2023JAN-5 PM I'05
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APPROVED AS TO FORM AND LEGALITY
City Attorney’s Office
OAKLAND CITY COUNCIL
EL 2~~ • 13 7^3ORDINANCE NO. C.M.S.
ORDINANCE APPROVING CONTROLLED EQUIPMENT USE
POLICIES FOR THE OAKLAND POLICE DEPARTMENT
ACQUIRE AND USE THE FOLLOWING TYPES OF “MILITARIZED”
EQUIPMENT IN CONFORMANCE WITH GOVERNMENT CODE
SECTION 7070 AND OAKLAND MUNICIPAL CODE CHAPTER 9.65:
(1) THE LONG RANGE ACOUSTIC DEVICE; AND (2) MOBILE
COMMAND CENTERS
TO
WHEREAS, California Government Code Section 7070 (Government Code 7070) and Oakland Municipal Code Chapter 9.65 (Chapter 9.65) require that that the City Council authorize the Oakland Police Department’s (OPD) acquisition and use of “Controlled Equipment” or “Militarized” equipment by approving Controlled Equipment Use Policies for such equipment, and
WHEREAS, additionally, Chapter 9.65 requires the Police Commission to review a Controlled Equipment Use Policy and a Controlled Equipment Impact Report for each form of Controlled Equipment to be considered by City Council for approval and to make a recommendation to City Council regarding whether the City Council should approve OPD’s acquisition and use of such Controlled Equipment; and WHEREAS, OPD has developed a Controlled Equipment Use Policy titled Department General Order 1-27: Long-Range Acoustical Device (LRAD) (Department General Oder 1-27) along with a Controlled Equipment Impact Report, and presented these documents to the Police Commission at the regularly scheduled Police Commission meeting on October 13, 2022; and
WHEREAS, on October 13, 2022 the Police Commission voted to adopt Department General Order 1-27 and recommended that the City Council approve Departmental General Order 1-27 and the accompanying Controlled Equipment Impact Report; and
WHEREAS, OPD has developed a Controlled Equipment Use Policy titled Department General Order 1-28: Mobile Command Centers {Department General Order I- 28) along with a Controlled Equipment Impact Report, and presented these documents to the
Police Commission at the regularly scheduled Police Commission meeting on October 13, 2022); and
WHEREAS, on October 13, 2022 the Police Commission voted to adopt Departmental General Order 1-28 and recommended that the City Council approve Department General Order 1-28 and the accompanying impact report; and
WHEREAS, in regard to the Controlled (Militarized or Military) Equipment Use Policies specified above and pursuant to Government Code Section 7070, the Oakland City Council hereby finds and determines as follows:
(A) The proposed controlled, militarized, or military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(B) The proposed controlled, militarized, or military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; (D) Prior controlled, militarized, or military equipment use complied with the controlled or military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, in regards to the Controlled (Militarized or Military) Equipment Use Policies specified above and pursuant to Oakland Municipal Code Chapter 9.65, the Oakland City Council hereby finds and determines that upon review of the applicable Controlled Equipment Impact reports and consideration of the recommendations of the Police Commission, the City's interest in community safety outweighs the potential adverse effects of using such controlled, militarized, or military equipment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Oakland City Council hereby determines that he preceding recitals are true and correct and hereby adopts and incorporates them into this ordinance.
SECTION 2. Approval of Controlled Equipment Use Policies Recommended by the Police Commission. The following Controlled Equipment Use Policies as presented to the Police Commission are approved for acquisition and use and included in the Exhibits for reference as indicated below:
Department General Order 1-27: Long-Range Acoustical Device (Exhibit A) Department General Order 1-28: Mobile Command Centers (Exhibit B) 2 SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional SECTION 4. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
JAN IT 2023PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID,
PRESIDENT FORTUNATO BAS
NOES - 0
ABSENT-jP
ABSTENTION -0
ATTEST: O'ASHA REED
City Clerk and Clerk of tne Council of the
City of Oakland, California
>nuaDate of Attestation:
Introduction Date
3227041vl
3 4
NOTICE AND DIGEST
ORDINANCE APPROVING CONTROLLED EQUIPMENT USE
POLICIES FOR THE OAKLAND POLICE DEPARTMENT
ACQUIRE AND USE THE FOLLOWING TYPES OF “MILITARIZED”
EQUIPMENT IN CONFORMANCE WITH GOVERNMENT CODE
SECTION 7070 AND OAKLAND MUNICIPAL CODE CHAPTER 9.65:
(1) THE LONG RANGE ACOUSTIC DEVICE; AND (2) MOBILE
COMMAND CENTERS
TO
State and City of Oakland (City) law require that certain types of equipment, deemed “militarized” or military equipment, be approved by the local governing body prior to being acquired and used by local law enforcement. This ordinance approves two types of such equipment as specified above in the title for this ordinance.