HomeMy WebLinkAbout2024-03-25; Community-Police Engagement Commission; ; Presentation of the Annual Review of the Police Department’s Military Equipment Use Policy in Accordance with Assembly Bill 481Meeting Date: March 25, 2024
To: Community-Police Engagement Commission
From: Sheila Cobian, Legislative & Constituent Services Director
Staff Contact: Ryan Opeka, Professional Standards Lieutenant/SWAT Commander
Ryan.opeka@carlsbadca.gov, 442-339-2149
Subject: Presentation of the Annual Review of the Police Department’s Military
Equipment Use Policy in Accordance with Assembly Bill 481
District: All
Recommended Action
Receive a presentation regarding the annual review of the Police Department’s Military
Equipment Use Policy prior to going to City Council, in accordance with California Assembly Bill
481.The presentation will include an explanation of the current policy and proposed language
change.
Executive Summary
Staff will provide the presentation and respond to Commissioner questions and feedback.
Fiscal Analysis
This action has no fiscal impact.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment.
Exhibits
1.Carlsbad Police Department Policy 708
2.Red-line version of Carlsbad Police Department Policy 708 with proposed language change
Community-Police Engagement Commission
March 25, 2024 Item #1 Page 1 of 9
Staff Report
Policy
708
Carlsbad Police Department
Carlsbad PD Policy Manual
Copyright Lexipol, LLC 2024/01/02, All Rights Reserved.
Published with permission by Carlsbad Police Department Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use, training
and reporting requirements of military equipment in accordance with California Assembly Bill 481
(codified at Government Code § 7070, et seq.). Additionally, this policy outlines the fiscal impact
and specific descriptions of existing military equipment within the Department's inventory.
708.1.1 DEFINITIONS
The definitions provided in Government Code section 7070 apply to this policy, including the
following:
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Means the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies
to small Unmanned Aircraft Systems (sUAS) and SWAT robots.
•Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded
from this definition.
•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. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are
specifically excluded from this definition.
•Tracked armored vehicles that provide ballistic protection to their occupants and utilize
a tracked system instead of wheels for forward motion.
•Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
•Weaponized aircraft, vessels, or vehicles of any kind.
•Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters or a handheld, one-
person ram, are specifically excluded from this definition.
•Firearms and ammunition of_.50 caliber or greater, However, standard-issue shotguns
and standard-issue shotgun ammunition are specifically excluded from this definition..
•Specialized firearms and ammunition of less than_.50 caliber, including assault
weapons as defined in Penal Code sections 30510 and 30515, with the exception
of standard-issue service weapons and ammunition of less than.50 caliber that are
issued to sworn members.
•Any firearm or firearm accessory that is designed to launch explosive projectiles.
Exhibit 1
March 25, 2024 Item #1 Page 2 of 9
Carlsbad Police Department
Carlsbad PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/02, All Rights Reserved.
Published with permission by Carlsbad Police Department Military Equipment - 2
•"Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls"
including munitions containing tear gas or OC.However, standard, service-issued
handheld pepper spray is specifically excluded from this definition.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
•The following projectile launch platforms and their associated munitions: 40 mm
projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM)
weapons.
•Any other equipment as determined by the governing body or a state agency to require
additional oversight.
•"Military equipment" does not include general equipment not designated as prohibited
or controlled by the federal Defense Logistics Agency.
708.2 POLICY
It is the policy of the Carlsbad Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any other law enforcement agency that may use military equipment
within the jurisdiction of Carlsbad Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition,
and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
March 25, 2024 Item #1 Page 3 of 9
Carlsbad Police Department
Carlsbad PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/02, All Rights Reserved.
Published with permission by Carlsbad Police Department Military Equipment - 3
708.4 MILITARY EQUIPMENT INVENTORY
Appendix A contains the descriptions, purposes and authorized uses, fiscal impact, training
requirements, and legal and procedural rules governing each authorized use for all military
equipment of the Department.
708.5 MILITARY EQUIPMENT USE POLICY APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment use policy. As part of the approval process,
the Chief of Police or the authorized designee shall ensure the proposed military equipment use
policy is submitted to the governing body and is available on the department website at least 30
days prior to any public hearing concerning the military equipment at issue (Government Code
§ 7071). The military equipment use policy must be approved by the governing body prior to
engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g) Acquiring military equipment through any means not provided above.
