TO: POLICE COMMISSION
FROM: MICHAEL CISZEK, POLICE CHIEF
DATE: APRIL 3, 2025
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)
Body
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 accepted this report at its March 25th, 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.
Body
ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Reject staff's recommendation.
B. Delay staff’s 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 $1,650 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 officers, and the safety of the 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 of April 11, 2024 to March 20, 2025, and includes the following updates:
Category 2:
The Armored Rescue Vehicle was utilized for training operations for the Foothill Special Enforcement Team along with other members of the Claremont Police Department on the following dates:
April 11, 2024
July 25, 2024
December 12, 2024
The vehicle was also displayed during the Claremont Police Department’s National Night Out on August 6, 2024.
Category 2:
The Department's 2.5-ton disaster preparedness and response cargo truck was not deployed during this time.
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
The annual costs incurred in 2024 were $1,750 related to fuel costs and maintenance for the two vehicles.
CEQA REVIEW
This item is not subject to environmental 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:
Michael Ciszek Garrett Earl
Police Chief Police Corporal