Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Public Hearing Regarding an Ordinance to Approve a Military Equipment Use Policy
Date: September 13, 2022
Written by: Michael Parish, Chief of Police
Recommendation
It is recommended that the City Council hold a public hearing and introduce an Ordinance Adopting a Military Equipment Use Policy in accordance with AB 481.
Background
Assembly Bill 481 (AB 481), codified in Government Code Sections 7070 through 7075 requires each law enforcement agency (LEA) to obtain approval from their governing body, via adoption of a military equipment use policy by ordinance, prior to that LEA funding, acquiring, or using military equipment. AB 481 requires each law enforcement agency to begin the process of obtaining such approval, otherwise, the LEA can no longer use the existing equipment. Once a policy is adopted, a LEA cannot procure military equipment that is not in the authorized policy, without first revising the policy, which is done by ordinance following a public hearing. A draft Military Equipment Use Policy was available publicly on the City of Cotati website, police department policy page, on June 20, 2022.
The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are 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. The Cotati Police Department (CPD) uses the following equipment that is classified as “miliary equipment” under AB 481:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van) On July 26, 2022, the City Council opened the public hearing on this item and continued it to August 23, 2022. This item was again continued without discussion at the August 23, 2022 meeting. Primary topics of discussion at the July 26, 2022 City Council meeting included coordination with mutual aid agencies and the use of the shotgun with the bean bag rounds.
Following the meeting, Councilmember Sparks provided the attached information to staff on bean bag rounds for distribution to the City Council as additional information.
Shotguns with bean bag rounds
CPD is committed to using the most up to date tools and equipment to safeguard the citizens of Cotati. The above item deemed to be “military equipment” by AB 481 is utilized by CPD, and other LEAs across the country, specifically to reduce risk to community members. This lesslethal force option is the only means currently available to our officers to attempt to resolve encounters with a potentially violent person or person with a weapon from the distance of up to 75 (seventy-five) feet. This item provides police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.
The shotguns used to deploy bean bag rounds by CPD have bright orange forestocks and buttstocks indicating to allied agencies that it is a less-lethal shotgun. CPD does not deploy regular shotguns (we have rifles) so there cannot be confusion between lethal vs less-lethal rounds.
To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide CPD officers with vital tools that facilitate compliance with its stringent use of force policy.
Sonoma County Operational Area Command Vehicle
As defined by AB 481, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units are considered Military Equipment. On behalf of the Sonoma County Operational Area (all cities and the county, within Sonoma County), CPD hosts and operates a 2007 Dodge Command Cargo Van, which was procured through the State Homeland Security Grant Program (SHSGP) in 2006. This van is designated as a Sonoma County Operational Area Command Vehicle. This vehicle is made available for law enforcement purposes to support response (command and control) to active law enforcement deployment including but not limited to planned events, criminal investigations, natural disasters and active threats.
The Command Vehicle currently has one thousand six hundred (1,624) operational miles on the odometer. There are no current plans to replace the Command Vehicle. Images of the vehicle are provided below:
Analysis/Discussion
CPD seeks approval of a military equipment use policy so that it can continue to make use of the following equipment:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van) There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to the CPD mission and will continue to be strictly regulated through internal processes and oversight.
The proposed ordinance would approve the CPD Policy 709, “Military Equipment.” Policy 709 outlines each piece of the above military equipment that is currently owned by the City. The policy also includes the current authorized uses and cost of each item. These particular items, and their stated authorized uses, have been in place prior to the enactment of AB 481. Any future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and Council approval.
Policy 709 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. CPD will create an annual military equipment report, which is expected to be provided in conjunction with the Police Chief’s Annual Report to the Community.
Violations of Policy 709 will be corrected when discovered, in accordance with existing Department policy. All items which are involved in a use of force event will be reviewed, as is already required by existing CPD policy. CPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.
Draft Policy Updates
Following the public hearing on July 26, 2022, there have been two changes to the proposed AB 481 policy. The first was to ensure clarity on mutual aid responses, with changes indicated in redline/strikeout. The second change was to align the AB 481 policy on authorized uses of bean bag shotguns with existing policy (CPD Policy Manual, Section 308.8) to ensure consistency across these policies, as indicated.
Financial Considerations
Compliance with Policy 709 will require additional staff time, including the duties defined by the Military Equipment Coordinator, and additional administrative time creating the annual Military Equipment Report. The staff time required is unknown at this time, but is expected to be up to 80 person hours per year.
Environmental Issues
The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.
Attachments:
Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (PDF)
Additional Information for City Council - Council Member Sparks (PDF)