1 STAFF REPORT
DATE: April 12, 2022
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
BY: Brent Fekety, Sergeant
Christine Alles, Senior Administrative Analyst
SUBJECT: Introduction of an Uncodified Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481
RECOMMENDATION
Introduce AN UNCODIFIED ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A MILITARY EQUIPMENT FUNDING, ACQUISITION, AN D USE POLICY PURSUANT TO ASSEMBLY BILL 481 (ATTACHMENT 1)
BACKGROUND
On September 30, 2021 Governor Newsom signed into law AB 481 (A ttachment 3 – Bill Text), which went into effect on January 1, 2022 and adds Calif ornia Government Code Sections 7070 through 7075 relating to the funding, acquisition , and use of military equipment by local law enforcem ent agencies. The bill identifie s fifteen main categories of military equipment and stipulates the following:
1. A law enforcement agency shall obtain approval of a military equipment use policy via adoption of an ordinance by i ts governing body (i.e. City C ouncil) prior to funding, acquiring, or using such equipment, as defined. The policy must be posted on the law enforcement agency’s website at least 30 days prior to the City Council meeting.
2. A law enforcement agency seeking to continue use of any mili tary equipment, as defined, and acquired prior to January 1, 2022, shall commence a governing body approval process no later than May 1, 2022.
3. If approved, the military equipment use policy and an annual military equipment report shall be published on the law enforcement agency’s websi te. The report POLICE
DEPARTMENT
2 shall include information relevant to the preceding calendar ye ar and contain a summary of each type of military equipment used by the agency, a summary of complaints concerning the equipmen t, the results of any interna l audit pertaining to violations of the military equi pment use policy, the total a nnual cost of any military equipment and quantity po ssessed, and any intentions t o acquire additional military equipment in the next year.
4. Within 30 days of releasing it s annual military equipment report, a law enforcement agency shall hold at least one community engagement meeting to allow the public to ask questions and discuss the report.
AB 481 further allows the governing body to adopt an ordinance approving a military equipment use policy only if it determines that the military eq uipment meets specified standards as set forth in California Government Code Section 7071, subdivision (d). After approval, the ordinance is subject to annual City Council revie w to determine whether, based on the annual military equipm ent report, the standards se t forth in the bill have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular equipment where standards have not been met, or require modifications to the military equipment use policy.
DISCUSSION
AB 481 was introduced to increase transparency and accountabili ty for the funding, acquisition, and use of military equipment by state and local l aw enforcement agencies.
The legislation includes a broad definition of what constitutes “military equipment”, including items such as drones that are commonly used in everyday society by members of the public and have been effectively deployed for many years by law enforcement agencies to respond to emerging threats, civil unrest, and mass casualty events.
Furthermore, several of the items the bill defines as “military equipment” are not necessarily used by the military but are less-than-lethal, stan dard issue equipment for peace officers. While possession of such equipment does not warrant its use in common circumstance, this essential equ ipment is deployed based on sit uational necessity to effectively de-escalate intense situations or bring volatile conditions and critical incidents to a safe resolution.
In compliance with AB 481, the Burbank Police Department has dr afted the proposed Military Equipment Policy (Attachment 2) and accompanying Military Equipment Inventory for City Council approval via adoption of the attached ordinanc e. The Department currently possesses twelve different types of items that fall u nder the military equipment classifications delineated in AB 481. All equipment was funded and acquired either through Council-approved annual budgets, grant funding, or the Department of Defense
3 (DoD) Law Enforcement Support Program1. The availability of such instruments enables the Department to minimize risk to members of the community and officers during dynamic and unfolding high risk inci dents, maintain a state of readiness through continuous training and familiarity with such equipment, and strategically fulfill its mission to protect life and property.
The proposed policy meets the requirements of AB 481 and includ es an inventory detailing each type of military equipment possessed by the depa rtment and its quantity, authorized use, fiscal impact, and training requirements. The policy further designates a Military Equipment Coordinator to oversee compliance and requires City Council approval of the policy prior to the funding (grants, donations, local fu nds, etc.), acquisition (1033 program, purchase, lease, etc.) , or continued use of military e quipment. The proposed policy and inventory were post ed on the Department’s website 2 on March 10, 2022 for public viewing, and if approved vi a ordinance, the Department w ill thereafter submit a Military Equipment Report along with the approved policy for Ci ty Council review on an annual basis.
FISCAL IMPACT
There is no fiscal impact associated with this report. The prop osed policy dictates that future funding and acquisition of new military equipment will r equire Council review and approval.
CONCLUSION
The Burbank Police Department i s committed to transparency, pub lic trust, community partnerships, and compliance with the law. As such, the Depart ment recommends City Council introduce an uncodified ordinance to establish a Milita ry Equipment Policy and permit the acquisition, funding, and continued use of this esse ntial equipment pursuant to AB 481.
ATTACHMENT
Attachment 1 – Ordinance
Attachment 2 – Proposed Policy and Military Equipment Inventory Attachment 3 – AB 481 Bill Text
1 The Law Enforcement Support Program (formerly 1033 Program) allows for the transfer of DoD property to federal and state agencies for law enforcement operations. The Burbank Police Department currently possesses 36 rifles acquired through the program. These rifles were acquired in 1998 and 2003 and are not deployed in field operations.
They are used for training and ceremonial purposes only. 2 https://www.burbankpd.org/inside‐bpd/professional‐accountability/