• Any firearm or firearm accessory that is designed to launch explosive projectiles. • “Flashbang grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service issued pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullets, and specialty impact munition (SIM) weapons. • Any other equipment as determined by a governing body or a state agency to require additional oversight.
708.2 POLICY
It is the policy of the San Ramon Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specialized or military equipment.
As defined in the Government Code, the Specialized or Military Equipment Use Policy means a publicly released, written document that includes, at a minimum, all of the following:
• A description of each type of Specialized or Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
• The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Specialized or Military Equipment. • The fiscal impact of each type of Specialized or Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. • The legal and procedural rules that govern each authorized use. • 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 Specialized or Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Specialized or Military Equipment use policy. • The mechanisms to ensure compliance with the Specialized or 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. • 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 Specialized or Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. 708.3 SPECIALIZED OR MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the specialized or military equipment coordinator. The responsibilities of the specialized or military equipment coordinator include but are not limited to:
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Specialized or Military Equipment
• Acting as liaison to the governing body for matters related to the requirements of this policy. • Identifying department equipment that qualifies as specialized or military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
• Conducting an inventory of all specialized or military equipment at least annually. • Collaborating with any allied agency that may use specialized or military equipment within the jurisdiction of San Ramon Police Department (Government Code § 7071). • Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
o Publicizing the details of the meeting.
o Preparing for public questions regarding the department’s funding, acquisition,and use of equipment.
• Preparing the annual specialized or military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (GovernmentCode § 7072).
• 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 specialized or military equipment, and how the Department will respond in a timely manner. 708.4 SPECIALIZED OR MILITARY EQUIPMENT USE POLICY
Pursuant to California Government Code §7070, the Police Department will submit a Specialized or Military Equipment Use Policy for approval to the San Ramon City Council annually. 708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the specialized or military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specialized or 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 specialized or military equipment at issue (Government Code § 7071). The specialized or military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
• Requesting specialized or military equipment made available pursuant to 10 USC § 2576a. • Seeking funds for specialized or 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.
• Acquiring specialized or military equipment either permanently or temporarily, including by borrowing or leasing.
• Collaborating with another law enforcement agency in the deployment or other use of specialized or military equipment within the jurisdiction of this department.
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Specialized or Military Equipment
• Using any new or existing specialized or military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. • 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 theuse of specialized or military equipment.
• Acquiring specialized or military equipment through any means not provided above. 708.6 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 Specialized or Military Equipment that is not included in the Specialized or Military Equipment Use Policy.
If the Police Department acquires, borrows, and/or uses Specialized or 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 Specialized or 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 Specialized or Military Equipment in the Police Department’s next annual Specialized or Military Equipment Report.
708.7 COORDINATION WITH OTHER JURISDICTIONS
Specialized or Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specialized or military equipment is approved for use in accordance with this policy.
708.8 ANNUAL REPORT
Upon approval of a specialized or military equipment policy, the Chief of Police or the authorized designee shall submit a specialized or military equipment report to the governing body for each type of specialized or military equipment approved within one year of approval, and annually thereafter for as long as the specialized or military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual specialized or military equipment report publicly available on the department website for as long as the specialized or 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 specialized or military equipment in department inventory.
As required under the Government Code, the following information shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Specialized or Military Equipment:
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• A summary of how the Specialized or Military Equipment was used and the purpose of its use.
• A summary of any complaints or concerns received concerning the Specialized or Military Equipment.
• The results of any internal audits, any information about violations of the Specialized or Military Equipment Use Policy, and any actions taken in response. • The total annual cost for each type of Specialized or Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Specialized or Military Equipment in the calendar year following submission of the annual Specialized or Military Equipment Report.
• The quantity possessed for each type of Specialized or Military Equipment. • If the law enforcement agency intends to acquire additional Specialized or Military Equipment in the next year, the quantity sought for each type of Specialized or Military Equipment.
708.9 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 which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of specialized or military equipment.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints, concerns, or submit questions about the use of each specific type of Specialized or Military Equipment in this policy by any of the following means:
Via email to: [email protected]
Via phone call to: (925) 973-2700
Via mail sent to: San Ramon Police Department
Attn: Specialized or Military Equipment Use Coordinator 2401 Crow Canyon Road
San Ramon, CA 94583
ATTACHMENT
• SAN RAMON POLICE DEPARTMENT SPECIALIZED OR MILITARY EQUIPMENT
INVENTORY LIST
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Specialized or Military Equipment
Qualifying Equipment Owned/Utilized by the San Ramon Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA GC §7070(c)(1) Quantity Owned/Sought: 8 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Product Descriptions:
DJI Matrice 300 RTK (1 owned): The DJI Matrice 300 RTK is a commercial-grade drone platform that offers a maximum of 55 minutes of flight time and, due to its larger size and power, is capable of flying in higher wind conditions. It is equipped with a high-resolution camera, a FLIR thermal imaging sensor, and the capability to transmit a live video feed.
