Fresno County Municipal Code Ch. 10.66 Military Equipment Use Policy

This chapter shall be known as the Military Equipment Use Policy.

(Ord. No. 23-010, § 1, 8-8-2023)

A. The purpose of this chapter is to provide the Board of Supervisors' approval of the funding, acquisition, and/or use of military equipment, including continuation of the use of military equipment acquired prior to January 1, 2022, by each law enforcement agency under its then-current military equipment use policy as well as such law enforcement agency's public reporting requirements.

B. A law enforcement agency's lack of military equipment at any time shall not prohibit such law enforcement agency from subsequently funding, acquiring, and/or using military equipment, under this chapter, or the Board of Supervisors from subsequently approving such law enforcement agency's proposed or subsequently existing military equipment use policy under this chapter.

(Ord. No. 23-010, § 1, 8-8-2023)

A. "Law enforcement agency" means any of the following, as applicable, and law enforcement agencies mean all of the following, collectively, under this chapter:

1. The Sheriff's Office of the County of Fresno.

2. The District Attorney's Office of the County of Fresno.

3. The Probation Department of the County of Fresno.

B. "Military Equipment Use Policies" mean the Military Equipment Use Policy for the Sheriff, entitled "Fresno County Sheriff's Office, Assembly Bill 481 Funding, Acquisition, and Use of Military Equipment Policy", the Military Equipment Use Policy for the District Attorney's Office, entitled "Fresno County District Attorney's Office, Assembly Bill 481 Funding, Acquisition, and Use of Military Equipment Policy", and the Military Equipment Use Policy for the Probation Department, entitled "Fresno County Probation Department, Assembly Bill 481 Funding, Acquisition, and Use of Military Equipment Policy", which are posted on the website of each Law enforcement agency, and are each approved by the Board of Supervisors under this chapter.

C. All other terms used in this chapter, which are defined in Government Code § 7070, shall have the same meaning given to them in Government Code § 7070, or any amended or successor provision thereof that may be enacted after the adoption of or any amendment to this chapter.

(Ord. No. 24-003, § 1, 2-20-2024; Ord. No. 23-010, § 1, 8-8-2023)

A. The Board of Supervisors hereby determines that the Military Equipment Use Policies comply with all of the following standards for approval under Government Code § 7071, subdivision (d)(1):

1. The military equipment identified in the Military Equipment Use Policies is necessary because there is no reasonable alternative that can achieve the same objective of Sheriff's deputy, Probation Department probation officer, or District Attorney's investigator safety, as applicable, and civilian safety;

2. The Military Equipment Use policies will safeguard the public's welfare, safety, civil rights, and civil liberties; and

3. If purchasing the military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of Sheriff's deputy, Probation Department probation officer, or District Attorney's investigator safety, as applicable, and civilian safety; and

4. Prior military equipment use by the Sheriff's Office, Probation Department, and the District Attorney's Office complied with their respective Military Equipment Use Policies that were in effect at the time, or if prior uses did not comply with the Military Equipment Use Policies, as applicable, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Based on all of such determinations by the Board of Supervisors, (i) the Board of Supervisors hereby approves the Military Equipment Use Policies, and (ii) to the extent that the Military Equipment Use Policies, or any portion thereof, have existed prior to such approval of the Board of Supervisors, the Board of Supervisors hereby ratifies such Military Equipment Use Policies, and all of the military equipment that has been funded, acquired, and/or used thereunder.

B. Each Law enforcement agency shall make its Military Equipment Use Policy, which is approved by the Board of Supervisors under this chapter, accessible to the public through the front page of such law enforcement agency's internet website including, but not limited to, by way of a point of access such as an icon, link, list, or drop down list, which includes in such point of access the phrase "Military Equipment Use Policy."

