1 STAFF REPORT
DATE: April 9, 2024
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
BY: Viviana Garzon, Police Administrator
SUBJECT: Review the 2023 Military Equipment Annual Report and Renew Ordinance 22-3,974, Approving the Military Equipment Funding, Acquisition, and Use Policy
RECOMMENDATION
1. Approve the 2023 Military Equipment Annual Report (Attachment 1).
2. R enew O rdinance 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 Assembly Bill (AB) 481 (Attachment 3) into law, effective January 1, 2022. This bill introduced California Government Cod e §7070 through 7075, focusing on the funding, acquisition, and utilization of military equipment by local law enforcement agencies. The legislation mandated that law enforcement agencies intending to fund, acquire, or continue using any military equipment obtained before January 1, 2022, must develop a military equipment use policy. Approval from the agency's governing body through the adoption of an ordinance was required no later than May 1, 2022.
Following the initial adoption of the military equipment use policy, agencies are mandated to annually publish a military equipment report on their website. Additionally, they must host at least one community engagement meeting each year to facilitate public inquiri es and discussions regarding 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 the ordinance that it has adopted approving the funding, acquisition, or use of military equipment and vote on whether to renew the ordinance. 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 §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 known as drones).
These drones 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, manage civil unrest, create crime scene mapping, conduct search and rescue operations for missing persons, and handle mass casualty incidents.
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 accordance with the annual requirements set forth in AB 481, t he Burbank Police Department (Department) completed the 2023 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 incidents, 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, and training requirements. The report also provides a summary of the usage of each type of equipment and outlines any complaints received concerning the equipment. In 2023, the Department did not receive any complaints regarding the inventory or use of the equipment.
3 On November 7, 2023, Council approved the acquisition of additional military equipment, including three unmanned, remotely piloted aircraft (drones), two remotely piloted ground vehicles (micro robots), and six kinetic energy weapons (40- milliliter launchers). T his equipment is not documented in the 2023 report, as it was not acquired by the Department during that year. However, the Department will include the equipment and relevant details in the 2024 report.
COMMUNITY ENGAGEMENT
The Department's 2023 Military Equipment Annual Report underwent public review as an agenda item during the Burbank Police Commission meeting on January 17, 2024. At the public meeting, the Department presented key highlights from the report to the Police Commission. Following this presentation, the report was officially published on the Department's website on January 18, 2024.
On February 21, 2024, the Department and the Police Commission co- facilitated a community engagement meeting in the Council Chamber 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 and postings on City and Department social media platforms. The meeting was also broadcasted live and recorded for future viewing on the City’s website and YouTube channel. During the meeting, the 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. At the conclusion of the presentation, the Police Commission invited members of the public to comment and/or ask questions. Member s of the public were not in attendance at this y ear’s public engagement meeting, nor were there any callers wishing to provide telephonic public comment.
Following the community engagement meeting, the Police Commission held its regular monthly meeting and engaged in additional discussion regarding the report, equipment, and equipment usage, and provided another opportunity for both in-person and telephonic public comment. Following this discussion, the Commission recommended that 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.
4 FISCAL IMPACT
There is no fiscal impact associated with this report. The M ilitary 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 Council review and approval.
CONCLUSION
The Burbank Police Department upholds values of transparency, public trust, community partnerships, and compliance with legal standards. This annual report furthers transparency by offering detailed insights into the acquisition and usage of mil itary equipment by the Department. Furthermore, the report encourages community engagement by facilitating public discussion, feedback, and input on the Department’s military equipment practices, promoting welcomed interaction and collaboration.
ATTACHMENTS
Attachment 1 – 2023 Military Equipment Annual Report
Attachment 2 – Ordinance 22-3, 974 and Military Equipment Policy Attachment 3 – Assembly Bill 481