AGENDA
ITEM
5 CITY COUNCIL
CALEXICO
are Call nade Card More The
AGENDA STAFF REPORT
DATE: March 1, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio, City Manager Cumma Calehi REVIEWED BY: Sandra I. Fonseca, Interim Finance Director
1. Serano, Interim Poice Chie S
PREPARED BY: Jesus J
SUBJECT: Second Reading and Adoption of Ordinance No. 1228 - An Ordinance of the City Council of the City of Calexico, Adding Chapter 13 to the Calexico Municipal Code in Regard to Adopting a Military Equipment Use Policy for the Calexico Police Department ==================================================
Recommendation:
Staff recommends City Council adopt the second reading of Ordinance No. 1228 - An Ordinance of the City Council of the City of Calexico, adding Chapter 13 to the Calexico Municipal Code in regard to adopting a Military Equipment Use Policy for the Calexico Police Department.
Background:
AB481 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body via the adoption of a Military Equipment Use Policy by Ordinance prior to the LEA funding, acquiring, or using military equipment. The Calexico Police Department seeks City Council approval of the attached Military Equipment Use Policy 706 to allow Calexico Police Department to continue using the vital equipment specified therein and purchase said equipment as needed.
Effective January 1, 2022, LEAs within California are required to abide by the rules set forth within AB 481, defining military equipment, AGENDA requiring approval by the City Council, and public engagement for the ITEM use and acquisition of military equipment. The Calexico Police Department has responsibly purchased and utilized this equipment within our community for decades without misuse or abuse. AB 481 5 requires a LEA to make public its policy on the LEA website for at least thirty (30) days before a mandatory public hearing where the public may comment on the policy before City Council decides to adopt it or not. The policy was published on October 13, 2022, on the city website for the public.
The term "military equipment," as used in AB 481, does not necessarily indicate the equipment the military has used. "Military equipment" includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long-range acoustic devices, and flashbangs. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. These tools have been tested in the field and are used by LEAs to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within the Calexico Police Department.
Discussion and Analysis:
The Calexico Police Department has followed the requirements per AB 481 in creating a military Equipment use policy (Calexico Police Policy 706) and posted it on the department's website for the public to view and provide comments, complaints, and concerns. Calexico Police Policy 1020 is also posted on the departments website. It provides an established process for the public to send comments, complaints, and concerns to be addressed promptly and appropriately. Therefore, it is requested that the Council review and approve the attached Military Equipment Use Policy, Military Equipment Inventory, and Ordinance to adopt the Military Equipment Use Policy and provide the Chief of Police direction to bring back the Ordinance for its first reading and introduction after the 30-day online publication requirement of the Military Equipment Use Policy is satisfied.
At the City Council Meeting of February 15, 2023, the city council approved the introduction and first reading of the Military Ordinance in accordance with AB481.
During the meeting the City Council approved the first reading for 120 days to explore and research the need of the valuable tools for law enforcement use. The City Council would take the 120 days to study and establish recommendations tor the approval of Military Equipment Policy 706. Staff recommends approval and adoption of the second reading of the ordinance.
Fiscal Impact:
There will be no financial impact on the Calexico General Fund Budget.
Coordinated With:
City Manager's Office.
City Finance Director
City Attorney.
2 Attachments):
1. Ordinance No. 1228 - An Ordinance of the City Council of the City of Calexico, Adding Chapter 13 to the Calexico Municipal Code in regard to adopting a Military Equipment Use Policy for the Calexico Police Department.
2. Lexipol policy 706.
3. Military equipment inventory.
ORDINANCE NO. 2023-1228
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO, ADDING CHAPTER 13 TO THE CALEXICO MUNICIPAL CODE IN REGARD TO ADOPTING
A MILITARY EQUIPMENT USE POLICY FOR THE CALEXICO POLICE
DEPARTMENT
THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
1. Purpose:
Recently, the State of California adopted Assembly Bill No. 481, which, among other things, requires a law enforcement agency to obtain approval of the applicable governing body by adopting a military equipment use policy by ordinance adopted at a regular meeting of the governing body held pursuant to the applicable open meeting laws.
