Home Pittsburg Pittsburg City Council Set to Discuss Adopting Military Equipment Use Policy

Pittsburg City Council Set to Discuss Adopting Military Equipment Use Policy

by ECT
Pittsburg Police SWAT

The Pittsburg City Council is set to introduce an ordinance for Military Equipment Use for the Pittsburg Police Department in response to Assembly Bill 481.

Assembly Bill 481 was approved by Governor Gavin Newsom in 2021, which adds section 7070 through 7075 of the Government Code. Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a military equipment use policy prior to continuing use of and taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

According to the Staff Report, there is no fiscal impact because the cost of the current equipment is presently funded and included in the Fiscal Year 2022/2023 budget. No new equipment that is applicable to Assembly Bill 481 is slated for purchase during the listed timeframe.

AB 481 was authored by Assembly Member David Chiu (D-San Francisco) to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment.”

This bill requires law enforcement agencies, including the Pittsburg Police Department, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

Furthermore, AB 481 requires similar approval for the continued use of “military equipment” acquired by the Pittsburg Police Department prior to January 1, 2022, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

STAFF ANALYSIS
The term “military equipment”, as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, less lethal 40mm kinetic energy launchers, chemical munitions, and diversionary devices.

The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. The Pittsburg Police Department utilizes equipment that falls within the definitions listed in AB 481 and this equipment is detailed on the PPD Draft Equipment List

Draft Military Equipment List:

  • 4 Unmanned Aerial Vehicles (Drones)
  • Armored Personnel Carrier
  • Command and Control Vehicle (2007 Wells Cargo Model EW3225W Command Center Trailer)
  • Command and Control Vehicle (2015 Forrest River
  • Specialized Firearms and Ammunition (11 different firearms listed)
  • Diversionary Device “Flashbangs” (50)
  • Chemical Agents “Tear Gas”

According to the Ordinance:

WHEREAS, Assembly Bill 481 was passed by the State Legislature and approved by the Governor in 2021, adding Sections 7070-7075 to the California Government Code requiring each local police department to obtain approval from the City Council of a military equipment use policy prior to seeking funds for, acquiring, collaborating with other jurisdictions about the deployment of military equipment as defined, using military equipment, or requesting excess U.S. Department of Defense military equipment; and

WHEREAS, California Government Code Section 7071(a)(2) requires a law enforcement agency to commence a city council approval process no later than May 1, 2022; and

WHEREAS, in compliance with Government Code Section 7071(b), the proposed military equipment use policy was made available on the Pittsburg Police Department website on March 17, 2022, which is at least 30 days before the April 18, 2022, meeting of the City Council.

NOW, THEREFORE, the City Council of the City of Pittsburg Does ORDAIN as follows:

    1. The military equipment set forth in Pittsburg Police Department Policy 706 “Military Equipment Funding, Acquisition and Use Policy” is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
    1. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
    1. If purchasing the equipment identified in the policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
    1. 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.

Section 2. Approval. The City Council approves the Pittsburg Police Department Policy 706 “Military Equipment Funding, Acquisition and Use Policy,” attached as Exhibit A to this Ordinance.

Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.

Section 4. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 5. Publication. The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on April 18, 2022, and was adopted and ordered published at a meeting of the City Council held on ______, 2022, by the following vote

 

City Council Documents:

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1 comment

Back the Blue! Apr 10, 2022 - 10:52 am

Makes perfect sense for a bunch of people who have no clue about tactical operations to decide what tools the pros can use. Then when things turn bad they will blame the officers. All of the tools mentioned are ways to help resolve situations without killing anyone. This shit is ridiculous!

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