File #: LB 22-016   
Section: Legislative Business Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 6/21/2022 Final action:
Subject: Military Equipment Use Policy: Introduction of an Ordinance Approving Military Equipment Use Policy No. 706 Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment,” as Defined by Assembly Bill 481 (Report from Police Chief Chaplin)
Attachments: 1. Attachment I Staff Report, 2. Attachment II Military Equipment Use Policy 706, 3. Attachment III Ordinance, 4. Attachment IV Equipment List
Related files: CONS 22-429
DATE: June 21, 2022

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Military Equipment Use Policy: Introduction of an Ordinance Approving Military Equipment Use Policy No. 706 Regarding the Hayward Police Department's Funding, Acquisition, and Use of "Military Equipment," as Defined by Assembly Bill 481

RECOMMENDATION

That the Council introduces an Ordinance (Attachment III) approving a Military Equipment Use Policy (Attachments II and IV) regarding the Hayward Police Department's (HPD) funding, acquisition, and use of military equipment, as defined in Assembly Bill (AB) 481.

SUMMARY

On January 1, 2022, AB 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the state of California, went into effect. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as "military equipment." As the governing body for the HPD, Council is tasked with reviewing and approving, via ordinance at a public meeting, a policy consistent with the requirements in AB 481. The purpose of this staff report is to present information to the Council regarding the proposed policy, ordinance, and the relevant equipment currently in the HPD's inventory. Additionally, this staff report will highlight HPD's community engagement efforts, address some of the concerns raised, and will provide recommendations to approve the Military Equipment Use Policy and adopt the ordinance.

If Council does not approve the policy via the adoption of the ordinance, then HPD must cease the use of all equipment now defined as "military equipment." Such would be detrimental to the HPD and the safety of community members and officers alike, as explained further in this report.

ATTACHMENTS

Attachment I Staff Report
Attachment II Military Equipment Use Policy 706
Attachment III Ordinance
A...

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