Military Equipment Inventory Attachment
_____________________________________________________________________________________ g. Legal and Procedural Rules:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
4. Section 10 – Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:
Daniel Defense V3 Semi-Auto Rifle .308 cal. Cost: $0 each (retained for Department use from Evidence Unit). Quantity: 1. The rifle is a semi-automatic .308 caliber rifle used by the Special Response Unit sniper team.
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use:
Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.
d. Expected Lifespan:
15 years
e. Fiscal Impact:
Annual maintenance cost of approximately $100 per rifle. $100. f. Training:
Officers must complete a CA POST certified 16-hour patrol rifle course and semi-annual department firearms training and qualifications as required by law and policy. WPD provides a 20-hour POST certified training.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
5. Section 10 – Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:
Hornady 308 168gr AMAX TAP 20 250. Cost: $19.50 x box of 20. Quantity: 1200. The 168 gr. A-MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A-MAX® bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.
b. Purpose:
To be used with precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
d. Expected Lifespan:
No expiration date.
e. Fiscal Impact:
No annual maintenance cost. Replacement cost for training is about $640 each year. f. Training:
Officers must complete a CA POST certified 16-hour patrol rifle course and semi-annual department firearms training and qualifications as required by law and policy. WPD provides a 20-hour POST certified training.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
6. Section 10 – Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:
Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition. Cost:
$69.99 x box of 20. Quantity: 300. Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions. b. Purpose:
To be used with precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible c. Authorized Use:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force
d. Expected Lifespan:
No expiration date.
e. Fiscal Impact:
No annual maintenance cost. Replacement cost for training is about $280 each year.
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ f. Training:
Officers must complete a CA POST certified 16-hour patrol rifle course and semi-annual department firearms training and qualifications as required by law and policy. WPD provides a 20-hour POST certified training.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy 300. It is the policy of this agency to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
7. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles a. Description, quantity, capabilities, and purchase cost:
Remington 870, pump action shotgun. Cost: $454. Quantity: 2. This shotgun deploys a frangible 12-gauge round. The Remington Model 870 Pump Shotgun is a reliable 12- gauge with double-action bars for smooth pump operation. A steel-lined/grooved foreend provides a stronger grip, while the Flexitab feeding system provides positive and easier cycling.
b. Purpose:
These are used to quickly dislodge hinges from doors / frames during critical incidents in order to gain entry and provide tactical advantage
c. Authorized Use:
Circumstances justifying the use of the breaching shotgun may include, but not be limited to:
• Barricaded subject and/or hostage situations
• High-risk warrant services
• Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
25 years
e. Fiscal Impact:
No yearly maintenance is required. Replacement cost would be the only fiscal impact. f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force, including the Fourth Amendment of the U.S.
Constitution.
8. Section 11 – Firearm or firearm accessory that is designated to launch explosive projectiles a. Description, quantity, capabilities, and purchase cost:
Combined Systems Technology Launching cup. Cost $180 per cup, quantity: 2. Designed for 5200 series grenades. Cups can be attached to any 12-gauge shotgun and the munition launched with our model 2600 launching cartridge.
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable
c. Authorized Use:
Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. d. Expected Lifespan:
5 Years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. On average about $360 each year.
f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.
9. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. Description, quantity, capabilities, and purchase cost:
BP2 NFDD (Non-Firing Distraction Device) Straight Delivery Pole with Clamp Head Delivery. Cost: $1050. Quantity: 1
b. Purpose
The Pole allows a diversionary device to be mounted to it allowing department members to breach door handles from a relatively safe distance. c. Authorized Use:
Circumstances justifying the use of BP2 NFDD may include, but not be limited to:
• Barricaded subject and/or hostage situations
• High-risk warrant services
• Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
25+ years.
e. Fiscal Impact:
No fiscal impact is anticipated.
f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ law regarding the use of force, including the Fourth Amendment of the U.S.
Constitution.
10. Section 12 – Noise-flash diversionary devices and explosive breaching tools a. Description, quantity, capabilities, and purchase cost:
Defense Technology 11-gram, low roll II, non-reloadable distraction device. Cost:
$48.25 each, Quantity: 44. A Noise Flash Diversionary Device (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area.
b. Purpose:
NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. They produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:
Circumstances justifying the use of flash/sound diversionary devices may include, but not be limited to:
• Barricaded subject and/or hostage situations
• High-risk warrant services
• Discouraging dangerous animals from attacking
• Riotous situations
• Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the influence of alcohol/drugs is believed necessary to facilitate apprehension/custody
• Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
d. Expected Lifespan:
5 years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. On average about $200 each year.
f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 415.
