APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
EMERGENCY ORDINANCE APPROVING CONTROLLED
EQUIPMENT USE POLICIES FOR THE OAKLAND POLICE
DEPARTMENT TO ACQUIRE AND USE THE FOLLOWING TYPES OF
“MILITARIZED” EQUIPMEN T IN CONFORMANCE WITH
GOVERNMENT CODE SECTION 7070 AND OAKLAND MUNICIPAL
CODE CHAPTER 9.65:
(1) DEPARTMENTAL GENERAL ORDER K-7 (MILITARY
EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY);
(2) DEPARTMENTAL GENERAL O R D E R K - 6 ( D E P A R T M E N T RIFLES); AND (3) AND DEPARTMENTAL GENERAL ORDER I-26 ON (REGARDING ROBOTS AND RE MOTE CONTROLLED GROUND
SYSTEMS)
WHEREAS, California Government Code Section 7070 (Government Code 7070) and Oakland Municipal Code Chapt er 9.65 (Chapter 9.65) require that that the City Council authorize the Oakland Po lice Department’s (OPD) acquis ition and use of “Controlled Equipment” or “Militarized” equipment by approving Controlled Equipment Use Policies for such equipment; and
WHEREAS, at their January 17, 2023 meetin g, the City Council considered an ordinance to approve the recommendations of the Police Commissi on to approve several Controlled Equipment Use Policies, including Departmental Gener al Order K-7 (Military Equipment Funding, Acquisition, a nd Use Policy), Departmental G eneral Order K-6 (Department Rifles), and Departmental General Order I-26 (regar ding Robots and Remote Controlled Ground Systems) but rejected approval of these particular policies; and
WHEREAS, also on January 17, 2023, the City Council adopted a resoluti on, pursuant to Section 604(b)(4) of t he Oakland City Charter, dire cting the Oakland Police Commission to propose changes to Departmental General Order K-7 (Military Equipment Funding, Acquisition, and Use Polic y), Departmental General Ord er K-6 (Department Rifles), and Departmental Gene ral Order I-26 (regarding Robots and Remote Controlled Ground Systems); and
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WHEREAS, in response to the City Council’s January 17, 2023 resolution’s direction, the Police Commission has convened to deliberate on additional changes to the above-referenced policies; and
WHEREAS, upon completion of its post January 17, 2023 deliberations, the Police Commission has recommended that the City Council approve Depart mental General Order K-7 (Military Equipment Funding, Acquisition, and Use Policy), Departmental General Order K-6 (Department Rifles), and Departmental General Order I -26 (regarding Robots and Remote Controlled Ground Systems), as set forth in Exhibits A, B, and H, respectively; 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
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NOW, THEREFORE, THE CITY COUNCI L 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. Emergency Need.
In accordance with Section 213 of the Oakland City Charter, the City Council finds and declares that adoption of this Emergency Ordinance is necessary for preserving the public peace, health and safety for the following reasons:
A. Departmental General Order K-7 (Military Equipment Funding, Acquisition, and Use Policy), Departmental General Order K-6 (Department Rifles), and Departmental General Order I-26 (regarding Robots and Remote Controlled Ground Systems) must be approved by a statutory deadline of March 30, 2023.
B. If these Controlled Equipment Use polices are not approved by such deadline, the Oakland Police Department (OPD) must stop use of the equipment in question until City Council approval occurs.
C. If there is such a lapse in approval to use this equipment, that poses a risk that OPD will not be able to use the equipment in situations where it is needed to protect the public and police personnel, in dangerous situations.
SECTION 3. Approval of Controlled Equipment Use Policies Recom mended by the Police Commission. The following Controlled Equipment Use Policies as recommended by the Police Commission are approved for acquisition and use and incl uded in the Exhibits for reference as indicated below:
A. Departmental General Order K-7: Military Equipment Funding, Acquisition, and Use Policy (Exhibit A);
B. Departmental General Order K-6: Department Rifles (Exhibit B); C. Departmental General Order I-26: Robots and Remote Controlled Ground Systems (Exhibit H).
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of thi s Ordinance is for any reason held to be invalid or unconstitutio nal 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 p assed this Ordinance and each section, subsection, clause or ph rase thereof irrespective of t he fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
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SECTION 5. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; ot herwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
D a t e o f A t t e s t a t i o n :
5 3247991
2650157v8/ Attorney Initials - updated 12/28/2021
NOTICE AND DIGEST
EMERGENCY ORDINANCE APPROVING CONTROLLED
EQUIPMENT USE POLICIES FOR THE OAKLAND POLICE
DEPARTMENT TO ACQUIRE AND USE THE FOLLOWING TYPES OF
“MILITARIZED” EQUIPMEN T IN CONFORMANCE WITH
GOVERNMENT CODE SECTION 7070 AND OAKLAND MUNICIPAL
CODE CHAPTER 9.65:
(1) DEPARTMENTAL GENERAL ORDER K-7 (MILITARY
EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY);
(2) DEPARTMENTAL GENERAL O R D E R K - 6 ( D E P A R T M E N T RIFLES); AND (3) AND DEPARTMENTAL GENERAL ORDER I-26 ON (REGARDING ROBOTS AND RE MOTE CONTROLLED GROUND
SYSTEMS)
State and City of Oakland (City ) law require that certain types of equipment, deemed “militarized” or military equipm ent, be approved by the local g overning body prior to being acquired and used by local law enforcement. This Emergency Ordinance approves several forms of such equipment as specified above in the title for this ordinance.