TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police
1. Subject
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Accept the annual Assembly Bill No. 481 Military Equipment Report, review and affirm Ordinance No. 03-22, and adopt the newly revised Military Equipment policy for the acquisition and use of military equipment by the Orange Police Department.
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2. Summary
Assembly Bill No. 481 requires all law enforcement agencies to prepare an annual Military Equipment Report following the adoption of a policy for the acquisition and use of military equipment. This annual report, Ordinance No. 03-22, and policy revisions are being submitted for consideration and acceptance.
3. Recommended Action
recommendation
Consider and accept the annual Military Equipment Report, review, and affirm Ordinance No. 03-22, implement policy revision recommendations, and adopt the newly revised policy in accordance with Government Code § 7071.
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4. Fiscal Impact
None
5. Strategic Plan Goals
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.
6. Discussion and Background
In June 2022, the City Council approved Ordinance No. 03-22, adopting a policy for the acquisition and use of military equipment by the Orange Police Department. Pursuant to Assembly Bill No. 481 (AB 481), codified as Government Code sections § 7070 through § 7075, the bill also requires submittal of an annual Military Equipment Report (annual report) detailing the following:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Staff has reviewed and revised its military equipment use policy and created an annual report pursuant to the requirements of AB 481.
Staff recommends accepting the annual report and determine each type of equipment in the annual report has complied with the standards for approval set forth in Government Code section 7071(d). Additionally, staff recommends Council review and affirm Ordinance 03-22. Finally, staff recommends Council implement the policy revision recommendations and adopt the newly revised policy. Once documents are reviewed and renewed, they will be made available on the Orange Police Department’s public website and followed by a community engagement meeting.
7. ATTACHMENTS
• Ordinance No. 03-22
• Orange Police Department Policy 706, Updated 4-2024
• 2024 Annual Military Equipment Report