DPS Annual Military Equipment Report — Sunnyvale City Council, May 2, 2023

1 SUNNYVALE DEPARTMENT OF PUBLIC SAFETY

ANNUAL MILITARY

EQUIPMENT REPORT
January – December, 2022
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2 Table of Contents

Introduc�on ......................................................................................................................... 3 Deﬁni�ons............................................................................................................................. 4 Armored Personnel Vehicle……………………………………………………………………………………………….… 5 Energe�c Breaching Program……………………………………………………………………………………………... 7 Less-Lethal Launcher……………………………………………………………………………………………………..….. 11 Mobile Emergency Opera�ons Center (MEOC)………………………………………………………………..…. 15 Noise Flash Diversionary Device (NFDD)………………………………………………………….………………... 19 Pepper Projec�le Systems…………………………………………………………………………….…………………... 23 DPS SWAT Riﬂes………………………………………………………………………………………..………………………..28 DPS SWAT Sniper Riﬂes…………………………………………………………………………..……………………….… 35 Reconnaissance Robots……………………………………………………………………………………………………… 43 Tear Gas……………………………………………………………………………………………………………………………. .48 Unmanned Aircra� Systems…………………………………………………………………………….……………….. .54 2022 Equipment Purchase .................................................................................................. 60 Community Concerns and Complaints ................................................................................. 60 Internal Military Equipment Inventory & Audit ................................................................... 61 Projected Military Equipment Acquisi�on (2023) ................................................................ 62 Fiscal Impact……………………………………………………………………………………………………………………….62 Conclusion........................................................................................................................... 68

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3 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codiﬁed as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Sunnyvale Department of Public Safety to have a military use policy approved by the City Council prior to reques�ng, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdic�on only if it determines that the military equipment meets speciﬁed standards.

On April 5, 2022, the City of Sunnyvale City Council approved Ordinance NO. 3191-22 approving Sunnyvale Department of Public Safety Policy #705: Military Equipment Funding, Acquisi�on, and Use. Annually, the Sunnyvale Department of Public Safety must prepare a report in compliance with Assembly Bill 481. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to con�nue the Ordinance and Policy, take ac�on (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Sunnyvale Department of Public Safety retains and employs limited military equipment to safeguard its community. SDPS oﬃcers, cer�ﬁed instruc�onal staﬀ, and specialized units receive training throughout the year on the use of military equipment approved under the Policy.

This Annual Report outlines the Sunnyvale Department of Public Safety’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2022 through December 31, 2022. The Department will submit its Military Equipment Annual Report to City Council a�er December 31st of every year in compliance with AB 481.

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4 DEFINITIONS
Deﬁni�ons of Military Equipment established by California Government Code §7070: (SDPS u�lizes a limited number of the resources listed below) Military equipment includes but is not limited to the following types of equipment:
• Unmanned, remotely piloted, powered aerial or ground vehicles • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers • High mobility mul�purpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, ﬁve- ton trucks, or wheeled vehicles that have a breaching or entry apparatus atached

• Tracked armored vehicles that provide ballis�c protec�on to their occupants • Command and control vehicles that are either built or modiﬁed to facilitate the opera�onal control and direc�on of public safety units

• Weaponized aircra�, vessels, or vehicles or any kind
• Batering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram

• Firearms and ammuni�on of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammuni�on

• Specialized ﬁrearms and ammuni�on of less than .50 caliber, including ﬁrearms and accessories iden�ﬁed as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the excep�on of standard-issue weapons

• Any ﬁrearm or ﬁrearm accessory that is designed to launch explosive projec�les

• Noise-ﬂash diversionary devices and explosive breaching tools

• Muni�ons containing tear gas or OC, excluding standard, service-issued handheld pepper spray
• Taser Shockwave, microwave weapons, water cannons, and long-range acous�c devices (LRADs)
• Kine�c energy weapons and muni�ons
• Any other equipment as determined by a governing body or a state agency to require addi�onal oversight
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5 SUNNYVALE DPS – AB 481
Armored Personnel Vehicle ARV

1. Project Background and Descrip�on/Expected Lifespan
The Sunnyvale Department of Public Safety (SDPS) Armored Personnel Rescue Vehicle is an armored vehicle that is used for special opera�ons that pose a high safety risk to oﬃcers or the public. The vehicle provides ballis�c protec�on for the oﬃcers during dangerous law enforcement opera�ons. The vehicle is also used to assist with the rescue and protec�on of civilians in harm’s way during terrorist threats, hostage incidents, ac�ve shooter events, or other life-threatening situa�ons.

The vehicle is designed to provide protec�on from a variety of small arms ﬁre. The vehicle was built on the 2007 Ford F-550 Super Duty truck frame. This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The vehicle has an expected lifespan of approximately 20 years.

2. Purposes and Use
To be used in response to cri�cal incidents to enhance oﬃcer and community safety and assist in resolving cri�cal incidents. The use of the Armed Personnel Vehicle shall only be authorized by a supervisor. Sunnyvale DPS personnel are trained on the use of the Rescue Vehicle to help protect oﬃcers and civilians during a life-threatening emergency.

3. Fiscal Impact
The Sunnyvale Armed Personnel Vehicle was purchased in 2006 using grant funding. The vehicle cost approximately $292,000. The City of Sunnyvale currently pays for rou�ne maintenance and repairs made to the vehicle. The average cost to the City of Sunnyvale to maintain and repair the vehicle is $4,000.

4. Rules
The Sunnyvale ARV is currently assigned to the Bureau of Police Services and is housed at Sunnyvale DPS headquarters. The vehicle is operated by trained Sunnyvale DPS personnel. The vehicle is equipped with emergency lights and sirens and is governed by all the normal rules of the roadway.

The Sunnyvale ARV is available to respond to any large-scale event in Sunnyvale or the greater Bay Area. The vehicle can be requested by any on-scene Incident Commander (supervisor) to help manage an event.

The following Sunnyvale DPS Lexipol Policies govern the deployment of the ARV:

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6 SUNNYVALE DPS LEXIPOL POLICY 308.3 EMERGENCY MODE
Department emergency vehicles may be operated in emergency mode, as provided by 21055 CVC: In response to an emergency call, in pursuit of a suspected violator of the law, as directed by other DPS policy, or as directed by a supervisor.

Oﬃcers shall make assessments and inquiries regarding assignments before determining the need for emergency mode response.

Emergency mode drivers shall not overtake and pass other emergency mode vehicles unless there are two traﬃc lanes dedicated for vehicles in the direc�on of travel, and then only by passing to the le�.

A police vehicle driven to a ﬁre emergency should not be driven at a speed greater than that which is safe.

Emergency vehicle drivers shall drive with due regard for the safety of all persons and property (21056 & 21807 VC).

SUNNYVALE DPS LEXIPOL POLICY 308.5 RESPONSIBILITIES OF RESPONDING OFFICERS Oﬃcers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Oﬃcers shall reduce speed at all street intersec�ons to such a degree that they shall have complete control of the vehicle.

The decision to con�nue a Code-3 response is at the discre�on of the oﬃcer. If, in the oﬃcer's judgment, the roadway condi�ons or traﬃc conges�on does not permit such a response without unreasonable risk, the oﬃcer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the oﬃcer should immediately no�fy Dispatch. An oﬃcer shall also discon�nue the Code-3 response when directed by a supervisor.

5. Training
The Sunnyvale ARV is operated by Sunnyvale DPS personnel that have completed a 4-hour training course on the vehicle.

6. Compliance
The Sunnyvale DPS SWAT Team Captain shall ensure all personnel authorized to conduct explosive breaching will be properly trained and cer�ﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

7. Complaints or Concerns
Our department procedures regarding complaints are dictated in the Internal Aﬀairs Inves�ga�ons Standard Opera�ng Procedures Manual
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7 SUNNYVALE DPS – AB 481
Energe�c Breaching Program

1. Project Background and Descrip�on/Expected Lifespan
The primary use of energe�c breaching program is used by the Sunnyvale DPS SWAT team to provide an immediate, eﬃcient, an unexpected strategic entry during an emergency opera�on.

This calculated and surprise entry is intended to catch the suspect(s) oﬀ guard, permit swi� ingress, and allow SWAT personnel to quickly locate and assess poten�al threats concealed in enclosed structures. Eﬀec�ve breaching techniques allows Sunnyvale SWAT personnel immediate entry with minimal risk to themselves, the vic�ms and the suspects.

Energe�c breaching is a non-lethal force op�on. Sunnyvale SWAT personnel assigned as breachers are tasked with the objec�ve to aﬀect an entry shall consider the safety of innocent persons inside the stronghold, the safety of the suspect, and the safety of the tac�cal oﬃcers conduc�ng the opera�on.

Energe�c Breaching is used when there are no other reasonable alterna�ves to rapidly breach a loca�on. Energe�c Breaching is only used when �me is of the essence in order to preserve life.

Without these items, peace oﬃcers may not be able gain access to a loca�on in a safe and �mely manner to engage in necessary police opera�ons.

This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The energe�c breaching equipment u�lized by the Sunnyvale Department of Public Safety have an expected lifespan of approximately 5 years.

2. Purposes and Use
To safely make entry into a stronghold during an emergency situa�on. Energe�c breaching will calculate the minimum amount of material needed to gain entry into a designated target without harming occupants inside the stronghold or the oﬃcers involved in the entry.

3. Fiscal Impact
The ini�al energe�c breaching program was ini�ated in 2014. The startup costs and equipment have changed over the years. The ini�al costs for obtaining the equipment are based on 2020 prices:

Detona�on Cord: Price: $1.00 a foot Qty: 2000 feet Total: $ 2,000 Detonators: Price: $20.00 Qty: 319 Total: $ 6,380 Training of Personnel: Approximately $4,000 to train two oﬃcers Total approximate costs for the program: $ 12,380
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8 The es�mated annual costs to maintain, replenish, and service the energe�c breaching program equipment is approximately:

Detona�on Cord: Price: $1.00 a foot Qty: 1000 feet Total: $ 1,000 Detonators: Price: $20.00 Qty: 100 Total: $ 2,000 Training of Personnel: Approximately $4,000 to train two oﬃcers Total approximate annual costs for the program: $ 7,000

4. Rules
835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situa�on in light of the par�cular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objec�vely reasonable oﬃcer.” The Sunnyvale DPS SWAT energe�c breaching team will be composed of two energe�c breachers. The team will have an energe�c breaching team leader and a primary energe�c breacher. In order to maintain proﬁciency and to ensure the minimum number of breachers are always available, two members of the SWAT team will be assigned as assistant breachers An OSHA blaster’s license is required for energe�c breaching opera�ons, both training and mission speciﬁc. A licensed blaster has to be present at all energe�c breaching opera�ons. It shall be the intent of the SDPS SWAT team to constantly have two personnel trained and licensed with an OSHA blaster’s license.

A U.S. Department of Jus�ce, Alcohol Tobacco Firearms (ATF) Energe�c License or Limited Permit does not need to be applied for every year. As a government Law Enforcement agency, SDPS is exempt and does not need to possess an ATF permit to purchase or use energe�cs for breaching opera�ons. All energe�c purchases, materials used during training and opera�ons, all need to be recorded and records kept for ATF inspec�on. A running total of energe�c materials stored at SDPS needs to be logged and available for ATF audit at all �mes.

The Sunnyvale Fire Marshall needs to approve storage containers, storage site and approve energe�c material inventory.

Storage
The U.S. DOJ Department of Alcohol, Tobacco, and Firearms (ATF) regulate and license the purchase, storage, and use of energe�c materials. Energe�c breaching personnel will store energe�cs in accordance with ATF-Energe�cs Law and Regula�ons (ATF P 5400.7, Subpart K- Storage).

The energe�cs w ill be stored in ATF approved magazines, at a speciﬁc site designated by the Sunnyvale Fire Marshall. Energe�c breaching personnel will maintain a magazine log to record amounts of energe�c materials received and stored, amounts used in training and missions, Attachment 1

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9 along with running totals of each type of energe�c material. The log will include speciﬁc dates and will be posted next to each storage magazine.

5. Training
Given the complex nature and variety of skills that must be mastered and maintained, the high level of performance required, and perishable nature of these skills, each energe�c breacher must maintain a minimum standard of ten hours of energe�c training every month to include:

1. Work with detonators and ﬁring assemblies

2. Construc�on and detona�on of breaching charges

3. Review of energe�c composi�on theories and proper�es

4. Review of all related calcula�ons and formulas needed for the development of breaching plans

5. Review of all processed objec�ve data

6. Review and debrief of other unit opera�ons and research informa�on

There should also be at least ten addi�onal hours every year devoted to full mission proﬁle training. This should include all members of the SWAT team as required.

All energe�c breachers will atend an accredited “Basic Explosive Breaching” course taught by the Los Angeles Sheriﬀ’s Oﬃce (LASD). The course consists of a minimum of 40 hours. The course of instruc�on must include all areas of energe�c science, blast pressure, blas�ng regula�ons and compliance requirements, documenta�on and chare conﬁgura�ons as required of a contemporary energe�c breaching program.