The Sheriff's Office internet website is located at: www.fresnosheriff.org

The District Attorney's internet website is located at: https://www.co.fresno.ca.us/departments/district-attorney

The Probation Department's internet website is located at: www.fresnocountyca.gov/Departments/Probation

Provided however, if the Sheriff's Office, the District Attorney's Office or the Probation Department replace either such internet website, as applicable, with a new internet website, the new internet website shall be used by the Sheriff's Office, the District Attorney's Office, or the Probation Department, as applicable, and the Board of Supervisors will amend this chapter to set forth the location of such new internet web site as soon as is practicable under the then-current circumstances.

(Ord. No. 24-003, § 2, 2-20-2024; Ord. No. 23-010, § 1, 8-8-2023)

A. The Sheriff, the District Attorney, and the Chief of Probation shall each designate a member of their respective law enforcement agency to act as the military equipment coordinator of each such law enforcement agency.

B. The military equipment coordinator is in charge of the military equipment program of his or her respective law enforcement agency and shall report to the Operations Support Bureau Commander of the law enforcement agency. The responsibilities of the military equipment coordinator include:

1. Acting as liaison between his or her respective law enforcement agency and the Board of Supervisors, as well as any other law enforcement agency, for matters related to the requirements of this ordinance.

2. Identifying equipment that qualifies as military equipment in the then-current possession of his or her respective law enforcement agency, or the equipment such law enforcement agency intends to acquire that requires approval by the Board of Supervisors.

3. Conducting an inventory of all military equipment of his or her respective law enforcement agency at least annually.

4. Collaborating with any other agency that may use military equipment within the jurisdiction of his or her respective law enforcement agency.

5. Preparing for, scheduling, and coordinating the annual community engagement meeting under Section 10.66.060.C. of this chapter, to include:

i. Publicizing the meeting.

ii. Providing responses to any public questions regarding the law enforcement agency's funding, acquisition, and use of equipment.

6. Preparing the annual military equipment report required under Section 10.66.060.B. of this chapter for submission to the department head of his or her respective law enforcement agency and ensuring that the report is made available on such law enforcement agency's internet website as required under Section 10.66.060.B. of this chapter.

7. Establishing the written procedure for a person or organization to register a complaint or concern, or how that person or organization may submit a question about the use of a type of military equipment, and how the law enforcement agency will respond in a timely manner.

(Ord. No. 24-003, § 3, 2-20-2024; Ord. No. 23-010, § 1, 8-8-2023)

A. Each law enforcement agency department head or his or her designee shall submit to the Board of Supervisors an annual military equipment report, which includes all information required by Government Code § 7072, subdivision (a), for each type of military equipment that has been approved by the Board of Supervisors within one year of adoption of this ordinance, and annually thereafter for as long as the military equipment is available for use.

B. Each law enforcement agency department head or his or her designee shall also make each annual military equipment report required by this Section 10.66.060 publicly available on the law enforcement agency's website, which is referenced in Section 10.66.040.B. of this chapter, for as long as the military equipment is available for use.

C. Within 30 days of submitting and publicly releasing the annual military equipment report pursuant to this Section 10.66.060, each law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

(Ord. No. 23-010, § 1, 8-8-2023)

Upon approval of the law enforcement agency's annual budget by the Board of Supervisors, authority to replace then-existing military equipment and/or replenish related supplies shall be at the discretion of the law enforcement agency, subject to the requirements of this chapter and any other County ordinances, policies, and guidelines for the acquisition of equipment and supplies.

(Ord. No. 23-010, § 1, 8-8-2023)

A. The Board of Supervisors shall annually review this ordinance and, subject to Section 10.66.080.B, vote on whether to renew this ordinance at a regular meeting held pursuant to the Brown Act.

B. The Board of Supervisors shall determine, based on the annual military equipment report submitted by each law enforcement agency to the Board of Supervisors pursuant to Section 10.66.060.A. of this chapter, whether each type of military equipment identified in that report has complied with the standards for approval under Government Code § 7071, subdivision (d)(1); and if the Board of Supervisors determines that a type of military equipment identified in such annual military equipment report has not complied with such standards for approval, the Board of Supervisors shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

(Ord. No. 23-010, § 1, 8-8-2023)