2023/05/23 City Council Ordinance 977 ORDINANCE NO. 977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
ADOPTING A MILITARY EQUIPMENT USE POLICY
WHEREAS,On September 30,2021,Governor Gavin Newsom signed into law Assembly
Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070
through 7075, requires law enforcement agencies to obtain approval of the applicable governing
body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of
military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by
an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open
meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the
funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified
determinations with respect to a military equipment use policy; and
WHEREAS,a draft of the Rohnert Park Department of Public Safety Policy 706"Military
Equipment" was published on the Rohnert Park Department of Public Safety's internet website,
and provided to the City Council at least 30 days prior to a public hearing held in accordance with
requirements of Government Code section 7071; and
WHEREAS, the Rohnert Park Department of Public Safety Policy 706 "Military
Equipment"meets the requirements of California Government Code section 7070, subdivision(d);
and
WHEREAS, the military equipment identified in the Rohnert Park Department of Public
Safety Policy 706"Military Equipment" is necessary,because there are no reasonable alternatives
that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Rohnert Park Department of Public Safety Policy 706"Military Equipment"
will safeguard the public's welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Rohnert Park Department of Public
Safety Policy 706 "Military Equipment" is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council of the City of Rohnert Park was presented with the annual
military equipment report by the Rohnert Park Department of Public Safety at its regular City
Council meeting of April 25,2023,and has determined that use of each type of military equipment
identified in that report has complied with the military equipment use policy that was in effect at
the time;
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
SECTION 2. Adoption of Policy. The Rohnert Park Department of Public Safety Policy
706 "Military Equipment" attached hereto and incorporated herein as Exhibit A is hereby approved
and adopted.
SECTION 3. Reporting and Publication of Policy.
In accordance with Government Code section 7071, the Director of the Department of
Public Safety shall cause the Policy 706 "Military Equipment" to be made publicly available on
the Department's internet website for as long as military equipment is available for use. The
Department of Public Safety is directed to make available the reports and conduct the required
community engagement meeting required by Government Code section 7072 on an annual basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordinance
to be published in the manner required by law.
SECTION 6. Environmental Review._ The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a significant
effect on the environment.
This ordinance was introduced by the City Council of the City of Rohnert Park on May 9,
2023 and DULY AND REGULARLY ADOPTED this 23rd day of May, 2023 by the following
roll call vote:
AYES: elwarA, Ciludtc-- vie. mar Pv0klu`cjsW(-AVn A �^S, Mc+��r atar!gU4
NOES: `p) Nome
ABSENT:(At lOnL
ABSTAIN: (0) Worv, ,
CITY OF ROHNERT-I-ARK
ATTEST:
Elizabeth Machado, Assistant City Clerk
OV O FORM:
Mi e Marchetta Kenyon, City Attorney
Attachment: Exhibit A
Samantlia Rodriguez,
Ordinance 977
Page 2 of 2
Policy
706
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Copyright Lexipol, LLC 2023/04/05, All Rights Reserved.
Published with permission by Rohnert Park Department of
Public Safety
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use and reporting of “military
equipment”, as the term is defined in Government Code section 7070. This policy is provided
to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not
limited to seeking approval on specific items deemed to be military equipment and requirements
related to compliance, annual reporting, and cataloging these items.(Government Code § 7070;
Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected body that oversees the Department, the City Council of the City
of Rohnert Park.
Military equipment – Includes but is not limited to the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles.
•Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
•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.
•Tracked armored vehicles that provide ballistic protection to their occupants.
•Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
•Weaponized aircraft, vessels, or vehicles of any kind.
•Battering rams, slugs, and breaching apparatuses that are explosive in nature. This
does not include a handheld, one-person ram.
•Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns
and standard-issue shotgun ammunition.
•Specialized firearms and ammunition of less than_.50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard-issue firearms.
•Any firearm or firearm accessory that is designed to launch explosive projectiles.
•Noise-flash diversionary devices and explosive breaching tools.
•Munitions containing tear gas or OC, excluding standard, service-issued handheld
pepper spray.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
•Kinetic energy weapons and munitions.
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Military Equipment
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Military Equipment - 2
•Any other equipment as determined by a governing body or a state agency to require
additional oversight.
706.2 MILITARY EQUIPMENT COORDINATOR
The Director of Public Safety should designate a member of this department to act as the military
equipment coordinator. The responsibilities of the military equipment coordinator include but are
not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of Rohnert Park Department of Public Safety (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition,
and use of equipment.
