. Provide direction to staff as appropriate. c. Receive the District Attorney’s Office Annual Report regarding military equipment.
Attachments: 1. Board Report, 2. Draft Ordinance, 3. District Attorney Military Equipment Use Policy, 4. 2023 Annual Report - Military Equipment Use Policy, 5. Completed Board Order Item No. 56
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Title
a. Introduce, waive first reading, and set December 3, 2024, at 10:30 a.m. as the date and time to consider adoption of an ordinance approving a military equipment use policy for the District Attorney’s Office pursuant to Assembly Bill 481.
b. Provide direction to staff as appropriate.
c. Receive the District Attorney’s Office Annual Report regarding military equipment.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Introduce, waive first reading, and set December 3, 2024, at 10:30 a.m. as the date and time to consider adoption of an ordinance approving a military equipment use policy for the District Attorney’s Office pursuant to Assembly Bill 481.
b. Provide direction to staff as appropriate.
c. Receive the District Attorney’s Office Annual Report regarding military equipment.

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 Military Equipment Policy is attached here and is posted on the District Attorney’s website.

The A...

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