DPS Annual Military Equipment Report — Sunnyvale City Council, May 21, 2024

1 SUNNYVALE DEPARTMENT OF PUBLIC SAFETY

ANNUAL MILITARY

EQUIPMENT REPORT
2023
Attachment 1

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2 Table of Contents
IntroducƟon ......................................................................................................................... 3 DeﬁniƟons............................................................................................................................. 4 Armored Personnel Vehicle……………………………………………………………………………………………….… 5 EnergeƟc Breaching Program……………………………………………………………………………………………... 7 Less-Lethal Launcher……………………………………………………………………………………………………..….. 11 Mobile Emergency OperaƟons Center (MEOC)………………………………………………………………..…. 15 Noise Flash Diversionary Device (NFDD)………………………………………………………….………………... 19 Pepper ProjecƟle Systems…………………………………………………………………………….…………………... 23 DPS SWAT Riﬂes………………………………………………………………………………………..………………………..28 DPS SWAT Sniper Riﬂes…………………………………………………………………………..……………………….… 35 Reconnaissance Robots……………………………………………………………………………………………………… 43 Tear Gas……………………………………………………………………………………………………………………………. .48 Unmanned AircraŌ Systems…………………………………………………………………………….……………….. .54 2023 Equipment Purchase .................................................................................................. 60 Community Concerns and Complaints ................................................................................. 60 Internal Military Equipment Inventory & Audit ................................................................... 61 Projected Military Equipment AcquisiƟon (2024) ................................................................ 62 Fiscal Impact……………………………………………………………………………………………………………………….62 Conclusion........................................................................................................................... 68 Attachment 1

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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 requesƟng, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdicƟon 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, AcquisiƟon, 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 conƟnue the Ordinance and Policy, take acƟon (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, cerƟﬁed instrucƟonal 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, 2023 through December 31, 2023. The Department will submit its Military Equipment Annual Report to City Council aŌer December 31st of every year in compliance with AB 481.

Attachment 1

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4 DEFINITIONS
DeﬁniƟons of Military Equipment established by California Government Code §7070: (SDPS uƟlizes 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 mulƟpurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, ﬁve- ton trucks, or wheeled vehicles that have a breaching or entry apparatus aƩached • Tracked armored vehicles that provide ballisƟc protecƟon to their occupants • Command and control vehicles that are either built or modiﬁed to facilitate the operaƟonal control and direcƟon of public safety units
• Weaponized aircraŌ, vessels, or vehicles or any kind
• BaƩering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
• Firearms and ammuniƟon of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammuniƟon
• Specialized ﬁrearms and ammuniƟon of less than .50 caliber, including ﬁrearms and accessories idenƟﬁed as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the excepƟon of standard-issue weapons
• Any ﬁrearm or ﬁrearm accessory that is designed to launch explosive projecƟles • Noise-ﬂash diversionary devices and explosive breaching tools • MuniƟons containing tear gas or OC, excluding standard, service-issued handheld pepper spray
• Taser Shockwave, microwave weapons, water cannons, and long-range acousƟc devices (LRADs)
• KineƟc energy weapons and muniƟons
• Any other equipment as determined by a governing body or a state agency to require addiƟonal oversight
Attachment 1

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5 SUNNYVALE DPS – AB 481
Armored Personnel Vehicle ARV

1. Project Background and DescripƟon/Expected Lifespan
The Sunnyvale Department of Public Safety (SDPS) Armored Personnel Rescue Vehicle is an armored vehicle that is used for special operaƟons that pose a high safety risk to oﬃcers or the public. The vehicle provides ballisƟc protecƟon for the oﬃcers during dangerous law enforcement operaƟons. The vehicle is also used to assist with the rescue and protecƟon of civilians in harm’s way during terrorist threats, hostage incidents, acƟve shooter events, or other life-threatening situaƟons.

The vehicle is designed to provide protecƟon 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 alternaƟve that can achieve the same objecƟve 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 criƟcal incidents to enhance oﬃcer and community safety and assist in resolving criƟcal 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 rouƟne 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:

Attachment 1

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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 direcƟon of travel, and then only by passing to the leŌ.

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 intersecƟons to such a degree that they shall have complete control of the vehicle.

The decision to conƟnue a Code-3 response is at the discreƟon of the oﬃcer. If, in the oﬃcer's judgment, the roadway condiƟons or traﬃc congesƟon 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 noƟfy Dispatch. An oﬃcer shall also disconƟnue 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 cerƟﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendaƟons.

7. Complaints or Concerns
Our department procedures regarding complaints are dictated in the Internal Aﬀairs InvesƟgaƟons Standard OperaƟng Procedures Manual
: hƩps://sunnyvale.ca.gov/government/safety/accountability.htm Attachment 1

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7 SUNNYVALE DPS – AB 481
EnergeƟc Breaching Program

1. Project Background and DescripƟon/Expected Lifespan
The primary use of energeƟc breaching program is used by the Sunnyvale DPS SWAT team to provide an immediate, eﬃcient, an unexpected strategic entry during an emergency operaƟon.

This calculated and surprise entry is intended to catch the suspect(s) oﬀ guard, permit swiŌ ingress, and allow SWAT personnel to quickly locate and assess potenƟal threats concealed in enclosed structures. EﬀecƟve breaching techniques allows Sunnyvale SWAT personnel immediate entry with minimal risk to themselves, the vicƟms and the suspects.

EnergeƟc breaching is a non-lethal force opƟon. Sunnyvale SWAT personnel assigned as breachers are tasked with the objecƟve to aﬀect an entry shall consider the safety of innocent persons inside the stronghold, the safety of the suspect, and the safety of the tacƟcal oﬃcers conducƟng the operaƟon.

EnergeƟc Breaching is used when there are no other reasonable alternaƟves to rapidly breach a locaƟon. EnergeƟc Breaching is only used when Ɵme is of the essence in order to preserve life.

Without these items, peace oﬃcers may not be able gain access to a locaƟon in a safe and Ɵmely manner to engage in necessary police operaƟons.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

The energeƟc breaching equipment uƟlized 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 situaƟon. EnergeƟc 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 iniƟal energeƟc breaching program was iniƟated in 2014. The startup costs and equipment have changed over the years. The iniƟal costs for obtaining the equipment are based on 2020 prices:

DetonaƟon 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
Attachment 1

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8 The esƟmated annual costs to maintain, replenish, and service the energeƟc breaching program equipment is approximately:

DetonaƟon 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 situaƟon in light of the parƟcular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objecƟvely reasonable oﬃcer.” The Sunnyvale DPS SWAT energeƟc breaching team will be composed of two energeƟc breachers. The team will have an energeƟc breaching team leader and a primary energeƟc 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 energeƟc breaching operaƟons, both training and mission speciﬁc. A licensed blaster has to be present at all energeƟc breaching operaƟons. 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 JusƟce, Alcohol Tabacco Firearms (ATF) EnergeƟc 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 energeƟcs for breaching operaƟons. All energeƟc purchases, materials used during training and operaƟons, all need to be recorded and records kept for ATF inspecƟon. A running total of energeƟc materials stored at SDPS needs to be logged and available for ATF audit at all Ɵmes.

The Sunnyvale Fire Marshall needs to approve storage containers, storage site and approve energeƟc material inventory.

Storage
The U.S. DOJ Department of Alcohol, Tobacco, and Firearms (ATF) regulate and license the purchase, storage, and use of energeƟc materials. EnergeƟc breaching personnel will store energeƟcs in accordance with ATF-EnergeƟcs Law and RegulaƟons (ATF P 5400.7, Subpart K- Storage).

The energeƟcs will be stored in ATF approved magazines, at a speciﬁc site designated by the Sunnyvale Fire Marshall. EnergeƟc breaching personnel will maintain a magazine log to record amounts of energeƟc 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 energeƟc 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 energeƟc breacher must maintain a minimum standard of ten hours of energeƟc training every month to include:

1. Work with detonators and ﬁring assemblies

2. ConstrucƟon and detonaƟon of breaching charges

3. Review of energeƟc composiƟon theories and properƟes

4. Review of all related calculaƟons and formulas needed for the development of breaching plans

5. Review of all processed objecƟve data

6. Review and debrief of other unit operaƟons and research informaƟon

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

All energeƟc breachers will aƩend an accredited “Basic Explosive Breaching” course.. The course consists of a minimum of 40 hours. The course of instrucƟon must include all areas of energeƟc science, blast pressure, blasƟng regulaƟons and compliance requirements, documentaƟon and chare conﬁguraƟons as required of a contemporary energeƟc breaching program.