DJI Mavic II Pro (2 owned): The DJI Mavic II Pro is a small yet powerful drone with a maximum flight time of 31 minutes and the capability to transmit a live video feed.
DJI Mavic II Enterprise (1 owned): The Mavic II Enterprise is a drone solution with a FLIR thermal imaging sensor and is designed for use during search and rescue, policing, and firefighting support. It is a compact solution that is easily deployable with a maximum of 31 minutes in flight time.
DJI Mavic II Zoom (2 owned): The Mavic 2 Zoom is a professional quality drone with a high-resolution zoom camera and up to 31 minutes of flight time with the capability of transmitting a live video feed. DJI Mavic Mini (2 owned): The Mavic mini is a lightweight, compact, foldable drone that is handheld and weighs only 8.8 oz. It is small and light enough to fly indoors while still maintaining outdoor flight capabilities with a 2.5-mile transmission range and 31 minute flight time.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue, suspect apprehension, crime scene documentation, traffic collision documentation, tactical operations, scene security, hazard monitoring, identification, and mitigation, response to emergency calls, crisis communications, and legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software, and training were approximately $60,000. The ongoing cost associated with UAS operation and maintenance is estimated to be approximately $12,000 per year.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drone, staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
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Specialized or Military Equipment
Equipment Name: Unmanned, remotely piloted, powered ground vehicles - CA GC §7070(c)(1)
Quantity Owned/Sought: 1 owned Lifespan: 20 years
Equipment Capabilities: Allows for mechanical and robotic entry into confined spaces when physical entry by San Ramon Police Department personnel would pose a high risk to officer safety.
Product Description:
The AVATAR robot allows operators to safely inspect dangerous locations without physically entering a structure. It is quickly deployable, navigates various terrain (including stairs), has two-way audio capabilities, and allows the operator to visually inspect the location through a pan-tilt-zoom camera.
Purpose/Authorized Uses: This robot is used in response to critical incidents to enhance officer safety and community safety. The use of this robot shall only be authorized by a watch commander or SWAT Commander, based on the specific circumstances of a given critical incident.
Fiscal Impacts: The initial cost for this robot was approximately $8,000. Annual maintenance is estimated at less than $100.
Legal/Procedural Rules Governing Use: It is the policy of the San Ramon Police Department to only use this vehicle for official law enforcement purposes and pursuant to State and Federal law.
Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course.
Other Notes: None
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Specialized or Military Equipment
Equipment Name: Armored Personnel Carrier - CA GC §7070(c)(2) Quantity Owned/Sought: 1 owned Lifespan: 25 Years
Equipment Capabilities: This rescue vehicle is NIJ Level IV certified and designed to withstand multiple strikes from .50 caliber ammunition while still maintaining operational capabilities.
Product Description:
The Lenco BearCat is the standard tactical rescue vehicle for the law enforcement community in the United States. The BearCatG3 version utilizes a heavier duty upgraded suspension with off-road (run-flat) tires, rims, and increased ground clearance for emergency and natural disaster responses that traverse beyond traditional roadways. It seats up to 12 uniformed officers, and the 4-door version with an open floor plan allows for easier rescue of injured persons during critical incidents.
Purpose/Authorized Uses: This vehicle is used in response to critical incidents to enhance officer safety, community safety, improve scene containment and stabilization, officer and community rescues, and assist in the resolution of critical incidents. The use of this vehicle shall only be authorized by a watch commander or SWAT Commander, based on the specific circumstances of a given critical incident and in accordance with San Ramon Police Department Policy Section 409.
Fiscal Impacts: The initial cost for this vehicle was $325,000. Of this amount, $148,000 was off-set through supplemental Federal funding granted through the Bay Area Urban Area Security Initiative (BAUASI). Annual maintenance and costs for this vehicle are estimated at $2,500.
Legal/Procedural Rules Governing Use: It is the policy of the San Ramon Police Department to only use this vehicle for official law enforcement purposes and pursuant to State and Federal law.
Training Required: San Ramon Police Department members authorized to operate this vehicle have been trained by personnel who have completed a 24-hour CA POST-certified Tactical Armored Vehicle Operations course.
Other Notes: None.
