REPORT TO THE CITY COUNCIL
FROM: MINDY CASTO, Chief of Police
Office of the Chief
BY: ROBERT BECKWITH, Acting Deputy Chief
Support Division Commander
SUBJECT
Title
Approve the renewal of the Fresno Police Department Annual Military Equipment Use Report as originally required by Assembly Bill 481, codified under Government Codes 7070-7075.
Body
RECOMMENDATION
Staff recommends that Council approve the renewal of the Fresno Police Department Annual Military Equipment Use Report. Approval of this Report would allow the Fresno Police Department to continue to utilize military equipment specified by Government Codes 7070-7075 in accordance with the Fresno Municipal Code requirements.
EXECUTIVE SUMMARY
Assembly Bill 481 (AB 481) was signed into law on September 30, 2021, taking effect on January 1, 2022, codified under Government Codes 7070-7075. The enacted legislation specifically defines the types of equipment for which approval must be obtained and once adopted, mandates annual reporting to the governing body to ensure compliance. On May 12, 2022, the City of Fresno adopted Ordinance No. 2022-10 Adopting a Policy for the Use of Military Equipment by the Fresno Police Department to meet the requirements set forth in AB 481.
To meet this mandate, the Fresno Police Department has drafted a comprehensive inventory of this military equipment as defined in Government Codes 7070-7075.
BACKGROUND
AB 481 established certain requirements that must be met before a law enforcement agency can acquire or use military equipment. Government Codes § 7072(a) requires that a law enforcement agency submit an annual military equipment report to the governing body for each type of military equipment for as long as the military equipment is available for use.
Government Codes 7070-7075 are intended to address the funding, acquisition, and use of military equipment by law enforcement agencies. Government Codes 7070-7075 seek to ensure more transparency, oversight, and accountability in the use and acquisition of police equipment which qualifies, by legislative definition, as military equipment.
Government Code § 7070(c) designates the following 15 categories of items as military equipment. These include:
Category 1. Unmanned, remotely piloted, powered aerial or ground vehicles.
Category 2. Mine-resistant ambush-protected vehicles or armored personnel carriers.
Category 3. 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.
Category 4. Tracked armored vehicles that provide ballistic protection to their occupants.
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.
Category 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
Category 9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Codes § 30510 and §30515, with the exception of standard-issue service weapons.
Category 10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
Category 11. Noise-flash diversionary devices and explosive breaching tools.
Category 12. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
Category 13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
Category 14. Kinetic energy weapons and munitions.
Category 15. Any other equipment as determined by a governing body or a state agency to require additional. oversight).
To meet the requirements of Government Codes 7070-7075, Fresno Municipal Code Chapter 5, Article 6 was adopted, establishing rules for the Fresno Police Department to find, acquire and use military equipment. In accordance with Government Code § 7071(a)(1), Fresno Police Department enacted policy 706, Military Equipment Funding, Acquisition and Use Policy.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable because this Annual Report is not subject to a competitive bid process.
FISCAL IMPACT
The budgeted funds allocated for military equipment expenditures represent a small fraction of the Department’s operating costs but provides an optimal level of safety during a variety of critical incidents. Some listed items on the Annual Report were purchased through government grants that contain language specifying how the funds may be spent.
Attachments:
2024 Military Equipment Annual Report
AB 481 Military Equipment Inventory