City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 7.D
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy
Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance to approve the military equipment use policy in compliance with Assembly Bill 481.
2. Direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council.
Executive Summary
A new California Law, Assembly Bill (AB) 481, requires a law enforcement agency to obtain approval from the applicable governing body (here, the City Council) of its military equipment use policy by ordinance regarding the funding, acquisition, and use of military equipment. (See Attachment A.) AB 481 has designated certain equipment as “military equipment,” regardless of whether it was procured from the military or not.
In order to continue to use such equipment acquired prior to January 1, 2022, AB 481 requires the governing body to commence the approval process by May 1, 2022 and adopt the policy within 180 days thereafter.
To comply with the requirements of AB 481, staff recommends that Council commence the approval process by conducting a first reading of the attached ordinance approving a military equipment use policy. (See Attachments B, C.) Staff further recommends that Council direct staff to bring the military equipment use policy to the Public Safety 2 of 8
Reform and Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council.
Background
AB 481 defines “military equipment” to include equipment such as unmanned, remotely piloted, powered aerial or ground vehicles; Humvees; command and control vehicles; breaching apparatuses that are explosive in nature; flashbangs; and firearms and ammunition of .50 caliber or greater. Gov. Code, § 7070(c); see Attachment A (AB 481). It is not necessary for equipment to have been procured from the military in order for it to meet the definition of military equipment.
AB 481 defines a “military equipment use policy” as a written document governing the use of military equipment that, at a minimum, addresses 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, 3 of 8
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.”
Gov. Code, § 7070(d).
AB 481 requires a law enforcement agency to “commence a governing body approval process” prior to May 1, 2022. If the governing body does not approve and adopt the military equipment use policy within 180 days of when it is first submitted, the law enforcement agency must cease using the military equipment until the policy is approved and the ordinance adopted. AB 481 also requires that any proposed military equipment use policy be made publicly available on the internet website for the law enforcement agency at least 30 days prior to any public hearing concerning the military equipment at issue and for as long as the military equipment is available for use. Gov.
Code, § 7071(b), (d)(2).
Pursuant to AB 481, Council may only approve the military equipment use policy if it determines that each of the following requirements are met. “(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.” 4 of 8
Gov. Code, § 7071(d)(1)(A)-(D).
If an ordinance approving a military equipment use policy is adopted, AB 481 requires SMPD to submit an annual military equipment report within one year of the policy’s adoption. City Council must then annually review the ordinance and determine whether to renew it and determine whether the use of the military equipment complied with the standards for approval. If there was noncompliance, Council must then either disapprove a renewal of the authorization for that type of equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
Discussion
In compliance with AB 481, SMPD drafted Policy 707, Military Equipment. (See Attachment B). This draft policy was publicly posted at https://www.santamonica.gov/ab-481-military-equipment on March 25, 2022, over 30 days before the Council’s consideration of this item. The proposed ordinance (Attachment C) approves Policy 707, as SMPD’s military equipment use policy in compliance with AB 481.
The policy provides guidelines for the approval, acquisition, and reporting requirements of military equipment as per Government Code sections 7070 through 7072. It also provides a catalogue of the military equipment in SMPD’s possession, along with the current use, required training, rules governing its use, and cost of each item. The proposed policy also requires the appointment of a designated Military Equipment Coordinator.
The proposed policy safeguards the public’s welfare, safety, civil rights, and civil liberties. The policy ensures that there are safeguards, transparency, oversight, and accountability measures in place. For example, in compliance with AB 481, the proposed ordinance and policy requires SMPD to submit a military equipment report to Council within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual military equipment report will also be made 5 of 8
publicly available on the Police Department’s website for as long as the military equipment is in use and has obtained necessary approval. As required by AB 481, SMPD will also hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing its annual military equipment report at which the community may discuss and ask questions about the report and SMPD’s funding, acquisition, and use of military equipment. In addition to providing input through public hearings, the policy provides information to members of the public on how to register complaints with SMPD related to its use of military equipment.
Given the broad definition of “military equipment” in AB 481, SMPD either utilizes or has in their inventory equipment that meets this definition. Items defined to be “military equipment” in AB 481 are used as part of overall best practices among law enforcement nationally and allow for the safe and timely resolution of dangerous encounters without risking undue harm to the community. No other reasonable alternatives have been identified that will achieve the same objectives of officer and civilian safety. For example, the use of ballistic equipment, less lethal munitions, drone as first responder vehicles (drones), and the like are foundational pieces of equipment used by law enforcement all over the world. Their purpose is to provide officers with more time to deescalate situations and for the development of safer tactical responses in which to resolve life threatening events, which furthers objectives of civilian and officer safety.
