iteM No.
kq--'PRC,"VED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER ROM: OFFICE OF THE CITY MANAGER
BY: LESLIE R. MURRAY, CHIEF OF POLICE
8111103ZEIM
SUBJECT: MILITARY EQUIPMENT INVENTORY AND PROPOSED MILITARY EQUIPMENT POLICY (PURSUANT TO AB 481)
RECOMMENDATION
That the City Council introduce,
1 0 1 0 1 0 1 0 0 0
California Assembly Bill 481 ("AB 481 ") went into effect on January 1, 2022, and generally requires the Downey Police Department to obtain approval of the City Council of a Military Equipment Use Policy before purchasing, using, raising funds for, or acquiring military tquipment (as defined by California Government Code Section 7070(c)).
The term "military equipment" as used in AB 481 — and as codified in California Government Code Section 7070(c), does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. However, military equipment does include, 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.
NOVA
NUIT11WT F,•Ice r1or to January 1, 211,22 mat tne vown—ey 0--ori--ce-De—partmeln Winen•s to continue using.
In order to commence the approval process, AB 481 requires the Military Equipment Policy-til be submitted to the City Council and posted on the Downey Police Department's website at least 30 days prior to any public hearing where the policy will be considered and adopted by Ordinance.
The proposed Military Equipment Use Policy (which includes an inventory of all military itquipment acquired by the Downey Police Department prior to January 1, 2022, that the Police
MUNICIPAL CODE AMENDMENT — MILITARY EQUIPMENT POLICY ORDINANCE MAY 24, 2022
PAGE 2
Department seeks to continue to use) has been continuously posted on the Downey Police Department's website since March 16, 2022, and was submitted to the City Council on April 13, 2022 — with the public hearing scheduled for May 24, 2022.
IIIIIINMIrem�W, 11 email
a) The military equipment is necessary because there is no reasonable alternative that car. achieve the same objective of officer and civilian safety; W,) The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties;
C) If purchasing military equipment, the equipment is reasonably cost effective compared available alternatives that can achieve the same objective and civilian safety; and, t) Prior military equipment use complied with the Policy that was in effect at that time, or i prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
If the City Council does not approve the continuing use of previously acquired military equipment and the Military Equipment Policy within 180 days of submission to the City Council, the Downey Police Department must cease use of its military equipment until the City Council grants approval.
Attachment A to this Agenda Memo is the proposed Military Equipment Use Policy (Downey Police Department Policy 706) which satisfies the requirements of AB 481 — and which has been posted on the Downey Police Department website for at least 30 calendar days (in accordance with California Government Code Section 7071). The Military Equipment Use Policy also contains an inventory of military equipment acquired by the Downey Police Department prior to January 1, 2022 that the Downey Police Department seeks approval to continue using. The continued use of the military equipment identified in Attachment A is vital fir the Downey Police Department's mission and will be used in accordance with • the Military
Equipment Policy.
Attachment B to this Agenda Memo is the proposed Ordinance to add Chapter 15 ("Military Equipment Policy") to Article 11 ("Administration") of the Downey Municipal Code. The attachI Ordinance will be brought before the City Council for consideration at the same duly noticed public hearing as the Military Equipment Inventory and Military Equipment Policy, and is not being presented to the City Council for adoption at this time.
Efficiency & Adaptability
Quality of Life, Neighborhood & Infrastructure
FISCAL IMPACT
There is no fiscal impact.
AAY a 2022
f L
ATTACHMENTS
Attachment
e 1. Military Equipment Policy Equipment Inventory)
AttachmentAttachment B — Proposed Ordinance
i
481
Military Equipment
706.1
The purpose ofthis policy istoprovide guidelines for the approval, acquisition, and reporting requirements ofmilitary equipment (Government Code §707O;Government Code Q7071�Government Code §7O72).
Definitions related hothis policy include (Government Code §7O7D):
Governing body — The elected or appointed body that oversees the Department.
Military equipment — Includes but imnot limited tothe following:
w Unmanned, remotely piloted, powered aerial orground vehicles. • Mine -resistant ambush -protected (K8FAP) vehicles or armored personnel carriers. ° Highmubi|itymu|tipurpoeew/hee|edvehic|es(HK8MVVV).two'end-onu'ho|f-tontruohn.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 ormodified hnfacilitate the operational control and direction cfpublic safety units.
° VVeaponizedaircraft, vessels, orvehicles ofany kind.
• Battering nams, o|ugo, and breaching apparatuses that are explosive in nature. This does not include ahandheld, one -person ram.
° Firearms and ammunition nf .SOcaliber orgreater, excluding standard -issue shotguns and standard -issue shotgun ammunition.
• Specialized firearms and ammunition ofless than .50oa|iber. including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception ofstandard-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. ° TASERO Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRAOe).
w Kinetic energy weapons and munitions.
w Any other equipment as determined by a governing body or a state agency to require additional overaighL
bisthe policy ofthe Downey Police Department that members cfthis Department comply with the Attachment A
706.3
MILITARY EQUIPMENT COORDINAT01
The Chief ofPolice should shall designate the Professional Standards Sergeant hoact aathe military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
1. Acting as liaison to the governing body for matters related to the requirements of this policy.
2. Identifying Department equipment that qualifies ommilitary equipment inthe current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
3. Conducting eninventory cfall military equipment otleast annually.
4. Collaborating with any allied agency that may use military equipment within the jurisdiction of Downey Police Department (Government Code §7071).
S. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
a. Publicizing the details of the meeting.
b. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
8. 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).
7. 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 Department will respond inetimely manner.
The following constitutes elist mfqualifying equipment for the Department:
Unmanned Aircraft System (UAS): Anunmanned aircraft along with the associated equipment necessary tocontrol it remotely:
a. Description, Quantity, Purchase Coat of Current UA8. and Capabilities i DJ|&1avio2Enterprise w/Smart controller, quantity: 1.cost: $3.722.2O.UAGthat weighs approximately 905 grams and is able to record video with approximately 31minutes offlight time. Includes three (3)flight batteries, obattery charging hub, and propeller guards.
b. Purpose
i. To be deployed when its view would assist officers or incident commanders with the following situotionu, which include but are not limited to:
1 . Major collision investigations
2. Search for missing persons
3. Natural disaster management
4. Crime scene photography
5. SWAT, tactical orother public safety and life preservation missions G. |nresponse bospecific requests from local, state orfederal fire authorities for fire response and/or prevention
o. Authorized Use
i. Only assigned operators who have completed the required training shall be permitted hooperate any UASduring approved missions.
d. Expected Life Span
i. All UAS equipment. 3'5 years
2 e. Fiscal Impact
i Annual maintenance and battery replacement cost isapproximately $1.OUD.00 [ Training
i All Department UAGoperators are licensed bythe Federal Aviation Administration for UASoperation.
g. Legal and Procedural Rules
i. Use ieestablished under FAA Regulation 14CFRPart 1U7.and the City of Downey UASpolicy. |tiathe policy nfthe Downey Police Department tuutilize UAS only for official law enforcement purposes, and in a manner that respects the privacy ofour community, pursuant toState and Federal law.
2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
o. Description, Quantity, Purchase Cost, and Capabilities i. LENCO 8EARCAT. quantity: 1. cnet$270.476.80. The LenonBeomatiuen armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue cf officers urcitizens who may bminjured orinharms way. |tcan stop various projectiles, which provides greater safety to citizens and officers beyond the protection level ofshield and personal body armor.
b. Purpose
i. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
n. Authorized Use
i The use ofarmored vehicles shall only beauthorized byewatch commander or SWAT commander, based on the specific circumstances of given critical incident. Armored vehicles shall beused only byofficers trained intheir deployment and in a manner consistent with Department policy and training. d. Lihuepon
i. LenooBeenoat.25years
e. Fiscal Impact
i. Annual maintenance cost ofapproximately $5.UUD.O0
[ Training
i. All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction
g. Legal and Procedural Rules
i. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant toState and Federal law.
3. 37/40K0K8Launchers and Rounds: 37/4OyNK8Launchers are utilized bydepartment personnel aealess than lethal tool tolaunch impact rounds.
e. Description, Quantity, Purchase Cost, and Capabilities i. Defense Technology LMT Tactical 40MM Single Shot Launcher, quantity: 2, cost:
$1.000eaoh. The 4UK8K8Tactical Launcher ieatactical single shot launcher that haatunam an expandable stock and on adjustable integrated front grip with light rail. It will fire standard 40MM less than lethal ammunition, up to 4.8 inches in cartridge length. |twill launch a4UK8K8less than lethal round upto131feet and iaonly authorized tobeused bytrained personnel.
ii. PennArmoAnwin37N1K8Tactical G-ShotLauncher, quantity: 2.cost: $1.000 each. The37N1YN 6-shot launcher is low profile and |ightweight, providing multi - shot capability in an easy to carrlauncher. |twill launch a37/4OMN1less than lethal round upto131feet and iaonly authorized tobeused bytrained personnel.
iii. Defense Technology 4OK0N1Exact Impact Sponge, #G325.quantity: 5U.cost: $18 each. A less than |etha|4OK8N1 lightweight plastic and foam projectile fired from o single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 325feet per second (FPS). The 3O'gramfoam projectile delivers 12Uft/|bo.of energy onimpact. The 4ON1K8Exact Impact Sponge Round provides accurate 3 and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
iv. Defense Technology 40MM Liquid CS Barricade Penetrator Round, quantity: 12, cost: $23 each. A less than lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. v. Defense Technology 40MM Direct Impact CS Crushable Foam Round, quantity:
50, cost: $30 each. A less than lethal 40MM lightweight crushable foam projectile fired from a single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 295 FPS. The crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40MM round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
vi. Combined Systems (CTS) 40MM Foam Baton Round, quantity: 14, cost: $30 each. A less than lethal 40MM lightweight spin -stabilized projectile fired from a single or multi -round purpose built 40MM grenade launcher at 240-260 ft./sec. The projectile is extremely accurate and consistent, however is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
vii. Defense Technology 40MM Rubber Baton Round, quantity: 100, cost: $27 each. The 40MM rubber baton incorporates a 4.8-inch casing that contains three (3) rubber projectiles and fires at 260 FPS. The 40MM Rubber Baton Round is generally deployed in low trajectories or skip fired in the general direction of the intended targets and is most suitable at medium to extended ranges of fire, approximately 30 to 60 feet.
