DATE: August 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Police Department
TITLE: ANNUAL MILITARY EQUIPMENT REPORT AUTHORIZING THE CITY’S MILITARY EQUIPMENT USE POLICY PER ASSEMBLY BILL 481
RECOMMENDATION
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Staff and the Police and Fire Commission recommend that the City Council adopt a resolution approving the Department’s annual Military Equipment Use Policy and Inventory list as required by Assembly Bill (AB) 481.
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BACKGROUND AND ANALYSIS
On January 1, 2022, AB481, the Military Equipment Use Policy Bill became law. This law governs the acquisition, funding, and use of equipment designated by the California State Assembly as “military equipment.” This year’s report is the third report provided to the City Council since the legislation’s inception and all of the equipment reported this year was previously identified in the prior reports.
Under AB481, local agencies, including police departments, must follow specific procedures to regulate the acquisition and use of military equipment. The process mandated by AB481 requires the agency to draft a military equipment use policy, which then must be approved by the governing body through an ordinance or resolution following a public hearing. Ordinance Section 25.8 to Chapter 25 was adopted on May 18, 2022. The law requires the City to review the process annually, which involves examining the policy and the equipment list, making any necessary updates, and undergoing a public hearing for community input. Following this, the revised or reaffirmed policy and equipment list may be approved through a resolution, provided no substantive changes might warrant a new ordinance, and the report is presented at a noticed public hearing.
AB481 requires law enforcement agencies to develop policy and include an inventory of the designated equipment acquired before January 1, 2022, and provide information regarding its acquisition, utilization, the funding source used to purchase the equipment, and justification for the use of the equipment to City Council as the governing body of the Police Department.
This inventory is to include a description of the equipment, quantity of the equipment sought, expected lifespan, product descriptions as provided by the manufacturer; the purpose and authorized uses of the equipment; the fiscal impact of the equipment, including initial acquisition costs, and estimated annual costs to maintain the equipment; the legal and procedural rules that govern the authorized use of the equipment; the training required before authorization of the equipment; and, the mechanisms in place to ensure compliance with the policy.
The policy and inventory are to be publicly available on the Internet for 30 days before the meeting of the City Council when this item is scheduled for a public hearing. Equipment on this list that the department seeks to acquire after January 1, 2022, requires City Council approval before purchase.
The Police Department shall submit an annual report to City Council. This report is to include a summary of the equipment used and the purpose for its use; an overview of complaints received concerning the use of the equipment; the results of any internal audits; any information about violations of this policy and any actions taken in response; The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs, and the source funding for the equipment in the year proceeding the annual report; the quantity possessed of each type of equipment; any additional equipment acquisition sought, and the number and type of additional equipment sought.
Within 30 days of submitting and publicly releasing the annual report, the law enforcement agency must hold a well-publicized and conveniently located community engagement meeting where the general public may discuss and ask questions regarding the report.
Police Department staff developed a policy based on the legislative language and maintains compliance with Assembly Bill 481 and its intent. A document was created to inventory the designated equipment subject to the policy. The inventory is included in Attachment 2.
On May 16, 2024, the Military Equipment Policy and Inventory were published on the Police Department web page.
Assembly Bill 481 includes an expansive list of equipment it designates as “military equipment,” much of which the Police Department does not possess or intend to acquire. The Police Department has listed the equipment currently used in the following categories: Unmanned Aerial Systems (UAS) and Robots; Armored Personnel Carriers / Command and Control Vehicles; Explosive Breaching Apparatus / Breaching Munitions; Specialized Firearms / Ammunition Less Than .50 Caliber; Less Lethal Deployment Systems; Light Sound Distraction Devices / Less Lethal Munitions / Chemical Agents.
The Police Department has included language in the policy to replace expendable items classified as consumable ammunition or munitions without City Council approval. Moreover, when equipment breaks or is rendered unserviceable, the Department may replace that equipment with an equitable item for the same use and purpose before authorization of the City Council, provided this item replaces equipment and It is not an increase to the existing inventory.
FISCAL IMPACT
None.
COMMISSION OR COMMITTEE REPORT
The Police and Fire Commission approved the confirmation of this resolution when they heard this item at its regularly scheduled meeting on July 18, 2024.
CITY ATTORNEY’S ANALYSIS
The City Attorney has reviewed the referenced documents and approved as to form.
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Prepared by: Taurino Valdovinos, Assistant Chief of Police
Reviewed by: Kedrick Sadler, Chief of Police
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. OPD Military Equipment Policy
2. AB481 Ordinance Renewal Resolution (2024)
3. AB481 Compliance Inventory 2024