Prior to performing an opera�onal breach of any kind, all energe�c breachers will be required to par�cipate in a minimum of 25 documented training “shots” with the unit and at least one training breach u�lizing the en�re SWAT team.

The energe�c breaching unit will maintain a breaching log which documents every energe�c breach, training or opera�onal. The designated energe�c breacher of each entry point shall be responsible for comple�ng a breaching report in a �mely manner whenever energe�c breaching charges are used.

The energe�c breaching team leader works directly with the other SWAT team leaders during cri�cal incidents and training events. He/she is responsible for:

1. The readiness of energe�c breaching equipment and personnel.

2. Maintaining all training records and opera�onal documents.

3. Evalua�ng all tac�cal informa�on and working with the SWAT team leader to develop, prepare, and execute the entry plan u�lizing the energe�c breaching team.

4. Maintaining data of opera�on methods and crisis site informa�on for future reference and use.

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10 5. Brieﬁng command staﬀ on the team’s breaching capabili�es

6. Con�nually evalua�ng the SWAT team’s mission and assignments to ensure the energe�c breaching team is in a constant state of readiness.

Energetic Breach After-Action Report
Following all tac�cal team opera�ons and signiﬁcant training events, a writen a�er-ac�on report shall be prepared by the energe�c breaching team leader and submited to the SWAT team leader.

The cri�que shall include:

A descrip�on of crime scene informa�on availability, accuracy, collec�on methods, and �ming of dissemina�on.

A descrip�on of the planning and prepara�on phase.

A descrip�on of the execu�on of the opera�on.

A descrip�on of the team’s performance.

Documenta�on of the objec�ve layout and construc�on in wri�ng, photographs, and video if possible.

This report should iden�fy deﬁciencies and correc�ve ac�ons as necessary for each phase and a recommenda�ons sec�on for ac�ons needed to eliminate deﬁciencies in the future.

These reports shall be maintained indeﬁnitely for future reference and historical data.

6. Compliance
The Sunnyvale DPS SWAT Team Captain shall ensure all personnel authorized to conduct energe�c breaching will be properly trained and cer�ﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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11 SUNNYVALE DPS – AB 481
Less-Lethal Launcher

1.Project Background and Descrip�on/Expected Lifespan
The less-lethal launcher is a launching pla�orm that uses a 37mm or 40mm rubber "baton" generally at distances around 10-20 yards. It is designed to be used on extremi�es such as arms or legs, similar to a handheld wooden baton, and is eﬀec�ve in suppressing events or incidents where the use of lethal force is not an appropriate response. Public Safety currently deploys the less-lethal launcher in patrol vehicles and reserves the 40mm launcher for SWAT opera�ons.

The less-lethal launcher expands the department's capability to responding to situa�ons where oﬃcers face non-lethal situa�ons where subjects are not complying with orders/direc�ons. The less-lethal launcher can poten�ally prevent a deadly force encounter.

This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The less-lethal launchers u�lized by the Sunnyvale Department of Public Safety have an expected lifespan of approximately 5 years.

2.Purposes and Use
The less-lethal launcher is used as a non-lethal op�on to oﬀer law enforcement oﬃcers to deliver a less than lethal projec�le to a subject in a poten�ally violent encounter. The less-lethal launcher system is a de-escala�on tool used to avoid further injuries or lethal op�ons on a subject.

3.Fiscal Impact
The Sunnyvale Department of Public Safety currently has two models of the less-lethal launcher:
the 37mm SAGE Deuce and the 40mm Penn Arms launcher.

SAGE Deuce 37mm Patrol Basic Launcher (Patrol Vehicles):

Price: $ 3,390 Qty: 6 Total: $20,340
SA
GE Deuce 37mm launcher muni�ons: Price: $ 3,980 Qty: 190 Pe
nn Arms 40mm Launcher (SWAT) Price: $ 2,348 Qty: 2 Total: $ 4,696 Pe
nn Arms 40mm launcher muni�ons: Price: $ 1,466 Qty: 70 To
tal approximate ini�al costs for one less-lethal system: $ 11,184 The replacement cost for this program is $25,000.

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12 The City of Sunnyvale currently pays for rou�ne maintenance and repairs made to the less lethal launchers. These costs vary depending on needs.

Other legal guidelines involve the use of kine�c energy projec�les and/or chemical agents such as 13652PC. It discusses when and when not to use kine�c energy projec�les and/or chemical agents during assemblies, protests, and/or demonstra�ons.

The following Sunnyvale DPS Lexipol Policies govern the deployment of less-lethal launchers:

SUNNYVALE DPS LEXIPOL POLICY 302.9 Kine�c Energy Projec�le Guidelines:

This department is commited to reducing the poten�al for violent confronta�ons. Kine�c energy projec�les, when used properly, are less likely to result in death or serious physical injury and can be used in an atempt to de-escalate a poten�ally deadly situa�on.

SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

Only department-approved kine�c energy muni�ons shall be carried and deployed. Approved muni�ons may be used to compel an individual to cease his/her ac�ons when such muni�ons present a reasonable op�on.

Oﬃcers are not required or compelled to use approved muni�ons in lieu of other reasonable tac�cs if the involved oﬃcer determines that deployment of these muni�ons cannot be done safely. The safety of hostages, innocent persons and oﬃcers takes priority over the safety of subjects engaged in criminal or suicidal behavior.
a. Circumstances appropriate for deployment include, but are not limited to, situa�ons in which:
b. The suspect is armed with a weapon and the tac�cal circumstances allow for the safe applica�on of approved muni�ons.
c. The suspect has made credible threats to harm him/herself or others. d. The suspect is engaged in riotous behavior or is throwing rocks, botles or other dangerous projec�les at people and/or oﬃcers.
e. There is probable cause to believe that the suspect has already commited a crime of violence and is refusing to comply with lawful orders.

SUNNYVALE DPS LEXIPOL POLICY 302.9.2 Deployment Considera�ons:

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13 Before discharging projec�les, the oﬃcer should consider such factors as:
a. Distance and angle to target.
b. Type of muni�ons employed.
c. Type and thickness of subject’s clothing.
d. The subject’s proximity to others.
e. The loca�on of the subject.
f. Whether the subject’s ac�ons dictate the need for an immediate response and the use of control devices appears appropriate.

A verbal warning of the intended use of the device should precede its applica�on, unless it would otherwise endanger the safety of oﬃcers or when it is not prac�cable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other oﬃcers and individuals that the device is being deployed.

Oﬃcers should keep in mind the manufacturer’s recommenda�ons and their training regarding eﬀec�ve distances and target areas. However, oﬃcers are not restricted solely to use according to manufacturer recommenda�ons. Each situa�on must be evaluated on the totality of circumstances at the �me of deployment.

The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be inten�onally targeted, except when the oﬃcer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the oﬃcer or others.

5. Training
Oﬃcers receive training on the proper use of the less-lethal launching systems by current manufacturer cer�ﬁed instructors. The training includes when the less-lethal launchers can be deployed, targe�ng areas, and repor�ng requirements.

Our procedural guidelines for training are dictated in the Sunnyvale DPS policy Manual:

SUNNYVALE DPS LEXIPOL POLICY 302.10 Training for Control Devices:

The Police Training Coordinator shall ensure that all personnel who are authorized to carry a control device have been properly trained and cer�ﬁed to carry the speciﬁc control device and are retrained or recer�ﬁed as necessary.

Proﬁciency training shall be monitored and documented by a cer�ﬁed, control-device weapons or tac�cs instructor.

All training and proﬁciency for control devices will be documented in the oﬃcer’s training ﬁle.

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14 proﬁciency with a control device or knowledge of this agency’s Use of Force Policy a�er remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 Repor�ng Use of Control Devices and Techniques:

Any applica�on of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy.

6. Compliance
Per Lexipol policy 302.10 (Training for Control Devices), the Training Coordinator shall ensure all personnel authorized to carry any control devices will be properly trained and cer�ﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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15 SUNNYVALE DPS – AB 481
Mobile Emergency Opera�ons Center (MEOC)

1. Project Background and Descrip�on/Expected Lifespan
In 2009, the Sunnyvale Department of Public Safety (DPS) received grant funding to design and procure a mobile pla�orm to deliver interoperable command/control, communica�on and data management assets to an opera�onal scene to support all-risk opera�ons. This Mobile Emergency Opera�ons Center (MEOC) is available for deployment to numerous jurisdic�ons within the Bay Area region. The vehicle helps strengthen informa�on sharing, collabora�on, and command and control, between numerous agencies during large scale emergencies. Addi�onally, the design of the vehicle complements mobile command centers and tac�cal assets being used by the Ci�es of Palo Alto and Santa Clara.

The MEOC is an unarmored vehicle similar to a large commercial recrea�onal vehicle. The MEOC also serves as an emergency dispatch center in the event of a catastrophic failure of the dispatch center housed within the DPS building.

This equipment is necessary because there is no reasonable alterna�ve that can achieve the same ob
jec�ve of oﬃcer and civilian safety. The MEOC u�lized by the Sunnyvale Department of Public Safety has no oﬀensive capabili�es.

The Sunnyvale DPS MEOC has an expected lifespan of approximately 20 years.

2. Purposes and Use
The Sunnyvale Department of Public Safety (DPS) is a unique agency in the Bay Area. Sunnyvale DPS is the only fully integrated Police, Fire, and EMS provider in the region. The MEOC provides seamless interoperable communica�ons, data management, and command/control abili�es during an emergency.

3. Fiscal Impact
The ini�al cost of the MEOC in 2012 was $315,694 (RTC 11-117) which was paid through grant funding. The City of Sunnyvale currently pays for rou�ne maintenance and repairs made to the vehicle. These costs vary depending on needs.

4. Rules
The MEOC is currently assigned to the Bureau of Fire Services and is housed at Sunnyvale Fire Sta�on 5. The vehicle requires a class C driver’s license with a ﬁreﬁghter endorsement to operate. The vehicle is equipped with emergency lights and sirens and is governed by all the normal rules of the roadway.

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16 The following Sunnyvale DPS Lexipol Policies govern the deployment of NFDDs:

SUNNYVALE DPS LEXIPOL POLICY 308.3 EMERGENCY MODE
Department emergency vehicles may be operated in emergency mode, as provided by 21055 CVC: In response to an emergency call, in pursuit of a suspected violator of the law, as directed by other DPS policy, or as directed by a supervisor.

Oﬃcers shall make assessments and inquiries regarding assignments before determining the need for emergency mode response.

A police vehicle driven to a ﬁre emergency should not be driven at a speed greater than that which is safe.

Emergency vehicle drivers shall drive with due regard for the safety of all persons and property (21056 & 21807 VC).

5. Training
The MEOC is operated by Sunnyvale DPS personnel that have completed a 4-hour training course on the vehicle.

Our procedural guidelines for training are dictated in the Sunnyvale DPS Policy Manual:

SUNNYVALE DPS LEXIPOL POLICY 501.2 POLICY
It is the policy of the City of Sunnyvale Department of Public Safety that all members who operat
e ﬁreﬁgh�ng equipment, including �ller operators, shall successfully complete driver training that meets or exceeds the requirements of the State Fire Marshal Fire Apparatus Driver/Operator 1A course (Vehicle Code § 12804.11).

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17 All Bureau of Fire Services supervisors shall plan, organize and coordinate training for members of their command. The main intent shall be such that personnel become thoroughly familiar with and be able to eﬀec�vely operate apparatus and equipment to which they are assigned.

The evalua�on of individual and company training eﬀec�veness shall be based on actual performance demonstra�on. This may be observed at rou�ne drills, calls for service, and the ability to successfully complete Department of Public Safety Cer�ﬁca�ons. Oﬃcers, regardless of tenure, who are deﬁcient in performing these standards will be required to demonstrate proﬁciency as a part of a mandatory improvement plan.

The Fire Training Program for ﬁre-based personnel has been formulated to provide direc�on for training PSO's assigned to the Bureau of Fire Services for the ﬁrst �me and for those returning a�er a long absence.

SUNNYVALE DPS LEXIPOL POLICY 501.3 PROCEDURES
All members who operate ﬁreﬁgh�ng equipment shall have a valid class A, B or C California Driver License (CDL), with a ﬁreﬁghter endorsement. To qualify for a ﬁreﬁghter endorsement, the member shall complete the following (Vehicle Code § 12804.11):

Provide the California Department of Motor Vehicles (DMV) with proof of current employment as a ﬁreﬁghter by providing a leter from the Director of Public Safety or the authorized designee.

It is the policy of the City of Sunnyvale Department of Public Safety that all members who operate ﬁreﬁgh�ng equipment, including �ller operators, shall successfully complete driver training that meets or exceeds the requirements of the State Fire Marshal Fire Apparatus Driver/Operator 1A course (Vehicle Code § 12804.11).