Prior to performing an operaƟonal breach of any kind, all energeƟc breachers will be required to parƟcipate in a minimum of 25 documented training “shots” with the unit and at least one training breach uƟlizing the enƟre SWAT team.

The energeƟc breaching unit will maintain a breaching log which documents every energeƟc breach, training or operaƟonal. The designated energeƟc breacher of each entry point shall be responsible for compleƟng a breaching report in a Ɵmely manner whenever energeƟc breaching charges are used.

The energeƟc breaching team leader works directly with the other SWAT team leaders during criƟcal incidents and training events. He/she is responsible for:

1. The readiness of energeƟc breaching equipment and personnel.

2. Maintaining all training records and operaƟonal documents.

3. EvaluaƟng all tacƟcal informaƟon and working with the SWAT team leader to develop, prepare, and execute the entry plan uƟlizing the energeƟc breaching team.

4. Maintaining data of operaƟon methods and crisis site informaƟon for future reference and use.

5. Brieﬁng command staﬀ on the team’s breaching capabiliƟes Attachment 1

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10 6. ConƟnually evaluaƟng the SWAT team’s mission and assignments to ensure the energeƟc breaching team is in a constant state of readiness.

EnergeƟc Breach AŌer-AcƟon Report
Following all tacƟcal team operaƟons and signiﬁcant training events, a wriƩen aŌer-acƟon report shall be prepared by the energeƟc breaching team leader and submiƩed to the SWAT team leader.

The criƟque shall include:

A descripƟon of crime scene informaƟon availability, accuracy, collecƟon methods, and Ɵming of disseminaƟon.

A descripƟon of the planning and preparaƟon phase.

A descripƟon of the execuƟon of the operaƟon.

A descripƟon of the team’s performance.

DocumentaƟon of the objecƟve layout and construcƟon in wriƟng, photographs, and video if possible.

This report should idenƟfy deﬁciencies and correcƟve acƟons as necessary for each phase and a recommendaƟons secƟon for acƟons 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 energeƟc breaching will be properly trained and cerƟﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendaƟons.

Attachment 1

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11 SUNNYVALE DPS – AB 481
Less-Lethal Launcher

1.Project Background and DescripƟon/Expected Lifespan
The less-lethal launcher is a launching plaƞorm that uses a 37mm or 40mm rubber "baton" generally at distances around 10-20 yards. It is designed to be used on extremiƟes such as arms or legs, similar to a handheld wooden baton, and is eﬀecƟve 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 operaƟons.

The less-lethal launcher expands the department's capability to responding to situaƟons where oﬃcers face non-lethal situaƟons where subjects are not complying with orders/direcƟons. The less-lethal launcher can potenƟally prevent a deadly force encounter.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

The less-lethal launchers uƟlized 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 opƟon to oﬀer law enforcement oﬃcers to deliver a less than lethal projecƟle to a subject in a potenƟally violent encounter. The less-lethal launcher system is a de-escalaƟon tool used to avoid further injuries or lethal opƟons 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

SAGE Deuce 37mm launcher muniƟons: Price: $ 3,980 Qty: 190

Penn Arms 40mm Launcher (SWAT) Price: $ 2,348 Qty: 2 Total: $ 4,696

Penn Arms 40mm launcher muniƟons: Price: $ 1,466 Qty: 70

Total approximate iniƟal costs for one less-lethal system: $ 11,184 The replacement cost for this program is $25,000.

Attachment 1

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

Other legal guidelines involve the use of kineƟc energy projecƟles and/or chemical agents such as 13652PC. It discusses when and when not to use kineƟc energy projecƟles and/or chemical agents during assemblies, protests, and/or demonstraƟons.

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

SUNNYVALE DPS LEXIPOL POLICY 302.9 KineƟc Energy ProjecƟle Guidelines:

This department is commiƩed to reducing the potenƟal for violent confrontaƟons. KineƟc energy projecƟles, when used properly, are less likely to result in death or serious physical injury and can be used in an aƩempt to de-escalate a potenƟally deadly situaƟon.

SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

Only department-approved kineƟc energy muniƟons shall be carried and deployed. Approved muniƟons may be used to compel an individual to cease his/her acƟons when such muniƟons present a reasonable opƟon.

Oﬃcers are not required or compelled to use approved muniƟons in lieu of other reasonable tacƟcs if the involved oﬃcer determines that deployment of these muniƟons 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, situaƟons in which:
b. The suspect is armed with a weapon and the tacƟcal circumstances allow for the safe applicaƟon of approved muniƟons.
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, boƩles or other dangerous projecƟles at people and/or oﬃcers.
e. There is probable cause to believe that the suspect has already commiƩed a crime of violence and is refusing to comply with lawful orders.

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13 SUNNYVALE DPS LEXIPOL POLICY 302.9.2 Deployment ConsideraƟons:

Before discharging projecƟles, the oﬃcer should consider such factors as:
a. Distance and angle to target.
b. Type of muniƟons employed.
c. Type and thickness of subject’s clothing.
d. The subject’s proximity to others.
e. The locaƟon of the subject.
f. Whether the subject’s acƟons 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 applicaƟon, unless it would otherwise endanger the safety of oﬃcers or when it is not pracƟcable 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 recommendaƟons and their training regarding eﬀecƟve distances and target areas. However, oﬃcers are not restricted solely to use according to manufacturer recommendaƟons. Each situaƟon must be evaluated on the totality of circumstances at the Ɵme 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 intenƟonally 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 cerƟﬁed instructors. The training includes when the less-lethal launchers can be deployed, targeƟng areas, and reporƟng 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 cerƟﬁed to carry the speciﬁc control device and are retrained or recerƟﬁed as necessary.

Proﬁciency training shall be monitored and documented by a cerƟﬁed, control-device weapons or tacƟcs instructor.

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

Attachment 1

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14 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 aŌer remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 ReporƟng Use of Control Devices and Techniques:

Any applicaƟon 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 cerƟﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendaƟons.

Attachment 1

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15 SUNNYVALE DPS – AB 481
Mobile Emergency OperaƟons Center (MEOC)

1. Project Background and DescripƟon/Expected Lifespan
In 2009, the Sunnyvale Department of Public Safety (DPS) received grant funding to design and procure a mobile plaƞorm to deliver interoperable command/control, communicaƟon and data management assets to an operaƟonal scene to support all-risk operaƟons. This Mobile Emergency OperaƟons Center (MEOC) is available for deployment to numerous jurisdicƟons within the Bay Area region. The vehicle helps strengthen informaƟon sharing, collaboraƟon, and command and control, between numerous agencies during large scale emergencies. AddiƟonally, the design of the vehicle complements mobile command centers and tacƟcal assets being used by the CiƟes of Palo Alto and Santa Clara.

The MEOC is an unarmored vehicle similar to a large commercial recreaƟonal 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 alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety. The MEOC uƟlized by the Sunnyvale Department of Public Safety has no oﬀensive capabiliƟes.

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 communicaƟons, data management, and command/control abiliƟes during an emergency.

3. Fiscal Impact
The iniƟal 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 rouƟne 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 StaƟon 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.

Attachment 1

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16 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 operate ﬁreﬁghƟng equipment, including Ɵller 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).

Attachment 1

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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 eﬀecƟvely operate apparatus and equipment to which they are assigned.

The evaluaƟon of individual and company training eﬀecƟveness shall be based on actual performance demonstraƟon. This may be observed at rouƟne drills, calls for service, and the ability to successfully complete Department of Public Safety CerƟﬁcaƟons. 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 direcƟon for training PSO's assigned to the Bureau of Fire Services for the ﬁrst Ɵme and for those returning aŌer a long absence.

