8.70.040 Governing body specific equipment approval policy requirement.
A. The Sebastopol Police Department shall obtain approval of the City Council, by an ordinance adopting a Governing Body Specific Equipment Approval Policy at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
1. Requesting defined “military” equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for defined “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 defined “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 defined “military” equipment within the territorial jurisdiction of the City of Sebastopol.
5. Using any new or existing defined “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 defined “military” equipment.
7. Acquiring defined “military” equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any defined “military” equipment that was acquired prior to January 1, 2022, the Sebastopol 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 defined “military” equipment, including by adoption pursuant to a Governing Body Specific Equipment Approval Policy submitted pursuant to this code, within 180 days of submission of the proposed Governing Body Specific Approval Policy to City Council, the Sebastopol Police Department shall cease its use of the defined “military” equipment until it receives the approval of City Council in accordance with this code.
C. In seeking the approval of City Council, the Sebastopol Police Department shall submit a proposed Governing Body Specific Equipment Approval 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 defined “military” equipment at issue.
D. The governing body shall consider a proposed Governing Body Specific Equipment Approval Policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
E. The governing body shall only approve a Governing Body Specific Equipment Approval Policy pursuant to this chapter if it determines all of the following:
1. The defined “military” equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Governing Body Specific Equipment Approval Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior defined “military” equipment use complied with any policies that were in effect at the time, or if prior uses did not comply with the accompanying Governing Body Specific Equipment Approval 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 Governing Body Specific Equipment Approval Policy shall be made publicly available on the internet website of the Police Department for as long as the defined “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 defined “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 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (Ord. 1139 § 3, 2022)