STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Joseph Vasquez, Chief of Police
SUBJECT: Military Equipment Use and Acquisition
RECOMMENDED ACTION:
Staff recommends that the City Council provide its annual approval of the Hercules Police Department military equipment inventory and usage per policy section 709 in conformance with the requirements of California Assembly Bill 481; Military Equipment Funding, Acquisition, and Use (attached).
EXECUTIVE SUMMARY:
AB 481 requires each law enforcement agency's governing body to conduct annual meetings every year to continue the use of previously acquired equipment designated as “Military Equipment.” To help guide this process, staff have attached a summary of AB 481, and Policy Section to this report. Additionally, the Police Department posted an adopted version of the policy on the City website March 20, 2023, in advance of the City Council meeting where the item would be discussed, in compliance with the requirements of AB 481.
An itemized list of qualifying military equipment currently in HPD’s possession is included in this report as well as in the draft policy. Each item’s purpose and authorized use is described in specific detail in the attachment to the draft policy section to be included in the Hercules Police Department policy manual. The following are qualifying items currently in the Hercules Police Department equipment inventory:
Unmanned, remotely piloted, powered aerial devices (2 drones) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (1 Special Response Team van) 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 handguns (28 - .223 caliber patrol rifles capable of firing 5.56mm ammunition) Noise-flash diversionary devices and explosive breaching tools (24 Noise Flash Diversionary Devices) Any firearm or firearm accessory that is designed to launch explosive projectiles (1 – Defense Technology Model 1426 40mm LMT Tactical single launcher (Replaced S&W Mod. 226 37mm launcher) Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (10 - 12 ga. “penetrator” rounds capable of delivering powdered OC through thin walls or windows. Officers assigned to the County-wide Mobile Field Force are issued Def-Tech CS gas canisters while in that position) Kinetic energy weapons and munitions (5 Kinetic Energy shotguns) AB 481 states each agency is required to establish the procedure for a person to register a complaint or concern regarding the possession or use of military equipment, and 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. The City and the Police Department already have several avenues in place for filing a complaint with or about the Police Department, the Department will establish a procedure for responding to questions in a timely manner.
Additionally, each agency must prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of this Policy, the cost of such use and other similar information. This report must be presented to the Governing Body as well as in a separate public forum. The City’s webpage will be utilized for distribution of any updates to the above materials as well as for public notification of the Annual Report.
BACKGROUND:
On September 30, 2021, Governor Newsom signed a series of policing reform legislation aimed at increasing transparency of peace officer misconduct records, creating a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the funding, acquisition, and use of military equipment.
AB 481, Military Equipment Funding, Acquisition, and Use was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of military equipment.
ANALYSIS:
AB 481 Definition of Military Equipment
The Assembly Bill has designated the following categories of items as military equipment. The Hercules Police Department has equipment that meets the criteria for 7 of the 15 categories (1,5,9,10,11,12,14):
Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1) Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment Category 2) 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 (Equipment Category 3) Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5) Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6) Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7) Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8) 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 handguns (Equipment Category 9) Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10) Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11) Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13) Kinetic energy weapons and munitions (Equipment Category 14) Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15) FISCAL IMPACT:
There is no anticipated fiscal impact in reviewing this annual report. Failure to continue authorization of the military inventory and usage will result in the destruction of some previously acquired equipment and limit the Police Department’s response capabilities.
ATTACHMENTS:
Policy Section 709; Military Equipment Funding, Acquisition, and Use 2023 Annual Military Equipment Report, Purpose, Use, and Cost AB 481
Ordinance
Presentation