All Bureau of Fire Services supervisors shall plan, organize and coordinate training for members of their command. The main intent shall be such that personnel become thoroughly familiar with and be able to eﬀec�vely operate apparatus and equipment to which they are assigned.

SUNNYVALE DPS LEXIPOL POLICY 501.3 PROCED
URES
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18 All members who operate ﬁreﬁgh�ng equipment shall have a valid class A, B or C California Driver License (CDL), with a ﬁreﬁghter endorsement. To qualify for a ﬁreﬁghter endorsement, the member shall complete the following (Vehicle Code § 12804.11):

Provide the California Department of Motor Vehicles (DMV) with proof of current employment as a ﬁreﬁghter by providing a leter from the Director of Public Safety or the authorized designee.

Provide the DMV with proof of successful comple�on of either the Fire Apparatus Driver/Operator 1A course taught by an instructor registered with the Oﬃce of the State Fire Marshal or ﬁre department driver training that meets all of the requirements in Vehicle Code § 12804.11. This proof should be in the form of a leter from the Director of Public Safety or the authorized designee.

Pass the appropriate writen ﬁreﬁghter examina�on(s) that have been developed by the DMV with the coopera�on of the Oﬃce of the State Fire Marshal.

Submit a report of medical examina�on on a form approved by the DMV.

A member is not required to obtain and maintain a ﬁreﬁghter endorsement if the member is opera�ng the ﬁreﬁgh�ng equipment for training purposes, during a non-emergency or while under the direct supervision of a member who is properly licensed to operate the equipment and is authorized by the Department to provide training (Vehicle Code § 12804.11).

6. Compliance
SUNNYVALE DPS LEXIPOL POLICY 501.4 TRAINING LIEUTENANT RESPONSIBILITIES It shall be the responsibility of the Fire Training Lieutenant to ensure that any member required to drive ﬁre apparatus as a part of his/her normal du�es has received the mandated training. The Fire Training Lieutenant shall coordinate with the department member appointed to monitor driver license status to ensure members have valid driver licenses with the proper endorsements, in accordance with the Driver License Requirements Policy.

The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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19 SUNNYVALE DPS – AB 481
Noise Flash Diversionary Device (NFDD)

1. Project Background and Descrip�on/Expected Lifespan
The Sunnyvale Department of Public Safety (SDPS) SWAT team has the ability to deploy a diversionary device known as a Noise Flash Diversionary Device (NFDD). A NFDD is a non- burs�ng, non-fragmen�ng, device that produces a loud sound and bright light. Only specially trained SWAT personnel are allowed to deploy NFDD devices. These devices are used during high-risk SWAT opera�ons where the subject poses a signiﬁcant threat to oﬃcers or the public.

The NFDD is considered a non-lethal use of force op�on. These devices can o�en lead to a safer resolu�on and allow oﬃcers to take a subject into custody without force.

This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The NFDDs u�lized by the Sunnyvale Department of Public Safety have an expected lifespan of approximately 5 years.

2. Purposes and Use
A NFDD is a non-burs�ng, non-fragmen�ng, device that produces a loud sound and bright light.

The NFDD is used as diversion/distrac�on device during dangerous situa�ons involving poten�ally violent subjects. The NFDD is only used by specially trained SWAT team members.

3. Fiscal Impact/Inventory
CTS NFDD model 7290M Quan�ty: 25 Total: $2,447
CTS NFDD model 7290-2 Quan�ty: 2 Total: $1,725
CTS NFDD model 7290-9 Quan�ty: 27 Total: $4,022
CTS NFDD model 7290-50 Quan�ty: 18 Total: $756
CTS NFDD model 7290-1 Quan�ty: 18 Total: $756
CTS NFDD model 7290MT Quan�ty: 35 Total: $2,295
Total approximate costs for the program: $ 12,000
Th
e es�mated annual costs to maintain and replenish supply used during opera�ons or training is approximately: $3,000

4. Rul
es
The Sunnyvale Fire Marshall needs to approve storage containers and storage sites used by SDPS.

The following Sunnyvale DPS Lexipol Policies govern the deployment of NFDDs:

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20 SUNNYVALE DPS LEXIPOL POLICY 300.3 USE OF FORCE
Oﬃcers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the oﬃcer at the �me of the event to accomplish a legi�mate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspec�ve of a reasonable oﬃcer on the scene at the �me of the incident. Any evalua�on of reasonableness must allow for the fact that oﬃcers are o�en forced to make split-second decisions about the amount of force that reasonably appears necessary in a par�cular situa�on, with limited informa�on and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realis�cally predict every possible situa�on an oﬃcer might encounter, oﬃcers are entrusted to use well-reasoned discre�on in determining the appropriate use of force in each incident. Oﬃcers may only use a level of force that they reasonably believe is propor�onal to the seriousness of the suspected oﬀense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which oﬃcers reasonably believe that it would be imprac�cal or ineﬀec�ve to use any of the approved tools, weapons, or methods provided by the Department. Oﬃcers may ﬁnd it more eﬀec�ve or reasonable to improvise their response to rapidly unfolding condi�ons that they are confron�ng. In such circumstances, the use of any improvised device or method must nonetheless be objec�vely reasonable and u�lized only to the degree that reasonably appears necessary to accomplish a legi�mate law enforcement purpose.

While the ul�mate objec�ve of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an oﬃcer to retreat or be exposed to possible physical injury before applying reasonable force.

SUNNYVALE DPS LEXIPOL POLICY 300.3.1 USE OF FORCE TO AFFECT AN ARREST Any peace oﬃcer may use reasonable force to aﬀect an arrest, to prevent escape or to overcome resistance. A peace oﬃcer who makes or atempts to make an arrest need not retreat or desist from his/her eﬀorts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an oﬃcer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to eﬀect the arrest, prevent escape or to overcome resistance (Penal Code § 835a).

5. Training
All Sunnyvale DPS SWAT team members are trained in the proper use of the NFDDs during their P .O.S.T. Cer�ﬁed Basic 80-hour SWAT School. SWAT team members also par�cipate in yearly re- cer�ﬁca�on on the use of the NFDDs.

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21 SUNNYVALE DPS LEXIPOL POLICY 406.3.1 INITIAL TRAINING SWAT team operators and SWAT supervisors should not be deployed un�l successful comple�on of the POST cer�ﬁed Basic SWAT Course or its equivalent. a. To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content (topics) meet or exceed department requirements or POST standardized training recommenda�ons.

SUNNYVALE DPS LEXIPOL POLICY 406.3.2 UPDATED TRAINING
Appropriate team training for the specialized SWAT func�ons and other suppor�ng resources should be completed prior to full deployment of the team.

SWAT team operators and SWAT supervisors should complete POST cer�ﬁed updates or refresher training as mandated or as required by the SWAT Commander.

SUNNYVALE DPS LEXIPOL POLICY 406.3.3 SUPERVISION AND MANAGEMENT TRAINING Command and execu�ve personnel are encouraged to atend training for managing the SWAT func�on at the organiza�onal level to ensure personnel who provide ac�ve oversight at the scene of SWAT opera�ons understand the purpose and capabili�es of the teams.

Command personnel who may assume incident command responsibili�es should atend SWAT or Cri�cal Incident Commander course or its equivalent. SWAT command personnel should atend a POST cer�ﬁed SWAT commander or tac�cal commander course, or its equivalent.

SUNNYVALE DPS LEXIPOL POLICY 406.3.6 SCENARIO BASED TRAINING SWAT teams should par�cipate in scenario-based training that simulates the tac�cal opera�onal environment. Such training is an established method of improving performance during an actual deployment.

SUNNYVALE DPS LEXIPOL POLICY 406.3.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the Training Unit.

Such documenta�on shall be maintained in each member's individual training ﬁle. A separate agency SWAT training ﬁle, CNT training ﬁle, and TMT training ﬁle shall be maintained with documenta�on and records of all team training. The supervising Lieutenant(s) of each respec�ve team is responsible for ensuring training records are updated monthly.

The policy detailed above is based on the policies, procedures, and prac�ces of police SWAT teams
that con�nue to successfully u�lize NFDDs in their opera�ons. These police departments include the Los Angeles Sheriﬀ’s Oﬃce (SEB) Special Enforcement Bureau, the Santa Clara Police Attachment 1

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22 Department SWAT Team, the San Jose Police Department MERGE Unit, and the Monterey County Sheriﬀ’s Oﬃce SWAT Team.

6. Compliance
The Sunnyvale DPS SWAT Team Captain shall ensure all personnel authorized to use NFDDs will be properly trained and cer�ﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

SUNNYVALE DPS LEXIPOL POLICY 406.8 SWAT TEAM ADMINISTRATIVE PROCEDURES Con�nual evalua�on of a team member's performance and eﬃciency as it relates to the posi�ve opera�on of the unit shall be conducted by the SWAT Commander. The performance and eﬃciency level, as established by the team supervisor, will be met and maintained by all SWAT Team members. Any member of the SWAT Team who performs or func�ons at a level less than sa�sfactory shall be subject to dismissal from the team.

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23 SUNNYVALE DPS – AB 481
Pepper Projec�le Systems

1. Project Background and Descrip�on/Expected Lifespan
The Pepper Projec�le System is not a ﬁrearm, but rather a non-lethal system that uses high pressure air to deliver PAVA (Pelargonic Acid Vanillylamide) powder projec�les from a safe distance. PAVA is based on one of the hotest of the six capsaicinoids found in pepper plants.

The muni�ons contain only safe, pure, nonoil-based PAVA and are non-ﬂammable. The system was based oﬀ paintball launcher systems. The Pepper Projec�le System has an expected lifespan of 10 years.

The Pepper Projec�le System muni�on (inert): is a 68-calibe r plas�c (breakable) sphere which encapsulates a scented powder that is not a chemical agent. The inert muni�on is used for training purposes and has an expected lifespan of 3 years.

The Pepper Projec�le System muni�on: is a 68-caliber plas�c (breakable) sphere which encapsulates a 2% chemical agent (PAVA) payload. The muni�on is used as a non-lethal weapon designed de-escalate a poten�ally violent encounter. The muni�on has an expected lifespan of 3 years.

2. Purposes and Use
The Pepper Projec�le System and muni�ons are used as a non-lethal op�on to oﬀer law enforcement oﬃcers the chance to deliver chemical agents and kine�c energy impacts to subjects in a poten�ally violent encounter. The proper use of the Pepper Projec�le System is a de-escala�on tool used to avoid further injuries or lethal op�ons on a subject.

3. Fiscal Impact
The ini�al Pepper Projec�le System program was ini�ated in 2005. The costs and equipment have changed over the years. The ini�al costs for obtaining the equipment are based on 2020 prices:

Pepper Projec�le System FTC Basic Launcher (Patrol): Price: $591 Qty: 6 Total: $3,546 Pe
pper Projec�le System Muni�ons (Inert): Price: $375 per case Qty: 2,200 Total: $1,938 Pepper Projec�le System Muni�ons: Price: $375 per case Qty: 2,600 Total: $6,832 Miscellaneous (backpack, muni�on holder, air tanks, etc.) Total: $6,000

Total approximate ini�al costs for the Pepper Projec�le System: $ 18,316 Attachment 1

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24 4. Rules
835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situa�on in light of the par�cular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objec�vely reasonable oﬃcer.” Other available resources include de-escala�on tools such as the Pepper Projec�le System launcher.

The following Sunnyvale DPS Lexipol Policies govern the deployment of Pepper Projec�le launchers:

SUNNYVALE DPS LEXIPOL POLICY 302.7.2 Pepper Projec�le Systems:

Pepper projec�les are plas�c spheres that are ﬁlled with a deriva�ve of OC powder. Because the compressed gas launcher delivers the projec�les with enough force to burst the projec�les on impact and release the OC powder, the poten�al exists for the projec�les to inﬂict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projec�le system should not inten�onally target those areas, except when the oﬃcer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the oﬃcer or others.

Only Oﬃcers who have completed the Department Pepper Projec�le System/ Impact Projec�le Launcher training will be authorized to use the Non-Lethal weapon system.

Oﬃcers encountering a situa�on that warrants the use of a pepper projec�le system shall no�fy a supervisor as soon as prac�cable. A supervisor shall respond to all pepper projec�le system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all no�ﬁca�ons and reports are completed as required by the Use of Force Policy.

Each deployment of a pepper projec�le system shall be documented. This includes situa�ons where the launcher was directed toward the suspect, whether or not the launcher was used.

Uninten�onal discharges shall be promptly reported to a supervisor and documented. Only non- incident use of a pepper projec�le system, such as training and product demonstra�ons, is exempt from the repor�ng requirement.

SUNNYVALE DPS LEXIPOL POLICY 302.7.3 Treatment for OC Spray Exposure:

Persons who have been sprayed with or otherwise aﬀected by the use of OC should be promptly provided with clean water to cleanse the aﬀected areas. Those persons who complain of further severe eﬀects shall be examined by appropriate medical personnel.

