Copyright
Lexipol,
LLC
2022/03/08,
All
Rights
Reserved.
Published with
permission by Napa Police
Department
***DRAFT***
Military Equipment
-
1 Napa Police Department
Napa PD Policy Manual
Military Equipment
705.1
PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use
and reporting
requirements
for
“
military equipment” as defined in Government Code § 7070 -
7075, “Funding,
Acquisition, and Use of Military Equipment.”
705.1.1
DEFINITIONS
“
Military equipment
”
as used in this policy
is defined in accordance with Government Code Section
7070, including but not
limited to the following
definitions
:
•
Unmanned, remotely piloted, powered aerial or ground vehicles.
•
Mine
-
resistant ambush
-
protected (MRAP) vehicles or armored personnel carriers.
•
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.
•
Tracked
armored vehicles that provide ballistic protection to their occupants.
•
Command and control vehicles that are either 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 that are explosive in nature. This
does not include a handheld, one
-
person ram.
•
Firearms
and
ammunition
of
.50
caliber
or
greater,
excluding
standard
-issue
shotguns
and standard
-
issue shotgun ammunition.
•
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.
•
Any firearm or firearm accessory that is designed to launch explosive projectiles.
•
Noise
-
flash diversionary devices and explosive breaching tools.
•
Munitions containing tear gas or O
C, excluding standard, service
-
issued handheld
pepper spray.
•
TASER® Shockwave, microwave weapons, water cannons, and long -
range acoustic
devices (LRADs).
•
Kinetic energy weapons and munitions.
State
MODIFIED
State
Policy
705
ATTACHMENT 1
Napa Police Department
Napa PD Policy Manual
Military Equipment
Copyright
Lexipol,
LLC
2022/03/08,
All
Rights
Reserved.
Published with permission by Napa Police
Department
***DRAFT***
Military Equipment
-
2 •
Any other equipment as determined by a governing body or a state agency to
require
additional oversight.
705.
2 POLICY
T
he Napa Police Department and its employees will comply with the provisions of Government Code § 707
0-
7075
with respect to military equipment. The Department
will
ensure legally
enforceable safeguards
for its use of military equipment, including
transparency,
oversight, and
accountability measures to protect the public's welfare, safety, civil rights
and civil liberties before
military equipment is funded, acquired, and when it is
used
in the field
.
705.3
MILITARY EQUIPMENT COORDINATOR
The
Chief
of
Police
should
designate
a
member
of
this
department
to
act
as
the
military
equipment
coordinator.
The
responsibilities
of
the
military
equipment
coordinator
include
but
are
not
limited
to:
(a)
Acting as 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 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 Napa Police Department
.
(e)
Preparing an
annual military equipment report
which comports with Government Code
Section 7072
for submission to the Chief of Police
and City
Council and
ensuring
that
the
report
is
made
available
on
the
department
website
.
(f)
S
cheduling, publicizing
and coordinating an annual community engagement meeting following
public release of each annual military equipment report. Providing informe d
r
esponses to
public questions regarding the department’s funding, acquisition, and use of
military
equipment.
(g)
Ensuring communication to the public of
the
procedure
for
members of the public
to
register
complaint
s, concerns or questions related to
military
equipment,
and
ensuring
that
the Department respond
s
in a timely manner.
(h)
Ensuring that this policy is posted on the Department website at all times. (i)
Ensuring that uses of force involving military equipment comply with, and are reviewed and assessed pursuant to the Department’s Use of Force Policy 300
et seq.
705.
4 MILITARY EQUIPMENT
INVENTORY
Attached hereto as Exhibit A
is
a list of qualifying equipment currently owned by
the Department
together with description, purpose and use, cost and quantity allocation, training requirements
and
compliance protocols for each category of equipme
nt.
State
MODIFIED
Best Practice
State
ATTACHMENT 1
Napa Police Department
Napa PD Policy Manual
Military Equipment
Copyright
Lexipol,
LLC
2022/03/08,
All
Rights
Reserved.
Published with permission by Napa Police
Department
***DRAFT***
Military Equipment
-
3 705.5
APPROVAL
AND ANNUAL
REVIEW
BY COUNCIL
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
)
Th
is
military
equipment
policy
must
be
approved
by
the
City Council
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.
The Chief or designee shall ensure that this policy
and the adopting ordinance
is brought before
City Council annually
for
review
and renewal
as required by
Government Code Sec. 7071(e).
705.6
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
their department
policy.
705.7
ANNUAL REPORT
Upon
approval
of
a
military
equipment
policy,
the
Chief
of
Police
or
the
authorized
designee
should
s
ubmit an annual report to City Council for each type of military equipment approved
for use.
(Government Code Sec. 7072)
The report should include:
(
a)
A summary of the purpose of the equipment and how it was used;
(b)
A summary of any complaints or concerns rec
eived concerning the equipment
(c)
The results of any internal audits and any information about violations
of this policy;
(e)
The
quantity and
total annual cost associated with each type of military equipment ;
(f)
Whether
acquisition of any additional military equipment is
proposed
.
State
State
MODIFIED
State
ATTACHMENT 1
Napa Police Department
Napa PD Policy Manual
Military Equipment
Copyright
Lexipol,
LLC
2022/03/08,
All
Rights
Reserved.
Published with permission by Napa Police
Department
***DRAFT***
Military Equipment
-
4 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.
705.8
COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing
eac
h
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.
State
ATTACHMENT 1