Agenda Report
Fullerton City Council
MEETING DATE: APRIL 19, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING City Manager
PREPARED BY: ROBERT DUNN, chief of police
Michael McCASKILL, POLICE SERGEANT
Lauren Parkhouse, Administrative ANALYST II
SUBJECT: FULLERTON POLICE DEPARTMENT POLICY 708 – MILITARY EQUIPMENT USE
SUMMARY
The Police Department requests City Council approval of Military Equipment Use Policy per California Government Code Sections 7070 through 7075.
Recommendation:
Approve Fullerton Police Department Policy 708- Military Equipment Use.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Public Safety.
FISCAL IMPACT
No fiscal impact for this item.
DISCUSSION
The Fullerton Police Department does not possess tactical equipment obtained from the military through the 1033 Program or United States Code Title 10 Section 2576a. Regardless, California Government Code Section 7071 requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.
Government Code Section 7070 has broadened the term “military equipment” to include traditional military equipment, items specifically developed for civilian law enforcement and some items developed for, and available to, the general public.
Government Code Section 7070(c) defines military equipment as follows:
Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, this subdivision specifically excludes police versions of standard consumer vehicles.
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, this subdivision specifically excludes unarmored all-terrain vehicles (ATVs) and motorized dirt bikes.
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
Command and control vehicles built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels or vehicles of any kind.
Battering rams, slugs and breaching apparatuses explosive in nature. However, this subdivision specifically excludes items designed to remove a lock, such as bolt cutters or a handheld ram designed for operation by one person.
Firearms of .50 caliber or greater. However, this subdivision specifically excludes standard issue shotguns.
Ammunition of .50 caliber or greater. However, this subdivision specifically excludes standard issue shotgun ammunition.
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Penal Code Sections 30510 and 30515, with the exception of standard issue service weapons and ammunition of less than .50 caliber issued to officers, agents or employees of a law enforcement agency or a state agency.
Any firearm or firearm accessory designed to launch explosive projectiles. “Flashbang” grenades and explosive breaching tools, “tear gas” and “pepper balls”, excluding standard, service-issued handheld pepper spray.
Taser Shockwave, microwave weapons, water cannons and the Long Range Acoustic Device (LRAD).
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag”, rubber bullet and specialty impact munition (SIM) weapons.
Any other equipment as determined by a governing body or a state agency to require additional oversight.
Notwithstanding Paragraphs 1 through 15, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
Government Code Section 7070(d) describes the Military Equipment Use Policy as follows:
“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:
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.
The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
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.
The legal and procedural rules that govern each authorized use.
The training, including any course required by the Commission on Peace Officer Standards and Training, that any officer, agent or employee of the law enforcement agency or the state agency must complete and may 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.
The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority and, if applicable, what legally enforceable sanctions exist for violations of the policy.
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.
Pursuant to California Government Code Section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
1. Via email to [email protected].
2. Via telephone to (714) 738-2885.
3. Via mail sent to:
Fullerton Police Department
Attn: Military Equipment Use Coordinator
237 West Commonwealth Avenue
Fullerton, CA 92832.
The Fullerton Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
Attachment:
Attachment 1 – Presentation
Attachment 2 - Policy 708
Fullerton Police Department Policy 708
April 19, 2022 - Page 2