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________
11. Section 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
a. Description, quantity, capabilities, and purchase cost:
Combined Tactical Systems Buffeted Riot CS Smoke. Cost: $33.49 each. Quantity: 19.
The Combined Systems Technology Baffled Riot CS Smoke (Model #5230B) is a pyrotechnic grenade designed for indoor/outdoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. It can be hand thrown or launched. CS (2-Chlorobenzylidene Malononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. d. Expected Lifespan:
5 years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. On average about $100 each year
f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers. Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.
12. Section 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
a. Description, quantity, capabilities, and purchase cost:
Defense Technology Stinger CS Rubber Ball Grenade. Cost: $47.20. Quantity: 6.
Maximum effect device that delivers 4 stimuli for psychological and physiological effects; rubber pellets, light, sound, and CS. CS (2-Chlorobenzylidene Malononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, and department training exercises.
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ c. Authorized Use:
Only SRT members who have received training by certified instructors in the use of chemical agents are authorized to use them. Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.
d. Expected Lifespan:
5 years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers.
Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 300, 415.
13. Section 14 – Projectile Launch Platforms
a. Description, quantity, capabilities, and purchase cost:
Defense Technology 40MM Tactical Single Shot Launcher. Cost: $920.65 each. Quantity:
25. The 40MM launchers are a single shot break-open frame launcher with a fixed stock.
These launchers are used to launch soft foam projectiles and chemical agent projectiles to resolve critical incidents involving barricaded persons. b. Purpose:
The launcher is used to launch soft foam projectiles or chemical agent projectiles during high-risk incidents to resolve the conflict with less lethal measures. The soft foam projectiles can be further used to port windows after chemical agents have been deployed. To reduce the potential for violent confrontations. Projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
c. Authorized Use:
Circumstances appropriate for deployment include, but are not limited to, situations in which:
• The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
• The suspect has made credible threats to harm him/herself or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
• There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. d. Expected Lifespan:
25 years
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ e. Fiscal Impact:
No annual maintenance. Fiscal impact would be for additional devices or replacement. f. Training:
Patrol officers utilizing the 40mm launcher are required to attend a 4-hour certified training course.
g. Legal and Procedural Rules:
Use is established under WPD Policy. It is the policy of this agency to utilize 40mm launchers only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.
14. Section 14 – Projectile Launch Platform and Munition a. Description, quantity, capabilities and purchase cost:
Defense Technology, Exact Impact 40 MM Standard Range Sponge Round. Cost: $26 each. Quantity: 151. This is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel.
The round utilizes smokeless powder as the propellant, and therefore, have velocities that are extremely consistent.
b. Purpose:
The launcher is used to launch soft foam projectiles during high-risk incidents to resolve the conflict with less lethal measures. The soft foam projectiles can be further used to port windows after chemical agents have been deployed. To reduce the potential for violent confrontations. Projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
c. Authorized Use:
Circumstances appropriate for deployment include, but are not limited to, situations in which:
• The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
• The suspect has made credible threats to harm him/herself or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
• There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. d. Expected Lifespan:
5 years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. On average about $200 each year.
f. Training:
Patrol officers utilizing the 40mm launcher are required to attend a 4-hour certified training course.
Attachment 3
Military Equipment Inventory Attachment
_____________________________________________________________________________________ g. Legal and Procedural Rules:
Use is established under WPD Policy. It is the policy of this agency to utilize 40mm launchers only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.
15. Sections 12/14 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. Projectile Launch Platforms.
a. Description, quantity, capabilities and purchase cost:
The Ferret 40mm is filled with a CS powder chemical agent. Cost: $19.66 each Quantity:
15. The frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects. b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
The Ferret round may be used against barricaded suspects based on the circumstances.
Only the Incident Commander may authorize the delivery and use of Ferret rounds, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.
d. Expected Lifespan:
5 years
e. Fiscal Impact:
Annual replacement cost varies based on usage for training and critical incidents. On average about $60 each year.
f. Training:
Special Response Team (SRT) members receive 8-hours of training from certified trainers.
Yearly training and qualifications.
g. Legal and Procedural Rules:
Use is established under WPD’s Policy. It is the policy of this agency to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. WPD Policy 308.
Section Two: Qualifying Equipment to be procured by the Watsonville Police Department • The Watsonville Police Department is requesting approval to evaluate an unmanned, remotely piloted, powered aerial vehicle program (UAV). The program will be presented to Council at a separate meeting.
Attachment 3
3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 4
3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. Attachment 4
3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body.
Attachment 4
3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (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 pursuant to this chapter.
