Loading...
HomeMy WebLinkAbout220426_Item 6.2_Council ReportRECOMMENDATION DATE: April 26, 2022 CATEGORY: Public Hearing DEPT.: City Attorney's Office, Police Department TITLE: Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Introduce an Ordinance of the City of Mountain View Adding Section 2.69.3, Entitled "Military Equipment Policy," to the Mountain View City Code in Compliance with Assembly Bill 481, to be read in title only, further reading waived, and set second reading for May 10, 2022 (Attachment 1 to the Council report). DISCUSSION On September 30, 2021, Governor Newsom signed a series of police reform bills, including Assembly Bill 481 (AB 481), which states the public has a right to know and participate in the decision-making processes related to the funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability, and oversight. AB 481 calls for local agencies to give strong consideration to the public's welfare, safety, civil rights, civil liberties, and public input. Furthermore, the legislation requires that local law enforcement agencies, which seek to continue the use of military equipment acquired prior to January 1, 2022, accomplish the following: Draft a military equipment funding, acquisition, and use policy that describes each piece of military equipment and the authorized uses for each piece of equipment; 2. Seek approval of the policy from their governing body by ordinance for the continued use of existing military equipment before acquiring new military equipment or seeking funds for equipment purposes; and 3. Make publicly available any proposed or final military equipment use policy, for as long as the military equipment is available for use, on the agency's website. Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 2 of 10 At least annually, following the adoption of the Military Equipment Funding, Acquisition, and Use Policy, the law enforcement agency shall: 1. Prepare an annual military equipment report with at least one "well-publicized and conveniently located community -engagement meeting" to allow for public discussion of the report; and 2. Present the policy for review, renewal, and approval at a Regular Meeting of the governing body. During this review, the governing body shall consider the Annual Report and determine whether each type of military equipment has complied with specified standards for approval. AB 481 requires that the process for adopting the Military Equipment Funding, Acquisition, and Use Policy commence no later than May 1, 2022. The purpose of this Ordinance is to formally approve the draft policy. If the City Council does not approve the continuing use of military equipment within 180 days of submission of the proposed policy, the Mountain View Police Department (MVPD) must cease its use of the military equipment until MVPD receives City Council approval in accordance with AB 481. AB 481 Definition of Military Equipment AB 481 defines "military equipment" as follows and differentiates the equipment by category: • Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2: Mine -resistant, ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. • Category 3: High -mobility multi-purpose 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. • Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. • Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6: Weaponized aircraft, vessels, or vehicles of any kind. Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 3 of 10 • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. • Category 8: Firearms of .50 -caliber or greater. However, standard -issue shotguns are specifically excluded from this subdivision. • Category 9: Ammunition of .50 -caliber or greater. However, standard -issue shotgun ammunition is specifically excluded from this subdivision. • Category 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. • Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles. • Category 12: "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service -issued handheld pepper spray. • Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device (LRAD). • Category 14: The following projectile launch platforms and their associated munitions: 40 -millimeter projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. • Category 15: Any other equipment as determined by a governing body or a State agency to require additional oversight. AB 481 does not prohibit law enforcement from obtaining and using the above equipment; rather, it creates a public process for obtaining approval of these types of equipment and their authorized uses. As described further below, MVPD possesses equipment in eight of the 15 categories listed. Current MVPD Equipment Meeting Military Equipment Designation The MVPD carefully assesses what equipment is needed to accomplish the objectives of saving lives, protecting law enforcement personnel, reducing risk for the City, and enhancing public safety. Certain equipment is also beneficial in providing information and creating cover, distance, and time that help to slow down the decision-making process during critical incidents (defined as Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 4 of 10 any event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety, or well-being of a community member). This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved. In general, all of the equipment listed below is