TO: POLICE COMMISSION
FROM: AARON FATE, POLICE CHIEF
DATE: JUNE 6, 2024
Reviewed by:
City Manager: N/A
SUBJECT:
Title
ANNUAL REPORT FOR THE MILITARY EQUIPMENT USE POLICY OF THE CLAREMONT POLICE DEPARTMENT AS REQUIRED BY ASSEMBLY BILL 481 - MILITARY EQUIPMENT: FUNDING, ACQUISITION, AND USE (FUNDING SOURCE: GENERAL FUND)
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SUMMARY
Assembly Bill 481 (AB 481), the Law Enforcement and State Agencies Military Equipment Funding, Acquisition and Use Act, was signed into law and became effective on January 1, 2022.
AB 481 requires law enforcement agencies to obtain approval from their governing bodies before purchasing, raising funds for, or acquiring military equipment, by any means, including surplus military equipment from the federal government. At its April 26, 2022 meeting, the City Council approved the Military Equipment Use Ordinance.
AB 481 requires the Police Department to submit an annual report to the City Council for the continued use of approved Military Equipment, or before acquiring any new Military Equipment. The report must contain any use(s) of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, and the cost of such use. The City Council received and approved last year’s annual report on May 9, 2023. The categories that were previously approved by City Council are included as an Attachment to this report.
The City Council accepted this report at its May 28th, City Council meeting.
RECOMMENDATION
Recommended Action
Staff recommends the Police Commission receive, provide opportunity for community input, and file the Annual Report for Military Equipment Use Policy of the Claremont Police Department.
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ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Reject the recommendation.
B. Delay recommendation and request additional information.
FINANCIAL REVIEW
Each type of military equipment has an independent financial review listed below. The staff cost to prepare this report is estimated to be $1,500 and is included in the operating budget of the Police Department.
ANALYSIS
The Police Department retains and employs a variety of military equipment to safely achieve its mission to "Safeguard and serve the Claremont community through timely, proactive, effective, and professional law enforcement services."
The mere possession of this equipment does not warrant its use for every incident, nor has the Department been accused recently or in the past of indiscriminate use of these types of equipment.
The Department recognizes that critical incidents are unpredictable, often fluid and dynamic in nature. The Department prides itself on its training, use of best practices, and forward-thinking in technology and the tools it acquires, and utilizes in its mission for the safety of its personnel and the safety of community members and visitors alike.
The use of all equipment, not just "military equipment," is predicated on the mission of the Department, policy, training, law, the safety of our officers, and the safety of our community. Officers and incident commanders alike are influenced by the totality of the circumstances, public safety, civil rights and all available information at the time of a critical incident or disaster and the desire to bring that incident to a safe resolution.
USES
This annual report accounts for the time period of May 9, 2023, to May 28, 2024, and includes the following updates:
Category 2:
In May 2023 the Department acquired an Armored Rescue Vehicle (ARV) through the federal 1033 Program. The vehicle was used for training operations for the Foothill Special Enforcement Team along with other members of the Claremont Police Department on the following dates:
August 17, 2023
September 21, 2023
October 3, 2023
October 4, 2023
The vehicle was also displayed during the Claremont Police Department’s National Night Out on August 2, 2023.
EQUIPMENT REPLACEMENT
Category 3:
In late 2023, it was discovered that although routinely tested and maintained, the fuel systems on both of the department’s High Mobility Multipurpose Wheeled Vehicles (Humvees) were no longer operational. Due to the age of both vehicles (1986 and 1989), the specific parts that were required to be replaced on these vehicles are no longer manufactured. Remanufactured parts also had a substantial markup. The decision was made to return these vehicles to the 1033 program.
One of the Humvees is slated for auction later this year, while the second vehicle was returned to the military and replaced with a 2014 M1078 2.5-ton cargo truck. The truck has common parts that are commercially available and easily repaired by City staff if necessary. This type of truck was selected due to its increased cargo/personnel transport ability and high mobility during disaster situations.
COMPLAINTS
The Claremont Police Department did not receive any complaints regarding any of its military equipment or its use.
AUDITS
There were no violations found regarding the use of Military Equipment by Claremont Police Department personnel.
FISCAL IMPACTS
Armored Rescue Vehicle
Tires - $8,215
Lighting/Cameras - $3,539
Fuel - $177
Total cost- $11,931
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds the following: Council Priorities, General Plan, the 2022-24 Budget, and the Youth and Family Master Plan.
CEQA REVIEW
This item is not subject to review under the California Environmental Quality Act (CEQA).
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.
Submitted by: Prepared by:
Aaron Fate Mike Ciszek
Police Chief Police Captain
Attachment:
Assembly Bill 481 Military Equipment Use Report