CHAPTER 31
POLICE DEPARTMENT – FUNDING, ACQUISITION, AND USE OF MILITARY EQUIPMENT

31.1.1 Purpose and intent.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The proposed military equipment use policy is found within Fairfield Police Department Policy 711. (Ord. No. 2022-06, § 1.)

31.1.2 Findings and determinations.

A. Fairfield Police Department Policy 711 was published on the Fairfield Police Department’s internet website on March 4, 2022, and will remain on the Department’s website as long as specified military equipment is in use by the Department. Fairfield Police Department Policy 711 meets the requirements of California Government Code section 7070, subdivision (d).

B. Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in Fairfield Police Department Policy 711 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Fairfield Police Department Policy 711 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Fairfield Police Policy 711 is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

C. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the Fairfield Police Department for as long as the military equipment is available for use. (Ord. No. 2022-06, § 1.)

31.1.3 Renewal of ordinance.

A. This City Council shall review this chapter at least annually to approve the funding, acquisition, or use of military equipment, and shall vote on whether to renew this ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

B. The renewal and proposed military equipment use policy shall be available on the Fairfield Police Department’s internet website at least 30 days prior to the public hearing concerning the military equipment at issue. (Ord. No. 2022-06, § 1.)

31.1.4 Reporting requirements – Annual military equipment report.

A. The Fairfield Police Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Fairfield Police Department shall make each annual military equipment report required by this Chapter publicly available on its internet website for as long as the military equipment is available for use.

C. The Fairfield Police Department, may, but is not required to submit the annual military equipment report to the City Council at the same time as the City Council reviews this Chapter for renewal.

D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Fairfield Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Fairfield Police Department’s funding, acquisition, or use of military equipment.

E. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

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 are 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. (Ord. No. 2022-06, § 1.)

31.1.5 Authorizations.

The City of Fairfield City Council approves Fairfield Police Department Policy 711 as the City of Fairfield’s military equipment use policy, pursuant to Assembly Bill 481. This authorizes the Police Department to acquire, and use specified military equipment as defined in Assembly Bill 481 subject to the annual approval of this ordinance. The Department may purchase and acquire military equipment to maintain current inventory during each year the ordinance is approved. (Ord. No. 2022-06, § 1.)

31.1.6 Severability.

If any portion of Chapter 31, or any portion of Assembly Bill 481 (Government Code section 7070 through 7075) is found to be invalid by a court of competent jurisdiction, the remaining portions of this law will remain in full force and effect. (Ord. No. 2022-06, § 1.)

31.1.7 Conflict with state law.

To the degree any part of Chapter 31 conflicts with the provisions of Assembly Bill 481 (Government Code section 7070 through 7075), state law shall control, except that the City of Fairfield may implement additional requirements and standards related to the purchase, use, and reporting of military equipment by the Fairfield Police Department that do not conflict with state law. (Ord. No. 2022-06, § 1.)

CHAPTER 31POLICE DEPARTMENT – FUNDING, ACQUISITION, AND USE OF MILITARY EQUIPMENT