CC Resolution 13152 - 2023 Military Equipment Annual Report •
RESOLUTION NO. 13152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CONTINUED USE OF MILITARY EQUIPMENT AFTER REVIEWING
THE 2023 MILITARY EQUIPMENT ANNUAL REPORT IN COMPLIANCE WITH ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill
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 Campbell Police Department is in possession of certain items of equipment that
qualify as "military equipment" under AB 481; and,
WHEREAS, the City Council of the City of Campbell on May 3rd, 2022, having received the
information required under AB 481 regarding the Campbell Police Department's use of military
equipment as defined in AB 481, deemed it to be in the best interest of the City to approve the
Military Equipment Policy with their adoption of Ordinance 2280; and,
WHEREAS, the Police Department submitted an annual military equipment report to the City
Council, containing the information required in Government Code Section 7072, for the City
Council to determine whether each type of military equipment identified in the annual report has
complied with the standards for approval set forth in Ordinance 2280; and,
WHEREAS, the City Council reviewed Ordinance 2280, the 2023 Military Equipment Annual
Report, and voted to approve the continued use of the military equipment, in accordance with
Government Code Section 7071(e)(2).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell authorizes
the continued use of military equipment after reviewing the 2023 Military Equipment Annual
Report in compliance with Assembly Bill 481.
PASSED AND ADOPTED this 7th day of May, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
t-LIJ)
Susan M. Lan ry, Mayor
ATTEST:
(Amata
Andrea Sand h s, City Clerk
Policy Campbell Police Department _
709 Campbell 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.
Military equipment— 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.
• TASER®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.
•
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Published with permission by Campbell Police Department
Campbell Police Department
Campbell PD Policy Manual -
Military Equipment
709.2 POLICY
It is the policy of the Campbell Police 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 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 allied agency that may use military equipment within the
jurisdiction of Campbell 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.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See Attachment: Campbell Police Department AB481 Military Equipment Inventory.pdf
709.5 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 policy. As part of the approval process, the
Chief of Police 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):
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Published with permission by Campbell Police Department
Campbell Police Department
Campbell 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
The Campbell Police Department works closely with local, county, state, and federal partners. In
exigent circumstances, and with the approval of the Chief of Police or designee, military equipment
may be deployed from outside entities to promote the safety and security of community members.
If the Police Department acquires, borrows, or uses military equipment in exigent circumstances,
it will provide written notification of the acquisition or use to the City Council within 30 days
following the commencement of such exigent circumstance, unless such information is confidential
or privileged under local, state or federal law.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy,the Chief of Police 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 Chief of Police 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 military equipment.
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