1 STAFF REPORT
DATE: April 11, 2023
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
BY: Courtney Padgett, Police Administrator
SUBJECT: Review the 2022 Military Equipment Annual Report and Renew Ordinance 22-3,974, Approving the Military Equipment Funding, Acquisition, and Use Policy
RECOMMENDATION
1. Approve the 2022 Military Equipment Annual Report (Attachment 1).
2. Renew Ordinance 22 -3,974, thereby approving the Police Department’s military equipment funding, acquisition, and use policy (Attachment 2).
BACKGROUND
On September 30, 2021, Governor Newsom signed into law A ssembly Bill (AB) 481 (Attachment 3), which went into effect on January 1, 2022 , and add ed California Government Code Sections 7070 through 7075 relat ing to the funding, acquisition, and use of military equipment by local law enforcement agencies . The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance no later than May 1, 2022.
On an annual basis thereafter, an agency is required to publish a military equipment report to its website and hold at least one community engagement meeting t o allow the public to ask questions and discuss the report . The annual report shall include a summary of each type of military equipment , its intended purpose, how each type of equipment was used by the agency during the preceding year , a summary of any complaints received concerning the equipment, the results of any internal audits pertaining to violations of the
POLICE DEPARTMENT
2 military equipment use policy, the total cost for each type of equipment , and quantity possessed.
AB 481 further requires the governing body , at least annually, to review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment and vote on whether to renew the ordinance. The City Council may renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).
DISCUSSION
AB 481 was introduced to increase transparency and accountability for the funding, acquisition, and use of military equipment by state and local law enforcement agencies.
The legislation includes a broad definition of what constitutes military equipment, including items such as unmanned aerial vehicles (UAVs , commonly referred to as drones) that are regularly 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, standard issue equipment for peace officers. While possession of such equipment does not warrant its use in common circumstance, this essential equipment is deployed based on situational necessity to effectively de- escalate intense situations or bring volatile conditions and critical incidents to a safe resolution.
In compliance with AB 481, in 2022 t he Burbank Police Department (Department) developed a m ilitary equipment policy (Attachment 4) and accompanying m ilitary equipment inventory. The policy and inventory were posted for public viewing on the Department’s website and approved by City Council at the April 26, 2022, City Council meeting through the adoption of Ordinance number 22-3,974.
In accordance with the an nual requirements set forth in AB 481, t he Department completed the 2022 Military Equipment Annual Report. The Department currently possesses 11 types of items that fall under the military equipment classifications delineated in AB 481. All equipment was funded and acquired either through Council - approved annual budgets or grant funding. The availability of this equipment enables the Department to minimize risk to members of the community and officers during dynamic and unfolding high- risk i ncidents, maintain a state of readiness through continuous training and familiarity with such equipment, and strategically fulfill its mission to protect life and property. The annual report includes an inventory detailing each type of military equipment possessed by the Department and its quantity, authorized use, fiscal impact, 3 and training requirements. The report also summarizes usage of each type of equipment and complaints received regarding the equipment during calendar year 2022.
The Department’s 2022 Military Equipment Annual Report was made available for public review through placement as an item of business on the agenda at the January 18, 2023, meeting of the Burbank Police Commission. At this public meeting, the Department provided a presentation to the Police Commission summarizing the annual report. The report was posted on the Department’s website on January 19, 2023.
On February 15, 2023, t he Department and the Police Commission co -facilitated a community engagement meeting to provide community members the opportunity to comment on, discuss , and ask questions regarding the annual report . The community engagement meeting was advertised through City and Department websites, postings on City and Department social media platforms, and announcement at a regular City Council meeting. Held at the City’s Community Services Building, the meeting was broadcast live and recorded for future viewing on the City’s website and Youtube channel. T he Department presented a summary of the annual report and members of the community had the opportunity to provide both in-person and telephonic public comment, discuss the report, and ask questions. Immediately following the community engagement meeting, the Police Commission held its regular monthly meeting and engaged in additional discussion about the report, equipment, and equipment usage, and provided another opportunity for both in-person and telephonic public comment. Following this discussion, the Commission voted unanimously to accept the Department’s 2022 Military Equipment Annual Report and recommended that City Council approve the report as submitted.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact associated with this report. The military equipment annual report outlines the fiscal impact associated with each item of equipment. Requests for future funding and acquisition of new military equipment will require City Council review and approval. The City recently received notification of grant funding awarded through the 2022 Urban Areas Security Initiatives (UASI) p rogram, that includes funding for several proposed projects which would be classified as military equipment. This grant application was submitted in 2021 prior to the enactment of AB 481. The grant agreement will be presented to Council for acceptance on April 25, 2023, and specific details regarding each 4 proposed military equipment project, equipment, intended use, training, and costs will be presented to Council at a future meeting for review and consideration for approval.
CONCLUSION
The Burbank Police Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements. The Department recommends City Council approve the 2022 Military Equipment Annual Report and renew Ordinance 22- 3,974, approving the Department’s military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.
ATTACHMENTS
Attachment 1 – 2022 Military Equipment Annual Report
Attachment 2 – Ordinance 22-3, 974 and Military Equipment Policy Attachment 3 – Assembly Bill 481