Military Equipment Funding, Acquisition, and
Use Policy - 1
Copyright Lexipol, LLC 2022/06/29, All Rights Reserved.
Published with permission by San Leandro Police Department San Leandro Police Department
San Leandro PD Policy Manual
Updated 5/2/2023 and reflected in red
Updated on 5/8/2023 and reflected in purple
Military Equipment Funding, Acquisition, and
Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – San Leandro 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.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Policy
707
San Leandro Police Department
San Leandro PD Policy Manual
Military Equipment Funding, Acquisition, and Use Policy Copyright Lexipol, LLC 2022/06/29, All Rights Reserved.
Published with permission by San Leandro Police Department Military Equipment Funding, Acquisition, and
Use Policy - 2
707.2 POLICY
It is the policy of the San Leandro Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 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) Acting as liaison to the governing body 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 acquire that requires approval by the governing body.
(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 the San Leandro 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 and ensuring that the report is made available on the department website (Government Code § 7072).
(g) 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.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: Military Equipment Inventory 22 04 21.pdf 707.5 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 San Leandro Police Department
San Leandro PD Policy Manual
Military Equipment Funding, Acquisition, and Use Policy Copyright Lexipol, LLC 2022/06/29, All Rights Reserved.
Published with permission by San Leandro Police Department Military Equipment Funding, Acquisition, and
Use Policy - 3
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. 707.5.1
For all previously-approved equipment, the Department has the authority to purchase replenishment items throughout the year as needed to maintain adequate inventory due to use, breakage, or expiration
707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any department member or other law enforcement agency engaged in a collaborative effort with the department within this jurisdiction unless the military equipment is approved for use in accordance with this policy. Outside agencies providing mutual aid in San Leandro or otherwise independently engaged in law enforcement operations within San Leandro, shall comply with their respective departmental policies. 707.7 USE IN EXIGENT CIRCUMSTANCES
If there is a good faith belief that an emergency involving the danger of, or imminent threat, of death or serious physical injury to any person or destruction of property is occurring, has occurred, or is about to occur, In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.
In accordance with this section, if the department acquires, borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. (a) Provide written notice of the acquisition or use to the City Council within 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit San Leandro Police Department
San Leandro PD Policy Manual
Military Equipment Funding, Acquisition, and Use Policy Copyright Lexipol, LLC 2022/06/29, All Rights Reserved.
Published with permission by San Leandro Police Department Military Equipment Funding, Acquisition, and
Use Policy - 4
a proposed amended military equipment policy to the City Council within 90 days following the borrowing, acquisition and / or use, and receive approval for continued use.
(c) Include the equipment in the department's next annual military equipment report. 707.8 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).
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. 707.9 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 a regularly scheduled Community Police Review Board Meeting, at which time the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.