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Adopt a resolution renewing the County’s ordinance that adopted and approved a Military Equipment Use Policy for the Solano County Sheriff’s Office, approve the updated Military Equipment Use Policy, and make findings based on the Solano County Sheriff’s Office’s annual military equipment report for the period of November 1, 2023 through October 31, 2024
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Published Notice Required? Yes ____ No __X_
Public Hearing Required? Yes ____ No __X_
DEPARTMENTAL RECOMMENDATION:
The Sheriff recommends that the Board of Supervisors adopt a resolution renewing the County’s ordinance that adopted and approved a Military Equipment Use Policy for the Solano County Sheriff’s Office, approve the updated Military Equipment Use Policy, and make findings based on the Solano County Sheriff’s Office’s annual military equipment report for the period of November 1, 2023 through October 31, 2024.
SUMMARY:
California Assembly Bill (AB) 481 amended the Government Code (GC) to regulate the funding, acquisition, and use of military equipment by law enforcement agencies. In accordance with AB 481, on October 4, 2022, this Board adopted uncodified Ordinance 2022-1837 approving a Military Equipment Use Policy for the Solano County Sheriff’s Office.
Having received approval for a military equipment use policy, GC §7072 requires the Sheriff’s Office to annually submit to the Board of Supervisors a military equipment report for each type of military equipment approved by the Board. Before submitting the annual report to the Board, the Sheriff’s Office must make the annual military equipment report publicly available on its internet website, and, within 30 days of public release of the report, hold at least one community engagement meeting.
This Board is then required to annually (1) renew the ordinance and (2) determine, based on the annual military equipment report submitted by the Solano County Sheriff’s Office, whether each type of military equipment identified in that report has complied with the standards for approval set forth in AB 481 and codified at GC §7071(d).
FINANCIAL IMPACT:
Board action will not impact the County General Fund. The cost associated with preparing this agenda item is nominal and absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
Background
Governor Gavin Newsom signed Assembly Bill (AB) 481 into law on September 30, 2021. (GC §7070 - §7075). The legislative intent behind AB 481 is to increase public transparency by which California law enforcement agencies fund, acquire, and/or use military equipment, as defined under AB 481. The Assembly Bill outlines requirements needed for law enforcement agencies to continue using equipment listed in AB 481, which includes the law enforcement agency's governing body to adopt a written military equipment use policy by ordinance.
On October 4, 2022, the Board of Supervisors adopted Ordinance 2022-1837, which approved the Military Equipment Use Policy (Policy) for the Solano County Sheriff’s Office. This Policy is found within Solano County Sheriff’s Office Policy Manual as Policy 706 - Military Equipment and has been published on the Solano County Sheriff’s Office internet website since August 12, 2022. The updated Military Equipment Use Policy, attached as Exhibit A, condensed and reorganized sections of the policy and removed the section regarding Military Equipment Inventory. The updated policy provides a link within the policy to the Inventory of Military Equipment which is housed on the Sheriff’s Office Compliance and Professional Standards Division page of Solano County’s website. This change will allow inventory changes to be made without impacting the policy, and the Sheriff’s Office will not need to request the board to approve policy changes for inventory changes in future years.
The Policy reflects that the Sheriff’s Office owns the following items of equipment that are listed in AB 481:
(A) Small, unarmed, unmanned, remotely piloted/controlled, powered, aerial vehicle and ground robot. This equipment takes the form of unmanned aircraft systems (sUAS) or “drones” and a tactical, tracked robot.
(B) An armored personnel carrier (Bear) used to transport tactical officers and/or civilians to and from hostile situations.
(C) Command and control vehicles used for tactical teams and as a mobile self-contained command post to provide the incident commander with a mobile base of operation.
(D) Breaching shotguns and breaching ammunition.
(E) Specialized firearms and ammunitions of less the .50 caliber, including assault weapons.
(F) Flashbangs, chemical agents, chemical agent delivery devices and pepper ball launchers.
(G) Extended range impact weapons (ERIW), projectile launchers platforms, ERIW munitions and specialty impact munitions.
Annual Report
GC §7072 requires the Sheriff’s Office to prepare an annual military equipment report for each type of military equipment approved by the Board. The Sheriff’s Office must make the military equipment report publicly available on its internet website for as long as the military equipment is available for use.
The following information is required to be included in the annual report, for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received regarding the military equipment.
(3) The results of any internal audits, any information about violations of the Policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Sheriff’s Office Annual Military Equipment Report (Annual Report) is attached as Exhibit B and contains the required information for the period beginning November 1, 2023 through October 31, 2024. Since the Policy was adopted on October 4, 2022 there have been no known complaints or concerns reported regarding the use of any of the Sheriff’s applicable equipment and there have been no violations of the Policy. The Sheriff’s Office intends to replenish inventories and replace unrepairable or end-of-life equipment as needed.
Community Engagement Meeting
On November 25, 2024, the Sheriff’s Office released the Annual Report to the public by posting it on the Sheriff’s Office’s page on the Solano County website. In accordance with GC §7072(b), the Sheriff’s Office held a community engagement meeting at 6:00 pm on December 3, 2024 to allow the public to discuss and ask questions about the Annual Report and the Sheriff’ Office’s funding, acquisition, or use of military equipment. The Sheriff’s Office notified the public about the meeting via a post on the Solano County Sheriff’s Office social media platforms.
Making Required Findings for Ordinance No. 1837
In adopting the resolution accompanying this item, based on the Sheriff’s Annual Report, the Board is asked to make the following findings:
(A) The military equipment 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 equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the Policy 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.
ALTERNATIVES:
The Board may choose not to approve this resolution but that is not recommended because the Sheriff’s Office uses the equipment to safeguard the public’s welfare, safety, civil rights, and civil liberties.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the proposed resolution as to form.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION