HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2024-04-17 Agenda Packet
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE
WEDNESDAY, APRIL 17, 2024 AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online: https://tinyurl.com/PAAC-2024-04-17
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
AGENDA
How to participate in the meeting:
• You are welcome to provide comments in-person at the meeting. Each speaker will have 2-
minutes to provide public comment.
• Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the day of the
meeting.
CALL TO ORDER – 6:00PM
MINUTES
1. Approve regular meeting minutes from the meeting of February 21, 2024.
SPECIAL PRESENTATIONS
2. Special Presentations
a. AB 481 Military Equipment. Scott Eberle, Lieutenant San Rafael Police Department.
Presentation
AB 481 Annual Report
OTHER AGENDA ITEMS
If necessary to ensure the completion of the following items, the Chairperson may establish
time limits for the presentations by individual speakers.
3. Other Agenda Items:
a. San Rafael Police Department Law Enforcement Training
Recommendation: Receive the report.
2
b. 2024 Police Advisory and Accountability Committee Meeting Schedule
Recommendation: Amend the date or time of the May meeting.
STAFF LIAISON REPORT
4. Other brief program updates or reports on any meetings, conferences, and/or seminars
attended by staff.
COMMITTEE REPORTS
5. Other brief reports on any meetings, conferences, and/or seminars attended by the
Committee members.
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Police Advisory and Accountability Committee at this
time on matters not on the agenda that are within its jurisdiction. Comments may be no
longer than 2 minutes and should be respectful to the community.
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, shall be available for
inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, California placed with other agenda-
related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-
3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours
in advance of the meeting. Copies of documents are available in accessible formats upon request.
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
WEDNESDAY, JANUARY 17, 2024 AT 6:00 PM
In-Person:
San Rafael Public Safety Center
1375 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
https://www.youtube.com/watch?v=4Po7RDWAWBI
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chairperson Paula Kamena called the meeting to order at 6:00 PM.
ROLL CALL
Present:
Member Daniel Alm
Member Marilyn Alvarez
Vice Chair Daryoush Davidi
Chairn Paula Kamena
Member Mydung Nguyen
Member Darlin Ruiz
Member Fatai Tokolahi
Alternate Member Salamah Locks
Alternate Member Karla Valdez
Absent: None
Also Present: Angela Robinson Piñon, Assistant City Manager
David Spiller, Chief of Police, San Rafael Police Department
Scott Eberle, Lieutenant, San Rafael Police Department
Lieutenant Scott Eberle informed the community that the in-person meeting would also be recorded and
streamed live to YouTube and through Zoom. He noted the two-minute timer for public comment and closed
captioning on Zoom.
Page 2 of 4
1. MINUTES
Approve the minutes from the February 21st, 2024 meeting as presented
Chair Kamena invited public comment.
Speakers: None.
Member Alm moved, and Member Tokolahi seconded to approve the minutes from the February 21,
2024 meeting as presented.
AYES: MEMBERS: Alm, Alvarez, Davidi, Nguyen, Ruiz, Tokolahi & Chair Kamena
NOES: MEMBERS: None
ABSENT: MEMBERS: None
The motion carried 7-0-0.
SPECIAL PRESENTATION
2. Special Presentation:
a. Special Presentation: Police Safety Officers Procedural Bill of Rights Act (“POBR”) by Mark Wilson,
Burke, Williams and Sorensen, LLP
Chairperson Paula Kamena introduced the item.
Mark Wilson, a partner at Burke, Williams & Sorensen, LLP gave a presentation and overview of the
Police Safety Officers Procedure Bill of Rights Act.
Staff responded to the Committee’s questions.
Chairperson Kamena invited public comment.
Speakers: Xania, Garcia, Heidi, Jason Sarris
The Committee provided comments.
b. Special Presentation: Internal Affairs by Lieutenant Todd Berringer, San Rafael Police Department
Chairperson Kamena introduced the item.
Lieutenant Todd Berringer gave a presentation and overview of the Police Administrative
Investigations.
Staff responded to the Committee’s questions.
Chairperson Kamena invited public comment.
Speakers: Jason, Heidi
OTHER AGENDA ITEMS
3. Other Agenda Items:
a. Lieutenant Scott Eberle re-introduced the staff report for the San Rafael Department’s
Page 3 of 4
Recruitment and Selection Plan, and provided a summary to the committee.
Chairperson Paula Kamena invited members to ask questions.
Staff responded to questions from the Committee.
Chairperson Kamena invited public comment.
Speakers: Heidi, Kalisha
Members provided feedback to staff as follows:
Alternate Member Salamah Locks expressed a desire for the inclusion of cultural awareness
to the document.
Member Daniel Alm requested references or citations listed in the plan that would
corroborate the information in the graphs. Requested a conversion rate from employees that
were recruited from within the organization.
Member Darlin Ruiz requested cultural competency training for new officers specific to the
Canal community, and requested new officers be cordial when interacting with community.
STAFF LIAISON REPORT
3. Staff Liaison Report: - None.
COMMISSIONER REPORTS
4. Committee Member Reports:
• Alternate Member Salamah Lock attended the “Age 90 and Better” event hosted at the San
Rafael Community Center on March 10. Member Locks also attended the Marin Powow on
March 17 at Terra Linda High School.
• Member Daryoush Davidi attended an oral interview for potential San Rafael Police Officers.
• Member Daniel Alm attended an event hosted by the Western Neighborhood Homeowners
Association on Crime within the neighborhood. Member Alm also met with Chief Spiller and
Omar Carrera from Canal Alliance and encouraged the other members to connect with officials
and other interested parties.
• Member Fatai Tokolahi encouraged members to get involved in communities different from their
own to continue to connect and grow with the community. In addition to continuing dialogue
with the youth.
• Member Darlin Ruiz is supporting the Multicultural Center of Marin regarding emergency
preparedness. Member Ruiz has been canvassing neighborhoods to ensure they are signed up for
alerts and asked residents about their police needs. Some highlights include the need for more
police presence and to continue the coffee with a cop event to increase PD support for
mitigating traffic when school buses are present, and to cite those who are publicly inebriated.
• Member Marilyn Alvarez has had conversations with neighbors regarding their needs and
perceptions of the police department. Some of Member Alvarez’s findings include continued fear
of reporting incidents due to fear of authority, and the need for more patience with residents,
especially those that do not speak English.
OPEN TIME FOR PUBLIC EXPRESSION
Chairperson Kamena invited members of the public to comment on items not listed on the agenda.
Page 4 of 4
• Florencia Parada commented on the continued need to work together to find solutions that are
acceptable to both the community and the police department, requested more information on the field
training program, and encouraged staff to improve the translation and interpretation process.
• Heidi commented regarding the need to improve the language access services for the committee
meeting.
• Jason commented on the arbitration process granted to police officers on the Memorandum of
Understanding between the City and the police officers and his concern that officers who have bad
records can get reinstated. Jason requested that the committee review the memorandum of
understanding.
• Alexandra commented on the need and urgency of co-creating solutions with all interested parties and
requested improvements on the language access.
• Samantha reminded the committee of its purpose and the need to continue reaching out to all members
of the community to lend their voices, as not a single individual can speak for the community as a whole.
ADJOURNMENT
Chairperson Kamena adjourned the meeting at 8:18 PM
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS __ DAY OF ___________2024
4892-5804-0425 v1
AB 481 Military Equipment
Annual Report 2023
Prepared by:
Lieutenant Scott Eberle
San Rafael Police Department
Submitted April 1st, 2024
4892-5804-0425 v1
Military Equipment Use AB 481 Compliance Requirements:
• Approval of the Military Use Policy (Completed May 2022, Policy 706)
• Approval of the Police Acquisition and Use of Military Equipment Ordinance
(Completed May 2022, SRMC 2.52)
• The initial Community Engagement Meeting will be on April 17th at the Police Advisory
and Accountability Committee meeting.
• Current Military Equipment Inventory (Attached)
• Annual Report (See below)
Annual Report Description
Assembly Bill (AB) 481 requires police departments to report annually on the inventory,
procurement, use, and misuse of covered military equipment items. This Report also includes a
description of new military equipment the San Rafael Police Department (“Department” or
“SRPD”) seeks City Council approval for acquisition and funding.
Per AB 481, an annual report must include the following:
(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 calendar 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.
SRMC 2.52 Military Equipment Policy (Approved May 2022)
As required by AB 481, the City Council approved and enacted by resolution Municipal Code
Section 2.52 to approve a Military Equipment Use Policy. The City Council's approval shall
remain effective for one year, during which approval may be revoked, extended, renewed,
modified, or amended by resolution of the City Council. Within a year of the initial approval,
4892-5804-0425 v1
and at least annually thereafter, the City Council will review this section and related resolutions.
The City Council may, by resolution, make amendments, modifications, or revisions to the
Military Equipment Use Policy adopted by the San Rafael Police Department. The Ordinance
must be reviewed and renewed annually.
A. The City Council has made the following determinations:
1. The military equipment inventoried and presented to the City Council is necessary because
there is no reasonable alternative that can achieve the same objective of officer and civilian
safety.
2. The military equipment use policy (Lexipol policy 706) will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
3. The equipment is reasonably cost-effective compared to available alternatives that can achieve
the same objective of officer and civilian safety (if any).
4. Prior military equipment use complied with the applicable equipment use policy (which
included equipment now defined as military equipment) that was in effect at the time, or if prior
uses did not comply with the accompanying military equipment use policy, corrective action has
been taken to remedy nonconforming uses and ensure future compliance.
Equipment Usage for 2023
As evident in the Military Equipment Inventory, the San Rafael Police Department does not own
any equipment in categories 3, 4, 6, 8, 9, 11, or 13. The SRPD has not obtained, nor does it
utilize, any equipment procured from the United States Department of Defense through the Law
Enforcement Support Program (also known as the 1028 or 1033 program).
Category 1: Tactical Robot and Unmanned Aerial Vehicles 1
In 2023, the SRPD used the equipment shared in Category 1 solely for training situations,
including range and SWAT.
The Marin County Sheriff’s Office (MCSO) also has an Unmanned Aerial Vehicle (UAV) that is
not a shared piece of equipment. On occasion, we ask them for mutual aid assistance. For
transparency reasons, we share that the San Rafael Police Department requested the UAV from
1 The Unmanned Aerial Vehicle (UAV) is a shared piece of equipment that the Novato Police
Department purchased and stores.
4892-5804-0425 v1
the Marin County Sheriff’s Office six times in 2023. The following pages briefly summarize the
incidents where the SRPD used the equipment in Category 1.
1) On June 10th, 2023, a black Acura SUV was reported stolen in San Rafael. Three days
later, the same vehicle was used in an armed robbery at a gas station in Terra Linda, with
surveillance footage capturing the suspect's description. In the early hours of June 18th,
two more armed robberies occurred, one at a different gas station in Terra Linda and the
other at Panera Bread in the Mall at Northgate. The suspect and vehicle matched those
from the previous incidents.
On June 19th, an officer on patrol spotted the vehicle in the Montecito Plaza Shopping
Center and attempted a traffic stop. The vehicle failed to yield, leading to a high-speed
chase into the area near San Quentin State Prison, where the suspect fled on foot into a
nearby neighborhood. Due to the suspect's potential for violence, the San Rafael/Novato
Specialized Weapons and Tactics team, along with the Marin County Sheriff's Office
UAV, was called in for assistance. The SWAT team deployed the Armored Rescue
Vehicle (ARV) while the Crisis Response Team was on standby for negotiations.
Meanwhile, the suspect attempted to evade capture by calling his mother for help, but
officers intercepted and arrested him without further incident. The UAV was used to
search the open space between the prison and Highway 580 while the ARV remained
stationed at the command post. (SR23-3871)
2) On July 17th, San Rafael Police Officers responded to shots fired at an apartment complex
in Terra Linda. Upon arrival, the victim was detained out front and could not confirm if
the suspect had a firearm inside the apartment. The back side of the apartment complex
backed up to a very steep hill and was not easily accessible by officers on foot. Because
the suspect was not following commands, the Marin County Sheriff’s Office UAV team
was called to help secure a visual perimeter on the back side of the apartment. The Crisis
Response Team arrived de-escalated the situation, and the suspect self-surrendered. No
one sustained any major injuries. (SR23-4481)
3) On April 29th, around 9:30 pm, San Rafael Police Officers responded to reports of an
armed robbery and shots fired near Mill and Hoag Streets in the Canal neighborhood.
Upon arrival, they found a victim who had been robbed of his wallet and shot in the foot.
Detectives took charge of the investigation and identified several suspects based on
collected evidence.
Then, on September 3rd, at approximately 1:00 am, the San Rafael Dispatch Center
received multiple calls about shots fired in the Safeway parking lot in Terra Linda.
Officers promptly responded and found a male victim critically injured from a gunshot
wound to the neck. Detectives took over this case and linked the same suspects to the
previous robbery in April and other violent crimes in our city and Novato. The suspects
4892-5804-0425 v1
were identified as known gang members. Due to their history of violence, a search
warrant was issued for the suspect's phone and residence.
On September 13th, the San Rafael/Novato SWAT team, Crisis Response Team, and
Marin County Sheriff's Office UAV team collaborated on a planned operation to
apprehend these suspects. They were traced to a vehicle in a parking lot in Tiburon,
where the SWAT team apprehended them using the ARV. Although the UAV was called,
it was not used by the Department. The suspects were taken into custody, and the ARV
transported the SWAT and Crisis Response teams to the suspect's house in the Canal
neighborhood to execute the search warrant. (SR23-5486)
4) On September 19th, officers were dispatched to a Central San Rafael neighborhood
following reports of gunfire. Callers described hearing a physical altercation, verbal
confrontations, and gunshots. Upon arrival, officers encountered two individuals inside
an apartment who were uncooperative. Concerned about potential injuries and the lack of
cooperation, the San Rafael/Novato Crisis Response Team was summoned to facilitate
negotiations. Due to the challenging layout of the area, which made it difficult for
officers to maintain cover while monitoring the apartment's front door, the Marin County
Sheriff's UAV team was requested to provide secure surveillance and ensure the safety of
the officers involved. The San Rafael/Novato Armored Rescue Vehicle was also
deployed to position officers closer to the front of the building, ensuring their safety
behind the vehicle's armor while maintaining proximity to the target area. After a short
while, both parties exited the apartment, and no injuries or evidence of gunfire was
found. (SR23-5859)
5) On October 10th, at approximately 6:26 am, a victim parked his Ford Sprinter delivery
van in front of 145 Third Street, leaving the keys in the ignition while he went inside to
deliver a package. Within a minute, upon returning, he found the Ford missing and a
bicycle seemingly run over in its place. Around 6:40 am, a Sheriff's Deputy spotted the
van on San Pablo Road. Upon attempting to conduct a traffic stop, the driver abandoned
the vehicle and fled the scene on foot. San Rafael Police Department established a
perimeter, and the Marin County Sheriff’s UAV team was summoned to aid in the search
of the surrounding area for the driver/suspect. Despite efforts, no suspects were
apprehended. (SR23-6345)
6) On November 12th, at 7:34 pm, an unidentified individual contacted SRPD via the non-
emergency line, claiming to have shot their mother with an AR-15 at a residence in San
Rafael. The caller, refusing to disclose their identity, abruptly ended the call when SRPD
Dispatch pressed for further details. Police officers swiftly mobilized to the area,
establishing a command post. A thorough investigation, including a neighborhood
canvass, determined that the house in question was likely vacant and undergoing
4892-5804-0425 v1
renovations. The Marin County Sheriff’s Office UAV team was requested and deployed
the UAV to inspect the premises, confirming the interior was gutted. Utilizing the UAV
ensured officers' safety while conducting their assessment without exposing themselves
to potential harm. This incident, resembling a "swatting"2 call, ultimately proved
unfounded. (SR23-7115)
Category 2: Armored Rescue Vehicle: Ford Transit-Van
The Armored Rescue Vehicle (ARV) is a resource shared with the Novato Police Department.
The San Rafael–Novato Crisis Response Unit (CRU) deployed the Armored Rescue Vehicle
three times in 2023. All three of those occasions are outlined above:
1) The armed robbery suspect fled into the San Quentin area, as documented in incident #1
above.
2) The multiple gang shootings and high-risk search warrants are detailed in incident #3
above.
3) The incident involving reported "shots fired" at a possible domestic incident is outlined in
incident #4 above.
Category 5: Command Trailer
In 2023, the SRPD did not use the Command Trailer.
Category 7: Breaching Projectiles
In 2023, the SRPD did not use any equipment in Category 7.
Category 10: Patrol and SWAT Rifles and ammunition
In 2023, the SRPD used the equipment shared in Category 10 solely for training situations,
including range and SWAT.
Category 12: Diversionary Device, Tear Gas &Air Powered Less Lethal
Device (pepper ball)
In 2023, the SRPD used the equipment shared in Category 12 solely for training situations,
including range and SWAT.
2 Swatting is defined as making a prank call to emergency services in an attempt to bring about the
dispatch of a large number of armed police officers to a particular address.
4892-5804-0425 v1
Category 14: Less than Lethal Impact Device (Kinetic Energy Munitions)
In 2023, the San Rafael Police Department utilized the equipment in Category 14 in training
situations including the range and SWAT training. The Department also used Less than Lethal
Impact Devices in the following three incidents.
1. On July 1st, around 12:30 am, officers responded to reports of a possible person driving
under the influence in a silver Toyota Tacoma around Marin Square. Upon locating the
vehicle, an officer found two occupants asleep inside. As the officer approached, the
driver attempted to flee, prompting a vehicle pursuit. Dispatch revealed the license plate
as lost/stolen. Another officer deployed a tire-disabling spike strip, immobilizing the
vehicle. The vehicle was still able to escape but was located near the freeway. A high-risk
stop was initiated, and officers instructed the occupants to exit but received no response.
With tinted windows hindering visibility, an officer fired three less lethal 40mm rounds
to break the windows for a better view. Upon inspection, the vehicle was found
unoccupied, and no injuries were reported. Subsequently, the suspects were apprehended
near the Extended Stay parking lot without further incident. (SR23-4155)
Summary of Complaints for 2023
The San Rafael Police Department did not receive any complaints concerning military equipment
in 2023.
Violations of Policy 706
An internal review revealed no violations of Policy 706.
Total Annual Cost for Military Equipment
The attached Military Equipment Inventory documents the fiscal impact for each category’s
yearly maintenance costs. The only new purchases in 2023 were ten new rifles for Patrol Officers
and two additional rifles for the Precision Response and Observation Team (PROT) approved by
the San Rafael City Council during the AB 481 presentation in July of 2023 3.
3 https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2023/07/5.c-San-Rafael-Police-
Department-AB-481-Military-Equipment-Annual-Report-and-Renewal-of-Military-Equipment-Use-
Policyrev.pdf
4892-5804-0425 v1
Replacement Military Equipment Inventory List
1. Rifles for Patrol (Category 10 on Current Inventory List)
Proposed Weapon system to replace current rifles: AR15 style 16" Carbine 1/7 .223 Rifle
Currently, our patrol unit is equipped with 84 Colt Rifles, a significant portion of which are over
ten years old and require replacement. Following our current replacement plan, we aim to replace
ten rifles annually until all patrol rifles are under warranty. Last year marked the commencement
of this initiative with the purchase of ten new patrol rifles, accompanied by the disposal of the
outdated ones to ensure they were no longer in circulation.
Description: A Colt AR15 style 16-inch Carbine 1/7 .223 Rifle will be assigned to a specific
person on patrol, and only be utilized for training and patrol. This equipment offers a higher
degree of accuracy over long distances. The ammunition used in these rifles is also more
effective at penetrating body armor (as some suspects have worn during high-profile shooting
events in the country). This equipment is normally kept secure in patrol vehicles and in the
Armory at the Public Safety Center. They will only be deployed on specific incidents where
Officers believe guns or weapons are involved.
Total Replacement Cost: is $10,446.90for ten rifles (based on the current quote but could vary
depending on the time of purchase). We would destroy the ten old rifles in accordance with
United States Department of Justice (DOJ) laws, and they would be removed from our inventory.
Purpose: If present and feasible, it is to be used as a precision weapon to address a threat with
more precision and/or greater distances than a handgun.
Authorized Use: Members may deploy the rifle in any circumstance where the member can
articulate a reasonable expectation that the rifle may be needed subject to the Legal and
Procedural Rules found below. Situations for the use of these weapon systems may include, but
are not limited to, the following:
- Situations where the member reasonably anticipates an armed encounter.
- Officers may use deadly force to protect themselves or others from what they
reasonably believe is an imminent threat of death or serious bodily injury.
Lifespan: The lifespan of a Colt AR15 style 16-inch Carbine 1/7 .223 Rifle is ten years.
Training: Officers must successfully complete a 24-hour patrol rifle course and regular
Department firearms training and qualifications as required by law and policy. Firearm
Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must
attend an 80-hour basic SWAT Team course.
Fiscal Impact: Annual Maintenance is approximately $100 per rifle.
4892-5804-0425 v1
Legal And Procedural Rules: The use of patrol rifles and ammunition is subject to the
requirements of POLICY 300 (USE OF FORCE), and Policy 306 (FIREARMS). It is the policy
of the San Rafael Police Department to utilize rifles only for official law enforcement purposes,
in accordance with all requirements under State and Federal law, including those regarding the
use of force.
2. New Proposed Items for the Military Equipment Inventory List
There are no new proposed items for the Military Equipment list in 2024.
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 1
Community Meeting
Assembly Bill 481: 2023 Annual Report
Military Equipment Funding, Acquisition & Use
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 2
Community Meeting
Assembly Bill 481
2023 Annual Report / Year 1 Update
Facilitated by:
•Lieutenant: Scott Eberle
April 17, 2024
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 3
Agenda:
•Assembly Bill 481 Background
•Military Equipment Defined
•Annual Report (Draft)
•Questions & Concerns
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 4
AB 481: Background
•Assembly Bill 481 was authored by Assembly Member David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment.
•Increase transparency and oversight for use of military equipment
•March of 2022 and in April of 2023, we hosted a community meeting about AB481. (The link can be found in the transparency portal on the srpd.org website)
•On May 2nd, 2022, The San Rafael City Council approved the Military Equipment Policy (706) and Municipal Code (SRMC 2.52).
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 5
Military Equipment Defined:
•“Military Equipment” as defined in
AB 481 is classified in 15 specific
categories [GC Sec 7070(c) 1-15]
•“Military Equipment” does not include
general equipment not designated or
controlled by the federal Defense
Logistics Agency
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 6
AB 481 Requires Initial Approval and
Annual Reporting:
•AB 481 requires an annual report presented to the City Council to include:
A summary of how the equipment was used.
A summary of any complaints.
The results of any internal audits, violations of the military any actions taken in response.
Costs associated for each type of military equipment.
The quantity or each type of military equipment.
Any military equipment the law enforcement agency intends to acquire in the next year.
