HomeMy WebLinkAbout42291
2
3
4
5
6
7
8
9
1.0
11.
12
13
14
15
16
17
18
19
20
2-1.
22
23
24
25
11 T.
11 1:1
I M*5011477, MMM7
I&QUIPMENT 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"
M on
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
("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 equipment; and
WHEREAS, the Policy must be approved by the governing body
by ordinance and the continued use of military equipment must be
reviewed annually; and
WHEREAS, on June 28, 2022, the Board of Supervisors, having
1
I
1
2
3
4
5
6
7
8
9
10
11
12
3
14
15
16
17
18
19
20
21
22
23
24
25
received the information required under AB 481 regarding the use
of military equipment as defined, deemed it to be in the best
interest of the County of Butte to approve the Policy; and
WHEREAS, following the initial approval of the Policy, an
lannual Military Equipment Report ("Report") is presented to the
Board of Supervisors and, after consideration, the Board of
Supervisors may vote to renew the ordinance approving the Policy.
NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS
ORDAINS AS FOLLOWS:
SECTION 1. The Board of Supervisors hereby finds that the
facts set forth in the recitals above are true and correct and
are hereby incorporated by reference.
SECTION 2. The Board of Supervisors has received and reviewed
the Report and Policy, and by way of this ordinance, renews the
approval of the Policy, and makes the following determinations
based on the Policy and Report:
(a) The military equipment identified in the Policy and
Report is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian
safety;
(b) Use of the military equipment pursuant to the Policy
will safeguard the public's welfare, safety, civil rights, and
civil liberties;
(c) The military equipment identified in the Policy and
Report is reasonably cost effective compared to available
I
1
2
3
4
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
alternatives that can achieve the same objective of officer and
civilian safety; and
(d) The use of military equipment has complied with the
Policy, or if it did not, 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 Policy and Report were 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;
(b) The Policy and Report 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;
(c) The Butte County Sheriff®s office shall continue to
submit an annual 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 the Report has complied with
the standards for approval; and
(d) The Board of Supervisors shall review this ordinance,
and vote on whether to renew it, on an annual basis at a
regular meeting in accordance with Government Code section
7071(e)(2).
Section 4. Severability® If any provision of this Ordinance
N
1
2
3
4
5
6'
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
or the application thereof to any person or circumstances is for
any 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 25th day of July, 2023, by
the following vote:
AYES: Supervisors Connelly, Durfee, Ritter, Teeter, and Chair
Kimmelshue
NOES: None
ABSENT: None
NOT VOTING: None
Td, Ki Shue, "Chair—
Butte
hair`"Butte Colli ty Board of Supervisors
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
5