3. The military equipment identified in Fairfield Police Policy 711 is reasonably cost- effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military 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 nonconforming uses and ensure future compliance.
C. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the Fairfield Police Department for as long as the military equipment is available for use.
31.1.3 Renewal of Ordinance
A. This City Council shall review this chapter at least annually to approve the funding, acquisition, or use of military equipment, and shall vote on whether to renew this ordinance 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).
B. The renewal and proposed military equipment use policy shall be available on the Fairfield Police Department’s internet website at least 30 days prior to the public hearin g concerning the military equipment at issue.
31.1.4 Reporting Requirements - Annual Military Equipment Report A. The Fairfield Police Department shall submit to the 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 Fairfield Police Department shall make each annual military equipment report required by this Chapter publicly available on its internet website for as long as the military equipment is available for use.
C. The Fairfield Police Department, may, but is not required to submit the annual military equipment report to the City Council at the same time as the City Council r eviews this Chapter for renewal.
D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Fairfield Police Department shall hold at least one well - publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Fairfield Police Department’s funding, acquisition, or use of military equipment.
E. 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.
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ORD. NO. 2022-06
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions are 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.
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.
31.1.5 Authorizations.
The City of Fairfield City Council approves Fairfield Police Department Policy 711 as the City of Fairfield’s military equipment use policy, pursuant to Assembly Bill 481. This authorizes the Police Department to acquire, and use specified military equipment as defined in Assembly Bill 481 subject to the annual approval of this ordinance. The Department may purchase and acquire military equipment to maintain current inventory during each year the ordinance is approved.
31.1.6 Severability.
If any portion of Chapter 31, or any portion of Assembly Bill 481 (Government Code section 7070 through 7075) is found to be invalid by a court of competent jurisdiction, the remaining portions of this law will remain in full force and effect.
31.1.7 Conflict with State Law
To the degree any part of Chapter 31 conflicts with the provisions of Assembly Bill 481 (Government Code section 7070 through 7075), state law shall control, except that the City of Fairfield may implement additional requirements and standards related to the purchase, use, and reporting of military equipment by the Fairfield Police Department that do not conflict with state law.”
SECTION 2. This ordinance shall be effective 30 days following its adoption by the council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the councilmembers voting for and against it.
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 5th day of April 2022, and
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ORD. NO. 2022-06
PASSED AND ADOPTED this _____ day of April 2022, by the following vote:
AYES: Councilmembers: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
MAYOR
ATTEST:
_________________________
CITY CLERK
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 Packet Page 440 of 480Attachment 2 Page 1 of 9
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 equipment use policy before engaging in certain activities, publish the policy 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 acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to 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 a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military 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.
(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 public input.
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(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement 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.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff ’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(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 multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (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, 92 Ch. 406 — 3 — Packet Page 442 of 480Attachment 2 Page 3 of 9
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).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require 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.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of 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 that 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, including which independent persons or entities have oversight 92 — 4 — Ch. 406 Packet Page 443 of 480Attachment 2 Page 4 of 9
authority, and, if applicable, what legally enforceable sanctions are put in place 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 response in a timely manner.
(e) “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. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
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 2576a of Title 10 of the United States Code.
(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 territorial jurisdiction of the 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, 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 by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 — 5 — Packet Page 444 of 480Attachment 2 Page 5 of 9
the military equipment until it receives the approval of the governing body in accordance with this section.
(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 concerning the military equipment at issue. (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 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use 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 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 compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use 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 nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406 Packet Page 445 of 480Attachment 2 Page 6 of 9
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency 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. 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. (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.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general 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. 7073. (a) A state agency shall create a military equipment use policy 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.
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(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) 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.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s 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 of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes 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 enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 — 8 — Ch. 406 Packet Page 447 of 480Attachment 2 Page 8 of 9
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92 Ch. 406 — 9 — Packet Page 448 of 480Attachment 2 Page 9 of 9
Policy
711
Fairfield Police Department
Fairfield PD Policy Manual
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 1 Military Equipment
711.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specialty equipment defined as "military equipment" (Government Code § 7070; Government Code § 7071; Government Code § 7072). The policy is written to fulfill the obligations set forth in Assembly Bill 481 (AB 481). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. This policy applies to all members of the Department.
711.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department Military equipment – Includes but is not limited to the following:
(a)Unmanned, remotely piloted, powered aerial or ground vehicles. (b)Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (c)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. (d)Tracked armored vehicles that provide ballistic protection to their occupants. (e)Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (f)Weaponized aircraft, vessels, or vehicles of any kind. (g)Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
(h)Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
(i)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.
(j)Any firearm or firearm accessory that is designed to launch explosive projectiles. (k)Noise-flash diversionary devices and explosive breaching tools. (l)Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
(m)TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
(n)Kinetic energy weapons and munitions.
Packet Page 449 of 480Attachment 3 Page 1 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 2 (o)Any other equipment as determined by a governing body or a state agency to require additional oversight.
711.2 POLICY
It is the policy of the Fairfield Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. The Fairfield Police Department recognizes that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 711.3 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. 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 public input. 711.4 MILITARY EQUIPMENT 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):
(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.
Packet Page 450 of 480Attachment 3 Page 2 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 3 711.5 MILITARY EQUIPMENT USE CONSIDERATIONS AND ACCOUNTABILITY (a)The military equipment acquired and authorized by the Department is:
1.Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2.Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(b)Military equipment shall only be used by a Department employee after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise. (c)The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist Incident Commanders, Officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide- ranging, it is not all-inclusive. There may be instances wherein unpredictable critical incidents demand the need for Incident Commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the Incident Commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.
(d)It is incumbent upon Incident Commanders, Supervisors, individual Officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.
(e)Department members are bound to adhere to Department Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time.
711.6 CATALOGING OF MILITARY EQUIPMENT
All military use equipment kept and maintained by the Department shall be cataloged in a way that addresses each of the following requirements:
(a)The manufacturer's description of the equipment.
(b)The capabilities of the equipment.
(c)The purposes and authorized uses for which the Department proposes to use the equipment.
(d)The expected lifespan of the equipment.
(e)The fiscal impact of the equipment, both initially and for on-going maintenance. (f)The quantity of the equipment, whether maintained or sought.
Packet Page 451 of 480Attachment 3 Page 3 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 4 711.7 COMPLIANCE
(a)The Department Administrative Services Division will ensure that all Department members comply with this policy. The Administrative Services Division will conduct an annual audit with the assistance of the Professional Standards Unit and Training Unit.
The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit for investigation. All instances of non-compliance will be reported to City Council via the annual military equipment report.
(b)Any member of the public can register a question or concern regarding military use equipment by contacting the Professional Standards Unit via the department's transparency portal email at https://www.fairfield.ca.gov/government/ city-departments/police/transparency-portal-sb978/professional-standards-unit. A response to the question or concern shall be completed by the Department in a timely manner.
(c)Any member of the public can submit a complaint to any member of the Department and in any form (i.e.; in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit. 711.8 FUNDING
The Department shall seek council approval 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.
(a)The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable.
711.9 MILITARY EQUIPMENT COORDINATOR
The Administrative Services Lieutenant or designee shall act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as a 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 Department, or the equipment the 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 Fairfield 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.
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2.Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f)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 Department will respond in a timely manner.
711.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department: :
711.10.1 ARMORED VEHICLES
1.Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
(a)Description, quantity, capabilities, and purchase cost (a)LENCO BEARCAT, G2; cost: $228,897, quantity: 1
(b)The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
The Bearcat is equipped with a front static ram bar (Part 19-BCFRTRAM), which is an 11-foot ram bar that attaches to the front receiver. The gas injector (Part 19-BC1200-076) unit attaches to the static ram bar and is controlled from inside the vehicle for the safe deployment of chemical munitions.
(b)Purpose
(a)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.
(c)Authorized Use
(a)The use of armored vehicles is authorized for officers during critical incidents, based on the circumstances of each individual incident. All sworn officers have access to the Bearcat. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
(d)Lifespan
(a)Lenco Bearcat G2 - 25 years
(e)Fiscal Impact
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 6 (a)Annual maintenance cost of approximately $3,300.
(f)Training
(a)All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
(g)Legal and Procedural Rules
(a)Use us established under FPD policy 400, 409, and 427. It is the policy of the FPD to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
711.10.2 MOBILE INCIDENT COMMAND VEHICLE (MCV)
1.Mobile Incident Command Vehicle (MCV): A vehicle which is a self-contained command post designed to provide the incident commander with a mobile base of operation. The MCV contains specialized command, control, and communications equipment to assist with extended events.
(a)Description, quantity, capabilities, and purchase cost (a)Ford Chassis (custom built) vehicle; cost: $536,091, quantity: 1 (b)The MCV can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.
(b)Purpose
(a)To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. (c)Authorized Use
(a)Only officers trained in deployment an operations in a manner consistent with Department policy and training are authorized to operate the MCV. (d)Lifespan
(a)Ford Chassis - 20 years
(b)IT Systems: Upgrades needed in 5 years to maintain modern technology (e)Fiscal Impact
(a)Annual maintenance cost of approximately $6,000.
(f)Training
(a)The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.
(g)Legal and Procedural Rules
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 7 (a)It is the policy of the Department to use the MCV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
711.10.3 CRISIS NEGOTIATION TEAM (CNT) VEHICLE
1.Crisis Negotiation Team (CNT) Vehicle: A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and restroom facilities on extended events.
(a)Description, quantity, capabilities, and purchase cost (a)T.P.D TRAILER (custom built); cost: $86,724, quantity: 1 (b)TPD is designed to provide shelter and restroom facilities for call outs and extended events.
(b)Purpose
(a)To be utilized for critical incident call outs.
(c)Authorized Use
(a)The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California drivers license.
(d)Lifespan
(a)TPD Trailer - 25 years
(e)Fiscal Impact
(a)Annual maintenance cost of approximately $1,100.
(f)Training
(a)Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver. (g)Legal and Procedural Rules
(a)Use shall be in accordance with California State law regarding the operation of motor vehicles.
711.10.4 DUI CHECKPOINT TRAILER
1.DUI Checkpoint Trailer: A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and restroom facilities on extended events.
(a)Description, quantity, capabilities, and purchase cost (a)CARGO MATE TRAILER (custom built); cost: $30,056, quantity: 1 (b)Cargo Mate trailer is designed to house equipment for fatal collisions, DUI checkpoints and be readily available for community events.
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 8 (b)Purpose
(a)To be used for DUI checkpoints, major traffic collision investigation response, critical incident call outs or community events. (c)Authorized Use
(a)The DUI vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California drivers license.
(d)Lifespan
(a)Cargo Mate Trailer - 15 years
(e)Fiscal Impact
(a)Annual maintenance cost of approximately $2,800.
(f)Training
(a)Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver. (g)Legal and Procedural Rules
(a)Use shall be in accordance with California State law regarding the operation of motor vehicles.
711.10.5 LESS LETHAL SHOTGUNS AND MUNITIONS
1.Less Lethal Shotguns and Munitions: Less Lethal Shotgun is used to deploy less lethal 12-gauge specialty impact munitions.
(a)Description, quantity, capabilities, and purchase cost (a)REMINGTON 870 LESS LETHAL SHOTGUN; cost: $687, quantity: 64 (a)The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation. The Remington 870 pump shotgun is a reliable 12 gauge with double action bars for smooth pump operation. A steel lined groove fore-end provides a stronger grip while the flexi-tab feeding system provides positive and easier cycling. The shotgun has a distinctive blaze orange barrel and buttstock.
(b)COMBINED SYSTEMS 12GA SUPERSTOCK BEAN BAG MODEL 2581; cost: $7, quantity: 2640
(a)The Model 2581 Super-Sock® is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first Packet Page 456 of 480Attachment 3 Page 8 of 28
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 9 in its class providing the point control accuracy and consistent energy to momentarily incapacitate violent, non-compliant subjects.
