Policy Union City Police Department
709 Union City PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the Union City Police Department. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body - The City of Union City's elected City Council.
Military equipment -Defined by Government Code § 7070 (c) as including but not being limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, specifically excluding unarmored all-terrain vehicles (ATVs) and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LADs).
• Kinetic energy weapons and munitions.
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Union City PD Policy Manual
Military Equipment
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Union City Police Department that members of this department comply with the provisions of Government Code §§ 7070-7072 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Professional Standards Lieutenant ("PSU Lieutenant"), or designee shall act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the military equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Union City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Ensuring this policy is posted on our city website at least thirty (30) days prior to any public hearing concerning the military equipment at issue and for as long a ne equipment is made for use, and includes directions explaining how a communit member may submit a question or concern about the use of a type of military equipment, and how the Department will respond in a timely manner. (h) Ensuring compliance with the military equipment use policy and managing investigations / accountability in the event there are suspected violations of this policy.
If applicable, the PSU Lieutenant shall ensure legally enforceable sanctions are put in place for violations of the policy.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: UCPD Military Equipment.pdf
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Military Equipment
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any department member or other law enforcement agency engaged in a collaborative effort with the department within this jurisdiction unless the military equipment is approved for use in accordance with this policy. Outside agencies providing mutual aid in Union City or otherwise independently engaged in law enforcement operations within Union City, shall comply with their respective departmental policies. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
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Military Equipment
709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. A virtual community engagement meeting can be used to meet this requirement in the event an in-person venue is not ideal. 709.8.1 COMMUNITY FEEDBACK AND QUESTIONS
Pursuant to California Government Code §7070(d)(7), members of the public may submit complaints, concerns, or questions regarding this policy in the following ways:
(a) In person at the Union City Police Station
(b) By email: [email protected]
(c) Through the following website: https://www.unioncity.org/357/File-a-Compliment-or-a- Complaint
(d) By phone: (510) 471-1365
(e) By USPS mail sent to:
Union City Police Department
Attn: Professional Standards Unit
34009 Alvarado Niles Road
Union City, CA 94587
The Union City Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. 709.9 CITY COUNCIL APPROVAL
Pursuant to California Government Code § 7071, the Union City City Council approved this Policy pursuant to Ordinance No. 2.62, "Military Equipment Use Policy" on June 14, 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council. 709.10 REVISIONS
Adopted: April 13, 2022
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