2nd Reading of Ord. 764 N.S. – Adoption of Military Equipment Use Policy

City of Piedmont

COUNCIL AGENDA REPORT
DATE: May 16, 2022
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: 2nd Reading of Ordinance 764 N.S., Adopting Piedmont Police Department Policy 710 Pertaining to Military Equipment Use

RECOMMENDATION
Approve the 2nd reading of Ordinance 764 N.S., adopting Piedmont Police Department Policy 710 pertaining to Military Equipment Use.

BACKGROUND
At its meeting of May 2, 2022, the Council approved the 1st reading of Ordinance 764 N.S., which authorizes the use of equipment defined as “military equipment” as required under AB 481 and approves Police Department Policy 710.

A second and final reading is required for adoption. Since the first reading, the ordinance has been posted on the City’s web site. No public comments have been received by the City Clerk’s office since the first reading.

By: John O. Tulloch, Assistant City Administrator / City Clerk Attachment:

A. Ordinance 764 N.S.

ORDINANCE NO. 764 N.S.

AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY
The City Council of the City of Piedmont hereby ordains as follows:

SECTION 1. PURPOSE AND FINDINGS
1) The purpose of this Ordinance is to adopt a military equipment use policy pursuant to California Government Code sections 7070 through 7075.
2) On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. 3) Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the governing body, prior to taking certain actions related to acquisitions, use, collaboration with another agency in the use of, or funding of military equipment as defined in California Government Code section 7070.
4) Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy. 5) Assembly Bill 481, requires that the approval by the governing body be memorialized by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws.
6) A draft of Piedmont Police Department Policy 710 “Military Equipment” was published on the Piedmont Police Department internet website and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071, and the process for submitting the policy for the City Council’s consideration was commenced prior to May 1, 2022.
7) The military equipment identified in the Policy 710 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
8) Piedmont Police Department Policy 710 Military Equipment safeguards the public’s safety, welfare, and civil rights and liberties.
9) Piedmont Police Department Policy 710 Military Equipment meets the requirements of California Government Code section 7070, subdivision (d). 10) No prior military use policy has existed in the City of Piedmont that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future Attachment A Agenda Report Page 1
compliance.

SECTION 2. ADOPTION OF POLICY.

Piedmont Police Department Policy 710 “Military Equipment” is hereby approved and adopted.

SECTION 3. ENVIRONMENTAL REVIEW.

The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

SECTION 4. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part of it is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, the illegality, invalidity, unconstitutionality, or inapplicability will not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of the Ordinance or their applicability to other persons or circumstances.

SECTION 5. PUBLICATION AND EFFECTIVE DATE
This ordinance shall be posted at City Hall after its second reading by the City Council for at least thirty (30) days and shall become effective thirty (30) days after such second reading and approval by the City Council.
[END OF ORDINANCE]
Attachment A Agenda Report Page 2
Piedmont Police Department
Piedmont PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/27, All Rights Reserved.

Published with permission by Piedmont Police Department ***DRAFT*** Military Equipment - 2 710.2 POLICY
It is the policy of the Piedmont Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Policy Section 321, Standards of Conduct is applicable and will be used to ensure compliance of this Policy #710. Any complaint, concern, or question regarding Policy #710 should be directed to the City of Piedmont Chief of Police, available at (510) 420-3010.
710.3 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) 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.
(b) Conducting an inventory of all military equipment at least annually. (c) Collaborating with any allied agency that may use military equipment within the jurisdiction of Piedmont Police Department (Government Code § 7071). (d) 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.
(e) 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).
(f) 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.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Table 1:

Weapon
Type
Manufacturer Serial
Number
Date
Acquired
Purchase
Cost
Annual
Maintenance
Expense
Annual
Training
Hours
M4 Rifle Rock River
Arms
AC2022459 9/12/2019 $1,000.00 $25.00 12
Attachment A Agenda Report Page 3
Piedmont Police Department
Piedmont PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/27, All Rights Reserved.

Published with permission by Piedmont Police Department ***DRAFT*** Military Equipment - 3 M4
Rifle
Rock River
Arms
AC2022481 9/10/2021 $1,000.00 $25.00 12
M4
Rifle
Rock River
Arms
CM155434 9/2/2021 $1,000.00 $25.00 12
M4
Rifle
Rock River
Arms
CM155453 9/9/2021 $1,000.00 $25.00 12
M4
Rifle
Rock River
Arms
CM155527 9/12/2019 $1,000.00 $25.00 12
M4
Rifle
Colt CR220128 3/2/2021 $1,100.00 $25.00 12
M4
Rifle
Colt CR220144 6/23/2020 $1,100.00 $25.00 12
M4
Rifle
Colt CR220151 4/29/2019 $1,100.00 $25.00 12
M4
Rifle
Colt CR219472 9/12/2019 $1,100.00 $25.00 12
M4
Rifle
Colt CR218577 9/12/2019 $1,100.00 $25.00 12
40mm Penn Arms GS4786 04/01/2021 $870.35 $25.00 4
40mm Penn Arms GS6315 04/01/2021 $870.35 $25.00 4

1. M4 Rifle
(a) Description, quantity, capabilities, and purchase cost See Table 1.
(b) Purpose: Patrol rifles enable officers when in compliance with the PPD's Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. In both short and long-distance deployments, patrol rifles allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision. (c) Authorized use: Situations for use may include, but are not limited to:
• Situations where the member reasonably anticipates an armed encounter. • When a member is faced with a situation that may require accurate and effective fire at long range.
• Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.

Published with permission by Piedmont Police Department ***DRAFT*** Military Equipment - 4 • When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When a member reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
(d) Training – Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. (e) Lifespan – Approximately 15 years
(f) Fiscal impact – Annual maintenance expense is estimated at $25.00 for each M4 Rifle. Annual maintenance includes a detailed review of the weapon, audit check and repair of worn parts. (g) Legal and Procedural Rules - Use of M4 Rifle is subject to requirements of Piedmont Police Policy Section 300: Use of Force and Section 306: Firearms. It is the policy of the Department to utilize the M4 Rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

2. 40 mm
(a) Description, quantity, capabilities, and purchase cost See Table 1.
(b) Purpose – The 40mm launcher affords the ability to use less lethal and impact munitions.

This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. When necessary, there is no alternative to these less lethal weapon systems.
(c) Authorized use – Situations for use may include, but are not limited to:
• The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
• The suspect has made credible threats to harm him/herself or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
• There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
(d) Training – Sworn members are required to attend an initial 4 hour training and additional annual training thereafter.
(e) Lifespan – Approximately 15 years
(f) Fiscal impact – Annual maintenance expense is estimated at $25.00 for each 40mm. Annual maintenance includes a detailed review of the weapon, audit check and repair of worn parts.

Ammunition costs can very based on the training but are approximately $5000.00 per year.

Published with permission by Piedmont Police Department ***DRAFT*** Military Equipment - 5 (g) Legal and Procedural Rules – Use of 40 mm is subject to requirements of Piedmont Police Policy Section 300: Use of Force and Section 303 Control Devices and Techniques. It is the policy of the Department to utilize 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force. 710.5 APPROVAL
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. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

Published with permission by Piedmont Police Department ***DRAFT*** Military Equipment - 6 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. 710.8 COMMUNITY ENGAGEMENT
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.

Attachment A Agenda Report Page 7

Piedmont City CouncilMay 16, 2022

Piedmont City Council
May 16, 2022