City of Santa Monica
Public Safety Reform and Oversight Commission
Report to City Council regarding:
Review of DRAFT Ordinance Approving Military Equipment
Use Policy and PROPOSED Santa Monica Police Policy [707] in Compliance with Assembly Bill 481
July 14, 2022
July 14, 2022
1 INTRODUCTION
Through City Staff, City Council directed the Public Safety Reform and Oversight Commission (PSROC) to review, discuss, and provide input regarding the proposed DRAFT ordinance and corresponding police policy governing certain police equipment.
At the May 12, 2022 PSROC meeting, the Commission received a presentation by Captain Candice Cobarrubias and Lieutenant Bob D’Andrea, of the Santa Monica Police Department, and Ms. Kirsten Galler, a representative of the City Attorney’s Office. The Presentation covered the following:
History of AB481
Requirements of AB481
Development of DRAFT Ordinance and Policy
Reporting Requirements by the Police Department
Commissioners at the meeting asked several questions regarding specific equipment falling under the definition of “Military Equipment”. Questions involved the police robots, air drones, the BearCat Armored Rescue Vehicle, and the tear gas launchers (to name just a few). This was presented as a discussion Item only and no action was taken.
At the June 9 Commission meeting, the Commission again discussed the proposed DRAFT ordinance and corresponding police policy governing “Military Equipment”. After more discussion, it was decided that the Commission would be best served if members had additional time to review the documents. A decision was made to postpone action and have the Use of Force Committee and the Protest and Crowd Management Systems Committee conduct a joint subcommittee meeting, allowing both Commission members and the community to review and follow up with questions and/or concerns.
JOINT SUBCOMMITTEE MEETING JUNE 22, 2022
Commissioners present for the June 22, 2022, joint subcommittee meeting of the Use of Force Committee and the Protest and Crowd Management Systems Committee were:
Chair Devermont, Vice Chair Centeno, Commissioner Miller, Commissioner Palazzolo, Commissioner McLaughlin-Basseri, Commissioner Raman, and Commissioner Scott.
Representatives of the Santa Monica Police Department attended the meeting and again made themselves available for questions. The public was also allowed to ask questions and provide commentary.
Some Commission members voiced concern about the use and cost of the Armored Rescue Vehicle made by Lenco Inc. The “BearCat” is a tactical rescue vehicle built on a Ford F550 truck chassis specifically designed for law enforcement/public safety use.
Concerns were voiced by the public and some members of the Commission that the BearCat was a weaponized military offensive weapon. It was made clear that the BearCat was NOT equipped with any weapons; rather, it is designed for officer safety, whether used in rescue operations, tactical transport operations, or crowd control situations.
Questions were asked regarding whether there is a viable and equal alternative to the July 14, 2022
2 BearCat Rescue Vehicle. (See chart below for more information on the BearCat.) Other questions concerned the use of the BearCat by other law enforcement agencies and the Santa Monica Police Department’s responsibilities in Mutual Aid agreements to the region. Prior to the meeting, a request was made to the Inspector General’s office regarding the following:
How does Santa Monica's policy compare to other departments - nationally (i.e., are there different policies that achieve the same purpose or better results)? Are less militarized alternatives being used that achieve the same purpose, or is there better equipment?
PRESENTATION BY INSPECTOR GENERAL
While the Inspector General (IG) was unable to attend the joint meeting, a representative of the office, Ms. Teresa Magulo, was present. Questions were asked of the IG regarding the Assembly Bill Mandate. It was reported by the IG’s office that the ordinance and policy presented by the City Council and the Santa Monica Police Department (SMPD) are consistent with other cities and police agencies in California.
FURTHER DISCUSSION AND FOLLOW-UP QUESTIONS
Following discussion, the Police Department and the IG’s office were asked if they could provide further information on the following: (The responses are in BOLD) Provide a list of Law Enforcement Agencies (LEAs) that have overtly chosen to not purchase the BearCat
o [IG office is] aware of no LEAs that have overtly chosen not to purchase the BearCat, but perhaps the closest scenario was what occurred in Davis, [California]. In 2019, the Davis Police Chief requested that Council approve his request to purchase an Armored Rescue Vehicle (ARV), a Ford Transit Van (360 HD Eco Boos V6).