708.5.1 REPLACEMENT OF APPROVED EQUIPMENT
The police department will replace, as needed, any existing approved military equipment with the
equipment of the same make and model, or if unavailable, with substantially similar equipment
which will be subject to the same requirements as the replaced equipment.
708.6 ANNUAL MILITARY EQUIPMENT REPORT AND COMMUNITY ENGAGEMENT
The Chief of Police or the authorized designee shall submit a military equipment report to the
governing body for each type of military equipment approved within one year of approval of
this policy, and annually thereafter, for as long as the military equipment is available for use
(Government Code § 7072). 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.
March 25, 2024 Item #1 Page 4 of 9
Carlsbad Police Department
Carlsbad PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/02, All Rights Reserved.
Published with permission by Carlsbad Police Department Military Equipment - 4
(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, consistent with all applicable
state employee privacy laws.
(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
The Chief of Police or the authorized designee shall make each annual military equipment report
publicly available on the department website for as long as the military equipment is available
for use.
Within 30 days of submitting and publicly releasing the annual military equipment report,
the Department shall hold at least one well-publicized and conveniently located community
engagement meeting, at which the general public may discuss and ask question regarding the
annual military equipment report and the Department's funding, acquisition, or use of military
equipment.
The governing body will determine, based on the annual military equipment report, whether each
type of military equipment identified in the report has complied with the standards for approval,
as set forth in Government Code § 7071, subdivision (d). If the governing body determines that a
type of military equipment identified in the annual military equipment report has not complied with
the standards as set forth in Government Code § 7071, subdivision (d), it may either disapprove
a renewal of the authorization for that type of military equipment or require modifications to this
military equipment use policy in a manner that will resolve lack of compliance.
708.7 COORDINATION WITH OTHER JURISDICTIONS
Department members are required to adhere to this Military Equipment Use policy and all
applicable Carlsbad Police Department policies and procedures, regardless of operational
jurisdiction. Members of other law enforcement agencies that are providing mutual aid to this
jurisdiction shall comply with their respective military equipment use policies in rendering mutual
aid.
708.8 PUBLIC COMPLAINT PROCEDURE
Complaints related to the application or use of military equipment shall be handled in accordance
with Department Policy 1020 - Personnel Complaints.
March 25, 2024 Item #1 Page 5 of 9
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use, training and
reporting requirements of military equipment in accordance with California Assembly Bill 481 (codified at
Government Code § 7070, et seq..). Additionally, this policy outlines the fiscal impact and specific
descriptions of existing military equipment within the Department's inventory.
708.1.1 DEFINITIONS
The definitions provided in Government Code section 7070 apply to this policy, including the following:
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Means the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to small
Unmanned Aircraft Systems (sUAS) and SWAT robots.
•Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However,
police versions of standard consumer vehicles are specifically excluded from this definition.
•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. However,
unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this
definition.
•Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked
system instead of wheels for forward motion.
•Command and control vehicles that are either built or modified to facilitate the operational
control and direction of public safety units.
•Weaponized aircraft, vessels, or vehicles of any kind.
•Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items
designed to remove a lock, such as bolt cutters or a handheld, one-person ram, are specifically
excluded from this definition.
•Firearms and ammunition of_.50 caliber or greater, However, standard-issue shotguns and
standard-issue shotgun ammunition are specifically excluded from this definition..
•Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as
defined in Penal Code sections 30510 and 30515, with the exception of standard-issue service
weapons and ammunition of less than.50 caliber that are issued to sworn members.
•Any firearm or firearm accessory that is designed to launch explosive projectiles.
•"Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls" including
munitions containing tear gas or OC.However, standard, service-issued handheld pepper spray
is specifically excluded from this definition.
Exhibit 2
March 25, 2024 Item #1 Page 6 of 9
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
(LRADs).
• The following projectile launch platforms and their associated munitions: 40 mm projectile
launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.
• Any other equipment as determined by the governing body or a state agency to require
additional oversight.
• "Military equipment" does not include general equipment not designated as prohibited or
controlled by the federal Defense Logistics Agency.
