HomeMy WebLinkAbout42181
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Ordinance No. 42181
UNCODIFIED ORDINANCE TO ADOPT MILITARY EQUIPMENT
USE POLICY PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into
law Assembly Bill 481 ("AB 481") creating Government Code section
7070, et seq., relating to the use of military equipment by
California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight,
and an opportunity for meaningful public input on decisions
regarding whether and how military equipment is funded, acquired,
and used; and
WHEREAS, the Butte County Sheriff's Office is in possession
of certain items of equipment that qualify as "military equipment"
under AB 481; and
WHEREAS, AB 481 requires that a law enforcement agency
possessing and using such qualifying equipment must prepare a
publicly released, written, military equipment use policy
covering the inventory, description, purpose, use, acquisition,
maintenance, fiscal impacts, procedures, training, oversight, and
complaint process applicable to the agency's use of such
lequipment; and
WHEREAS, the military equipment use policy and supporting
information must be approved by the governing body by ordinance
land reviewed annually; and
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WHEREAS, the Board of Supervisors, having received the
information required under AB 481 regarding the use of military
equipment as defined, deems it to be in the best interest of the
County of Butte to approve the proposed Military Equipment Use
Policy detailed below.
NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS
ORDAINS AS FOLLOWS:
SECTION 1. The Board of Supervisors hereby finds that the
Ifacts set forth in the recitals above are true and correct and
are hereby incorporated by reference.
SECTION 2. The Board of Supervisors adopts the attached
Military Equipment Use Policy (`Policy") and makes the following
determinations pursuant to AB 481:
(a) The military equipment identified in the Policy is
necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety;
(b) The Policy will safeguard the public's welfare, safety,
civil rights, and civil liberties;
(c) The military equipment identified in the Policy is
reasonably cost effective compared to available alternatives that
can achieve the same objective of officer and civilian safety;
and
(d) Prior military equipment use complied with the
applicable equipment use policy that was in effect at the time,
or if prior uses did not comply with the accompanying military
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equipment use policy, corrective action has been taken to remedy
nonconforming uses and ensure future compliance.
SECTION 3. The Board of Supervisors also finds that the
following facts are true and directs as follows:
(a) The Butte County Sheriff's Office has submitted the
proposed Policy to the Board of Supervisors and has made the
Policy available on its website for at least 30 days prior to
the public hearing concerning the military equipment at issue;
(b) The Policy was considered by the Board of Supervisors
as an agenda item in an open session of a regular meeting, and
noticed in accordance with the Brown Act, at which public
]comment was permitted;
(c) The Policy shall be made publicly available on the
Butte County Sheriff's Office's website for as long as the
military equipment is available for use;
(d) The Butte County Sheriff's Office shall submit an
annual military equipment report to the Board of Supervisors
containing the information required by Government Code section
7072 and the Board of Supervisors shall determine whether each
type of military equipment identified in that report has
complied with the standards for approval; and
(e) The Board of Supervisors shall review this ordinance,
Iland vote on whether to renew it, on an annual basis at a
regular meeting in accordance with Government Code section
7071 (e) (2) .
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Section 4. Severability. If any provision of this Ordinance or
the application thereof to any person or circumstances is for
Jany reason held to be invalid by a court of competent
jurisdiction, such provision shall be deemed severable, and the
invalidity thereof shall not affect the remaining provisions or
other applications of the Ordinance which can be given effect
without the invalid provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this Ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with
the names of the members of the Board of Supervisors voting for
and against it, in a newspaper of general circulation published in
the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 28th day of June 2022, by the
following vote:
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair
Connelly
NOES: None
ABSENT: None
NOT VOTING: None
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Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
B y wl-
Deput�
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