B0785-0001\2652544v1.doc
AGENDA REPORT
Meeting Date: April 26, 2022
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481 Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481.”
INTRODUCTION
At its meeting of April 12, 2022, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
In accordance with Assembly Bill 481, the Beverly Hills Police Department shall obtain approval from the City Council, through a City ordinance, which a adopts a Military Use Policy. This ordinance grants the Beverly Hills Police Department approval to continue to utilize “military equipment” as defined by California Government Code section 7070.
FISCAL IMPACT
There is no fiscal impact at this time as this equipment has been previously purchased.
Laurence S. Wiener
City Attorney
Approved By
BEVERLV
HILLS
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Attachment 1
B0785-0001\2642520v7.doc
ORDINANCE NO. 22-O-___
AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A
MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH
ASSEMBLY BILL 481
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, on September 30, 2021, the State Legislature enacted Assembly Bill 481 (“AB 481”), adding sections 7070 et seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring military equipment, as defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency’s internet website; and
WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and
WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills; and WHEREAS, in accordance with Government Code Section 7071(a)(2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May 1, 2022; and
WHEREAS, in accordance with Government Code Section 7071, the Beverly Hills Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Beverly Hills Police Department’s website on March 10, 2022. Said posting is more than 30 days prior to the April 12, 2022 City Council meeting.
WHEREAS, Ordinance No. ____ and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 12, 2022, at which time the public had the opportunity to comment on Ordinance No. ____ and the proposed military equipment use policy.
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B0785-0001\2642520v7.doc
NOW, THEREFORE,
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.
Section 2. Legislative Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 12, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:
A. The military equipment identified in Beverly Hills Police Department Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
B. The proposed military equipment use policy (Beverly Hills Police Department Policy 706) will safeguard the public’s welfare, safety, civil rights, and civil liberties for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
C. The military equipment identified in Beverly Hills Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
D. Prior to the adoption of Beverly Hills Police Department Policy 706, the Beverly Hills Police Department was not required to have and did not have a specific policy relating to the use of military equipment. Any improper use of Departmental equipment or alleged violations of Department policies were evaluated and reviewed with corrective action taken pursuant to Policy 1010 when appropriate. After the adoption of this Policy, the designated Military Equipment Coordinator will ensure future compliance with this Policy.
Section 3. Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Beverly Hills Policy Department Policy 706 as set forth in the attached Exhibit A and incorporated by this reference.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. -3-
B0785-0001\2642520v7.doc
Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Section 7. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
Adopted:
Effective:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER
City Attorney
GEORGE CHAVEZ
City Manager
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B0785-0001\2642520v7.doc
EXHIBIT A
MILITARY EQUIPMENT USE POLICY
Policy
706
Beverly Hills Police Department
BHPD Policy Manual
Copyright Lexipol, LLC 2022/04/20, All Rights Reserved.
Published with permission by Beverly Hills Police Department Military Equipment Use Policy - 1
Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The City Council of the City of Beverly Hills which oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue weapons.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Beverly Hills Police Department
BHPD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/04/20, All Rights Reserved.
Published with permission by Beverly Hills Police Department Military Equipment Use Policy - 2
706.2 POLICY
It is the policy of the Beverly Hills Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Implementing the procedure for a person to submit a complaint,concern, or question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
All military equipment maintained by the Beverly Hills Police Department shall be inventoried and logged with the following information:
(a) The description of each type, including the manufacture's description of the equipment. (b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going annual maintenance. (f) The quantity of the equipment, whether maintained or sought. (g) The legal and procedural rules that govern the authorized use.
Beverly Hills Police Department
BHPD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/04/20, All Rights Reserved.
Published with permission by Beverly Hills Police Department Military Equipment Use Policy - 3
(h) The training that must be completed before use.
CURRENT MILITARY EQUIPMENT INVENTORY
Refer to attached for the Beverly Hills Police Department's Military Equipment Inventory.
Military Equipment Inventory.pdf
MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to the pre-authorized quantity approved by City Council, of stock in a calendar year in accordance with the annual military equipment report and this policy. 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment use policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment use policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment use policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity Beverly Hills Police Department
BHPD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/04/20, All Rights Reserved.
Published with permission by Beverly Hills Police Department Military Equipment Use Policy - 4
with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment use policy, the Chief of Police or the authorized designee should submit a military equipment use report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The governing body shall determine whether each type of military equipment identified in the annual report complies with findings at the time this policy was adopted. If it is determined that a type of military equipment in the annual report has not been compliant, City Council may either disapprove a renewal of the authorization or require that modifications be made.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include, at minimum, all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 PUBLIC QUESTIONS, CONCERNS AND COMPLAINTS
In accordance with Government Code § 7070, a person may register a complaint or concern, or submit a question about the use of a type of military equipment.
Any member of the public may ask questions, register concerns, or make complaints by submitting a "Military Equipment Use Inquiry and Complaint Form" on-line via the Beverly Hills Police Department's website. The receipt, processing, investigation, and response will be handled by the Department's Professional Standards Unit.
706.10 COMPLIANCE
The designated Military Equipment Coordinator will ensure that all Department members comply with this policy. Any alleged violations of this policy will be investigated pursuant to Policy 1010 and may be subject to disciplinary action. The Beverly Hills City Manager has final oversight authority over the use of military equipment.