viii. Defense Technology 40MM Bean Bag Round, quantity: 1, cost: $10. A less than lethal 40MM round firing a ballistic bag filled with bagged silica sand shot at a velocity of 220 FPS. The 40MM Bean Bag Round is most suitable in moderately close to medium ranges, approximately 20 to 35 feet.
ix. Sage 37MM Impact Baton Round, K01, quantity: 250, cost: $15 each. A less than lethal 37MM fired from a 37MM launcher and is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile individuals. x. Federal Labs 37MM 560 CS Barricade Ferret Round, quantity: 11, cost: $25 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. xi. Federal Labs 37MM 530 CS Barricade Ferret Round, quantity: 4, cost: $25 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. fv
xii Federal Labs 37K8K823DCNBarricade Ferret Round, quantity: G.cost: $25 each. Aless than lethal 37K8yNround used hopenetrate barriers, such ou windnwa, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, itinstantaneously delivers osmall chemical payload inside ufastructure or vehicle. In atmutico| deployment situction, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose ietominimize the risks toall parties through pain comp|iance, temporary discomfort and/or incapacitation ofpotentially violent nrdangerous subjects. xiii. Federal Labs 37K8KALiquid C8Barricade Ferret Round, quantity: 2.cost: $20 each. Aless than lethal 37yWK8round used topenetrate barriers, such ae windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. |natactical deployment situation, the round ioprimarily used to dislodge barricaded subjects from confined areas. Its purpose istominimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation ofpotentially violent nrdangerous subjects. b. Purpose
i. To limit the escalation ofconflict where employment oflethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:
1. The suspect iaarmed with eweapon and the tactical circumstances allow for the safe application nfapproved munitions.
2. The suspect has made credible threats hoharm him/herself orothers.
3. The suspect ioengaged inriotous behavior oriethrowing rocks, bottles urother dangerous projectiles atpeople and/or officers.
4. There ioprobable cause tobelieve that the suspect has already committed acrime ufviolence and ierefusing 10comply with lawful orders.
d. Training
i. Sworn members utilizing 37/40MM less than lethal chemical agents or impact rounds are trained in their use by POST certified less than lethal and chemical agents instructors.
e. Lihaepon
i. Defense Technology L[WTTactical 4UK8K8Single Shot Launcher —25years ii. Anmin37KA[NTactical G'ShotLauncher —25years
iii. Defense Technology 40MM Exact Impact Sponge, Defense Technology 40MM Liquid C8 Barricade Penetrator Round, Defense Technology 4OK8K8 Qinaot Impact CGCrushable Foam Round, Combined Systems (CTS)4UK8K8Foam Baton Round, Defense Technology 4OK8K8Rubber Baton Round, Defense Technology 4OK8yNBean Bag Round —5years
iv. Sage 37K8yNImpact Baton Round, K81-25years
v. Federal Laby37&8K8 5S8CSBarricade Ferret Round, Federal Labm37K8[N 530 CSBarricade Ferret Round, Federal Labs 37yNYN230CNBarricade Ferret Round, Federal Labs 37K8yN Liquid CS Barricade Ferret Round —5 years. [ Fiscal Impact
i. Annual maintenance ieapproximately $5Ofor each launcher g. Legal and Procedural Rules
i. |tiathe policy ofthe Downey Police Department toutilize the 37/4O&iK8only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use offorce.
4. Less than Lethal Shotgun: Less than lethal shotgun imused hodeploy the less than lethal drag stabilized 12-gaugebean bag round.
a. Description, Quantity, Purchase Cost, and Capabilities
i Remington 87Uless than lethal shotgun, quantity: 21.cost: $84Geach. The Remington 870 less than lethal shotgun is used to deploy the less than lethal 12- gauge bean bag round up to a distance of 75 feet. The range ofthe weapon systems helps to maintain space between officers and a suspect reducing the immediacy ofthe threat which ioeprinciple ufde-euna|ation. ii. Defense Technology Drag Stabilized 12-gauge Bean Bag Round, quantity: 466, cost: $5eeoh. Aless than lethal 2.5'innh12'gaugmshotgun round firing acotton and ballistic material bag filled with #9 shot that is shot at a velocity of 270 FPS. Bean Bag Rounds are discharged from adedicated 12-gougeshotgun that iedistinguishable byonorange butt stock and fonagrip. This round provides accurate and effective performance when fired from the recommended distance ofapproximately 2Qto 50haed. The round utilizes four (4) stabilizing tails and utilizes smokeless powder esthe propellant.
b. Purpose
i. To limit the escalation ofconflict where employment oflethal force is prohibited or undesirable.
u. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:
1. The suspect iaarmed with aweapon and the tactical circumstances allow for the safe application ofapproved munitions.
2. The suspect has made credible threats toharm him/herself orothers.
3. The suspect ieengaged inriotous behavior oriothrowing rocks, bottles nrother dangerous projectiles atpeople and/or officers.
