HomeMy WebLinkAboutStaff Report 14446
City of Palo Alto (ID # 14446)
City Council Staff Report
Meeting Date: 8/8/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Adoption of an Ordinance Approving the Police Department's Military
Equipment Use Policy Under AB 481
From: City Manager
Lead Department: Police
Recommendation
Staff recommends that the City Council adopt an ordinance (Attachment A) approving the Palo
Alto Police Department Military Equipment Use Policy in accordance with AB 481.
Background
Assembly Bill 481 (Attachment B) was adopted by the California Legislature and approved by
Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is
designed to increase community awareness and oversight over the possession and use by local
police departments of certain types of equipment that AB 481 labels as “military” equipment. It
requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law
enforcement agencies to produce a military equipment use policy that identifies and describes:
each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of
such equipment; training required; and mechanisms to ensure compliance with the policy. (See
Gov. Code section 7070(d)). The City Council is required to approve the policy for the
Department to continue using this equipment. Additionally, the law requires an annual report
and annual review by the governing body for continued use of the equipment. AB 481 requires
every local law enforcement agency in California to post its proposed military equipment use
policy no later than May 1, 2022. The law also requires at least a 30-day period for public
comment on the proposed policy before the governing body discusses the proposed policy in a
public meeting.
Police agencies across the state have developed similar policies to comply with this new law.
The Department’s proposed policy describes the equipment that has already been in the
Department’s possession. The Department does not anticipate adding any new equipment. The
Department does not possess any equipment that is atypical for the region. Palo Alto possesses
fewer types of this equipment than many other Bay Area agencies.
Discussion
City of Palo Alto Page 2
Staff recommends that the City Council adopt the attached ordinance approving the proposed
Military Equipment Use Policy to ensure that the Palo Alto Police Department will continue to
have access to each of its existing pieces of qualifying equipment, and to affirm the
corresponding policies and procedures applicable to maintenance and use of the equipment.
On April 28, 2022, the Police Department launched a new web page (viewable at
www.cityofpaloalto.org/PAPDequipment ) dedicated to AB 481. This web page includes a link
to a Medium article posted by the City on the same day explaining the new law, a link to the
proposed policy, and a web form to collect community input about the draft proposed policy.
Since the web page launched on April 28, 2022, the Police Department has received one
response from the community via the web form. The response is attached (Attachment C).
AB 481 defines the term “military equipment” to include many pieces of equipment that are
designed exclusively for, and commonly used by, local law enforcement agencies throughout the
United States. While the Palo Alto Police Department possesses some equipment as defined by
AB 481, the types of equipment possessed by the Palo Alto Police Department have been
possessed for years (in some cases decades) and are all designed specifically for a law
enforcement (not military) application. Under AB 481, military equipment is defined as: drones
and robots; command and control vehicles; military-grade vehicles for breaching (Mine Resistant
Ambush Protected vehicles (MRAP) and Humvees); vehicles propelled by tracks; weaponized
aircraft, vessels, or vehicles; explosive rams, slugs, or breaching devices; any .50 caliber or larger
weapon or ammunition; any firearm or firearm accessory that is designed to launch explosive
projectiles; “flashbang” grenades and explosive breaching tools, “tear gas,” and “pepperballs”;
Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device
(LRAD); 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition
(SIM) weapons; any other equipment as determined by a governing body or a state agency to
require additional oversight. (See Gov. Code section 7070(c)).
For each type of qualifying equipment possessed by the Palo Alto Police Department, the
possession and use of that equipment was already governed by applicable Department policy,
various statutes, and state and federal case law before the state enacted AB 481. Personnel of
the Palo Alto Police Department meet or exceed all California Peace Officer Standards & Training
(POST) training requirements that apply to the qualifying equipment.
In addition, many of the pieces of qualifying equipment possessed by the Palo Alto Police
Department are specifically designed for the safe resolution of critical incidents, as opposed to
everyday routine patrol deployment; as such, some are used exclusively by members of the
specially-trained PAPD Crisis Response Unit (which includes the Special Weapons & Tactics Team
and the Crisis Negotiation Team), who receive additional specialized training in the use of the
equipment. The proposed policy outlines all qualifying equipment possessed by the Department
in Section “G” on page 4 of the policy. Several pieces of qualifying equipment are designed to
support community safety and criminal apprehension by:
City of Palo Alto Page 3
• Alternatives to the use of deadly force, such as less-lethal munitions and chemical agents
available to properly certified and/or trained sworn officers to provide less-lethal force
options to safely effectuate arrests of criminal suspects in limited situations.