Effective range is 75 feet, projectile weight is 40 grams, and velocity is 270-290 feet per second.
(b)Purpose
(a)To limit the escalation of conflict where lethal force is prohibited or undesirable. The less lethal shotgun affords the ability to use munitions to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag round allows officers to confront a potentially armed or dangerous suspect at a longer distance.
This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems. (c)Authorized Use
(a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents
(c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals.
(e)Training exercises or approved demonstrations.
(d)Lifespan
(a)Remington 870 Less Lethal Shotgun - 25 years
(b)Combines Systems 12GA Supersock - 5 years
(e)Fiscal Impact
(a)Annual maintenance is approximately $50 for each shotgun. Maintenance costs are covered under the existing firearms and training budgets. (f)Training
(a)Officers that deploy with the less lethal shotgun are trained through in- service training by POST certified less lethal weapons instructors. (g)Legal and Procedural Rules
(a)It is the policy of the Fairfield Police Department to utilize munitions only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force. Use of less lethal impact weapons is established under the Fairfield Police Department Policy 300, 308, and 473.
711.10.6 PATROL RIFLES
1.Patrol Rifles: A firearm, especially one fired from shoulder level, having a long spirally grooved barrel intended to make a bullet spin and thereby have greater accuracy over a long distance.
(a)Description, quantity, capabilities, and purchase cost Packet Page 457 of 480Attachment 3 Page 9 of 28
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 10 (a)COLT 11.5" Carbine Rifle, Semi Auto.223; cost $979, quantity: 93 (b)A semi-automatic rifle that fires an intermediate-power.223 caliber /
5.56mm cartridge which is more powerful than a standard pistol but less powerful than a standard rifle. It is a short-barreled rifle which allows a trained officer better control both inside of structures and outside at a distance with greater accuracy than a handgun.
(b)Purpose
(a)To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c)Authorized Use
(a)Only members that are POST certified are authorized to use a rifle. (d)Lifespan
(a)COLT M4 11.5" barrel - 5-10 years
(e)Fiscal Impact
(a)Annual maintenance is approximately $50 for each rifle. Maintenance costs are covered under the existing firearms and training budgets. (f)Training
(a)Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification once per year.
(g)Legal and Procedural Rules
(a)Use is established under FPD Policy 434.6. It is the policy of the FPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
711.10.7 SWAT RIFLE
1.SWAT Rifle: A firearm, especially one fired from shoulder level, having a long spirally grooved barrel intended to make a bullet spin and thereby have greater accuracy over a long distance.
(a)Description, quantity, capabilities, and purchase cost (a)COLT M4 COMMANDO; cost: $1,086, quantity: 20
(a)A select fire semi-automatic/automatic rifle that fires an intermediate- power.223 caliber / 5.56mm cartridge which is more powerful than a standard pistol but less powerful than a standard rifle which allows a trained officer better control both inside of structures or outside at a distance with greater accuracy than a handgun.
(b)Accuracy International; cost $4,000, quantity: 4
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 11 (a)A bolt-action, high-accuracy, long range, scoped rifle that fires.308 caliber rounds with precision used by SWAT snipers. Fixed stock, 24" barrel, standard adjustable cheekpiece, fixed butt pad with spacers, pistol grip, flush cup sling attachment points, double chamber standard muzzle break, and 10 round magazine.
(b)Purpose
(a)To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c)Authorized Use
(a)Only members that are POST certified are authorized to use a rifle. (d)Lifespan
(a)COLT M4 COMMANDO - 5-10 years
(b)Accuracy International - 5-10 years
(e)Fiscal Impact
(a)Annual maintenance is approximately $50 for each rifle. Maintenance costs are covered under the existing firearms and training budgets. (f)Training
(a)Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are require to pass a range qualification once a year.
(g)Legal and Procedural Rules
(a)Use is established under FPD Policy 434.6. It is the policy of the FPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
711.10.8 PEPPERBALL LAUNCHERS AND MUNITIONS
1.PepperBall Launchers and Munitions: A device designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform.
(a)Description, quantity, capabilities, and purchase cost (a)PEPPERBALL VKS CARBINE; cost: $1,300, quantity: 7.
(a)The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that offers the ability to quickly switch between Hopper mode and Magazine mode for optimum versatility.
(b)PEPPERBALL Tac-SF; cost: $849 each, quantity: 4
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 12 (a)A semi-automatic launcher that may be used for, riot- control scenarios or any other situation requiring high-intensity engagement. Quickly disperses PAVA across expansive areas making it a solid tool for operational teams.
(c)PEPPERBALL LIVE-X; $1,157 per container of 375 rounds, quantity: 15 containers
(a)A potent and powerful concentration of 2.5g payload PAVA pepper powder contained in a.68 caliber less lethal round.
(d)PEPPERBALL GLASS BREAK ROUNDS; $287 per 100 round jar, quantity: 2 jars
(a)A solid.68 caliber polymer projectile used for breaking out residential windows and side-glass of automobiles.
(b)Not for use on humans or animals.
(e)PEPPERBALL PPC; cost $842 each, quantity: 12
(a)Lightweight and portable, the PPC is designed to give patrol officers an easy to operate non-lethal option. The PPC uses PepperBall.68 caliber round or VXR projectiles and is powered by either HPA or an 88 gram single use CO2 cartridge.
(b)Purpose
(a)To limit the escalation of conflict as a less lethal use of force and/or area denial to gain compliance or overcome resistance by targeting dangerous individuals or areas.
(c)Authorized Use
(a)Situations for use of the less lethal weapon systems may include, but are not limited to:
(a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents.
(c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals.
(e)Training exercises or approved demonstrations.
