P.O. Box 3369
Anaheim, CA 92803-
3369
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
POLICE DEPARTMENT
DATE: NOVEMBER 19, 2024
FROM: POLICE DEPARTMENT
SUBJECT: ANNUAL MILITARY EQUIPMENT USE REPORT AND
ORDINANCE RENEWING THE ANAHEIM POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
(SECOND READING)
ATTACHMENT (Y/N): YES ITEM # 18
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance, renew Ordinance No. 6561 approving the Police Department’s Military Equipment Use Policy, as modified, and authorize the use, pursuit of funding for, and acquisition of the military equipment described in Section 705.
DISCUSSION:
On November 13, 2024, the City Council introduced an ordinance renewing and approving the Police Department’s Military Equipment Use Policy, as modified. The item before the Council tonight is the second reading and adoption of that ordinance. If adopted, the ordinance will become effective in 30 days.
BACKGROUND:
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (AB 481) (codified in California Government Code Sections 7070-7072), 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. This newly-enacted statutory scheme required the Police Department (“Department”) to obtain City Council approval of its military equipment use policy via an ordinance, which the Council adopted on May 24, 2022. It also made that ordinance subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance had been met. During this annual review, the City Council has the authority to 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.
Annual Military Equipment Use Report and Ordinance Renewing the Anaheim Police Department’s Military Equipment Use Policy November 19, 2024
The Department’s 2023 Military Equipment Report
Pursuant to Government Code Sections 7071 and 7072, the Department must 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 must also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. The Department complied with all requirements with respect to the report, and at the November 13, 2024 meeting, the Council reviewed that report and used it as a basis for introducing the ordinance renewing the Military Equipment Use Policy.
The 2024 Military Equipment Ordinance
As noted above, the Anaheim Department created a Military Equipment Use Policy in 2022 and updated it in 2023 to reflect the equipment possessed at that time. The item currently before Council is the annual (2024) renewal to update the Military Equipment Use Policy to reflect the items the Department currently possesses or is planning on acquiring in the near future. The Department is seeking approval to purchase and utilize the new equipment, including new unmanned aerial systems, additional already-approved rifles, and additional already-approved less-lethal weapons. Furthermore, the Department is seeking approval to increase the quantity of less-lethal munitions to improve operational readiness.
The Police Department presented an inventory of its current military equipment at a public session held by the Anaheim Police Review Board on June 27, 2024. During the presentation, members summarized the 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 the current Military Equipment Use Policy (codified in Ordinance No. 6561), the Council must adopt an ordinance (Attachment 1 hereto) that makes the 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.
The Police Department created a comprehensive Military Equipment Use Policy (Policy 705) that addresses all of the criteria listed above and has updated that Policy 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 Annual Military Equipment Use Report and Ordinance Renewing the Anaheim Police Department’s Military Equipment Use Policy November 19, 2024
where 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. Using existing military equipment and purchasing future military equipment described in the Policy is cost-effective compared to available alternatives that can achieve the same objective of civilian and officer 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 BUDGET:
The passage of the Ordinance and review 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.
Respectfully submitted,
Rick P. Armendariz
Chief of Police
Attachments:
1. Annual Military Equipment Report (2023)
2. Ordinance Renewing Military Equipment Use Policy, with Policy 705 attached