DATE: June 24, 2025
TO: Mayor and City Council
FROM: Acting City Manager & Chief of Police
SUBJECT
Title
Adopt a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2024 Through March 2025 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481
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RECOMMENDATION
Recommendation
That the City Council: (1) Review the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2024 through March 2025 (Attachment III); and (2) Adopt a resolution (Attachment II) renewing HPD’s Military Equipment Use Policy No. 706 (Attachment IV) and Ordinance 22-06 (Attachment V). The resolution authorizes the HPD to continue to use the equipment in its inventory (Attachment VI), in accordance with applicable law and policy, and to purchase additional and/or replacement equipment.
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SUMMARY
AB 481, which went into effect on January 1, 2022, requires California law enforcement agencies to obtain the approval of a Military Equipment Use Policy via the adoption of an Ordinance by their respective governing bodies before funding, acquiring, or using law enforcement equipment now defined under AB 481 as “military equipment.” Annually, thereafter, law enforcement agencies must submit a report to the Council on the use of Military Equipment for that year. The Council must then, on an annual basis, review the annual report submitted by law enforcement pursuant to Gov’t Code § 7071(e)(2), and approve the funding, acquisition and use of each type of military equipment. Subject to that review and approval, the Council must also vote on a resolution to renew Ordinance 22-06.
In this case, the Council adopted Ordinance 22-06, approving HPD’s Military Equipment Use Policy No. 706, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to the City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the resolution renewing Ordinance 22-06 was approved.
On June 25, 2024, the Council was presented with HPD’s Annual Military Equipment Use Report for the period of April 2023 through March 2024, as well as Ordinance No 22-06, which approved of HPD Military Equipment Use Policy No. 706. The Council approved the policy through the adoption of the ordinance at a regular meeting where public comment was allowed. In accordance with AB 481, the proposed policy was made available on HPD’s website 30 days prior to June 25, 2024.
Now, the Council is again being presented with this year’s annual Military Equipment Use Report and being asked to approve a resolution that does the following:
1. Review HPD’s Annual Military Equipment Use Report for April 2024 - March 2025.
2. Adopt a resolution renewing the HPD’s Military Equipment Use Policy No. 706.
3. Adopt a resolution renewing Ordinance 22-06, authorizing the continued use of this equipment in accordance with applicable law and policy.
4. Adopt a resolution authorizing the purchase of additional and/or replacement equipment.
Notably, if Council determines, under No. 1, that a certain type of military equipment identified in the annual Military Equipment Use Report has not complied with the standards for approval, the Council must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
Additionally, if Council does not renew Ordinance 22-06, the HPD must cease the use of all equipment defined as “military equipment,” which would be detrimental to the HPD and the safety of community members and officers alike, as explained further below.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Military Equipment Use Report
Attachment IV Military Equipment Use Policy
Attachment V Ordinance 22-06
Attachment VI Inventory List