FROM:
Police Department
SUBJECT:
Title
Annual Update on Military Equipment Usage
End
RECOMMENDATION:
Recommendation
Adopt the “2024 Fontana Police Department Annual Military Equipment Use Inventory Report” in accordance with Ordinance No. 1892 of the Fontana Municipal Code, Governing Military Equipment Usage.
End
COUNCIL GOALS:
• To create a team by working together to provide stability and consistent policy direction.
• To create a team by communicating Goals and Objectives to all sectors of the community.
• To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
• To increase citizen involvement by seeking community input.
DISCUSSION:
Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Fontana Police Department (“Department”) to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment. 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, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. 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. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.
On May 10, 2022, the City Council adopted Ordinance No. 1892 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and 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 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.
The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
Ordinance No. 1892 and the adopted Policy provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight, and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment and seek approval prior to acquiring any additional military equipment.
The Fontana Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report.
Attachments:
1. 2024 Fontana PD Military Equipment Inventory
2. 2024 Fontana PD Annual Report on Military Equipment Usage
3. Ordinance No. 1892, Adopting Policy 709 Governing Military Equipment Usage
4. Fontana PD Policy 709
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff’s recommendation.