708.2 POLICY
It is the policy of the Carlsbad Police Department that members of this department comply with the
provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment in the current possession
of the Department, or the equipment the Department intends to acquire that requires approval by
the governing body.
c) Conducting an inventory of all military equipment at least annually.
d) Collaborating with any other law enforcement agency that may use military equipment within the
jurisdiction of Carlsbad Police Department (Government Code § 7071).
e) Preparing for, scheduling, and coordinating the annual community engagement meeting to
include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use
of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and
ensuring that the report is made available on the department website (Government Code §
7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person
may submit a question about the use of a type of military equipment, and how the Department
will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
Appendix A contains the descriptions, purposes and authorized uses, fiscal impact, training
requirements, and legal and procedural rules governing each authorized use for all military equipment
of the Department.
March 25, 2024 Item #1 Page 7 of 9
708.5 MILITARY EQUIPMENT USE POLICY APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of
an ordinance adopting the military equipment use policy. As part of the approval process, the Chief of
Police or the authorized designee shall ensure the proposed military equipment use policy is submitted
to the governing body and is available on the department website at least 30 days prior to any public
hearing concerning the military equipment at issue (Government Code § 7071). The military equipment
use policy must be approved by the governing body prior to engaging in any of the following
(Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a.
b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or
accepting private, local, state, or federal funds, in-kind donations, or other donations or
transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or
leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military
equipment within the jurisdiction of this department.
e) Using any new or existing military equipment for a purpose, in a manner, or by a person not
previously approved by the governing body.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person
or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military
equipment.
g) Acquiring military equipment through any means not provided above.
708.5.1 REPLACEMENT OF APPROVED EQUIPMENT
The police department will replace, as needed, any existing approved military equipment with the
equipment of the same make and model, or if unavailable, with substantially similar equipment which
will be subject to the same requirements as the replaced equipment.
The Police Department may acquire additional equipment and munitions of the types (or substantially
similar types) contained in Appendix A. The quantity for each type of equipment and munition in
Appendix A is not intended as a cap on the number that may be acquired.
708.6 ANNUAL MILITARY EQUIPMENT REPORT AND COMMUNITY ENGAGEMENT
The Chief of Police or the authorized designee shall submit a military equipment report to the governing
body for each type of military equipment approved within one year of approval of this policy, and
annually thereafter, for as long as the military equipment is available for use (Government Code §
7072). 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.
March 25, 2024 Item #1 Page 8 of 9
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, consistent with all applicable state employee privacy
laws.
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
The Chief of Police or the authorized designee shall make each annual military equipment report
publicly available on the department website for as long as the military equipment is available for use.
Within 30 days of submitting and publicly releasing the annual military equipment report, the
Department shall hold at least one well-publicized and conveniently located community engagement
meeting, at which the general public may discuss and ask question regarding the annual military
equipment report and the Department's funding, acquisition, or use of military equipment.
The governing body will determine, based on the annual military equipment report, whether each type of
military equipment identified in the report has complied with the standards for approval, as set forth in
Government Code § 7071, subdivision (d). If the governing body determines that a type of military
equipment identified in the annual military equipment report has not complied with the standards as set
forth in Government Code § 7071, subdivision (d), it may either disapprove a renewal of the
authorization for that type of military equipment or require modifications to this military equipment use
policy in a manner that will resolve lack of compliance.
708.7 COORDINATION WITH OTHER JURISDICTIONS
Department members are required to adhere to this Military Equipment Use policy and all applicable
Carlsbad Police Department policies and procedures, regardless of operational jurisdiction. Members of
other law enforcement agencies that are providing mutual aid to this jurisdiction shall comply with their
respective military equipment use policies in rendering mutual aid.
708.8 PUBLIC COMPLAINT PROCEDURE
Complaints related to the application or use of military equipment shall be handled in accordance with
Department Policy 1020 - Personnel Complaints.