(d)Lifespan
(a)PepperBall VKS Carbine - 5-10 years
(b)PepperBall Tac-SF - 5-10 years
(c)PepperBall Live-X - 5 -years
(d)PepperBall Glass Break Rounds - 5 years
(e)Fiscal Impact
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 13 (a)Annual maintenance is approximately $50 for each launcher. Maintenance costs are covered under the existing firearms and training budgets. (f)Training
(a)Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. (g)Legal and Procedural Rules
(a)Use is established under FPD Policies 300, 308.7.3, and 473. It is the policy of the FPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
711.10.9 40MM LAUNCHERS AND ROUNDS
1.40MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact or chemical irritant rounds. (a)Description, quantity, capabilities, and purchase cost (a)PENN ARMS GL6-40, 40MM MULTI SHOT LAUNCHER; cost: $2,821, quantity: 9
(a)A 40MM spring-advance magazine drum launcher with a six-shot capacity, a rifled barrel, collapsible stock, and 6" cylinder. (b)PENN ARMS L140 SINGLE SHOT LAUNCHER; cost: $944, quantity: 4 (a)A 40MM single-shot break-open frame launcher with a rifled barrel, collapsible stock and combo rail.
(c)DEFENSE TECHNOLOGY 40MM LMT SINGLE SHOT LAUNCHER; cost:
$985.70, quantity: 4
(a)Tactical single or double action launcher that fires 40mm less lethal ammunition up to 4.8" in cartridge length. The launcher is only capable of holding one round.
(d)DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325; cost: $18, quantity: approximately 325
(a)A less lethal 40MM lightweight plastic and foam projectile fired from a single or multi-round purpose built 40MM grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs/ of energy on impact. The 40MM Exact Impact Sponge Round provides accurate 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.
(e)DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320; cost:
$30, quantity: 51
(a)A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40MM grenade Packet Page 461 of 480Attachment 3 Page 13 of 28
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 14 launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft/lbs of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40 mm Direct Impact OC 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.
(f)DEFENSE TECHNOLOGY, FERRET 40MM LIQUID BARRICADE
PENETRATOR ROUND, #2262; cost: $23, quantity: 125
(a)A less 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 40MM Ferrett 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.
(g)DEFENSE TECHNOLOGY, 40MM MARKING CRUSHABLE FOAM
ROUND; cost: $23, quantity: 51
(a)A less lethal 40MM round. Munition travels at an average velocity of 355 feet per second with an effective range of 33 ft - 233 ft.
The lightweight high-speed projectile consists of a plastic body and crushable foam nose. The green foam nose indicates the round contains a marking agent. Use where greater accuracy and deliverable energy is desired for the incapacitation of aggressive, non-compliant subject at longer distances. Approved effective distances are 10-70 meters.
(h)DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS; cost: $30.30 each, quantity: 40
(a)A point of aim, point of impact direct fire round. A solution to incapacitate a single subject or control a crowd. The direct impact combines blunt trauma with the effect of an irritant powder, maximizing the potential for incapacitation.
(i)DEFENSE TECHNOLOGY, 40MM MUZZLE BLAST CS; cost: $26.75 each, quantity: 40
(a)A widely used crowd management tool for immediate and close deployment. It can also be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination. The cloud of agent is very effective in filling holes in dispersal lines or engaging crowds at close distances.
(b)Purpose
(a)To limit the escalation of conflict employment of lethal force is prohibited or undesirable.
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 15 (c)Authorized Use
(a)Situations for use fo the less lethal weapon systems may include, but are not limited to:
(a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents.
(c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals.
(e)Training exercises or approved demonstrations,
(d)Lifespan
(a)PENN ARMS GL6-40, 40MM MULTI SHOT LAUNCHER - 5-10 years (b)PENN ARMS L140 40MM SINGLE SHOT LAUNCHER - 5 -10 years (c)DEFENSE TECHNOLOGY 40MM LMT SINGLE SHOT LAUNCHER -
5-10 years
(d)DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE - 5 years from manufacture date
(e)DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC - 5 years from manufacture date
(f)DEFENSE TECHNOLOGY, FERRET 40MM LIQUID BARRICADE
PENETRATOR ROUND - 5 years from manufacture date
(g)DEFENSE TECHNOLOGY, 40MM MARKING CRUSHABLE FOAM
ROUND - 5 years from manufacture date
(h)DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS - 5 years from manufacture date
(i)DEFENSE TECHNOLOGY, 40MM MUZZLE BLAST CS - 5 years from manufacture date
(e)Fiscal Impact
(a)Annual maintenance is approximately $50 for each launcher. Maintenance costs are covered under the existing training budget.
(f)Training
(a)Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agent instructors.
(g)Legal and Procedural Rules
(a)Use is established under FPD Policies 300, 308, and 473. It is the policy of the 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.
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 16 711.10.10 DISTRACTION DEVICES
1.Distraction Devices: A diversionary device used to distract dangerous persons through the use of light and sound.
(a)Description, quantity, capabilities, and purchase cost (a)COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG; cost:
$38, quantity: 75
(a)The 7290M Flash-Bang exhibits a non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. The unit weighs 15 ounces, has a 175db output, and produces 6-8 million candelas of light.
(b)COMBINED TACTICAL SYSTEMS, 9-Bang FLASH-BANG; cost: $75, quantity: 27
(a)The 7290M Flash-Bang exhibits a non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. The unit has a 175db output and produces 6-8 million candelas of light. (c)DEFENSE TECHNOLOGY RUBBER BALL BLAST GRENADE CS; cost:
$48.75 each, quantity: 66
(a)The Rubber Ball CS Blast Grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects:
light, sound, and CS. The Rubber Ball CS Blast is most widely used as a crowd management tool. The Rubber Ball CS Blast has an initial
1.5 second delay that initiates fuse assembly separation, followed by another.5 second delay. The Rubber Ball CS Blast Grenade combines a loud report and flash with the effects of chemical agents. (d)DEFENSE TECHNOLOGY LOW-ROLL FLASHBANG; cost: $60.60 each, quantity: 6
(a)A non-reloadable distraction device with hex design and steel body. A non-bursting canister that limits movement and rolling once deployed.
(b)Purpose
(a)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
(a)Diversionary Devices shall only be used:
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 17 (a)By officers who have been trained in their proper use. (b)In hostage and barricaded subject situations.
(c)In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d)During high-risk situations where use would enhance officer safety. (e)During training exercises.
