Chapter 9.80
MILITARY EQUIPMENT POLICY
Sections:
9.80.040 Posting on police department website.
9.80.060 Annual review of chapter.
9.80.070 Policy approved at open meeting.
9.80.010 Authority.
This chapter is adopted pursuant to Assembly Bill 481, signed into law by Governor Gavin Newsom and effective January 1, 2022 (codified at chapter 12.8 of Division 7 of Title 1 of the Government Code, commencing with section 7070), relating to the use of military equipment by California law enforcement agencies. (Ord. 562 §1, 2023).
9.80.020 Purpose.
To establish a policy that provides transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used. (Ord. 562 §1, 2023).
9.80.030 Findings.
The city council has made the following determinations:
A. The military equipment inventoried and presented to the city council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
B. The proposed military equipment policy, Policy 709 of the Greenfield Police Department Policy Manual, hereinafter referred to as "policy", will safeguard the public’s welfare, safety, civil rights, and civil liberties;
C. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
D. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
E. The city council approves the use of the policy, and finds that it satisfies the requirements of Government Code section 7070(d). (Ord. 562 §1, 2023).
9.80.040 Posting on police department website.
The Greenfield police department has submitted a proposed policy to the city council and has made those documents available on the Greenfield police department’s website for at least thirty (30) days prior to the public hearing concerning the military equipment at issue and the policy shall be made publicly available on the Greenfield police department’s website for as long as the military equipment is available for use. (Ord. 562 §1, 2023).
9.80.050 Annual report.
The Greenfield police department shall submit an annual military equipment report to the city council, containing the information required in Government Code section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in sections 9.80.030A through D. (Ord. 562 §1, 2023).
9.80.060 Annual review of chapter.
The city council shall review this chapter, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code section 7071(e)(2). (Ord. 562 §1, 2023).
9.80.070 Policy approved at open meeting.
The policy was considered by the city council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted. (Ord. 562 §1, 2023).