DATE: June 25, 2024
TO: Mayor and City Council
FROM: Dustin Classen, Interim City Manager
Bryan Matthews, Chief of Police
SUBJECT: Military Equipment Use: Adopt a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2023 Through March 2024 and Renewing Ordinance 22-06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481
RECOMMENDATION
That Council: (1) Review the Hayward Police Department’s (HPD) Annual Military Equipment Use Report for April 2023 through March 2024 (Attachment II) identifying whether each type of military equipment identified in the report has complied with the standards for approval; and (2) Vote to renew Ordinance 22-06 (Attachment III) which adopts HPD’s Military Equipment Use Policy (Attachment IV).
SUMMARY
AB 481, which went into effect on January 1, 2022, requires California law enforcement agencies to obtain the approval of a Military Equipment Use Policy via the adoption of an Ordinance by their respective governing bodies before funding, acquiring, or using law enforcement equipment now defined under AB 481 as “military equipment.” Annually, thereafter, law enforcement agencies must submit a report to the Council on the use of Military Equipment for that year. Council must then, on an annual basis, review the annual report submitted by law enforcement pursuant to Gov’t Code § 7071(e)(2), and approve of the funding, acquisition and use of each type of military equipment. Subject to that review and approval, Council must also vote on whether to renew Ordinance 22-06.
In this case, Council adopted Ordinance 22-06, approving of Military Equipment Use Policy No. 206, on July 5, 2022. In accordance with AB 481, the Hayward Police Department then submitted its first annual Military Equipment Use Report to City Council on June 20, 2023, at a regularly scheduled City Council meeting, at which time the use of equipment in the report was approved and Ordinance 22-06 renewed.
Now, Council is again being presented with this year’s annual Military Equipment Use Report and being asked to do the following:
1. 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; and
a. The Standards for Approval are as follows: Council must find all of the following:
i. The equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
ii. Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties;
iii. If purchasing equipment-that the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective f officer and civilian safety;
iv. Prior military equipment use complied with Policy 706 that was effective at the time, or, if prior use did not comply, corrective action has been taken to remedy the nonconforming use and ensure future compliance.
2. Review Ordinance 22-06 and, subject to No. 1, vote on whether to renew the ordinance.
Notably, if Council determines, under No. 1, that a certain type of military equipment identified in the annual Military Equipment Use Report has not complied with the standards for approval, Council must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
Additionally, if Council does not renew Ordinance 22-06, the HPD must cease the use of all equipment defined as “military equipment,” which would be detrimental to the HPD and the safety of community members and officers alike.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Military Equipment Use Report
Attachment IV Ordinance 22-06
Attachment V Military Equipment Use Policy
Attachment VI Inventory List