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25 SUNNYVALE DPS LEXIPOL POLICY 302.8 Post Applica�on No�ce:

Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, oﬃcers should provide the owners or available occupants with no�ce of the possible presence of residue that could result in irrita�on or injury if the area is not properly cleaned. Such no�ce should include advisement that clean up will be at the owner’s expense.

Informa�on regarding the method of no�ce and the individuals no�ﬁed should be included in related reports.

SUNNYVALE DPS LEXIPOL POLICY 302.9 Kine�c Energy Projec�le Guidelines:

SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

Circumstances appropriate for deployment include, but are not limited to, situa�ons in which:
a. The suspect is armed with a weapon and the tac�cal circumstances allow for the safe applica�on of approved muni�ons.
b. The suspect has made credible threats to harm him/herself or others. c. The suspect is engaged in riotous behavior or is throwing rocks, botles or other dangerous projec�les at people and/or oﬃcers.
d. There is probable cause to believe that the suspect has already commited a crime of violence and is refusing to comply with lawful orders.

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26 SUNNYVALE DPS LEXIPOL POLICY 302.9.2 Deployment Considera�ons:

Before discharging projec�les, the oﬃcer should consider such factors as:
a. Distance and angle to target.
b. Type of muni�ons employed.
c. Type and thickness of subject’s clothing.
d. The subject’s proximity to others.
e. The loca�on of the subject.
f. Whether the subject’s ac�ons dictate the need for an immediate response and the use of control devices appears appropriate.

5. Training
Oﬃcers receive training on the proper use of the Pepper Projec�le System systems by current manufacturer cer�ﬁed instructors. The training includes when the Pepper Projec�le System can be deployed, targe�ng areas, and repor�ng requirements.

Our procedural guidelines for training are dictated in the Sunnyvale DPS policy Manual:

SUNNYVALE DPS LEXIPOL POLICY 302.10 Training for Control Devices:

Proﬁciency training shall be monitored and documented by a cer�ﬁed, control-device weapons or tac�cs instructor.

All training and proﬁciency for control devices will be documented in the oﬃcer’s training ﬁle.

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27 Oﬃcers who fail to demonstrate proﬁciency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an oﬃcer cannot demonstrate proﬁciency with a control device or knowledge of this agency’s Use of Force Policy a�er remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 Repor�ng Use of Control Devices and Techniques:

Any applica�on of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy.

6. Compliance
Per Sunnyvale DPS Lexipol policy 302.10 (Training for Control Devices), the Training Coordinator shall ensure all personnel authorized to carry any control devices (Pepper Projec�le Systems) will be properly trained and cer�ﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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28 SUNNYVALE DPS – AB 481
DPS SWAT Riﬂes

1. Project Background and Descrip�on/Expected Lifespan
Th
e Sunnyvale DPS SWAT Daniel Defense MK riﬂes are smaller more compact riﬂes that are only used by specially trained SWAT oﬃcers assigned to the Sunnyvale SWAT team. Each member of the Sunnyvale DPS SWAT team atends monthly training that requires the prac�ce ﬁring of their riﬂes. This monthly training ensures that the SWAT team will be ready to handle a variety of high- risk situa�ons like hostage-rescue situa�ons, ac�ve shooter scenarios, high-risk search warrants, and armed barricaded suspects.

Th
e Daniel Defense MK riﬂes have a thicker barrel that can beter endure the large amount of ammuni�on ﬁred during years of training. The Daniel Defense MK riﬂe is tooled to accept 5.56 mm NATO ammuni�on and the .223 cal. standard issue riﬂe ammuni�on used by patrol oﬃcers.

Because the riﬂe is manufactured to endure both types of ammuni�on, the riﬂe has a longer lifespan and provides a more cost-eﬀec�ve solu�on to the Sunnyvale SWAT team. The Daniel Defense MK riﬂes are more reliable and durable than the standard issue riﬂes assigned to the Patrol Division. The Sunnyvale SWAT team only uses the standard .223 cal. ammuni�on in the Daniel Defense MK riﬂes.

2. Pu
rposes and Use
Th
e Daniel Defense MK riﬂe is only used by specially trained Sunnyvale SWAT team personnel.

The riﬂe is manufactured for SWAT teams and is extremely durable and reliable.

3. Fis
cal Impact
Th
e department ﬁrearms program was ini�ated several years ago. The ini�al costs for obtaining the equipment are based on 2020 prices:

Daniel Defense MK: Price: $2,963 Qty: 21 Total: $ 62,223 *Note: .223 cal. ammuni�on is used as standard issued ammuni�on for patrol riﬂes.

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29 4. Rules

835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situa�on in light of the par�cular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objec�vely reasonable oﬃcer.”

While there is no way to specify the exact amount or type of reasonable force to be applied in any situa�on, every member of this department is expected to use these guidelines to make such decisions in a professional, impar�al, and reasonable manner (Government Code 7286).

The following Sunnyvale DPS Lexipol Policies govern the deployment of ﬁrearms:

SUNNYVALE DPS LEXIPOL POLICY 300.1.1 DEFINTIONS
Deadly force - Any use of force that creates a substan�al risk of causing death or serious bodily injury, including but not limited to the discharge of a ﬁrearm (Penal Code § 835a).

SUNNYVALE DPS LEXIPOL POLICY 300.5 DEADLY FORCE APPLICATIONS Where feasible, the oﬃcer shall, prior to the use of deadly force, make reasonable eﬀorts to iden�fy him/herself as a peace oﬃcer and to warn that deadly force may be used, unless the oﬃcer has objec�vely reasonable grounds to believe the person is aware of those facts (Penal Code 835a).

If an objec�vely reasonable oﬃcer would consider it safe and feasible to do so under the totality of the circumstances, oﬃcers shall evaluate and use other reasonably available resources and techniques when determining whether to use deadly force. To the extent that it is reasonably prac�cal, oﬃcers should consider their surroundings and any poten�al risks to bystanders prior to discharging a ﬁrearm (Government Code § 7286(b)).

The use of deadly force is only jus�ﬁed when the oﬃcer reasonably believes it is necessary in the following circumstances (Penal Code § 835a):
a. An oﬃcer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the oﬃcer or another person.
b. An oﬃcer may use deadly force to apprehend a ﬂeeing person for any felony that threatened or resulted in death or serious bodily injury, if the oﬃcer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

Oﬃcers shall not use deadly force against a person based on the danger that person poses to him
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30 an imminent threat of death or serious bodily injury to the oﬃcer or to another person (Penal Code § 835a).

An “imminent” threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable oﬃcer in the same situa�on would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the oﬃcer or another person. An oﬃcer’s subjec�ve fear of future harm alone is insuﬃcient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant aten�on (Penal Code § 835a).

SUNNYVALE DPS LEXIPOL POLICY 305.3 AUTHORIZED FIREARMS, AMMUNITION AND

OTHER WEAPONS
Oﬃcers shall only use ﬁrearms that are issued or approved by the Department and have been thoroughly inspected by the Armorer. Except in an emergency or as directed by a supervisor, no ﬁrearm shall be carried by an oﬃcer who has not qualiﬁed with that ﬁrearm at an authorized department range.

All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their oﬃcial du�es without the express writen authoriza�on of the Chief or designee. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law.

SUNNYVALE DPS LEXIPOL POLICY 305.7 FIREARM DISCHARGE
Except
during training or recrea�onal use, any oﬃcer who discharges a ﬁrearm inten�onally or uninten�onally, on- or oﬀ-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, addi�onal statements and reports shall be made in accordance with the Oﬃcer-Involved Shoo�ngs and Deaths Policy. If a ﬁrearm was discharged as a use of force, the involved oﬃcer shall adhere to the addi�onal repor�ng requirements set forth in the Use of Force/Response to Resistance Policy.

In all other cases, writen reports shall be made as follows:
a. If on-duty at the �me of the incident, the oﬃcer shall ﬁle a writen report with his/her supervisor or provide a recorded statement to inves�gators prior to the end of shi�, unless otherwise directed.
b. If oﬀ-duty at the �me of the incident, the oﬃcer shall submit a writen memo or provide a recorded statement no later than the end of the next regularly scheduled shi�, unless otherwise directed by a supervisor.

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31 A supervisor shall respond to all Use of Force incidents. A supervisor shall ensure that all no�ﬁca�ons and reports are completed as required by the Use of Force Policy.

SUNNYVALE DPS LEXIPOL POLICY 300.8 SUPERVISOR RESPONSIBILITY A supervisor shall respond to any reported use of force. The responding supervisor is expected to (Government Code § 7286(b)):
a. Obtain the basic facts from the involved oﬃcers. Absent an allega�on of misconduct or excessive force, this will be considered a rou�ne contact in the normal course of du�es.
b. Ensure that any injured par�es are examined and treated. c. When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply:

1. The content of the interview should not be summarized or included in any related criminal charges.

2. The fact that a recorded interview was conducted should be documented in a property or other report.

3. The recording of the interview should be dis�nctly marked for reten�on un�l all poten�al for civil li�ga�on has expired.
d. Once any ini�al medical assessment has been completed or ﬁrst aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas.

These photographs should be retained un�l all poten�al for civil li�ga�on has expired.
e. Iden�fy any witnesses not already included in related reports. f. Review and approve all related reports.
g. Determine if there is any indica�on that the subject may pursue civil li�ga�on.

1. If there is an indica�on of poten�al civil li�ga�on, the supervisor should complete and route a no�ﬁca�on of a poten�al claim through the appropriate channels.
h. In the event physical force is used, but no Oﬀense Report is required, a memorandum to the Police Opera�ons Team Captain is to be prepared. The following informa�on is to be included:

1. Type of force;

2. Reason for the force;

3. Extent of injury to the suspect and ac�on taken to provide aid;

4. Per�nent informa�on deemed important by the oﬃcer.

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32 i. Evaluate the circumstances surrounding the incident and ini�ate an administra�ve inves�ga�on if there is a ques�on of policy non-compliance or if for any reason further inves�ga�on may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported applica�on of force, the supervisor is s�ll expected to complete as many of the above items as circumstances permit.

SUNNYVALE DPS LEXIPOL POLICY 300.7 MEDICAL CONSIDERATION Once it is reasonably safe to do so, properly trained oﬃcers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)).

SUNNYVALE DPS LEXIPOL POLICY 305.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER

WEAPONS
Oﬃcers shall only use ﬁrearms that are issued or approved by the Department and have been thoroughly inspected by the Armorer. Except in an emergency or as directed by a supervisor, no ﬁrearm shall be carried by an oﬃcer who has not qualiﬁed with that ﬁrearm at an authorized department range.

5. Training

Only SWAT Oﬃcers who have completed the ﬁrearms training and meet the required qualiﬁca�on standards will be authorized to carry the weapon systems.

SUNNYVALE DPS LEXIPOL POLICY 305.6 FIREARMS TRAINING AND QUALIFICATIONS All oﬃcers who carry a ﬁrearm while on-duty are required to successfully complete training annually with their duty ﬁrearms. In addi�on to annual training, all oﬃcers will qualify at least annually with their duty ﬁrearms. Oﬃcers will qualify with oﬀ-duty and secondary ﬁrearms at least once a year. Training and qualiﬁca�ons must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive prac�cal training designed to simulate
ﬁeld situa�ons including low-light shoo�ng.

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33 SUNNYVALE DPS LEXIPOL POLICY 406.3.4 SWAT/CNT/TMT ONGOING TRAINING Training shall be managed by the SWAT Commander. The SWAT , CNT, and TMT Lieutenants are responsible for the monthly and/or quarterly training assignments. The SWAT Commander may authorize monthly training exercises that include a review and cri�que of personnel and their performance in the exercise in addi�on to specialized training. Training for SWAT team members shall consist of the following:

a. Each SWAT member shall pass a physical ﬁtness test twice each year. b. Any SWAT team member failing to pass the physical ﬁtness test will be no�ﬁed of the requirement to retest. Within 30 days of the previous physical ﬁtness test date, the member required to qualify shall report to a team supervisor and complete the en�re physical ﬁtness test. Failure to qualify a�er a second atempt may result in dismissal from the team.
c. Those members who are on PTO or are on a protected leave status, shall be responsible for repor�ng to a team supervisor and taking the test within 30 days of their return to regular duty. Any member, who fails to arrange for and perform the physical ﬁtness test within the 30-day period, shall be considered as having failed the test for that test period. d. Bi-yearly, each SWAT team member shall perform the mandatory SWAT handgun qualiﬁca�on course. The qualiﬁca�on course shall consist of the SWAT Basic Drill for the handgun. Failure to qualify will require that oﬃcer to seek remedial training from a team range master approved by the SWAT Commander. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without remedial training may result in dismissal from the team.
e. Each SWAT team member shall complete the bi-yearly SWAT qualiﬁca�on course for any specialty weapon issued to, or used by, the team member during SWAT opera�ons.