(d)Lifespan
(a)COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG - 5 years (b)COMBINED TACTICAL SYSTEMS, 9-Bang FLASH-BANG - 5 years (c)DEFENSE TECHNOLOGY RUBBER BALL BLAST GRENADE CS - 5
years
(d)DEFENSE TECHNOLOGY LOW-ROLL FLASHBANG - 5 years
(e)Fiscal Impact
(a)No annual maintenance.
(f)Training
(a)Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
(g)Legal and Procedural Rules
(a)It is the policy of the Fairfield Police Department to utilize distraction devices only for the official purpose of official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use is established under Fairfield Police Department Policy 300, 308, and 473. 711.10.11 CHEMICAL AGENT AND SMOKE CANISTERS
1.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
(a)Description, quantity, capabilities, and purchase cost (a)DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS
GRENADE, #1032; cost: $45, quantity: 66
(a)The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately.70 oz of agent during its 20-25 seconds of burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in Packet Page 465 of 480Attachment 3 Page 17 of 28
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 18 tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.
(b)DEFENSE TECHNOLOGY INSTANTANEOUS BLAST CS; cost: $54.60 each, quantity: 21
(a)Designed for indoor or outdoor use. The grenade's powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined grooves on the outside surface. The 6.12" by 2.62" grenade delivers approximately
1.5 oz of active agent.
(c)DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER SAF-SMOKE
GRENADE, #1033; cost: $43, quantity: 23
(a)The design of the Tri-Chamber Flameless Saf-Smoke Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately.70 oz of agent during its 20-25 seconds of burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations, but was designed with the barricade situation in mind. Its application in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties though pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.
(d)DEFENSE TECHNOLOGY, HAN-BALL OC GRENADE; cost: $49,
quantity: 2
(a)The Han-Ball OC Grenade expels its payload in approximately 10-25 seconds. The rubber ball round has an overall size of 4.8" tall, including the fuse head, and 3.1" diameter. The launchable grenade holds approximately 0.29 oz of active agent. The Han-Ball OC Grenade is a fast burning. high volume continuous discharge grenade.
(e)DEFENSE TECHNOLOGY, MILITARY-STYLE SAF-SMOKE CANISTER; cost: $38, quantity: 59
Packet Page 466 of 480Attachment 3 Page 18 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 19 (a)Military-Style Smoke Grenade from Defense Technology is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits smoke only for approximately 20-40 seconds.
(f)DEFENSE TECHNOLOGY POCKET TACTICAL CS; cost: $28 each, quantity: 24
(a)A small lightweight grenade containing 9 oz of active agent that burns for approximately 20-40 seconds. 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 4" in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. (b)Purpose
(a)To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c)Authorized Use
(a)Situations for use of the less lethal weapon systems may include, but are not limited to:
(a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents.
(c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals.
(e)Training exercises or approved demonstrations.
(d)Lifespan
(a)DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS
GRENADE, #1032 - 5 years
(b)DEFENSE TECHNOLOGY INSTANTANEOUS BLAST CS - 5 years
(c)DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER SAF-SMOKE
GRENADE, #1033 - 5 years
(d)DEFENSE TECHNOLOGY, HAN-BALL OC GRENADE - 5 years
(e)DEFENSE TECHNOLOGY, MILITARY-STYLE SAF-SMOKE CANISTER - 5 years
(f)DEFENSE TECHNOLOGY POCKET TACTICAL CS - 5 years
(e)Fiscal Impact
(a)No annual maintenance.
(f)Training
Packet Page 467 of 480Attachment 3 Page 19 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 20 (a)Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
(g)Legal and Procedural Rules
(a)Use is established under the Fairfield Police Department Policies 300, 308, and 473. It is the policy of the Fairfield Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 711.10.12 EXPLOSIVE AND SHOTGUN BREACHING TOOLS
1.Explosive and Shotgun Breaching Tools: Tools that are used to conduct an explosive and ballistic breach.
(a)Description, quantity, capabilities, and purchase cost (a)DETONATING CORD; cost: $2.36 per foot, quantity: 3,472 feet (a)The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
(b)BLASTING CAP; cost: $12, quantity: 114
(a)A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive.
Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.
(c)REMINGTON 870 EXPRESS BREACHING SHOTGUN; cost: $100, quantity: 20
(a)This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gasses to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round.
(d)ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND; cost: $5 per round, quantity: 201
(a)The round is fired from a breaching shotgun and is used to dislodge or defeat deadbolts, locks, hinges, and glass.
(b)Purpose
(a)To safely gain entry into a structure during a critical incident. (c)Authorized Use
Packet Page 468 of 480Attachment 3 Page 20 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 21 (a)Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
(d)Lifespan
(a)DETONATING CORD - 10 years
(b)BLASTING CAPS - 10 years
(c)REMINGTON 870 EXPRESS BREACHING SHOTGUN - 5-10 years (d)ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND - 5 years
(e)Fiscal Impact
(a)Annual maintenance is approximately $500.
(f)Training
(a)All officers who use explosive breaching tools shall attend an approved explosive breaching instruction and must additionally receive quarterly training for explosive operations.
(g)Legal and Procedural Rules
(a)It is the policy of the Fairfield Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. Refer to Fairfield Police Department policy 301. 711.10.13 UNMANNED AIRCRAFT SYSTEM (UAS)
1.Unmanned Aircraft System (UAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
(a)Description, quantity, capabilities, and purchase cost (a)DJI MAVIC MINI (1); cost: $400 each, quantity: 1
(a)Miniature UAS that weighs approximately.5 lbs with approximately 30 minutes of flight time.
(b)DJI MAVIC MINI (2); cost: $600 each, quantity: 1
(a)Miniature UAS that weighs approximately.5 lbs with approximately 30 minutes of flight time.
(c)DJI MAVIC ENTERPRISE DUALS; cost: $3,350 each, quantity: 7 (a)UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 3 lbs with approximately 30 minutes of flight time.