(f) Preparing the annual military equipment report for submission to the Director of Public
Safety and ensuring that the report is made available on the department website
(Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
706.3 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:
1.40 MM Launchers and Rounds: 40mm Launchers are utilized by department
personnel as a less lethal tool to launch impact rounds.
(a) Description, quantity, capabilities, and purchase cost
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1325,
cost: $1000, quantity: 9. The 40mm Single Launcher is a tactical single
shot launcher that features a fixed stock and an Integrated Front Grip
(IFG). It will fire standard 40mm less lethal ammunition, up to 4.8 inches
in cartridge length. It will launch a 40mm less lethal round up to 131 feet
and is authorized to be used by officers trained in its use.
ii. COMBINED TACTICAL SYSTEMS, 40MM SPONGE, #4557, cost:
$21.00, quantity: 400. A less lethal 40mm lightweight foam projectile fired
from a single 40mm grenade launcher with a rifled barrel at 240-260 FPS.
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Military Equipment
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Published with permission by Rohnert Park Department of
Public Safety
Military Equipment - 3
The 40mm Sponge Round provides accurate and effective performance
when fired from the approved distance of not less than five (5) feet and as
far as 131 feet from the target.
(b) Purpose - To limit the escalation of conflict where employment of lethal force is
prohibited or undesirable.
(c) Authorized Use - Situations for use of the less lethal weapon systems may
include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(d) Training - Sworn members utilizing the 40mm launcher and the less lethal 40mm
impact rounds shall be trained in the use of such items by attending a POST
certified course, (4180-30995-XX), by POST certified less lethal instructors.
(e) Lifespan
i. Defense Technology #1325- 25 years.
ii. Model 4557 Sponge- 5 years.
(f) Fiscal Impact - Annual maintenance is approximately $50 for each launcher.
(g) Legal and Procedural Rules - Use of the 40mm launcher and 40mm sponge
rounds is subject to requirements of Policy 306 (Firearms), Policy 303.8 (Kinetic
Energy Projectile Guidelines) and Policy 300 (Use of Force). It is the policy of
the Rohnert Park Department of Public Safety to utilize the 40mm only for official
law enforcement purposes, in accordance with all requirements under State and
Federal law, including those regarding the use of force.
2.Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge
Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost
i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 86.
The Remington 870 Less Lethal Shotgun is used to deploy the less lethal
12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The
range of the weapon system helps to maintain space between officers and
a suspect reducing the immediacy of the threat which is a principle of de-
escalation.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 850.
A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag
filled with 40 grams of lead shot at a velocity of 270-290 feet per second
(FPS). CTS Super-Sock rounds are discharged from a dedicated 12-
gauge shotgun that is distinguishable by an orange butt stock and fore
grip. This round provides accurate and effective performance when fired
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Military Equipment
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Published with permission by Rohnert Park Department of
Public Safety
Military Equipment - 4
from the approved distance of not fewer than five (5) feet. The maximum
effective range of this munition is up to 75 feet from the target. The Model
2581 Super-Sock is in its deployed state immediately upon exiting the
barrel. It does not require a minimum range to "unfold" or "stabilize." The
Super-Sock is an aerodynamic projectile. However, accuracy is relative
to the shotgun, barrel length, environmental conditions, and the operator.
The Super-Sock is very accurate. However, effectiveness depends on
many variables, such as distance, clothing, stature, and the point where
the projectile impacts.
(b) Authorized Use - Situations for use of the less lethal weapon systems may
include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations..
(c) Lifespan
i. Remington 870 Less Lethal Shotgun- 25 years.
ii. Super Sock Round- No listed expiration date.
(d) Fiscal Impact - Annual maintenance is approximately $50 per shotgun.
(e) Training - Sworn members utilizing the 12 gauge less lethal shotgun and bean-
bag rounds shall be trained in the use of such items by attending a POST certified
course, (4180-30995-XX), by POST certified less lethal instructors.
(f) Legal and Procedural Rules - Use of the less lethal shotgun and beanbag rounds
is subject to Policy 306 (Firearms), Policy 303.8 (Kinetic Energy Projectile
Guidelines) and Policy 300 (Use of Force). It is the policy of the Rohnert Park
Department of Public Safety to utilize the less lethal shotgun only for official law
enforcement purposes, and pursuant to State and Federal law, including those
regarding the use of force.