Failure to qualify will require the team member to seek remedial training from the Armorer who has been approved by the SWAT Commander. Team members who fail to qualify on their specialty weapon may not u�lize the specialty weapon on SWAT opera�ons un�l qualiﬁed. Team members who fail to qualify must retest within 30 days.

Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualiﬁed from use of that par�cular specialty weapon.

6. Compliance
SUNNYVALE DPS LEXIPOL POLICY 305.6 FIREARMS TRAINING AND QUALIFICATIONS Attachment 1

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34 All oﬃcers who carry a ﬁrearm while on-duty are required to successfully complete training annually with their duty ﬁrearms. In addition to annual training, all oﬃcers will qualify at least annually with their duty ﬁrearms. Oﬃcers will qualify with oﬀ-duty and secondary ﬁrearms at least once a year.

Training and qualiﬁcations must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive practical training designed to simulate ﬁeld situations including low-light shooting.

SUNNYVALE DPS LEXIPOL POLICY 305.6.1 NON-CERTIFICATION OR NON-QUALIFICATION Those who fail to meet minimum standards or qualify on their ﬁrst shooting attempt shall be provided remedial training and will be subject to the following requirements:
a. Additional range assignments may be scheduled to assist the oﬃcer in demonstrating consistent ﬁrearm proﬁciency.
b. Oﬃcers shall be given credit for a range training or qualiﬁcation when obtaining a qualifying score or meeting standards after remedial training.
c. No range credit will be given for the following:

1. Unauthorized range make-up

2. Failure to meet minimum standards or qualify after remedial training.

Oﬃcers who repeatedly fail to meet minimum standards will be removed from ﬁeld assignment and may be subject to disciplinary action.

The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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35 SUNNYVALE DPS – AB 481
Sunnyvale DPS SWAT Sniper Riﬄe

1. Project Background and Descrip�on/Expected Lifespan
Th
e Sunnyvale Department of Public Safety (SDPS) SWAT team is a highly trained unit formed to respond to violent tac�cal situa�ons that pose a high-risk to civilian and oﬃcer safety. The SDPS SWAT sniper element deploys with the SDPS SWAT team with precision riﬂes and has the ability to engage and stop an armed violent subject at a safe distance.

Oﬃ
cers assigned to the Sunnyvale DPS SWAT Sniper team are required to pass rigorous tes�ng and are required to atend a CA POST cer�ﬁed 40-hour Sniper School. These oﬃcers are in full uniform and shall carry all safety equipment on their person, including but not limited to less lethal and lethal weapon systems. To protect lives, the Sunnyvale SWAT team shall have a sniper team in place during pre-planned SWAT opera�ons.

Th
is equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The riﬂes u�lized by the Sunnyvale DPS SWAT team has an expected lifespan of approximately 10 years.

2. Pu
rposes and Use
The
purpose of the sniper riﬂe is to provide specially trained Sunnyvale DPS SWAT oﬃcers with the necessary capabili�es of engaging threats from a safe distance. All Sunnyvale DPS SWAT oﬃcers u�lizing these systems are speciﬁcally trained on proper use, func�onality, maintenance, and shall qualify bi-yearly in accordance with Sunnyvale Lexipol policy.

3. Fis
cal Impact
Th
e department sniper team program was ini�ated several years ago. The ini�al costs for obtaining the equipment are based on 2020 prices:

Accuracy Interna�onal: Price: $ 10,000 Qty: 4 Total: $40,000 JP Enterprise: Price: $6,500 Qty: 2 Total: $13,000 Ammuni�on (.308 cal.) Qty: U�lize approx. 4000 rounds per year Total: $5,200 Total approximate costs for the program: $58,200
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36 4. Rules

The following Sunnyvale DPS Lexipol Policies govern the deployment of ﬁrearms:

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37 Oﬃcers shall not use deadly force against a person based on the danger that person poses to him/herself, if an objec�vely reasonable oﬃcer would believe the person does not pose an imminent threat of death or serious bodily injury to the oﬃcer or to another person (Penal Code § 835a).

SUNNYVALE DPS LEXIPOL POLICY 305.3 AUTHORIZED FIREARMS, AMMUNITION AND

Oﬃcers encountering a situa�on that warrants the use of ﬁrearm shall make a verbal report to his/her supervisor as soon circumstances permit.

SUNNYVALE DPS LEXIPOL POLICY 305.7 FIREARM DISCHARGE
Except d
uring training or recrea�onal use, any oﬃcer who discharges a ﬁrearm inten�onally or uninten�onally, on- or oﬀ-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, addi�onal statements and reports shall be made in accordance with the Oﬃcer-Involved Shoo�ngs and Deaths Policy. If a ﬁrearm was discharged as a use of force, the involved oﬃcer shall adhere to the addi�onal repor�ng requirements set forth in the Use of Force/Response to Resistance Policy.

In all other cases, writen reports shall be made as follows:

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38 a. If on-duty at the �me of the incident, the oﬃcer shall ﬁle a writen report with his/her supervisor or provide a recorded statement to inves�gators prior to the end of shi�, unless otherwise directed.
b. If oﬀ-duty at the �me of the incident, the oﬃcer shall submit a writen memo or provide a recorded statement no later than the end of the next regularly scheduled shi�, unless otherwise directed by a supervisor.

A supervisor shall respond to all Use of Force incidents. A supervisor shall ensure that all no�ﬁca�ons and reports are completed as required by the Use of Force Policy.

1. The content of the interview should not be summarized or included in any related criminal charges.

2. The fact that a recorded interview was conducted should be documented in a property or other report.

1. If there is an indica�on of poten�al civil li�ga�on, the supervisor should complete and route a no�ﬁca�on of a poten�al claim through the appropriate channels.

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39 h. In the event physical force is used, but no Oﬀense Report is required, a memorandum to the Police Opera�ons Team Captain is to be prepared. The following informa�on is to be included:

1. Type of force;

2. Reason for the force;

3. Extent of injury to the suspect and ac�on taken to provide aid;

4. Per�nent informa�on deemed important by the oﬃcer.
i. Evaluate the circumstances surrounding the incident and ini�ate an administra�ve inves�ga�on if there is a ques�on of policy non-compliance or if for any reason further inves�ga�on may be appropriate.

SUNNYVALE DPS LEXIPOL POLICY 305.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER

5. Training

Only SWAT operators who have completed a CA POST cer�ﬁed 40 hours Sniper School and meet the Dep
artment’s required qualiﬁca�on standards will be authorized to carry the sniper riﬂe weapon systems.

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40 SUNNYVALE DPS LEXIPOL POLICY 305.6 FIREARMS TRAINING AND QUALIFICATIONS All oﬃcers who carry a ﬁrearm while on-duty are required to successfully complete training annually with their duty ﬁrearms. In addi�on to annual training, all oﬃcers will qualify at least annually with their duty ﬁrearms. Oﬃcers will qualify with oﬀ-duty and secondary ﬁrearms at least once a year. Training and qualiﬁca�ons must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive prac�cal training designed to simulate ﬁeld situa�ons including low-light shoo�ng.

SUNNYVALE DPS LEXIPOL POLICY 406.3.4 SWAT/CNT/TMT ONGOING TRAINING Training shall be managed by the SWAT Commander. The SWAT , CNT, and TMT Lieutenants are responsible for the monthly and/or quarterly training assignments. The SWAT Commander may authorize monthly training exercises that include a review and cri�que of personnel and their performance in the exercise in addi�on to specialized training. Training for SWAT team members shall consist of the following:
f. Each SWAT member shall pass a physical ﬁtness test twice each year. g. Any SWAT team member failing to pass the physical ﬁtness test will be no�ﬁed of the requirement to retest. Within 30 days of the previous physical ﬁtness test date, the member required to qualify shall report to a team supervisor and complete the en�re physical ﬁtness test. Failure to qualify a�er a second atempt may result in dismissal from the team.
h. Those members who are on PTO or are on a protected leave status, shall be responsible for repor�ng to a team supervisor and taking the test within 30 days of their return to regular duty. Any member, who fails to arrange for and perform the physical ﬁtness test within the 30-day period, shall be considered as having failed the test for that test period. i. Bi-yearly, each SWAT team member shall perform the mandatory SWAT handgun qualiﬁca�on course. The qualiﬁca�on course shall consist of the SWAT Basic Drill for the handgun. Failure to qualify will require that oﬃcer to seek remedial training from a team range master approved by the SWAT Commander. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without remedial training may result in dismissal from the team.
j. Each SWAT team member shall complete the bi-yearly SWAT qualiﬁca�on course for any specialty weapon issued to, or used by, the team member during SWAT opera�ons.

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41 Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualiﬁed from use of that par�cular specialty weapon.

6. Compliance
SUNNYVALE DPS LEXIPOL POLICY 305.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER

SUNNYVALE DPS LEXIPOL POLICY 305.6 FIREARMS TRAINING AND QUALIFICATIONS All oﬃcers who carry a ﬁrearm while on-duty are required to successfully complete training annually with their duty ﬁrearms. In addition to annual training, all oﬃcers will qualify at least annually with their duty ﬁrearms. Oﬃcers will qualify with oﬀ-duty and secondary ﬁrearms at least once a year.

Training and qualiﬁcations must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive practical training designed to simulate ﬁeld situations including low-light shooting.

1. Unauthorized range make-up

2. Failure to meet minimum standards or qualify after remedial training.

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42 Oﬃcers who repeatedly fail to meet minimum standards will be removed from ﬁeld assignment and may be subject to disciplinary action.

The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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43 SUNNYVALE DPS – AB 481
Reconnaissance Robots

1. Project Background and Descrip�on/Expected Lifespan
The Sunnyvale Department of Public Safety (SDPS) SWAT team is tasked with solving a variety of cri�cal incidents that are so hazardous, complex, or unusual that they exceed the capabili�es of patrol oﬃcers. The cri�cal incidents include, but are not limited to, hostage taking, barricaded subjects, terrorist atacks, warrant services, and other high-risk incidents.

Du
e to the threat level of such incidents, any tool the SWAT team can u�lize to come to a peaceful resolu�on is vital to the overall safety of the public, suspects, and oﬃcers. A reconnaissance robot is an eﬀec�ve tool in gathering informa�on about a scene without exposing oﬃcers to physical confronta�on with dangerous subjects.

This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The two reconnaissance robots u�liz
ed by the Sunnyvale Department of Public Safety have no oﬀensive capabili�es. They are used for informa�on gathering only. The robots have an expected lifespan of approximately 5 years.

2. Pu
rposes and Use
In police tac�cal opera�ons a robot can provide real-�me reconnaissance during opera�ons involving high-risk warrants, barricaded suspects and hostage rescues.  A reconnaissance robot is an eﬀec�ve tool in gathering informa�on about a scene without exposing oﬃcers to physical confronta�on with dangerous subjects.

3. Fiscal Impact
The costs of equipment have changed over the years due to the rapidly developing technology.

All robots were purchased using grant funding.

The Sunnyvale Department of Public Safety currently has two reconnaissance robots:
1) 2014 Avatar III: This medium sized robot, weighing approximately 50 pounds, is u�lized by the Sunnyvale SWAT team and the Sunnyvale Fire HAZMAT team to enter hazardous loca�ons before humans to assess possible threats. The robot has several cameras and is remotely controlled.
2) Recon Scout Robot: The recon scout robot is a small robot designed to ﬁt into an opera�ve’s pocket. It can be quickly and stealthily deployed by tossing it into a loca�on Attachment 1

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44 and using the remote to maneuver it around. It can visually clear small or large spaces prior to an opera�ve clearing it.
2014 Avatar III: Price: $25000 Qty: 1 Total: $25,000 *The 2014 Avatar III is on the equipment schedule for replacement in 2024. DPS is exploring the replacement of the Avatar III with two smaller more capable robots. If two smaller robots are authorized in 2024 the cost will be $50,000.*

RSK-TB-2A Throwbot 2 Price: $13,145 Qty: 1
Price: $13,920 Qty: 1 Total: $27,065

The City of Sunnyvale currently pays for rou�ne maintenance and repairs made to the robots.

These costs vary depending on needs.

4. Rules
The following Sunnyvale DPS Lexipol Policies govern the deployment of NFDDs:

SUNNYVALE DPS LEXIPOL POLICY 406.2.2 OPERATIONAL PROCEDURES Opera�onal procedures should be generally paterned a�er the Na�onal Tac�cal Oﬃcers Associa�on Suggested SWAT Best Prac�ces. Because such procedures are speciﬁc to SWAT/CNT/TMT members and will outline tac�cal and oﬃcer safety issues, they are not included within this policy. Opera�onal procedures should include, at minimum, the following:

1. Designated personnel responsible for developing an opera�onal or tac�cal plan prior to, and/or during SWAT opera�ons (�me permi�ng).
a. All SWAT team members should have an understanding of opera�onal planning. b. SWAT team training should consider planning for both spontaneous and planned events.
c. SWAT teams should incorporate medical emergency con�ngency planning as part of the SWAT opera�onal plan.