SUNNYVALE DPS LEXIPOL POLICY 501.3 PROCEDURES
All members who operate ﬁreﬁghƟng 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 leƩer 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 ﬁreﬁghƟng equipment, including Ɵller 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 eﬀecƟvely operate apparatus and equipment to which they are assigned.

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18 SUNNYVALE DPS LEXIPOL POLICY 501.3 PROCEDURES
All members who operate ﬁreﬁghƟng 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 leƩer from the Director of Public Safety or the authorized designee.

Provide the DMV with proof of successful compleƟon 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 leƩer from the Director of Public Safety or the authorized designee.

Pass the appropriate wriƩen ﬁreﬁghter examinaƟon(s) that have been developed by the DMV with the cooperaƟon of the Oﬃce of the State Fire Marshal.

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

A member is not required to obtain and maintain a ﬁreﬁghter endorsement if the member is operaƟng the ﬁreﬁghƟng 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 duƟes 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 recommendaƟons.

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

1. Project Background and DescripƟon/Expected Lifespan
The Sunnyvale Department of Public Safety (SDPS) SWAT team and trained members of the Community Crimes Unit (CCU) has the ability to deploy a diversionary device known as a Noise Flash Diversionary Device (NFDD). A NFDD is a non-bursƟng, non-fragmenƟng, 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 operaƟons where the subject poses a signiﬁcant threat to oﬃcers or the public.

The NFDD is considered a non-lethal use of force opƟon. These devices can oŌen lead to a safer resoluƟon and allow oﬃcers to take a subject into custody without force.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

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

2. Purposes and Use
A NFDD is a non-bursƟng, non-fragmenƟng, device that produces a loud sound and bright light.

The NFDD is used as diversion/distracƟon device during dangerous situaƟons involving potenƟally violent subjects. The NFDD is only used by specially trained SWAT team members.

3. Fiscal Impact/Inventory
CTS NFDD model 7290M QuanƟty: 25 Total: $2,447 CTS NFDD model 7290-2 QuanƟty: 2 Total: $1,725
CTS NFDD model 7290-9 QuanƟty: 27 Total: $4,022
CTS NFDD model 7290-50 QuanƟty: 18 Total: $756
CTS NFDD model 7290-1 QuanƟty: 18 Total: $756
CTS NFDD model 7290MT QuanƟty: 35 Total: $2,295
Total approximate costs for the program: $ 12,000

The esƟmated annual costs to maintain and replenish supply used during operaƟons or training is approximately: $3,000 (increase to $3978 to account for the 10 CCU NFDDs)

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

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

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 Ɵme of the event to accomplish a legiƟmate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspecƟve of a reasonable oﬃcer on the scene at the Ɵme of the incident. Any evaluaƟon of reasonableness must allow for the fact that oﬃcers are oŌen forced to make split-second decisions about the amount of force that reasonably appears necessary in a parƟcular situaƟon, with limited informaƟon and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realisƟcally predict every possible situaƟon an oﬃcer might encounter, oﬃcers are entrusted to use well-reasoned discreƟon in determining the appropriate use of force in each incident. Oﬃcers may only use a level of force that they reasonably believe is proporƟonal 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 impracƟcal or ineﬀecƟve to use any of the approved tools, weapons, or methods provided by the Department. Oﬃcers may ﬁnd it more eﬀecƟve or reasonable to improvise their response to rapidly unfolding condiƟons that they are confronƟng. In such circumstances, the use of any improvised device or method must nonetheless be objecƟvely reasonable and uƟlized only to the degree that reasonably appears necessary to accomplish a legiƟmate law enforcement purpose.

While the ulƟmate objecƟve 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 aƩempts 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).

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21 5. Training
All Sunnyvale DPS SWAT team members are trained in the proper use of the NFDDs during their P .O.S.T. CerƟﬁed Basic 80-hour SWAT School. SWAT team members also parƟcipate in yearly re- cerƟﬁcaƟon on the use of the NFDDs.

Non-SWAT trained members of CCU will be trained in the proper use of the NFDDs by a cerƟﬁed NFDD instructor before being allowed to deploy NFDDs and will parƟcipate in a yearly recerƟﬁcaƟon on the use of NFDDs.

SUNNYVALE DPS LEXIPOL POLICY 406.3.1 INITIAL TRAINING
SWAT team operators and SWAT supervisors should not be deployed unƟl successful compleƟon of the POST cerƟﬁed 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 recommendaƟons.

SUNNYVALE DPS LEXIPOL POLICY 406.3.2 UPDATED TRAINING
Appropriate team training for the specialized SWAT funcƟons and other supporƟng resources should be completed prior to full deployment of the team.

SWAT team operators and SWAT supervisors should complete POST cerƟﬁed 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 execuƟve personnel are encouraged to aƩend training for managing the SWAT funcƟon at the organizaƟonal level to ensure personnel who provide acƟve oversight at the scene of SWAT operaƟons understand the purpose and capabiliƟes of the teams.

Command personnel who may assume incident command responsibiliƟes should aƩend SWAT or CriƟcal Incident Commander course or its equivalent. SWAT command personnel should aƩend a POST cerƟﬁed SWAT commander or tacƟcal commander course, or its equivalent.

SUNNYVALE DPS LEXIPOL POLICY 406.3.6 SCENARIO BASED TRAINING SWAT teams should parƟcipate in scenario-based training that simulates the tacƟcal operaƟonal environment. Such training is an established method of improving performance during an actual deployment.

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

The supervising Lieutenant(s) of each respecƟve team is responsible for ensuring training records are updated monthly.

The policy detailed above is based on the policies, procedures, and pracƟces of police SWAT teams that conƟnue to successfully uƟlize NFDDs in their operaƟons. These police departments include the Los Angeles Sheriﬀ’s Oﬃce (SEB) Special Enforcement Bureau, the Santa Clara Police 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 cerƟﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendaƟons.

The Sunnyvale DPS Special Operations Captain shall ensure all non-SWAT trained personnel authorized to use NFDDs will be properly trained and certified. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendations.

SUNNYVALE DPS LEXIPOL POLICY 406.8 SWAT TEAM ADMINISTRATIVE PROCEDURES ConƟnual evaluaƟon of a team member's performance and eﬃciency as it relates to the posiƟve operaƟon 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 funcƟons at a level less than saƟsfactory shall be subject to dismissal from the team.

SUNNYVALE DPS – AB 481
Pepper ProjecƟle Systems

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

The muniƟons contain only safe, pure, nonoil-based PAVA and are non-ﬂammable. The system Attachment 1

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23 was based oﬀ paintball launcher systems. The Pepper ProjecƟle System has an expected lifespan of 10 years.

The Pepper ProjecƟle System muniƟon (inert): is a 68-caliber plasƟc (breakable) sphere which encapsulates a scented powder that is not a chemical agent. The inert muniƟon is used for training purposes and has an expected lifespan of 3 years.

The Pepper ProjecƟle System muniƟon: is a 68-caliber plasƟc (breakable) sphere which encapsulates a 2% chemical agent (PAVA) payload. The muniƟon is used as a non-lethal weapon designed de-escalate a potenƟally violent encounter. The muniƟon has an expected lifespan of 3 years.

2. Purposes and Use
The Pepper ProjecƟle System and muniƟons are used as a non-lethal opƟon to oﬀer law enforcement oﬃcers the chance to deliver chemical agents and kineƟc energy impacts to subjects in a potenƟally violent encounter. The proper use of the Pepper ProjecƟle System is a de-escalaƟon tool used to avoid further injuries or lethal opƟons on a subject.