highly specific in its use and is not carried day-to-day (the exception being patrol AR -15 rifles, which are stored and locked in each patrol vehicle). Items below may be used a few times a year, and their deployment automatically triggers notifications up the chain of command. More information about frequency of use for various types of equipment is provided below, following the equipment list. Many of the items designated by AB 481 as military equipment have been in MVPD's equipment inventory for decades. The MVPD's operating procedures and training program instructs staff in the proper use of this equipment. The following table summarizes the types of military equipment in the MVPD's possession along with examples of how this equipment has and can be utilized. Category 1—Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles In use by the MVPD since September 11, 2019. Purpose Authorized Use Examples of Uses To remotely gain Only assigned operators who • Disaster response and visualization of a scene have completed the required damage assessment. or incident to help FAA training and certification provide information. shall be permitted to operate • Locate missing persons and the equipment. rescue events. (These are commercially available drones which Use is established/authorized • Identify, locate, and are not weaponized.) by the Incident Commander. apprehend noncompliant, When and where it can fly is threatening, or combative used pursuant to MVPD persons who pose a threat of Policy No. 613, Unmanned injury or death to themselves, Aerial System (UAS) others, or officers. Operations. • Locate fleeing suspects. • Video/photographic documentation of crime. • Roof inspections of City -owned buildings (by Public Works Department). Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 5 of 10 Category 5—Command and Control Vehicle In use by the MVPD since April 25, 2017. Purpose To serve as a mobile command post at critical incidents (such as barricaded subjects, SWAT operations), disasters, or special events. Authorized Use The vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle, which is similar to a commercial bus or recreational vehicle. (It is not a military -grade vehicle.) Category 7—Explosive Breaching Equipment Acquired in 2002. Purpose To create an entryway into a building during emergency hostage rescue situations. Authorized Use Used only by a SWAT officer specifically trained and certified in its use. Deployment of this equipment requires specific authorization from Incident Commander. Examples of Uses • Provide safe, secure workspace for staff on scene of a crime or critical incident. • Mobile office for Shoreline Amphitheatre events or special events downtown. • Carry equipment needed at incident or event sites. Example of Use Creating a hole in a wall or door that would allow for immediate entry by a SWAT team to rescue hostages. Categories 8, 9, and 10—Specialized Firearms and Ammunition, and Rifles In use by the MVPD since early 1990s. Purpose I Authorized Use Examples of Uses To address a threat with more precision and/or at greater distances than possible with a handgun. Only personnel that are POST -certified are authorized to use a rifle. All officers are trained and certified to carry and operate patrol AR -15 rifles. Certain equipment requires completion of standard SWAT Operator training and/or a POST certified sniper course. Currently, only two MVPD officers are certified to use sniper rifles. • Stopping automobiles being used as weapons. • Addressing imminent threat to life (e.g., active shooter incidents, someone using a deadly weapon). • When the officer is faced with a situation that may require accurate and effective fire at long range. Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 6 of 10 Categories 12 and 14—Less Lethal Launchers and Ammunition and Chemical and Nonchemical In use by the MVPD since early 1990s. Purpose Authorized Use Examples of Uses To apply a lawful, less Only personnel who have Nonlethal tool (e.g., bean lethal use of force with completed the required bag, pepperball, or the intent to subdue a training are authorized to use 40 -millimeter rubber baton) subject and/or render the equipment. Certain to stop a subject at various them nonthreatening. equipment requires 24 -Hour distances. Less -Lethal Instructor course, Noise -Flash Diversionary and/or a 40 -Hour Chemical Device to create a temporary Devices: To create a Agent Instructor course. diversionary tactic when diversion to allow for the trying to take a dangerous safe entry and/or arrest Diversionary Devices require suspect into custody. or rescue during tactical commander approval emergency situations. and officers trained, This equipment is specifically, to employ them specifically designed to in a manner to avoid injury to not create projectiles or anyone inside a location be incendiary in nature. when used. Frequency of Equipment Use As mentioned above, most of the equipment covered by AB 481 is for limited, specific use and is used infrequently, as further described below: • Drones: Used a few times last year. In one incident, a drone was deployed to help give the MVPD key information to rescue a couple trapped in their second -floor room when an intruder broke into their house. In another deployment, it was used to fly over the home of a cold -case homicide suspect just prior to officers arriving to serve an arrest and search warrant. This was done to give officers awareness of what may be around the house and, in case the suspect fled, allowing for a safer way to follow and apprehend the suspect. MVPD staff presented a Study Session to the City Council on a proposed drone program in April 2019. Council adopted Policy K-23, Use of Unmanned Aircraft Systems, in September 2019 regarding use of drones by City staff. MVPD's use of drones complies with this policy. • Mobile Command Vehicle: Deployed last year in the incident described above to help coordinate the rescue of the couple trapped in their house. The MVPD also deploys it at special events around the City and concerts at Shoreline Amphitheatre to allow MVPD leadership a place to meet and oversee events. Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 7 of 10 • Noise -Flash Diversionary Devices: Generally deployed infrequently and exclusively by specially trained SWAT officers at high-risk incidents. The MVPD averages one to three SWAT activations per year. Recently, officers were attempting to arrest suspects wanted in a drive-by shooting on EI Camino Real. The suspects were not surrendering, and officers used flash -bangs to create a sound and light diversion to enter the house safely and arrest the suspects. • Chemical Munitions: Though the SWAT team trains with chemical munitions annually, the MVPD has not deployed chemical munitions for over two decades. Chemical munitions provide alternative tactics to encourage peaceful surrender of armed or barricaded subjects. • Sniper Rifles: Sniper rifles can only be deployed by specifically trained SWAT officers (currently two within MVPD). The sniper officers' primary duty is to observe and provide information to department leadership during a critical incident, but they may use their rifles if there is an imminent threat to life. Sniper officers train and qualify on a monthly basis. The last time they were deployed was in 2017 to provide observation of a subject known to carry assault weapons, who was under the influence of drugs, and had broken into a house and barricaded himself. • Explosive Breaching Equipment: Like sniper rifles, explosive breaching equipment may only be used and deployed by specified staff. Currently, there is one officer on the SWAT team who is trained and certified in its use. This equipment has never been deployed by the MVPD as there has not been a critical incident that has required its use. Current Policies and Procedures for Equipment Purchase and Use Funding for the purchase of MVPD equipment is approved by the City Council at a high level as part of the budget adoption process. MVPD adheres to City purchasing policies and procedures when procuring its equipment. The use of equipment is governed by MVPD Policy No. 300, Use of Force and Deescalation Policy, and Policy No. 308, Control Devices and Techniques. In addition, California Peace Officer Standards and Training (POST) establishes requirements for operation and deployment of this equipment, and compliance with these requirements is managed by the MVPD's Special Weapons and Tactics Team and the Range Cadre. In many cases, as new legislation and tools are deployed, MVPD participates in POST vendor -provided trainings or cross -training with neighboring law enforcement agencies. All MVPD policies and procedures that govern safe -handling, storage, and qualification related to specified equipment remain in effect. This includes, but is not limited to, California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators; Bureau of Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 8 of 10 Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials; and ATF oversight of Noise -Flash Diversionary Devices. Draft MVPD Military Equipment Purchase and Use Policy The MVPD's existing procedure manual addresses appropriate use and deployment of controlled equipment while taking into consideration the protection of civil rights and civil liberties. AB 481 requires law enforcement agencies to publicly release a written document governing the use of military equipment by a law enforcement agency or a State agency that addresses, at a minimum, the topics described above. The Policy must be approved by a City Council -adopted ordinance, with the following findings: • The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; • The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; • 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; and • 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. In accordance with AB 481, this report includes the draft policy, which was distributed to the City Council and posted on the City's website prior to the City Council meeting where the following items are reviewed: • The quantity possessed for each type of military equipment as of the date of the annual report; • Summary of how the military equipment was used and the purpose of its use; • Summary of any concerns or complaints received involving the use of military equipment; • The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 9 of 10 • Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs; and • Acquisition plans (including source of funds) for the coming year, type, and quantity. The draft Military Equipment Funding, Acquisition, and Use Policy includes each element required per AB 481 and includes an inventory of military equipment in the