2. Designated personnel responsible for developing an opera�onal / medical plan prior to, and/or during TMT opera�ons (�me permi�ng).
a. All TMT members should have an understanding of opera�onal/medical planning. b. TMT training should consider planning for both spontaneous and planned events.

3. Mission brieﬁngs conducted prior to an opera�on, unless circumstances require immediate deployment. On scene mission briefs should be conducted as soon as prac�cal in immediate deployment situa�ons.
a. When possible, brieﬁngs should include the specialized units and suppor�ng resources.

4. Protocols for a sustained opera�on which may include relief, rota�on of personnel and augmenta�on of resources.

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45 5. A generic checklist, to be worked through during pre planned events, prior to ini�a�ng a tac�cal ac�on as a means of conduc�ng a threat assessment to determine the appropriate response and resources necessary, including the use of SWAT.

6. The appropriate role for a trained nego�ator.

7. A standard method of determining whether a warrant should be regarded as high-risk.

8. A method for deciding how best to serve a high-risk warrant with all reasonably foreseeable alterna�ves being reviewed in accordance with risk/beneﬁt criteria prior to selec�ng the method of response.

9. Post incident scene management including:
a. Documenta�on of the incident.
b. Transi�on to inves�ga�ons and/or other units.
c. Debrieﬁng a�er deployment of the SWAT team.

1. A�er-ac�on team debrieﬁng provides evalua�on and analysis of cri�cal incidents and aﬀords the opportunity for individual and team assessments, helps to iden�fy training needs, and reinforces sound risk management prac�ces.

2. When appropriate, debrieﬁng should include specialized units and resources.

3. In order to maintain candor and a meaningful exchange, debrieﬁng will generally not be recorded.

4. Such debrieﬁng should not be conducted un�l involved oﬃcers have had the opportunity to individually complete necessary reports or provide formal statements.

10. Standardiza�on of equipment deployed.

SUNNYVALE DPS LEXIPOL POLICY 406.9.2 APPROPRIATE SITUATIONS FOR USE OF

SWAT/CNT/TMT UNIT
The following are examples of incidents which may result in the ac�va�on of the SWAT/CNT/TMT Unit:
a. Barricaded suspects who refuse an order to surrender. b. Incidents where hostages are taken.
c. Cases of suicide threats.
d. Arrests of dangerous persons.
e. Any situa�on that could enhance the ability to preserve life, maintain social order, and ensure the protec�on of property.

SUNNYVALE DPS LEXIPOL POLICY 406.9.5 MOBILIZATION OF SWAT/CNT/TMT UNIT The On-Scene supervisor shall make a request to a Lieutenant for the SWAT/CNT Unit. The Lieutenant shall then no�fy the SWAT/CNT Commander. If unavailable, a team supervisor shall be Attachment 1

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46 no�ﬁed. A current mobiliza�on list shall be maintained by Communica�ons Unit staﬀ. The Lieutenant will then no�fy the Police Services Captain as soon as prac�cal.

The Lieutenant or designee should provide the SWAT Commander with as much of the following informa�on as available at the �me:
a. The number of suspects, known weapons and resources. b. If the suspect is in control of hostages.
c. If the suspect is barricaded.
d. The type of crime involved.
e. If the suspect has threatened or atempted suicide.
f. The loca�on of the command post and a safe approach to it. g. The extent of any perimeter and the number of oﬃcers involved. h. Any other important facts cri�cal to the immediate situa�on and whether the suspect has refused an order to surrender.

The SWAT Commander, Captain or supervisor shall then ini�ate the SWAT call-out procedures. A current mobiliza�on list shall be maintained by Communica�ons Unit staﬀ. An immediate need request for the SWAT team will trigger a call out of the SWAT/CNT/TMT Unit.

5. Training
All Sunnyvale DPS SWAT team members are trained on tac�cal opera�ons and the use of robots for intelligence gathering during their P .O.S.T. Cer�ﬁed Basic 80-hour SWAT School. SWAT team members also par�cipate in monthly SWAT scenario based training .

SUNNYVALE DPS LEXIPOL POLICY 406.3.1 INITIAL TRAINING
SWAT team operators and SWAT supervisors should not be deployed un�l successful comple�on of the POST cer�ﬁed Basic SWAT Course or its equivalent. a. To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content (topics) meet or exceed department requirements or POST standardized training recommenda�ons.

SWAT team operators and SWAT supervisors should complete POST cer�ﬁed updates or refresher training as mandated or as required by the SWAT Commander.

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47 Command and execu�ve personnel are encouraged to atend training for managing the SWAT func�on at the organiza�onal level to ensure personnel who provide ac�ve oversight at the scene of SWAT opera�ons understand the purpose and capabili�es of the teams.

SUNNYVALE DPS LEXIPOL POLICY 406.3.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the Training Unit.

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48 SUNNYVALE DPS – AB 481
Tear Gas
Overview

1. Project Background and Descrip�on/Expected Lifespan
Chemical agent muni�ons, which are commonly referred to as “tear gas,” are used by the Sunnyvale Department of Public Safety (SDPS) as a non-lethal tool to disperse unlawful groups and on barricaded suspects. SDPS uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum).

Both CS and OC are not actual gas but are micro-pulverized par�cles. These par�cles cause irrita�on and/or inﬂamma�on and are non-lethal.

CS is an irrita�ng agent and lachrymator (irritates the eyes and causes tears to ﬂow). CS has been medically tested in the UK and US, speciﬁcally by the U.S. Army. There are no known allergic reac�ons to CS.

OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inﬂammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inﬂamma�on (subsides in approximately 2 minutes).

Decontamina�on for both CS and OC is fresh air and cool, clean water.

The chemical agent muni�ons are delivered by throwing a canister or launching a canister using a specially modiﬁed shotgun. The specially modiﬁed shotgun is capable of launching a gas canister into a second or third ﬂoor window. The specially modiﬁed shotgun is only used by trained SDPS SWAT personnel.

The mul�ple types of muni�ons listed below, which are possessed and used by SDPS, are diﬀerent models of cannisters which each disperse diﬀerent gram weights of chemical agent “tear gas” and allow for diﬀerent deployment methods (diﬀerent devices or tools) based upon the circumstances of the event requiring use. Having the choice of mul�ple muni�ons also allows oﬃcers to control the amount (in grams) of chemical agent used during a deployment.

Our inventory of chemical agent muni�ons is as follows:
1) CTS 5230B (CS) (Expires 5-years) Inventory: 26
2) CTS 5230 (CS) (Expire 5-years) Inventory: 16
3) CTS 8230 (CS) (Expire 5-years) Inventory: 26
4) CTS 4331 (CS) (Expires 5-years) Inventory: 10
5) CTS 4330 (CS) (Expires 5-years) Inventory: 11
6) CTS 4233 (CS) (Expires 5-years) Inventory: 95
7) De�ech Fogger Aerosol (OC) (Expires 5-years) Inventory: 10 ($450) 10) Specially modiﬁed SWAT shotgun – Inventory 2 ($2000) Attachment 1

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49 This equipment is necessary because there is no reasonable alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The chemical agents u�lized by the Sunnyvale Department of Public Safety have an expected lifespan of approximately 5 years.

2. Purposes and Use
Chemical agent “tear gas” muni�ons are used as a non-lethal op�on in a poten�ally violent encounter during rio�ng crowds or barricaded suspects. The proper use of chemical agents provides for a de-escala�on tool used to avoid further injuries or to avoid using lethal op�ons on a suspect.

3. Fiscal Impact
The Sunnyvale DPS SWAT team has three (3) personnel who are qualiﬁed by the California Associa�on of Tac�cal Oﬃcer’s / CA-POST Chemical Agent Instructor program in San Diego, California. Based on the instruc�on received and best-prac�ces learned from the San Diego County Sheriﬀ’s Oﬃce, the Sunnyvale DPS SWAT team purchased the following equipment:

The list below are the approximate unit prices for the associated muni�ons in our inventory:
1) CTS 5230B (CS) (Expires 5-years) Inventory: 26 ($990) 2) CTS 5230 (CS) (Expire 5-years) Inventory: 16 ($576)
3) CTS 8230 (CS) (Expire 5-years) Inventory: 26 ($624)
4) CTS 4331 (CS) (Expires 5-years) Inventory: 10 ($260) 5) CTS 4330 (CS) (Expires 5-years) Inventory: 11 ($387.86) 6) CTS 4233 (CS) (Expires 5-years) Inventory: 95 ($4,275) 7) De�ech Fogger Aerosol (OC) (Expires 5-years) Inventory: 10 ($450) 10) Specially modiﬁed SWAT shotgun – Inventory 2 ($2,000)

The es�mated annual costs to maintain and replenish the chemical agent “tear gas” inventory is approximately $1,500. On an approximate ﬁve (5) year cycle, the muni�ons expire and require replacement. The approximate cost of replacing the en�re inventory at expira�on is $6,488.

4. Rules
835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situa�on in light of the par�cular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objec�vely reasonable oﬃcer.” Other available resources include de-escala�on tools such as chemical agents or “tear gas.” Other legal guidelines involve the use of chemical agents such as Penal Code 13652. It discusses when a
nd when not to use chemical agents during assemblies, protests, and/or demonstra�ons.

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50 The Sunnyvale Department of Public Safety Special Weapons and Tac�cs Team (SWAT) is responsible for the storage, inventory, training, and use of chemical agents. The Sunnyvale SWAT u�lizes the LCT50 formula (cu. �. / grams of CS chemical agent x 0.71 constant variable = LCT50 in minutes) as a guideline only when determining the amount of CS chemical agent to introduce into a structure.

The following persons may authorize the deployment and use of chemical agents:

1. The Chief of Police, Deputy Chief, or Captain.

2. An Incident Commander.

3. The S.W.A.T. Team Captain.

The following Sunnyvale DPS Lexipol Policies govern the deployment of chemical agents:

SUNNYVALE DPS LEXIPOL POLICY 302.6 Tear Gas Guidelines:

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Lieutenant, Incident Commander or SWAT/CNT Commander may authorize the delivery and use of tear gas, and only a�er evalua�ng all condi�ons known at the �me and determining that such force reasonably appears jus�ﬁed and necessary.

When prac�cable, ﬁre personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any ﬁres and to assist in providing medical aid or gas evacua�on if needed.

SUNNYVALE DPS LEXIPOL POLICY 302.7.3 Treatment for OC Spray Exposure:

SUNNYVALE DPS LEXIPOL POLICY 302.8 Post Applica�on No�ce:

Informa�on regarding the method of no�ce and the individuals no�ﬁed should be included in related reports.

SUNNYVALE DPS LEXIPOL POLICY 302.9 Kine�c Energy Projec�le Guidelines:

This department is commited to reducing the poten�al for violent confronta�ons. Kine�c energy projec
�les, when used properly, are less likely to result in death or serious physical injury and can be used in an atempt to de-escalate a poten�ally deadly situa�on.

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51 SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

SUNNYVALE DPS LEXIPOL POLICY 302.9.2 Deployment Considera�ons:

A verbal warning of the intended use of the device should precede its applica�on unless it would otherwise endanger the safety of oﬃcers or when it is not prac�cable due to the circumstances.

The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other oﬃcers and individuals that the device is being deployed.

Oﬃcers should keep in mind the manufacturer’s recommenda�ons and their training regarding eﬀec�v
e distances and target areas. However, oﬃcers are not restricted solely to use according to manufacturer recommenda�ons. Each situa�on must be evaluated on the totality of circumstances at the �me of deployment.

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52 The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be inten�onally targeted, except when the oﬃcer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the oﬃcer or others.

SUNNYVALE DPS LEXIPOL POLICY 302.9.3 SHOTGUN SAFETY PROCEDURES Shotguns assigned to SWAT speciﬁcally designated for use with kine�c energy projec�les will be specially marked in a manner that makes them readily iden�ﬁable as such.

Oﬃcers will inspect the shotgun and projec�les as needed to ensure that the shotgun is in proper working order and the projec�les are of the approved type and appear to be free from defects.

When it is not deployed, the shotgun will be unloaded and properly and secured in the SWAT armory. When deploying the kine�c energy projec�le shotgun, the oﬃcer shall visually inspect the kine�c energy projec�les to ensure that conven�onal ammuni�on is not being loaded into the shotgun.

Absent compelling circumstances, oﬃcers who must transi�on from conven�onal ammuni�on to kine�c energy projec�les will employ the two-person rule for loading. The two-person rule is a safety measure in which a second oﬃcer watches the unloading and loading process to ensure that the weapon is completely emp�ed of conven�onal ammuni�on.

5. Training
Personnel assigned to the Sunnyvale DPS SWAT team receive training on the proper use of chemical agents by cer�ﬁed instructors. The training includes when chemical agents can be deployed, how to handle and deploy the muni�ons, air purifying respirator (APR) use, personnel and structure decontamina�on, and repor�ng requirements. Chemical Agent Training also includes a yearly exposure to the chemical agents. There are currently ten (10) Chemical Agent Instructors (CA POST-Cer�ﬁed) within the Sunnyvale DPS SWAT Team.