The purpose of this ordinance is to adopt the necessary policy required by Assembly Bill No. 481.
2. Findings:
The City Council finds as follows:
(a) Assembly Bill 481 (California Government Code Sections 7070 through 7075), relating to the use of "military equipment" by law enforcement agencies, as that term is defined by Government Code Section 7070, became effective January 1, 2022; (b) Assembly Bill 481 now requires that before taking certain actions relating to the funding, acquisition, or use of military equipment, a law enforcement agency must have City Council approval of a military equipment use policy;
(c) The Calexico Police Department has developed such a Policy in coordination with Lexipol. The policy is contained in the Calexico Police Department Policy Manual as Policy 706. (d) The Calexico Police Department posted the draft policy on its website on September 1, 2022, and more than 30 calendar days had elapsed before the date of Council that the first reading of this ordinance was listed on the Council's agenda and the policy shall remain posted on that website during the entire period of its use;
(e) Assembly Bill 481 allows the City Council to approve the funding, acquisition, or use of military equipment within the city when it makes specified findings at a duly noticed regular meeting of the City Council; and
(f) At a regularly scheduled meeting of the City Council, during an open session, held on February 15, 2023, conducted pursuant to open meeting laws contained in the Ralph M. Brown Ordinance No. 2023-1228
Act, the City Council considered Policy 706, the presentation of the Police Department and any public testimony and based upon thereon, the City Council finds as follows:
(i) The use of military equipment, as that term is defined in Assembly Bill No. 481, is necessary because there is no reasonable alternative to that sort of equipment that can efficiently achieve the same objective of officer and civilian safety. (ii) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(iii) Experience shows that when purchasing the equipment, the equipment defined as "military equipment" in Assembly Bill No. 481 is reasonably cost-effective compared to available alternatives that do not meet the definition of "military equipment" set forth in Assembly Bill No. 481, that can achieve the same objective of officer and civilian safety; and (iv) Prior use of equipment by the Calexico Police Department that is now defined as "military equipment" by Assembly Bill No. 481, complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy non-conforming uses and ensure future compliance.
(g) The Policy will be maintained by the Calexico Police Department, which will submit an annual report to the City Council and hold a community engagement meeting, as required by Govt. Code Section 7072 if it determines to renew this ordinance beyond its one-year term. (h) This Ordinance will be in effect for a period of 120 days
3. Amendment of the Calexico Municipal Code:
The Calexico Municipal Code is hereby amended to add Chapter 13.1, which shall read as follows:
CHAPTER 13 - POLICE DEPARTMENT USE OF MILITARY EQUIPMENT.
13.1.000 - Definitions.
(a) "City" means any department, agency, bureau, and/or subordinate division of the City of Calexico.
(b) "City Council" means the Calexico City Council's legislative body. (c) "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur. (d) "Military Equipment" includes all the following:
Ordinance No. 2023-1228
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles with a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are expressly excluded from this subdivision.
4. Tracked armored vehicles provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles are either built or modified to facilitate public safety units' operational control and direction.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
Ordinance No. 2023-1228
14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, "bean bag," rubber bullets, and specialty impact munition (SIM) weapons.
15. Any other equipment, as determined by a governing body or a state agency, requires additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(e) "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all the following:
1. A description of each type of Military Equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy include which independent persons or entities have oversight authority and, if applicable, what legally enforceable sanctions are put in place for policy violations.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
Ordinance No. 2023-1228
"Police Department" means any division, section, bureau, employee, volunteer, and/or contractor of the Calexico Police Department.
(g) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(h) "Type" means each item that shares the same manufacturer model number.
13.1.010 - Military Equipment Use Policy Requirement.
(a) The Calexico Police Department shall obtain approval of the City Council by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. 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.
3. Acquiring Military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the City of Calexico territorial jurisdiction.
5. Using any new or existing Military Equipment for a purpose, in a manner, or ch a person not previously approved by the governing body pursuant to this
6. 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.
