Attachment III Annual Military Equipment Use Report — Hayward City Council, June 20, 2023

300 W. Winton Ave Hayward, CA 94544
www.hayward-ca.gov/police-department
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military Equipment Use ReportAnnual Military Equipment Use Report Our Mission, Vision, and Core Values ................................................................................................

Preface ...............................................................................................................................................

Equipment Overview ......................................................................................................................

Background: Assembly Bill No. 481 ...................................................................................................

Summary and Purpose of the use of the Military Equipment ........................................................

Results of Internal Audits or Violations .............................................................................................

Annual Cost .......................................................................................................................................

Fiscal Impact ......................................................................................................................................

Quantity of Military Equipment ......................................................................................................

Projected Acquisitions for FY 2024 ............................................................................................

Conclusion .......................................................................................................................................

TABLE OF CONTENTS:
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14 Attachment III
Accountability Employee WellnessHumility IntegrityLeadershipProfessionalismTrust and Respect

OUR MISSION, VISION, AND CORE VALUES
MISSIONTo enhance partnerships and trust with our community, reduce crime and improve the quality of life for thosewe serve.

VISIONTo have a highly trained and supported police department that helps build a safe and connected communitywhere people can live, work, and thrive.

CORE VALUESOur core values define us and provide a framework for how we operate. They say who we are and what we willand will not stand for as a department.

The seven core values of the Hayward Police Department include:

In addition to these seven core values, it is important to recognize that each of these core values are made up ofother values and behaviors. For example, we recognize that for an officer to be professional, they must be ethicaland honest. Being a team player and communicating effectively are fundamental parts of each of the seven corevalues.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
A summary of how the military equipment was used and the purpose of its use; A summary of any complaints or concerns received concerning the military equipment; The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
The total annual costs for each type of military equipment, including acquisitions, 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;
The quantity possessed for each type of military equipment; and The additional military equipment HPD intends to acquire in the next year, and the quantity sought for each type of military equipment.

PREFACE:

The Hayward Police Department (HPD) is committed to maintaining public trust, community partnership, transparency, accountability, best practices, and compliance with the law. As such, the Department has developed and published this Military Equipment Use Report in accordance with Assembly Bill No. 481, Government Code § 7072 and HPD Military Equipment Use Policy. In July 2022, the Hayward City Council approved the HPD’s use of the listed equipment. This document reports on information covering the period of July 2022 – March 2023. The following information is included in this report (Government Code § 7072(a)):

1. 2.

3. 4.

5. 6.

EQUIPMENT OVERVIEW:

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but are not limited to equipment such as unmanned vehicles, command and control vehicles, armored vehicles, less lethal shotguns, and noise flash diversionary devices. These types of equipment, as well as others considered “military equipment” under AB No. 481, are commonly used, and employed by law enforcement agencies across the country to enhance community members' and officer's safety.

It is the policy of the Hayward Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment." "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police Department Policy 300 (Use of Force)
Hayward Police Department Policy 302 (Control Devices and Techniques) California Assembly Bill No. 481
California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents) EQUIPMENT OVERVIEW CONT'D:
"Military equipment," which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:

The Hayward Police Department acknowledges the historical use of certain police equipment to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective. As such, this policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

BACKGROUND - ASSEMBLY BILL 481:

On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB No. 481, authored by Assembly Member David Chiu (D-San Francisco), was one of those pieces of legislation. AB No. 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have designated as "military equipment."
AB No. 481, codified in Government Code section(s) 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a written Military Equipment Use Policy, via ordinance, at a public hearing, before law enforcement agencies may take certain actions relating to the funding, acquisition, or use of military equipment, as defined by the legislature.

Once approval is granted, AB No. 481 requires law enforcement agencies to submit an annual Military Equipment Use Report to the City Council, summarizing the use of each type of equipment, complaints received, internal audits and information about violations of the Military Equipment Use Policy, the cost of military equipment, and other similar information. This annual Military Use Report must be posted to the law enforcement agency’s website and the law enforcement agency must hold at least one community engagement meeting for the general public to discuss the Report. On an annual basis, the City Council must review the Military Use Policy and ordinance as well as the Military Equipment Use Report and vote on whether to renew the ordinance.