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 7
Military Equipment Defined:
•Category 1:Unmanned, remotely piloted, powered aerial or ground vehicles
•Category 2:Mine-resistant ambush-protected vehicles or armored personnel
carriers
•Category 3: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
•Category 4:Tracked armored vehicles that provide ballistic protection to their
occupants
•Category 5:Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety units
•Category 6:Weaponized aircraft, vessels, or vehicles of any kind
•Category 7:Battering rams, slugs, and breaching apparatuses that are explosive
in nature
•Category 8:Firearms of .50 caliber or greater
•Category 9:Ammunition of .50 caliber or greater
•Category 10:Specialized firearms and ammunition of less than .50 caliber
•Category 11:Any firearm or firearm accessory that is designed to launch explosive
projectiles
•Category 12:Noise-flash diversionary devices and explosive breaching tools,
munitions containing tear gas or OC, excluding standard, service-
issued handheld pepper spray
•Category 13:TASER® Shockwave, microwave weapons, water cannons, long-
range acoustic devices
•Category 14:Kinetic energy weapons and munitions
•Category 15:Any other equipment as determined by a governing body or a state
agency to require additional oversight
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 8
Military Equipment Defined:
•Category 1:Unmanned, remotely piloted, powered aerial or ground vehicles
•Category 2:Mine-resistant ambush-protected vehicles or armored personnel
carriers
•Category 3: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
•Category 4:Tracked armored vehicles that provide ballistic protection to their
occupants
•Category 5:Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety units
•Category 6:Weaponized aircraft, vessels, or vehicles of any kind
•Category 7:Battering rams, slugs, and breaching apparatuses that are explosive
in nature
•Category 8:Firearms of .50 caliber or greater
•Category 9:Ammunition of .50 caliber or greater
•Category 10:Specialized firearms and ammunition of less than .50 caliber
•Category 11:Any firearm or firearm accessory that is designed to launch explosive
projectiles
•Category 12:Noise-flash diversionary devices and explosive breaching tools,
munitions containing tear gas or OC, excluding standard, service-
issued handheld pepper spray
•Category 13:TASER® Shockwave, microwave weapons, water cannons, long-
range acoustic devices
•Category 14:Kinetic energy weapons and munitions
•Category 15:Any other equipment as determined by a governing body or a state
agency to require additional oversight
Denotes SRPD Equipment in inventory
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 9
Armored Rescue Vehicle:
Category 2: As defined, Mine-resistant ambush-protected
vehicles or armored personnel carriers
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 10
San Rafael P.D. AB 481
Equipment list funding source:
AB 481
Category
Equipment Type /
Description
How Equipment
Was Funded
How Long
Equipment Has
Been in Inventory
Category 1 Remote Controlled
Robot (Tactical Robot)General Fund 2010
Category 2 Armored Rescue Vehicle
(Wheeled)
State Homeland
Security Grant 2019
Category 5 Command Trailer
(Towable)
Office of Traffic
Safety Grant 2006
Category 7 Breaching Round /
Projectile General Fund 2005
Category 10 Patrol Rifles / Precision
Rifles General Fund 2001
Category 12 Diversionary Devices /
Tear Gas General Fund 1995
Category 14 Less Lethal / Kinetic
Energy Rounds General Fund 1997
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 11
Annual Report
Equipment Usage:
The San Rafael Police does not possess any equipment in Category 3,4,6,8,9,11,13 and 15.
The equipment from category 7, 10 and 12 was only used at an approved range for training purposes. * The equipment in category 1 was not used but we did request the use of a UAV from the Marin County Sheriff’s.
6/19/23- Apprehension of a wanted violent felon. (ARV use Cat. 2)
7/17/23- Domestic dispute with possible firearm involved.
09/13/23-Arrest of violent gang members. (ARV use Cat. 2)
10/10/23-Search for a wanted vehicle theft suspect. (ARV use Cat. 2)
11/12/23- SWATTING incident.
The Command Trailer (category 5) was not used in 2023.
The Armored Rescue Vehicle (category 2) was used at approved training as well as three other high risk operations as outlined above.
Less than Lethal impact devices (category 14) were used at approved training as well as one high risk situation.
07/01/23- Performing a high-risk traffic stop.
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 12
Annual Report:
•The San Rafael Police
Department has received no
complaints regarding military
equipment in 2023.
•An internal review reveled no
violations regarding military
equipment in 2023
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 13
Annual Report:
•Equipment Replacement
–10 Patrol Rifles (Category 10)
•On-going rotation and
replacement of rifle inventory (10
/ year)
•Old Rifles will be destroyed
•Cost for 2024-$10,446.90
•New Equipment
–None
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 14
Why the Police Department Needs
This Equipment:
The San Rafael Police Department maintains an inventory of select items as defined in
AB 481…
These select items are in police department inventory and use is authorized by department policy for:
The safe and peaceful resolution to situations involving lack of suspect compliance or active suspect resistance (The safe and peaceful resolution to situations for all involved including potential suspects, non-involved public and officers)
To allow for time, distance & de-escalation
Police Advisory and
Accountability Committee
Meeting April 17, 2024
srpd.org
Slide 15
Questions, comments &
concerns
Agency Name Military Equipment Inventory 1
Type Description Quantity Capabilities Expected
lifespan Manufacturer's description Purpose and authorized uses Fiscal impact Legal and procedural
rules
Required
training
Compliance
mechanisms
Category 1
Tactical Robot ROBOTEX remote controlled tactical robot, track
driven, attachable arm and trailers 1
Remote
intelligence
gathering device
10 years
The AVATAR® enhances the capabilities of SWAT and tactical response teams
by allowing them to quickly and safely inspect dangerous situations, there is no
longer a need to send personnel in before you’ve had a chance to assess the
situation
Emergency incidents above
normal patrol operations.
$27,627.68
initial cost in
2010. $500
average yearly
maintenance
costs
Refer to SRPD policy
300.
Agency authorized
orientation course
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Tactical Robot Northern Lights Tactical remote controlled,
armored tactical robot 1
Larger and
heavier robot
capable of
delivering items
in high risk
situations and
range training
10 years Northern Lights Tactical TRACS robot target system. Features 10-inch foam-
filled tires and has a top speed of 7 miles per hour.
Range training for moving
targets. And exceptional high
risk situations.
$10,025 initial
cost in 2008.
$100 average
yearly
maintenance
costs
Refer to SRPD policy 300
and range procedures None
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Unmanned Aerial Vehicles (Shared with
Novato PD)Small unmanned aerial system 4
28 minute flight
time per battery,
maximum
transmission
distance 3-10
km based on
surroundings
3 years Grey DJI unmanned aerial system, <249 g weight, four rotor remotely operated
airframe with video and photo capability
All-hazard and incidents which
would benefit from an aerial
perspective.
$2,000 initial
cost; $500
annual
maintenance
Refer to Novato PD
policies 613.
Agency-authored
orientation course;
Monthly
individual
training; Quarterly
team training.
Requires Watch
Commander
authorization
Category 2
Armored Rescue Vehicle: Ford Transit-
Van 350 HD (Shared with Novato PD)
Armored, wheeled vehicle. White, reflective San
Rafael / Novato PD markings and red/blue lights.
Equipped with a siren. Can hold a driver,
equipment, and seven passengers.
1
Range 100 mi.
Armor rated to
.50 cal.
10 years Four-wheeled, five-speed automatic transmission, gas engine-powered personnel
carrier with ballistic glass and armor rated to .50 cal.
To provide for the safe
transport, security, and rescue
of agency personnel and
citizens in high-risk incidents.
Shared
resource with
Novato PD,
$150,272.50
initial cost,
$1000 annual
maintenance
costs
Refer to policies 702,
703.
Agency-authored
orientation course
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Category 5
Command Trailer: 2006 Sundowner 30 foot wheeled trailer, bathroom, towable, white,
reflective San Rafael Mobile Command markings 1
equipment
movement,
command and
control mobile
location
10 years Towable, wheeled-trailer
Equipment movement / mobile
dispatch, command meeting
location at emergency
incidents.
Purchased in
2006.
$18,727.
$500 annually
maintenance
cost
Refer to policies 702, 703
Class A drivers
license required to
tow
None
Category 7
Breaching Projectiles: Remington TB-
12BK 12 Gauge breaching rounds 100 Operational
range 0-1 foot 5 years Ballistic breaching round used to defeat a variety of structures to include exterior
and interior doors.
To breach entrances beyond
the capabilities of hand held /
impact methods.
$150 initial
purchase for
duty
projectiles,
less than $50
per year for on
going cost
Refer to policies 300,
303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Category 10
Patrol Rifle (COLT, Olympic Arms &
Knights Armament)
.223 caliber AR-15 rifle, semi automatic [Standard
Issue Firearm - Patrol Application]84 Single round 10 years M4/AR15 semi-automatic rifle, gas operated, 16.1 inch barrel
Officers may use deadly force
to protect themselves or others
from what they reasonably
believe is an imminent threat
of death or serious bodily
injury.
$884 each for
initial
purchase $500
ongoing for
maintained
costs.
Refer to SRPD policies
300 &306.
Agency-authored
orientation course;
annual refresher.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
Rifle: COLT (SWAT Operator) .223 caliber M-4 semi-automatic rifle, short barrel 15
Single or
multiple round
option
10 years M-4 semi-automatic rifle, 11.4 inch barrel
Officers may use deadly force
to protect themselves or others
from what they reasonably
believe is an imminent threat
of death or serious bodily
injury.
$1,200 each,
$500 yearly
maintenance
costs.
Refer to SRPD policies
300 & 306.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor. Use is
subject to the applicable
policies (300.5, 300.5.1,
301, 303.11)
Agency Name
Agency Name Military Equipment Inventory 2
Rifle : Accuracy International .308 AT LE 2 Single round
only 10 years Precision .308 caliber, gas-operated rifle
Precision Rifle team use.
Officers may use deadly force
to protect themselves or others
from what they reasonably
believe is an imminent threat
of death or serious bodily
injury.
$5,844 each
initial cost,
$500 yearly
maintenance
Refer to SRPD policies
300 & 306.
Agency-authored
orientation course;
monthly refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
.223 caliber rounds .223 caliber rounds (Patrol Rifle Rounds)$10,000+
operational
range 0-1000
yards
N/A .223 caliber rounds
Officers may use deadly force
to protect themselves or others
from what they reasonably
believe is an imminent threat
of death or serious bodily
injury.
$358 per 1000
rounds,
$10,000 a year
for ongoing
replacement
costs
Refer to SRPD policies
300 & 306.
Initial orientation
course including
qualification;
annual
recertification
including
qualification.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
.308 caliber rounds .308 caliber rounds (Precision Rifle Rounds)500+
Operational
range 0-1000
yards
N/A .308 caliber rounds
Officers may use deadly force
to protect themselves or others
from what they reasonably
believe is an imminent threat
of death or serious bodily
injury.
$450 per 500
rounds, $450
a year for
replacement
rounds
Refer to SRPD policies
300 & 306.
Initial orientation
course including
qualification;
annual
recertification
including
qualification.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
Category 12
Diversionary Device - Def-Tec Diversionary Device with reloads 44 Approx. 162db
at 5 feet 5 years A reloadable unit that can be used up to 30 times.
Distraction / diversionary
device to be used in high risk
situations in accordance to
policy.
$35 each, no
ongoing costs.
Refer to SRPD policy 300
303,303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Diversionary Device - ALS-TRMR Reloadable Diversionary Device (Housing unit
only)10
Approx. 172db
and 1.2 PSI at 5
feet
5 years
The reloadable diversionary device can be reloaded up to 250 times. The body
incorporates a safety button. Upon deployment the device's kinetic energy causes
the top to move the firing pin into the primer to function.
Distraction / diversionary
device to be used in high risk
situations in accordance to
policy.
$250 each,
replacements
cost when
needed.
Refer to SRPD policy 300
303,303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Reloadable Distraction Rounds Reloads for the ALS-TRMR distraction device, 12
Gauge muzzle bang 59 N/A 5 years 12 ga muzzle bang that produces 175dB at 5 feet
Distraction / diversionary
device to be used in high risk
situations in accordance to
policy.
$7.50 per box
of 5. $100 a
year ongoing
costs for
replacements
Refer to policies 300,
303,303.9, 303.9.1,
303.9.2, 303.9.3.
Initial orientation
course including
qualification;
annual
recertification
including
qualification.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor.
Tear Gas: Chemical CS / Chemical OC
Combination CS and OC irritants (Can be "thrown"
or discharged via department approved delivery
system)
143
Capable of
deployed up to
450 feet
5 years When utilized, the submunition will discharge the agent for approximately 20-30
seconds, on average, providing a wide area of coverage.
Agency approved less lethal
and chemical rounds to be used
in accordance to policy in high
risk and volatile situations.
$944.20 initial
purchase and
average
$500/year
maintenance
costs
Refer to SRPD policies
300, 303, 303.6, 303.9,
303.9.1, 303.9.2, 303.9.3,
306.
Initial Orientation
course including
qualification;
annual ongoing
training
Operational use under
the review of the Watch
Commander or
appropriate team
supervisor.
Custom Air-Powered Less Lethal Delivery
System (pepper ball) - Tippman 98
Semi-automatic, single shot, compressed air
powered delivery system (paint ball gun)4 Effective range
150 Ft 10 years .68 caliber, semi-automatic, 3000 PSI HPA (paint ball gun that is meant to
discharge chemical irritant projectiles)
Agency approved less lethal
and chemical rounds to be used
in accordance to policy in high
risk situations
$600 Initial
cost, $150
every two
years for more
projectiles.
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor. Use is
subject to the applicable
policies (300.5, 300.5.1,
301, 303.11)
Category 14
Less than Lethal Impact Device (Multi-
Use) - ALSTAC -40mm
Double action multi-shot 40 mm less than lethal
weapon 1 Up to 40 yards 10 years A double-action, multi-shot, 40mm delivery system. Designed to discharge
40mm less-than-lethal ammunition
Agency approved less lethal
and chemical rounds to be used
in accordance to policy in high
risk situations.
$3200 initial
purchase, no
anticipated
ongoing costs
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor. Use is
subject to the applicable
policies (300.5, 300.5.1,
301, 303.11)
Agency Name
Agency Name Military Equipment Inventory 3
Less Lethal Impact Device (Single-Use) -
ALSTAC -40mm
Double action, single shot, 40mm less than lethal
weapon 12 Up to 40 yards 10 years A double-action, single shot, 40mm delivery system. Designed to discharge
40mm less-than-lethal ammunition
Agency approved less lethal
and chemical rounds to be used
in accordance to policy in high
risk situations.
$740 initial
purchase each,
no anticipated
ongoing costs
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Operational use under
the review of the SWAT
Commander or
appropriate team
supervisor. Use is
subject to the applicable
policies (300.5, 300.5.1,
301, 303.11)
Kinetic Energy Projectiles: 40mm (ALS
4006D)
40mm, foam-tipped kinetic energy discharged from
an agency-authorized 40mm delivery device.100+Operational
range 5-120 ft.5 years 40mm foam-tipped projectile capable of traveling 325 fps to a maximum range of
120 feet.
To compel an individual to
cease his/her actions when
such munitions present a
reasonable option. A verbal
warning of the intended use of
the device should precede its
application.
$25.00 each
and
approximately
$1000 yearly
for training
projectiles
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Initial orientation
course including
qualification;
annual
recertification
including
qualification.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
Shotgun: Remington 870 12 Gauge pump-action Shotgun (Orange Stock /
Utilized as Less Lethal Delivery System)51 Single round 10 years Single shot pump-action.
To be used with Less-lethal
bean bag rounds.To compel an
individual to cease his/her
actions when such munitions
present a reasonable option. A
verbal warning of the intended
use of the device should
precede its application.
$424 each,
$500-ongoing
for
maintenance
costs
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
Kinetic Energy Projectiles: 12 Gauge "bean
bag" rounds
12 Gauge cotton sock discharged from an agency-
authorized 12 Gauge deliver device 100+21 feet N/A 12ga cotton sock round capable of traveling 525 fps.
To compel an individual to
cease his/her actions when
such munitions present a
reasonable option. A verbal
warning of the intended use of
the device should precede its
application.
$535.00 per
100, $500
annual
replacement
cost
Refer to SRPD policies
300, 303, 303.9, 303.9.1,
303.9.2, 303.9.3.
Agency-authored
orientation course;
annual refresher.
Use is subject to the
applicable policies
(300.5, 300.5.1, 301,
303.11).
Agency Name
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92
Ch. 406 — 2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92
— 3 — Ch. 406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military
Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means 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. (b) “Law enforcement agency” means any of the following:
(1) 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. (2) A sheriff’s department. (3) A district attorney’s office. (4) A county probation department. (c) “Military equipment” means the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) 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. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters,
92
Ch. 406 — 4 —
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight
92
— 5 — Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of
92
Ch. 406 — 6 —
the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications
92
— 7 — Ch. 406
to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall 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 minimum, 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 calendar 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. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this 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 enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92
Ch. 406 — 8 —
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would
92
— 9 — Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92
Policy
706
San Rafael Police Department
San Rafael PD Policy Manual
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Military Equipment Funding, Acquisition and
Use Policy - 1
Military Equipment Funding, Acquisition and Use
Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment categories – Includes but is not limited to the following:
1.Unmanned, remotely piloted, powered aerial or ground vehicles.
