Military Equipment Use Policy: funding, acquisition, and use
On September 30, 2021, Governor Newsom signed a series of eight (8) pieces of policing reform legislation aimed at increasing transparency around policing. AB 481, authored by Assemblymember David Chiu (D-San Francisco), was one of those pieces of legislation. AB 481, which became effective on January 1, 2022, was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have designated as to be “military equipment.”
AB 481 Summary:
AB 481, codified in Government Code section(s) 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a written Military Equipment Use Policy, via ordinance, at a public hearing, before law enforcement agencies may take certain actions relating to the funding, acquisition, or use of military equipment, as defined by the legislature.
HPD’s Military Equipment Use Policy
Once approval is granted, AB 481 requires law enforcement agencies to submit an annual Military Equipment Use Report to the City Council, summarizing the use of each type of equipment, complaints received, internal audits and information about violations of the Military Equipment Use Policy, the cost of military equipment, and other similar information. This annual Military Use Report must be posted to the law enforcement agency’s website and the law enforcement agency must hold at least one community engagement meeting for the general public to discuss the Report. On an annual basis, the City Council must review the Military Use Policy and ordinance as well as the Military Equipment Use Report, and vote on whether to renew the ordinance. A link to the Military Equipment Use Report will be posted to this page once submitted to City Council in 2023.
AB 481 Definition of Military Equipment:
The following categories of items are designated as “military equipment” under AB 481:
- Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)
- Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment Category 2)
- High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Equipment Category 3)
- Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)
- Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)
- Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)
- Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)
- Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8)
- Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns (Equipment Category 9)
- Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10)
- Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11)
- Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)
- TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)
- Kinetic energy weapons and munitions (Equipment Category 14)
- Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)
Current HPD Military Equipment Inventory List
Questions, concerns or complaints regarding AB 481 and Hayward Police Department's use of military equipment can be submitted in any format to the following: | |
|---|---|
| Mayor and City Council | 777 B Street, Hayward, CA | (510) 583-4400 | Email |
| City Manager's Office | 777 B Street, Hayward, CA | (510) 583-4300 | Email |
| City Attorney's Office | 777 B Street, Hayward, CA | (510) 583-4450 | Email |
| Human Resources Office | 777 B Street, Hayward, CA | (510) 583-4500 | Email |
| Internal Affairs Unit | 300 W. Winton Ave., Hayward CA | (510) 293-7059 | Email |
You also file a complaint online via Access Hayward:
Hayward Police Department Military Equipment Use Documents:
- Annual Military Equipment Use Report: July 2022 - March 2023
- Full Text of AB 481
- HPD's Military Equipment Use Policy
- Current HPD Military Equipment Inventory
- City Council web page
- City of Hayward AB 481 Signed Ordinance No. 22-06
Staff Reports:
Community Meeting Materials & Recordings:
The City of Hayward will host an online community meeting to provide information and answer questions about items in possession of the Hayward Police Department that are now characterized as military equipment under state legislation, AB 481.
The meeting will be moderated by Hayward City Manager Kelly McAdoo and Acting Chief of Police Bryan Matthews, and is intended to provide community members an opportunity to learn more about, ask questions and provide feedback on the types of equipment and material involved as well as on HPD training and policies covering their use.
The City of Hayward hosted an in-person Open House to provide information and answer questions about items in possession of the Hayward Police Department that are now characterized as military equipment under recently enacted state legislation, AB 481.
The online community meetings and in-person open house event were scheduled prior to City Council action on a military equipment-use policy for the Hayward Police Department. The June 11 meeting provided an opportunity for the community to view equipment currently in HPD's inventory, ask questions, and provide feedback on the types of equipment and material involved, as wellas on HPD training policies covering their use. This equipment was on display at the Open House, which was held at the North Resource Center in Downtown Hayward, Ca.
The City of Hayward hosted the second of two community meetings to provide information and answer questions about items in possession of the Hayward Police Department that are now characterized as military equipment under recently enacted state legislation, AB 481.
The online community meetings and in-person open house event were scheduled prior to City Council action on a military equipment-use policy for the Hayward Police Department. The June 6 meeting was moderated by Hayward City Manager Kelly McAdoo and Chief of Police Toney Chaplin, and was an opportunity for community members an opportunity to learn more about, ask questions and provide feedback on the types of equipment and material involved as well as on HPD training and policies covering their use. Below are the meeting materials and recording.
The City of Hayward hosted the first of two community meetings to provide information and answer questions about items in possession of the Hayward Police Department that are now characterized as military equipment under recently enacted state legislation, AB 481.
The online community meetings and in-person open house event were scheduled prior to City Council action on a military equipment-use policy for the Hayward Police Department. The May 26 meeting was moderated by Hayward City Manager Kelly McAdoo and Chief of Police Toney Chaplin, and was an opportunity for community members an opportunity to learn more about, ask questions and provide feedback on the types of equipment and material involved as well as on HPD training and policies covering their use. Below are the meeting materials and recording.