7. Acquiring Military Equipment through any means not provided by this section. (b) If seeking to continue using any Military Equipment acquired prior to January 1, 2022, the Calexico Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Ordinance No. 2023-1228
Equipment Use Policy submitted pursuant to this Chapter, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Calexico Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this Chapter. (c) In seeking the approval of the City Council, the Calexico Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue. (d) The City Council shall only approve a Military Equipment Use Policy pursuant to this Chapter if it determines all the following:
1. Military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment uses complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy non-conforming uses and ensure future compliance. (e) To facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use. (f) The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
13.1.020 - Use in Exigent Circumstances.
(a) Notwithstanding this chapter's provisions, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
Ordinance No. 2023-1228
(b) If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all the following actions:
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state, or federal law.
2. If it is anticipated that the user will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition, and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
13.1.030 - Reports on the Use of Military Equipment.
(a) The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval and annually thereafter for as long as the Military Equipment is available for use.
(b) The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
(c) The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
Ordinance No. 2023-1228
6. If the law enforcement agency intends to acquire additional Military equipment in the next year, the quantity sought for each type of Military Equipment. (d) Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
(e) The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this Chapter and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment O1
require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
13.1.040 - Severability.
(a) If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. (b) The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
4. Affirmation of Policy 706:
The Council hereby affirms all provisions set forth by Calexico Police Department Policy 706.
5. Direction to City Manager:
The City Manager is directed to execute all documents and to perform all other acts necessary to implement this ordinance.
Ordinance No. 2023-1228
6. Severability:
If any provision, section, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid oi unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one ot more sections, paragraphs, subparagraphs, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
7. Effective Date :
This ordinance shall be effective thirty (30) days after its adoption, and will be in effect for one hundred and twenty (120) days. The City Clerk shall cause a certified copy or summary of this ordinance to be published one time within fifteen (15) days after its adoption in a newspaper of general circulation printed in Imperial County and circulated in the City of Calexico.
APPROVED, PASSED, AND ADOPTED at a regular meeting of the City Council held on the 1"' day of March, 2023.
Javier Moreno, Mayor
ATTEST:
Gabriela T. Garcia, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
Ordinance No. 2023-1228
State of California )
County of Imperial ) S.S.
City of Calexico
I, Gabriela T. Garcia, City Clerk, do hereby certify the above Ordinance No. 2022-1228 was introduced at a regular meeting held on the 15'" day of February 2023, and duly adopted by the City Council of the City of Calexico, California at a regular meeting thereof held the 1" day of March, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabriela T. Garcia, City Clerk
Policy Calexico Police Department
706 Calexico PD Policy Manual Revised December 2021
Military Equipment
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 elected or appointed body that oversees the Calexico Police 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 firearms.
• 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.
Copyright Lexipol, LLC 2022/02/28, All Rights Reserved. Military Equipment - 530 Published with permission by Calexico Police Department Calexico Police Department
Calexico PD Policy Manual Revised December 2021
Military Equipment
706.2 POLICY
It is the policy of the Calexico 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 Calexico Police Department, or the equipment the Calexico Police 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 Calexico 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.
Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
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) 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 Calexico Police Department will respond in a timely manner. 706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Calexico Police Department:
[Insert attachment herel
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 policy. As part of the approval process, the Chief of Police 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):
Copyright Lexipol, LLC 2022/02/28, All Rights Reserved. Military Equipment - 531 Published with permission by Calexico Police Department Calexico Police Department
Calexico PD Policy Manual Revised December 2021
Military Equipment
(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 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. 706.7 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 department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Calexico Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Calexico Police Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexipol, LLC 2022/02/28, All Rights Reserved. Military Equipment - 532 Published with permission by Calexico Police Department Calexico Police Department Military Equipment Inventory
1. AR-15/M-4 Weapons defined under 30510 & 30515
AR-15/M4 5.56/.223 caliber style rifles that function in semi-auto capabilities Specialized firearms and ammunition.
A. Quantity, description, capabilities, and purchase cost:
• 40 (Forty) Smith and Wesson AR-15 patrol rifles capable of accurately engaging an armed subject at various distances. The Patrol rifle is a lightweight, gas-operated, air- cooled, magazine-fed, shoulder-fired weapon designed for semi-automatic fire. The patrol rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. COST: $1,260.00 • The .223/5.56mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. Ammunition cost: 5.56 Duty Winchester Bonded, $468.00 per 500 round box / 5.56 Winchester FMJ $459. per 500 round box.