2.Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded
from this subdivision.
3.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.
4.Tracked armored vehicles that provide ballistic protection to their occupants and utilize
a tracked system instead of wheels for forward motion.
5.Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
6.Weaponized aircraft, vessels, or vehicles of any kind.
7.Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram
designed to be operated by one person, are specifically excluded from this subdivision.
8.Firearms of.50 caliber or greater. However, standard issue shotguns are specifically
excluded from this subdivision.
9.Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is
specifically excluded from this subdivision.
10.Specialized firearms and ammunition of less than.50 caliber, including assault
weapons as defined in Sections 30510 and 30515 of the Penal Code, with the
exception of standard issue service weapons and ammunition of less than.50 caliber
that are issued to officers, agents, or employees of a law enforcement agency or a
state agency.
11.Any firearm or firearm accessory that is designed to launch explosive projectiles.
San Rafael Police Department
San Rafael PD Policy Manual
Military Equipment Funding, Acquisition and Use Policy
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Military Equipment Funding, Acquisition and
Use Policy - 2
12."Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls,"
excluding standard, service-issued handheld pepper spray.
13.Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic
Device (LRAD).
14.The following projectile launch platforms and their associated munitions: 40mm
projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM)
weapons.
15.Any other equipment as determined by a governing body or a state agency to require
additional oversight.
706.2 POLICY
It is the policy of the San Rafael Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police may designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b)Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c)Conducting an inventory of all military equipment at least annually.
(d)Collaborating with any allied agency that may use military equipment within the
jurisdiction of San Rafael Police Department (Government Code § 7071).
(e)Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1.Publicizing the details of the meeting.
2.Preparing for public questions regarding the department's funding, acquisition,
and use of equipment.
(f)Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
(g)Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
A current inventory of the Military Equipment is listed on the department's website; SRPD.ORG
San Rafael Police Department
San Rafael PD Policy Manual
Military Equipment Funding, Acquisition and Use Policy
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Military Equipment Funding, Acquisition and
Use Policy - 3
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the governing body and is available on the department website at least 30 days prior
to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the
following (Government Code § 7071):
(a)Requesting military equipment made available pursuant to 10 USC § 2576a.
(b)Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
(c)Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d)Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e)Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f)Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g)Acquiring military equipment through any means not provided above.
706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in
accordance with this Department policy. Military equipment used by other jurisdictions that are
providing mutual aid to this jurisdiction shall comply with their respective military equipment use
policies in rending mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee shall also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in department inventory.
San Rafael Police Department
San Rafael PD Policy Manual
Military Equipment Funding, Acquisition and Use Policy
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Military Equipment Funding, Acquisition and
Use Policy - 4
706.8 COMMUNITY ENGAGEMENT
The San Rafael Police Department will update on its website any changes to its military equipment
so that it is available to members of the public. Along with updating the website, the Department
will provide a link to which the community can address any comments or concerns relating to
funding, acquisition, or use of military equipment.
Policy
306
San Rafael Police Department
San Rafael PD Policy Manual
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 1
Firearms
306.1 PURPOSE AND SCOPE
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms
maintenance and firearms training.
This policy does not apply to issues related to the use of firearms that are addressed in the Use
of Force or Officer-Involved Shootings and Deaths policies.
This policy only applies to those members who are authorized to carry firearms.
306.2 POLICY
The San Rafael Police Department will equip its members with firearms to address the risks
posed to the public and department members by violent and sometimes well-armed persons.
The Department will ensure firearms are appropriate and in good working order and that relevant
training is provided as resources allow.
306.3 DEFINITIONS
Firearm Lockbox is a locked metal storage container designed for the purpose of storing
individual or multiple firearms. A firearm lockbox will be operated and opened with a
key, alpha, numeric or alphanumeric passcode, individually assigned smart card, or through the
use of a biometric recognition system.
Locking Weapons Rack is a permanently mounted device used to secure a rifle or less lethal
shotgun in a marked or unmarked emergency vehicle.
306.4 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS
Members shall only use firearms that are issued or approved by the Department and have been
thoroughly inspected by a member of the SDAT/Firearms staff. Except in an emergency or as
directed by a supervisor, no firearm shall be carried by a member who has not qualified with that
firearm at an authorized department range.
All other weapons not provided by the Department, including but not limited to edged weapons,
chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by
law or that is not covered elsewhere by department policy, may not be carried by members
in the performance of their official duties without the express written authorization of the
member’s Bureau Commander. This exclusion does not apply to the carrying of a single folding
pocketknife that is not otherwise prohibited by law.
306.4.1 HANDGUNS
The authorized department-issued handgun is the Glock 17 9mm, or other handgun as authorized
by the Chief of Police. When a department handgun is issued to a sworn member of the police
department, that member must carry the department-issued handgun as their primary handgun
while on duty or if they are a member of the SWAT Team, they must carry it as their primary
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 2
handgun for SWAT duties. Any sworn member who has been issued a handgun and later decides
to no longer carry the handgun as previously described shall turn it in to the Training Manager
immediately. Only one handgun will be issued to a sworn member.
The Department has approved a variety of handguns for use by its sworn personnel. This list is
subject to periodic change. While on duty, all sworn uniformed personnel shall carry a primary
handgun, which has a barrel length of no less than 4 inches and not more than 6 inches, allowing
for 1/4 inch manufacturer tolerance. While on duty, all sworn non-uniform or undercover personnel
shall carry a handgun which has a barrel length of no less than 2 inches and not more than 6
inches, allowing for 1/4 inch manufacturer tolerance. All sworn personnel, whether on- or off-duty,
may carry a secondary handgun, which shall have a barrel length of no less than 2 inches and
not more than 6 inches, allowing for 1/4 inch manufacturer tolerance.
All manufacturer applies finishes shall be allowed. Finishes shall be maintained in a clean,
functional condition. The modification of any handgun, other than changes in sights, stocks
or finish, are strictly prohibited. Trigger pulls shall be maintained according to manufacturer
specifications. All manufacturer-approved and installed safety devices shall be maintained
according to manufacturer recommendations and/or specifications. All semi-automatic pistols
used on- or off-duty, whether department issue or personal property, must be equipped with an
internal firing pin safety block installed by the manufacturer.
REVOLVERS:
Approved manufacturers:
•Smith & Wesson
•Dan Wesson
•Colt
•Ruger
Models:
•Any double-action model, produced by an approved manufacturer may be used
as long as it is designed to chamber and safely fire the Department-approved
ammunition, and the manufacturer approves use of such ammunition.
Calibers:
•.357 magnum
•.38 special
Ammunition:
•.357 magnum - Federal 158 grain Hydra Shok JHP
•.38 special - Federal 147 grain Hydra Shok JHP (+P+)
•In addition to the above, the following ammunition is authorized for use in off-duty or
secondary weapons only:
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 3
o .38 special - Winchester 110 grain Silver Tip Hollow Point Super X
Capacity:
•All double action revolvers used on-duty shall have a cylinder capacity of six rounds.
All double action revolvers used off-duty shall have a cylinder capacity of five or
six rounds. Double action revolvers shall be carried with a full cylinder and with the
hammer down.
SEMI-AUTOMATIC PISTOLS:
Approved manufacturers:
•Smith & Wesson
•Beretta
•Ruger
•Sig Sauer
•Heckler & Koch
•Browning
•Colt
•Wilson Combat
•Walther
•Mauser
•Glock
•Springfield
•Para Ordinance
•Kimber
•CZ
Models:
•Any model produced by an approved manufacturer may be used as long as it is
designed to chamber and safely fire the Department-approved ammunition and the
manufacturer approves use of such ammunition.
Calibers:
•9mm
•.357 magnum
•.40 S&W
•.45 ACP
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 4
•.380 ACP (secondary handgun and off-duty only)
Ammunition:
•9mm - Federal 147 grain HST
•.45 ACP - Federal 230 grain HST
•.40 S&W - Federal 180 grain HST
•.357 sig - Federal 150 grain Hydra Shok JHP
•The following ammunition is authorized for use in secondary and off-duty handguns
only:
o .380 ACP - Federal 90 grain Hydra Shok
Capacity:
•The pistol shall have a capacity of at least seven rounds, including one chambered
round.
The single action semi-automatic pistol shall be carried with a full magazine and a round in the
chamber. It shall be carried in full cock position. The manual safety shall be in the on position.
The double action semi-automatic pistol shall be carried with a full magazine and a round in the
chamber. It shall be carried with the hammer down and the de-cocking lever (safety) on. The
double action pistol de-cocking lever shall be used to de-cock the hammer when any actual use or
training leaves the pistol in single action mode, thus placing the pistol in the double action mode.
This will prevent moving or holstering the pistol while in the single action mode.
RELOADING CAPACITY:
Uniformed sworn personnel shall carry a minimum of 18 rounds and a minimum of two
additional reloading devices that are compatible with the primary handgun used. Uniformed sworn
personnel shall carry the required reloading devices on the front half of the duty gun belt. Any
additional ammunition must be carried in reloading devices. Uniformed sworn personnel carrying
a secondary weapon shall carry it with the ammo at full capacity.
On-duty plain-clothes sworn personnel shall carry a minimum of 12 rounds and at least one
additional reloading device that is compatible with the primary handgun. They shall not carry loose
rounds in clothing pockets. On-duty, plain-clothes sworn personnel carrying a secondary weapon
shall carry it with the ammo at full capacity.
Off-duty and undercover sworn personnel may carry as many rounds as the officer deems
appropriate in a manner they deem appropriate.
306.4.2 SHOTGUNS
The authorized department-issued shotgun is the Remington 870 12 gauge Less Lethal Soft Sock.
When not deployed, the shotgun shall be properly secured consistent with department training in
a locking weapons rack in the patrol vehicle.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 5
306.4.3 PATROL RIFLES
The authorized department-issued patrol rifle is the AR-15 223 Rifle.
Members may deploy the patrol rifle in any circumstance where the member can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the patrol rifle may include, but are not limited to:
(a)Situations where the member reasonably anticipates an armed encounter.
(b)When a member is faced with a situation that may require accurate and effective fire
at long range.
(c)Situations where a member reasonably expects the need to meet or exceed a
suspect's firepower.
(d)When a member reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
(e)When a member reasonably believes that a suspect may be wearing body armor.
(f)When authorized or requested by a supervisor.
(g)When needed to euthanize an animal.
When not deployed, the patrol rifle shall be properly secured consistent with department training
in a locking weapons rack in the patrol vehicle.
306.4.4 PERSONALLY OWNED DUTY FIREARMS
Members desiring to carry an authorized but personally owned duty firearm must receive written
approval from the Chief of Police or the authorized designee. Once approved, personally owned
duty firearms are subject to the following restrictions:
(a)The firearm shall be in good working order and on the department list of approved
firearms.
(b)The firearm shall be inspected by the Professional Standards Sergeant prior to being
carried and thereafter shall be subject to inspection whenever it is deemed necessary.
(c)Prior to carrying the firearm, members shall qualify under range supervision and
thereafter shall qualify in accordance with the department qualification schedule.
Members must demonstrate proficiency and safe handling, and that the firearm
functions properly.
(d)Members shall provide written notice of the make, model, color, serial number and
caliber of the firearm to the Professional Standards Sergeant, who will maintain a list
of the information.
306.4.5 AUTHORIZED SECONDARY HANDGUN
Members desiring to carry department or personally owned secondary handguns are subject to
the following restrictions:
(a)The handgun shall be in good working order and on the department list of approved
firearms.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 6
(b)Only one secondary handgun may be carried at a time.
(c)The purchase of the handgun and ammunition shall be the responsibility of the
member unless the handgun and ammunition are provided by the Department.
(d)The handgun shall be carried concealed at all times and in such a manner as to prevent
unintentional cocking, discharge or loss of physical control.
(e)The handgun shall be inspected by the Professional Standards Sergeant prior to being
carried and thereafter shall be subject to inspection whenever it is deemed necessary.
(f)Ammunition shall be the same as department issue. If the caliber of the handgun
is other than department issue, the Chief of Police or the authorized designee shall
approve the ammunition.
(g)Prior to carrying the secondary handgun, members shall qualify under range
supervision and thereafter shall qualify in accordance with the department qualification
schedule. Members must demonstrate proficiency and safe handling, and that the
handgun functions properly.
(h)Members shall provide written notice of the make, model, color, serial number and
caliber of a secondary handgun to the Professional Standards Sergeant, who will
maintain a list of the information.
306.4.6 AUTHORIZED OFF-DUTY FIREARMS
The carrying of firearms by members while off-duty is permitted by the Chief of Police but may
be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to
carry a firearm while off-duty, based on their authority as peace officers, will be required to meet
the following guidelines:
(a)The member may use his/her duty firearm or may use a personally owned firearm
that is carried and inspected in accordance with the Personally Owned Duty Firearms
requirements in this policy. A member carrying his/her duty firearm will be deemed to
have complied with (c), (d) and (e) of this section.
1.The purchase of the personally owned firearm and ammunition shall be the
responsibility of the member.
(b)The firearm shall be carried concealed at all times and in such a manner as to prevent
accidental unintentional cocking, discharge or loss of physical control.
(c)It will be the responsibility of the member to submit the firearm to the Professional
Standards Sergeant for inspection prior to being personally carried. Thereafter the
firearm shall be subject to periodic inspection by the Professional Standards Sergeant.
(d)Prior to carrying any off-duty firearm, the member shall demonstrate to the
Professional Standards Sergeant that he/she is proficient in handling and firing the
firearm and that it will be carried in a safe manner.
(e)The member will successfully qualify with the firearm prior to it being carried.
(f)Members shall provide written notice of the make, model, color, serial number and
caliber of the firearm to the Professional Standards Sergeant, who will maintain a list
of the information.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 7
(g)If a member desires to use more than one firearm while off-duty, he/she may do so,
as long as all requirements set forth in this policy for each firearm are met.
(h)Members shall only carry department-authorized ammunition.
(i)When armed, officers shall carry their badges and San Rafael Police Department
identification cards under circumstances requiring possession of such identification.
306.4.7 AMMUNITION
Members shall carry only department-authorized ammunition. Members shall be issued fresh
duty ammunition in the specified quantity for all department-issued firearms during the member’s
firearms qualification. Replacements for unserviceable or depleted ammunition issued by the
Department shall be dispensed by the Professional Standards Sergeant when needed, in
accordance with established policy. Members carrying personally owned authorized firearms of
a caliber differing from department-issued firearms shall be responsible for obtaining fresh duty
ammunition in accordance with the above, at their own expense.
Approved ammunition:
•9mm Federal 147 grain HST
•.45 ACP - Federal 230 grain HST
•.40 S&W - Federal 180 grain HST
•.357 sig - Federal 150 grain Hydra Shok JHP
•The following ammunition is authorized for use in secondary and off-duty handguns
only:
o .380 ACP - Federal 90 grain Hydra Shok
306.5 FIREARMS QUALIFICATIONS
All sworn personnel are required to qualify at least twice a year with their duty weapon and
annually with their off-duty weapon and secondary weapon at an approved range with a
department-approved course. The Professional Standards Sergeant shall keep accurate records
of qualifications, repairs, maintenance, training or as directed by the Training Manager. In addition
to regular qualification schedules, the Professional Standards Sergeant shall be responsible for
providing all sworn personnel with annual practical training designed to simulate field situations.
At least annually, all personnel carrying a firearm will receive training on the department Use of
Force policy and demonstrate their knowledge and understanding.
306.5.1 REPAIRS OR MODIFICATIONS
Each member shall be responsible for promptly reporting any damage or malfunction of an
assigned firearm to a supervisor or the Professional Standards Sergeant.