• Means of de-escalation, such as the long-range acoustic device intended to send
messages to facilitate communications with subjects from a safe distance.
• Means of gathering information without jeopardizing the safety of officers, bystanders,
and criminal suspects, such as an unmanned aerial vehicle or robot, neither of which are
possessed by the Palo Alto Police Department but that may be used by a partner law
enforcement agency to safely resolve a critical incident during a mutual aid event.
• Command and control vehicle (the Mobile Emergency Operations Center, or MEOC)
which serves as a mobile command post at critical incidents, disasters, or special events,
as well as a backup 9–1–1 dispatch center in the event the City’s main dispatch center is
compromised or unavailable; (the MEOC is most typically operated by the City’s Office of
Emergency Services).
• Diversionary devices, used exclusively by members of the Department’s SWAT team who
have received specialized additional training; the equipment creates an auditory and
visual diversion to facilitate the operation of tactical teams during a critical public safety
incident.
• One sniper rifle with associated ammunition, used exclusively by members of the
Department’s SWAT team who have received specialized additional training. While not
covered by AB 481, all properly trained patrol officers carry standard-issue AR-15 patrol
rifles that are carried locked in patrol vehicles. In both cases, rifles allow sworn officers to
address threats with greater precision at a greater distance.
Per state law, the Police Department will release a public report annually to discuss any actual
deployments or use of the equipment, gain public input on the report, and obtain authorization
from the City Council to continue its use.
AB 481 requires the City Council to consider the proposed military equipment use policy and
make the following findings in approving the policy:
1. The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public’s welfare, safety,
civil rights, and civil liberties.
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, or if prior uses did not comply with the accompanying military
City of Palo Alto Page 4
equipment use policy, corrective action has been taken to remedy nonconforming uses
and ensure future compliance. (See Gov. Code section 7071(d)(1)).
Should the Council desire to approve the policy, these findings are made in the attached
ordinance.
Stakeholder Engagement
The Department and the City Manager’s Communications Office collaborated on public
communications about this proposed policy. In addition to the dedicated webpage on this
topic, and a blog post issued, information was shared via the City’s homepage news, and
distributed through the City and Police Department’s social media channels, Uplift Local digital
newsletter. The community input portal has been active since April 28, 2022 and will continue
to be a place for the community to comment. To date, the Police Department has received one
response from the community via the web form (Attachment C).
Policy Implications
With Council approval of the proposed policy, the Police Department will continue to have
access to each of its existing pieces of qualifying equipment, and the corresponding policies and
procedures surrounding the use of the equipment will remain in effect.
Resource Impact
There are no budget implications resulting from the adoption of this policy. Staff time will be
required to prepare the annual report, which will occur within regularly assigned duties.
Environmental Review
Adoption of an ordinance approving a military equipment use policy is not a “project” within
the meaning of CEQA.
Attachments
• Attachment A: Ordinance Approving City’s Military Equipment Use Policy
• Attachment B: Assembly Bill 481
• Attachment C: Public Input for Proposed Policy on AB 481
Attachments:
• Attachment A: Ordinance Approving City's Military Equipment Use Policy
• Attachment B: Assembly Bill 481
• Attachment C AB481 comment 5-6-2022
*NOT YET APPROVED*
1
257_20220725_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Implementing AB 481 (2021) by
Approving a Military Equipment Use Policy
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
1. In 2021, the California Legislature and the Governor approved AB 481, which
requires the City Council to approve a “Military Equipment Use Policy” in order to acquire, use,
or seek funds for the use of certain equipment used by law enforcement. AB 481 is codified at
Gov. Code section 7070 et seq.
2. The Palo Alto Police Department posted the proposed policy on its website on
April 28, 2022 in compliance with Gov. Code section 7071.
3. The policy is attached to this ordinance as Exhibit A and is fully incorporated into
this Ordinance.