• Authorized Use: Only members that are POST certified Peace Officers and have completed the POST Firearms/Tactical Rifle Course.
2. UMP-40 Weapons defined under 30510 & 30515
A. Quantity, description, capabilities, and purchase cost:
• 2 (Iwo) H&k UMP-40 patrol rifles capable of accurately engaging an armed subject at various distances. The special duties rifle is a lightweight, gas-operated, air-cooled, magazine-fed, shoulder-fired weapon designed for semi-automatic fire. The special duties rifle does not have a service life expectancy and will need to be serviced or replaced when the rifle fails or breaks. COST: $1,135.00 • The . 40mm NATO cartridge is capable of penetrating soft body armor worn by armed subjects. Ammunition cost: 40 Duty Winchester Bonded, $379.00 per 500 round box / .40 Winchester FMJ $313.00 per 500 round box.
• Authorized Use: Only members that are POST certified Peace Officers and have completed the POST Firearms/Tactical Rifle Course.
3. Light Sound Diversionary Device (Flashbang)
A. Quantity, Description, Capabilities, and Purchase Cost:
• 15 (Fifteen) Steel Defense Technology M-25 reloadable gun bodies • 13 (Thirteen) fuses. The noise/flash diversionary device (NFDD) has become an essential tool for law enforcement tactical teams. Manufacturers of NFDDs have developed training devices to simulate the operational characteristics of standard NFDDs Calexico Police Department Military Equipment Inventory realistically. Although the energy released from the training model is insufficient to use the irritant powder modules, other accessories may be used for the same purposes that they might be used operationally. Examples include trip wiring, perimeter protection, remote initiation, and attaching lanyards for retrieval. The fuse is the most important part of a pyrotechnic munition. Combined Tactical Systems (CTS) Inc. has taken the standard military
• M201A1 and fuse improved it to provide increased consistency, reliability, and safety.
The Steel Defense Technology M-25 reloadable gun body service life is 25 deployments per unit and will need to be replaced.
• The M201A1 fuse for this system has 10 times the output of a normal M201 fuse, and it is threaded with a left-hand thread so it cannot be accidentally used in any other munitions. The Model M201A1 produces an audible output of about 175db with a light level of 6-8 million Candelas, Light Duration of 10 Milliseconds. The base contains a standard 3/8-16 UNC thread at its center, allowing attachment of numerous accessories, including a Clamp, Stake, Eye Bolt, Magnet, and Shock Tube. COST: $31.01.
B. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous, and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
C. Authorized Use: Only officers who have received POST certification or manufacturer-specific training in the use of Noise Diversionary Devices.
D. Expected Lifespan: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used.
3. Projectile Launchers:
Quantity, Description, Capabilities, and Purchase Cost:
Federal Laboratories Model 203-A
• 2 (Two) 37mm single shot, deploys high and low impact rubber munitions, deploys chemical and smoke munitions. SWAT personnel use only unless authorized by Crisis Response Unit Commander.
• Special Training
• Authorized use by officers with POST-approved training. 2 Calexico Police Department Military Equipment Inventory There is no fiscal impact on this equipment other than the replacement of munitions used. • 37mm Launchers - No expiration.
Munitions - 5 years
F&N 303 Technology Launcher
• 2 (Two) The FN 303 is a .68mm shoulder-fired, less lethal launcher capable of firing various projectiles, including impact, paint, markers, Pava/OC powder, and training rounds. It is constructed from durable, lightweight polymer with comfortable ergonomics and an easy-to-operate safety. The FN 303 Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optics or other accessories. The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.
Supervision personnel use only unless authorized by Crisis Response Unit Commander. $763.00, 150 ROUNDS depending on payload $318.00-$517.00 870 pump-action shotgun
Quantity, Description, Capabilities, and Purchase Cost:
• 6 (SIX) Remington 870 12 Gauge Multi-Shot Beanbag Launcher:
• Cost: Unknown, purchased over 25 years ago.
• The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a Less-Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher can launch munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump action launcher, which allows the officer to assess after every spent munition.
