Title
Military Equipment Use Policy Community Forum Planning
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FileID
File ID: 2025-01020
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Location
Location: Citywide
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Recommendation
Recommendation: Discuss the Sacramento Community Police Review Commission’s outreach and community engagement ideas and efforts for the annual Military Equipment Use Policy Community Forum.
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Contact
Contact: Kim Carter-Martinez, Chair, Sacramento Community Police Review Commission
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Presenter
Presenter: Kim Carter-Martinez, Chair, Sacramento Community Police Review Commission
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Attachments
Attachments:
1-Description/Analysis
2-2024 Commission Report on its Community Engagement Process (2023 MEU Report included)
3-2024 Commission Community Engagement Process
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Description/Analysis
IssueDetail
Issue Detail: California Assembly Bill 481 (“AB 481”) codified as California Government Code sections 7070 - 7075, requires a law enforcement agency (“LEA”) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the Local Enforcement Agency’s funding, acquiring, or using military equipment. AB 481 requires Local Enforcement Agencies to annually obtain approval of a renewed ordinance adopting its military equipment use (“MEU”) policy for the funding, acquisition, or use of military equipment in addition to any changes in its inventory, policy, and annual reports by the applicable governing body. The Sacramento Community Police Review Commission (“Commission”) began its work on the City’s MEU policy, practices, and report in 2022 (resulting in the 2022 Recommendations for the MEU policy. In August 2022, the Commission sent a letter to Mayor and Council with its concerns about the City’s MEU Policy. (Attachment 3). On September 13, 2022, City Council approved the Sacramento Police Department’s (“SPD”) revised Military Equipment Use (“MEU”) Policy - General Order (GO) 410.06. (As such, SPD may use the military equipment specified therein.) (Ordinance No. 2022- 0025) In addition, City Council directed:
“(a) the Annual Military Equipment Use Report must include specific demographic reporting, including upon whom military equipment has been used (e.g., race and ethnicity), when the military equipment has been used, and where military equipment has been used (e.g., zip code) (with the City Manager and Chief of Police reporting back to the City Council regarding the budget necessary to facilitate that reporting);
(b) the Police Department and the Community Police Review Commission shall develop a process for full community engagement and within 120-180 days report back to the City Council with their recommendations, with that process to included (i) review of individual cases by the Office of Public Safety Accountability and public disclosure of its conclusions to the extent allowed by law and (ii) review of the Police Department’s Annual Military Equipment Use Report, inclusive of specific demographic reporting, by the Community Police Review Commission, which shall report back to the City Council regarding any necessary changes; and
(c) the Police Department and the Community Police Review Commission shall, within the next 120-180 days, engage in discussion regarding (i) instances in which the use of any particular item of military equipment is expressly disallowed and (ii) circumstances in which the Police Department must return to the City Council for further approval to procure military equipment.” (File No.2022- 01758, Item No. 7)
At the Council’s direction, SPD was to do the following:
1) Demographic Reporting - SPD should, through its annual Military Equipment Use reports, provide detailed demographic information about when military equipment is used in the city, including who, when, race and ethnicity, and zip code. If resources are needed for gathering this information, a budget augmentation could be considered.
2) Community Engagement - SPD should work with the SCPRC to solicit community input and provide feedback on the MEU policy with a focus on the following:
a. What should Office of Public Safety Accountability’s role be in reviewing individual instances of military equipment misuse?
b. SCPRC review of SPD’s annual report and data trends and how to address changes it might recommend before its MEU policy is updated?
c. Discussion on limitations for when military equipment may or may not be appropriate for use in civilian environments.
This item is to discuss ideas and efforts to comply with Council’s direction for this year’s MEU Policy forum.
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PolicyConsiderations
Policy Considerations: None.
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed action is not a project under CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).)
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Sustainability
Sustainability: Not applicable.
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Commission/Committee Action
Commission/Committee Action: None.
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RationaleforRecommendation
Rationale for Recommendation: None.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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