County of Fresno - File #: 23-0104

• File #: 23-0104
• On agenda: 7/18/2023
• Final action: 7/18/2023
• Enactment #: Resolution No. 23-259
• Recommended Action(s): 1. Adopt and authorize Chairman to execute resolution making determinations regarding military equipment use required by Government Code ? 7071(d); 2. Conduct first hearing on a proposed retroactive Ordinance effective May 1, 2022 to add Chapter 10.66, "Military Equipment Use Policy to Title 10 Public Peace, Morals and Welfare of the Ordinance Code of the County of Fresno," waive reading of the Ordinance in its entirety, and set second hearing for August 8, 2023; 3. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and 4. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).

Date	Action By	Action	Result
7/18/2023	Board of Supervisors	Approved as Recommended	Pass

DATE: July 18, 2023

TO: Board of Supervisors

SUBMITTED BY: John Zanoni, Sheriff-Coroner-Public Administrator
Lisa A. Smittcamp, District Attorney

SUBJECT: Assembly Bill (AB) 481 - Military Equipment Use Policy

RECOMMENDED ACTION(S):
TITLE
1. Adopt and authorize Chairman to execute resolution making determinations regarding military equipment use required by Government Code ? 7071(d);
2. Conduct first hearing on a proposed retroactive Ordinance effective May 1, 2022 to add Chapter 10.66, "Military Equipment Use Policy to Title 10 Public Peace, Morals and Welfare of the Ordinance Code of the County of Fresno," waive reading of the Ordinance in its entirety, and set second hearing for August 8, 2023;
3. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
4. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).
REPORT
Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain Board approval by adoption of a Military Equipment Use Policy. Approval of the recommended actions allows the Sheriff's Office, District Attorney's Office, and Probation Department to comply with Government Code section 7070 et. Seq., by adding Chapter 10.66 Military Equipment Use Policy to the County Ordinance Code. The Probation Department has informed the Board of Supervisors that the Probation Department does not have or use any military equipment at this time. The Board of Supervisors of the County of Fresno is the governing body of each of the law enforcement agencies of the County of Fresno. Therefore, AB 481 requires law enforcement agencies to obtain the approval of their applicable governing body, by adoption of a military equipment use policy by ordinance, and to make certain determinations, which are contained in the resolution in the recommended action item one. This item is countywide.

ALTERNATIVE ACTION(S):

There is no alt...