Title
Recommendation to Accept the Annual Military Equipment Report for the Alameda Police Department, Including the Intent to Purchase New Equipment. (Police 10031100)
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 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) The law also requires that a law enforcement agency 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.
On July 7, 2022, the City Council reviewed an Alameda Police Department (APD) draft policy and approved APD’s Military Equipment Use Policy (Policy). APD is submitting this report to educate the community, report to City Council, and comply with the annual reporting requirements in AB 481.
BACKGROUND
On July 7, 2022, the City Council reviewed an APD draft policy and approved APD’s Policy. This action allowed APD to continue to use the equipment and also allowed neighboring police agencies to use military equipment in 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 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.
1. How the Military Equipment was Used and the Purpose of its Use
Throughout 2022, APD deployed the Emergency Response Vehicle operationally during four separate incidents: Two events occurred before the Policy was ratified in July 2022; two events occurred after the Policy was adopted. All events are summarized below.
On May 24, 2022, before the Policy was adopted, the U.S. Marshals Service requested the Emergency Response Vehicle while conducting a tactical operation in Oakland. The vehicle was used to transport law enforcement officers to and from the location and was later returned to the parking garage without incident. Only trained Alameda Police employees operated the vehicle, and no injuries to residents or law enforcement were reported.
On July 4, 2022, before the Policy was adopted, APD personnel staged the Emergency Response vehicle in a strategic location. Although it was not used operationally, it was staged so that it could be rapidly deployed for the Mayor’s 4th of July Parade if a catastrophic event occurred along the parade route. The vehicle remained staged, was not needed, and was returned to the parking garage.
On December 18, after the Policy was adopted, the Oakland Police Department requested to use our Emergency Response Vehicle because theirs was out of service. The vehicle was used to transport officers to the scene of an armed barricaded person. The vehicle was needed to provide ballistic protection for the officers. Only trained Alameda Police employees operated the vehicle, and no injuries to residents or law enforcement were reported.
On December 19, 2022, after the Policy was adopted, the Oakland Police Department requested to use our Emergency Response Vehicle because theirs were out of service. The vehicle was used to transport Oakland police officers to and from the location where they needed ballistic protection during an assault with a deadly weapon crime. Only trained APD employees operated the vehicle, and no injuries to residents or law enforcement were reported.
2. Complaints or Concerns Received
No complaints have been received since the formal adoption of the Policy. However, a complete list of all concerns and comments made through APD’s website before the Policy was adopted is attached to this report, with the submitter’s information redacted. Nineteen comments have been made since the launch of the feedback portal. The portal was made public 30 days before the item was brought before the City Council in 2022. (Exhibit 1)
3. Audit Results and Reports of Violations of Military Equipment and Actions Taken
An equipment inventory and audit was 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.
4. The Total Cost and the Funding Source
The total cost for military equipment in 2022 was $28,253.36. This cost includes three equipment expenditures. The first equipment cost of $14,993.61 was to repaint the armored vehicle from green to black. The second was $119.75 for a smog check on the Emergency Response Vehicle. The third cost of $13,140.00 was to purchase ammunition, although this purchase was made before the Policy was adopted. This expenditure was necessary to provide ammunition for in-service mandatory firearms training and SWAT training.
Accounting for personnel training costs is fluid, as personnel, their ranks, assignments, and employment status change throughout the year. In 2022, approximately five SWAT officers trained with AB 481 equipment once a month. The cost for their training was approximately $7,812 per officer, including their salaries and benefits. Four SWAT sergeants attended training once a month. The cost for their training was approximately $11,528 per sergeant, including salaries and benefits.
Patrol, investigations, and support services officers and sergeants were trained for approximately 15 hours using AR-15 rifles. There were approximately 39 officers in these assignments and the cost associated with this training was approximately $1,405 per officer, including their salaries and benefits. There were 11 sergeants in these assignments and the cost associated with this training was approximately $2,313 per sergeant, including their salaries and benefits. This is a total estimated cost of $165,410 for all personnel training.
5. Quantities of Each Type of Military Equipment
APD has not purchased or used militarized equipment other than rifle ammunition, as previously noted. The attached policy and inventory remain unchanged. (Exhibit 2)
6. Intent to Acquire Additional Military Equipment
APD intends to acquire 20 new AR-15-type rifles in 2023. The policy for issuing rifles has changed for increased accountability. Previously, rifles were assigned to vehicles, not personnel and rifles are now assigned to each officer. All officers do not currently have an assigned rifle, so the 20 additional rifles APD intends to purchase are for the remaining officers without an assigned rifle as well as for new officers APD anticipates hiring. Additionally, a GPS-enabled device will be affixed to all department-owned rifles to enhance oversight and awareness of each of these weapons.
ALTERNATIVES
• Accept the Annual Military Equipment Use Report
• Provide Direction on a Revised Annual Military Equipment Report
• Reject the Military Equipment Use Report
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.
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 Use Report, including the intent to purchase new equipment.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Matt McMullen, Police Captain
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Comments from APD Website
2. Equipment Policy and Inventory