3. Fiscal Impact
The iniƟal Pepper ProjecƟle System program was iniƟated in 2005. The costs and equipment have changed over the years. The iniƟal costs for obtaining the equipment are based on 2020 prices:

Pepper ProjecƟle System FTC Basic Launcher (Patrol): Price: $591 Qty: 6 Total: $3,546

Pepper ProjecƟle System MuniƟons (Inert): Price: $375 per case Qty: 2,200 Total: $1,938 Pepper ProjecƟle System MuniƟons: Price: $375 per case Qty: 2,600 Total: $6,832 Miscellaneous (backpack, muniƟon holder, air tanks, etc.) Total: $6,000

Total approximate iniƟal costs for the Pepper ProjecƟle System: $ 18,316

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24 The following Sunnyvale DPS Lexipol Policies govern the deployment of Pepper ProjecƟle launchers:

SUNNYVALE DPS LEXIPOL POLICY 302.7.2 Pepper ProjecƟle Systems:

Pepper projecƟles are plasƟc spheres that are ﬁlled with a derivaƟve of OC powder. Because the compressed gas launcher delivers the projecƟles with enough force to burst the projecƟles on impact and release the OC powder, the potenƟal exists for the projecƟles to inﬂict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projecƟle system should not intenƟonally 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 ProjecƟle System/ Impact ProjecƟle Launcher training will be authorized to use the Non-Lethal weapon system.

Oﬃcers encountering a situaƟon that warrants the use of a pepper projecƟle system shall noƟfy a supervisor as soon as pracƟcable. A supervisor shall respond to all pepper projecƟle system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all noƟﬁcaƟons and reports are completed as required by the Use of Force Policy.

Each deployment of a pepper projecƟle system shall be documented. This includes situaƟons where the launcher was directed toward the suspect, whether or not the launcher was used.

UnintenƟonal discharges shall be promptly reported to a supervisor and documented. Only non- incident use of a pepper projecƟle system, such as training and product demonstraƟons, is exempt from the reporƟng 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.

SUNNYVALE DPS LEXIPOL POLICY 302.8 Post ApplicaƟon NoƟce:

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 noƟce of the possible presence of residue that could result in irritaƟon or injury if the area is not properly cleaned. Such noƟce should include advisement that clean up will be at the owner’s expense.

InformaƟon regarding the method of noƟce and the individuals noƟﬁed should be included in related reports.

SUNNYVALE DPS LEXIPOL POLICY 302.9 KineƟc Energy ProjecƟle Guidelines:

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25 This department is commiƩed to reducing the potenƟal for violent confrontaƟons. KineƟc energy projecƟles, when used properly, are less likely to result in death or serious physical injury and can be used in an aƩempt to de-escalate a potenƟally deadly situaƟon.

SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

Circumstances appropriate for deployment include, but are not limited to, situaƟons in which:
a. The suspect is armed with a weapon and the tacƟcal circumstances allow for the safe applicaƟon of approved muniƟons.
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, boƩles or other dangerous projecƟles at people and/or oﬃcers.
d. There is probable cause to believe that the suspect has already commiƩed 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 ConsideraƟons:

5. Training
Oﬃcers receive training on the proper use of the Pepper ProjecƟle System systems by current manufacturer cerƟﬁed instructors. The training includes when the Pepper ProjecƟle System can be deployed, targeƟng areas, and reporƟng 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 cerƟﬁed, control-device weapons or tacƟcs 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 aŌer remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 ReporƟng Use of Control Devices and Techniques:

Any applicaƟon 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 ProjecƟle Systems) will be properly trained and cerƟﬁed. The training will fall in line with our legal standards, department policies, and manufacturer’s recommendaƟons.

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28 SUNNYVALE DPS – AB 481
DPS SWAT Riﬂes

1. Project Background and DescripƟon/Expected Lifespan

The 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 aƩends monthly training that requires the pracƟce ﬁring of their riﬂes. This monthly training ensures that the SWAT team will be ready to handle a variety of high- risk situaƟons like hostage-rescue situaƟons, acƟve shooter scenarios, high-risk search warrants, and armed barricaded suspects.

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

Because the riﬂe is manufactured to endure both types of ammuniƟon, the riﬂe has a longer lifespan and provides a more cost-eﬀecƟve soluƟon 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. ammuniƟon in the Daniel Defense MK riﬂes.

2. Purposes and Use

The 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. Fiscal Impact

The department ﬁrearms program was iniƟated several years ago. The iniƟal costs for obtaining the equipment are based on 2020 prices:

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

Total approximate costs for the program: $ 62,223

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29 4. Rules

835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situaƟon in light of the parƟcular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objecƟvely reasonable oﬃcer.”

While there is no way to specify the exact amount or type of reasonable force to be applied in any situaƟon, every member of this department is expected to use these guidelines to make such decisions in a professional, imparƟal, 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 substanƟal 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 idenƟfy him/herself as a peace oﬃcer and to warn that deadly force may be used, unless the oﬃcer has objecƟvely reasonable grounds to believe the person is aware of those facts (Penal Code 835a).

If an objecƟvely 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 pracƟcal, oﬃcers should consider their surroundings and any potenƟal risks to bystanders prior to discharging a ﬁrearm (Government Code § 7286(b)).

The use of deadly force is only jusƟﬁed 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/herself, if an objecƟvely reasonable oﬃcer would believe the person does not pose Attachment 1

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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 situaƟon 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 subjecƟve 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 aƩenƟon (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 duƟes without the express wriƩen authorizaƟon 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 recreaƟonal use, any oﬃcer who discharges a ﬁrearm intenƟonally or unintenƟonally, 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, addiƟonal statements and reports shall be made in accordance with the Oﬃcer-Involved ShooƟngs and Deaths Policy. If a ﬁrearm was discharged as a use of force, the involved oﬃcer shall adhere to the addiƟonal reporƟng requirements set forth in the Use of Force/Response to Resistance Policy.

In all other cases, wriƩen reports shall be made as follows:
a. If on-duty at the Ɵme of the incident, the oﬃcer shall ﬁle a wriƩen report with his/her supervisor or provide a recorded statement to invesƟgators prior to the end of shiŌ, unless otherwise directed.
b. If oﬀ-duty at the Ɵme of the incident, the oﬃcer shall submit a wriƩen memo or provide a recorded statement no later than the end of the next regularly scheduled shiŌ, 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 noƟﬁcaƟons 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 allegaƟon of misconduct or excessive force, this will be considered a rouƟne contact in the normal course of duƟes.
b. Ensure that any injured parƟes 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 disƟnctly marked for retenƟon unƟl all potenƟal for civil liƟgaƟon has expired.
d. Once any iniƟal 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 unƟl all potenƟal for civil liƟgaƟon has expired.
e. IdenƟfy any witnesses not already included in related reports. f. Review and approve all related reports.
g. Determine if there is any indicaƟon that the subject may pursue civil liƟgaƟon.

1. If there is an indicaƟon of potenƟal civil liƟgaƟon, the supervisor should complete and route a noƟﬁcaƟon of a potenƟal claim through the appropriate channels.
h. In the event physical force is used, but no Oﬀense Report is required, a memorandum to the Police OperaƟons Team Captain is to be prepared. The following informaƟon is to be included:

1. Type of force;

2. Reason for the force;

3. Extent of injury to the suspect and acƟon taken to provide aid;

4. PerƟnent informaƟon deemed important by the oﬃcer.

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32 i. Evaluate the circumstances surrounding the incident and iniƟate an administraƟve invesƟgaƟon if there is a quesƟon of policy non-compliance or if for any reason further invesƟgaƟon may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported applicaƟon of force, the supervisor is sƟll 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 qualiﬁcaƟon 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 addiƟon 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 qualiﬁcaƟons must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive pracƟcal training designed to simulate ﬁeld situaƟons including low-light shooƟng.

Attachment 1

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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 criƟque of personnel and their performance in the exercise in addiƟon 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 noƟﬁed 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 enƟre physical ﬁtness test. Failure to qualify aŌer a second aƩempt 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 reporƟng 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 qualiﬁcaƟon course. The qualiﬁcaƟon 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 qualiﬁcaƟon course for any specialty weapon issued to, or used by, the team member during SWAT operaƟons.

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 uƟlize the specialty weapon on SWAT operaƟons unƟl 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 parƟcular 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 recommendaƟons.

Attachment 1

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35 SUNNYVALE DPS – AB 481
Sunnyvale DPS SWAT Sniper Riﬄe

1. Project Background and DescripƟon/Expected Lifespan

The Sunnyvale Department of Public Safety (SDPS) SWAT team is a highly trained unit formed to respond to violent tacƟcal situaƟons 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.