4. There iaprobable cause tobelieve that the suspect has already committed acrime ofviolence and iorefusing tncomply with lawful orders.
d. Liheapan
i. Remington 87Uless than lethal shotgun —25years.
ii. Defense Technology Drag Stabilized 12'gaugeBean Bag round —Nolisted expiration date.
e. Fiscal Impact
i Annual maintenance is approximately $5Ufor each shotgun [ Training
i All officers are trained in the 12-gauge less than lethal shotgun as a less than lethal option byin-service training
g. Legal and Procedural Rules
i. Use isestablished under OPOPolicy Manual Section 3O3.9. |tiothe policy nfthe Downey Police Department to utilize the less than lethal shotgun only for official |axv enforcement purposea, and pursuant to State and Federal |aw, including those regarding the use cfforce.
Federal Laboratories 40K0D8Launching Cup: Cup that attaches tu12'gaugeless than lethal shotguns which allows officers to launch canisters of chemical agents or smoke. e. Description, Quantity, Purchase Cost, and Capabilities i. Federal Laboratories 4OK8&1Launching Cup, quantity: i.cost: $3UU. The launching cup iedesigned tolaunch canisters ofchemical agents orsmoke. The cup can beattached tovirtually any 12'gougeshotgun and the munition launched with olaunching cartridge.
b. Purpose
i. To limit the escalation ofconflict where employment nflethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:
1. The suspect isarmed with eweapon and the tactical circumstances allow for the safe application ofapproved munitions.
2. The suspect has made credible threats to harm him/herself or others.
3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
d. Lifespan
i. Federal Laboratories 40MM Launching Cup — 25 years
e. Fiscal Impact
i. No annual maintenance
f. Training
i. Officers utilizing the launching cup are trained by POST certified chemical agents instructors.
g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force.
6. Distraction Devices: A device used to distract dangerous persons. a. Description, Quantity, Purchase Cost, and Capabilities i. Defense Technologies Low Roll Non-reloadable Distraction Device, quantity: 24, cost: $62 each. A non -bursting device that produces a thunderous bang with an intense bright light producing 6 — 8 million candelas. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high - risk arrest situations.
b. Purpose
i. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. To produce atmospheric over -pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
i. Diversionary Devices shall only be used:
1. By officers who have been trained in their proper use
2. In hostage and barricaded subject situations
3. In high risk warrant (search/arrest) services where there may be extreme hazards to officers
4. During other high -risk situations where their use would enhance officer safety
5. During training exercises
d. Lifespan
i. Until used
e. Fiscal Impact
i. No annual maintenance
f. Training
i. Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize diversion devices only for official law enforcement purposes, in accordance with policy guidelines and pursuant to State and Federal law regarding the use of force.
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, Quantity, Purchase Cost, and Capabilities i. Defense Technology Riot Control Continuous Discharge Grenade, CS, 1082, quantity: 75, cost: $30 each. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume
continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.
ii. Defense Technology Riot Control Continuous Discharge Grenade, OC, #1080, quantity: 25, cost: $37 each. The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent.
iii. Defense Technology Pocket Tactical CS Grenade, #1016, quantity: 21, cost: $30 each. The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 in. in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. iv. CTS CS Baffled Canister Smoke Grenade, #5230B, quantity: 11, cost: $30 each. The Baffled Canister Smoke Grenade is designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. It expels its payload in approximately 20-40 seconds through four emission ports and is 6.20 in. by 2.60 in.
v. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS, #1072, quantity: 50, cost: $32 each. The Spede-Heat CS Grenade is a high volume, continuous burn and it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.0 oz. of active agent.
vi. Defense Technology Stinger CS Rubber Ball Grenade, #1088, quantity: 19, cost:
$32 each. The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50 foot radius.
vii. Defense Technology Stinger Rubber Ball Blast Grenade, #1087, quantity: 24, cost: $30 each. The grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light and sound. It is most widely used as a crowd management tool. It delivers 60 caliber rubber balls with the stimuli of light and sound. The grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the function of the device.
b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less than lethal weapon systems may include, but are not limited to:
1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
2. The suspect has made credible threats to harm him/herself or others.
3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
4. There isprobable cause bobelieve that the suspect has already committed ocrime of violence and is refusing bucomply with lawful orders.
o. Authorized Use
i Only officers who have received training inthe use ofchemical agents from POST certified instructors.
d. Training
i Sworn members utilizing chemical agent canisters are certified byPOST less than lethal and chemical agents instructors.
e. Lihuepan
i 5years from manufacturing date
[ Fiscal Impact
i Noannual maintenance
g. Legal and Procedural Rules.
i It is the policy of the Downey Police Department to utilize chemical agents only for official law enforcement purpoeee, in accordance with po|iuy, and pursuant to State and Federal law, including those regarding the use ufforce.