4. The City Council now seeks to approve the attached Military Equipment Use Policy
in compliance with AB 481.
SECTION 2. The City Council makes the following required findings in compliance with
AB 481 (now codified at Gov. Code section 7071(d)(1)) as to the attached Military Equipment Use
Policy:
(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) 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.
SECTION 3. The City Council hereby approves the attached Military Equipment Use
Policy incorporated as Exhibit A to this ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
*NOT YET APPROVED*
2
257_20220725_ts24
SECTION 5. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
SECTION 6. This Ordinance shall be effective on the thirty-first date after the date of
its adoption.
SECTION 7. This Ordinance shall be uncodified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Chief of Police
PAPD Military Equipment Use Policy Page 1 of 10
Palo Alto Police Department Military Equipment Use Policy
PURPOSE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 and establishes
guidelines for the acquisition, funding, use and reporting of “military equipment”, as the term is
defined in Government Code section 7070. These obligations include but are not limited to
seeking approval on specific items deemed, by statute, to be military equipment and
requirements related to compliance, annual reporting, cataloging, and complaints regarding
these items.
PROCEDURE
A. DEFINITIONS
1. Governing Body – The City Council of the City of Palo Alto.
2. Military Equipment – Shall have the same meaning as defined by California Government
Code § 7070(c).
B. GOVERNING BODY APPROVAL
1. The Department shall obtain approval of the governing body prior to engaging in any of the
following activities:
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.
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 general order
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 in a. through f.
2. In seeking the approval of the governing body, the Department shall comply with Gov. Code
§ 7071, which requires that the Department submit a proposed military equipment use policy,
or subsequent amendments, to the City Council and the public via the law enforcement
Exhibit A
PAPD Military Equipment Use Policy Page 2 of 10
agency’s internet website at least 30 days prior to any public hearing concerning the military
equipment at issue.
3. The governing body must be able to make the following findings in approving the Military
Equipment Use Policy as required by Gov. Code § 7071(d)(1) in order to use military equipment:
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.
C. MILITARY EQUIPMENT ANNUAL REPORT
The Department shall submit an annual military equipment report to the governing body that
addresses each type of military equipment possessed by the Department in compliance with
Gov. Code § 7072.
1. The Department shall also make each annual military equipment report publicly available on
its internet website for as long as the military equipment is available for use.
2. 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:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military
equipment.
c. The results of any internal audits, any information about violations of the military
equipment use policy, and any actions taken in response.
d. 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.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
PAPD Military Equipment Use Policy Page 3 of 10
The Department will document each use of military equipment and, via administrative review,
ensure compliance with this policy. Any instances of non‐compliance will be reported to the
City Council via the annual military equipment report, and to the Independent Police Auditor
where appropriate.
D. MILITARY EQUIPMENT USE POLICY COMPLAINTS AND CONCERNS
Pursuant to Gov. Code § 7070(d)(7), members of the public may register complaints or concerns
or submit questions by any of the following means:
1. Via web form available at www.cityofpaloalto.org/PAPDequipment
2. Via phone call to: (650) 329‐2406
3. Via mail sent to: Palo Alto Police Department
Attn: Personnel and Training
275 Forest Avenue
Palo Alto, CA 94301
The Department is committed to responding to complaints, concerns and/or questions received
through any of the above methods in a timely manner.
E. MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by
the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless
exigent circumstances arise.
F. MILITARY USE EQUIPMENT POLICY CONTENTS
All military use equipment kept and maintained by the Department shall be cataloged in a way
which addresses each of the following requirements in compliance with Gov. Code § 7070(d):
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
PAPD Military Equipment Use Policy Page 4 of 10
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.
G. USE POLICY FOR SPECIFIC EQUIPMENT
Qualifying Equipment Owned/Utilized by the Department
Equipment Type: 37mm Less Lethal Launchers and Kinetic Energy Munitions ‐ CA Gov’t Code
§7070(c)(14)
Quantity Owned/Sought: 30 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 37MM Less Lethal Launcher is capable of firing 37MM Kinetic
Energy and Chemical Agent Munitions. Palo Alto PD only possesses “KO1” impact baton
rounds in its inventory.
