Policy
706
Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use
Policy
706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisiti on, and reporting requirements of military equipment (Government Code §§ 7070, 7071, and 7072).
706.1.1 DEFINITIONS
State
MODIFIED
Definitions related to this policy include (Government Code § 7070):
Governing Body – The elected or appointed body that oversees the Department (City of Richmond City Council).
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 (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles).
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Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Funding, Acquisition and Use Policy - 1
Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Funding, Acquisition and Use Policy - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
State
It is the policy of the Richmond Police Department that member s of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Violations of this policy by member(s) of the Richmond Police Department will be investigated in accordance with RPD policy #1010.
706.3 MILITARY EQUIPMENT COORDINATOR
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 City Council 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 acquir e that requires approval by the City Council.
(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 Richmond 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 (prior to submission to the City Council per section 709.7) and ensuring that the report is made available on the department website (Government Code § 7072).
706.4 MILITARY EQUIPMENT INVENTORY
State
MODIFIED
The following constitutes a list of qualifying equipment for the Richmond Police Department, as well as provides legal and procedural rules for use and training requirements:
See: RPD Military Equipment Inventory.pdf
706.5 APPROVAL OF THIS POLICY
State
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance approving the military equipment policy. As part of the approval process, the Chief of Police or authorized designee shall ensure the proposed military equipment policy is submitted to the City Council, a public hearing is held, and the policy is available on the Department’s website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Funding, Acquisition and Use Policy - 3
The military equipment policy must be approved by the City Council 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 City Council.
(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.
706.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment used by any member of this jur isdiction shall be appro ved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rende ring mutual aid.
706.7 ANNUAL REPORT
State
Upon approval of this 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 within one (1) year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code § 7071(d)(1).
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 avai lable 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.
706.8 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 Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.8.1 COMMUNITY CONCERNS AND COMPLAINTS
State
The Richmond Police Department has established a Community Concerns and Complaints process with forms available in English and Spanish. The community will have the ability to provide verbal concerns/complaints over the telephone or in-person at the Police Facility (RPD policy #1010).
706.9 CITY COUNCIL APPROVAL
MODIFIED
Pursuant to California Government Code section 7071, the City Council of Richmond approved this Policy pursuant to Ordinance # on , 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council.
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Richmond Police Department Policy Manual
Attachments
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Attachment
Richmond Police Department Policy Manual
RPD Military Equipment Inventory.pdf