The full text of AB No. 481 is available at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Assisting with a search during a Special Response Unit (SRU) operation (2)A search during a domestic violence/assault with a deadly weapon incident the Patrol Division responded to HomicideBurglaries in progressRobberies in progressCarjackingsSearch warrant and arrest warrant operationsStolen vehiclesSearch for missing personsBarricaded suspectsSubjects armed with a gunKidnappingSideshow activity SRU deployments for operationsPatrol Division deployments during critical incidents where there is an imminent threat to life Response to high-risk, critical incidents including armed robbery/shooting investigations and barricadedsubjects SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT:

This section outlines the military equipment usage for July 2022 - March 2023 by Hayward Police Department.Certain items of military equipment, particularly consumables (ammunition, diversionary devices, chemicalagents, etc.) are used throughout the year on a regular basis for training to maintain proficiency. This section onlyprovides data for the OPERATIONAL USE of military equipment listed within this annual report. The merepossession of the equipment does not warrant its use for every incident. The following is the data for militaryequipment usage by category for this reporting period:

1. Robot:The two Avatar tactical robots were utilized 3 times during this reporting period. These deployments include:

2. Unmanned Aircraft Systems (UAS) Program:The Unmanned Aircraft Systems were utilized a total of 70 times during this reporting period. These deploymentsinclude:

3. Armored Personnel Carrier:The Armored Solutions Armored Rescue Vehicle (ARV) was utilized 9 times during this reporting period. Thesedeployments include:

4. Command and Control Vehicle:The HPD Command Vehicle was utilized 3 times during this reporting period. These deployments include:

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
SRU response to high-risk, critical incidents including armed robbery/shooting investigations and barricadedsubjects Winchester .223 Ranger Power-Point 64 Grain Cartridge Winchester 5.56 Full Metal Jacket 55 Grain Cartridge Winchester .308 Match King 168 Grain Cartridge SUMMARY AND PURPOSE OF USE OF THE MILITARY EQUIPMENT CONT'D:

5. Breaching Apparatus/Shotgun Slugs:The Breaching Apparatus/Shotgun Slugs were utilized 0 times during this reporting period.

6. Carbine Rifles (.223 and 5.56 caliber):The Carbine Rifles were utilized 0 times during this reporting period.

7. H&K MP5 and H&K PDW Entry Rifle (9mm caliber):The H&K MP5 and H&K PDW Entry Rifle were utilized 0 times during this reporting period.

8. PWS MK216-LE Precision Rifle (.308 caliber):The PWS MK216-LE Precision Rifle was utilized 0 times during this reporting period.

9. Remington 700 Long Rifle (.308 caliber):The Remington 700 Long Rifle was utilized 0 times during this reporting period.

10. Noise Flash Diversionary Device:A Noise Flash Diversionary Device (NFDD), commonly referred to as a “flashbang,” was utilized 12 times duringthis reporting period. These deployments include:

11. Chemical Agents “Tear Gas” (Oleoresin Capsicum):Chemical Agents were utilized 1 time during this reporting period. The deployment was used during an armedrobbery/shooting investigation during which the primary offender barricaded himself and refused to come out ofhis residence. This resulted in an extended standoff. The offender eventually surrendered and was taken intocustody without incident.

12. Pepper Powder Less Lethal Launcher (FN 303):The Pepper Powder Less Lethal Launcher was utilized 0 times during this reporting period.

13. Specialty Impact Munitions Systems and Munitions (40mm Less Lethal):The Specialty Impact Munitions Systems and Munitions were utilized 0 times during this reporting period.

14. Specialty Ammunition
There was NO ammunition utilized during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
By visiting HPD’s Internal Affairs Unit’s website:

By calling 510-293-7059
By mail sent to: Hayward Police Department, 300 W. Winton Ave., Hayward, CA 94544 In person to any supervisor or to the Internal Affairs Unit By visiting California's Commission on Peace Officer's Standards and Training website:

SUMMARY OF COMPLAINTS OR CONCERNS REGARDING THE MILITARY EQUIPMENT:

The Hayward Police Department is committed to responding to complaints, concerns, and questions received through any of the below methods in a timely manner.