8. FepperBm||Leunoher: Adevice that discharges irritant projectiles. o Description, Quantity, Purchase Cost, and Capabilities i. PepparBa||FTC Basic Launcher, quantity: 4.cost: $5ODeach. The FTC Basic Launcher is a compressed -air powered launcher designed to fire non -lethal PepperBa|| projectiles. The launcher is aemi'automedic, has afiring rate of1O'i2 projectiles per second and iafed byahopper that feeds 20+projectiles per second.
ii PepperBaU Live-XPnojeuti|u. quantity: 90. cost: $3per projectile. The projectile' contains aconcentrated amount of9/YvY\pepper powder. Discharged from a PepperBe||Launcher, the projectile has avelocity of28U'358FPS. The projectile has odirect impact cfG0Dand area ufsaturation nf150+ft. The projectile contains 696PA\A\powder.
iii PepperBeUInert Projectile, quantity: 2OO.cost: $3per projectile. The inert projectile contains aharmless, scented powder and iobest suited for training, qua|ifioatione, and direct impact when chemical exposure is not desired. Discharged from ePepperBaULauncher, the projectile has avelocity of 280-350FpG. The projectile has adirect impact cf80tand anarea ufsaturation of15O+ft.
iv. Mission Less than lethal ID Marking Projectile, quantity: 375, cost: $1.60 per projectile. This projectile contains e paint solution that can be used to mark suspects for later apprehension and/or marking doors, openings, or objects for identification. The Mission Less than lethal |OMarking Projectile iodischarged from aPepper8a||Launcher.
v. Mission Lmme than lethal OC Projectile, quantity: 500. cost: $1.40 per projectile. This projectile iedischarged from aPepperBa||Launcher and contains oconcentrated amount cf[)Cand PA\Apowder. The projectile has odirect impact of 66ft and creates a 5-foot wide defensive cloud of chemical irritant. vi. Mission Less than lethal Impact Projectile, quantity: 1,000, cost: $0.57 per projectile. This projectile is discharged from o pepperBa|| Launcher and is an advanced polymer impact round used when chemical exposure is not desired. The projectile has adirect impact ofGGft.
b. Purpose
i. To limit the escalation ofconflict where employment nflethal force is prohibited or undesirable. Situations for use nfthe less than lethal weapon systems may include but, are not limited to:
1. The suspect iearmed with aweapon and the tactical circumstances allow for the safe application ofapproved munitions
2. The suspect has made credible threats to harm him/herself orothers Q,
3. The suspect is engaged inriotous behavior mis throwing rocks, bottles orother dangerous projectiles edpeople and/or officers
4. There ieprobable cause tobelieve that the suspect has already committed acrime ofviolence and iorefusing hocomply with lawful orders
o. Authorized Use
i. Only those officers who have been trained in the use of PepperBall Launchers are authorized house the Pepper8oULaunchers.
d. Training
i. Sworn members utilizing PepperBaULaunchers and projectiles are trained in their use by POST certified less than lethal and chemical agents instructors. e. Li8eapan
i. PepperBa||FTC Basic Launcher —2Oyears
ii. Pepper8e|| Live-X Projectile —3 years
iii. PepperBa||Inert Projectile —3years
iv. Mission Less than lethal |D Marking Projectile —3 years v. Mission Less than lethal C>CProjectile —3years
vi. Mission Less than lethal Impact Projectile —3years
f. Fiscal Impact
i. Annual maintenance ioapproximately $5Ofor each PepporBe||Launcher g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize PepperBall only for official law enforcement purposes, in accordance with department policy and pursuant to State and Federal law, including those regarding the use of force.
Rifles: Guns that are fired from shoulder |eve|, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over olong distance. o. Description, Quantity, Purchase Cost, and Capabilities i. Colt AR'15K84Carbine 5.5GCaliber Rifle, quantity: 2A.cost: $SU0each. Highly accurate and durable gas operated semi -automatic rifle which includes a4- position collapsible stock. The magazine holds 30 rounds of ammunition and the barrel ischrome lined with m1:7"right-hand twist.
ii Winchester Ranger.223 Caliber 55 Grain Rifle Round, quantity: 8,300, cost: $448 per case of1.00O. The Winchester Ranger 223Remington ammunition features o55grain pointed soft point bullet and iaintended for law enforcement use. The ammunition has a muzzle velocity of 3,240 FPS, is reloaclable, features brass cases and boxer primers and iannn'uorroe|ve.
b. Purpose
i. Members may deploy the patrol rifle in any circumstance where the member can articulate areasonable expectation that the rifle may beneeded. Examples of some general guidelines for deploying the rifle may ino|ude, but are not limited to:
1. Situations where the member reasonably anticipates an armed encounter
2. When amember iofaced with osituation that may require accurate and effective fire atlong range
3. Situations where emember reasonably expects the need tomeet or exceed osuspect's firepower
4. When mmember reasonably believes that there may beaneed tufire on abarricaded person oroperson with ahostage
5. When amember reasonably believes that esuspect may bewearing body armor
G. When authorized nrrequested byasupervisor
7. When needed toeuthonizeenanimal
c. Authorized Use
i Only members that are POST certified are authorized tocarry/use arifle. d. Li8empon
i. Co|tAR-15 K84Carbine 5.56 Ca|iberRif|e—Noexpination
Kul
ii. Winchester Ranger.223Caliber 55Grain Rifle Round —Noexpiration e. Fiscal Impact
i Annual maintenance isapproximately $5Ofor each rifle
t Training
i Prior to using a rifle, officers must be certified by POST instructors in the operation nfthe rifle. Additionally, all members that carry/operate arifle are required topass quarterly range qualifications each year. g. Legal and Procedural Rules
i. Use is established under Downey Police Department Policy Section 306.2.5. It is the policy of the Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
10. Personally Owned Rifles: Guns that are fired from shoulder level, having along spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Description, Quantity, and Capabilities
i Colt AR-15W14Carbine 5.5SCaliber Rifle, quantity: i1. Highly accurate and durable gas operated semi -automatic rifle which includes a 4-position collapsible stock. The magazine holds 3Orounds ofammunition and the barrel iechrome lined with a1:7"right-hand twist.