Council unanimously approved its purchase. In 2014, the Davis City Council rejected a request by the police department to accept a MineResistant Ambush Protected Vehicle (MRAPV). From that list of LEAs not using the BearCat, provide a list of alternative militarized vehicles
o Other than the Davis ARV and the MRAPV noted above, [the IG’s office is] not aware of other alternative militarized vehicles that have been purchased in lieu of the BearCat.
o Regarding elected bodies that have declined to purchase armored vehicles, [the IG’s office] conducted an Internet search which revealed that in 2022, according to media reports, Johnson County Iowa’s Board of Supervisors rejected a request from the Sheriff to purchase a BearCat to replace the MRAPV currently in operation. As a result of that rejection, the Sheriff decided to continue to use the MRAPV.
July 14, 2022
3 o The Internet search further revealed that, according to media reports in 2019, Oakland’s Police Commission rejected a request by the Chief to purchase a second BearCat, but the department planned to continue to deploy the BearCat that it had already purchased and had been using for several years.
o The Internet search further revealed that in 2012, the Cities of Berkeley and Albany, and the administration of UC Berkeley, rejected a request by the three police chiefs to obtain a BearCat through a federal grant. Provide three examples of specific incidences where the BearCat was used successfully to justify its use.
o SMPD
o 2022 January. 1800 12th street. Shots fired barricaded suspect, BearCat allowed for negotiating time, [safely deployed police personnel in close] proximity to location, evacuation of residents, and staging of equipment close to the location. Suspect surrendered without incident
o 2022 March. 2200 4th Street. Domestic violence hostage standoff then barricaded suspect. Provided officer safety in evacuation, stand-off, and negotiation scenarios. Successful resolution.
o Other Agencies:
o 2018 Mudslides Santa Barbara County
More examples were provided by the Santa Monica Police Department and can be provided on request.
Specific complaints regarding the new policy for use of militarized vehicles and weaponized vehicles
o As of this date, we have [not] received [any] complaints regarding the new policy for use of military equipment or militarized vehicles. The Department does not have any weaponized vehicles in its inventory. We have also [not] received [any] complaints where the BearCat was used in contradiction to the policy.
o While no complaints were received by SMPD, the PSROC had two witnesses who alleged that weaponry was used inappropriately toward them. This is a voiced concern of the PSROC.
BEARCAT ARMORED VEHICLE ALTERNATIVES
As noted above, there have been law enforcement agencies that have attempted to purchase a BearCat but were not successful in receiving the federal grant. Another department was unsuccessful in purchasing a second BearCat but continues to deploy the BearCat they currently have as part of their officer safety equipment inventory.
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4 Finally, a questioner asked whether there is an alternative vehicle (specifically the Chevy Suburban) that could be outfitted to serve the same purpose as the BearCat Rescue Vehicle. Below is that comparison, as provided by the Santa Monica Police Department.
BEARCAT RESCUE VEHICLE CHEVROLET SUBURBAN
Seating 12(2+10) plus 12 on running
boards for a total of 24 officers deployed
2+2+2 total of 6 officers. Running boards
would allow for 6 additional officers.
Would need 3-4 vehicles to accommodate
current staffing ($852,000 to $1,136,000)
Limited armor warranty (24 Months)
Interior room for 2 tactical medics to treat
patient. (Possibly 2 patients depending on
other equipment or officers.
No space for tactical medics to rescue
and/or provide medical first aid on patient.
Elevated chassis to clear debris and other
obstacles
Limited ground clearance to roll over curbs
Able to deploy on beach sand with
equipment for emergencies
Limited capability to respond onto beach
sand areas with full tactical load.
Cost $289,000 / Vehicle Cost $284,000 / Vehicle
SUMMARY AND FINDINGS
Presentations were completed by the Santa Monica Police Department with assistance from the City Attorney’s Office. Additional information was requested and received from the Inspector General’s Office regarding similar and like “categorized military equipment” being used by other law enforcement agencies. Many questions and concerns were raised, and responses were provided by the Police Department and the Inspector General’s Office. A joint subcommittee public meeting took place and much deliberation and discussion followed. Some commissioners voiced concerns regarding specific items within the current inventory of equipment listed in the DRAFT ordinance.
However, it has been determined that the equipment listed is needed for the SAFE and immediate response of police personnel and resources, and there is not a currently viable alternative to the listed equipment sufficient to meet the officer safety and emergency needs of an effective law enforcement agency, specifically the Santa Monica Police Department. Further, it is determined that the listed equipment is needed to protect the lives of Santa Monica residents, the City’s many visitors, and the police officers who respond to deadly or dangerous circumstances and various unexpected situations and emergencies.
July 14, 2022
5 RECOMMENDATION
It is the recommendation of this Commission that the City Council move forward with the DRAFT ordinance and the corresponding PROPOSED police policy regarding AB481, which governs police equipment categorized as “Military Equipment”, as written.
July 14, 2022
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