Oﬃcers assigned to the Sunnyvale DPS SWAT Sniper team are required to pass rigorous tesƟng and are required to aƩend a CA POST cerƟﬁed 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 operaƟons.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

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

2. Purposes and Use

The purpose of the sniper riﬂe is to provide specially trained Sunnyvale DPS SWAT oﬃcers with the necessary capabiliƟes of engaging threats from a safe distance. All Sunnyvale DPS SWAT oﬃcers uƟlizing these systems are speciﬁcally trained on proper use, funcƟonality, maintenance, and shall qualify bi-yearly in accordance with Sunnyvale Lexipol policy.

3. Fiscal Impact

The department sniper team program was iniƟated several years ago. The iniƟal costs for obtaining the equipment are based on 2020 prices:

Accuracy InternaƟonal: Price: $10,000 Qty: 4 Total: $40,000 JP Enterprise: Price: $6,500 Qty: 2 Total: $13,000 AmmuniƟon (.308 cal.) Qty: UƟlize approx. 4000 rounds per year Total: $5,200 Total approximate costs for the program: $58,200

Attachment 1

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36 4. Rules

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

Attachment 1

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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 objecƟvely 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 situaƟon that warrants the use of ﬁrearm shall make a verbal report to his/her supervisor as soon circumstances permit.

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

Attachment 1

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

A supervisor shall respond to all Use of Force incidents. A supervisor shall ensure that all noƟﬁcaƟons 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 indicaƟon of potenƟal civil liƟgaƟon, the supervisor should complete and route a noƟﬁcaƟon of a potenƟal claim through the appropriate channels.

Attachment 1

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

1. Type of force;

2. Reason for the force;

3. Extent of injury to the suspect and acƟon taken to provide aid;

4. PerƟnent informaƟon deemed important by the oﬃcer.
i. Evaluate the circumstances surrounding the incident and iniƟate an administraƟve invesƟgaƟon if there is a quesƟon of policy non-compliance or if for any reason further invesƟgaƟon 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 cerƟﬁed 40 hours Sniper School and meet the Department’s required qualiﬁcaƟon standards will be authorized to carry the sniper riﬂe weapon systems.

Attachment 1

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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 addiƟon 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 qualiﬁcaƟons must be on an approved range course.

At least annually, all oﬃcers carrying a ﬁrearm should receive pracƟcal training designed to simulate ﬁeld situaƟons including low-light shooƟng.

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 criƟque of personnel and their performance in the exercise in addiƟon 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 noƟﬁed 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 enƟre physical ﬁtness test. Failure to qualify aŌer a second aƩempt 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 reporƟng 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 qualiﬁcaƟon course. The qualiﬁcaƟon 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 qualiﬁcaƟon course for any specialty weapon issued to, or used by, the team member during SWAT operaƟons.

Attachment 1

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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 parƟcular 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.

Attachment 1

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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 recommendaƟons.

Attachment 1

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43 SUNNYVALE DPS – AB 481
Reconnaissance Robots

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

Due to the threat level of such incidents, any tool the SWAT team can uƟlize to come to a peaceful resoluƟon is vital to the overall safety of the public, suspects, and oﬃcers. A reconnaissance robot is an eﬀecƟve tool in gathering informaƟon about a scene without exposing oﬃcers to physical confrontaƟon with dangerous subjects.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

The two reconnaissance robots uƟlized by the Sunnyvale Department of Public Safety have no oﬀensive capabiliƟes. They are used for informaƟon gathering only. The robots have an expected lifespan of approximately 5 years.

2. Purposes and Use
In police tacƟcal operaƟons a robot can provide real-Ɵme reconnaissance during operaƟons involving high-risk warrants, barricaded suspects and hostage rescues.  A reconnaissance robot is an eﬀecƟve tool in gathering informaƟon about a scene without exposing oﬃcers to physical confrontaƟon 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 uƟlized by the Sunnyvale SWAT team and the Sunnyvale Fire HAZMAT team to enter hazardous locaƟons 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 operaƟve’s pocket. It can be quickly and stealthily deployed by tossing it into a locaƟon 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 operaƟve 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 rouƟne 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 OperaƟonal procedures should be generally paƩerned aŌer the NaƟonal TacƟcal Oﬃcers AssociaƟon Suggested SWAT Best PracƟces. Because such procedures are speciﬁc to SWAT/CNT/TMT members and will outline tacƟcal and oﬃcer safety issues, they are not included within this policy. OperaƟonal procedures should include, at minimum, the following:

1. Designated personnel responsible for developing an operaƟonal or tacƟcal plan prior to, and/or during SWAT operaƟons (Ɵme permiƫng).
a. All SWAT team members should have an understanding of operaƟonal planning. b. SWAT team training should consider planning for both spontaneous and planned events.
c. SWAT teams should incorporate medical emergency conƟngency planning as part of the SWAT operaƟonal plan.

2. Designated personnel responsible for developing an operaƟonal / medical plan prior to, and/or during TMT operaƟons (Ɵme permiƫng).
a. All TMT members should have an understanding of operaƟonal/medical planning. b. TMT training should consider planning for both spontaneous and planned events.

3. Mission brieﬁngs conducted prior to an operaƟon, unless circumstances require immediate deployment. On scene mission briefs should be conducted as soon as pracƟcal in immediate deployment situaƟons.
a. When possible, brieﬁngs should include the specialized units and supporƟng resources.

4. Protocols for a sustained operaƟon which may include relief, rotaƟon of personnel and augmentaƟon of resources.

Attachment 1

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45 5. A generic checklist, to be worked through during pre planned events, prior to iniƟaƟng a tacƟcal acƟon as a means of conducƟng a threat assessment to determine the appropriate response and resources necessary, including the use of SWAT.

6. The appropriate role for a trained negoƟator.

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 alternaƟves being reviewed in accordance with risk/beneﬁt criteria prior to selecƟng the method of response.

9. Post incident scene management including:
a. DocumentaƟon of the incident.
b. TransiƟon to invesƟgaƟons and/or other units.
c. Debrieﬁng aŌer deployment of the SWAT team.

1. AŌer-acƟon team debrieﬁng provides evaluaƟon and analysis of criƟcal incidents and aﬀords the opportunity for individual and team assessments, helps to idenƟfy training needs, and reinforces sound risk management pracƟces.

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 unƟl involved oﬃcers have had the opportunity to individually complete necessary reports or provide formal statements.

10. StandardizaƟon 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 acƟvaƟon 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 situaƟon that could enhance the ability to preserve life, maintain social order, and ensure the protecƟon 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 noƟfy the SWAT/CNT Commander. If unavailable, a team supervisor shall be Attachment 1

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46 noƟﬁed. A current mobilizaƟon list shall be maintained by CommunicaƟons Unit staﬀ. The Lieutenant will then noƟfy the Police Services Captain as soon as pracƟcal.

The Lieutenant or designee should provide the SWAT Commander with as much of the following informaƟon as available at the Ɵme:
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 aƩempted suicide.
f. The locaƟon 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 criƟcal to the immediate situaƟon and whether the suspect has refused an order to surrender.

The SWAT Commander, Captain or supervisor shall then iniƟate the SWAT call-out procedures. A current mobilizaƟon list shall be maintained by CommunicaƟons 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 tacƟcal operaƟons and the use of robots for intelligence gathering during their P .O.S.T. CerƟﬁed Basic 80-hour SWAT School. SWAT team members also parƟcipate in monthly SWAT scenario based training .

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

SUNNYVALE DPS LEXIPOL POLICY 406.3.3 SUPERVISION AND MANAGEMENT TRAINING Attachment 1

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47 Command and execuƟve personnel are encouraged to aƩend training for managing the SWAT funcƟon at the organizaƟonal level to ensure personnel who provide acƟve oversight at the scene of SWAT operaƟons understand the purpose and capabiliƟes 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.

Such documentaƟon 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 documentaƟon and records of all team training. The supervising Lieutenant(s) of each respecƟve team is responsible for ensuring training records are updated monthly.