Manufacturer Product Description: Sage Control Ordinance 37MM launchers are rugged,
reliable, and simple to operate less lethal launchers. These launchers are light weight,
versatile and used worldwide by police officers. The 37MM launcher family of products is
available in single‐shot (“Ace”), double‐shot (“Deuce”), or magazine fed configurations. Palo
Alto PD possesses the “Ace” and “Deuce” models.
Purpose/Authorized Uses: The 37MM Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option. Kinetic energy 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.
Circumstances appropriate for deployment include, but are not limited to, situations in
which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
(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, bottles or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
Fiscal Impacts: The initial cost of this equipment was approximately $27,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force) and 308
(Control Devices and Techniques). Use will continue to be subject to an administrative Use of
Force review.
PAPD Military Equipment Use Policy Page 5 of 10
Training Required: Officers must complete a department certified 37mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) ‐ CA Gov’t Code §7070(c)(13)
Quantity Owned/Sought: 1 Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to
send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones, and can be more narrowly directed.
Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD)
used to send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are
loud enough to cause pain in the ears of people in their path.
Purpose/Authorized Uses: Primarily used to communicate, from a safe distance, with armed
and/or barricaded subjects, for the purpose of negotiation. Can also be used in furtherance
of search and rescue operations, and to communicate lawful dispersal orders.
Fiscal Impacts:
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy § 414 (Hostage and Barricade
Incidents). Use will be subject to an administrative review.
Training Required: The Palo Alto Police Department provides internal training for staff
members prior to allowing them to use this equipment.
Other Notes: This equipment is maintained and operated by members of the Department’s
Crisis Negotiation Team (CNT).
Equipment Type: Diversionary Devices and Chemical Agents (tear gas) and pepper balls ‐ CA
Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 108 Lifespan: 5 years
Equipment Capabilities: Capable of creating auditory/visual distractions, and/or deploying
tear gas or pepper chemical to distract potentially dangerous individuals.
Manufacturer Product Description:
The Palo Alto Police Department uses Diversionary Devices and Chemical Agents produced by
Defense Technology (DT) and Combined Tactical Systems (CTS). All Chemical Agents utilized
by PAPD contain CS (Orthochlorobenzalmalononitrile) or OC (Oleoresin Capsicum).
Diversionary Devices:
1. Flash‐Bang (CTS‐7290)
a. The CTS 7290 is the standard for diversionary flash‐bang devices. The 7290
produces a 165‐180db and 6‐8 million candela of light output.
PAPD Military Equipment Use Policy Page 6 of 10
2. Mini‐Bang (CTS‐7290M)
a. The Model 7290M Flash‐Bang exhibits all of the same attributes of its larger
counterpart but in a smaller and lighter package. Weighing in at just 15 ounces
the new 7290M is approximately 30% lighter than the 7290 but still has the
same 180db output of the 7290 and produces 6‐8 million candela of light.
Chemical Agents:
1. CS 37mm Liquid Ferret Barricade Round (CTS‐3330)
a. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers
irritant agents into an adjacent room.
2. CS 37mm Liquid Ferret Barricade Round (DT‐1162)
a. The Ferret® 37 mm CS Round is a frangible projectile filled with chemical
agent. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers the .16 oz. agent payload inside a structure.
3. CS Flameless Tri‐Chamber (DT‐1032)
a. The design of the Tri‐Chamber Flameless CS Grenade allows the contents to
burn within an internal can and disperse the agent safely with reduced risk of
fire. The grenade is designed primarily for indoor tactical situations to detect
and/or dislodge a barricaded subject. This grenade will deliver approximately
.70 oz. of agent during its 20‐25 seconds burn time. The Tri‐Chamber
Flameless Grenade can be used in crowd control as well as tactical deployment
situations by Law Enforcement and Corrections, but was designed with the
barricade situation in mind.
4. CS Triple Chaser Separating Canister (DT‐1026)
a. The Triple‐Chaser® CS consists of three separate canisters pressed together
with separating charges between each. When deployed, the canisters separate
allowing increased area coverage in a short period of time. This grenade can
be hand thrown or launched from a fired delivery system.
5. CS Riot Control (DT‐1082)
a. The Riot Control CS Grenade is designed specifically for outdoor use in crowd
control situations with a high volume continuous burn. . This grenade can be
used to conceal tactical movement or to route a crowd. The volume of smoke
and agent is vast and obtrusive. .
