City Council Agenda Report
Meeting Date: June 18, 2024
From: Robert Sousa, Chief of Police
Department: Police
Submitted by: Nicholas Perez, Lieutenant - Administrative Division Subject
2024 Military Equipment Use Policy Ordinance and Annual Report Recommendation
A. Review and approve the 2024 Military Equipment Report; and B. Renew Ordinance No. 1282, approving the Police Department’s military equipment funding, acquisition, and use policy.
Background
Assembly Bill No. 481 (AB 481) was signed by Governor Newsom on September 30, 2021, and became effective on January 1, 2022, adding California Government Code sections 7070-7075 related to the funding, acquisition, and use of military equipment by local law enforcement agencies. In compliance with AB 481, the Vernon Police Department (Department) developed a military equipment use policy and accompanying equipment inventory. On June 21, 2022, the City Council adopted Ordinance No. 1282, adding Chapter 9.06 to Title 9 (Public Peace and Welfare) to the Vernon Municipal Code and approved the Military Equipment Use Policy (Policy) pursuant to AB 481.
On an annual basis after adoption of the Policy, AB 481, requires police agencies to publish a military equipment report on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the Report, a well-publicized community engagement meeting must be held to allow for public comments.
In compliance with the annual requirements set forth in AB 481, the Department completed its 2024 Military Equipment Annual Report. The Policy and Report were posted on the Department’s website on May 30, 2024, and made available for public review through placement as an agenda item at the June 18, 2024 regular City Council meeting. At this public meeting, the Department is prepared to provide information summarizing the annual Report and Policy update and provide an opportunity for public comment and questions. Notice to the public was posted on the City’s website and publicized by the Department and City via agency social media accounts.
AB 481 further requires the City Council, at least annually, to review Ordinance No. 1282 – Military Equipment Use Policy. The City Council may renew or not renew the ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy.
Complaints or Concerns: There were no annual complaints or concerns reported on the use of the equipment in this Policy.
Internal Audit: The Department conducted an internal audit and determined that there were no violations of the Policy.
Purchase of Additional Equipment: The Department purchased an Unmanned Aircraft System (UAS) in FY 2024 subject to the City Council’s approval of its use. The use of a UAS aids in the active investigation of a criminal offense, or other calls where an aerial view of an incident can help preserve life and/or property. Furthermore, a UAS can help personnel determine the best tools, tactics, and resources to safely mitigate a problem. The UAS has been included in the Annual Report.
The Department is committed to transparency, public trust, and compliance with legal requirements in all of its operations. Without City Council approval of a Military Equipment Use Policy, the Department’s ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public safety and the City’s risk exposure.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Assembly Bill 481
2. Ordinance No. 1282
3. VPD Military Equipment Policy
4. 2024 VPD Annual Military Equipment Report