Agenda Report
Fullerton City Council
MEETING DATE: APRIL 18, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: ROBERT DUNN, chief of police
PREPARED BY: ROBERT DUNN, chief of police
Michael McCASKILL, POLICE SERGEANT
SUBJECT: FULLERTON POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY RENEWAL
SUMMARY
The Police Department requests City Council renew the annual approval of the Military Equipment Use Policy per California Government Code Section 7071.
RECOMMENDATION
Renew approval of Fullerton Police Department Policy 708 – Military Equipment Use.
CITY MANAGER REMARKS
The annual approval of the military equipment use policy is a requirement of State law. The equipment used by the Fullerton PD is attached.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Public Safety.
FISCAL IMPACT
This item has no fiscal impact.
DISCUSSION
Assembly Bill 481 became law in 2021, codified in Government Code Sections 7070 through 7075, requiring every Law Enforcement Agency to develop a “Military Equipment Policy” approved by the governing board by May 2022. City Council approved the Fullerton Military Equipment Policy on April 19, 2022.
Government Code Section 7071(e)(1) requires City Council to annually review and renew the Military Equipment Policy during a regular City Council meeting.
Fullerton added the following four vehicles to the policy since the last review:
Armored Vehicle (Suburban): The federal Bureau of Alcohol, Tobacco and Firearms (ATFO) has made this vehicle available to Fullerton ATF task force members at no cost to the City. (The City must list all “military equipment” uses or may use, regardless of the owner).
Mobile Command Truck (SWAT): This vehicle is still in production and will replace existing equipment.
Mobile Command Van: This vehicle is still in production.
Crisis Negotiation Team (CNT) Van: This vehicle is still in production.
The Fullerton Police Department does not possess any tactical equipment obtained from the military through the 1033 Program or Section 2576a of Title 10 of the United States Code. Regardless, California Government Code 7071 requires that law enforcement agencies maintain a Military Equipment Use Policy. California Government Code 7070 has broadened the term “Military Equipment” to include some items designed specifically for law enforcement and items designed for and available to the public.
Attachments:
Attachment 1 – Policy 708 updated April 2023
Attachment 2 – Summary of Use 2022
Attachment 3 – AB481 (Government Code Sections 7070 through7075) cc: City Manager Eric J. Levitt
Fullerton Police Department Military Equipment Use Policy Renewal April 18, 2023 - Page 2