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Burbank Police Department
Michael Albanese, Chief of Police
Policy
709
Approved:
CALEA
Effective Date: March 10, 2022
CHAPTER 7 - EQUIPMENT
Military Equipment
709.1 PURPOSE AND SCOPE
This policy provides guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that 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, except for standard-issue firearms.
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Burbank Police Department
Michael Albanese, Chief of Police
Policy
709
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.
709.2 POLICY
It is the policy of the Burbank Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Administrative Division Captain is the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as a 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 Burbank Police 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.
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Burbank Police Department
Michael Albanese, Chief of Police
Policy
709
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring the report is made available on the Department website (Government Code § 7072). g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
- See the Annual Military Equipment Report by clicking HERE.
709.5 APPROVAL
The Burbank Police Department or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Burbank Police Department or the authorized designee shall ensure the proposed military equipment 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 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.
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Burbank Police Department
Michael Albanese, Chief of Police
Policy
709
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment 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 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 all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in inventory.
709.8 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.
709.9 COMPLIANCE
1. The Administrative Division Captain will ensure that all Department members comply with this policy. The Administrative Division Captain will conduct an annual audit with the assistance of the Professional Standards Bureau. All instances of noncompliance will be reported to City Council via the annual Military Equipment use report.
2. Any member of the public can register a question, concern, or complaint regarding Military Equipment use either in person or telephonically by contacting the Burbank Police Department's Community Outreach and Personnel Services Bureau (818-238-3231). Complaints may also be submitted electronically via the Police Department's website at:
https://www.burbankpd.org/online-services/complaint-form/ A response to the question, concern, or complaint shall be completed by the Department in a timely manner.
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