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Ordinance No. 1282ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING CHAPTER 9.06 TO TITLE 9 PUBLIC PEACE AND WELFARE TO THE VERNON MUNICIPAL CODE GOVERNING THE USE OF THE MILITARY EQUIPMENT SECTION 1. Recitals. A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies. B. 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. C. The Vernon Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment. D. AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment. E. The proposed Military Equipment Use Policy (Policy) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties. F. The Policy must be approved by the City Council by ordinance and reviewed at least annually thereafter. G. 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. H. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. I. 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. Ordinance No. 1282 Page 2 of 4 _______________________ J. The Vernon Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue. K. The Policy satisfies the requirements of Government Code Section 7070(d). L. The City Council of the City of the City of Vernon, having received the information required under AB 481 regarding the Vernon Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Use Policy. M. All legal prerequisites prior to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a project and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. Chapter 9.06 to Title 9 Public Peace and Welfare is hereby added to the Vernon Municipal Code to read as follows: Chapter 9.06 Military Equipment Use Policy. (a) The Military Equipment Use Policy shall govern the use of military equipment by the Vernon Police Department. (b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council. (c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d). (d) The City Council shall, on an annual basis and at a regular meeting thereof, review this policy and vote on whether to renew it pursuant to Government Code Section 7071(e)(2). (e) The definitions set forth in Government Code Section 7070 shall apply to this Chapter. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof. Ordinance No. 1282 Page 3 of 4 _______________________ SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 7. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this 21st day of June, 2022. _____________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney Ordinance No. 1282 Page 4 of 4 _______________________ I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1282 was passed and adopted by the City Council of the City of Vernon at the regular meeting on June 21, 2022 by the following vote: AYES: 5 Council Members: Davis, Merlo, Ybarra, Larios, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal) City Council Agenda Item Report Submitted by: Nicholas Perez Submitting Department: Police Department Meeting Date: June 21, 2022 SUBJECT Military Equipment Use Policy Recommendation: A. Conduct second reading and adopt Ordinance No. 1282 adding Chapter 9.06 to Title 9 Public Peace and Welfare to the Vernon Municipal Code governing the use of military equipment; and B. Adopt Vernon Police Department's Military Equipment Use Policy. Background: At the June 7, 2022 Regular City Council Meeting, the Vernon City Council introduced and conducted first reading of Ordinance No. 1282 which adds Chapter 9.06 to title 9 Public Peace and Welfare to the Vernon Municipal Code governing the use of military equipment. The ordinance summary was posted on the City's website on June 7, 2022, and will be published pursuant to legal requirements. Staff requests the City Council conduct second reading and adopt Ordinance No. 1282. Additionally, staff requests adoption of the related Military Equipment Use Policy (Policy), which was presented to the City Council at its regular City Council meeting on April 19, 2022 and posted on the Police Department’s webpage of the City's website on April 4, 2022. Fiscal Impact: The ordinance summary will be published pursuant to legal requirements. Adequate funds are available in the Publication/Advertisement Account No. 011.1003.550000. Attachments: 1. Ordinance No. 1282 2. VPD's Military Equipment Use Policy 3. Assembly Bill No. 481 4. Proof of Publication ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING CHAPTER 9.06 TO TITLE 9 PUBLIC PEACE AND WELFARE TO THE VERNON MUNICIPAL CODE GOVERNING THE USE OF THE MILITARY EQUIPMENT SECTION 1. Recitals. A.On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies. B.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. C.The Vernon Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment. D. AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment. E.The proposed Military Equipment Use Policy (Policy) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties. F.The Policy must be approved by the City Council by ordinance and reviewed at least annually thereafter. G.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. H.The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. I. 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. Ordinance No. 1282 Page 2 of 3 _______________________ J.The Vernon Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue. K.The Policy satisfies the requirements of Government Code Section 7070(d). L.The City Council of the City of the City of Vernon, having received the information required under AB 481 regarding the Vernon Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Use Policy. M. All legal prerequisites prior to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a project and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. Chapter 9.06 to Title 9 Public Peace and Welfare is hereby added to the Vernon Municipal Code to read as follows: Chapter 9.06 Military Equipment Use Policy. (a)The Military Equipment Use Policy shall govern the use of military equipment by the Vernon Police Department. (b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council. (c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d). (d) The City Council shall, on an annual basis and at a regular meeting thereof, review this policy and vote on whether to renew it pursuant to Government Code Section 7071(e)(2). (e)The definitions set forth in Government Code Section 7070 shall apply to this Chapter. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof. Ordinance No. 1282 Page 3 of 3 _______________________ SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 7. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this 21st day of June, 2022. _____________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 1 Vernon Police Department Vernon PD Policy Manual Military Equipment 707.1 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). 707.