Smoke:
1. Maximum HC (Hexachlorethane) Smoke (DT‐1073)
a. The Maximum Smoke Grenade is designed specifically for outdoor use in
crowd control situations with a high volume continuous burn. This grenade
can be used to conceal tactical movement or to route a crowd. The volume of
non‐irritant smoke and agent is vast and obtrusive.
Pepperball:
PAPD Military Equipment Use Policy Page 7 of 10
Less lethal launchers are designed for minimum time between launches and quick reload
speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation,
the PepperBall system offers flexibility, safety and security, all within one platform. Each
launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air
powering the launch of projectiles.
Purpose/Authorized Uses: creating explosive distractions, and/or deploying chemical agents.
Fiscal Impacts: The initial cost of the Pepperball equipment was approximately $7,920. The
ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
The initial cost of the distraction devices and chemical agents was approximately $2,400. The
ongoing costs for munitions will vary and (minimal, if any) maintenance is conducted by
departmental staff.
Legal/Procedural Rules Governing Use Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 308
(Control Devices and Techniques), and 408 (Crisis Response Unit).Use of tear gas or pepper
balls will continue to be subject to an administrative Use of Force review. Use of distraction
devices will be subject to an administrative review to ensure policy compliance.
Training Required: A P.O.S.T. certified Control Devices and Techniques Department chemical
agent and distraction device instructor provides internal training for all members of the
SWAT team prior to allowing them to use flashbang grenades or tear gas. The Department
provides internal training for all members prior to allowing them to use pepper balls.
Other Notes: Distraction devices and chemical agents are exclusively maintained and
operated by members of the Department’s Special Weapons and Tactics Team (SWAT).
Equipment Type: Bolt Action Rifle and Ammunition ‐ CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years
Equipment Capabilities: Accuracy International rifle is capable of firing a 7.62mm/.308 cal
projectile bullet.
Manufacturer Product Description: Accuracy International (AI) Accuracy Tactical bolt action
rifle .308 Winchester/7.62mm NATO.
1. 20" barrel threaded 5/8x24
2. Nightforce:C622 Scope .250 MOA
3. AI Adjustable cheek piece
4. AI Two‐stage trigger
5. AI 10‐round .380 caliber magazine
6. AI Three‐position safety
Purpose/Authorized Uses: This rifle is authorized for use by a specially‐trained, SWAT
marksman only and may be deployed 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 rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
PAPD Military Equipment Use Policy Page 8 of 10
2. When the officer is faced with a situation that may require accurate and effective fire
at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was purchased by the Palo Alto Police Department at an
initial cost of $6500.00. The ongoing costs for ammunition will vary and maintenance is
conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 312
(Firearms), and 408 (Crisis Response Unit).Each use will continue to be subject to an
administrative Use of Force review.
Training Required: In addition to CA P.O.S.T. certified patrol rifle and CA P.O.S.T. certified
standard SWAT Operator training, SWAT marksmen must successfully complete a CA P.O.S.T.
certified course as well as regular SWAT marksmanship training and qualifications as required
by law and policy.
Other Notes: The Palo Alto Police Department does not presently have an active‐duty SWAT
marksman among its staff, so there are no Palo Alto Police personnel presently authorized to
use this Military Equipment.
Qualifying Equipment Owned/Utilized by Palo Alto OES
Equipment Type: Command and control vehicle – CA Gov’t Code §7070(c)(5)
Quantity Owned/Sought: 1 Lifespan: Approximately 20 years
Equipment Capabilities: The City of Palo Alto Office of Emergency Services (OES) has a
Mobile Emergency Operations Center (MEOC) vehicle.
Manufacturer Product Description: The MEOC is built on a 40’ Freightliner chassis, 2010
Model Year.
Purpose/Authorized Uses: The MEOC serves as a resource for public safety and coordinates
with other such vehicles operated by other agencies. It is deployed to “all hazards” ranging
from natural disasters, wildfires, crime, special events, and planned and unplanned
disruptions to 9‐1‐1 and Emergency Operations Center systems and facilities.
