§ 104.03 MILITARY USE POLICY REQUIREMENT.

(A) The Eureka Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:

(1) Requesting military equipment made available pursuant to § 2576a of Title 10 of the United States Code;

(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;

(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;

(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Eureka;

(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter;

(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment; and

(7) Acquiring military equipment through any means not provided by this section.

(B) In seeking to continue to use any military equipment that was acquired prior to January 1, 2022, the Eureka Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a military equipment use policy submitted pursuant to this code, within 180 days of submission of the proposed military equipment use policy to City Council, the Eureka Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this code.

(C) In seeking the approval of City Council, the Eureka Police Department shall submit a proposed military equipment use policy to City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

(D) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keen Open Meeting Act (Article 9 (commencing

with § 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable.

(E) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:

(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(2) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties;

(3) If in 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

(4) Prior military equipment use compiled 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.

(F) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the Police Department for as long as the military equipment is available for use.

(G) The City Council shall review any ordinance that it has adopted pursuant to this chapter approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with § 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with § 54950) of Part 1 of Division 2 of Title 5), as applicable. (Ord. 952-C.S., passed 1-16-24)