To: Board of Supervisors
From: David O. Livingston, Sheriff-Coroner
Report Title: The Contra Costa County Office of the Sheriff’s Annual Military Equipment Report for Calendar Year 2023
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1) RECEIVE the Contra Costa County Office of the Sheriff’s annual military equipment report for calendar year 2023; (2) RENEW County Ordinance No. 2022-29, which adopted and approved a military equipment use policy for the Office of the Sheriff; and (3) MAKE necessary findings based on the Office of the Sheriff’s annual military equipment report.
FISCAL IMPACT:
There is no fiscal impact associated with receipt of the report and renewal of Ordinance No. 2022-29.
BACKGROUND:
Assembly Bill 481
Assembly Bill 481 (“AB 481”), enacted in 2021 and set forth in Government Code sections 7070-7075, requires law enforcement agencies to obtain governing body approval of a “Military Equipment Use Policy” by an ordinance before the agency can use existing qualifying equipment or obtain new qualifying equipment. “Military equipment” is defined in Government Code section 7070(c), and includes equipment such as drones, certain firearms, and mobile command vehicles.
On August 2, 2022, the Board adopted Ordinance No. 2022-29, approving Contra Costa County Office of the Sheriff General Policy and Procedure Section 1.07.30, “Government Code § 7070 Defined Equipment” (“Equipment Use Policy”). The Equipment Use Policy and associated appendix of inventory of qualifying equipment (acquired before January 1, 2022) have been publicly available on the Office of the Sheriff’s website since May 2, 2022: <https://www.cocosheriff.org/community-information/government-code-section-7070-defined-equipment>.
The Office of the Sheriff is requesting that the Board take actions necessary to comply with AB 481, which include receiving the Government Code Section 7070 Defined Equipment Report from
the Office of the Sheriff for calendar year 2023 (“Annual Report”), renewing Ordinance No. 2022-29, and making required findings.
Annual Report for Calendar Year 2023
Government Code section 7072 requires the Office of the Sheriff to submit to the Board an annual military equipment report for each type of military equipment approved by the Board within one year of approval, and annually thereafter as long as the military equipment is available for use. Section 7072 also requires the Office of the Sheriff to make each annual military equipment report publicly available on its website for as long as the equipment is available for use.
The following information is required to be included in the annual report, for each type of military equipment:
(1) A summary of how the equipment was used and the purpose of its use;
(2) A summary of any complaints or concerns received concerning the equipment;
(3) The results of any internal audits, any information about violations of the equipment use policy, and any actions taken in response;
(4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the equipment in the calendar year following submission of the annual report;
(5) The quantity possessed for each type of equipment; and
(6) If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type of equipment.
The attached Annual Report includes the required information for the Office of the Sheriff for calendar year 2023. The Office of the Sheriff posted the Annual Report on its website beginning on May 30, 2023. This is the second Annual Report of the Office of the Sheriff as required by Government Code section 7072(a) and Ordinance No. 2022-29. Since adoption of Ordinance 2022-29, the Office of the Sheriff has not received any complaints or reported concerns regarding the use of any of the applicable equipment and there were no violations of the Equipment Use Policy. The Office of the Sheriff reviews each use of military equipment to ensure it complies with law and policy.
Community Engagement Meeting Held on June 25, 2024
At 6:00 p.m., on June 25, 2024, pursuant to Government Code section 7072(b), the Office of the Sheriff held the required annual community engagement meeting. For public awareness, the meeting was publicized through the Office of the Sheriff’s social media platforms (Facebook, Instagram, and Nextdoor) on June 4, and again through the Office of the Sheriff’s social media platforms (Facebook and Instagram) on June 21. The meeting was located at the Office of the Sheriff’s Administration and Emergency Operations Center at 1850 Muir Road in Martinez and allowed the general public to discuss and ask questions regarding the Annual Report and the Office of the Sheriff’s funding, acquisition, and use of the equipment. During the meeting, the Office of the Sheriff staff provided a presentation and allowed participants to ask questions.
Military Equipment Anticipated Equipment Purchases
The appendix attached to the Equipment Use Policy reflects that the Office of the Sheriff maintains and uses the following items listed in AB 481:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. This includes small, unmanned aircraft systems (sUAS) and robots.
(2) Wheeled vehicles, commonly referred to as “BearCats,” with entry apparatus attached.
(3) A command vehicle used as a mobile office for critical incidents, search and rescue missions, natural disasters, and other events.
(4) Breaching apparatuses attached to each BearCat and apparatuses that can be explosive in nature.
(5) Specialized firearms, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code.
(6) Diversionary “flashbang” grenades, “tear gas,” and “pepper balls.”
(7) Long Range Acoustic Devices (LRADs).
(8) 40mm projectile launchers and associated munitions.
The Equipment Use Policy and appendix reference the specific and authorized uses of the equipment. Personnel must be trained on the equipment before any deployment. The Office of the Sheriff’s use of force policy requires employees to exercise any use of force judiciously and with respect for human rights, dignity, and life. Deputies may only use a level of force that is objectively reasonable to protect themselves and others. It is the policy of the Office of the Sheriff not to interfere with, harass, intimidate, or discriminate against persons engaged in the lawful exercise of their rights. All use of force incidents are also documented and reviewed to ensure compliance with agency policy and the law. Any use of the sUAS must comply with constitutional and privacy rights and FAA regulations.
Much of the equipment included in the Equipment Use Policy is highly specialized and designed to perform a specific task. Frequently, there is no cost-effective alternative available. When there are alternatives available, staff members will conduct testing on and research regarding similar products from different manufacturers to determine the most cost-effective product, while considering performance and durability.
For this initial ordinance renewal, as set forth on page 13 of the Annual Report, the Office of the Sheriff is providing a list of projected equipment purchases for the next fiscal year, including the type of equipment, manufacturer and model, quantity sought, associated costs, and sources of funds for the purchases. The projected purchases include purchases of only the types of equipment previously approved by the Board. Following renewal of the ordinance and completion of the anticipated purchases, the Office of the Sheriff will update the equipment inventory that is attached to the Equipment Use Policy. The Office of the Sheriff will then post the updated inventory on its website.
Findings Required for Renewal of Ordinance 2022-29
Government Code section 7071(e) requires the Board to review Ordinance 2022-29 annually and vote on whether to renew the ordinance at a regular meeting. Based on the Annual Report, it is recommended that the Board determine that each type of military equipment identified in the Annual Report has complied with the standards for approval set forth in Government Code section 7071(d) and make the following findings:
(1) The military equipment inventoried and presented to the Board is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
(4) Prior military equipment use complied with the applicable equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
It is further recommended that the Board, in making these required determinations, further finds that Ordinance No. 2022-29 continues to comply with the standards for approval and satisfies the requirements of AB 481.
By approving this order, the Board will make the above-noted findings. No modifications are required at this time and Ordinance No. 2022-29 shall remain in effect in its current form.
CONSEQUENCE OF NEGATIVE ACTION:
The Office of the Sheriff would not be able to perform its requisite public safety duties to safeguard the lives of Contra Costa citizens.