Long Beach, CA
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File #: 22-1166    Version: 1 Name: PD - AB 481
Type: Agenda Item Status: Approved
File created: 8/25/2022 In control: City Council
On agenda: 10/4/2022 Final action: 10/4/2022
Title: Recommendation to adopt the Long Beach Police Department (LBPD) Special Order and authorize the department to continue the use of military equipment as outlined by California Assembly Bill (AB) 481; and Direct City Attorney to prepare ordinance adopting the Long Beach Police Department Special Order. (Citywide)
Sponsors: Police
Attachments: 1. 100422-R-46sr&att.pdf, 2. 100422-R-46 Corresp. Buhl.pdf, 3. 100422-R-46 Corresp. CIYJA.pdf, 4. 100422-R-46 Corresp. Tu.pdf
Related files: 22-0753
TITLE
Recommendation to adopt the Long Beach Police Department (LBPD) Special Order and authorize the department to continue the use of military equipment as outlined by California Assembly Bill (AB) 481; and

Direct City Attorney to prepare ordinance adopting the Long Beach Police Department Special Order. (Citywide)

DISCUSSION
On September 30, 2021, Governor Newsom signed Assembly Bill (AB) 481 into law, which established protocols for law enforcement agencies regarding the funding, acquisition, use, and reporting of specific pieces of law enforcement equipment under Government Code Section 7070. Among the various requirements in the bill, it stipulates that each law enforcement agency in the State establish a policy and obtain approval of the governing body, by an Ordinance, adopting a military equipment use policy at a regular meeting of the governing body.

LBPD staff, with the guidance of the City Attorney’s Office, have reviewed AB 481, its definition of military equipment, and the requirements of the legislation. Based on this review, LBPD has determined that it retains and utilizes equipment defined as military equipment. The AB 481 defined list of military equipment currently in LBPD possession is included in the proposed policy (Attachment A), as well as each item’s purpose, authorized use, expected lifespan, and fiscal impact. It is the intent of LBPD that there be legally enforceable safeguards including transparency, oversight, and accountability measures in place to ensure the public’s welfare, safety, civil rights, and civil liberties are uplifted before equipment is funded, acquired, or used.

City Council approval is requested to allow LBPD to continue to use vital equipment acquired prior to January 1, 2022. To comply with the various requirements mandated by AB 481, LBPD has:

· Established a Military Equipment Use policy and made it available on the department website 30 days prior to any public meeting concerning military equipment. LBPD ...

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