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Staff Presentation AB 481- Military Equipment_Facilitated by Interim Captain Derek Moye April 5, 2022 AB 481: Military Equipment Funding, Acquisition and Use Why AB 481? •Governor Gavin Newsom several police reform bills, including AB 481 September 30, 2021 Increase transparency, accountability, oversight for acquisition and use of equipment •Equipment usage and updates •Document internal concerns •Summarize community feedback Requires an annual report to summarize Create public forum for input and engagement AB 481 Requires Initial Approval and Annual Reporting AB 481 requires approval for continued use of items purchased prior to January 1, 2022 •How equipment is being used •Maintenance and use costs •Internal concerns •Community feedback on use It also requires an annual report by April 2023. The annual report will include: Why do we need this equipment? •Safe, peaceful resolution for the involved parties, the public and officers Goal •Actions, capabilities and intentions Concerns •Time, distance and cover Factors that influence sound decisions CRITICAL INCIDENTS IN SANTA CLARA COUNTY DATE INCIDENT BRIEF SUMMARY July 2019 Gilroy Garlic Festival Gunman killed 3 people and wounded 17 May-June, 2020 County-wide protests in response to George Floyd murder Riots, fires and looting ensued, resulting in a community-wide curfew. Officers were injured after being hit with objects thrown at them during protests May 2021 VTA Railyard Shooting 9 people killed November- December, 2021 Retailer break-ins Organized groups of 15-30 people breaching retail stores to steal high end merchandise CATEGORY 1 : Unmanned, remotely piloted, powered aerial or ground vehicles CATEGORY 2: Mine-resistant ambush-protected vehicles or armed personnel carriers CATEGORY 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached CATEGORY 4: Tracked armored vehicles that provide ballistic protection to their occupants CATEGORY 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units CATEGORY 6: Weaponized aircraft, vessels, or vehicles of any kind CATEGORY 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature CATEGORY 8: Firearms of .50 caliber or greater CATEGORY 9: Ammunition of .50 caliber or greater CATEGORY 10: Specialized firearms and ammunition of less that .50 caliber CATEGORY 11: Any firearm or firearm accessor that is designed to launch explosive projectiles CATEGORY 12: Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray CATEGORY 13: Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices CATEGORY 14: Kinetic energy weapons and munitions CATEGORY 15: Any other equipment as determined by a governing body or a state agency to require additional oversight Equipment Categories per AB 481 LGMSPD’S EQUIPMENT INVENTORY EQUIPMENT CATEGORY ITEM(S)FUNDING SOURCE FOR ACQUISITION PRIOR COUNCIL APPROVAL IN USE BY LGMSPD SINCE 1 Robot Operating budget Yes 2010 1 Unmanned Aircraft/Drone Grant Yes 2021 10 Rifles, ammunition Operating Budget Yes 1985 12 Noise flash diversionary device, tear gas Operating Budget Yes 2015 14 40 mm less lethal platform Operating Budget Yes 2016 LGMSPD Operating Budget Local, State and Federal Grants LGMSPD has NOT sought out or received the transfer of Department of Defense equipment that qualifies under AB 481 through the 1208 or 1033 Programs How Equipment Can Be Funded * How does this affect our community? •LGMSPD will continue to have access to each of the resources currently available. In addition, the corresponding policies and procedures would remain in effect With Town Council approval of AB 481 ordinance: •LGMSPD would cease the use of equipment designated by AB 481 on April 30, 2022 •LGMSPD would be required to redesign our policies, procedures and operations for critical incident response; this includes our ability to provide and receive mutual aid •Public safety would be negatively impacted Without Town Council approval of AB 481 ordinance: Community Engagement Activities •Meeting notice on LGMSPD website and social media Full text of AB 481 AB 481 defined list of military equipment currently in LGMSPD’s inventory Draft Lexipol Policy 704 March 10, 2022 •Virtual Community meeting March 29, 2022 •Present to Town Council to introduce an ordinance approving a military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481. •The AB 481 Staff Report was made available for public notice on March 31, 2022 April 5, 2022 Thank you for partnering with us! Questions?