706.4 APPROVAL
The Director of Public Safety or the authorized designee shall obtain approval from the governing
body by way of an ordinance adopting the military equipment policy. As part of the approval
process, the Director of Public Safety or the authorized designee shall ensure the proposed military
equipment policy is submitted to the governing body and is available on the department website at
least 30 days prior to any public hearing concerning the military equipment at issue (Government
Code § 7071). The military equipment policy must be approved by the governing body prior to
engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Military Equipment
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Public Safety
Military Equipment - 5
(b) Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g) Acquiring military equipment through any means not provided above.
706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in
accordance with this Department policy. Military equipment used by other jurisdictions that are
providing mutual aid to this jurisdiction shall comply with their respective military equipment use
policies in rendering mutual aid.
706.6 ANNUAL REPORT
Upon approval of a military equipment policy, the Director of Public Safety or the authorized
designee should submit a military equipment report to the governing body for each type of military
equipment approved within one year of approval, and annually thereafter for as long as the military
equipment is available for use (Government Code § 7072).
The Director of Public Safety or the authorized designee should also make each annual military
equipment report publicly available on the department website for as long as the military equipment
is available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in department inventory.
706.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well-publicized and conveniently located community engagement meeting, at which
the Department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment. Typically this will occur at the City of Rohnert Park City
Council Meeting.
706.8 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the
Department to ensure compliance with this policy. Complaints regarding violations of this policy
Rohnert Park Department of Public Safety
Rohnert Park Department of Public Safety Policy Manual
Military Equipment
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Military Equipment - 6
are subject to investigation and discipline in accordance with Policy 1010, and other policies of
the Department related to officer discipline.
706.9 PUBLIC COMPLAINTS, QUESTIONS, AND INVESTIGATION
Government Code section 7070 requires that this policy specify the procedures by which members
of the public may register complaints, submit questions about the use of each specific type of
military equipment subject to this policy, and procedures by which the Department will respond
to such matters.
Complaints related to this policy may be submitted by the members of the public in accordance
with Policy 1010. Complaint forms and instructions are posted by the Department on its website.
Complaints regarding violations of this policy are subject to investigation and discipline in
accordance with Policy 1010, and other policies of the Department related to officer discipline.
Members of the public may submit questions related to the use of specific military equipment to
the Department in accordance with the California Public Records Act, Government Code section
6250 et seq.
o Policy Adopted via Ordinance 964 on May 10, 2022
o Policy Revised via Ordinance 977 on May 23, 2023
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 977.
Ordinance No. 977, an Ordinance of the City Council of the City of Rohnert Park
Adopting a Military Equipment Use Policy was published on 05/26/2023 as required by
law, and posted in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 05/26/2023
The summary of Ordinance No. 977 was published in the Community Voice on 05/26/2023 as
required by law.
-
` - -
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this July 12, 2023
Karen Mack, Office Assistant
RC)I- N ERT PARK
JUN - 2 2023
CERTIFICATION OF PUBLICATION IN CITY CLE1=;;,,
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No. 977
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Ordinance
No. 977' of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the
2611 day of May, 2023 and ending on the 26t' day of May, 2023.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 26' day of May, 2023at Rohnert Park, California.
Signed
k"---e—LZZ�—L
Claudia Smith Chief Clerk
„�2,L f�ti/RnFt—
ORDINANCE NO.977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
ADOPTING A MILITARY EQUIPMENT USE POLICY
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law
ibly BIII 481, relating to the use of military equipment by law enforcement
es; and
WHEREAS. Assembly Bill 481, codified at California Govemrent Code sectlons
f070 through 7075, requires law enfarcarneni agencies to obtain approval of the appll-
;able governing body priorto taking certain actions relating to the funding, acquisition,
,olicitation, or use of military equipment: and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body
be by an ordinance adopting a military equipment use policy, at a regular meeting held
pursuant to open meeting laws; and
WHEREAS, Assembly 8111481 allows the governing body of a city to approve the
g, acquisftfan, or use of military equipment w thin its judsdlction only if it makes
ied determinations with respect to a military equipment use policy; and
WHEREAS, a draft of the Rohnert Park Department of Public Safety Policy 706
"Military Equipment" was published on the Rohnert Park Department of Public Safety's
intametwebsits, and provided to the C4Council at feast 30 days prior to a public hear-
ing held in accordance with requirements of Govemment Code section 7071; and
WHEREAS, the Rohnert Park Department of Public Safety Policy 706 "Military
neat" meets the requirements of California Government Code section 7070, sub -
in (d); and
WHEREAS, the military equipment identified in the Rohnert Park Department of
Safety Policy 706 "Military Equipment" is necessary, because there are no rea-
le alw natives that can achieve the same ob]ectives of officer and civilian safely;
WHEREAS, Rohnert Park Department of Public Safety Policy 706 "Military Equip -
will safeguard the public's welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Rohnert Park Department of Pub -
Safety Policy 706 "Military Equipment" Is reasonably cost effective compared to
iflable alternatives that can achieve the same objective of officer and civilian safety;
WHEREAS, the City Council of the City of Rohnert Park was presented with the
nnua€ military equipment report by the Rohnert Park Department of Public Safety at
s regular City Council meeting of Apd125, 2023, and has determined that use of each
rpe of military equipment identified in that report has compiled with the military equip.