S.W.A.T. Team personnel who have completed a POST Cer�ﬁed Chemical Agent Instructor Course shall be responsible for providing training in the use of chemical agents to maintain the proﬁciency of Oﬃcers assigned to S.W.A.T. Assigned S.W.A.T. personnel should familiarize Command Staﬀ with the use and deployment of Chemical Agents. S.W.A.T. personnel shall conduct Chemical Agent training annually.

A. Training shall be documented, and records maintained of such trainings.

B. Oﬃcers shall clean and inspect the Chemical Agent delivery system a�er each deployment.

C. The Chemical Agent Cadre of the S.W.A.T. Team shall be responsible for maintaining control of all Chemical Agents and their respec�ve delivery systems.

The Cadre shall be responsible for inventorying and upda�ng deployable Chemical Agent muni�ons.

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53 Our procedural guidelines for training are dictated in the Sunnyvale DPS policy Manual:

SUNNYVALE DPS LEXIPOL POLICY 302.10 Training for Control Devices:

Proﬁciency training shall be monitored and documented by a cer�ﬁed, control-device weapons or tac�cs instructor.

All training and proﬁciency for control devices will be documented in the oﬃcer’s training ﬁle.

Oﬃcers who fail to demonstrate proﬁciency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an oﬃcer cannot demonstrate proﬁciency with a control device or knowledge of this agency’s Use of Force Policy a�er remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 Repor�ng Use of Control Devices and Techniques:

Any applica�on of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. The documenta�on shall include the following informa�on.

1. Who authorized the use of Chemical Agents.

2. Facts surrounding their use.

3. Was a warning given prior to the Chemical Agent deployment (when applicable)?

4. The type of chemical agent and delivery system used.

5. Name of Oﬃcer who deployed the Chemical Agent.

Addi�onally, the Sunnyvale DPS SWAT Team Captain shall ensure all personnel authorized to use chemical agents will be properly trained and cer�ﬁed.

The training will fall in line with our legal standards, department policies, and manufacturer’s recommenda�ons.

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54 SUNNYVALE DPS – AB 481
Unmanned Aircra� Systems (UAS)

1. Project Background and Descrip�on/Expected Lifespan
Small Unmanned Aircra� Systems (UAS) are portable systems ﬂown autonomously without a pilot onboard and controlled from an operator on the ground. They have shown to be a valuable resource to police and ﬁre organiza�ons by providing a bird’s eye view of crime and/or disaster scenes that may not otherwise be seen. The UAS has the ability to launch quickly in dangerous situa�ons, locate survivors, and send data about their whereabouts to responders on the ground.

Any use of a UAS will be in strict accordance with cons�tu�onal and privacy rights and Federal Avia�on Administra�on (FAA) regula�ons. Safety, above all else, is the primary concern in every opera�on, regardless of the nature of the mission.

This equipment is necessary because there is no reason able alterna�ve that can achieve the same objec�ve of oﬃcer and civilian safety.

The UAS u�lized by the Sunnyvale Department of Public Safety have an expected lifespan of approximately 5 years.

2. Purposes and Use
The UAS u�lized by the Sunnyvale Department of Public Safety are used to assist in search and rescue missions, ﬁre inves�ga�ons, HAZMAT response, barricaded suspects, hostage situa�ons and other high-risk tac�cal opera�ons to reduce risk to department personnel, suspects and community members.

3. Fiscal Impact
The Sunnyvale Department of Public Safety UAS program was ini�ally funded by grant funding.

The Sunnyvale Department of Public Safety currently u�lizes two UAS pla�orms:

DJI Matrice 210: This UAS is a large pla�orm ou�ited with several high-resolu�on cameras and thermal imaging cameras. The DJI Matrice 210 has a longer ﬂight �me and is used for planned opera�ons.

DJI Mavic 2 Enterprise: This UAS is a smaller, foldable, portable pla�orm ou�ited with limited cameras. The DJI Mavic 2 Enterprise is commonly used to gain access into smaller loca�ons (i.e., indoors) or for unplanned rapid deployments.

Brinc Lemur: This UAS is a smaller, foldable, portable pla�orm ou�ited with limited cameras.

The Lemur is commonly used to gain access into smaller loca�ons (i.e., indoors) and operate in challenging interior environments.

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55 DJI Matrice 210 UAS: Price: $ 35,000 Qty: 1 Total: $ 35,000 DJI Mavic 2 Enterprise: Price: $ 5,000 Qty: 1 Total: $ 5,000 Brinc Lemur UAS: Price: $19,241 Qty: 1 Total: $19,241

The City of Sunnyvale currently pays for rou�ne maintenance and repairs made to both UAS systems. These costs vary depending on needs.

4. Rules
The following Sunnyvale DPS Lexipol Policies govern the deployment of UASs:

SUNNYVALE DPS LEXIPOL POLICY 357.3 PRIVACY
The department recognizes that use of a UAS involves poten�al privacy considera�ons and is commited to using UAS in a manner that respects privacy rights. UAS operators and observers will consider ci�zens’ civil rights and reasonable expecta�ons of privacy as key components of any decision made to deploy the vehicle.

UAS operators and observers will ensure, and will be held accountable for ensuring, that opera�ons of the UAS appropriately balance opera�onal needs with maintaining public privacy and freedom from intrusion. To ensure that legi�mate privacy considera�ons are observed, UAS operators and observers will:
a. Absent a warrant or exigent circumstances, adhere to FAA al�tude regula�ons and shall not inten�onally record or transmit images of any loca�on where a person would have a reasonable expecta�on of privacy (e.g., residence, yard, enclosure). b. Take reasonable precau�ons to avoid inadvertently recording or transmi�ng images of areas where there is a reasonable expecta�on of privacy. c. During ﬂight, direct onboard cameras so as to face away from occupied structures not related to the mission, to minimize the inadvertent capture of video or s�ll images of uninvolved persons.
d. Maintain all video and s�ll images in strict compliance with State law and Sunnyvale DPS policies and procedures.
e. Operate strictly within the law and regula�ons pertaining to UAS. Whenever required by policy or law, operators will ensure that warrants are obtained prior to deploying the UAS.

SUNNYVALE DPS LEXIPOL POLICY 357.10 USE OF UAS
Only authorized operators who have completed the required training shall be permited to operate the UAS. All use shall be authorized by the Program Coordinator.

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56 The authorized missions for UAS use are:
a. Search and Rescue Missions
b. Response to Fires or Post-Fire Inves�ga�ons
c. HAZMAT response
d. Barricaded Suspects, Hostage Situa�ons and other high-risk Tac�cal Opera�ons to reduce risk to department personnel, suspects and community members. e. Disaster Response (i.e. ﬂood, earthquake)
f. Video/Photograph documenta�on of Crime Scenes
g. Training Flights as required to meet FAA and Department cer�ﬁca�on standards h. Used in accordance with a court order or search warrant SUNNYVALE DPS LEXIPOL POLICY 357.11 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance ac�vi�es.
• To target a person based solely on actual or perceived characteris�cs, such as race, ethnicity, na�onal origin, religion, sex, sexual orienta�on, gender iden�ty or expression, economic status, age, cultural group, or disability.
• To harass, in�midate, or discriminate against any individual or group. • To conduct personal business of any type.

The UAS shall not be weaponized.

SUNNYVALE DPS LEXIPOL POLICY 357.18 UAS DEPLOYMENT PROCEDURES a. Ini�al requests to use the UAS will be screened by a Patrol Lieutenant. If unavailable, a Team Captain or B/C shall be no�ﬁed. The approving supervisor will have Dispatch contact the Program Coordinator or Manager to request deployment of the UAS. The request will be screened based on the following:

1. Is the proposed use of the UAS within the capabili�es of the UAS equipment and personnel?

2. Does the proposed use of the UAS fall within FAA and Department policies and regula�ons for UAS deployment?

3. Can the UAS be deployed safely given current weather condi�ons?

4. If the UAS deployment requires a warrant, has one been requested and approved?

5. Are suﬃcient trained and qualiﬁed personnel available to safely operate the UAS? b. The UAS Program Coordinator or Manager will either accept or decline the request for UAS support. If the request is denied, a reason will be provided for declining the request to Dispatch, who will provide the requestor this informa�on along with the reason for declining. If the Coordinator or Manager accepts the support request, a UAS pilot will be assigned who will be provided all available mission informa�on.

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57 c. The UAS pilot will contact a cer�ﬁed observer from the list of available trained observers and arrange for the observer to meet the pilot at the scene. The UAS pilot is responsible for transpor�ng the UAS and all required equipment.
d. Upon arriving at the requested loca�on, the UAS pilot will contact the on-scene Incident Commander, check in, and receive a brieﬁng on the mission requested. The UAS operators will make an on-scene determina�on of the ability of the UAS to perform the requested mission safely and within department and FAA policies and procedures. e. If the UAS operators determine that the use of the UAS would violate department policy or direc�ves, they will inform the Incident Commander of the poten�al conﬂict along with recommenda�ons for modifying the requested mission to conform with department policies and procedures. As this is a change from the original approved mission, the UAS pilot will contact the UAS unit chain of command for direc�on on how to proceed. As soon as possible a�er the comple�on of the mission, the UAS pilot will make a full report of the circumstances and their concern through the chain of command. f. UAS operators will have discre�on for declaring safety or viola�on of FAA rules. If UAS operators determine that a requested mission would violate FAA rules or endanger civilians, the UAS pilot will respec�ully inform the Incident Commander of the reason(s) for refusing to operate the UAS and contact the UAS chain of command immediately. The UAS will not be ﬂown in this circumstance, and the authority of the UAS pilot is absolute. g. If the UAS pilot determines that the requested mission will poten�ally damage the UAS or its associated equipment, the UAS pilot will inform the Incident Commander of their concern and suggest mission parameter changes. The UAS pilot is the ﬁnal authority regarding UAS opera�ons.

SUNNYVALE DPS LEXIPOL POLICY 357.19 DOCUMENTATION AND EVIDENCE a. Prior to every ﬂight, a ﬂight log shall be ini�ated for documenta�on. b. Inspec�on and weather will be documented prior to ﬂight within the log book. c. A�er each ﬂight, the operator will complete a statement documen�ng the UAS opera�ons.
d. A�er each deployment, video obtained by the UAS Opera�on will be submited to evidence in accordance with Department policies and procedures. e. Aerial photography (s�ll or video) shall be stored with digital evidence in accordance with Department policy and procedure.
f. The pilot of the UAS is responsible for evidence handling as well as wri�ng any suppor�ng documenta�on for the incident.

5. Training
SUNNYVALE DPS LEXIPOL POLICY 357.6 TRAINING NEEDS ASSESSMENT The UAS Program Manager and Program Coordinator shall conduct an annual needs assessment to ensure that training is conducted within unit capabili�es, department policy, and training guidelines as established by the FAA.

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58 SUNNYVALE DPS LEXIPOL POLICY 357.7 INITIAL TRAINING a. Upon selec�on to the collateral assignment of UAS Operator, new members shall acquire an FAA Remote Pilot Cer�ﬁcate, or higher.
b. Observers must have completed suﬃcient training to communicate to the pilot any instruc�ons required to remain clear of conﬂic�ng traﬃc. This training, at a minimum, shall include knowledge of the rules and responsibili�es described in 14 CFR 91.111, Opera�ng Near Other Aircra�; 14 CFR 91.113, Right-of-Way Rules: Except Water Opera�ons; and 14 CFR 91.155, Basic VFR Weather Minimums; knowledge of air traﬃc and radio communica�ons, including the use of approved ATC/pilot phraseology; and knowledge of appropriate sec�ons of the Aeronau�cal Informa�on Manual. c. Before a member can be authorized to conduct ﬂight opera�ons as a UAS pilot, they must complete at least eight hours of ﬂight training with UAS instructors to show proﬁciency of the ﬂight training exercises and the airframe. This must be accomplished to show their ability and knowledge of the UAS.

SUNNYVALE DPS LEXIPOL POLICY 357.8 RECURRENT TRAINING
a. To maintain a level of proﬁciency with the UAS, operators shall be required to atend regular training. Training will be coordinated through the Program Coordinator. b. All members in the assignment shall maintain proﬁciency in their pilot/observer abili�es. Members who do not have any documented training or ﬂight �me within a span of 6 months will need to demonstrate proﬁciency before being a pilot/observer during a deployment or exercise.
c. Recurrent training is not limited to actual pilo�ng/observer skills but includes knowledge of all per�nent UAS/avia�on maters.
d. Failure to demonstrate proﬁciency can result in removal from UAS responsibili�es.