Attachment 1

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48 SUNNYVALE DPS – AB 481
Tear Gas
Overview

1. Project Background and DescripƟon/Expected Lifespan
Chemical agent muniƟons, 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 parƟcles. These parƟcles cause irritaƟon and/or inﬂammaƟon and are non-lethal.

CS is an irritaƟng 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 reacƟons 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 inﬂammaƟon (subsides in approximately 2 minutes).

DecontaminaƟon for both CS and OC is fresh air and cool, clean water.

The chemical agent muniƟons 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 mulƟple types of muniƟons 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 mulƟple muniƟons also allows oﬃcers to control the amount (in grams) of chemical agent used during a deployment.

Our inventory of chemical agent muniƟons 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) DeŌech 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 alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

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

2. Purposes and Use
Chemical agent “tear gas” muniƟons are used as a non-lethal opƟon in a potenƟally violent encounter during rioƟng crowds or barricaded suspects. The proper use of chemical agents provides for a de-escalaƟon tool used to avoid further injuries or to avoid using lethal opƟons on a suspect.

3. Fiscal Impact
The Sunnyvale DPS SWAT team has three (3) personnel who are qualiﬁed by the California AssociaƟon of TacƟcal Oﬃcer’s / CA-POST Chemical Agent Instructor program in San Diego, California. Based on the instrucƟon received and best-pracƟces 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 muniƟons 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) DeŌech Fogger Aerosol (OC) (Expires 5-years) Inventory: 10 ($450) 10) Specially modiﬁed SWAT shotgun – Inventory 2 ($2,000)

The esƟmated annual costs to maintain and replenish the chemical agent “tear gas” inventory is approximately $1,500. On an approximate ﬁve (5) year cycle, the muniƟons expire and require replacement. The approximate cost of replacing the enƟre inventory at expiraƟon is $6,488.

4. Rules
835a PC dictates that oﬃcers who use deadly force shall “… evaluate each situaƟon in light of the parƟcular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objecƟvely reasonable oﬃcer.” Other available resources include de-escalaƟon 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 and when not to use chemical agents during assemblies, protests, and/or demonstraƟons.

Attachment 1

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50 The Sunnyvale Department of Public Safety Special Weapons and TacƟcs Team (SWAT) is responsible for the storage, inventory, training, and use of chemical agents. The Sunnyvale SWAT uƟlizes the LCT50 formula (cu. Ō. / 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 aŌer evaluaƟng all condiƟons known at the Ɵme and determining that such force reasonably appears jusƟﬁed and necessary.

When pracƟcable, 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 evacuaƟon if needed.

SUNNYVALE DPS LEXIPOL POLICY 302.7.3 Treatment for OC Spray Exposure:

SUNNYVALE DPS LEXIPOL POLICY 302.8 Post ApplicaƟon NoƟce:

InformaƟon regarding the method of noƟce and the individuals noƟﬁed should be included in related reports.

SUNNYVALE DPS LEXIPOL POLICY 302.9 KineƟc Energy ProjecƟle Guidelines:

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51 SUNNYVALE DPS LEXIPOL POLICY 302.9.1 Deployment and Use:

SUNNYVALE DPS LEXIPOL POLICY 302.9.2 Deployment ConsideraƟons:

A verbal warning of the intended use of the device should precede its applicaƟon unless it would otherwise endanger the safety of oﬃcers or when it is not pracƟcable 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.

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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 intenƟonally 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 kineƟc energy projecƟles will be specially marked in a manner that makes them readily idenƟﬁable as such.

Oﬃcers will inspect the shotgun and projecƟles as needed to ensure that the shotgun is in proper working order and the projecƟles 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 kineƟc energy projecƟle shotgun, the oﬃcer shall visually inspect the kineƟc energy projecƟles to ensure that convenƟonal ammuniƟon is not being loaded into the shotgun.

Absent compelling circumstances, oﬃcers who must transiƟon from convenƟonal ammuniƟon to kineƟc energy projecƟles 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 empƟed of convenƟonal ammuniƟon.

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

S.W.A.T. Team personnel who have completed a POST CerƟﬁed 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 aŌer 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 respecƟve delivery systems.

The Cadre shall be responsible for inventorying and updaƟng deployable Chemical Agent muniƟons.

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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 cerƟﬁed, control-device weapons or tacƟcs 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 aŌer remedial training, the oﬃcer will be restricted from carrying the control device and may be subject to discipline.

SUNNYVALE DPS LEXIPOL POLICY 302.11 ReporƟng Use of Control Devices and Techniques:

Any applicaƟon 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 documentaƟon shall include the following informaƟon.

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.

AddiƟonally, the Sunnyvale DPS SWAT Team Captain shall ensure all personnel authorized to use chemical agents will be properly trained and cerƟﬁed.

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

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54 SUNNYVALE DPS – AB 481
Unmanned AircraŌ Systems (UAS)

1. Project Background and DescripƟon/Expected Lifespan
Small Unmanned AircraŌ 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 organizaƟons 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 situaƟons, locate survivors, and send data about their whereabouts to responders on the ground.

Any use of a UAS will be in strict accordance with consƟtuƟonal and privacy rights and Federal AviaƟon AdministraƟon (FAA) regulaƟons. Safety, above all else, is the primary concern in every operaƟon, regardless of the nature of the mission.

This equipment is necessary because there is no reasonable alternaƟve that can achieve the same objecƟve of oﬃcer and civilian safety.

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

2. Purposes and Use
The UAS uƟlized by the Sunnyvale Department of Public Safety are used to assist in search and rescue missions, ﬁre invesƟgaƟons, HAZMAT response, barricaded suspects, hostage situaƟons and other high-risk tacƟcal operaƟons to reduce risk to department personnel, suspects and community members.

3. Fiscal Impact
The Sunnyvale Department of Public Safety UAS program was iniƟally funded by a grant funding.

The Sunnyvale Department of Public Safety currently uƟlizes two UAS plaƞorms:

DJI Matrice 210: This UAS is a large plaƞorm ouƞiƩed with several high-resoluƟon cameras and thermal imaging cameras. The DJI Matrice 210 has a longer ﬂight Ɵme and is used for planned operaƟons.

DJI Mavic 2 Enterprise: This UAS is a smaller, foldable, portable plaƞorm ouƞiƩed with limited cameras. The DJI Mavic 2 Enterprise is commonly used to gain access into smaller locaƟons (i.e., indoors) or for unplanned rapid deployments.

Brinc Lemur: This UAS is a smaller, foldable, portable plaƞorm ouƞiƩed with limited cameras.

The Lemur is commonly used to gain access into smaller locaƟons (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 rouƟne 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 potenƟal privacy consideraƟons and is commiƩed to using UAS in a manner that respects privacy rights. UAS operators and observers will consider ciƟzens’ civil rights and reasonable expectaƟons 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 operaƟons of the UAS appropriately balance operaƟonal needs with maintaining public privacy and freedom from intrusion. To ensure that legiƟmate privacy consideraƟons are observed, UAS operators and observers will:
a. Absent a warrant or exigent circumstances, adhere to FAA alƟtude regulaƟons and shall not intenƟonally record or transmit images of any locaƟon where a person would have a reasonable expectaƟon of privacy (e.g., residence, yard, enclosure). b. Take reasonable precauƟons to avoid inadvertently recording or transmiƫng images of areas where there is a reasonable expectaƟon 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 sƟll images of uninvolved persons.
d. Maintain all video and sƟll images in strict compliance with State law and Sunnyvale DPS policies and procedures.
e. Operate strictly within the law and regulaƟons 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 permiƩed 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 InvesƟgaƟons
c. HAZMAT response
d. Barricaded Suspects, Hostage SituaƟons and other high-risk TacƟcal OperaƟons to reduce risk to department personnel, suspects and community members. e. Disaster Response (i.e. ﬂood, earthquake)
f. Video/Photograph documentaƟon of Crime Scenes
g. Training Flights as required to meet FAA and Department cerƟﬁcaƟon 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 acƟviƟes.
 To target a person based solely on actual or perceived characterisƟcs, such as race, ethnicity, naƟonal origin, religion, sex, sexual orientaƟon, gender idenƟty or expression, economic status, age, cultural group, or disability.
 To harass, inƟmidate, 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. IniƟal requests to use the UAS will be screened by a Patrol Lieutenant. If unavailable, a Team Captain or B/C shall be noƟﬁed. 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 capabiliƟes of the UAS equipment and personnel?