vent use policy that was in effect at the time;
NOW THEREFORE, THE CRY COUNCIL OF THE CRY OF ROHNERT PARK DOES
DAlff AS FOLLOWS:
SECTION 1. Recitals. The above recitals are adopted as findings of the City Coun-
cil in enacting this ordinance.
SECTION 2. Adoption of policy. The Rohnert Park Department of Public Safety
Policy 796 "Military Equipment" attached hereto and incorporated herein as Exhibit A
is hereby approved and adopted.
SECTION 3. Reporting and Publication of Policy.
In accordance with Government Code section 7071, the Director of the Depart•
ment of Public Safety shall cause the Pocky 706 "Military Equipment" to be made pub-
licly available on the Department's Internet websits for as long as military equipment
is available for use. The Department of Public Safety is directed to make available the
reports and conduct the required community engagement meeting required by Gov.
ern ment Code section 7072 on an anneal basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30
days after its adoption.
SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this or-
dinance to be published in the manner required by law.
SECTION 8. Envuanmental Review, The Cray Council finds the approval of this
ordinance is exempt under Section 1 %61(b)(3) of the CEOA Guidelines because it can
be seen with certainty that there is no possibility that the adoption of this ordinance
may have a significant effect on the anvhwmerrL
This ordinance was introduced by fire City Council of the City of Rohnert Park on May
9, 2023 and DULY AND REGULARLY ADOPTED this Yard day of May, 2023 by the fol-
lowing roll call vote:
AYES: Five (5) Councilmembers Elward, Giudlce & Sanborn,
Vice Mayor Hollingsworth Adams, and Mayor Rodriguez
NOES: Zero (0)
ABSENT: Zero (0)
ABSTAIN: Zero (0)
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
Michelle Marctietta Kenyon, City Attorney
Attachment: ExhibitA
Military EqulprtimM
CITY OF ROHNERT PARK
Samantha Rodriguez, Mayor
7D6.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use and reporting of
"military equipment", as the term is defined In Government Code section 7070. This
policy is provided to fulfill the obligations set forth in Aysem* Bill No. 481. These ob-
ligations Include but are not limited to seeking approval on specific items deemed to
be military equipment and requirements related to compliance, annual reporting, and
cataloging these items. (Government Code § 7070; Government Code § 7071; Govern.
ment Cade § 7072).
706.1.1 DERNRIONS
Definitions related to this policy Include (Government Code § 7070):
Governing body —The elected body that oversees the Department, the CityCouncil of
the City of Rohnert Park.
Military equilipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground velt€cles.
• Mlne-resistant ambush-prolecled (MRAP) vehicles or armored personnel carriers.
• High mobility mulapurpose wheeled vehicles [HMMWI), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants.
• Command and control vehicles that era either bullt or rnodffied to boiiliate the oper-
ational control and direction of public safety units.
Weaponized eirnrah, vesselsr or vehicles of any kind.
• Battering rams, slugs, and breaching apparatuses that are explosive In nature. This
does not Include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber orgreater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of ices then_.50 caliber, including firearms and
accessories identified as assault weapons In Penal Coda § 30510 and Penal Code
§3615, with the exception of standard-issueii rearms.
• Any firearm or firearm accessory that is designed to Paunch explosive projectiles,
• Noise -Rash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or DC, excluding standard,'service-issued handheld
microwave weapons, water cannons, and long-range acoustic
evbces (LRADs).
Kinetic energy weapons and munitions.
Arty other equipment as determined by a governing body or a state agency to require
ddifianal oversight.
