Yuba County Municipal Code Ch. 2.155 Military Equipment Use Policy

The purpose of this Chapter is to comply with the requirements of AB481 (Government Code sections 7070 through 7075).

(Ord. No. 1609)

In accordance with Government Code section 7071, the Board of Supervisors makes the following determinations:

(a) The military equipment inventoried and presented to the Board of Supervisors is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(b) The proposed Yuba County Sheriff's Office Policy 706 entitled Military Equipment Use ("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 applicable equipment use policy (which included equipment now defined as military equipment) 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.

(Ord. No. 1609)

The Board approves and adopts the Yuba County Sheriff's Office Policy 706 entitled Military Equipment Use and finds that the Policy satisfies the requirements of Government Code section 7070.

(Ord. No. 1609)

The Policy shall be made publicly available on the Sheriff Department's website for as long as the military equipment is available for use.

(Ord. No. 1609)

(a) The Sheriff's Department shall submit an annual military equipment report to the Board of Supervisors, containing the information required in Government Code section 7072 for the immediately preceding calendar year including:

(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 concerning the military equipment.

(3) The results of any internal audits, any information about violations of the military equipment use 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.

(b) Annually, the Board of Supervisors, at a regular meeting shall:

(1) Review the ordinance and annual military equipment report; and

(2) Determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section 2.155.020(a)—(d); and

(3) Vote on whether to renew this Chapter.

(c) Within 30 days of submitting and publicly releasing the annual military equipment report pursuant to this Section, the Sheriff's Department 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. 1609)

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. No. 1609)