Fiscal Impacts: The MEOC was acquired in approximately 2010 with grant funding of
$300,000 and City funding of $375,000. The ongoing costs for maintenance and operation
will vary and most maintenance is conducted by City staff.
Legal/Procedural Rules Governing Use: It is the policy of OES to use the MEOC in accordance
with California State law regarding the operation of motor vehicles. Furthermore, since the
MEOC is grant‐funded and since the MEOC is a rare resource, the City may support mutual
PAPD Military Equipment Use Policy Page 9 of 10
aid with the MEOC (for example wildfire response). Use will be subject to an administrative
review to ensure policy compliance.
Training Required: The MEOC is a highly complex system. City staff are provided with
requisite training and licensing, depending on their role in supporting the MEOC.
Other Notes: The MEOC is not a “military vehicle” but could support coordination with the
National Guard, FEMA, and other cooperating agencies after a major earthquake or other
disaster.
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which
the Palo Alto Police Department collaborates and/or participates for law enforcement
purposes
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and
recorded video images captured from aerial positions, including images enhanced by Forward
Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission
of protecting lives and property when other means and resources are not available or are less
effective. Uses may include but are not limited to: search and rescue; suspect apprehension;
crime scene documentation; tactical operations; scene security; hazard monitoring,
identification and mitigation; response to emergency calls; crisis communications; legally
authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not
limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance).Federal Aviation Administration (FAA) regulations . Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a
reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers
shall take reasonable precautions to avoid inadvertently recording or transmitting images of
areas where there is a reasonable expectation of privacy. Upon mutual aid or other request
from PAPD, UAS/Drone will be operated by the deploying agency’s staff pursuant to their
own policies and review.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA
Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
PAPD Military Equipment Use Policy Page 10 of 10
Equipment Type: Unmanned, remotely piloted, powered ground vehicles ‐ CA Gov’t Code
§7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Robots are capable of being remotely navigated to provide scene
information and intelligence in the form of video and still images transmitted to first
responders.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by
providing first responders with the ability to capture video and still images of hazardous
areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Absent a warrant or exigent circumstances,
operators and observers shall adhere to all applicable privacy laws and shall not intentionally
record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Use governed by applicable State,
Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy,
including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by
deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached ‐ CA Gov’t
Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry;
facilitating the safe transport of officers or civilians facing an armed suspect.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Safely
transporting police personnel or evacuating civilians, when facing with an armed suspect.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure)
and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle
will be operated by deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
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
92
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 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.
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.
92
— 2 — Ch. 406
(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.
(7) Battering rams, slugs, and breaching apparatuses that are explosive
in nature. However, items designed to remove a lock, such as bolt cutters,
92
Ch. 406 — 3 —
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
92
— 4 — Ch. 406
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.
(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
92
Ch. 406 — 5 —
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
92
— 6 — Ch. 406
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.
(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.
92
Ch. 406 — 7 —
(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
92
— 8 — Ch. 406
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.
O
92
Ch. 406 — 9 —
Public Input for Proposed Policy
on AB 481
Submission date:6 May 2022, 2:33PM
Receipt number:2
Related form version:2
Please share your thoughts with us!
I went to the Ciy site titled: New State Law: Draft
Military Equipment Use Policy, Next Steps & Ways to
Share Input. On it was a "list" of military equipment
the PAPD has. This list is useless - it is simply a list of
general categories, indeed by use, but this about
about law inforcement possessiong military
weapons/equipment. Example - less lethal weapons
as a category is mentioned, but not what the weapons
are.
Thus - no transparency, no actual information about
the heart of the matter to the public. All hat, no cattle.
This is not acceptable.
Winter Dellenbach
Optional contact information...
1 of 2
I went to the Ciy site titled: New State Law: Draft
Military Equipment Use Policy, Next Steps & Ways to
Share Input. On it was a "list" of military equipment
the PAPD has. This list is useless - it is simply a list of
general categories, indeed by use, but this about
about law inforcement possessiong military
weapons/equipment. Example - less lethal weapons
as a category is mentioned, but not what the weapons
are.
Thus - no transparency, no actual information about
the heart of the matter to the public. All hat, no cattle.
This is not acceptable.
Winter Dellenbach
2 of 2