7002 MILITARY EQUIPMENT COORDINATOR
The Director of Public Safety should designate a member of this department to act as
the military equipment coordinator. The responsibilities of the military equipment co-
ordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of
this policy.
(b) identifying department equipment that qualf ies as military equipment In the current
possession of the Department or the equipment the Department intends to acquire that
requires approval by the governing body.
(c) Conducting an Inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the ju.
risdiction of Rohnert Park Department of Public Safety (Government Code § 7071),
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing the details of the meeting.
Z Preparing for public questions regarding the department's funding, acquisition, and
use of equipment.
(f) Preparing the annual military equipment report for submission to the Director of
Public Safety and ensuring that the report Is made available on the department website
(Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how
that person may submit a question about the use of a type of military equipment, and
Prow the Department will respond in a timely manner.
706.3 MILfTARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Depart,
ment:
1.40 TAM Launchers and Rounds: 40mm Launchers are utilized by department per-
sonnel as a less lethal tool to launch impact rounds.
(a) Description, quantity, capabil€lies, and purchase cost
1. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER. 91325. cost: $1090,
quantity: 9. The 40mm Single Launcher is a tactical single shot launcher that features
a Fixed stock and an Integrated Front Grip (IFG). It will Fire standard 4 rani less lethal
ammunition, up to 4.8 inches in cartridge length. It will. launch a 40mm Tess lethal round
up to 131 feet and is authorized to be used by officers trained in its use.
ii. COMBINED TACTICAL SYSTEMS, 40MM SPONGE, #4557, cast 0,00, qu2ntfty:400.
A less lethal 40Mrn lightweight foam projectile fired from a single 40mm grenade
launcher with a rifled harroI at 240.260 FPS. The 40mm Sponge Round provides accu-
rate and effective performance when fired from the approved distance of not less than
five (51 feet and as far as 131 feet from the target.
(b) Purpose - To limit the escalation of conflict where employment of lethal farce is pro-
hibited or undesirable,
(c) Authorized Use - Situations for use of the less lethal weapon systems may include,
but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(d) Training - Sworn members utilizing the 40mm launcher and the less lethal 40mm
impact rounds shall be trained in the use of such items by attending a POST certified
course, (4180.30995.70q, by POST certified less lethal instructors.
(e) Lffespan
t. Defense Technology #1325.25 years.
ii. Model 4557 Sponge- 5 years.
(f)i Fiscal impact - Annual maintenance is approrimafely $50 for each launcher.
(g) Legal and Procedural Rules - Use of the 40mm launcher and 40mm sponge rounds
is sutiawt to requirements of Policy 306 (Firearms), Policy 303A (Ktnefie Energy Pro.
jectile Guidellnes) and Policy 300 (Use of Force). it is the policy of the Rohnart Park Do-
parbnent of Public Safety to utilize the 40mm onty for official law enforcement purposes,
in accordance with ail requirements under State and Federal law, Including those re-
garding the use of force.
2. Less LeOhaf Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge
Super -Sock Beanbag Round.
(M Description, quantity. capabilities, and purchase cost
i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $90, quantity. H. The Remington
870 Less Lethal Shotgun Is used to deploy the lass lethal 12-gauge Super -Sock Bean.
bag Round up to a distance of 75 feet. The range of the weapon system helps to main -
lain space between officers and
a suspect reducing the Immediacy of the threat which is a principle of deescaiation.
it. 12-GAUGE SUPER -SOCK BEANBAG ROUND, cost: $5, quantity: 850. A less lethal
2.44nch 12-gauge shotgun round firing a ballistic fiber bag Cited with 40 grams of lead
shot at a velocity of 270-290 feet per second (FPS). CTS SuparSock rounds are dis-
charged from a dedicated 12-gauge shotgun that is distinvisbabie by an orange butt
stock and Fore grip. This round provides accurate and effective pe�fomrance when fired
from the approved distance of act fewer than five (5) feet The maximwn effective range
of this munition is up to 75 feet from the target. The Model 2581 Super -Sock is in its de-
ployed state immediately upon exiting the barrel. It does not require a minimum range
to "unfold" or "stabilize." The Super -Sock Is an aerodynamic p oject€le. However, ac-
curacy is relative to the shotgun, barrel length, environmental concl tfons, and fhe op-
erator.
The Super -Sock is very accurate. However, effectiveness depends an many variables,
such as distance, clothing, stature, and the point where the projectile impacts.