MVPD's possession effective January 1, 2022. As any future purchases are made, equipment which meets the military equipment designation will be added to the inventory list and included in the annual report. Community Engagement MVPD exceeded the requirements of AB 481 and conducted a discussion at the March 24, 2022 meeting of the Public Safety Advisory Board (PSAB). Overall, PSAB members were supportive of the continued use of the Police Department's existing equipment, particularly in response to critical incidents. PSAB members asked clarifying questions regarding particular types of equipment and their uses, mutual aid, and the use of military equipment belonging to other jurisdictions. One community member suggested the annual report also be presented to PSAB. Staff supports this recommendation. FISCAL IMPACT There is no fiscal impact in adopting this Ordinance and the Military Equipment Funding, Acquisition, and Use Policy. rnNri i icinN AB 481 requires each law enforcement agency's governing body to adopt a military use policy by ordinance in order to continue the use of this previously acquired equipment. The policy describes each piece of military equipment and the authorized uses for each piece of equipment. If adopted, the MVPD will prepare an annual military equipment report to include each use of military equipment, any complaints received, and any internal audits or other information about violations of the policy. Annually, at a regular meeting of the City Council, the policy will be presented for review and renewal. ALTERNATIVES 1. Decline to introduce the ordinance. 2. Provide other direction. Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy April 26, 2022 Page 10 of 10 PUBLIC NOTICING—Agenda posting. Prepared by: Megan Marevich Assistant City Attorney Christopher S. Hsiung Police Chief M M-CSH/4/CAM 018-04-26-22CR 201800 Approved by: Jannie Quinn Interim City Attorney Kimbra McCarthy City Manager Attachments: 1. Ordinance 2. Draft Police Department Policy No. 706—Military Equipment Funding, Acquisition, and Use Policy, Including AB 481 Defined List of Military Equipment in MVPD's Possession Attachment 1 CeCInI_WL44M06l AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW ADDING SECTION 2.69.3, ENTITLED "MILITARY EQUIPMENT POLICY," TO THE MOUNTAIN VIEW CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481") (creating Government Code, Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and WHEREAS, the Mountain View Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process applicable to the Mountain View Police Department's use of such equipment; and WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance and reviewed annually; and WHEREAS, the City Council of the City of Mountain View, having received the information required under AB 481 regarding the Mountain View Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein; Ll(/4/ORD 014 -04 -26 -22o -so -1- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2, Article IV, Division 1, Section 2.69.3, of the Mountain View City Code is hereby added to read as follows: "SEC. 2.69.3. - Military equipment policy. a. The city council has made the following determinations: 1. The military equipment inventoried and presented to the city council 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 ("Policy") will safeguard the public's welfare, safety, civil rights and civil liberties; 3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); 4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) 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. b. The Policy was considered by the city council as an agenda item in an open session of a regular meeting and noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted. c. The Policy shall be made publicly available on the Mountain View police department's website for as lone as the military eauipment is available for use. d. The Mountain View police department shall submit an annual military equipment report to the city council containing the information required in California Government Code, Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Paragraphs (a)(1)-(4) above. e. The city council shall review this ordinance and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with California Government Code Section 7071(e)(2). f. The city council approves the use of the Policy and finds that it satisfies the requirements of California Government Code Section 7070(d). I Ll(/4/ORD 014 -04 -26 -22o -so -2- Section 2. The provisions of this ordinance shall be effective thirty (30) days from and after the date of its adoption. Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and that a single publication be made to the official newspaper of the City of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the proposed ordinance are posted. Section 5. This ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15O6O(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly). LK/4/ORD 014 -04 -26 -22o -so -3- Mountain View Police Department Attachment 2 Mountain View PD Policy Manual Military Equipment 709.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 709.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The elected or appointed body that oversees the Department. California Government Code Defined Military Equipment Categories — Includes, but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • 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. • Tracked armored vehicles that provide ballistic protection to their occupants. • 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. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASERO Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol, LLC 2022/03/19, All Rights Reserved. Military Equipment - 1 Published with permission by Mountain View Police Department Mountain View Police Department Mountain View PD Policy Manual Military Equipment 709.2 POLICY It is the policy of the Mountain View Police Department (MVPD or Department) that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR The Police Chief 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 allied agency that may use military equipment within the jurisdiction of Mountain View Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 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 Police Chief 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. 709.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department. See attachment: 709.4 Military Equipment Inventory.pdf 709.5 APPROVAL The Police Chief or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Police Chief or the authorized designee shall ensure the proposed military equipment 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 policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): Copyright Lex ipol, LLC 2022/03/19, All Rights Reserved. Military Equipment - 2 Published with permission by Mountain View Police Department Mountain View Police Department Mountain View PD Policy Manual Military Equipment (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. 709.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT Upon approval of a military equipment policy, the Police Chief or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Police Chief or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 709.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of the military equipment. Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means: (a) Via email to: PSU(u-)mountainview.gov. Copyright Lex ipol, LLC 2022/03/19, All Rights Reserved. Military Equipment - 3 Published with permission by Mountain View Police Department Mountain View Police Department Mountain View PD Policy Manual Military Equipment (b) Via phone call to: 650-903-6728. (c) Via mail sent to: Mountain View Police Department Attn: Professional Standards Unit 1000 Villa Street Mountain View, CA 94041 The Mountain View Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. Attachments Mountain View PD Policy Manual 709.4 MILITARY EQUIPMENT INVENTORY Categories of Military Equipment (Government Code § 7070(c)) *Categories in bold contain items in MVPD's inventory 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 multi-purpose 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 that are designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8) Firearms of .50 caliber or greater. However, standard -issue shotguns are specifically excluded from this subdivision. 9) Ammunition of .50 caliber or greater. However, standard -issue shotgun ammunition is specifically excluded from this subdivision. 10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard -issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency. 11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service -issued handheld pepper spray. 13) Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device (LRAD). 14) The following projectile launch platforms and their associated munitions: 40 mm 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. Military Equipment Inventory Unmanned Aerial System (UAS)/Drones (Category 1) Equipment Name: Mavic 2 Enterprise Dual with Forward Looking Infrared (FLIR) UAS (Unmanned Aerial System) Purchase Cost: The initial cost of equipment, licensing, software, and training was approximately $12,000, which was previously approved by the City Council. Quantity Owned: 2 Acquired: May 2020 Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by FLIR and optical zoom lenses. Manufacturer Product Description: DJI Mavic 2 Enterprise Dual with FLIR UAS System is a business -level, foldable, portable, long- range flying camera and accessory system that adapts well to uses by first responders and businesses that routinely inspect hard -to -reach assets. The four motors system allows the craft to fly for up to 31 minutes on a single battery. The craft has a top speed of 44 MPH, making it ideal for tracking operations or fights over large areas. This is not a military -grade item and weighs less than two pounds. Purpose/Authorized Uses: UAS/Drones may be used to enhance the MVPD'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 (e.g., missing person); critical incidents (e.g., barricaded, hostage, and active shooter); bomb investigation; traffic accident reconstruction; crime scene reconstruction; and "hot pursuits" of suspects. The system allows officers to safely respond to incidents and view potentially dangerous situations in a safe manner. In addition, the UAS Systems can be used to assist other City departments with tasks such as fire suppression efforts and City Building roof inspections. Additional requirements are listed in the Unmanned Aerial System Operations Policy 613. Fiscal Impact: Ongoing costs associated with UAS operation is estimated to be approximately $15,000 per year. Some minor maintenance of the systems is performed by in-house staff at no additional cost. Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. 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. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. In addition, City Council Policy K-23, Use of Unmanned Aircraft Systems, regulates the use of drones by City staff. Training Required: Prior to piloting any UAS/Drone staff members must obtain basic operator training. Robot (Category 1) Equipment Name: Robotex Avatar Robot Purchase Cost: $20,000 Acquired: 2003 Lifespan: 10 to 15 years Quantity Owned: 1 Equipment Capabilities: This equipment is a battery -powered, remote -operated device equipped with two cameras and two-way radio capabilities. This equipment is for use during high-risk incidents. Use is limited to members of the Department SWAT Team. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are any other people inside that need assistance. The two-way speakers can be used to communicate with anyone inside a location. Purpose/Authorized Uses: To be used to gain visual/audio information from a safe distance. This makes the situation safer for both the subject and officers and helps accomplish tasks, such as clearing buildings in a way that reduces the safety risk to both Officers and the community. Only assigned operators who have completed the required training are permitted to operate the robot. Fiscal Impact: No known annual maintenance cost. Legal/Procedural Rules Governing Use: Any use of the robot is established by the Incident Commander. All other applicable MVPD policies remain in effect, to include, but are not limited to, MVPD Policy 322, Search and Seizure. Training Required: Prior to operating the robot, an operator must complete in-house operator training. III. Command and Control Vehicle (Category 5) Equipment Name: Command Control Vehicle Purchase Cost: $536,000 Quantity Owned: 1 Acquired: 2016 Lifespan: Approximately 12 years Equipment Capabilities: MVPD's Mobile Command Vehicle is similar to a large recreational vehicle which is set up with multiple desk and meeting areas. It can be driven to most locations within the City of Mountain View and used as a command post to help organize and manage emergency situations. Manufacturer Product Description: Freightliner MT55, 26,000 Ib GVWR with air -ride suspension. Features include: • Custom fabricated bench seating; • LDV Intel -I -Touch TM power and data electronics system to control strategic onboard systems; • 65" interactive display and multiple LED TVs and monitors throughout; • Weatherproof exterior access door to view LCD monitor; • Digital HDTV antenna, audio video switching system; • Mast and camera system; and • Radio, CAT6 computer network cable, cellular modem. Fiscal Impacts: The initial cost of vehicle and equipment was approximately $500,000 in 2016. Maintenance of the systems is performed by the City's Fleet Service. Annual costs are estimated to be $10,000. Purpose/Authorized Uses: Mobile command vehicles support the management of incidents and planned events by providing interior and/or exterior workspaces and command and control capabilities to the Incident Commander on -scene or at remote locations. Legal/Procedural Rules Governing Use: Use of the Mobile Command Vehicle is governed by local and State laws. Mobile Command Vehicle use is consistent with rules for a Class C driver's license in the State of California. Training Required: Two hours of training involving learning how to drive and deploy the vehicle. IV. Breaching Apparatus (Category 7) Equipment Name: Explosive Breaching Equipment Purchase Cost: Varies; see below for individual cost per equipment type Quantity Owned: See below for individual quantity per equipment type Acquired: See below for individual acquired dates per equipment type Lifespan: 5 years Equipment Capabilities: The MVPD Explosive Breaching Program was started in 2002. The Program was established to provide the SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. Purpose/Authorized Uses: To safely gain entry into a structure. This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. Fiscal Impact: The program is inexpensive to maintain. No new equipment is needed. Legal/Procedural Rules Governing Use: Use is established under MVPD Policy 423.3. It is the policy of the MVPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force. Training Required: The training consists of an 80 -hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test. The materials used for training are inexpensive. A typical training day will consist of 5 to 10 practice breaches. The material used for each breach is under $10. Inventory: Explosive breaching initiator—Activates the Nonel MS (blasting cap). Quantity: 2. Cost: $200. Obtained: 2002. No expiration. Nonel MS (Blasting cap)—Starts the explosive chain. Quantity: 150. Cost: $3.75 each. Obtained: 2002. No expiration. Primacord (50 grains per foot)—Primary explosive. Quantity: 3,000 feet. Cost: $695 for 2,000 feet ($0.34 per foot). Obtained: 2002. No expiration. V. Specialized Firearms and Ammunition (Category 10) Equipment Name: 5.56 mm Semiautomatic Rifles and Ammunition Purchase Cost: $62,639.28 Quantity Owned: 108 total (see below for inventory break -down per type) Acquired: Purchased in two phases beginning in 2002 Lifespan: Approximately 15 years