(d)MATRICE 210 V2; cost: $24,600 each, quantity: 1
Packet Page 469 of 480Attachment 3 Page 21 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 22 (a)UAS that weighs 11 lbs, has maximum 45 minutes of flight time depending on weather. Has infrared and zoom cameras capable of video recording.
(e)DJI M300 RTK with H20T camera; cost: $34,000 each, quantity: 1 (a)UAS that as a maximum 45 minutes of flight time depending on weather. Has infrared camera, zoom camera and spotlight gimbles with recording capabilities.
(f)DJI MAVIC 2 ENTERPRISE; cost: $7,493 each, quantity: 1 (a)UAS with color and infrared recorded video, weighing approximately 3 lbs and has approximately 30 minutes of flight time.
(g)SKY HERO LOKI MK2; cost: $5,348 each, quantity: 2
(a)UAS that weighs approximately 1 lb, has 16 minute flight time and Night-Day IR sensor camera.
(b)Purpose
(a)Support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include, but are not limited to the following:
(a)Major collision investigation
(b)Search for missing persons
(c)Natural disaster management
(d)Crime scene photography
(e)SWAT, tactical or other public safety and life preservation missions (f)In response to specific requests from local, state or federal fire authorities for fire response and/or prevention
(g)Training
(h)Community Demonstrations
(c)Authorized Use
(a)Only authorized operators who have completed the required training shall be permitted to operate the UAS.
(d)Lifespan
(a)DJI MAVIC MINI (1) - 3-5 years
(b)DJI MAVIC MINI (2) - 3-5 years
(c)DJI MAVIC ENTERPRISE DUALS - 3-5 years
(d)MATRICE 210 V2 - 3-5 years
(e)DJI M300 RTK with H20T camera - 3-5 years
Packet Page 470 of 480Attachment 3 Page 22 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 23 (f)DJI MAVIC 2 ENTERPRISE - 3-5 years
(g)SKY HERO LOKI MK2 - 3-5 years
(e)Fiscal Impact
(a)Annual maintenance and battery replacement cost is approximately $5,000.
(f)Training
(a)All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator attends a 24-hour California P.O.S.T. certified training along with ongoing monthly department training.
(g)Legal and Procedural Rules
(a)Use of the UAS is established under Fairfield Police Department Policy 620 and FAA Regulation 14 CFR Part 107. It is the policy of the Fairfield Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
711.10.14 ROBOTS
1.Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. (a)Description, quantity, capabilities, and purchase cost (a)RECON ROBOTICS, THROWBOT; cost: $14,200, quantity: 1 (a)A throwable remote-controlled micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. Can be thrown into hazardous situations or placed via an extended handle to allow officers to quickly make informed decisions.
(b)ROBOTEX, AVATAR; cost: $29,990, quantity: 2 (lifting arm: $23,995, quantity: 1)
(a)The AVATAR enhances the capabilities of SWAT, tactical, or patrol response teams by allowing them to inspect dangerous situations quickly and safely prior to officers entering. Navigates various terrain including stairs, clothing, grass, etc. Two-way audio, video recording, and the ability to open doors or place items using the arm attachment.
(b)Purpose
(a)To be used to remotely gain visual/audio data, deliver Crisis Negotiations Team phone, open doors, disrupt suspicious packages, and clear buildings of dangerous or concealed persons.
(c)Authorized Use
Packet Page 471 of 480Attachment 3 Page 23 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 24 (a)Only assigned operators who have completed the required training shall be permitted to operate the robots.
(d)Lifespan
(a)RECON ROBOTICS, THROWBOT - 8-10 years
(b)ROBOTEX, AVATAR - 8-10 years
(e)Fiscal Impact
(a)Annual maintenance and battery replacement cost is approximately $500. (f)Training
(a)Department members using robots are trained by Department subject matter experts prior to use during field operations.
(g)Legal and Procedural Rules
(a)It is the policy of the Fairfield Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 711.10.15 AMMUNITION
(a)Ammunition: A supply or quantity of bullets and shells for on-duty use. (a)Description, quantity, capabilities, and purchase cost (a)FEDERAL PREMIUM LAW ENFORCEMENT 147 GRAIN, 9MM; cost:
$309 per 1000 round case, quantity: 73 cases.
(a)9mm Luger, jacketed hollow point, 1000 feet per second muzzle velocity, nickel plated brass. used in all department-issued handguns as duty ammunition. A specially designed hollow-point tip won't plug while passing through a variety of barriers and this bullet holds its jacket in the toughest conditions HST is engineered to provide 100% weight retention through most barriers and impressive expansion. 9mm Luger ammo by Federal is a new production, non- corrosive, features nickel plated brass cases, and Boxer primers. (b)WINCHESTER RANGER LAW ENFORCEMENT 55 GRAIN,.223; cost:
$507 per 1000 round case, quantity: 50 cases.
(a).223 Remington, pointed soft point, 3240 feet per second muzzle velocity, brass casing. used in department-issued rifles as duty ammunition. The Winchester Ranger 223 Rem 55gr Pointed Soft Point rifle ammunition has a pointed soft point bullet design that retains velocity over long ranges, with the soft nose initiating rapid bullet expansion.
(c)HORNADY ELD MATCH TAP PRECISION or AMAX 168 GRAIN,.308; cost $2.50 per 200 round case, quantity 4 cases.
Packet Page 472 of 480Attachment 3 Page 24 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 25 (a).308 Winchester, polymer tip, 2582 feet per second muzzle velocity, brass casing. high accuracy round, for duty use in SWAT sniper rifles. Hornady® 308 WIN TAP 168 gr. ELD® MATCH TAP
PRECISION® ammunition was designed as an improvement on the 168 gr. A-MAX TAP PRECISION® load by incorporating the new ELD® Match bullet. The 168 gr. ELD® Match bullet with Heat Shield® tip delivers the excellent terminal performance TAP Precision® is known for, but features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and more energy on target.
(d)HORNADY GMX TAP BARRIER 165 GRAIN,. 308; cost $380 per 200 round case, quantity 1 case.