These are vital to the preservation of public safety and will continue to be regulated through internal processes and oversight. SMPD has remained committed to utilizing contemporary, efficient, and effective tools in the pursuit of safe outcomes.
Examples of military equipment described in the policy and their necessary role in achieving civilian and officer safety include the following:
• The use of drones provides SMPD the ability to obtain aerial coverage of high-risk locations. This reduces response times to high priority calls and provides officers responding to a location with a holistic view of an incident. Officers responding receive real time information from the drone, which informs SMPD’s resource management and need to escalate or downgrade its response. 6 of 8
• The use of armored vehicles provides a level of ballistic protection to both officers and citizens, which is a critical need during rescue type of operations, critical incidents, and other hazardous situations. Ballistic vehicles and equipment allow SMPD to gain greater proximity to a threat, which would not be possible without this equipment.
• The mobile command post, known as a command-and-control vehicle, is equipped with essential communication and audio-visual devices that provides SMPD an opportunity to be on scene, work closer to an incident, and leverage resource management. It provides mobility, sheltering, and logistical support.
For instance, during the Santa Monica Community College shooting, all mutual aid resources directed to the scene were guided to the mobile command post.
All decision making and resource placement was performed from one strategic location. Having a centralized incident command location is crucial to any largescale incident and having a command-and-control vehicle provides that. • Less lethal munitions are utilized as best practice methods to assist law enforcement personnel in a variety of contexts, including dealing with violent and riotous crowds that demonstrate a risk of physical harm, extracting a suspect from a fixed location, using in a structure where other weapons would not be safe to use. Use of such equipment, when reasonable, provides an alternative option to use of deadly force and allows law enforcement to address a threat from a greater, safer distance. There must be a clear and present danger and need for the use of such munitions. The use of less lethal munitions is highly monitored, and supervisor approval must be obtained before they are deployed. • Flashbangs and breaching tools are used by SMPDs Special Weapons and Tactics (SWAT) unit and require specialized training to be deployed. They are only utilized during high-risk situations and are necessary to distract and divert a suspect’s attention away from officers so that safer access can be gained. They are used to defeat locked, barricaded, or fortified locations which allow officers to conduct rescues or make entry into volatile locations involving a potential kidnapping or active shooter type of incidents.
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In addition to the equipment described above, SMPD is in possession of two (2) spotting scopes that were obtained through a military surplus program. They are designed to recognize objects at long distances. They hold a higher magnification range and provide a more defined image quality in low light conditions and extreme weather conditions. They increase accuracy in the officer’s target identification and placement resulting in less risk for missed or displaced targets. Should there be a need for a “long rifle team,” typically a SWAT function, the team will consist of a spotter and an operator.
The spotter’s function is a major component as they are the “eyes on” providing necessary and critical intelligence to the rifle operator using the spotting scope. Use of this equipment has been activated for major events in the City, such as the Los Angeles Marathon and other high-profile events on the Pier. They remain an integral part of our critical infrastructure protection package, and there is no reasonable alternative that achieves the same objectives of officer and civilian safety.
All equipment owned by SMPD that is defined by AB 481 will be managed by the Military Equipment Coordinator who will ensure that all equipment is catalogued annually and will make all necessary reporting and notifications for the Chief, the Council and for the annual community engagement meeting.
Should inventory of military equipment run low, pursuant to the policy, SMPD will be allowed to replenish that inventory as is necessary to maintain essential levels for SMPD needs and public safety. Replenishment will not exceed the amount approved by Council and will be documented in the annual report. Anything more than the approved inventory will have to be approved by Council.
As described above, the attached proposed ordinance approves the policy, makes the required findings under Government Code section 7071, and requires SMPD to prepare and publish the annual military equipment report. Pursuant to Government Code section 7071(a)(2), Council has a 180-day period from commencing the approval process through this first reading to adopt the ordinance and approve the policy. Staff recommends that Council direct staff to bring the policy to the Public Safety Reform and 8 of 8
Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council.
Financial Impacts
The financial impacts of the continued use of approved military equipment will vary due to the equipment or replenishment thereof. There are no immediate financial impacts related to the adoption of the ordinance and policy.
Prepared By: Belen Sahagun, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. Attachment A - AB481 (2021)
B. Attachment B - Military Equipment Use Policy
C. Attachment C - Proposed Ordinance Approving Military Equipment Use Policy D. Written Comment