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Correspondence - Item 10
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08/19/2025
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Correspondence - Item 10
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Information Bulletin 2024-DLE-13 <br /> Guidance re:AB 481 <br /> Page 6 <br /> 11. the procedures by which members of the public may register complaints or concerns or submit <br /> questions about the use of each specific type of"military equipment," and <br /> 12. how the LEA will ensure that each complaint, concern, or question receives a response in a <br /> timely manner. <br /> (Gov. Code, § 7070, subd. (d)(7).) <br /> LEAS' obligations under AB 481 extend beyond the preparation of an initial "military equipment" use <br /> policy. For example, as discussed in Subsection (C) below, LEAS must prepare an annual report in <br /> addition to their initial "military equipment" use policy. (Gov. Code § 7072.) And as discussed in Section <br /> V below, governing bodies must approve LEAS' initial "military equipment" use policy by ordinance <br /> (Gov. Code, § 7071(a)-(d)), and then renew the policy annually (Gov. Code, § 7071, subd. (e)(1)). <br /> Whether the policy is renewed depends at least in part on the governing body's determination of <br /> whether the LEA's annual report complies with the ordinance and "military equipment" use policy. <br /> (Gov. Code, § 7071, subd. (e)(2).) The governing body may either approve renewal, disapprove <br /> renewal, or require modifications to resolve any lack of compliance. <br /> (B) The LEA's Governing Body Must Approve the LEA's "Military Equipment" Use Policy <br /> An LEA shall obtain approval of its "military equipment" use policy by its governing body by an <br /> ordinance adopted at a regular meeting of the governing body held pursuant to the Bagley-Keene <br /> Open Meeting Act or the Ralph M. Brown Act, as applicable. Approval of the governing body must be <br /> obtained prior to engaging in any of the following: <br /> • requesting military equipment made available pursuant to Section 2576a of Title 10 of the <br /> United States Code; <br /> • seeking funds for "military equipment," including, but not limited to: <br /> o applying for a grant, or <br /> o soliciting or accepting private, local, state, or federal funds, in-kind donations, or other <br /> donations or transfers; <br /> • acquiring "military equipment" either permanently or temporarily, including by borrowing or <br /> leasing; <br /> • collaborating with another LEA in the deployment or other use of"military equipment" within <br /> the territorial jurisdiction of the governing body; <br /> • using any new or existing "military equipment" for a purpose, in a manner, or by a person not <br /> previously approved by the governing body pursuant to AB 481; <br /> • soliciting or responding to a proposal for, or entering into an agreement with, any other person <br /> or entity to: <br /> o seek funds for, or <br /> o apply to receive, acquire, use, or collaborate in the use of"military equipment;" <br /> • acquiring "military equipment" through any means not provided by Section 7071(a)(1). <br />
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