CITY COUNCIL STAFF REPORT
Meeting Date: March 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: INTRODUCE ORDINANCE NO. ___ AUTHORIZING A SPECIAL OR
MILITARY EQUIPMENT USE POLICY FOR THE PLEASANT HILL
POLICE DEPARTMENT PURSUANT TO CALIFORNIA ASSEMBLY
BILL 481
The proposed ordinance establishes guidelines for the acquisition, funding, use and reporting of special or “military equipment,” as defined in California Government Code section 7070, within the City of Pleasant Hill. The ordinance and accompanying policy, if approved, will fulfill the obligations set forth in Assembly Bill No. 481. These obligations include, but are not limited to, seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and accepting complaints regarding these items.
DISCUSSION
Background
In September of 2021, the California State Legislature passed Assembly Bill 481 titled, “Law enforcement and state agencies: military equipment: funding, acquisition, and use.” The Bill was approved by Governor Newsom on September 30, 2021, and amended California Government Codes §7070 – 7075, effective January 1, 2022. As amended, California Government Code §7071(b) now requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.
California Government Code §7070(d) describes a military equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
Analysis
The Pleasant Hill Police Department (PHPD) seeks City Council introduction of the attached ordinance and Specialized or Military Equipment Use Policy (Exhibit B), in order to allow PHPD to continue to use the specified vital equipment. Many of the items deemed to be military equipment by AB 481 are standard law enforcement equipment utilized throughout the state and the country. These tools have been tested in the field, and are used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and police officers within the City of Pleasant Hill.
The term military equipment, as used in AB 481 does not necessarily indicate equipment that has been used by or obtained from the military. If fact, PHPD does not own any equipment obtained from the military. An exhaustive list of military equipment as defined in California Government Code § 7070(c) can be found in Exhibit C.
PHPD is committed to using contemporary tools and equipment to safeguard the citizens of Pleasant Hill. Many of items deemed to be military equipment by AB 481 are in fact employed by PHPD, and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide police officers with a greater ability to safely resolve volatile situations, which, without their use, otherwise might rise to the level of a lethal force encounter. To this end, the items at issue in the proposed ordinance, and accompanying Specialized or Military Equipment Use Policy, provide PHPD police officers with vital tools that help facilitate compliance within the confines of its existing stringent use of force policy.
There is substantial interest in ensuring that law enforcement continues to have access to equipment that will provide police officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified in the proposed policy are vital to PHPD’s mission and will continue to be strictly regulated through internal processes, policies and oversight built into this new bill.
AB 481 further requires agencies to submit an annual military equipment report to their governing body for as long as the equipment is available for use and whenever new equipment is purchased. In addition, the bill requires agencies to hold at least one community engagement meeting within 30 days of submitting the proposed policy and publicly release an annual report. To encourage as much transparency as possible, the department intends on accomplishing this requirement via an annual Special and Military Equipment Use staff report and presentation at a regularly scheduled Council meeting. Further, AB 481 requires the posting of the military equipment inventory and Policy to the department’s website. This will be accomplished by posting this information to the department’s Transparency Portal. Lastly, agencies are required to establish procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment. This will be accomplished by posting the below contact information for to the department’s Transparency Portal. Via email to: [email protected]
Via phone call to: (925) 288--4600
Via mail sent to: Pleasant Hill Police Department
Attn: Military Equipment Use Coordinator
330 Civic Drive
Pleasant Hill, CA 94523
FISCAL IMPACT
There are no new financial considerations for the Pleasant Hill Police Department’s existing special or military equipment.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council introduce the proposed ordinance authorizing a special or military equipment use policy for the Pleasant Hill Police Department.
ALTERNATIVES TO RECOMMENDED ACTION
Council may decide to not approve all or part of the special or military equipment list prohibiting use of some or all items. However, staff is not aware of alternative equipment that will achieve the same objectives of safeguarding community and officer safety. There are no reasonable alternatives that will allow the department to legally continue to utilize the listed military equipment without Council approval.
ATTACHMENT(S):
Proposed Specialized or Military Equipment Use Ordinance (uncodified) Exhibit A –
Pleasant Hill Police Department Policy 706 (Special or Military Equipment Use Policy) Exhibit 1 - California Government Code § 7070(c) Military Equipment List Exhibit 2 - PHPD Specialized and Military Equipment Inventory List Prepared by: Scott Vermillion, Police Captain
Reviewed by: Bryan Hill, Chief of Police
June Catalano, City Manager