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Exigent Circumstance – a good faith belief by the Police Chief or designee that an emergency involving the danger or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur. Governing body – The elected or appointed body that oversees the Police 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-tontrucks,or wheeled vehicles that havea breachingorentryapparatusattached. •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. •Firearmsandammunitionof .50caliberorgreater,excluding standard-issueshotguns 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 handguns. •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. Policy 707 Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 2 Vernon Police Department Vernon PD Policy Manual Military Equipment 707.2 POLICY It is the policy of the Vernon Police Department (Department) that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member ofthis Department to act asthe military equipment coordinator.Theresponsibilitiesofthemilitaryequipmentcoordinatorincludebutare notlimitedto: (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 Vernon 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 andensuringthatthereportismadeavailableontheDepartmentwebsite(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. 707.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: Mobile Incident Command Vehicle (MIC):Area E Command Post (custom built Class A) vehicle. A vehicle used as a mobile office to provide a centralized shelter, access to Department computer systems, and restroom facilities during extended events. •Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. •Authorized Use: Only officers trained in the deployment and operations of the MIC are authorized to operate it. Situations in which the MIC is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters. Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 3 Vernon Police Department Vernon PD Policy Manual Military Equipment 40 mm Launchers and Rounds:40 mm Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds or to deploy chemical agents. •40 mm Single Shot Launcher, is a tactical single shot launcher which will launch a 40 mm less lethal round or deliver chemical agents. •40 mm Exact Impact Sponge, is a less lethal 40 mm lightweight plastic and foam projectile fired from a 40 mm launcher. •40 mm Direct Impact OC is a is a less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single 40 mm launcher. It delivers OC irritant upon impact. •40 mm Direct Impact Marking Round is a less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single 40 mm launcher. It delivers a marking agent upon impact. •Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: o Self-destructive, dangerous and/or combative individuals o Riot control and civil unrest incidents o Potentially vicious animals o Training exercises or approved demonstrations. •Authorized Use: Only assigned operators who have completed the required POST training shall be permitted to deploy the 40mm or the chemical agents. Less Lethal Shotgun:The less lethal shotgun is a 12-gauge shotgun that has been designated by an orange stock to be used to deploy the less lethal 12-gauge drag stabilized bean bag round. •Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: o Self-destructive, dangerous and/or combative individuals. o Riot/crowd control and civil unrest incidents. o Circumstances where a tactical advantage can be obtained. o Potentially vicious animals. o Training exercises or approved demonstrations. •Authorized Use: All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 4 Vernon Police Department Vernon PD Policy Manual Military Equipment Specialized Firearms and Ammunition: •Patrol Rifle: A rifle that fires a 5.56 mm or .223 caliber cartridge. The Vernon Police Department utilizes an approximate 11.5-inch barrel. The 11.5-inch short-barreled rifle allows a trained officer better control inside of structures, which allows the officer to have greater accuracy than a handgun. •9 mm Pistol Caliber Carbine (PCC): A 9 mm PCC is primarily used for training . •.223 Caliber/5.56MM rifle rounds, 9 mm Luger, .40 Smith and Wesson, .45 Automatic, .357 Magnum, and .38 Special, handgun rounds: The Vernon Police Department utilizes only new, commercially produced ammunition. Full Metal Jacket bullets are used specifically for range practice which also reduces fouling in the firearm. Duty ammunition is a specially designed hollow-point tip to have controlled expansion to limit over penetration. •Patrol Rifle Suppressors: A patrol rifle suppressor is designed to reduce the decibel level of the rifle to protect the hearing of the user and anyone near the use of the rifle. •Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. •Authorized Use: Only members that are Department certified are authorized to use a patrol rifle. Prior to using a patrol rifle, officers must be certified by Department range instructors in the operation of the firearm. Additionally, all members that operate any patrol rifle are required to pass a range qualification quarterly. Officers will only use departmental approved duty ammunition. PepperBall Launcher: A device that discharges irritant projectiles. •PepperBall Launcher: The PepperBall Launcher is a compressed-air powered launcher designed to fire less lethal PepperBall projectiles. The PepperBall Launcher is a hopper fed device. •PepperBall Projectile. The PepperBall projectile contains a concentrated amount of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. •Purpose: To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. Situations for the use of the less lethal weapon systems may include but are not limited to: o Self-destructive, dangerous, and/or combative individuals. o Riot/crowd control and civil unrest incidents. o Circumstances where a tactical advantage can be obtained. o Potentially vicious animals. o Training exercises or approved demonstrations. •Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 5 Vernon Police Department Vernon PD Policy Manual Military Equipment 707.5 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): (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)Acquiringmilitary equipmenteither permanentlyortemporarily, includingby 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)Usinganyneworexistingmilitaryequipmentfor apurpose,inamanner,orbyaperson not previously approved by the governing body. (f)Solicitingor respondingto a proposalfor, or entering into an agreementwith, 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. 707.6 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy. If the Police Department acquires, borrows, and/or uses Military Equipment in an Exigent Circumstance, in accordance with this section, it must take all of the following actions: •Provide written notice of that 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. •If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. •Include the Military Equipment in the Department’s next annual Military Equipment Report. Copyright Lexipol,LLC 2022/03/17,All Rights Reserved. Published with permission by Vernon Police Department Military Equipment - 6 Vernon Police Department Vernon PD Policy Manual Military Equipment 707.7 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. Military equipment deployed or used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies when rendering assistance. Situations may arise where Vernon Police Department may deploy or use military equipment owned by other law enforcement agencies. If the Department is in another jurisdiction under mutual aid or operational collaboration circumstances, Department members are required to adhere to the City of Vernon’s Military Equipment Use Policy and all applicable Department policies and procedures, regardless of operational jurisdiction. 