Military Equipment Use Policy

Merced County Sheriff’s Office Annual Military Equipment Use Report January 1, 2022 – December 31, 2022 EXECUTIVE SUMMARY On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Merced County Board of Supervisors), by adoption of a military equipment use polic y. The Merced County Sheriff’s Office is required to seek Board approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to board o f Supervisors review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report. Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website. Assembly Bill 481 California Government Code section 7072 states the following: (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 sh all submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minim um, include the following information for the immediately preceding calendar year for each type of military equipment : (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the ca lendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (7) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to t his section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enfo rcement agency’s funding, acquisition, or use of military equipment. In addition to maintaining the highest levels of public safety, the Merced County Sheriff’s Office is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Sheriff’s Office has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072. PURPOSE AND SCOPE The Merced County Sheriff’ s Office possesses and employs a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “P rovide responsive, professional, and caring law enforcement services to all the people of Merced County. We will respond to calls for service promptly, protect lives and property to the very best of our abilities, initiate and maintain crime prevention programs, and apprehend criminal offenders. ” While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident. The Merced County Sheriff’s Office recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commander s, officers, and specific units in bringing those incidents to a swift resolution, in a safe manner. The use of military equipment is restricted to certain instances and in some cases only by certain units. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time of use. It is incumbent upon i ncident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe re solution. SUMMARY OF MILITARY EQUIPMENT USAGES While the Merced County Sheriff’s Office inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Merced County Sheriff’s Office recogn izes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manne r. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, compl aints, and reported concerns from January 1, 2022 , through December 31, 2022