(a).308 Winchester, polymer tip, 2478 feet per second muzzle velocity, brass casing, barrier penetrating round, for duty use in SWAT sniper rifles. TAP® Heavy Barrier™ turns cover into concealment. The 165 gr. GMX® TAP® Heavy Barrier™ is constructed of a monolithic copper alloy, shoots cleaner than pure copper, and fouls less.
The GMX® bullet penetrates heavy barriers such as 1" laminated glass with exceptional weight retention while still delivering superior terminal performance. NOTE: Maximum penetration - Not for use where over-penetration is a concern.
(b)Purpose
(a)To project a force against a selected target to have an effect, potentially lethal.
(c)Authorized Use
(a)Officers shall carry only department-issued ammunition on-duty. Officers shall be issued fresh duty ammunition in the specified quantity for all department issued firearms during the officer's first scheduled qualification each year.
(d)Lifespan
(a)FEDERAL PREMIUM LAW ENFORCEMENT 147 GRAIN, 9MM - 10 years (b)WINCHESTER RANGER LAW ENFORCEMENT 55 GRAIN, .223 - 10 years
(c)HORNADY ELD MATCH TAP PRECISION or AMAX 168 GRAIN, .308 - 10 years
(e)Fiscal Impact
(a)Annual costs to replenish duty ammunition is approximately $13,000. (f)Training
Packet Page 473 of 480Attachment 3 Page 25 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/22, All Rights Reserved.
Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 26 (a)All sworn personnel are required to qualify annually with their duty weapons (pistol and rifle, if assigned), on an approved course of fire. (g)Legal and Procedural Rules
(a)Use is established under FPD Policy 311. It is the policy of the Fairfield Police Department to utilize ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
711.11 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 25% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. The Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or CalOES in the event of an emergency when approved by the Chief of Police or designee. 711.12 TESTING AND EVALUATION OF MILITARY EQUIPMENT FOR POTENTIAL
FUTURE ACQUISITION
While the Department's current inventory of military equipment is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of military equipment in the current catalog.
From time to time, certain equipment vendors and/or manufacturers may loan certain military equipment items to the Department for testing by various units to conduct assessments involving feasibility of use, cost analysis, effectiveness, and training efficacy.
This process is commonly referred to as "Testing and Evaluation" (T&E). During the Testing and Evaluation process, various units and/or subject matter experts conduct assessments of the equipment being tested and opine the viability of whether or not an item of military equipment should be considered for Department use. Military equipment that is being tested shall not be used operationally without express approval from the Office of the Chief of Police. (a)Only similar military equipment within the Department's current military equipment inventory may be used for Testing and Evaluation provided authorization is received from the Office of the Chief of Police. Examples include (not all inclusive):
1.AR-15 type weapons platform or similar firearms by a manufacturer other than those approved in current inventory.
2.UAS platforms featuring a different make and/or model other than those approved in current inventory.
3.Diversionary devices or chemical agents featuring a different make and/or model other than those approved in current inventory, etc.
4.Less than lethal impact munitions such as 40mm impact rounds, shotgun beanbag rounds, Pepper Ball projectiles, etc.
Packet Page 474 of 480Attachment 3 Page 26 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 27 (b)Military equipment that is not similar to the Department's current military equipment inventory must be approved through the governing body and the Office of the Chief of the Police, prior to acquisition for the Testing and Evaluation process.
1.New military equipment technology not currently approved or currently in use by the Department.
2.Firearms as defined under "military equipment" that operate with a different weapons platform other than what is approved or currently in use by the Department (i.e. bullpup platform firearms, AK-47 platform firearms, etc.).
Military equipment items that have been assessed and recommended for final approval after undergoing the Testing and Evaluation process must be approved by the governing body and the Office of the Chief of the Police prior to be being formally acquired for Department inventory and operational use.
711.13 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. On occasion, the Department may be required to assist or be assisted by other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). In certain mutual aid or operational collaboration circumstances, it may be necessary for Department members to utilize military equipment in order to fulfill an assigned mission (i.e. civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply:
(a)Department members are required to adhere to the Department's Military Equipment Policy and all other policies and procedures outlined within the Fairfield Police Department's Policy manual, regardless of operational jurisdiction. (b)Should the Fairfield Police Department request mutual aid from another law enforcement agency within the City of Fairfield and military equipment is required during the course of the response, the following shall apply:
1.The Fairfield Police Department shall remain in charge of the overall incident command.
2.The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
3.The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment.
4.If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this policy, the Incident Commander may elect to cancel Packet Page 475 of 480Attachment 3 Page 27 of 28
Fairfield Police Department
Fairfield PD Policy Manual
Military Equipment
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Published with permission by Fairfield Police Department ***DRAFT***Military Equipment - 28 the request for mutual aid or re-assign the assisting agency to a different support mission.
711.14 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.
The annual military equipment report shall, at a minimum, include the following information for the immediate previous calendar year for each type of military equipment:
(a)A summary of how the military equipment was used and the purpose of its use. (b)A summary of any complaints or concerns received concerning the military equipment. (c)The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, consistent with state law employee privacy restrictions.
(d)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. (e)The quantity possessed for each type of military equipment. (f)If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The City Council will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the City Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use policy in a manner that will resolve lack of compliance. 711.15 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Packet Page 476 of 480Attachment 3 Page 28 of 28
Agenda Item No: 24.
AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:First Reading and Introduction of Ordinance 202207 of the City Council of the City of Fairfield Amending Section 12.15 and 12.15.1 of Chapter 12, Article I of the Fairfield Municipal Code Changing the 48 Hour No Return Timeframe to 30 Days RECOMMENDED ACTION
Waive full reading, read by title only, and introduce ordinance for first reading.
STATEMENT OF ISSUE
Currently, the Fairfield Municipal Code sections 12.15 and 12.15.1 require that a person not return to a private property or business premises for 48 hours after being notified to leave by the police, owner, occupant, or agent. This timeframe is inadequate for repeat offenders of business premises trespassing and violates private rules and regulations. In order to reduce repeat offenders and provide more effective enforcement of the Fairfield Municipal Code, it is recommended that the current timeframe be amended to 30 days instead of 48 hours.
DISCUSSION
Chapter 12, Article I, Section 12.15, and 12.15.1 provide a no return timeframe of 48 hours for business trespassers and private rules or regulation violators. Both read in part:
“After complying with such order, no person shall return within 48 hours of leaving and under no circumstances may that person resume the unlawful activity for which they were removed from the property.”
The current time frame allows offenders to return and continue their previous problem activity every 48 hours. Changing the no return timeframe to 30 days will provide more flexibility in enforcing the trespassing or rules/regulation violations and deter repeat offending. The new time frame will reduce staff time to continually return to businesses every 48 hours to warn and remove offenders and will assist in enforcing ongoing problems as offenders will not be allowed back on the property for a much longer timeframe.
The 30day period falls in line with verbiage already utilized in the California Penal Code under section 602(o), which states in part:
Packet Page 477 of 480
Agenda Item No: 24.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202207 of the City Council of the City ofFairfield Amending Section 12.15 and 12.15.1 of Chapter 12, Article I of the FairfieldMunicipal Code Changing the 48 Hour No Return Timeframe to 30 DaysRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUECurrently, the Fairfield Municipal Code sections 12.15 and 12.15.1 require that a person not return to aprivate property or business premises for 48 hours after being notified to leave by the police, owner,occupant, or agent. This timeframe is inadequate for repeat offenders of business premisestrespassing and violates private rules and regulations. In order to reduce repeat offenders and providemore effective enforcement of the Fairfield Municipal Code, it is recommended that the currenttimeframe be amended to 30 days instead of 48 hours.DISCUSSIONChapter 12, Article I, Section 12.15, and 12.15.1 provide a no return timeframe of 48 hours for businesstrespassers and private rules or regulation violators. Both read in part:“After complying with such order, no person shall return within 48 hours of leaving and under nocircumstances may that person resume the unlawful activity for which they were removed from theproperty.”The current time frame allows offenders to return and continue their previous problem activity every 48hours. Changing the no return timeframe to 30 days will provide more flexibility in enforcing thetrespassing or rules/regulation violations and deter repeat offending. The new time frame will reducestaff time to continually return to businesses every 48 hours to warn and remove offenders and willassist in enforcing ongoing problems as offenders will not be allowed back on the property for a muchlonger timeframe.
The 30day period falls in line with verbiage already utilized in the California Penal Code under section 602(o), which states in part:
“The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance may be made to cover a limited period of time not to exceed 30 days.”
Expanding the timeframe to 30 days will allow officers to enforce and arrest violators who return within 30 days and is a reasonable change to assist business owners with repeat offenders who return to their business properties or violate private rules/regulations.
FINANCIAL IMPACT
The financial impact of this amendment should be minimal. The City should not incur any additional costs based on extending the no return timeframe from 48 hours to 30 days. In fact, the City could save money by reducing the resources necessary to respond to recurring violations of the Fairfield Municipal Code.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.
ALTERNATIVE ACTION
The council may choose not to adopt the attached ordinance, in which Section 12.15 and 12.15.1 will remain unchanged.
STAFF CONTACT
Jausiah Jacobsen, Lieutenant
(707) 4287314
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Ordinance
REVIEWERS:
Reviewer Action Date
Marshall, Dan Approved 3/7/2022 2:45 PM
Beavers, Esther Approved 3/7/2022 2:48 PM
Beavers, Esther Approved 3/7/2022 2:49 PM
Packet Page 478 of 480
CITY OF FAIRFIELD
ORDINANCE NO. 2022-07
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTIONS 12.15 AND
12.15.1 OF CHAPTER 12, ARTICLE I OF THE FAIRFIELD MUNICIPAL CODE CHANGING THE 48 HOUR NO RETURN TIMEFRAME TO 30 DAYS
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12, Section 12.15, of the Fairfield City Code is hereby modified to read as follows:
12.15 Business Premises Trespass.
No person shall remain upon any private property or business premises, after being notified by the police, owner, occupant, or agent thereof to leave the premises.
No person, without permission of the owner or lessee or agent of the owner of private property or business premises, shall enter upon private property or business premises after having been notified by the owner or lessee or another person in charge to keep off or keep away from the premises. After complying with such order, no person shall return within 30 days of leaving, and under no circumstances may that person resume the unlawful activity for which they were removed from the property.
This section shall not apply in any of the following instances:
1. Where its application results in an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, or national origin;
2. Where its application would result in interfering with lawful labor picketing;
3. Where its application would result in interfering with any other exercise of a constitutionally protected right such as peaceful expressions of political or religious opinions, not violating any Rules & Regulations existing for such private property.
SECTION 2. Chapter 12 Section 12.15.1 of the Fairfield City Code is hereby modified to read as follows:
12.15.1 Business Premises Trespass: Private Rules and Regulations.
No person shall refuse to comply or violate any rule(s) of business premises. No person shall refuse to comply with an order of the police, owner, occupant, or agent thereof to leave the business premises because of activity made unlawful by this section. After complying with such order, no person shall return within 30 days of leaving, and under no circumstances may that person resume the unlawful activity for which they were removed from the property.
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ORD. NO. 2022-07
This section shall apply only to rules and regulatio ns that are clearly posted, with such posted notice including reference to this section sufficient to put persons on notice that violations of the posted rules and regulations may also constitute violations of the Fairfield City Code. This section shall not apply in any of the following instances:
1. Where its application results in an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry, or national origin;
2. Where its application would result in interfering with lawful labor picketing;
3. Where its application would result in interfering with any other exercise of a constitutionally protected right such as peaceful expressions of political or religious opinions not violating any Rules & Regulations existing for such private property.
SECTION 3. This ordinance shall be effective 30 days following its adoption by the council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the councilmembers voting for and against it.
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 5th day of April 2022, and
PASSED AND ADOPTED this ___ day of _________________, 2022, by the following vote:
AYES: Councilmembers: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
MAYOR
ATTEST:
_________________________
CITY CLERK
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