Title
First Reading of an Ordinance of the City of San Leandro City Council to Approve and Renew a Military Equipment, Funding, Acquisition and Use Policy as Stated in San Leandro Municipal Code Chapter 4-42 in Compliance With Assembly Bill 481
Staffreport
SUMMARY AND RECOMMENDATIONS
The purpose of California Assembly Bill 481 is to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies.
Staff recommends the City Council approve and adopt the attached Military Equipment Funding, Acquisition and Use Policy and renew Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” in compliance with California Assembly Bill 481.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law required law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy.
Government Code section 7070 defines the term “military equipment” to not necessarily
indicate equipment that has been used by the military or purchased from the federal
government. Rather, the definition includes, but is not limited to, unmanned aerial or
ground vehicles, armored vehicles, command and control vehicles, less lethal projectile launchers, and flashbangs. California 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.
The law also requires law enforcement agencies that received approval for a military equipment use policy pursuant to Section 7071 to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency must make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
1) A summary of how the military equipment was used and the purpose of its use.
2) A summary of any complaints or concerns received concerning the military equipment.
3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5) The quantity possessed for each type of military equipment.
6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.
On May 16, 2022, the City Council adopted Ordinance 2022-006 “Military Equipment Funding, Acquisition and Use Policy”, and added Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” to Title 4, “Public Welfare” of the Municipal Code in compliance with Assembly Bill 481.
On June 5, 2023, the City Council renewed Ordinance 2022-006 “Military Equipment Funding, Acquisition and Use Policy”.
On February 21, 2024, the City held a community meeting at the regularly scheduled Community Police Review Board (CPRB) meeting which was publicly noticed. That meeting included a staff presentation coupled with public comment, robust questions, and dialogue facilitated by the CPRB. At the conclusion of the meeting, the CPRB unanimously voted to recommend that the following modifications be incorporated to Policy 707 (abbreviated for clarity and/or to reference relevant policies):
1) Add specific language to exclude from future acquisition:
a. Tracked armored vehicles
b. Weaponized aircraft
c. Firearms and ammunition of .50 caliber or greater
d. TASER Shockwave, microwave weapons, water cannons and long-range acoustic devices
2) Delete from SLPD Policy 707.7 the section that authorizes the Chief or his/her designee to over-ride the authorized uses of military equipment whenever, in good faith, he/she believes there is an emergency involving the danger of, or imminent threat of, death or serious physical injury to any person or destruction of property.
Pursuant to Assembly Bill 481, staff has prepared an annual report on the “Military Equipment Funding, Acquisition and Use Policy,” “Military Equipment Inventory List” and corresponding ordinance for City Council Consideration.
Analysis
The San Leandro Police Department’s Annual Report on the “Military Equipment Funding, Acquisition and Use Policy,” as well as the proposed “Military Equipment Funding, Acquisition and Use Policy,” and required “Military Equipment Inventory List” are attached to this report.
The policy requires the Department to:
• Identify equipment the department intends to acquire that requires approval by the governing body.
• Conduct an annual inventory of all military equipment.
• Collaborate with any allied agency that may use military equipment within the jurisdiction of the San Leandro Police Department (Government Code § 7071).
• Schedule an annual community engagement meeting regarding the department’s funding, acquisition, and use of equipment.
• Prepare and publish an annual military equipment on the department website (Government Code § 7072).
• Establish a procedure for a person to register a complaint, concern, or question about the use of a type of military equipment, and how the department will respond in a timely manner.
The San Leandro Police Department does not have any equipment obtained from the Law Enforcement Support Officer (LESO) 10-33 program. However, due to the broad definition of “military equipment” in Assembly Bill 481, the Police Department is in possession of equipment that is defined as “military equipment.” Included in the inventory list is:
• Equipment Description
• Capabilities
• Quantity
• Expected Lifespan
• Purpose
• Authorized Use
• Fiscal Impact
• Training
• Legal and Procedural Rules
• Miscellaneous Information
Therefore, for the department to continue to use the equipment, the City Council must renew and approve the policy and renew Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy”.
As highlighted in the attached presentation materials, the Police Department incorporated the vast majority of recommendations provided by the CPRB. However, there are two areas where the Police Department is proposing modifications to those recommendations.
Rather than prohibiting from departmental usage the existing water cannon that is among its existing equipment, the Department recommends modifying the policy to explicitly state that the water cannon may only be used for fire suppression purposes.
Additionally, although the Police Department recommends incorporating the deletion of existing policy language allowing the Police Chief to over-ride the authorized uses of military equipment during exigent circumstances related to the destruction of personal property, the Department does not recommend the complete deletion of the Exigent Circumstances provision in its entirety. This recommendation is intended to balance the recommendations of the CPRB, while also allowing the Police Chief sufficient latitude to prevent the imminent threat of death or serious physical injury to persons during an emergency. Additional context on the rationale for this recommendation will also be provided by the Chief of Police during the presentation of this report at the March 18, 2024 City Council meeting.
Fiscal Impacts
There is no new fiscal impact as a result of this policy. As outlined in this policy, with the exception of replenishment items outlined in Policy Section 707.5.1, each request for a new purchase and use of a defined piece of military equipment will be brought before the City Council for review and approval.
ATTACHMENTS
A - Ordinance Military Equipment, Funding, Acquisition and Use Policy
B - Policy 707 Military Equipment, Funding, Acquisition and Use
C - Military Equipment Inventory List
D - Presentation 2024 Annual Military Equipment, Funding, Acquisition and Use Policy
PREPARED BY: Luis Torres, Assistant Police Chief, Police Department