Joint Special Council/BFPD
05/2/22 06:00 PM
Police
Andy Espinoza Jr.
Ordinance
Doc ID: 5010
AGENDA ITEM
AGENDA MATTER:
SECOND READING AND ADOPTION OF ORDINANCE 989-2022 OF THE CITY OF BARSTOW APPROVING THE BARSTOW POLICE DEPARTMENT’S PROPOSED “MILITARY EQUIPMENT” USE PROCEDURE AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7070 EXECUTIVE SUMMARY:
Assembly Bill 481 (“AB-481”), codified in California Government Code Sections 7070 - 7075, requires law enforcement agencies to obtain City Council approval of a “military equipment” use procedure. By this proposed ordinance, the Barstow Police Department recommends the City Council approve the proposed “military equipment” use procedure, thereby adopting standards governing the types of non-standard equipment the Police Department may acquire and use, allowed use situations, and required training and procedural rules. “Military equipment” as governed by the proposed procedure is broader than just equipment received from the US military and generally includes all types of non-standard-issue firearms, including such things as less lethal munitions, e.g., rubber bullets, and remotely operated camera equipment.
On April 18, 2022, the Council conducted a public hearing and introduced Ordinance No. 989-2022 approving the Barstow Police Department’s proposed “Military Equipment” Use Procedure as required by California Government Code Section 7070. The ordinance is presented for its second reading and adoption.
DISCUSSION:
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 (City Council), by adoption of a “military equipment” use policy, as defined under AB-481. The Legislature found that the public has a right to know about any funding, acquisition, or use of “military equipment” by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. “Military equipment” as governed by the proposed procedure is broader than just equipment received from the US military and generally includes all types of non-standard-issue firearms, including such things as less lethal munitions, e.g., rubber bullets, and remotely operated camera equipment. The proposed procedure adopts standards for the use and required training methods for these types of equipment.
Barstow Police Department Proposed “Military Equipment” Use Procedure The Department’s proposed “military equipment” use procedure details the “military equipment” it possesses or may possess throughout the year, including the following:
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.” The purposes and authorized uses for which the Department proposes to use each type of “military equipment.”
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.
Joint Special Council/BFPD
05/2/22 06:00 PM
Police
Andy Espinoza Jr.
Ordinance
Doc ID: 5010
AGENDA ITEM
The legal and procedural rules that govern each authorized use. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Department 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 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. 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 Department will ensure that each complaint, concern, or question receives a response in a timely manner.
The Department posted its proposed “military equipment” use procedure on its internet website on March 17, 2022, at least 30 days before the City Council’s April 18, 2022 public hearing concerning the proposed procedure. The proposed “military equipment” use procedure posted on the Department’s internet website can be found at <https://www.barstowca.org/departments/police/policy-manual/militaryequipment-policy>.
The Barstow Police Department Recommends the City Council Adopt Ordinance 989-2022 Proposed “Military Equipment” Use Procedure
The City Council deliberated at a regular open meeting on April 18, 2022 whether to approve the Department’s proposed “military equipment” use procedure through ordinance and introduced Ordinance 989-2022. The Department recommends the City Council approve the funding, acquisition for that equipment not already acquired, and use of the “military equipment” described in the Department’s proposed “military equipment” use procedure. The attached proposed ordinance contains the statutorily required findings.
If the City Council does not approve the Department’s proposed “military equipment” use procedure within 180 days of submission of the proposed “military equipment” use policy to the City, the Department must cease its use of the “military equipment” until it receives the approval of the City Council. The ordinance is also subject to annual City Council review to 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 this “military equipment” use procedure to address any non-compliance with standards.
FISCAL IMPACT:
There are no fiscal impacts at this time. The acquisition costs for most equipment covered by the proposed procedure have already been paid. The existing budget accounts for the costs of maintaining the equipment and of acquiring any needed new or replacement equipment.
RECOMMENDED ACTION:
Joint Special Council/BFPD
05/2/22 06:00 PM
Police
Andy Espinoza Jr.
Ordinance
Doc ID: 5010
AGENDA ITEM
Staff recommends City Council adopt Ordinance 989-2022 adopting the Department’s proposed “military equipment” use procedure. The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), per CEQA Guidelines Section 15378(b)(2, 5).