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

3. Can the UAS be deployed safely given current weather condiƟons?

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 informaƟon 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 informaƟon.

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57 c. The UAS pilot will contact a cerƟﬁed 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 transporƟng the UAS and all required equipment.
d. Upon arriving at the requested locaƟon, 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 determinaƟon 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 direcƟves, they will inform the Incident Commander of the potenƟal conﬂict along with recommendaƟons 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 direcƟon on how to proceed. As soon as possible aŌer the compleƟon 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 discreƟon for declaring safety or violaƟon of FAA rules. If UAS operators determine that a requested mission would violate FAA rules or endanger civilians, the UAS pilot will respecƞully 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 potenƟally 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 operaƟons.

SUNNYVALE DPS LEXIPOL POLICY 357.19 DOCUMENTATION AND EVIDENCE a. Prior to every ﬂight, a ﬂight log shall be iniƟated for documentaƟon. b. InspecƟon and weather will be documented prior to ﬂight within the log book. c. AŌer each ﬂight, the operator will complete a statement documenƟng the UAS operaƟons.
d. AŌer each deployment, video obtained by the UAS OperaƟon will be submiƩed to evidence in accordance with Department policies and procedures. e. Aerial photography (sƟll 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 wriƟng any supporƟng documentaƟon 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 capabiliƟes, 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 selecƟon to the collateral assignment of UAS Operator, new members shall acquire an FAA Remote Pilot CerƟﬁcate, or higher.
b. Observers must have completed suﬃcient training to communicate to the pilot any instrucƟons required to remain clear of conﬂicƟng traﬃc. This training, at a minimum, shall include knowledge of the rules and responsibiliƟes described in 14 CFR 91.111, OperaƟng Near Other AircraŌ; 14 CFR 91.113, Right-of-Way Rules: Except Water OperaƟons; and 14 CFR 91.155, Basic VFR Weather Minimums; knowledge of air traﬃc and radio communicaƟons, including the use of approved ATC/pilot phraseology; and knowledge of appropriate secƟons of the AeronauƟcal InformaƟon Manual. c. Before a member can be authorized to conduct ﬂight operaƟons 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 aƩend regular training. Training will be coordinated through the Program Coordinator. b. All members in the assignment shall maintain proﬁciency in their pilot/observer abiliƟes. Members who do not have any documented training or ﬂight Ɵme 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 piloƟng/observer skills but includes knowledge of all perƟnent UAS/aviaƟon maƩers.
d. Failure to demonstrate proﬁciency can result in removal from UAS responsibiliƟes.

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 conjuncƟon 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 perƟnent informaƟon.

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

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59  Ensuring that policies and procedures conform to current laws, regulaƟons and best pracƟces.
 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 addiƟonal responsibiliƟes:
 CoordinaƟng the FAA CerƟﬁcate of Waiver or AuthorizaƟon (COA) applicaƟon process and ensuring that the COA is current.
 Maintaining contact with the FAA and familiarity with perƟnent FAA regulaƟons.  Ensuring that all authorized operators and required observers have completed all required FAA and Department approved training in the operaƟon, applicable laws, policies and procedures regarding use of the UAS.
 Developing a UAS inspecƟon, maintenance and record-keeping protocol to ensure conƟnuing airworthiness of a UAS, up to and including its overhaul or life limits.  FacilitaƟng law enforcement access to images and data captured by the UAS.  Recommending program enhancements, parƟcularly regarding safety and informaƟon 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 recommendaƟons.

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60 SecƟon 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 quanƟty of unmanned aerial systems, commonly referred to as drones from two to three devices (RTC 22-0991).

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

FY 2022/23 and 2023/24 Military Equipment Purchases
Military
Equipment
Qty Cost Date of
Purchase
Funding Source Purchase
Type
Brinc Lemur
(UAS)
1 $ 19,241 1/27/2023 Supplemental Law
Enforcement
Services (SLES) Funds
New –
approved by
Council
RTC 22-091
Daniel Defense
MK18 10.3”
3 $8,975.80 10/4/2023 OperaƟng Budget Like for like /
Replacement
schedule
NFDDs CTS
7290M
86 $5,419.08 12/4/2023 OperaƟng Budget Like for like /
Inventory
replacement

SecƟon 2: Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause quesƟons and/or concerns for members of the community. It is vitally important that community members’ quesƟons 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 commiƩed to full and fair invesƟgaƟons of community complaints. As such, the Department has sound internal procedures for thorough and imparƟal invesƟgaƟons of community complaints. Resolving complaints in a fair, imparƟal, and expediƟous manner will ensure the consistent high level of integrity and eﬃciency maintained by the Department.

In March of 2023, the Sunnyvale Department of Public Safety published its Military Equipment Funding, Use and AcquisiƟon 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 2023.

Community Concerns Community Complaints SDPS Internal InvesƟgaƟons 0 0 0

SecƟon 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 2023/2024, two (2) internal inventories of the Department’s military equipment were completed. The ﬁrst inventory was completed in Spring 2023, which idenƟﬁed all of the Department’s military equipment in preparaƟon to fulﬁll the obligaƟons set by Assembly Bill 481.

The Department added one Brinc drone to its inventory in January 2023 (see Equipment Purchases, above). The second inventory was completed in Winter 2024. Staﬀ focused on current military equipment inventory and projected the military equipment needs for 2024 (see Projected Military Equipment AcquisiƟon for further informaƟon).

An audit of the use of military equipment was completed by the SWAT Captain. This audit focused on the use of military equipment during criƟcal 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.

SecƟon 4: Relinquished Military Equipment (2023)
Name Caliber / Ammo QuanƟty Date
N/A

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62 SecƟon 5: Projected Military Equipment AcquisiƟon
(2024)
For 2024 (January- December), the Sunnyvale Department of Public Safety projects the purchase of the following pieces of equipment.

AmmuniƟon and ﬂashbang diversionary devices to replenish inventory due to training and criƟcal incident use. AddiƟonally, the purchase of ten (10) NFDDs for use in the InvesƟgaƟons Bureau assigned to the Community Crime Unit (CCU). The esƟmated purchase price of this equipment is approximately $4,839.16.

The purchase of two (2) Drone Matrice 30T is being proposed to replace the damaged and outdated Matrice 210. On September 22, 2023, while searching for a missing-at-risk elderly adult in Sunnyvale, the Matrice 210 was damaged beyond repair and is no longer manufactured.

DPS has determined that the Matrice 30T drone is more eﬃcient and cost eﬀecƟve. The ﬂight controls and cerƟﬁcaƟons are the same. The longer ﬂight-Ɵme, long distance zoom camera, thermal imaging, GPS capabiliƟes, and ability to ﬂy in the rain, would make the Matrice 30T drone ideal for high-risk emergency operaƟons, operaƟons in the Fire Service, and scene mapping and documentaƟon of major incidents like traﬃc fataliƟes or large ﬁres. The replacement cost of the old drone would allow for the purchase of two Matrice 210 drones (approximately $10, 587/each). No new expenditures are required as the previous drone was insured and the cost will be covered by the repayment.

Less Lethal Launcher, 36 news units, are to be assigned to Patrol Units, SWAT Team, and spares.

The Less Lethal Launcher is a criƟcal piece of less-lethal equipment used to expand the department’s capability in responding to situaƟons where oﬃcers face non-lethal situaƟons during which subjects are not complying with orders/direcƟons.

Colt Defense LE6946 CQB Riﬂes on replacement schedule. Assigned to the SWAT Team and at end-of-life usage.

Surgeon Sniper Riﬂes .308 on replacement schedule. Assigned to the SWAT Team and at end-of- life usage.

Avator lll Robot on replacement schedule. Assigned to the SWAT Team and at the end-of-life usage.