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Equipment Name: Explosive breaching apparatuses - CA GC §7070(c)(7) Quantity Owned/Sought: Outlined below Lifespan: 10 years Equipment Capabilities: Allows for specially training San Ramon Police Department officers to utilize a specially designed shotgun to defeat a fortified locking mechanism.
Product Description:
A specially designed Remington 870 shotgun (1 owned) that is retrofitted with a spiked standoff breaching barrel that allows for the safe and effective firing of frangible copper rounds.
Compressed copper 12 gauge breaching rounds (32 owned): These 12 gauge shotgun rounds, which are restricted for law enforcement, military, or government use only, are manufactured using compressed copper. This design allows them to be fired into a locking mechanism or doors to defeat the mechanical system allowing for immediate entry by law enforcement personnel during a critical incident.
Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when San Ramon Police Department personnel, who are members of the Central County SWAT Team, encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.
Fiscal Impacts: The initial cost for this equipment was approximately $1100. Annual maintenance is conducted by San Ramon Police Department personnel.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Ramon Police Department Policies on Use of Force and Firearms.
Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a Tactical Breaching Course.
Other Notes: None
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Equipment Name: Specialized firearms - CA GC §7070(c)(10) Quantity Owned/Sought:
78 owned
(4 have converted to training weapons and are
no longer capable of firing .223 caliber
ammunition)
(4 are not in use due to safety-related recalls)
(8 have been removed from service due to
extensive use and reduced functionality)
Lifespan: Approximately 15 years
Equipment Capabilities: These patrol rifles are capable of firing .223 caliber ammunition with precision accuracy from extended distances, if necessary.
Product Description:
Bushmaster AR-15 A2 (3 owned), Colt AR-15 A2 (32 owned), Colt M4 (18 owned), and Rock River AR-15 A2 (25 owned) are lightweight .223 caliber semi-automatic carbine rifles.
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The cost of these rifles was spread out over the past 10+ years, and the total cost for the 78 rifles was approximately $94,000. The ongoing costs for ammunition will vary, and maintenance is conducted by departmental staff who are certified rifle armorers.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Ramon Police Department Policies on Use of Force and Firearms.
Training Required: 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.
Other Notes: For clarification purposes only, these rifles are standard issue service weapons for members of the San Ramon Police Department. As such, they are exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document out of an abundance of caution and in the interest of transparency.
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Specialized or Military Equipment
Equipment Name: Specialized Ammunition - CA GC §7070(c)(10) Quantity Owned/Sought: Outlined below Lifespan: 10 years Equipment Capabilities: Allows for specially training San Ramon Police Department officers to protect the community by enhancing their capability to accurately engage suspect(s) who present an immediate deadly danger to members of the community or public safety personnel.
Product Description:
Limited penetration .308 caliber rounds (1000 owned): This hyper expanding hollow point bullet immediately deposits its energy within a very short distance, reducing the risk of overpenetration beyond its intended target.
Tactical Barricade .308 caliber rounds (150 owned): This tactical bullet is designed to reduce fragmentation and stays intact when striking a mid-level barricade. The minimal deflection and fragmentation further enhance bystander safety.
Armor Piercing .308 caliber rounds (60 owned): This round is designed with a tungsten carbide core that does not break apart upon impact and transfers the residual energy to the target with the purpose of penetrating light armor.
Purpose/Authorized Uses: These specialized rounds are designed for use in response to critical incidents that present an immediate threat of deadly force to members of the community or public safety personnel.
Fiscal Impacts: The initial cost for ammunition was approximately $5,500. Ongoing annual cost is estimated at less than $1000.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Ramon Police Department Policies on Use of Force and Firearms.
Training Required: Authorized uses are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a 40-hour Rifle Marksmanship and Sniper/Observer Course. Users are required to maintain rifle qualification standards at the level in place for members of the Central County SWAT Team.
Other Notes: None
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Specialized or Military Equipment
Equipment Name: Flashbang grenades, tear gas, and pepper balls - CA GC Code §7070(c)(12)
Quantity Owned/Sought: Outlined below Lifespan: 5 years Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through sound and light or through the introduction of a chemical irritant impacting the eyes, nose, and skin.
Product Description:
Flashbang grenades (16 owned): The Defense Technology Low Roll Non-Reloadable Distraction Device produces 175 dB or sound output at 5 feet and 6-8 million candellas for 10 milliseconds.
Tear gas canisters (22 owned): The Defense Technology Spede-Heat CS grenade and Flameless Tri-Chamber grenade were designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects.
The purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. 40 mm Liquid CS Ferret round (74 owned): The Defense Technology 40 mm Liquid Ferret round is used primarily by tactical teams and is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
40 mm Direct Impact OC Foam round (23 owned): The Defense Technology 40mm OC Crushable Foam Round munition is a point-of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder.
PepperBall rounds (90 owned): The PepperBall projectile contains 2% PAVA and is designed for direct impact and area saturation, especially in confined, interior spaces.
Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when San Ramon Police Department personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.
Fiscal Impacts: The initial cost for this equipment is estimated at $6500. Ongoing annual maintenance and replacement costs are estimated at $1500.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Ramon Police Department Policies on Use of Force and Crowd Control.
Training Required: Officers authorized to use items listed in this section must have completed an 80-hour CA POST-certified Special Weapons and Tactics course. The exception being PepperBall rounds, of which all officers within the San Ramon Police Department have been trained and certified by approved PepperBall Instructors.
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Specialized or Military Equipment
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA GC §7070(c)(14)
Quantity Owned/Sought: Outlined below Lifespan: 15 years Equipment Capabilities:
Manufacturer Product Description:
40 mm launchers (15 owned): Penn Arms 40 mm launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers.
40 mm Kinetic Energy Munitions (78 owned): The eXact iMpact 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. The round utilized smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. 40 mm Multiple Wood Baton Round (5 owned): The 40 mm Multiple Wood Baton Round contains three wooden projectiles. It utilizes smokeless powder as a propellant. It is suitable for administering a means of pain compliance over a greater distance.
Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less-lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $24,000 and spread out over multiple years. The ongoing costs for munitions will vary, and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Ramon Police Department Policies on Use of Force and Crowd Control.
Training Required: Officers must complete a department-certified 40mm course as well as regular training and qualifications as required by law and policy.
Other Notes: None.
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Specialized or Military Equipment
Qualifying Equipment known to be owned and/or utilized by agencies with which the San Ramon Police Department collaborates for law enforcement purposes Equipment Name: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. CA GC §7070(c)(5) Quantity Owned/Sought: Lifespan:
Equipment Capabilities:
Manufacturer Product Description:
Purpose/Authorized Uses:
Fiscal Impacts:
Legal/Procedural Rules Governing Use:
Training Required:
Other Notes: The San Ramon Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of San Ramon.
Equipment Name: Breaching apparatus that are explosive in nature - CA GC §7070(c)(7) Quantity Owned/Sought: Lifespan:
Equipment Capabilities:
Manufacturer Product Description:
Purpose/Authorized Uses:
Fiscal Impacts:
Legal/Procedural Rules Governing Use:
Training Required:
Other Notes: The San Ramon Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of San Ramon.
Equipment Name: Flashbang grenades, explosive breaching tools, and tear gas - CA GC §7070(c)(12)
Quantity Owned/Sought: Lifespan:
Equipment Capabilities:
Manufacturer Product Description:
Purpose/Authorized Uses:
Fiscal Impacts:
Legal/Procedural Rules Governing Use:
Training Required:
Other Notes: The San Ramon Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of San Ramon.
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Specialized or Military Equipment
Equipment Name: Long Range Acoustic Device (LRAD) – CA GC §7070(c)(13) Quantity Owned/Sought: Lifespan:
Equipment Capabilities:
Manufacturer Product Description:
Purpose/Authorized Uses:
Fiscal Impacts:
Legal/Procedural Rules Governing Use:
Training Required:
Other Notes: The San Ramon Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of San Ramon.
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Packet Pg. 327 Attachment: B: Ordinance (Next in Line) (2022-24 : Specialized and Military Equipment Ordinance) 4/18/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
10.2.b
Packet Pg. 328 Attachment: A: Bill Text - AB-481 (2022-24 : Specialized and Military Equipment Ordinance) 4/18/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
10.2.b
Packet Pg. 329 Attachment: A: Bill Text - AB-481 (2022-24 : Specialized and Military Equipment Ordinance) 4/18/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, 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. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body.
10.2.b
Packet Pg. 330 Attachment: A: Bill Text - AB-481 (2022-24 : Specialized and Military Equipment Ordinance) 4/18/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 4/5 (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 pursuant to this chapter.
(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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
10.2.b
Packet Pg. 331 Attachment: A: Bill Text - AB-481 (2022-24 : Specialized and Military Equipment Ordinance) 4/18/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 5/5 (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
10.2.b
Packet Pg. 332 Attachment: A: Bill Text - AB-481 (2022-24 : Specialized and Military Equipment Ordinance)