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File #: ID 22-724    Version: 1 Name:
Type: Action Item Status: Passed
File created: 4/29/2022 In control: City Council
On agenda: 5/12/2022 Final action: 5/12/2022
Title: ***BILL B- 10 (Intro. 4/28/2022) (For Adoption) - Adding Chapter 5, Article 6 to the Fresno Municipal Code establishing rules for the Fresno Police Department to fund, acquire and use military equipment as defined in Assembly Bill 481 (Subject to Mayor's Veto).
Sponsors: Police Department
Attachments: 1. 22-724 Ordinance adding Chapter 5, Article 6 to the Fresno Municipal Code, 2. 22-724 Fresno PD 706_Military Equipment Funding_Acquisition and Use Policy, 3. 22-724 Fresno PD Military Equipment Inventory_April 2022, 4. 22-724 PPT Photos of Existing AB 481 Military Equip, 5. Supplement_File ID 22-724_ PoliceDeptMilitaryEquipment_Public Comments
REPORT TO THE CITY COUNCIL


FROM: PACO BALDERRAMA, Chief of Police Police Department

BY: MICHAEL S. REID, Deputy Chief Support Division


SUBJECT
Title
***BILL B- 10 (Intro. 4/28/2022) (For Adoption) - Adding Chapter 5, Article 6 to the Fresno Municipal Code establishing rules for the Fresno Police Department to fund, acquire and use military equipment as defined in Assembly Bill 481 (Subject to Mayor's Veto).

Body
RECOMMENDATION

It is recommended that the Council of the City of Fresno adopt the attached Ordinance establishing a policy for the funding, acquisition, and use of military equipment by the Fresno Police Department which will take effect as provided in Charter Section 600(b) and 610(b).

EXECUTIVE SUMMARY

AB 481 was signed into law on September 30, 2021, taking effect on January 1, 2022. The newly enacted legislation requires all law enforcement agencies in the State of California to obtain their governing body's approval through the adoption of an ordinance that allows for the funding, acquisition, and use of military equipment. AB 481 specifically defines the types of equipment that approval must be obtained for and once adopted, mandates annual reporting to the governing body to ensure compliance with the Ordinance being introduced today.

To meet this mandate, the City Attorney's Office and the Fresno Police Department have drafted and published for public comment, a policy outlining the use of military equipment and a comprehensive inventory of this military equipment as defined in AB 481. Additionally, an Ordinance has been drafted by the Fresno City Attorney and is being introduced today to take effect as provided in Charter Section 600(b) and 610(b).

BACKGROUND

AB 481 was authored by Assemblymember David Chiu (San Francisco) to address the funding, acquisition, and use of military equipment by law enforcement agencies. AB 481 seeks to create more transparency, oversight, and accountability in the use and acquisition of police equipment...

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