Policy
705
San Marino Police Department
San Marino PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
705.1 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).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
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.
Attachment 3
San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 2 705.2 POLICY
It is the policy of the San Marino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 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 San Marino 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.
705.4 MILITARY EQUIPMENT USE POLICY
Pursuant to California Government Code § 7070, the Police Department will submit a Military Equipment Use Policy for approval to the San Marino City Council annually. 705.5 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.
San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 3 (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. 705.6 MILITARY EQUIPMENT USE CONSIDERATIONS
The Military Equipment acquired and authorized by the San Marino Police Department is:
(a) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(b) Necessary because there is no reasonable alternative that can achieve the same objective of officer safety and civilian safety.
Military equipment shall only be used by a San Marino Police Department employee only after applicable training, including any course required by the Commission of Peace Officer Standards and Training, has been completed, unless exigent circumstances arise. 705.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.
If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the Military Equipment in the Police Department's next annual Military Equipment Report.
San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 4 705.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.9 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. 705.10 MILITARY EQUIPMENT INVENTORY
The attached inventory list of Military Equipment constitutes a list of qualifying equipment for the San Marino Police Department. See attachment: Military Weapons Inventory 2023 4.pdf 705.11 FUNDING
The San Marino Police Department shall seek City Council approval 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.
Notwithstanding the above, the Department has authority to apply for funding prior to obtaining City Council approval. The Department shall obtain City Council approval as soon as practicable. 705.12 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
The Chief of Police has the authority to outfit Department personnel with standard issue Military Equipment. Further the Chief of Police may acquire and maintain the appropriate inventory for expendable Military Equipment in accordance with the City's Purchasing Policy.
To maintain public safety and welfare, it is the Department's intention to maintain Military Equipment supply levels as specified in they Policy. Therefore, when Military Equipment inventory supply levels have been depleted, damaged, destroyed, or due to for replacement, the Department may order, replenish, replace, and/or renew its stock. In addition, the Department shall, absent exigent circumstances, obtain City Council approval before acquiring Military Equipment not listed in this policy.
705.13 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 San Marino Police Department
San Marino PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Military Equipment - 5 the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.14 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members will comply with this policy. The Military Equipment Coordinator will conduct an annual audit with the assistance of the Support Service Commander, or his/her designee. All instances of non-compliance will be reported to City Council via the annual military equipment report. The City Council will review all non-compliance instances and issue appropriate directives to ensure compliance by the Department. The Support Services Commander, or his/her designee will report to the Chief of Police when instances of non-compliance have been resolved.
Any member of the public can register a question, concern, or complaint regarding military equipment use either in person, telephonically, or by email by contacting the San Marino Police Department's Support Services Commander, or his/her designee.
A response to the question, concern, or complaint shall be completed by the Department in a timely manner.