BACKGROUND:
Assembly Bill 481 was signed into law on September 30, 2021, by Governor Gavin Newsom and became effective on January 1, 2022. AB 481 identifies certain law enforcement equipment as “military equipment” and requires a governing body to oversee all future purchases and its application of use of said military equipment. The Cathedral City Police Department is proposing the City Council support and approve its current inventory of specialized equipment and adopt its “Use Policy”, related to military equipment, by Ordinance, as is now required by AB 481.
The ordinance was introduced and provided first reading on March 23, 2022.
DISCUSSION:
On September 30, 2021, California Governor Gavin Newsom signed Assembly Bill 481 (AB481), which became effective January 1, 2022. The bill requires the Cathedral City Police Department create a Military Equipment Use Policy which must be adopted by the City by May 1, 2022. Due to recent events in our nation, the public has asked state and local leaders to enact law enforcement reforms and setting state-wide standards for safe de-escalation techniques.
AB481 identifies certain law enforcement equipment as “military equipment” and requires oversight from a governing body for purchase and usage of what the bill has deemed military equipment. For the Cathedral City Police Department, the governing body is the City Council. The purpose of this request is to seek approval and support from the City Council in adopting the police departments current inventory (specialized equipment) and its use. The Use Policy establishes an on-going standard and policy for safe de-escalation techniques and military equipment use/application which is attached as required by AB481.
The list of identified “military equipment” is currently deployed by law enforcement agencies in this county, surrounding counties and throughout the State of California, as well as law enforcement organizations across the nation. AB481 lists equipment that is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment. Locally, the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) have endorsed the list of specialized equipment which is already in use across the county. For additional context, the Cathedral City Police Department has acquired these tools with previous city council approval either during the bi-annual budget process, or as an individual agenda item purchase.
Specialized police equipment is used only by highly trained and experienced law enforcement professionals. The list of itemized equipment is attached as required by AB481. This inventory list ranges from modernized tools and aerial drones whose primary purpose is the preservation of human life when utilized in responding to critical incidents, which often involve high-risk apprehension, search and rescue, fast responses to catastrophic events, reduce liability of physical injury to public and department personnel, and allow for de-escalation tactics during high-risk encounters with armed violent suspects. The tools, equipment, and resources can function as a force multiplier in some cases to reduce manpower hours and is ultimately a cost savings to the city.
Riverside County law enforcement agencies are responsible for ensuring the highest standard of public safety, protect and serve members of the community, and apprehend criminal offenders. To help achieve and maintain the highest standard of public safety, law enforcement receives support from our elected officials who are committed in funding operational needs, which includes the approval to purchase and finance necessary tools, protective gear, and specialized equipment for the purpose of helping protect and save lives and property. With the city council’s partnership and approval, law enforcement can operate with the most advanced technology, equipment, and resources available with the goal to protect and serve the community with increased effectiveness, be prepared for the unexpected, and ultimately save lives with a uniform response standard by all law enforcement agencies across all jurisdictions within the county.
Although most tools, equipment, and resources listed as military equipment in AB481 are found in a military environment and may be similar in nature, the application in which the equipment is used is significantly different for public safety and law enforcement. Attached in the agenda packet you will find a list of specialized equipment definitions and an inventory list for the police department.
Pursuant to AB 481 the City Council may approve the acquisition and use of military equipment if it determines all of the following:
a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
b) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c) If purchasing the equipment, the equipment is reasonably cost effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and
d) Prior military equipment use by the US Military is consistent with the military equipment use policy of the local law enforcement; or, if not consistent, the local law enforcement agency has taken corrective action to remedy nonconforming uses and ensure future compliance.
This staff report is included for the second reading of the ordinance by the City Council of Cathedral City.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
None