P.O. Box 3369
Anaheim, CA 92803-
3369
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
POLICE DEPARTMENT
DATE: OCTOBER 24, 2023
FROM: POLICE DEPARTMENT
SUBJECT: ORDINANCE RENEWING THE CITY’S MILITARY
EQUIPMENT USE POLICY FOR THE ANAHEIM POLICE
DEPARTMENT PURSUANT TO ASSEMBLY BILL 481
ATTACHMENT (Y/N): YES ITEM # 26
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, following a public hearing, by Ordinance, renew Ordinance No. 6528 approving the Police Department’s Military Equipment Use Policy, as modified, and renumbered, and authorize the use, pursuit of funding for, and acquisition of the military equipment described in Section 705 (previously numbered Policy 706).
DISCUSSION:
On October 17, 2023, the City Council introduced an ordinance renewing and approving the Police Department’s Military Equipment Use Policy, as modified and renumbered, and authorizing the use, pursuit of funding for, and acquisition of military equipment described in Policy 705 (previously Policy 706). Concurrently, pursuant to Government Code Sections 7071 and 7072, the City Council received and filed the 2022 Annual Military Equipment Report. Adoption of the ordinance will take place in conjunction with and after a public hearing set for October 24, 2023.
Background
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (AB 481) requiring law enforcement agencies to obtain approval of the applicable governing body (here, the City Council), by adoption of a military equipment use policy, before acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment. The law’s definition of military equipment is broad and includes common police equipment not sourced from the military. AB 481 required the Police Department (“Department”) to obtain City Council approval of its military equipment use policy via an ordinance adopted at a regular open meeting, which occurred on May 24, 2022 (Ordinance No. 6528).
AB 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to Ordinance adopting a Military Equipment Use Policy for the Anaheim Police Department, pursuant to Assembly Bill 481 October 24, 2023
determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards.
In addition, AB 481 requires that the military equipment policy be posted on the Department’s website and distributed to Council at least thirty (30) days prior to the “public hearing” on the ordinance. The policy was posted and distributed to Council on April 18, 2022, and the public hearing will occur at the second reading and adoption of the ordinance on May 24, 2022.
The Police Department’s Mission and Response to AB 481
The mission of the Anaheim Police Department is to maintain a safe community to live, work, and play. The Police Department remains transparent by providing awareness and understanding of police practices, values public input, and welcomes open dialogue about its practices and operations. The Department understands the acquisition and deployment of items deemed military equipment may impact the public’s safety and welfare. The Department responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations, and operates in unpredictable and dynamic environments. An array of equipment options is needed for an effective and safe resolution to those situations. The Department’s catalog of military equipment and associated training gives its officers the capability to de-escalate volatile situations, protect the community and officers from harm, and bring critical incidents to a safe resolution.
The Anaheim Police Department works closely with local, county, state, and federal partners. In exigent circumstances, military equipment may be deployed from outside entities to promote the safety and security of the community. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance unless such information is confidential or privileged under local, state, or federal law.
The Department’s Proposed Military Equipment Policy
In accordance with AB 481, codified in California Government Code Sections 7070 – 7075, the Department created a Military Equipment Use Policy (Policy 706) in 2022, and has updated that policy to reflect the equipment it currently possesses (See Military Equipment Use Policy, renumbered as Policy 705, appended to Attachment 1 hereto).
Since the enactment of Ordinance No. 6528 approving the Department’s initial Military Equipment Use Policy, the Department has acquired some additional equipment and stopped using other equipment. The newly-updated Military Equipment Policy (Policy 705) was modified to reflect the changes in the type and quantities of military equipment the Anaheim Police Department seeks permission to acquire or use.
Ordinance adopting a Military Equipment Use Policy for the Anaheim Police Department, pursuant to Assembly Bill 481 October 24, 2023
The Department is seeking approval to purchase or utilize new equipment, including new unmanned aerial systems, breaching equipment that is explosive in nature, and two (2) other types of less-lethal bean bag munitions. The new unmanned aerial systems, commonly called drones, include two different types of drones. One drone variant, the BRINC Lemur 2, is specially equipped to fly indoors and will be used by the Department’s Tactical Response Group. The other drone variant, the DJI Matrice 30T, will supplement the Department’s current equipment and assist field operations. The Department is also seeking to establish a remote breaching program. The remote breaching program requires various breaching equipment that consists of explosive materials capable of breaching a door, window, or structure during a crisis or tactical incident. This equipment will only be used by specially-trained personnel on the Department’s SWAT Team. The Department is seeking permission to acquire two (2) new types of less-lethal bean bag rounds. Due to supply-chain constraints with the currently approved bean bag munition manufacturer, the Department is looking to acquire two (2) other types of bean bag munitions. The bean bag rounds are functionally equivalent to the currently-approved munitions.
