Agenda Item Wording:
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Introduce and conduct the first reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy #708 per California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy #708.
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Deadline for Action: 5/16/2022
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, jason.salazar@visalia.city; Captain Luma Fahoum, ext. 4103, luma.fahoum@visalia.city; Lieutenant Osvaldo Dominguez, ext. 4285, Osvaldo.dominguez@visalia.city
Department Recommendation:
Introduce and conduct the first reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy 708 per the new California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy #708.
Summary:
AB 481 requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, and use of specified types of equipment. The process to approve a military equipment policy must be initiated by May 1, 2022. The process requires that the Department post an inventory of equipment that falls under the definition of military equipment per the legislation, as well as a draft of the military equipment policy on its website 30 days prior to a public hearing for approval by the Council to adopt the ordinance and military equipment policy. AB 481 additionally requires that the Department publish an annual report to include the use of equipment that falls under the legislation’s military equipment definition, complaints received related to that equipment, internal audits of this equipment, the cost of use, and other relevant information and present that report to the Council annually.
The proposed Ordinance and Policy of the Police Department is compliant with the State law as set forth in AB 481. The intent of AB 481 is to increase transparency, accountability, and oversight surrounding the use of equipment utilized for law enforcement purposes by the Department that fall under the definition of military equipment outlined in AB 481. Moreover, the equipment listed in the attached inventory and currently in the possession of the Visalia Police Department, provides police officers equipment that is essential in day-to-day patrol operations, response to critical incidents, and to protect and promote the welfare and safety of the community we serve.
Background Discussion:
AB 481, approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires that all local law enforcement agencies obtain approval from the applicable governing body (City Council) via adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.
The term “military equipment”, is defined in AB 481 and, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include but are not limited to, unmanned aerial systems (UAS), armored vehicles, command and control vehicles, specialized firearms and ammunition, kinetic energy weapons and munitions, and noise-flash diversionary devices. Many of the items listed as “military equipment” by AB 481 are in wide use by law enforcement agencies across the country as best practices to enhance community and officer safety and used in daily operations or in response to critical incidents. It is important to note that the Visalia Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).
Visalia Police Department Military Equipment Policy 708 adheres to California Government section 7070 et seq with respect to the approval, acquisition, and reporting requirements of military equipment and is consistent with industry best practices. The proposed military equipment use policy will safeguard the public’s welfare, safety civil rights, and civil liberties.
The Visalia Police Department has reviewed the inventoried equipment and determined that it is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Department considers approving the policy and continuing to utilize the listed equipment to be reasonably cost effective compared to available alternatives. Finally, the Visalia Police Department has reviewed the usage of the inventoried equipment and determined that prior military equipment use complied with applicable use policies in effect at the time, and in any instances where prior uses did not comply then corrective action has been taken to remedy nonconforming usage and ensure future compliance.
In addition to the policy obligations, AB 481 requires the City to:
• Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy. It is noted that a copy of the draft policy was published on the Department’s website in April of this year to commence the policy approval process and will remain available on the website.
• Publish an annual report identifying all equipment in possession or in use by the Department that falls under the categories identified in AB 481 and approved by the City Council.
• Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.
• Have the Police Department present an annual report concerning military equipment use to the City Council.
The Visalia Police Department Draft Military Equipment Inventory List was published on the City of Visalia website on April 7, 2022, at least (30) days prior to the adoption of this ordinance approving the proposed policy to occur with the first public hearing to be held on May 16, 2022, and the second reading scheduled to take place on June 20, 2022. The webpage containing the applicable documents related to this ordinance and policy can be located at the following link: <https://www.visalia.city/depts/police/public_records_act/default.asp>
AB 481 has designated the following categories of items as military equipment. The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories (Equipment Categories 1, 3, 5, 9, 11, 12, and 14):
• Equipment Category 01: Unmanned, remotely piloted, powered aerial or ground vehicles.
• Equipment Category 02: Mine-resistant ambush-protected vehicles or armored personnel carriers.
• Equipment Category 03: 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.
• Equipment Category 04: Tracked armored vehicles that provide ballistic protection to their occupants.
• Equipment Category 05: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Equipment Category 06: Weaponized aircraft, vessels, or vehicles of any kind.
• Equipment Category 07: Battering rams, slugs, and breaching apparatuses that are explosive in nature.
• Equipment Category 08: Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Equipment Category 09: 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 handguns.
• Equipment Category 10: Any firearms or firearm accessory that is designed to launch explosive projectiles.
• Equipment Category 11: Noise-flash diversionary devices and explosive breaching tools.
• Equipment Category 12: Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Equipment Category 13: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
• Equipment Category 14: Kinetic energy weapons and munitions.
• Equipment Category 15: Any other equipment as determined by a governing body or state agency to required additional oversight.
Fiscal Impact:
None.
Prior Council Action: None.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
Introduce and conduct the first reading of Ordinance No. 2022-?? an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Visalia Police Department Draft Military Equipment Policy #708; 2. Visalia Policy Department Military Equipment Inventory List; 3. Proposed Ordinance No. 2022-09. 4. AB-481 PowerPoint Presentation.