On January 1, 2022, Assembly Bill 481, as passed by the California State Legislature and signed by the Governor, went into law. The bill added Chapter 12.8 (Commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to specifically defined “military” equipment.

The bill requires the creation of a specific equipment approved use policy by law enforcement agencies, as well as the publishing of the policy on the Police Department website and imposes a State-mandated local program. It also requires law enforcement agencies to provide a means to gather public feedback to any complaints or concerns regarding the use of defined “military” equipment which shall be documented in an annual report. The report shall also contain how the equipment was used, the results of any internal audits regarding misuse, the total annual cost for the equipment, maintenance, and cost of training for the use of the equipment, as well as the quantity of any type of specific equipment in the agency’s possession.

The bill requires law enforcement agencies to obtain both the initial approval of the applicable governing body (in this instance the Sebastopol City Council) by adoption of the Governing Body Specific Equipment Approval Policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of “military” equipment as defined. The bill requires similar approval for the continued use of defined “military” equipment acquired prior to January 1, 2022. The bill allows the governing body to approve the funding, acquisition, or use of defined “military” equipment within its jurisdiction only if it determines that the defined “military” equipment meets specified standards. The bill requires the governing body to annually review the ordinance and to either approve or disapprove a renewal of the authorization for a type, as defined, of “military” equipment or amend the Governing Body Specific Equipment Approval Policy if it determines, based on an annual Governing Body Specific Equipment Approval Policy report prepared by the law enforcement agency, as provided, that the defined “military” equipment does not comply with the above-described standards for approval.

The California State Legislature found and declared and the Sebastopol City Council do also find and declare the following:

The public has a right to know about any funding, acquisition, or use of defined “military” equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.

Decisions regarding whether and how defined “military” equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based upon meaningful public input.

The Sebastopol City Council also finds that based upon the definitions contained in the newly implemented California Government Code, Chapter 12.8, Section 7070, that the Sebastopol Police Department has had in its possession for many years, previously purchased “specific equipment” which has now been redefined per California Government Code Section 7070 as “military equipment,” though said equipment was not previously acquired or purchased through any form of procurement program from the United States Government, or any branches of the armed services nor was it acquired utilizing any provisions of the Federal Surplus Property Acquisition Law of 1945. This “specific equipment” is now included in AB 481 as requiring the adoption of a specific use and approval policy for continued use, which is addressed by this chapter. The “specific equipment” in question has been in use by the Sebastopol Police Department for more than a decade. Its availability and proper usage have been deemed as a best practice by law enforcement groups and experts nationwide and is classified as a “less lethal” option to specifically deescalate situations and avoid the use of deadly force. This tool enhances the safety of our community members and our police officers. (Ord. 1139 § 3, 2022)