Less Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. 12 Gauge, orange-colored stock, and foregrip for quick identification deploy Less-than-lethal Bean Bag Impact Round. • 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance. The bean bag munition is used as a Less Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $6.15 per munition.
• Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
• Authorized Use: Situations for the use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individual(s). 3 Calexico Police Department Military Equipment Inventory
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
• Expected Lifespan:
1. Bean Bag Launchers - No expiration.
2. Bean Bag Munitions - 5 years
Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual weapon system/munition used
• Special Training
• In-house training is provided by certified Less Than Lethal instructors.
4. Munitions:
Projectiles:
• 5 (Five) Ferret Liquid OC liquid rounds 37 mm (Defense Technology) • 150 (One hundred fifty) Drag Stabilized 12-Gauge Bean Bag Rounds (Defense Technology) Initial purchase price of $36.00 per box
• 6 (Six) 12-Gauge rubber pellet Impact Projectiles rounds. (Defensive Technology) Initial purchase price of $25.60 per box
• 2 (Two) 12-Gauge fin-stabilized ferret rounds. (Defense Technology) Initial purchase price of $19.38 per box
• 15 (fifteen) 12-Gauge Ferret OC Powder Projectiles. (Defense Technology) Initial purchase price of $20.67per box
• 2 (two) 12-Gauge Breaching TKO rounds. (Defense Technology) Initial purchase price of $19.38 per box
6. Hand Delivery:
• 5 (Five) #4 CS -Triple-Chaser Grenade is a fast-burning, medium-volume canister. It is a pyrotechnic grenade consisting of three (3) separate canisters pressed together with separating charges between each section. When deployed, this grenade will separate into three (3) distinct sub-munitions spaced approximately 20 feet apart, allowing increased area coverage in a short period of time from one deployment. Designed specifically for outdoor use in crowd management situations, These devices should be deployed in an underhand method that keeps the grenade body moving sideward towards the deployment site. Hand thrown or launched.
• 2 (Two) #519 Federal Handball CS Grenade
Calexico Police Department Military Equipment Inventory • 6 (Six) #518 Federal Riot CS Grenade
• 10 (Ten) Defense Technology #98 CS Grenade
• 5 (Five) Defense Technology #T16 OC Grenade
• Launching of grenades will provide deploying officer's additional stand-off distances. Affords good coverage for large outdoor areas. Cost $49.75 per munition.
• Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
• Authorized Use: Only officers who have received POST certification or manufacturer- specific training in the use of chemical agents are authorized to use chemical agents. • Expected Lifespan:
• All CS - 5 years
• Fiscal Impact: There is no current fiscal impact. The cost for replacement is the cost of the individual round/munition used
7. Glock T17 Simunition handguns
A. Quantity, description, capabilities, and purchase cost:
• 6 (Six) GLOCK Training pistols were developed to enable reality-based tactical operations training with color marking or plastic bullet ammunition. Designed specifically for use with either FX®/FOF or UTX® Ammunition, this pistol offers the same ergonomics and touch-and-feel that officers and soldiers are familiar with in their service pistol. This GLOCK Safe Action® Force-on-Force training pistol is distinctive blue with a revolutionary slide with polymer inserts in order to make it visually distinct and lightweight. This distinctive color keeps the training pistol from being mistaken for a live fire weapon.. COST: $514.99.
• Ammunition cost: .9mm marking rounds, $44.500 per 50-round box
8. Command and control center.
A. Quantity, description, capabilities, and purchase cost:
• 1 (One) 2001 Ford Motorhome type mobile command center. The Calexico Police Department currently has in its inventory a command-and-control vehicle (RV) used in high-profile incidents. The vehicle is used as a command post (EOC) to coordinate police and fire responses to critical incidents. The vehicle is equipped with a boom 5 Calexico Police Department Military Equipment Inventory camera that an Officer can electronically raise for an elevated line of sight of 360 degrees. The rear portion of the vehicle can be used as a communication center and, due to its mobility during hot weather, can serve as a mobile cooling station. • The initial purchase price is unknown due to the purchase being over ten years prior. The money used to purchase this vehicle was from a grant.
• Status: Inoperable