In addition to seeking new equipment, the Department is seeking to increase consumable and non-consumable equipment quantities. The Department is looking to increase the quantities of noise-flash diversionary devices (“flashbangs”), chemical agent canisters and munitions, 40mm and bean bag less-lethal munitions, and simunition rounds to improve its operational readiness. The Department also seeks approval to purchase or utilize more already-approved non-consumable equipment, including the Kinetic Breaching Tool (KBT) and the Defense Technologies 1400 4-Round 40mm launcher.
Government Code Section 7070 defines a “military equipment use policy” as a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
The Department also removed certain equipment from the Policy because it no longer owns or uses that equipment. The Department no longer possesses .50 caliber firearms or the .50 caliber ammunition. Additionally, the Department no longer possesses or utilizes the Defense Technology Flameless Tri-Chamber CS Grenade.
Ordinance adopting a Military Equipment Use Policy for the Anaheim Police Department, pursuant to Assembly Bill 481 October 24, 2023
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
The Department’s 2022 Military Equipment Report
Pursuant to Government Code Sections 7071 and 7072, the Department is required to submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body (Attachment 2 hereto). The Department is also required to make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report is mandated to include, at a minimum, the following information for the immediate previous 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, consistent with state law employee privacy restrictions.
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 Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The 2023 Military Equipment Ordinance
The Police Department presented an inventory of its current military equipment at a public session held by the Anaheim Police Review Board on July 20, 2023. During the presentation, members of the Police Department summarized the Police Department’s military equipment, including each item’s purpose, lifespan, cost, authorized use, and required training. Members of the Police Review Board were given an opportunity to ask questions regarding the Department’s military equipment use.
In order to renew Ordinance No. 6528 approving the Police Department’s Military Use Policy, the Council must adopt an ordinance (Attachment 1 hereto) which makes the Ordinance adopting a Military Equipment Use Policy for the Anaheim Police Department, pursuant to Assembly Bill 481 October 24, 2023
following findings: 1) the military equipment described in the Policy is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety; 2) the Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; 3) continued use of existing military equipment and purchase of military equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and 4) the Department’s past use of military equipment complied with any applicable policy or the Department has taken steps to ensure that future uses of existing military equipment described in the Policy will comply with the Policy.1 The Police Department created a comprehensive Military Equipment Use Policy that addresses all of the criteria listed above, and has updated and renumbered that Policy (now Policy 705) to reflect the current equipment the Department plans to use or acquire. The Policy seeks to strike a balance in addressing operational needs, public safety, officer safety, civil rights, oversight, accountability, and fiscal responsibility. The military equipment used by the Department is listed in the Policy, and is necessary because there is no reasonable alternative that can achieve the same objective of civilian and officer safety. The Department recognizes it is incumbent upon incident commanders, supervisors, and individual officers to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.
From a fiscal responsibility perspective, the Policy achieves transparency of ongoing and future military equipment acquisitions balanced with the Department’s operational needs. The use of existing military equipment and purchase of future military equipment described in the Policy is cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. The Police Department will continue to comply with all existing city budget processes, procurement requirements, and grant requirements for funding and acquisition of military equipment, and any future use of military equipment will comply with the Military Equipment Use Policy.
In producing the Military Equipment Use Policy, the Police Department has sought to provide transparency and information to our communities and elected officials in compliance with the law and in line with legislative intent. The City Council’s renewal of the Policy will allow the Department to continue to possess and utilize the resources and equipment needed to maintain a safe community to live, work, and play.
IMPACT ON THE BUDGET:
The passage of the ordinance and approval of the annual Military Equipment Use Report does not have a fiscal impact on the Police Department or the City. The purchase of the new equipment described above is provided for in the Department’s annual budget and, those purchases will be separately approved in accordance with City rules. 1 Although not required by the Government Code for renewal of a military equipment ordinance, the second reading (adoption) of the ordinance will be scheduled as a public hearing.
Ordinance adopting a Military Equipment Use Policy for the Anaheim Police Department, pursuant to Assembly Bill 481 October 24, 2023
Respectfully submitted,
Rick P. Armendariz
Chief of Police
Attachments:
1. Ordinance Renewing Military Equipment Use Policy, with Policy 705 attached
2. Military Equipment Annual Report (2022)
3. Staff Report - October 17, 2023 (without attachments)