March 25, 2024 Item #1 Page 9 of 9
Military Equipment Use
Annual Report (AB 481)
Ryan Opeka, Lieutenant
Police Department
Community-Police Engagement Commission
March 25, 2024
{city of
Carlsbad
TODAY’S PRESENTATION
•Overview of AB 481
•Summary of Policy
•Review of Military Equipment Inventory
•2023 Annual Report Findings
•Proposed Language Change
Item 1 - AB481
{city of
Carlsbad
OVERVIEW OF AB 481
•Assembly Bill 481 – Signed into law Sept. of 2021
•Codified in CGC 7070-7075
•Requires law enforcement agencies (LEAs) to obtain approval
from governing body for a policy to fund/acquire/use military
equipment as defined by law
•LEAs are required to provide a report to City Council each year
regarding the use of military equipment
•City Council must approve an ordinance to renew the policy each
year.
Item 1 - AB481
1111111
{city of
Carlsbad
WHAT CONSTITUTES “MILITARY EQUIPMENT”
California Govt Code 7070(c) definition includes:
•Unmanned Aerial Vehicles (UAV);
•Armored personnel carrier;
•Command and control vehicles;
•Certain breaching equipment;
•Firearms and ammunition of .50 caliber or greater;
•Specialized firearms and ammunition under .50 caliber, including assault weapons as defined by the penal code (not including standard issue weapons);
•Noise Flash Diversionary Devices (NFDDs) and chemical agents (tear gas) (12),
•Less lethal munitions such as bean bags, rubber bullets and specialty impact munitions, as well as their respective launch platform (gun).
The equipment must be necessary and the accompanying policy should safeguard the public’s welfare, safety, and civil rights/liberties
Item 1 - AB481
MILITARY EQUIPMENT USE POLICY
Carlsbad Police Department Policy 708:
•Establishes guidelines for the use, acquisition, training, and reporting requirements for all items deemed “Military Equipment”
•Provides an inventory of all equipment, quantity, capabilities, expected lifespan, and manufacturer’s description
•Outlines the approval process and procedures for the annual review and reauthorization
•Establishes a Military Equipment Coordinator
•Legal and procedural rules
•Training requirements
•Mechanisms to ensure compliance
•Procedure for public complaints and questions
Item 1 - AB481
(g) C:::::::::::I
(g) C:::::::::::I
(g) C:::::::::::I
(g) C:::::::::::I
MILITARY EQUIPMENT INVENTORY
The Inventory contains items obtained to:
•Improve officer and citizen safety
•Enable Department members to comply
with the Department’s de-escalation policy
•Respond to and manage special events and
large-scale incidents
Item 1 - AB481
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MILITARY EQUIPMENT INVENTORY
All items in the inventory require:
•Initial and ongoing training and certification
•Covered by a variety of legal standards and
deployment guidelines
•Must be consistent with the Department’s
Use of Force, De-escalation and other
policies
Item 1 - AB481
MILITARY EQUIPMENT
•Technology
•Less Lethal
•Less Lethal Projectiles
•Firearms
•Chemical Agents
•Breaching Equipment
•Vehicles
Item 1 - AB481
Patrol Use
17%
SWAT Only
83%
{city of
Carlsbad
ANNUAL MILITARY EQUIPMENT REPORT 2023
Summary of how the military equipment was used and the purpose of its use:
23 SWAT Missions
Nine high risk search/arrest warrants
Four critical incident call-out (hostage rescue/barricaded subject)
One dignitary protection detail (Presidential visit –First Lady 2-day visit)
Nine Quick Reaction Force (QRF) deployments
168 Unmanned Aerial Vehicle (drone) deployments
SWAT Team assists, open area searches, high risk contacts, large events, HOT
encampment checks, missing persons searches, agency assists
During calendar year 2023, there were no internally or externally generated complaints for policy violations related to the use of military equipment.
Item 1 - AB481
{city of
Carlsbad
PROPOSED POLICY CHANGE
708.5.1 The police department will replace, as needed, any
existing approved military equipment with the equipment of
the same make and model, or if unavailable, with
substantially similar equipment which will be subject to the
same requirements as the replaced equipment.
708.5.1 (addition) The Police Department may acquire
additional equipment and munitions of the types (or
substantially similar types) contained in Appendix A. The
quantity for each type of equipment and munition in Appendix
A is not intended as a cap on the number that may be
acquired.
Item 1 - AB481
{city of
Carlsbad
qUESTIONS?
AB
4
8
1 Questions?
{ City of
Carlsbad