ii Daniel OefenaeDD&14 Law Enforcement Patrol Rifle, quantity: 3. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 3O rounds of ammunition and the 16" barrel is cold hammer forged with a 1:7" right hand twist.
iii. Bravo Company BCK845.5GCaliber Rifle, quantity: 1. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 3Urounds cf ammunition and the 1G"barrel imchrome lined with a1:7^right-hand twist. b. Purpose
i. Members may deploy the patrol rifle in any circumstance where the member can articulate ereasonable expectation that the rifle may baneeded. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
1. Situations where the member reasonably anticipates enarmed encounter.
2. When amember iofaced with esituation that may require accurate and effective fire atlong range.
3. Situations where amember reasonably expects the need tomeet or exceed asuspect's firepower.
4. When amember reasonably believes that there may beoneed tofire on obarricaded person oraperson with ahostage.
5. When omember reasonably believes that asuspect may bewearing body armor.
6. When authorized orrequested byesupervisor.
7. When needed tneuthenizeenanimal.
u. Authorized Use
i Only members that are POST certified are authorized tocarry/use o rifle. Members are also required to receive written approval from the Chief of Police or authorized designee to carry the rifle on duty after it is inspected by a Downey Police Department AR-i5 armorer.
d. Lifeapan
i. Cu|tAR-1S N14Carbine 5.5GCaliber Rifle —No expiration ii. Daniel Defense DDK84Patrol Rifle —Noexpiration
iii. Bravo Company BCK845.5GCaliber Rifle —Nnexpiration e. Fiscal Impact
i. Nofiscal impact toDepartment oeemployee ieresponsible for purchase and maintenance ofpersonally owned rifles authorized for onduty usage. no
Training
i Prior housing orifle, officers must becertified byPOST instructors inthe operation ofthe rifle. Additionally, all members that carry/operate arifle are required topass quarterly range qualifications each year.
Legal and Procedural Rules
i. The use nfpersonally owned duty patrol rifles iuestablished under Downey Police Department Policy Section 3OG.2.5. |tiuthe policy ofthe Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant toState and Federal law regarding the use offorce.
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 § a. Requesting military equipment made available pursuant to1DUGC§2578a b. Seeking funds for military equipment, including but not limited hnapplying for ogrant, 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 ofthis Department.
e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved bythe governing body.
[ Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity toseek funds for, apply to noceive, acquine, use, or collaborate in the use ofmilitary equipment.
g. Acquiring military equipment through any means not provided above.
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used byother jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.
Upon approval ofamilitary equipment policy, the Chief ofPolice orthe authorized designee should submit a military equipment report to the governing body for each type of military equipmentapproved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code §7O72).
12 706.8
AM "M
WWI
should •i the -•• and respond to • questions regarding the funding, acquisition, • use •' military equipment.
w
0 0 i 0 0 a 0 0 9
•M•
WHEREAS, on September 30, 2021, Governor Gavin Newsom approved Assembly Bill 481 ("AB 481"), adding Chapter 12.8 ("Funding, Acquisition and Use of Military Equipment") to Division 7 of Title 1 of the California Government Code (commencing with Section 7070), relating to the use of military equipment by California law enforcement agencies; and,
WHEREAS, the California Legislature and the California Governor drafted and enacted AB 481 as a manner of providing transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment (as defined by California Government Code Section 7070(c)) is funded, acquired, and used by local law enforcement agencies (as defined by California Government Code Section 7070(b)); and,
WHEREAS, the Downey Police Department desires to continue using military equipment acquired prior to January 1, 2022; and,
WHEREAS, the Downey Police Department intends to acquire additional items of military equipment; and,
WHEREAS, AB 481 requires, amongst other obligations, that a law enforcement agency possessing and using such qualifying equipment to prepare a publicly released, written, military equipment use policy (hereinafter, "Policy") governing, at a minimum, the following (as also set forth in California Government Code Section 7070(d)):
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;
b) The purpose and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment; c) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual cost of maintaining the equipment;
d) The legal and procedural rules that govern each authorized use; e) 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 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;
f) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and,
if applicable, what legally enforceable sanctions are put in place for violations *f the policy;
g) 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; and, WHEREAS, the Policy must be approved by the City Council by ordinance, an't reviewed annually thereafter; and,
I L*J I 101TITJ I I I!- NJ I I Irgomp] to M MOM M112"Kam a a) The military equipment is necessary because there is no reasonabh.. alternative that can achieve the same objective of officer and civilian safety; b) The proposed Policy will safeguard the public's welfare, safety, civil rights, anil' civil liberties;
c) If purchasing military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d) Prior military equipment use complied with the Policy that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and,
WHEREAS, the Downey Police Department has submitted to the City Council an inventory of all military equipment acquired by the Downey Police Department prior to January 1, 2022 that it seeks to continue using; and,
WHEREAS, the Downey Police Department has submitted the proposed Policy documents available on the Police Department website for at least 30 days prior to the public hearing concerning the military equipment at issue; and, WHEREAS, the Policy satisfies each of the requirements of California Government Code Section 7070(d); and,
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and,
WHEREAS, the Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and,
WHEREAS, the equipment is reasonably cost effective compared to available 21ternatives that can achieve the same objective of officer and civilian safety; and,
Fr- "n HEIIIIIIs 111MIM-0 M
compliance; and,
WHEREAS, the City Council of the City of Downey, having received the information required under AB 481 regarding the Downey Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to 2nd hereby does approve the Policy; and,
WHEREAS, the City Council recognizes the there is a need to enact th,� restrictions contained in this Ordinance to protect the public health, safety, and welfare; and,
I I I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth hereinabove in the preamble of this Ordinance are true and correct, and each such recital, fact, finding, and conclusion is incorporated herein by this reference.