(b) Authorized Use - Situations for use of the less lethal weapon systems may
include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
ii. Rioticrowd control and civil unrest incidents.
fit. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations..
(c) Lifespan
I. Remington 870 Less Lethal Shotgun-25 years.
iL Super Sock Round. No listed explrabon date.
(d) Fiscal Impact - Annual maintenance Is approximately $50 per shotgun.
(e) Training - Sworn members utilizing the 12 gauge toss left) shotgun and beanbag
rounds shall be trained In the use of such items by attending a POST certified coursa,
(41IM309954N, by POST certfRed less lethal instructors.
(F) Legal and Procedural Rules- Use of the less lethal shotgun and beanbag rounds is
subject to Policy306 (Fireafnts), Policy 303.8 (Kinetic Energy Projectile Guidelines) and
Policy 300 (Use of Force). It is the policy of the Rohnert Park Department of Public
Safety to ufitize the less lethal shotgun only for official law enforcement purposes, and
pursuant to State and Federal law, including those regarding the use of force.
706.4 APPROVAL
The Director of Public Safety or the authorized designee shalt obtain approval from the
governing body byway of an ordinance adopting the military equipment policy. As part
of the approval process, the Director of Public Safety or the authorized designee shall
ensure the proposed military equipment policy is submitted to the governing body and
Is available on the department website at least 30 days prior to any public hearing con-
cerning the military equipment at Issue (Government Code § 7071), The in!] ry equip•
ment policy must be approved by the governing body prior to engaging In any of the
following (Government Code § 7071):
(a) Requeshrig military equipment made available pursuant to 10 USC § 2575a.
(b) Seeking funds for military equipment, including but not limited W applying for a
grant soliciting or accepting private, local. slate, or federal funds, in-ktnd donations,
or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by bor-
rowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use
of military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment fora purpose, in a manner, or by a
person not previously approved by the governing body.
jf) Soliciting or responding to a proposal for, or entering Into an agreement with, any
other person or entity to seek funds for, apply to receive, acquire, use, or collaborate
in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
706.E COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Jurisdiction shall be approved for use
and In accordance with this Department policy. MItkary equipment used by other juris.
dictions that are providing mutual aid to this jurisdiction she11 complywdh their respec•
five military equipment use policies In rendering mutual aid.
706.6 ANNUAL REPORT
Upon approval of a military equipment policy, the Director of Public Safely or the
thorbzed designee should subunit a military equipment report to the governing body
each type of military equipment approved within orie year of approval, and anr1w
thereafter for as long as the military equlpment is available for use (Government C(
§ 7072). The Director of Public Safety or the authorized designee should also mi
each annual military equipment report publicly available on the department website
as long as the military equipment Is avallable for use. The report shall include all IN
mation required by Government Code § 7072 for the pfeceding calendar year for e;
type of military equipment In department inventory.
7Di fK MMUWN n or
Within 30 days of submitting and publicly raleasing the annual report, the Departmer
shall braid at least one wall -publicized and conveniently located community engagemer
meeting, at which the Department should discuss the report and respond to pubic
questions regarding the funding, acquisition, or use of military equipment- Typica0
this will occur at the City of Rohnert Park City Council Meeting.
706.8 POLICY COMPLANa
Government Code section 7070 requires that this policy specify the mechanisms to
used by the Department to ensure compliance with this policy. Complaints regard)
vlolaiions of this policy are subject to investigation and discipline in accordance vi
Policy 1010, and other pollcles of the Department related to officer dlsciplline.
70" PUBLIC COMPLAINTS, QUES MUM, AND INVESTIGATION
Government Code section 7070 requires that this policy specify the procedures by
which members of the public may register complaints, submit questions about the use
of each specilc type of military equlpment subject to this policy, and procedures by
Writ the Oeparlmem wllt respond to such matters.
Complaints related to this policy may be submitted by the members of the public in ac-
cordance with Policy 1010, Complalnt forms and Instrucltons are posted by the Depart•
meet on its webs its. Complaints regarding violations of this policy are subject to
investigation and discipline in accordance with Policy 1010, and other policies of the
Department related to officer discipline.
Members of the public may submit questions related to the use of specific military
equipment to the Department in accordance with the California Public Records Act,
Government Code section 6250 at seq.
• Policy Adopted via Ordinance 964 on May 10, 2022 4• Policy Revised via Ordinance 977 on May 23, 2023
Publish Date: May 26, 2023
The Community Voice