There were 0 formal complaints, or officer involved shootings related to the use of military equipment as investigated by the Hayward Police Department’s Internal Affairs Unit during this reporting period.

Pursuant to California Government Code § 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 the policy by any of the following means:

Internal Affairs Unit I City of Hayward - Official website (hayward-ca.gov) Public Complaints (ca.gov)

RESULTS OF INTERNAL AUDITS, OR VIOLATIONS OF THE MILITARY EQUIPMENT USE POLICY:

The Hayward Police Department did not have any policy violations with the deployment or use of military equipment during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Robot
UAS
Armored Personnel Carrier
Command and Control Vehicle
Breaching Apparatus/Shotgun Slugs
Carbine Rifles
H&K MP5 and H&K PDW Entry Rifle
PWS MK216-LE Precision Rifle
Remington 700 Long Rifle
Noise Flash Diversionary Device
Chemical Agents "Tear Gas"
Pepper Powder Less Lethal Launcher
Specialty Impact Munitions

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. Systems and Munitions

14. Ammunition

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# EQUIPMENT Acquisition Training Maintenance ANNUAL COSTS:

The following is a breakdown of the costs associated with each piece of equipment, including the cost of acquisition, training, and maintenance.
*Total personnel costs over this period were $117,723. This total represents the personnel cost associated with training related to “Military equipment” denoted above with *. **There were no Storage or Transportation costs associated with owning/possessing equipment defined as “Military equipment” per AB No. 481.
$0
$0
$0
$0
$0
$0
$0
$0
$0
$1291.00
$0
$0
$0
$0
$0*
$0
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$0*
$43,676.00
$792.00
$4,420.53
$1,050.00
$840.00
$0
$3,900.00
$0
$0
$0
$0
$0
$0
$0
$0
Total: $1,291.00 $11,002.53$161,399
Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
FISCAL IMPACT:

The Hayward Police Department is budgeted for 326.5 full time employees. The operating budget for the department for the 2022-2023 fiscal year is $88,839,075.00.

The City of Hayward adopts an operating budget on a fiscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in July of 2022 by the City of Hayward City Council. The cost of equipment purchases and expenditures is reflected in this report for July 2022 to March 2023 pursuant to Assembly Bill No. 481.

During this reporting period, the Hayward Police Department spent approximately $173,692.53 for equipment and training specified in AB No. 481. The total expenditures represent 0.20% of the Hayward Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Robot (Current Quantity: 2)
Unmanned Aircraft Systems (UAS) (Current Quantity: 4)
Armored Personnel Carrier (Current Quantity: 1)
Command and Control Vehicle (Current Quantity: 1)
Breaching Apparatus/Shotgun Slugs (Current Quantity: 1/50) Carbine Rifles (.223 or 5.56 caliber) (Current Quantity: 95) H&K MP5 and H&K PDW Entry Rifle (9mm caliber) (Current Quantity: 2/2) PWS MK216-LE Precision Rifle (.308 caliber) (Current Quantity: 5) Remington 700 Long Rifle (.308 caliber) (Current Quantity: 5) Noise Flash Diversionary Device (Current Quantity: 24)
Chemical Agents “Tear Gas” (Oleoresin Capsicum) (Current Quantity: 77) Pepper Powder Less Lethal Launcher (FN 303) (Current Quantity: 2) Specialty Impact Munitions Systems and Munitions (40mm Less Lethal) (Current Quantity: 14) Ammunition
Winchester .223 Ranger Power-Point 64 Grain Cartridge (Current Quantity: 1,500) Winchester 5.56 Full Metal Jacket 55 Grain Cartridge (Current Quantity: 135,800) Winchester .308 Match King 168 Grain Cartridge (Current Quantity: 250) QUANTITY OF MILITARY EQUIPMENT:

The following constitutes a list of military equipment utilized by the Department that meets the statutory definition of military equipment:

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.
a.
b.
c.