53 a 12-733 kyl lei IM ROTAIMP-2 1MV42VALLP [� MII;5 IRRIPME011 [0 Any term used in the Military Equipment Policy Ordinance that is defined in California Government Code Section 7070 shall have the same meaning and definition as set forth in California Government Code Section 7070, as that Section may be amended from time to time, unless the context clearly requires otherwise. 11 :1 1 A 111- . 6
A. The City Council of the City of Downey hereby adopts a Military Equipment Policy (Downey Police Department Policy 706) which shall govern the use of military equipment by the Downey Police Department. The policy is attached to this Ordinance and incorporated herein as Exhibit A.
W"IN -
LAM61
B. The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
C. The Police Department shall subm-it an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment 6a
Section 7071 (d).
D. On an annual basis, the City Council shall review this Ordinance and vote at a regular City Council meeting on whether to renew this Ordinance pursuant to Government Code Section 7071(e)(2).
SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
APPROVED AND ADOPTED this day of %2022
: ZT, To] 11 RROM FA•
City Clerk
MEMBIA A . I
we
0 0 ko, L I
=I I I UI I Lei
1111MM03
GITIT1101
ORDINANCE NO.
PAGE 5
I HEREBY CERTIFY that the foregoing Ordinance No. 22- ' was introduced at a Regular Meeting of the City Council of the City oDoe f wny held on the — day of 2022, and adopted at a regular meeting of the City Council the City of Downey held on the . day of 2022, by the following votel to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FIRTHER CERTIFY that a Summary of the foregoing Ordinance No. 22- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 1 2022 (after introduction), and on
1 2022 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CIVIC
City Clerk
q'
�U�B,CdIA7EID
§.LEa`TEbhif gK�Fi &{dii FiiAt }
Assembly Bill No. 481
• �� s •� � a- a .-� • r-; 1 1 f
Seeretary of s i
oil
AB 48 1, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Servicesthe agency for of { responsible distribution of #surplus
aw. Existing la he _#..al Suri Property f f of f45
authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising personal property, including arms and ammunition, to federal or �tate at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include a regular meeting held pursuant to specified open meeting laws, prior to or f the military equipment policy if it determines,based on above -described standards for approval. The bill would specify these as provided, that the military equipment does not comply with the i A .
. 406 —2.,,
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment • .f i" it 1. 1.
therefore, apply i all cities, including
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state -mandated local program.
publicThe California Constitution requires local agencies, for the purpose of officials and agencies, to comply with a statutory
amends or enacts laws relating to public records or open meetings and requirements relating to this purpose.
This bill would make legislative findingsto that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reason.
i i i {OEMand physical and psychological well-being, and incurment of significant communities.financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and imvacts of police militarization are experienced most acutely in marginalized • The public has a rightto know about any funf acquisition,or .. of militar_v equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
public(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful EN
406
—— Ch.
I MINIMUM
rim
i civil ",")ties 1 sre nilit.,?- j etpituxtext is fuxtet, acquired, or used.
lack of ,.. public i to discuss the acquisition of . ,.. forceequipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying . public
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Wivision 7 of Title I of the Government Code, to read:
CHAPTER 12.8. FUNDING, AcQuiSITION, AND USE OF MILITARY
EQUIPMENT
"Governing7070. For purposes of this chapter, the following definitions shall apply:
body"`i body that oversees
agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
f i of i i ,. *,.
(1) A police department, including the police department of a transit agency school district,or
Californiaor J Community Colleges.
department.
district attorney'sis
(4) A county probation department.