Equipment Capabilities: Mountain View Police Department utilizes the Colt AR -15/M4 5.56 mm/.223 Remington semiautomatic rifle for both patrol and the SWAT Team. These rifles, equipped and locked in each patrol car, offer a higher degree of accuracy at a longer distance. The bullets used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. Suppressors are attachments that can be added to the ends of rifles to muffle the sound a rifle makes when it is fired. Inventory: Colt AR -15/M4 Rifles—Air-cooled, gas -operated, semiautomatic rifle which uses 5.56 ammunition. Quantity: 88. Surefire rifle suppressers for SWAT rifles. Quantity: 12. M16 Rifles—Backup surplus items (a batch of 20 rifles were procured from the military for free under their 1033 surplus equipment program. They are functionally almost identical to the Colt M4s referenced above). Quantity: 20. Purpose/Authorized Uses: Officers may deploy the patrol or SWAT rifle in a situation where the Officer reasonably believes that the rifle may be needed. Examples of situations for deploying the patrol rifle may include, but are not limited to: where the Officer reasonably anticipates contact with a person who is in possession of a firearm; when an Officer is faced with a situation that may require accurate and effective fire at a long distance (generally a distance greater than 25 yards); where an Officer reasonably expects the need to meet or exceed a suspect's firepower (firepower refers to the type of firearms and ammunition the suspect is believed to have in their possession); when an Officer reasonably believes that there may be a need to use the rifle for a situation involving a barricaded person or a person with a hostage; and when an Officer reasonably believes that a suspect may be wearing body armor. Fiscal Impact: The ongoing costs for ammunition will vary and maintenance is conducted by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. Training Required: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. SWAT Firearm Instructors attend a 40 -hour POST -approved rifle instructor class, and SWAT personnel must attend an 80 -hour basic SWAT Team course. VI. Saecialized Firearms and Ammunition (Cateaory 10 Equipment Name: .308 Caliber Sniper Rifle Purchase Cost: $7,800. Quantity Owned: 2 Acquired: January 20, 2021 Lifespan: Approximately 15 years Equipment Capabilities: The sniper rifle is capable of firing a .308 caliber bullet. Manufacturer Product Description: .308/7.62 with 20" barrel, semiautomatic, magazine -fed sniper rifle. Purpose/Authorized Uses: This rifle may only be used by a SWAT Officer trained and certified to be a sniper (MVPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life. Examples of situations for deploying the rifle may include, but are not limited to: where the Officer reasonably anticipates an armed encounter; when the Officer is faced with a situation that may require accurate and effective fire at a long distance; where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; and when an Officer reasonably believes that a suspect may be wearing body armor. Fiscal Impact: The ongoing costs for ammunition will vary and maintenance is conducted by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. Training Required: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST -certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy. VII. Specialized Firearms and Ammunition (Categories 8 and 9) Equipment Name: .50 Caliber Semiautomatic Rifle and Ammunition Quantity Owned: 1 Acquired: 2006 Lifespan: Approximately 15 years Equipment Capabilities: The sniper rifle is capable of firing a 7.62 mm projectile bullet. Manufacturer Product Description: LWRC .308/7.62 with 20" barrel, semiautomatic, magazine -fed sniper rifle. Purpose/Authorized Uses: MVPD SWAT is in the process of implementing a large -caliber sniper program. The Barrett .50 caliber rifle is paired with several ammunition types to address a variety of employment uses. The Barrett .50 caliber addresses a variety of strategic and tactical needs above and beyond what the issued .308 platform can address, including, but not limited to: stopping automobiles being used as weapons, especially large or armored vehicles and those known or reasonably suspected to contain vehicle -borne improvised explosive devices (VBIEDs); defeating bank glass and other heavy glass; and neutralizing a criminal sniper firing from a protected position, such as from behind concrete block or brick or a vertical building. Fiscal Impacts: The Barrett .50 caliber sniper rifle was seized in 2006 during a criminal investigation and now belongs to the MVPD. The MVPD has purchased 750 rounds of .50 BMG M33 NATO Ammunition 624 Grain Full Metal Jacket costing $2,679.88, and 220 rounds of Hornady .50 BMG H8270 Match Ammunition 750 Grain A -Max costing $1,608.34. The ongoing costs for ammunition will vary, and maintenance is conducted by Department staff. Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. This weapon and associated ammunition are not currently operational as MVPD is currently developing a specific policy around its use. Training Required: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST -certified sniper course, a 40 -hour large caliber rifle instructor course, as well as regular SWAT sniper training and qualifications as required by law and policy. VIII. Flashbangs (Category 12) Equipment Name: Noise Flash Diversionary Device (NFDD) or Flashbang Purchase Cost: $1,872 Quantity Owned: 48 Acquired: November, 2018 Lifespan: 5 years Equipment Capabilities: An NFDD, or flashbang, is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. Purpose/Authorized Uses: Flashbangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations. Fiscal Impact: No known annual maintenance cost. Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. Training Required: 8 -hour noise flash diversionary devices instructor school. IX. Flashbangs (Category 12) Equipment Name: Chemical Munitions Purchase Cost: See below for price per equipment type Quantity Owned: See below for inventory break -down per type Acquired: November, 2018 Lifespan: Approximately 5 years Equipment Capabilities: Chemical agent munitions can be used as a nonlethal tool to disperse rioting suspects and barricaded suspects. Purpose/Authorized Uses: Compel an individual to cease their actions when such munitions present a reasonable option; riot control to bring an objectively dangerous and unlawful situation safely and effectively under control; and deny a designated area to a suspect, force a suspect to move to a desired area, or to disorient a suspect. Fiscal Impact: No known annual maintenance cost. Legal/Procedural Rules Governing Use: All applicable State, Federal, and local laws governing police use of force. Various MVPD Policies on use of force and firearms. Training Required: 40 -hour chemical agent instructor course. Inventory: Def -Tech 40 MM Barricade Penetrator liquid CS chemical agent munition. Quantity: 20 rounds. Approximately $21 each, approximately $420 total. CTS 5230B Baffled CS chemical agent canister munition. Quantity: 30 canisters. Approximately $36 dollars per round, approximately $1,080 total. CTS 5230 CS chemical agent canister munition. Quantity: 10 canisters. Approximately $26 each, approximately $260 total. CTS 5231 CS Smoke Triple Phaser outdoor canister. Quantity: 5 canisters. Approximately $39 each, approximately $145 total. Def -Tech CS Riot Control continuous discharge canister. Quantity: 25 canisters. Approximately $24 each, approximately $600 total. CTS 4630 40 MM CS chemical agent muzzle blast—Riot control. Quantity: 5 munitions. Approximately $20 dollars each, approximately $100 total. Def -Tech CS chemical agent rubber handball munition (no projectiles). Quantity: 15 munitions. Approximately $32 each, approximately $480 total. X. Proiectile Launcher and Munitions (Cateaory 14 Equipment Name: Projectile Launchers and Associated Munitions (see below for each individual type) Purchase Cost: See below for cost per equipment type Quantity Owned: See below for quantity owned per equipment type Acquired: See below for acquired date per equipment type Lifespan: 5 years Equipment Capabilities: Less -lethal systems that use smokeless powder to deliver projectiles from a safe distance. Purpose and Authorized Use: To help deescalate and limit the escalation of conflict where effective without the need for lethal force. Situations for use of the less -lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous, and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved demonstrations. Fiscal Impact: No known annual maintenance cost. Legal/Procedural Rules Governing Use: Use is established under MVPD Policy 308. It is the policy of the MVPD to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force. Training Required: 24-hour less -lethal instructor course Inventory: FN303 Less -Lethal Launcher. Quantity: 2. Launches .68 caliber projectiles, including impact, paint, markers, OC powder, and training rounds. Chemical agents can be used to deny a designated area to a suspect, force a suspect to move to a desired area, and to disable or disorient a suspect. Approximately $1,200 each, approximately $2,400 total. 40 mm Single -Shot Launcher. Quantity: 2. Used to deploy less -lethal munitions and compel an individual to cease their actions when such munitions present a reasonable option. Approximately $900 each, approximately $1,800 total. 40 mm 4 -Shot Multi -Launcher. Used to deploy less -lethal munitions and compel an individual to cease their actions when such munitions present a reasonable option. Quantity: 1. Approximately $2,300. 12 -Gauge Shotgun Chemical Munition Launcher. Used to deploy chemical munition (Baffled CS chemical munition) to be used to deny a designated area to a suspect, force a suspect to move to a desired area, and to disable or disorient a suspect. Quantity: 1. Approximately $300. 40 mm Less -Lethal Sponge Round with no Chemical Agent. Quantity: 50 rounds. Approximately $18 per round, approximately $900 total. 40 mm Less -Lethal Sponge Round with CS Chemical Agent. Quantity: 40 rounds. Approximately $18 per round, approximately $720 total. 40 mm Less -Lethal Sponge Round with OC Chemical Agent. Quantity: 20 rounds. Approximately $18 per round, approximately $360 total. Less -Lethal .68 caliber projectiles, including impact, paint, markers, OC powder, and training rounds. Chemical agents can be used to deny a designated area to a suspect, force a suspect to move to a desired area, and disable or disorient a suspect. Quantity: Approximately 900 rounds of ammunition. Approximately $1,650. Baffled CS chemical agent canister munition. Quantity: 30 canisters. Approximately $36 per round, approximately $1,080 total.