707.8 ANNUAL REPORT Uponapprovalof amilitaryequipmentpolicy, theChiefofPoliceorthe authorizeddesignee should submit a military equipment report to the governing body for each type of military equipment approvedwithin one year of approval, and annually thereafterfor 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. 707.9 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. 707.10 COMPLIANCE PROCEDURE The Administration Lieutenant will ensure that all Department members comply with this policy. The Administrative Lieutenant will conduct an annual audit with the assistance of the Department’s Training Division. The Chief of Police or designee will be notified of any policy violations, and, if needed, the violation(s) will be referred to the Professional Standards Bureau and handled in accordance withVPDPolicy 1009 (Personnel Complaints). Any member of the public can register a complaint, question, or concern regarding military use equipment by contacting the Vernon Police Department's Administration via email at PDadmin@covpd.org.A response to the complaint, question, or concern shall be completed by the Department in a timely manner. Assembly Bill No. 481 CHAPTER 406 An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.] legislative counsel’s digest AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities, 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. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow 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. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 92 — 2 — Ch. 406 (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply: (a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff ’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following: (1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff ’s department. (3) A district attorney’s office. (4) A county probation department. (c) “Military equipment” means the following: (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 multipurpose 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 designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 — 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: 40mm 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. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 — 4 — Ch. 406 authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body. (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 pursuant to this chapter. (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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 — 5 — the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) 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. (D) 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. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406 to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 92 Ch. 406 — 7 — (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 — 8 — Ch. 406 result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. O 92 Ch. 406 — 9 — CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 HRG NOTICE OF HEARING Notice of Public Hearing - Military Equipment Use Policy 05/26/2022 Notice Type: Ad Description COPY OF NOTICE 3589563 !A000006025942! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing,which you may attend, at Vernon City Hall,City Council Chamber,4305 Santa Fe Avenue,Vernon,CA 90058,or via Zoom Webinar at http://www.cityofvernon.org/webinar-cc,in accordance with Assembly Bill 361,on Tuesday, June 7,2022,at 9:00 a.m.(or as soon thereafter as the matter can be heard),to: Consider an ordinance approving a Military Equipment Use Policy for the City of Vernon. Pursuant to California Government Code Section 7071 et seq.,the policy identifies Vernon Police Department items deemed “military equipment”under state law. Information regarding the proposed Military Equipment Use Policy,presented to the City Council at its regular City Council meeting on April 19,2022,is available on the City's website (cityofvernon.org).The proposed policy is also posted on the Vernon Police Department's webpage (https://www.cityofvernon.org/government/police- department/assembly-bill-481). The proposed ordinance will be available for public review on the City's website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323)583- 8811,ext.546.All interested persons will be given an opportunity to comment on the above- referenced item during the public hearing.In addition,written comment or questions may be submitted prior to the hearing as set forth below. Written testimony or questions must be received prior to 9:00 a.m.on the date of the hearing. Please send your comments or questions to: Robert Sousa,Chief of Police City of Vernon 4305 Santa Fe Avenue,Vernon,CA 90058 (323)583-8811 ext.114 Email:PDadmin@covpd.org If you challenge the ordinance adopting the proposed Military Equipment Use Policy or any provision thereof in court,you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. In compliance with the Americans with Disabilities Act (ADA),if you need special assistance to participate in the meeting,please contact the Office of the City Clerk at (323)583-8811 ext. 546. The hearing may be continued,adjourned,or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated:May 23,2022 /s/ Lisa Pope,City Clerk Publish:May 26,2022 5/26/22 PRE-3589563# HUNTINGTON PARK BULLETIN This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature HUNTINGTON PARK BULLETIN 3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010 (323) 556-5720 (213) 835-0584 PRE 3594327 LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA - 90058 ORD - ORDINANCE PUBLICATION Ordinance No. 1282 Adoption Summary I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the HUNTINGTON PARK BULLETIN, a newspaper published in the English language in the city of HUNTINGTON PARK, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 06/14/1943, Case No. 485073. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 06/16/2022 06/16/2022 LOS ANGELES !A000006047676! Email SUMMARY OF ORDINANCE No.1282 Ordinance No.1282 adds Chapter 9.18 to Title 9 Public Peace and Welfare to the Vernon Municipal Code Governing the possession,use, and acquisition of Military Equipment by Vernon Police Department to safeguard the public's health,welfare,safety,civil rights,and civil liberties. Ordinance No.1282 was introduced by the Vernon City Council at a regular meeting on June 7,2022.Second reading and adoption of the ordinance are scheduled for the Regular City Council meeting on June 21,2022,at City Hall, 4305 Santa Fe Avenue,Vernon,California.The full text of Ordinance No.1282 is on file in the City Clerk Department. 6/16/22 PRE-3594327# HUNTINGTON PARK BULLETIN