(c) "Military equipment" the following
Unmanned, remotely piloted, powered aiground
specifically(2) Mine -resistant ambush -protected (MRAP) vehicles or armored jL
are i`i from this subdivision.
referred(3) High mobility multipurpose wheeled vehicles (I-IMMV%rv), commonly to. - • and one -half -ton i or
unarmoredvehiclesf motorized dirt bikes
specificallyi"+ from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their icca.tantsrani . i .' i i "" i)f -ftn-f,, m +. irrrtf f (5) Command and control vehicles that are either built or modified to facilitate the operational i and direction of public
(6) Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching rii.ratuses that are exi i " in nature. However, items designed to remove a lock, such as bolt cutters,
C . 406 —4—
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 specificallyi`d from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections30510 and 30515 of 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 f 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.
following(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
projectile launch platforms anis their associated
munitionmunitions: 40min projectile launchers, "bean bag," rubber bullet, and specialty impact weapons.
other equipment determined by governing body or
agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment" by " i `Logistics
\. equipment iif publicly -f..
, written
document governing the use of equipment by •
agency or a state agency that addresses, at a minimum, all of the following:
description otype of military equipment, quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of i 1
(2) The purposes and authorized uses for which the law enforcement (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.
including(4) The legal and procedural rules that govern each authorized use. frequired i Commission on
I•"training,Standardsand Training, i:'" "i i •
F , f •. ' • i . ` i
IN
—— C . 406
authority, i if applicable, what legally enforceable sanctii put in responseplace for violations of the policy.
(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
(e) "State agency" means the law enforcement division of (exceptstate body or
:,:f agency, 0thereof) or of i Constitution.
(f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the fy
at a regular meeting of governing •ii.y helr pursuant to the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of . 1 . Part I of Division• : or Ralph
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section i.. of is the United States Code.
funds,(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal f donations, other donations or
Acquiring military equipmentpermanently or •#
including • borrowing or , •,
(D) Collaborating with another law enforcement agency in the deployment • i f -i i i • a f
governing body.
(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 pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with
acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
No later than May 1, 2022, a law enforcementagency seeking to �.: .:'... i • ,• ifi .1• i . f _... ,..f f. `
with this section. If the governing body does not approve the continuing of a military equipment use policy submitted pursuant to subdivision (b), i i ►ii., ! . i.
M
. 406
—
equipment until it receives the approval of f 1ii
in accordance with this se
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days -prior to any public hearing concerningequipment
(c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5), as applicable.
ii: governing body shall only approve equipment
policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same obiective of officer and civilian safet"'L_ (B) The proposed military equipment use policy will safeguard the public's and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared f available
objective of officer and civilian safety.
DPrior f fment use complied with the military equipment use iolici that was in effect at the time. or if irior uses did nW m.11j �ijh jW
taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final milita ry •is
available
governing body shall review any ordinanceadopted
to renew the ordinance at a regular meeting held pursuant to the F*V-agley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M.
Itrown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Wivision 2 of applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072 whether each type if i tment identified in that reportf r "i
tfi-e-
standards for1r f. :•rth in subdivision i, If the governingbody a
— 7 — Ch. 406
to the military equipmentpolicy in a manner that will resolve of i
Notwithstanding # • f to _inclusive, if a citycontracts anotherwith entity for. #services,. ' the
needs.
r i law enforcement agency that receives approval i
report shall, at a minimum, include the following information for of •w the military equipment was used and the purpose
of
of • # or i, -r concerning the
military equipment.
(3) The results of any internal audits, about violations of the military equipment use policy, and any actions taken in response. 4Thetotal i of 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, (6) If the law enforcement agency intends to acquire additional military r • i # #
"i
i Within 30 days of r` and publicly • an annual military eaUlDment reDOrt pursuant to this section. Vie law e-t fisirce-nie.-it 1 . equipmentpolicy
prior f _s • •
Requesting�i iment made availablepursuant to Section
2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for# • or "r private,ffederal
funds, in -kind donations, or other donations or transfers.
Acquiring military equipment permanentlytemporarily,or
including by borrowing or leasing.
C . 406 — —
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction body.
(5) Using any new or r. military equipment fi:: a purpose, manner, or by a person not previously approved by the governing body pursuant to this chapter.
•. ::. Soliciting or •• : to a proposal or • an
agreement with, any other person or entity to seek funds• or • apply to receive, acquire, use, or collaborate in the use of, military equipment.
Acquiring military equipment is • any _ . not provided
this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of equipment that was acquiredprior i January 1, 2022,
create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this sectiondo both of i i 0
days o{ • ri
Publishi • policy on the agency's internet
•..
(2) Provide a copy of the military equipment use policy to the Governor or i -, i designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI is the Californiaf i.:e this chavterayplies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of f or • county.
Nothing7075. . • preclude a countyor f
enforcementmunicipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law
Legislature finds . • declares _ f of this .
i •a2l.qect4rf 2q it rebte-q t*Pterip4tr
Section 3 • i f • i '..
the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and i f i • f • i: i r"ir
business.
taIRIUMI-d—IIIIINIMINMIA Ills
SEC. 4. No reimbursement is required by this act pursuant to Section 6
—— C. 406
of 1df i of • of of i Constitution.
U
m