SUNNYVALE DPS LEXIPOL POLICY 357.9 TRAINING RECORDS
a. All members will have a training ﬁle on record that details training history. This training ﬁle will be held in conjunc�on with the member’s normal training ﬁle per Department policy.
b. All deployments or exercises will be documented and count towards a member's training. c. It is the member’s responsibility to verify their training ﬁle contains all per�nent informa�on.

6. Compliance
SUNNYVALE DPS LEXIPOL POLICY 357.4 PROGRAM MANAGER
The Chief will appoint a Program Manager who will be responsible for the overall direc�on and management of the UAS program. The Program Manager will have the following responsibili�es:

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59 • Ensuring that policies and procedures conform to current laws, regula�ons and best prac�ces.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief.

SUNNYVALE DPS LEXIPOL POLICY 357.5 PROGRAM COORDINATOR The Director of Public Safety will appoint a Program Coordinator who will be responsible for direct supervision of the UAS Program and its personnel. The Program Coordinator will have the following addi�onal responsibili�es:
• Coordina�ng the FAA Cer�ﬁcate of Waiver or Authoriza�on (COA) applica�on process and ensuring that the COA is current.
• Maintaining contact with the FAA and familiarity with per�nent FAA regula�ons. • Ensuring that all authorized operators and required observers have completed all required FAA and Department approved training in the opera�on, applicable laws, policies and procedures regarding use of the UAS.
• Developing a UAS inspec�on, maintenance and record-keeping protocol to ensure con�nuing airworthiness of a UAS, up to and including its overhaul or life limits. • Facilita�ng law enforcement access to images and data captured by the UAS. • Recommending program enhancements, par�cularly regarding safety and informa�on security.
• Ensuring that all training, ﬂight and maintenance records for each operator and airframe are maintained.

The training will fall in line with our legal standards, department policies, and manufacturer’s recomm
enda�ons.

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60 Sec�on 1: Military Equipment Purchase
On November 1, 2022, Sunnyvale City Council approved an ordinance to amend, approve, and adopt the revised public safety military equipment use policy pursuant to the California Assembly Bill No. 481, to increase the authorized quan�ty of unmanned aerial systems, commonly referred to as drones from two to three devices (RTC 22-0991).

Sunnyvale Department pf Public Safety later purchased a Brinc Lemur (UAS) indoor drone and took receipt of the equipment in March 2023.

FY 2022/23 Military Equipment Purchases
Military Equipment Qty Cost Date of
Purchase
Funding Source Purchase Type
RSK-TB2-A
Throwbot 2
1 $ 13,145 9/21/2022 Jus�ce Assistant
Grant
Replacement-
Like for like
RSK-TB2-A
Throwbot 2
1 $ 13,920 12/29/2022 Jus�ce Assistance
Grant
Replacement-
Like for like
Avexure drone
(UAS)
1 $ 1,885 12/8/2022 Supplemental Law
Enforcement
Services (SLES)
Funds
Replacement-
Like for like
Brinc Lemur (UAS) 1 $ 19,241 1/27/2023 Supplemental Law Enforcement
Services (SLES)
Funds
New – approved
by Council
RTC 22-091

Sec�on 2: Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause ques�ons and/or concerns for members of the community. It is vitally important that community members’ ques�ons and/or complaints regarding Sunnyvale Department of Public Safety’s possession and use of military equipment are addressed.

The Sunnyvale Department of Public Safety is commited to full and fair inves�ga�ons of community complaints. As such, the Department has sound internal procedures for thorough and impar�al inves�ga�ons of community complaints. Resolving complaints in a fair, impar�al, and expedi�ous manner will ensure the consistent high level of integrity and eﬃciency maintained by the Department.

In March of 2022, the Sunnyva
le Department of Public Safety published its Military Equipment Funding, Use and Acquisi�on policy on its website.

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61 Community concerns and complaints can be received via the Department’s website, in-person at the police department or in the ﬁeld during police contacts, telephone, emails and social media.

The Department did not receive any community concerns or complaints related to military equipment use in 2022.

Community Concerns Community Complaints SDPS Internal Inves�ga�ons 0 0 0

Sec�on 3: Internal Inventory & Audit
Per Sunnyvale Department of Public Safety Policy 705.3 (c), the Department’s military equipment coordinator, Chief ’s designee, is required to complete an internal inventory audit of all military equipment within the possession of the Department at least once annually.

During the past year 2022/2023, two (2) internal inventories of the Department’s military equipment were completed. The ﬁrst inventory was completed in Spring 2022, which iden�ﬁed all of the Department’s military equipment in prepara�on to fulﬁll the obliga�ons set by Assembly Bill 481.

The Department added one Brinc drone to its inventory in January 2023 (see Equipment Purchases, above). Two (2) Throwbots were purchased in September 2022 and December 2022 replacing pocket robots previously held in inventory. A like for like replacement was completed for a damaged drone.The second inventory was completed in Winter 2023. Staﬀ focused on current military equipment inventory and projected the military equipment needs for 2023 (see Projected Military Equipment Acquisi�on for further informa�on).

An audit of the use of military equipment was completed by the SWAT Captain. This audit focused on the use of military equipment during cri�cal incidents involving Department personnel. The audit conﬁrmed that Department personnel were found to be in compliance with Policy #705 in the use of military equipment.

Sec�on 4: Relinquished Military Equipment (2022)
Name Caliber / Ammo Quan�ty Date
HK MP7 Specialized
Firearms

4.6 cal 5 total ﬁrearms Calendar year 2022
Pocket Robot n/a 2 September 2022 and
December 2022

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62 Sunnyvale Department of Public Safety relinquished previously approved military deﬁned ﬁrearms, Heckler & Koch MP7, as it was determined to be obsolete due to the availability of replacement parts and maintenance costs. Two pocket robots were used as trade-ins for the purchase of two Throwbots (replace like for like).

Sec�on 5: Projected Military Equipment Acquisi�on
(2023)
For 2023 (January- December), the Sunnyvale Department of Public Safety projects the purchase of ammuni�on and ﬂashbang diversionary devices to replenish inventory due to training and cri�cal incident use. The es�mated purchase price of this equipment is approximately $4,439.16.

The opera�ng costs of this equipment, which includes acquisi�on, personnel �me, training facili�es, transporta�on/storage of equipment, equipment upgrades and other ongoing costs is budgeted within the Department’s approved opera�ng budget for FY22/23 and FY23/24.

Ammuni�on, projec�les, cartridges, bateries, and other expendable and maintenance supplies are ordered and replaced on an as needed basis throughout the year in order to maintain an adequate supply for training and actual deployment.

Sec�on 6: Fiscal Impact for 2022
Sunnyvale Department of Public Safety is budgeted for 201 sworn oﬃcers, 7 Community Service Oﬃcers (CSOs), 20 dispatchers, and 61 professional staﬀ. The opera�ng budget for the department for the 2022-2023 ﬁscal year is $89,009,207.

The City of Sunnyvale adopts an opera�ng budget on ﬁscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in April of 2022 by the City of Sunnyvale City Council. The cost of equipment and expenditures is reﬂected in this report for January 2022 to December 2022 pursuant to Assembly Bill 481.

During this repor�ng period, Sunnyvale Department of Public Safety spent approximately $41,500 for equipment training speciﬁed in AB481. The total expenditures represent 0.046% of Sunnyvale Department of Public Safety’s opera�onal budget.

Military Equipment Projected Purchase Amount Projected Purchase Price Noise Flash Diversionary
Device (NFDD)
111 Devices $4,439.16
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63 $ 89,009,207
$41,500
Military Equipment
Fiscal Budget Equipment Training
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64 2022 Armored Personnel Vehicle U�lized
Case / EV# Date Equipment Used Reason
SV22-
0220115
01/22/22 Armored Personnel
Vehicle
872 West Knickerbocker Drive –
call of a shoo�ng.

SV22-
08100123
03/22/22 Armored Personnel
Vehicle
1150 Pecos Way – Assault with
Deadly Weapon (AR15-Shotgun)
SV22—
1620158
06/11/22 Armored Personnel
Vehicle
872 San Aleso Ave- Weapons Call
SV22-
1950121
07/14/22 Armored Personnel
Vehicle
Mutal Aid Request Campbell PD
SV22-
1970004
07/16/22 Armored Personnel
Vehicle
Mutal Aid Request Mountain View
PD
SV22-
3240089
11/20/22 Armored Personnel
Vehicle
Armed Person in Vehicle
SV22-
3420216
12/08/22 Armored Personnel
Vehicle
Barricaded Felon in Vehicle

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65 2022 Unmanned Aircra� Systems (UAS) U�lized
Date Time Loca�on Purpose
12/25/2022 3:30pm Malabar/Kiely, Santa
Clara
Barricaded subject
12/24/2022 1200pm Moﬀet Park Dr/Orleans
Dr
Search for aggravated assault
suspect
12/19/2022 4:31pm 655 W Olive Ave Search for subject on roof 12/18/2022 12:26am 802 Carolina Ave. Air Support/Barricaded Suspect 12/8/2022 10:25pm 926 Poplar Av Air Support/occupied stolen vehicle
11/18/2022 8:00am 23000 block McKean Rd,
San Jose
Training ﬂight/scenario training
11/15/2022 7:00pm 550 E. Remington Dr. Training Flights 11/14/2022 1:00pm 969 E. Caribbean Dr. Training Flights 10/31/22 7:15am 425 Costa Mesa Terr Search for suspects ﬂeeing from enforcement stop
10/29/22 3:15pm 1327 Orleans Dr Search roo�op for burglary suspects
10/28/22 11:00am Fair Oaks/Olive Aerial imagery for collision inves�ga�on
10/11/22 12:15pm El Camino Real/Highway 9 Aerial imagery for collision inves�ga�on
10/11/22 11:35am Mathilda/Washington Aerial imagery for collision inves�ga�on
10/11/22 3:00am Queta/Blair Search for wanted suspect
9/27/22 7:00pm Wolfe/Inverness Aerial imagery for collision inves�ga�on
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66 9/9/22 8:30am Wolfe/Inverness Aerial imagery for collision inves�ga�on
7/15/2022 2:30am Higdon Av/Villa St,
Mountain View
Mutual Aid Request. Search of
wanted suspect
6/11/2022 8:00pm 800 Blk San Aleso Search for wanted suspect 6/8/22 9:03pm Oakmead/Lakeway Search for wanted suspect 6/8/22 8:15am Miramar/Suntree Search for evidence
5/28/2022 11:50pm 526 Almanor Ave Search for wanted suspect 5/10/2022 1:00pm Hermosa / Pastoria Search for wanted suspect 5/9/2022 5:15pm Fresno / Alpine, Santa
Clara
Assistance with armed/barricaded
suspect
5/2/2022 9:30pm I280 / 85, Sunnyvale Mutual aid request. Search for Hit and Run subject
4/19/2022 10:00pm 1680 Mar�n, Santa Clara Mutual aid request. Search for burglary suspect
3/4/2022 11:30pm 644-654 Lakehaven Dr Search for wanted suspect 2/16/2022 12:05pm 540 N. Fair Oaks Search for wanted suspect

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67 SUNNYVALE DPS – AB 481
Military Equipment List

Name of
Equipment Number of Equipment Descrip�on
Ammuni�on
(approx. count)
Pepper Ball
Launcher 6 Pepperball SA200 Launcher N/A
SAGE 6 Sage Deuce 37 mm Launcher N/A
SWAT SAGE 2
Penn Arms "CL1-40-C" 40 mm
Launcher N/A
FlashBangs 125 CTS Models – 7290 Series 125
CS Gas 184
CTS Models - 5230, 5230B, 8230,
4330, 4331, 4233 184
Explosive
Breaching
Equipment
3000 �. detona�on cord, 200
detonators, 50 blas�ng caps
3000 �. detona�on cord, 200
detonators, 50 blas�ng caps N/A
SWAT Robots 3
(1) Avatar III, (2) RSK-TBA-2
Throwbot 2 N/A
Armored
Personnel Vehicle 1 2007 Ford F-550 4WD N/A
Mobile Command
Vehicle (MEOC) 1 2011 Freightliner Truck N/A
SWAT Riﬂes 21 Daniel Defense Riﬂe General Issue
SWAT Sniper
Riﬂes 6 Surgeon Bolt/JP Enterprise Riﬂe 4,000 / yr
HK MP7 (All Relinquished) Heckler-Koch MP7 Riﬂe N/A
UAS 2
DJI Mavic 2/DJI Matrice 210
drone N/A
UAS 1 Lemur UAS N/A
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68 Conclusion
This Annual Military Equipment Report reaﬃrms the Sunnyvale Department of Public Safety’s commitment to providing transparency and informa�on to our communi�es and elected oﬃcials in addi�on to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Sunnyvale Department of Public Safety Oﬃcers to beter serve and protect Sunnyvale, enhance the safety of oﬃcers and community and bring cri�cal incidents to a safe resolu�on.

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Sunnyvale City CouncilMay 2, 2023

Sunnyvale City Council
May 2, 2023