Ordinance No. 2022-04 | AB 481 Military Equipment Use Policy | Adopted 05/16/2022ORDINANCE NO. 2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING A MILITARY EQUIPMENT USE
POLICY PURSUANT TO ASSEMBLY BILL 481
WHEREAS, On September 30, 2021 Governor Gavin Newsom signed into law Assembly
Bill 481, relating to the use of military equipment by law enforcement agencies, and
WHEREAS, Assembly Bill 481, codified California Government Code sections 7070
through 7075, requires law enforcement agencies to obtain approval of the applicable governing
body by an ordinance adopting a “military equipment” use policy, at a regular meeting held
pursuant to open meeting laws, before taking specific actions relating to the funding, acquisition,
or use of military equipment. “Military equipment” is defined in California Government Code
section 7070; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding,
acquisition, or use of military equipment within its jurisdiction only if it makes specified
determinations; and
WHEREAS, the proposed military equipment use policy is found within Gilroy Police
Department Policy 708; and
WHEREAS, Gilroy Police Department Policy 708 was published on the Gilroy Police
Department’s internet website on March 25, 2022. The Gilroy Police Department Policy 708 was
presented to City Council on April 4; 2022; and
WHEREAS, the Police Department Policy 708 meets the requirements of California
Government Code section 7070, subdivision (d).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN based on the findings above, in addition to the information provided to the
City Council at the public meeting, determines as follows:
1. The military equipment identified in Gilroy Police Department Policy 708 is
necessary because there are no reasonable alternatives to achieve the same
objectives of officer and civilian safety.
2. Gilroy Police Department Policy 708 will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
3. The military equipment identified in Gilroy Police Department Policy 708 is
reasonably cost-effective compared to available alternatives that can achieve
the same objective of officer and civilian safety.
4. Gilroy Police Department Policy 708 is approved and adopted.
DocuSign Envelope ID: 9D4E2D2E-709A-4214-9FC3-EC123962C34E
Ordinance No. 2022-04
Military Equipment Use Policy
City Council Regular Meeting | May 2, 2022 & May 16, 2022
Page 2 of 2
This Ordinance was introduced and first read by the City Council of the City of Gilroy at
a regular meeting on the 2nd day of May 2022, and PASSED AND ADOPTED this 16th day of
May 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-04 is an original ordinance, or true and correct copy of a city Ordinance,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, May 16, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, May 16, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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