To: Honorable Mayor and Members of City Council
From: Jennifer Gonzales, Chief of Police
Prepared By: Kristofer Jenny, Police Lieutenant
TITLE:
Title
Police Military Equipment Use Policy - Annual Report, Request to Purchase Equipment, and Ordinance Renewal
LABEL
RECOMMENDED ACTION:
Recommendation
1. Approve the first reading and introduction of an ordinance (1) approving the updated Police Military Equipment Use policy to add additional equipment in accordance with California Government Code Sections 7070 through 7075; and (2) to receive the Annual Military Equipment Report pursuant to Government Code Section 7071 and determining that all equipment identified in the report complies with Government Code Section 7071(d) as required by Government Code Section 7071(e); and
2. Approve NPD’s request to (1) purchase and use up to four (4) additional small Unmanned Aerial Systems (sUAS), two (2) 6mm ARC semi-automatic rifles, two (2) 6mm ARC upper receivers, and two thousand (2000) rounds of 6mm ARC ammunition; and (2) proactively research government funding sources (grants) or discuss donations with donors for the purchase of items categorized as military equipment that would comport with current City policies and Administrative Regulations.
Body
DISCUSSION:
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. This law requires the Napa Police Department (NPD), to obtain approval from the City Council via an ordinance for the use of military equipment as defined in the law. It also requires the NPD to issue an annual report, hold an annual community meeting regarding the report, and present the annual report to City Council. Thereafter, on an annual basis, City Council will determine whether to renew the ordinance and will determine whether each type of military equipment was used in compliance with state law. [Government Code Sections 7071(e) and 7072(a)].
The Annual Report, incorporated as Exhibit B, was written to comply with the related Government Code sections. The report incorporates six (6) sections including 1. Summary of how the military equipment was used; 2. Summary of complaints or concerns received concerning the military equipment (none received); 3. Results of internal audits and violations (1 violation - an administrative investigation is in-progress); 4. Total annual cost of each type of military equipment; 5. Quantity possessed for each type of military equipment; and 6. Future intent to acquire additional military equipment in the next year.
NPD posted the updated Military Equipment policy on the City’s transparency website in October 2024, allowing for at least 30 days of public review as required by AB 481 Furthermore, NPD will facilitate a community engagement meeting in the City of Napa within 30 days of the first reading of this year’s ordinance to allow for public questions and discussion about our military equipment. [Government Code Section 7072(b)].
NPD requests authorization to purchase four (4) small Unmanned Aerial Systems (sUAS) drones. The requested sUAS drones will supplement the current drones and provide NPD with advanced capabilities related to traffic accident reconstruction and law enforcement investigations, increased safety to community members and officers, and increased capabilities related to evidence collection and scene documentation. The use of the sUAS drones will continue to be conducted in accordance with NPD policy, and local, state, and federal laws.
NPD requests authorization to purchase two (2) 6mm ARC semi-automatic rifles, two (2) 6mm ARC upper receivers, and two thousand (2000) rounds of 6mm ARC ammunition. Chambered in 6mm ARC, these weapons allow specially trained police officers to perform their overwatch duties with a weapon system specifically tailored for assignments at large public events. The use of these weapons and ammunition would be conducted per NPD policy and local, state, and federal laws.
NPD further requests permission to proactively research government funding sources (grants) or discuss donations with donors that may be used to purchase military equipment that supports our public safety mission. The approval to purchase military equipment items funded by grants or donations would be conducted in accordance with the City of Napa policy. It would still require approval by the Council through an ordinance.
Adoption and approval of the ordinance and equipment items are required to permit NPD to purchase the newly requested items, continue using the vital equipment it currently owns, and acquire and maintain equipment and ammunition required for continued training and use in the field.
Equipment defined as “military equipment” by Government Code Section 7070 has been successfully used by NPD, Napa County Sheriff’s Department, and Law Enforcement Agencies (LEAs) across California and the United States for several decades. These tools have been used locally in Napa and many other jurisdictions to efficiently and safely prevent, defuse, and control potentially dangerous and deadly encounters, as well as to avoid potential uses of lethal force. These tools enhance citizen safety and officer safety. NPD strongly believes that the loss of this equipment and its related capabilities would unnecessarily jeopardize the welfare of citizens, peace officers, and suspected offenders.
NPD is prepared to demonstrate that each of the relevant tools now defined as “military equipment” (1) is necessary, as there is no reasonable alternative which achieves the same level of officer and civilian safety; (2) will safeguard public safety and welfare as well as civil rights and liberties; (3) is reasonably cost effective compared to alternatives; (4) has been and will be used in compliance with policy, subject to meaningful accountability measures.
Transparency, oversight and accountability are central to NPD Policy 706, which calls for appointment of a single, fully accountable military equipment coordinator, who is charged with (1) acting as liaison to the Council for matters related to the requirements of this policy; (2) auditing use of military equipment and annually reporting to Council regarding uses, costs, complaints and Department responses; (3) holding annual community engagement meetings for purpose of assessing annual report and military equipment use and policy; (4) providing avenues for public complaint and questions; (5) ensuring that uses of force involving military equipment comply with and are reviewed and assessed pursuant to NPD use of force policies.
FINANCIAL IMPACTS:
Items requested within this report have existing funding within the police department’s FY24/25 approved budget. There is no impact on the General Fund.
CEQA:
The Chief of Police has determined that the Recommended Action described in this agenda report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
EX A - Military Equipment Policy
EX B - 2023 Annual Report
NOTIFICATION:
Legal notice of public hearing published in the Napa Valley Register on January 11, 2025.