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  Agenda Item   9.    
City Council Meeting
Meeting Date: 04/18/2023  
FROM: Bill Gallardo

Subject:
Annual Report Related to Police Department Use of Military Equipment as required by Government Code § 7072
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
In March 2022, the Police Department drafted a Military Equipment policy, as required by Government Code § 7070-7075.

Ordinance No. 1227 was adopted by the City Council on May 17, 2022, adopting the Police Department’s Military Equipment policy.

Government Code § 7072 requires the Police Department submit to the City Council an annual report that includes:
  • A summary of how the military equipment was used and the purpose of its use.
  • A summary of any complaints or concerns received concerning the military equipment.
  • The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
  • 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.
  • The quantity possessed for each type of military equipment.
  • If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
In order to address some of the above topics, specifically on-hand quantities and ongoing costs, the Police Department updated the Military Equipment policy and Military Equipment Inventory on March 22, 2023. The updated policy and inventory are attached with this Staff Report.

The remaining topics are outlined below.

Summary of Use:
  • Lenco BearCat: used to transport SWAT operators from Brea PD and allied agencies during SWAT training and operations
  • R&S Custom Trailer: used as a command post during DUI checkpoints
  • Daniel Defense Rifles: deployed on occasion by patrol and SWAT officers in order to gain compliance from potentially armed individuals.
  • Defense Technology Low Roll II Distraction Device: one device was deployed during a SWAT operation in September 2022 in Bellflower, CA
  • Various Distraction Devices, Various Gas Canisters, and 40MM Sponge Rounds were used for required annual training and certification of SWAT officers.
Complaints/Concerns: The Police Department did not receive any complaints, concerns, or questions related to the Department’s ownership or use of military equipment.
 
Audit: All uses of military equipment were done in compliance with state and federal laws and were within department policy. There were no known incidents of misuse or policy violations.
 
Acquisition: During the past 12 months, the La Habra Police Department purchased a second Lenco BearCat. This BearCat is used by members of North County SWAT, including Brea PD officers. There is no fiscal impact to the City of Brea.


A copy of this Annual Report, Policy, and Inventory will be posted on the Police Department's website, as required by law.
COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
FISCAL IMPACT/SUMMARY
None.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Lt. Christopher Harvey
Concurrence: Adam Hawley, Chief of Police
 
Attachments
Military Equipment Use policy
Military Equipment Inventory

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