TITLE
Recommendation to authorize City Manager, or designee, to approve the acquisition of previously authorized military equipment, including Defense Technology 40mm Exact Impact sponge munitions and ammunition, in compliance with Assembly Bill 481 and the Long Beach Police Department’s Special Order. (Citywide)
DISCUSSION
On September 30, 2021, Governor Newsom signed Assembly Bill (AB) 481, which codified protocols for law enforcement agencies regarding the funding, acquisition, use, and reporting of specific pieces of law enforcement equipment identified under Government Code Section 7070. Among the various requirements in the bill, it stipulates that each law enforcement agency in the State establish a policy on the use of “military equipment” identified for the governing body’s approval by ordinance. The Long Beach Department has fulfilled the above requirements by creating a Military Equipment Special Order containing equipment acquired prior to January 1, 2022; obtaining adoption from the City Council on October 18, 2022 after a comprehensive review; providing an online resource for community questions/complaints/engagement and assigning the responsibility of the department’s first Annual Report to the Office of Constitutional Policing.
AB 481 requires law enforcement agencies to obtain approval from the agency’s governing body before purchasing, raising funds for, or acquiring military equipment. The requested items are not new items to be added to the Special Order; authorization is needed because the purchase exceeds the 15 percent threshold stipulated in the Special Order. Per the Special Order, “When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 15 percent of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs.” Because this request will exceed that 15 percent threshold, City Council approval is requested for the purchase of the following items:
|
AB 481 Category |
Item Description |
Quantity |
Cost |
Purpose |
Special Order Page(s) |
|
14 |
Defense Technology, 40mm Exact Impact Sponge Munition, #6325 |
650 Each |
$24.00 |
AOTC Training |
4-5 |
|
10 |
Ammunition - Hornady .308 Winchester |
55 Boxes |
$301.83 |
SWAT Operations |
24-25 |
The final trimester of Advanced Officer Training Course (AOTC), from September through December 2023, is scheduled to provide POST mandated training and qualification with the 40mm launcher, also included in LBPD Manual Section 10.12.10 - Less Lethal Munitions. The Defense Technology, 40mm Exact Impact sponge round #6325 is a less-lethal lightweight plastic and foam projectile fired from a single or multi-shot 40mm launcher.
In addition, ammunition inventory has reached critically low levels. This purchase will augment the in-stock ammunition levels to support immediate and future needs for the Special Weapons and Tactics (SWAT) Unit. SWAT is a specialized unit of officers who are trained and equipped to respond to situations that exceed the capabilities of patrol officers. Requests to activate SWAT are made by an Incident Commander in select emergent circumstances, such as but not limited to, active shooter, barricaded suspect, and high-risk search warrants.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez and Budget Management Officer Nader Kaamoush on July 21, 2023.
EQUITY LENS
The City has incorporated the Equity Toolkit in this recommendation, as requested by the City Council on April 21, 2020. The equipment authorized herein will be used in accordance with State and federal laws to protect life and property, and to serve all people with respect, dignity and in a constitutional manner. LBPD has a firm policy prohibiting any bias-based policing practices as stipulated by Section 3.49.2 in the Long Beach Police Department Policy Manual: “Biased policing and racial profiling are prohibited both in the enforcement of the law and the delivery of other police services.”
TIMING CONSIDERATIONS
City Council action is requested on August 15, 2023, to comply with the requirements set forth by Assembly Bill 481.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
WALLY HEBEISH
CHIEF OF POLICE
APPROVED:
THOMAS B. MODICA
CITY MANAGER