Title
WITHDRAWN - Recommendation to Accept the Annual Military Equipment Report for the Alameda Police Department and Continue to Allow the Department to Use and Maintain the Equipment Previously Adopted. (Police 10031100) [Will not be heard on April 16, 2024]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Effective January 1, 2022, Assembly Bill 481 (AB 481) requires:
1) A law enforcement agency to obtain approval from its governing body to enact a Military Equipment Use Policy by ordinance before purchasing, using, raising funds for, or acquiring military equipment.
2) A law enforcement agency to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body for as long as the military equipment is available for use.
The City of Alameda (City) Police Department (APD) is submitting this report to educate the community, report to the City Council, and comply with the requirements in AB 481.
BACKGROUND
On July 7, 2022, City Council reviewed an APD draft policy and approved APD’s Military Equipment Use Policy (Exhibit 1). This action allowed APD to continue using the equipment and also allowed neighboring police agencies to use military equipment within our jurisdiction when providing mutual aid during exigent circumstances.
DISCUSSION
AB 481 specifies that the Annual Military Equipment Report include six main categories:
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 the violation(s) 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.
See Government Code § 7072(a).
How the Military Equipment was Used and the Purpose of its Use
Throughout 2023, APD deployed the Emergency Response Vehicle (ERV) operationally 12 times. The ERV was used for transporting officer(s)/agent(s) by APD personnel to provide ballistic protection for high-risk operations. Additionally, APD deployed one less lethal bean bag round during a high-risk stop. All events are summarized below in chronological order (Exhibit 2).
23-00741: One less lethal shotgun bean bag round was deployed for a subject armed with what was later learned to be a replica firearm; the armed subject refused to stop and pointed the replica firearm at civilians/officers.
23-00795: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-01108: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-02615: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-03177: Alameda Police personnel used the ERV to arrest a barricaded subject in Oakland.
23-04466: Alameda Police personnel deployed the ERV and staged it out of view during the 4th of July parade.
23-05646: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-06143: Alameda Police personnel deployed the ERV to arrest a barricaded subject in Alameda.
23-06443: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-06549: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-06362: Alameda Police personnel used the ERV for a high-risk arrest operation in Alameda.
23-07621: Alameda Police personnel used the ERV to arrest an armed barricaded subject in Alameda.
23-08611: US Marshals requested the use of the ERV for a high-risk arrest operation.
Complaints or Concerns Received
No complaints have been received since the formal adoption of the Military Equipment Use Policy. However, a complete list of all concerns and comments made through APD’s website is attached to this report, with the submitter’s information redacted. One comment was submitted in 2023 (Exhibit 3).
Audit Results and Reports of Violations of Military Equipment and Actions Taken
An equipment inventory and audit were completed, and all the militarized equipment was accounted for and confirmed to be in its assigned storage areas. APD has not had any violations or complaints of violations of military equipment since the adoption of its use, so there have been no actions taken in response.
Total Cost and Funding Source
The total cost for military equipment in 2023 was $25,086.38. This cost includes two equipment expenditures. The first equipment cost of $24,763.70 was for the purchase of 20 new AR-15-style rifles to equip patrol officers and sergeants with individually assigned rifles. The second was $322.68 for oil/filter changes on the Emergency Response Vehicle.
Accounting for personnel training costs is fluid, as personnel, their ranks, assignments, and employment status change throughout the year. In 2023, approximately four SWAT officers trained with AB 481 equipment once a month. The cost for their training was approximately $11,340 per officer, including their salaries and benefits. Four SWAT sergeants attended training once a month. The cost for their training was approximately $14,707 per sergeant, including salaries and benefits.
Patrol, investigations, and support services officers and sergeants were trained for approximately 31 hours using AR-15 rifles. There were approximately 36 officers in these assignments. 28 of them trained for approximately 23 hours, and the cost associated with this training was approximately $2,898 per officer, including their salaries and benefits. Eight officers trained for approximately eight hours and the cost associated with this training was approximately $1,008 per officer, including their salaries and benefits. There were eight sergeants in these assignments, and the cost associated with this training was approximately $1,113 per sergeant, including their salaries and benefits.
Quantities of Each Type of Military Equipment
APD purchased 20 new AR-15-style rifles for patrol. The attached inventory was updated to reflect the additional rifles (Exhibit 4).
Intent to Acquire Additional Military Equipment
APD intends to acquire ammunition for its .223/5.56 and 308 caliber rifles. This ammunition will be used to conduct regular yearly training for the Special Weapons and Tactics team and in-service officer/sergeant training. APD may also need to purchase additional 40mm sponge rounds. These munitions are being used for in-service SWAT training and are a required munition for police recruits in the police academy.
APD is also exploring drone technology and how it could assist with managing critical incidents, sideshow activity, and roadway mapping for major traffic collision investigations.
APD would like to explore purchasing a mobile command vehicle. If approved, APD would look for grant opportunities to fund the purchase.
ALTERNATIVES
• Accept the Annual Military Equipment Use Report
• Do not approve the Annual Military Equipment Report. This is not recommended as it is required by AB 481.
FINANCIAL IMPACT
There is no financial impact from accepting or rejecting the Annual Military Equipment Report.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and Government Code § 7072 (AB 481).
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
No identifiable climate impacts or climate action opportunities are associated with the subject of this report.
RECOMMENDATION
Accept the Annual Military Equipment report for the Alameda Police Department.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Jeffery Emmitt, Police Captain
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Policy and Policy Equipment List
2. Deployment List
3. Feedback Submissions
4. Weapon Inventory