The operaƟng costs of this equipment, which includes acquisiƟon, personnel Ɵme, training faciliƟes, transportaƟon/storage of equipment, equipment upgrades and other ongoing costs is budgeted within the Department’s approved operaƟng budget for FY23/24 and FY24/25.

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63 AmmuniƟon, projecƟles, cartridges, baƩeries, 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.

SecƟon 6: Fiscal Impact for 2024
Sunnyvale Department of Public Safety is budgeted for 201 sworn oﬃcers, 7 Community Service Oﬃcers (CSOs), 20 dispatchers, and 61 professional staﬀ. The operaƟng budget for the department for the 2023-2024 ﬁscal year is $95,946,566.

The City of Sunnyvale adopts an operaƟng budget on ﬁscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in April of 2023 by the City of Sunnyvale City Council. The cost of equipment and expenditures is reﬂected in this report for January 2023 to December 2023 pursuant to Assembly Bill 481.

During this reporƟng period, Sunnyvale Department of Public Safety spent approximately $40,223 for equipment training speciﬁed in AB481. The total expenditures represent 0.00041% of Sunnyvale Department of Public Safety’s operaƟonal budget.

Military Equipment Projected Purchase Amount Projected Purchase Price Noise Flash Diversionary
Device (NFDD) SWAT
111 Devices (Replenish) $5,550.00
Noise Flash Diversionary
Device (NFDD) CCU
10 Devices (New Purchase) $500.00
Matrice 30T Drones 2 Devices (Replacement) $10,587 (x2) Insured Less Lethal Launcher 36 Devices (New Purchase) $80,000.00 Cold Defense LE6946CQB 3 Riﬂes (Replacement
Schedule)
$3,644.00
Surgeon Sniper Riﬂes 4 Riﬂes (Replacement
Schedule)
$41,148.00
Avator lll Robot 1 (Replacement Schedule) $50,000.00
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64 $95,946,566
$40,223
Military Equipment
Fiscal Budget Equipment Training
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65 2023 Armored Personnel Vehicle UƟlized
Case / EV# Date Equipment Used Reason
SV23-
1380172
05/18/23 Armored Personnel
Vehicle
Search Warrant 900 blk Linden
Ave.

SV23-
1420052
05/22/23 Armored Personnel
Vehicle
VPOTUS OperaƟon 974 East Arques

SV23-
1740079
06/23/23 Armored Personnel
Vehicle
Mutual Aid- Barricaded Suspect
100 blk of Highland, San MarƟn
SV23-
0900117
07/23/23 Armored Personnel
Vehicle
Mutual Aid-Barricaded Suspect
1400 blk of Don Ave., Santa Clara
SV23-
2690114
09/26/23 Armored Personnel
Vehicle
Mutual Aid-Barricaded Suspect
2000 blk of Clark Ave., Santa Clara
SV23-
2710021
09/28/23 Armored Personnel
Vehicle
Search Warrant /Arrest Warrant
ShooƟng Suspect 800 blk of Acacia,
Modesto, CA
SV23-
2890040
10/16/23 Armored Personnel
Vehicle
Murder Suspect (1700 blk of
Karameos Drive) Barricaded in
Stevens Canyon, CuperƟno. SCCSO
SV23-PAPD

11/21/23 Armored Personnel
Vehicle
Mutual Aid-Arrest Warrant /Search
Warrant-Palo Alto PD
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66 SV23-
3460137
12/21/23 Armored Personnel
Vehicle
Mutual Aid-Barricaded Suspect,
29000 blk of Bryant St., Palo Alto

2023 SWAT EQUIPMENT DEPLOYED
Case / EV# Date Equipment Used Reason
SV23-
0180045
01/18/23 Noise Flash Divisionary
Device (NFDD)
100 blk of Crescent Ave., Human
Traﬃcking / Search Warrant
SV23-
2710021
09/28/23 Noise Flash Divisionary
Device (NFDD)
Search Warrant / Arrest Warrant
ShooƟng Suspect 800 blk of
Acacia, Modesto, CA
SV23-
2890040
10/16/23 Noise Flash Divisionary
Device (NFDD)
Murder Suspect (1700 blk of
Karameos Drive) Barricaded in
Stevens Canyon, CuperƟno. SCCSO

2023 Unmanned AircraŌ Systems (UAS) UƟlized
Date Time LocaƟon Purpose
01/19/2023 2132hrs 121 W. Evelyn Ave. Search for ﬂeeing suspect from enforcement stop
02/01/2023 1030hrs 1210 Bordeaux Drive Training Flight
02/22/2023 2047hrs 1255 Cortez Drive ArƟcle search
03/07/2023 1203 hrs 314 Roosevelt Warrant service
Attachment 1

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67 03/24/2023 1445hrs Remington/Michelangelo Aerial imagery/Collision InvesƟgaƟon
03/24/2023 1900hrs 900 Mockingbird Lane Assist DPW with mudslide 04/03/2023 1400hrs 969 E. Caribbean Drive Training Flight 04/04/2023 1300hrs 795 E. Arques Ave Training Flights
04/04/2023 1600hrs 1565 Quail Avenue Training Flight
04/04/2023 1900hrs 550 E. Remington Drive Training Flight 04/18/2023 2307hrs 300 W. Caribbean Search for Burglary Suspects 04/23/2023 1345hrs Fair Oaks @ Taylor Aerial imagery for collision invesƟgaƟon
04/28/2023 0830hrs 795 E. Arques Ave Training Flight
05/01/2023 2235hrs 638 Bernal Drive Search for evidence 05/03/2023 1416hrs 150 Lawrence StaƟon Rd MAIT Vehicle Collision Photographs
05/04/2023 1300hrs 11648 Clayton Rd., San
Jose
Search for sexual assault suspect
05/16/2023 1100hrs 12120 Bordeaux Drive Training Flight 05/19/2023 1200hrs 940 Linden Ave Search Warrant
05/22/2023 0615hrs 636 N. Mathilda Ave Clear commercial burglary scene 05/24/2023 0530 Lochridge Dr., San Jose Mutual Aid / Warrant service Attachment 1

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68 06/23/2023 1200hrs 12230 Columbet Ave.,
San Jose
Mutual Aid / Warrant service
07/19/2023 1205hrs 806 Muender Ave Search for human traﬃcking suspects
07/28/2023 1603hrs 1495 Don Ave., Santa
Clara
Mutual Aid for SWAT operaƟon
07/30/2023 0500hrs 215 E. Washington Crime Scene / Evidence documentaƟon
09/26/2023 1300 hrs ECR @ Maria MAIT InvesƟgaƟon
10/05/2023 1200hrs 1200 blk Morningside Warrant service 10/06/2023 1300hrs 300 blk Jackson Ave Welfare Check
10/24/2023 0155hrs Lippert Pl @ Homestead
Rd, Santa Clara
Mutual Aid for ﬂeeing suspect
10/27/2023 1350hrs 710 Lakeway Drive Subject with a weapon 11/17/2023 0945hrs Kimberly / Karameos Dr ResidenƟal Burglary 12/21/2023 1200hrs 10 W. Trimble Ave., San
Jose
Mutual Aid / High Risk Patrol
OperaƟon

Attachment 1

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69 SUNNYVALE DPS – AB 481
Military Equipment List

Name of
Equipment Number of Equipment DescripƟon
AmmuniƟon
(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 Ō. detonaƟon cord, 200
detonators, 50 blasƟng caps
3000 Ō. detonaƟon cord, 200
detonators, 50 blasƟng 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
UAS 2
DJI Mavic 2/DJI Matrice 210
drone N/A
UAS 1 Lemur UAS N/A
Attachment 1

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70 Conclusion
This Annual Military Equipment Report reaﬃrms the Sunnyvale Department of Public Safety’s commitment to providing transparency and informaƟon to our communiƟes and elected oﬃcials in addiƟon to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Sunnyvale Department of Public Safety Oﬃcers to beƩer serve and protect Sunnyvale, enhance the safety of oﬃcers and community and bring criƟcal incidents to a safe resoluƟon.

Attachment 1

Page 70 of 70 ends

Sunnyvale City CouncilMay 21, 2024

Sunnyvale City Council
May 21, 2024