Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy via ordinance, prior to use of any equipment defined by the Government Code as “military equipment.”  For military equipment purchased or within the possession of a law enforcement agency prior to January 1, 2022, a law enforcement agency’s continued use of such equipment may continue provided that a military equipment use policy is presented to the governing body by May 1, 2022, and thereafter approved by the governing body within 180 days of such presentation.

The Garden Grove Police Department (Department) is in possession of and uses equipment which meets the Government Code’s definition of “military equipment.” Accordingly, the Department drafted a proposed military equipment use policy which meets the requirements of Government Code section 7070(d) and presented it to the City Council at its April 12, 2022, regular meeting.  The Policy, General Order No. 2.29 is now presented for adoption.  General Order No. 2.29 governs the use of military equipment by the Department and includes the following as required by the Government Code:

• A description of the type of military equipment within the possession of, or sought to be acquired by, the Department;

• The purposes and authorized uses of military equipment identified in the policy;

• The fiscal impact of each type of military equipment identified by the policy;

• The legal and procedural rules that govern authorized use of the military equipment identified by the policy;

• The required training by members of the Department that must be completed prior to use of the military equipment identified by the policy;

• The mechanisms to ensure compliance with the policy; and
• Procedures by which a member of the public can register complaints or concerns, or submit questions about the use of each type of military equipment identified by the policy, as well as how the Department will ensure that each complaint, concern, or question will be addressed in a timely manner.

The Department’s mission is to provide the highest quality police services to the communities it serves. The Department values transparency, public input, and welcomes open dialogue about its practices and operations.  The preservation and sustainability of public safety, officer safety, and civil rights is paramount. The Police Department responds to a wide variety of critical incidents, instances of civil unrest, life and death situations, and operates in numerous unpredictable and dynamic environments. As such, a variety of equipment options are needed for an effective and safe resolution to those situations. The Police Department’s diverse catalog of military equipment and associated training gives Garden Grove Police Officers the confidence and capability to de-escalate volatile situations, enhance the safety or the public and officers, and bring critical incidents to a safe resolution.

From time to time, the Police Department may be required to assist or be assisted by other law enforcement agencies in a mutual aid request.  These partnerships with partner law enforcement agencies and the ability to provide mutual aid and operational collaboration is an integral part of maintaining the continuity of public safety within the region.  In certain mutual aid or operational collaboration circumstances, it may be necessary for Garden Grove Police Officers to utilize military equipment to fulfill an assigned mission (i.e. civil unrest, SWAT requests, or other critical incidents). In those situations, members of the Department are required to adhere to the Department’s Military Equipment Use Policy and all Department policies and procedures, regardless of operational jurisdiction. Conversely, should another law enforcement agency assist in a mutual aid request in the City of Garden Grove, this procedure has been established to ensure that their use of military equipment is consistent with the guidelines set forth within the Department’s Military Equipment Use Procedure.

Government Code section 7071(a)(2) provides that no later than May 1, 2022, a law enforcement agency seeking to continue use of military equipment acquired prior to January 1, 2022, must “commence a governing body approval process….” The process defined by section 7071 requires the Department to submit a proposed military equipment use policy to the City Council and to post that policy on the Department’s website for a period of at least 30 days prior to any public hearing by the City Council regarding the policy. Government Code section 7071(c) requires the City Council to consider any proposed military equipment use policy as an agenda item for an open session of a regular meeting and to provide for public comment regarding the policy.

It is recommended that the City Council:

• Conduct a public hearing; and

• Introduce an ordinance approving and adopting the Garden Grove Police Department’s Military Equipment Use Policy and pass it to second reading.