Policy
705
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
I State |
Definitions related to this policy include (Government Code § 7070):
Governing body - The elected or appointed body that oversees the Department.
Military equipment - Includes but is not limited to the following:
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 OC, excluding standard, service-issued handheld pepper spray.
TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
Kinetic energy weapons and munitions.
Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LLC 2022/06/10, All Rights Reserved.
Published with permission by Napa Police Department
***DRAFT***Military Equipment -1
EXHIBIT A
Napa Police Department
Napa PD Policy Manual
Military Equipment
705.2 POLICY
The Napa Police Department and its employees will comply with the provisions of Government Code sections 7070-7075 with respoect 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
I Best Practice |
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 the 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 (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or 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.
705.4 MILITARY EQUIPMENT INVENTORY
I State I | MODIFIED ]
Attached hereto as Appendix 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 equipment.
A current inventory of the Military Equipment is listed on the department's website; www.napapolice.com
Copyright Lexipol, LLC 2022/06/10, All Rights Reserved.
Published with permission by Napa Police Department
**icDRAFT***Military Equipment - 2
EXHIBIT A
Napa Police Department
Napa PD Policy Manual
Military Equipment
705.5 APPROVAL AND ANNUAL REVIEW BY COUNCIL
I State I | MODIFIED |
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). The military equipment policy must be approved by the governing body 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
I State I | MODIFIED |
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
I State I | MODIFIED |
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved for use: (Government Code § 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 received concerning the equipment Copyright Lexipol, LLC 2022/06/10, All Rights Reserved.
Published with permission by Napa Police Department***D/?AFT***Military Equipment - 3
EXHIBIT A
Napa Police Department
Napa PD Policy Manual
Military Equipment
(c) The results of any internal audits and any information about violations of this policy; (d) The quantity and total annual cost associated with each type of military equipment; (e) Whether acquisition of any additional military equipment is proposed 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
State
Within 30 days of submitting and publicly releasing the 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.
Copyright Lexipol, LLC 2022/06/10, All Rights Reserved.
Published with permission by Napa Police Department
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EXHIBIT A