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Home My WebLink About766 (2)ORDINANCE NO. 766 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AND ADOPTING INVENTORY UPDATES OF MILITARY EQUIPMENT POLICY AS PART OF THE IRWINDALE POLICE DEPARTMENT POLICY MANUAL IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 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 by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070 subdivision (c); and WHEREAS, the Irwindale Police Department is in possession of certain items of equipment that may qualify as "military equipment" under Assembly Bill 481. Items deemed to be "military equipment" by AB 481 does not necessarily indicate that the items are only used by the military. Items deemed "military equipment" are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by agencies to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the City of Irwindale and surrounding communities; and WHEREAS, many of the items deemed to be "military equipment" by AB 481 are in fact employed by Irwindale Police Department, and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide Irwindale Police Department with vital tools that facilitate compliance with its stringent use of force policy; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy. The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department's use of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military Ordinance No. 766 Page 1 equipment within its jurisdiction only if it makes the determinations specified in Government Code Section 7071 subdivision (d); and WHEREAS, the military equipment use policy and supporting information must, upon adoption by ordinance, thereafter be approved by the City Council by ordinance and reviewed annually; and WHEREAS, the proposed military equipment use policy, including military equipment inventory, was prepared by the Irwindale Police Department and identified as °IPD Policy 705 — Military Equipment Policy" ("Policy 705"); and WHEREAS, the updated Irwindale Police Department's Policy 705 was published on the Irwindale Police Department's internet website at the following address: Department Policies I Irwindale, CA..-_ Official Website (irwindaleca.gov) on January 18, 2024 in compliance with Government Code Section 7071 subdivision (b); and WHEREAS, the Irwindale Police Department's Policy was presented to City Council on March 27, 2024; and WHEREAS, the Irwindale Police Department's Policy meets the requirements of California Government Code Section 7070 subdivision (d), and WHEREAS, the City of Irwindale City Council, having received the information required under Assembly Bill 481 regarding the Irwindale Police Department's use of military equipment as defined in said law, and making the specified determinations required under Government Code Section 7071 subdivision (d), desires to deem it in the best interest of the City to approve the Irwindale Police Department's Military Equipment Use Policy as set forth herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The Recitals above are true and correct and incorporated herein by reference. SECTION 2. The Irwindale Police Department "IPD Policy 705 — Military Equipment Use Policy," and this Ordinance were noticed in accordance with the Ralph M. Brown Act, considered by the City Council as an agenda item in an open session of a regular meeting, and at which time public comment was permitted. SECTION 3. This Ordinance was adopted pursuant to the provisions set forth in Government Code Section 36937(b) and took effect March 27, 2024 for the preservation of the public peace, health, and safety. The City Council of the City of Irwindale finds that there is a significant public interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. Loss of these items would pose an immediate threat to the public health, safety, and welfare because there is an immediate need to protect the welfare of citizens and peace officers within the City of Irwindale and surrounding communities. The use of the tools/equipment identified in the Ordinance No. 766 Page 2 Equipment Use Policy are vital to Irwindale Police Department's mission and will continue to be strictly regulated through internal processes and oversight. The policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place. SECTION 4. The Irwindale Police Department °IPD Policy 705 --- Military Equipment Use Policy," attached hereto as Exhibit "A," is approved, adopted, and hereby deemed renewed. Based on the findings and recitals above as incorporated herein, in addition to information and public testimony provided to the City Council at the public meeting, the City Council determines as follows; 1. The Irwindale Police Department's Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 2. The Irwindale Police Department's Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties, as set forth above. 3. The military equipment identified in the Irwindale Police Department's Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety. 4. Prior military equipment use by the Irwindale Police Department complied with the Military Equipment Use Policy although it was not yet 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. 5. The Irwindale Police Department's Military Equipment Use Policy, Policy 705, setting forth the City's military equipment use policy is approved and adopted, as may be amended from time to time subject to the following future compliance requirements: a. The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use. b. The Irwindale Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (1)-(4) above. C. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). SECTION 5. The City Manager is hereby authorized to execute all documents and to perform all other acts necessary to implement this Ordinance. SECTION 6. The City Council of the City of Irwindale hereby finds that all legal prerequisites to the adoption of this Urgency Ordinance have occurred. If any section, Ordinance No. 766 Page 3 subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. This Urgency Ordinance shall take effect immediately. SECTION 8. The Chief Deputy City Clerk shall certify the passage of this Urgency Ordinance and shall cause the same to be posted in accordance with law. PASSED, APPROVED AND ADOPTED this 27th day of March, 2024 Albert F. Ambriz, Mayor ATTES�,, Laura M. Nieto, MMC Chif Deputy City Clerk Ordinance No. 766 Page 4 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } 1, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify the renewal of Ordinance No. 766 was duly approved at a regular City Council meeting held on the 27th day of March, 2024, by the following roll call vote. - AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers: Lau r M. Nieto, MMC Chi f Deputy City Clerk Breceda, Burrola, Garcia, Ortiz, Mayor Ambriz None None None 01005.0010/858324.1 Irwindale Police Department Irwindale PD Policy Manual Military Equipment 705.1 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). 705.1.1 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. • TASERO 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. Copyright LeApol, LLC 2024101/18, All Rights Reserved. Military Equipment - 1 Published with permission by Irwindale Police Department Irwindale Police Department Irwindale PD Policy Manual Military Equipment 705.2 POLICY It is the policy of the Irwindale Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 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 Irwindale 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. 705A MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department Rifles: (2) - Colt M4 Commando.556 Rifles (6) - Bushmaster XM15-E2S.223 Rifles (11) - Colt M4 Carbine.223 Rifles (12) - Colt M4LE.223 Rifles (1) - Remington 870 Door Breaching Shotgun (5) - Daniel Defense DDM 4.556 Rifles Copyright LeApol, LLC 2024/01118, All Rights Reserved. Military Equipment - 2 Published with permission by Irwindale Police Department Irwindale Police Department Irwindale PD Policy Manual Military Equipment Launchers: (6) - Defense Technology 40mm Launcher (1) - Federal Laboratory Inc. 37mm Launcher (1) - Cobray 37mm Launcher (1) - Pepperball Launcher Less Lethal Munitions: (25) - Direct Impact 40mm OC sponge rounds (150) - eXact iMpact 40mm sponge rounds (150) - Drag Specialized 12ga. Point of Aim, Point of Impact beanbag rounds (11) Defense Technology Noise -Flash diversionary devices (180) - Pepperball rounds Breacher Munitions: (24) - 12ga. Clayvon rounds (20) - 12ga. Black Cap rounds (24) - 12ga. Flash Bang rounds Unmanned Ground Systems: (1) - iRobot 210 Negotiator (1) - Recon Robotics Recon Scout Unmanned Aerial Systems: (2) - DJ l Matrice 30T 705.5 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. Copyright Lexipol, LLC 2024101118, Ail Rights Reserved. Military Equipment - 3 Published with permission by Irwindale Police Department Irwindale Police Department Irwindale PIS Policy Manual Mllltaty Equipment (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. 705.6 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. 705.7 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. 705.8 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. copyright LeApol, LLC 2024101/18, All Rights Reserved. Military Equipment - 4 Published with permission by Irwindale Police Department