It should be noted that the numerical inventory of military equipment may fluctuate based upon a variety of reasons. Factors such as operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines or schedules may change the quantity of inventory. The Hayward Police Department is committed to providing the most accurate military equipment inventory and information at the time of the publication of this report. The current inventory list of HPD military equipment can be found at:

Military Equipment Use Policy: funding, acquisition, and use I City of Hayward - Official website (hayward-ca.gov)

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
Ammunition- all calibers
Diversionary Devices
Chemical Agents
Specialty Munitions (40mm and Less Lethal Munitions)
DJI Matrice 30T (2): The DJI Matrice 30T (M30T) features an integrated wide, zoom, and infrared cameras with a laser rangefinder sensor, IP55 ingress protection, and -20° C 〜 50° C temperature operation range. 41- minute maximum flight time.

DJI Mini 3 Pro (2): The DJI Mini 3 Pro weighs less than 249 grams, has tri-directional obstacle sensing, can record up to 4K/60fps video and 4K/30fps HDR video, 34 minutes of maximum flight time and the camera can be rotated 90 degrees, enabling the ability to capture still photos and videos in both landscape and portrait format.

PROJECTED ACQUISITIONS FOR FY 2024:

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB No. 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental needs. These unexpected needs-based acquisitions will be in accordance with department policy and AB No. 481.

Consumable AB No. 481 military equipment acquisitions in the next 12 months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.

Categories of consumables are as follows:

Non-consumables are as follows:

Robot:

Two additional robots for SRU and patrol. The robots are smaller and can be thrown into a structure. They are also small enough to attach to an officer for easier deployment. The Robot is made by Recon Robotics and is called “Throwbot 2.” The average cost per robot is $16,000.

The funding for this purchase has been allocated through HPD's Operating budget to replace the Avatar robot SRU reallocated to the Patrol Division. The funding for the purchase of the second Throwbot 2 would also be through HPD's Operating budget as a new item for the Patrol Division.

UAS:

Based on operational needs and functionality, an additional 8 UAS’s need to be purchased in FY 2024. Below is a list of the quantity of each UAS needed, including their capabilities.

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Hayward Police DepartmentHayward Police Department
July 2022-March 2023July 2022-March 2023
Annual Military EquipmentAnnual Military Equipment
Use ReportUse Report
DJI Mavic 3 (2): The DJI Mavic 3 has a 4/3 CMOS Hasselblad camera, 46 minutes of flight time,Omnidirectional Obstacle Sensing, 15km maximum transmission range, and an advanced return to homefeature. Brinc Lemur 2 (2): The Brinc Lemur 2 features 2-way communication for de-escalation and communication forall types of incidents, on board Lidar for real time floor plan mapping, live streaming for off-site viewingcapabilities, 4K day time, night time thermal sensors for interior deployment, 31minutes of flight time and 10hour 360 degree position hold, integrated lighting system, internal repeaters for extended range andencryption, turtle mode which allows the Brinc to flip right side up if flipped over, glass breaking attachmentfor breaching capabilities, and is able to fly in inclement weather.

PROJECTED ACQUISITIONS FOR FY 2024 CONT'D:

The total cost for the 8 additional UAS’s, including all accessories, batteries, and charging stations is $75,000.

The funding for this purchase has been allocated through HPD's Operating budget.

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Armored Personnel Carrier:

Based on the limitations and age of the Department’s current armored rescue vehicle from Armored Solutions, the recommendation is for the Hayward Police Department to purchase a Lenco armored rescue vehicle in FY 2024 to replace the current ARV. The cost of a Lenco ARV will not exceed $400,000.

Funding for this vehicle has been allocated through the City of Hayward's fleet budget.

Sniper Rifles:

The Department’s Special Response Unit’s sniper team anticipates the purchase of 5 new Remington 700 rifles.

The current rifles are over 30 years old and need to be replaced. The cost of each rifle is approximately $1,200 plus accessories. The total cost for the purchase of new rifles will not exceed $10,000.