(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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
Attachment 4
3/30/22, 2:35 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
Attachment 4
Reso No. (CM) 1
Meeting Date: 061323 SWZ ______ RM ______ WPD ______
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE PURSUANT TO GOVERNMENT CODE SECTION 7071
RENEWING CHAPTER 4-13 OF THE WATSONVILLE MUNICIPAL CODE
ENTITLED MILITARY EQUIPMENT USE ORDINANCE, WATSONVILLE
MILITARY EQUIPMENT USE POLICY 708 AND FINDING THAT THE
ANNUAL MILITARY EQUIPMENT REPORT COMPLIES WITH THE
STANDARDS OF APPROVAL SET FORTH IN GOVERNMENT CODE
7071(d)
WHEREAS, Government Code sections 7071 et. seq. codifies Assembly Bill 481 (effective January 1, 2022) and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the use of military equipment; and WHEREAS, the Watsonville Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other jurisdictions on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to other local jurisdictions to promote the safety and security of community members; and
WHEREAS, on June 14, 2022, the City Council of the City of Watsonville adopted Ordinance No. 1434-22, adding Chapter 4-13 to the Watsonville Municipal Code, which approved Military Equipment Use Policy 708 for police services, and included an inventory (report) of the City’s military equipment; and WHEREAS, Watsonville Military Equipment Use Policy 708 sets forth a military equipment use policy that is consistent with the Police Department’s current practices,
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complies with all the requirements of the Government Code and the Watsonville Municipal Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the Department; and WHEREAS, the Government Code and the Watsonville Municipal Code require the City Council to conduct an annual review of the Military Equipment Use Ordinance and Policy and vote on whether to the renew the Ordinance and Policy; and WHEREAS, the City Council has conducted its annual review of the Military Equipment Use Ordinance contained in Chapter 4-13 of the Watsonville Municipal Code as well as its annual review of Watsonville Military Equipment Use Policy 708; and WHEREAS, the City Council has also conducted its annual review of the military equipment report prepared and submitted pursuant to section 7072 of the Government Code and has considered the requirements contained in section 7071(d) of the Government Code; and
WHEREAS, public notice has been provided in accordance with applicable law; and
WHEREAS, the City Council has reviewed and desires to renew Chapter 4-13 of the Watsonville Municipal Code and the Watsonville Military Equipment Use Policy 708; and
WHEREAS, the City Council desires to find that the military equipment report complies with the standards of approval set forth in subdivision (d) of Government Code section 7071 because of the following:
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1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
The acquisition and use of this equipment is part of the Watsonville Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of Watsonville.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.
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Section 2. The City Council finds that Chapter 4-13 of the Watsonville Municipal Code and Watsonville Military Equipment Use Policy 708 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 3. The City Council has reviewed Chapter 4-13 of the Watsonville Municipal Code and hereby renews that Chapter without change.
Section 4. The City Council has reviewed Watsonville Military Equipment Use Policy 708 and hereby renews the Policy without change.
Section 5. The City Council has reviewed the annual military equipment report and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code section 7071.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
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Military Equipment Ordinance,
Policy and Annual Report
Watsonville’s Military Equipment
Ordinance
4-13.02 Definitions.
4-13.03 Military equipment use policy requirement.
4-13.04 Use in exigent circumstances.
4-13.05 Reports on the use of military equipment.
Police Department Policy
Purpose and Scope
Outlines the Approval Process for Acquiring New
Military Equipment
Annual Reporting Requirements
Defines Military Equipment Coordinator
Community Engagement Requirements
Military Equipment List Inventory
Annual Report
Purpose of the report
Report covers 6 areas
How was the equipment used and for what purpose
Complaints or Concerns
Results of internal audits, violations, action taken in response
Cost
Quantity possessed
Do we intend to acquire additional equipment
In Section 1 – Unmanned, remotely piloted, ground vehicle, we have one Throwbot. This device provides audio and visual reconnaissance capabilities. It was not used during this rating period.
In Section 10 – Specialized Firearms and Ammunition we have a few items a. The Department owns 17 Carbine standard issued Patrol Rifles. We conducted 3 qualifications involving 61 officers and sergeants. Each qualification on the rifle took approximately 1 hour at an average cost of $65/hr = $4,030.00 for personnel training.
Source funds came from General Fund and Measure Y.
b. There were no registered complaints or concerns
c. There were no internal audits or information about violations d. The department had purchased 23,000 practice rounds earlier that year for a total cost of $10,120. Source funds came from the Specialized Department Equipment Budget. e. Annual rifle inspections take approximately 1 hour per rifle @ $71/hr for a total cost of $1,207. Source funds come from General Fund.
f. We have no planned purchases for 2023.
