Policy Text
DEPARTMENTAL GENERAL ORDER
K-7: Military Equipment Funding, Acquisition and Use Policy
Effective Date:
Coordinator: Special Operations Section
Page 1 of 14
COMMAND INTENT
The purpose of this policy is to provide rules for the approval, acquisition, use, and reporting requirements of military equipment, as outlined in Government Code § 7070, Oakland Municipal Code (OMC) 9.65, et. seq., in order to safeguard the public’s welf are,
safety, civil rights, and civil liberties.
A. P
OLICY AND APPLICABILITY
It is the policy of the Oakland Police Department (OPD) to have legally enforceable
safeguards, including transparency, oversight, and accountability, in place to protect the public’ s welfare, safety, civil rights, and civil liberties with respect to the funding,
acquisition, and use of equipment defined by statute as military equipment. The acquisition of military equipment and its deployment in our communities may impact the public’ s
safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should consider the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. The members of this Department will comply with the provisions
of Assembly Bill 481, Government Code § 7070, Oakland Municipal Code (OMC) 9.65,
et. seq. with respect to military equipment.
B.
DEFINITIONS
The definitions related to this policy are de fined in Government Code § 7070 and OMC
9.65:
Governing body – M eans the elected body that oversees a law enforcement agency or, if
there is no elected body that directly oversees the law enforcement agency, the appointed
body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county. [Government Code § 7070(a)]. As it pertains
to the City of Oakland, the Oakland City Council is the Governing body, but OPD must go
through the Oakland Police Commission for requests or submitting reports pertaining to
military equipment.
Law Enforcement Agency – A police department, including the police department of a
transit agency, school district, or any campus of the University of California, the California
State University, or California Community Colleges. [Government Code § 7070(b)(2)].
Military equipment – Defined military equipment includes, but not limited to, the
following [Government Code § 7070(c)(1)- (15)] and [OMC 9.65]: ATTACHMENT A
DEPARTMENTAL GENERAL ORDER K-7 Effective Date
OAKLAND POLICE DEPARTMENT DD MMM YY
Page 2 of 14 Controlled equipment – This term and term “Military equipment” are used
interchangeably.
• Unmanned, remotely piloted, powered aerial or ground vehicles [Government Code § 7070].
• Mine- resistant ambush -protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision [Government Code § 7070].
• Wheeled vehicles that are built or modified to provide ballistic protection to their
occupants, such as mine -resistant ambush protected (MRAP) vehicles or armored
personnel carriers. Police versions of standard consumer vehicles are specifically
excluded from this section [OMC 9.65]
• High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to
as Humvees, two -and-one- half-ton trucks, five -ton trucks, or wheeled vehicles that
have a breaching or entry apparatus attached. However, unarmored all -terrain
vehicles (ATVs) and motorized dirt bikes are specifically excluded from this
subdivision [Government Code § 7070.
• Wheeled vehicles that are built to operate both on -road and off -road, such as a
high mobility multipurpose wheeled vehicle (HMMWV), commonly referred to
as a Humvee, a two and one -half (2½) -ton truck, or a five (5) -ton truck, or vehicles
built or modified to use a breaching or entry apparatus as an attachment.
Unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically
excluded from this section [OMC 9.65].
• Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion [Government Code §
7070].
• Tracked vehicles that are built or modified to provide ballistic protection to their
occupants and utilize a tracked system instead of wheels for forward motion [OMC 9.65].
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units [Government Code § 7070] .
• Weaponized aircraft, vessels, or vehicles of any kind [Government Code § 7070].
• Weapon -bearing aircraft, vessels, or vehicles of any kind, whether manned or
unmanned [OMC 9.65].
DEPARTMENTAL GENERAL ORDER K-7 Effective Date
OAKLAND POLICE DEPARTMENT DD MMM YY
Page 3 of 14 • Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed