Introduce an ordinance entitled "An Uncodified Ordinance to Adopt Military Equipment Use Policy Pursuant to AB 481" for the Yolo County Sheriff’s Office, waive the first reading of the ordinance, and receive public comments. (No general fund impact) (Lopez)

 

BACKGROUND:
Assembly Bill 481 was enacted last year, and it requires that law enforcement agencies bring to their respective local agency governing boards a military equipment policy in the form of an ordinance. 
 
There is some indication that AB 481 was intended to apply only to equipment actually used by the military. The Sheriff’s Office has no such equipment.  However, many have interpreted the law more broadly to include certain general types of equipment that fall within the categories listed in AB 481, but that are not actually purchased by the Sheriff from military sources, and in the interest of transparency, the Sheriff’s Office has created a policy and is bringing it to the Board for approval.
 
DISCUSSION:
The Sheriff’s Office has created a draft policy compliant with AB 481, and which will ultimately be found within the Yolo County Sheriff’s Office Policy Manual as Policy 709-Military Equipment (“Policy 709”).  It has been published on the Sheriff’s Office’s website since April 1, 2022. 
 
In adopting the Ordinance, AB 481 requires the Board to make the following findings (which are included in the accompanying ordinance): 
 
(A) That the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
 
(B) That the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
 
(C) That if purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
 
(D) That prior military equipment use complied with the military equipment 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.
 
Without the equipment and tools, subject to AB 481, the Sheriff’s Office personnel may be forced to put themselves at greater risk of harm in evaluating and defusing hostile situations involving armed individuals.  Moreover, without these tools Sheriff’s Office personnel may be required to use a more lethal tool to end a dangerous confrontation.  Lastly, without these tools the Sheriff's Office would be much less effective at locating and rescuing civilians in remote locations.  Altogether, the equipment and tools subject to AB 481 are necessary to best ensure the safety of Sheriff’s Office personnel and civilians alike.    
 
The Sheriff’s Office has made it a priority to ensure personnel that would potentially use the equipment and tools subject to AB 481 were properly trained and possessed the skill, competence, and character to utilize such equipment and tools.  Such assurances will continue to be a priority in the Sheriff’s Office.  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties     
 
As with all purchases, the Sheriff’s Office will ensure that any future equipment or tools subject to AB 481 is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
 
Prior to the creation of this policy, use of equipment and tools subject to AB 481 by the Yolo County Sheriff’s Office was regulated by individual internal policies.  Any use of such equipment or tools would have been investigated and, in the event any use was deemed outside of policy, corrective action would have been taken through retraining and/or discipline. 
 
The type of “military equipment” owned and maintained by the Yolo County Sheriff’s Office has been consistent for the last decade and there are no plans to delineate from prior equipment acquisition.   
 
County Counsel has reviewed and approved the proposed ordinance as to form.