In Section 10 – Specialized Firearms and Ammunition
a. The Department owns 4 Spartan Precision Bolt Action .308 Caliber rifles. We conducted 4 training exercises involving 4 Special Response Team Sniper officers.
b. There were no registered complaints or concerns
c. There were no internal audits or information about violations d. Each training exercise was approximately 10 hours. 4 officers and 1 instructor were involved. At an avg of $65/hr, total cost for personnel was $13,000. Source funds came from General Fund and Measure Y.
e. We have no planned purchases for 2023
In Section 10 – Specialized Firearms and Ammunition. We have 1 Daniel Defense Semi-Auto .308 caliber rifle. It was not used during this reporting period.
In Section 10 – Specialized Firearms and Ammunition.
a. We have approximately 1200 rounds of Hornady. 308 caliber ammunition. We used approximately 600 rounds during the previously discussed training exercises b. There were no registered complaints or concerns
c. There were no internal audits or information about violations d. We are requesting the purchase of 2000 additional rounds for 2023 @ a cost of $2000.00. Source funds come from Specialized Department Equipment Budget. We anticipate training new sniper officers for our Special Response Team which will also require them attending a specialized training course for certification.
In Section 10 – Specialized Firearms and Ammunition
a. We have approximately 300 rounds of Federal Cartridge .308 Tactical ammunition. We used approximately 50 rounds during 1 (of the 4) training exercises. b. There were no registered complaints or concerns
c. There were no internal audits or information about violations d. We are requesting the purchase of 500 rounds @ a cost of $1,750.00. Source funds come from Specialized Department Equipment Budget. We anticipate training new sniper officers for our Special Response Team which will also require them attending a specialized training course for certification.
In Section 11 – Firearm accessory that is designated to launch explosive projectiles a. We have 2 Remington pump action shotguns which are used in conjunction with a launching cup to launch gas and smoke canisters. These were not used during this reporting period.
In Section 11 – Firearm accessory that is designated to launch explosive projectiles a. We have 2 Combined Systems Technology Launching cups. These were not used during this reporting period.
In Section 12 – Noise Flash diversionary devices and explosive breaching tools. a. We have 1 Straight Delivery Pole and Clamp Head delivery. This device is meant to assist in breaching doors during high risk entries. This device was not used during this reporting period.
In Section 12 – Noise Flash diversionary devices and explosive breaching tools a. We have 44 Defense Technology distraction devices (flash bangs). We utilized 5 devices during SWAT school for a new Special Response Team operator.
b. There were no registered complaints or concerns
c. There were no internal audits or information about violations d. The training for the one officer was approximately 5 hours @ avg $65/hr for a cost of $325. Source funds come from General Fund and Measure Y. Yearly resupply is approximately $1152 for 24 devices. Source funds come from Specialized Department Equipment Budget. e. We are requesting the purchase of 24 devices at a cost of approximately $1,152.00 for anticipated training needs for new Special Response Team operators attending SWAT school. Source funds would come from Specialized Department Equipment Budget. Page 702 of 705 In Section 12 – Munitions containing tear gas or OC (Oleoresin Capsicum – Cayenne based pepper spray), excluding standard, service-issued handheld pepper spray. a. We have 19 Combined Tactical Systems CS Smoke Devices. These were not used during this reporting period.
In Section 12 – Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
a. There is a mistake I need to call out. We do have 6 Defense Technology Stinger CS Rubber Ball Grenades. The publicly posted Annual Report has been corrected, but the copy you have here states we have ‘none’. I just wanted to clarify we so have 6 of these devices. These devices were not used during this reporting period.
In Section 14 – Projectile Launch Platform and Munition a. We have 25 Defense Technology 40mm tactical single shot launchers. We conducted training with 20 of our officers. Each officer fired one live round. There were no other uses during this reporting period.
b. There were no registered complaints or concerns
c. There were no internal audits or information about violations. d. The training exercise was 2 hours at 22 officers (including instructors) at an avg of $65/hr for a total personnel cost of $2,860. Source funds came from General Fund and Measure Y.
In Section 14 – Projectile Launch Platform and Munition a. We have 151 Defense Technology 40MM rounds. 20 rounds were fired during the one training exercise.
b. There were no registered complaints or concerns
c. There we no internal audits or information about violations d. We are requesting the purchase of 100 rounds for re-supply in 2023 and anticipated Special Response Team training exercises for new operators at a cost of approximately $2,600. Source funds come from Specialized Department Equipment Budget.
In Section 12/14 -Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. Projectile Launch Platform and Munition.
a. We have 15 Ferret 40MM projectiles containing CS powder chemical agent. These were not used during this reporting period.
* Evaluation of an unmanned, remotely piloted, powered aerial vehicle program. Also know as a UAV or drone program. Presentation to Council at a future meeting.
Questions?