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.”

On June 14, 2022, the Council adopted Ordinance No. 2935 approving the Department’s initial Military Equipment Use Policy. On October 24, 2023, the Department provided Council with an annual Military Equipment Use report and a proposed revised Military Equipment Use Policy. On November 14, 2023, Council approved Ordinance No. 2944, which approved Department Policy 706.

In adopting Ordinance No. 2944, Council, in part, approved the Department’s continued use of Sig Sauer MCX rifles. The Sig Sauer MCX rifles are used by the GGPD SWAT team. The Department has encountered various issues related to the design and capabilities of the Sig Sauer MCX rifles. The most significant challenges are related to their weight, length, gas blowback, and limitations in training use. As a result, the Department wishes to acquire new rifles which align better with the Department’s mission profile and tactics compared to the current Sig Sauer MCX platform. Throughout the research and testing phase, the Department’s objective has been to make a transition without incurring any out-of-pocket expenses. After careful evaluation, the Department has concluded that the Geissele Super Duty AR-15 is the most suitable choice for the Department’s needs, offering the best fit at an affordable price point. The acquisition of the new Geissele Super Duty AR-15 will eliminate the issues encountered with respect to the Sig Sauer MCX rifles, enhancing the team's operational effectiveness.

Government Code section 7071(a)(1) provides that prior to acquiring any military equipment (as that term is defined by Government Code section 7070), the Department must obtain Council approval, via adoption of an ordinance, of a military equipment use policy. 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. The same process applies to annual re-approval of the Department’s Military Use policy, as well as to any interim changes to the policy.

The revised policy being proposed by the Department is substantively identical to Policy 706 which was approved by Council on November 14, 2023, with its adoption of Ordinance No. 2944. The only change being proposed is the removal of the Sig Sauer MCX rifles, and addition of Geissele Super Duty AR-15 rifles for use by the GGPD SWAT team.

Because the Government Code requires that any proposed military equipment use policy be posted on the Department’s website for at least 30 days prior to any public hearing, the City Council is not being asked to consider the revised policy itself at this time. Instead, the policy is simply being submitted to Council as required by the Government Code such that the Council can consider whether or not to adopt the policy at a later regular meeting.

With respect to the acquisition of the rifles themselves, there will be no cost to the City. ProForce, a current vendor utilized by the Department, has agreed to purchase the old Sig Sauer MCX rifles along with additional non utilized SWAT gear, in return for the Geissele Super Duty AR-15’s. Further, there is only minimal financial impact associated with posting the proposed military equipment use policy on the Department’s website.

It is recommended that the City Council:

•  Receive and file the attached draft Military Equipment Use Policy;
•  Direct staff to post the attached draft Military Equipment use Policy on the Department’s website pending further consideration of the policy by the City Council; and
•  Direct Staff to add an agenda item for public hearing that is at least thirty (30) days from today’s date to consideration adoption of an ordinance approving the draft Military Equipment Use Policy.