Firearms that are the property of the Department or personally owned firearms that are approved
for department use may be repaired or modified only by a person who is department-approved
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 8
and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or
repair must be authorized in advance by the Professional Standards Sergeant.
Any repairs or modifications to the member’s personally owned firearm shall be done at his/her
expense and must be approved by the Professional Standards Sergeant.
306.5.2 HOLSTERS
Only department-approved holsters shall be used and worn by members. Members shall
periodically inspect their holsters to make sure they are serviceable and provide the proper security
and retention of the handgun.
Any holster used by sworn personnel shall be specifically made for the handgun it carries as
determined by the manufacturer. The holster shall have an inside thumb break safety strap or
positive trigger locking retention system and allow the officer to holster and secure his/her handgun
using one hand while sitting, standing, walking, or running. Sworn personnel are responsible for
determining the manufacturer's recommendations for care and maintenance of any holster and
for maintaining the holster in proper condition and working order.
Sworn uniformed personnel shall not use cross draw holsters and are not authorized to use drop
down holsters, with the exception of department SWAT team members, unless administration
approves of the usage based on medical necessity. Sworn personnel must have medical
documentation and a physician's written recommendation articulating the medical necessity for
a drop down holster. Drop down holsters do not include holsters that swivel or are positioned at
different fixed levels on the officers hip. A drop down holster is considered to be any holster that
is affixed to an officer's leg by the use of straps or belts. Sworn personnel who use swivel type
holsters shall inspect the swivel mechanism periodically to ensure that it works properly and is not
liable to break causing the handgun to fall from the gun belt.
Sworn personnel, whether in plain clothes, undercover, or off-duty shall use a holster or a handgun
carry bag to carry the handgun. The handgun shall be properly secured at all times.
306.5.3 TACTICAL LIGHTS
Tactical lights may only be installed on a firearm carried on- or off-duty after they have been
examined and approved by the Professional Standards Sergeant. Once the approved tactical
lights have been properly installed on any firearm, the member shall qualify with the firearm to
ensure proper functionality and sighting of the firearm prior to carrying it.
306.5.4 OPTICS OR LASER SIGHTS
Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have
been examined and approved by the Professional Standards Sergeant. Any approved sight shall
only be installed in strict accordance with manufacturer specifications. Once approved sights have
been properly installed on any firearm, the member shall qualify with the firearm to ensure proper
functionality and sighting of the firearm prior to carrying it.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 9
Except in an approved training situation, a member may only sight in on a target when the member
would otherwise be justified in pointing a firearm at the target.
306.6 SAFE HANDLING, INSPECTION AND STORAGE
Members shall maintain the highest level of safety when handling firearms and shall consider the
following:
(a)Members shall not unnecessarily display or handle any firearm.
(b)Members shall be governed by all rules and regulations pertaining to the use of
the range and shall obey all orders issued by the Professional Standards Sergeant.
Members shall not dry fire or practice quick draws except as instructed by the
Professional Standards Sergeant or other firearms training staff.
(c)Members shall not clean, repair, load or unload a firearm anywhere in the Department,
except where clearing barrels are present.
(d)Shotguns or rifles removed from vehicles or the equipment storage room shall be
loaded and unloaded in the parking lot and outside of the vehicle, using clearing
barrels.
(e)Members shall not place or store any firearm or other weapon on department premises
except where the place of storage is locked. No one shall carry firearms into the jail
section or any part thereof when securing or processing an arrestee, but shall place all
firearms in a secured location. Members providing access to the jail section to persons
from outside agencies are responsible for ensuring firearms are not brought into the
jail section.
(f)Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of
chemical weapon or firearm from the armory, except with approval of a supervisor.
(g)Any firearm authorized by the Department to be carried on- or off-duty that is
determined by a member to be malfunctioning or in need of service or repair
shall not be carried. It shall be promptly presented to the Department or a
Professional Standards Sergeant approved by the Department for inspection and
repair. Any firearm deemed in need of repair or service by the Professional Standards
Sergeant will be immediately removed from service. If the firearm is the member’s
primary duty firearm, a replacement firearm will be issued to the member until the duty
firearm is serviceable.
306.6.1 INSPECTION AND STORAGE
Handguns shall be inspected regularly and upon access or possession by another person.
Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the
weapon is issued. The member shall ensure that the firearm is carried in the proper condition and
loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing
outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels.
Personally owned firearms may be safely stored in lockers at the end of the shift. Department-
owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 10
loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a
safe manner outside the building and then stored in the appropriate equipment storage room.
306.6.2 STORAGE AT HOME
Members shall ensure that all firearms and ammunition are locked and secured while in their
homes, vehicles or any other area under their control, and in a manner that will keep them
inaccessible to children and others who should not have access. Members shall not permit
department-issued firearms to be handled by anyone not authorized by the Department to do so.
Members should be aware that negligent storage of a firearm could result in civil and criminal
liability (Penal Code § 25100).
306.6.3 ALCOHOL AND DRUGS
Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount
of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof
that would tend to adversely affect the member’s senses or judgment.
306.6.4 STORAGE IN VEHICLES
When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the
trunk, or in a locked container that is placed out of view, or in a locked container that is permanently
affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently
affixed to the vehicle (Penal Code § 25140; Penal Code § 25452).
If the vehicle does not have a trunk or a locked container, then the firearm should be locked within
the center utility console that can be locked with a padlock, keylock, combination lock, or other
similar locking device (Penal Code § 25140).
Officers are exempt from these requirements during circumstances requiring immediate aid or
action in the course of official duties (Penal Code § 25140).
306.7 FIREARMS TRAINING AND QUALIFICATIONS
All members who carry a firearm while on-duty are required to successfully complete
training twice a year with their duty firearms. Members will qualify with off-duty and secondary
firearms at least once a year. Training and qualifications must be on an approved range course.
At least annually, all members carrying a firearm should receive practical training designed to
simulate field situations including low-light shooting.
306.7.1 NON-CERTIFICATION OR NON-QUALIFICATION
If any member fails to meet minimum standards for firearms training or qualification for any
reason, including injury, illness, duty status or scheduling conflict, that member shall submit
a memorandum to his/her immediate supervisor prior to the end of the required training or
qualification period.
Those who fail to meet minimum standards or qualify on their first shooting attempt shall be
provided remedial training and will be subject to the following requirements:
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 11
(a)Additional range assignments may be scheduled to assist the member in
demonstrating consistent firearm proficiency.
(b)Members shall be given credit for a range training or qualification when obtaining a
qualifying score or meeting standards after remedial training.
(c)No range credit will be given for the following:
1.Unauthorized range make-up
2.Failure to meet minimum standards or qualify after remedial training
Members who repeatedly fail to meet minimum standards will be removed from field assignment
and may be subject to disciplinary action.
306.8 FIREARM DISCHARGE
Except during training or recreational use, any member who discharges a firearm intentionally
or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as
circumstances permit. If the discharge results in injury or death to another person, additional
statements and reports shall be made in accordance with the Officer-Involved Shootings and
Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere
to the additional reporting requirements set forth in the Use of Force Policy.
In all other cases, written reports shall be made as follows:
(a)If on-duty at the time of the incident, the member shall file a written report with his/her
Bureau Commander or provide a recorded statement to investigators prior to the end
of shift, unless otherwise directed.
(b)If off-duty at the time of the incident, the member shall file a written report or provide a
recorded statement no later than the end of the next regularly scheduled shift, unless
otherwise directed by a supervisor.
306.8.1 DESTRUCTION OF ANIMALS
Members are authorized to use firearms to stop an animal in circumstances where the animal
reasonably appears to pose an imminent threat to human safety and alternative methods are not
reasonably available or would likely be ineffective.
In circumstances where there is sufficient advance notice that a potentially dangerous animal
may be encountered, department members should develop reasonable contingency plans for
dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC)
spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a
dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes
impractical, or if the animal reasonably appears to pose an imminent threat to human safety.
306.8.2 INJURED ANIMALS
With the approval of a supervisor, a member may euthanize an animal that is so badly injured
that human compassion requires its removal from further suffering and where other dispositions
are impractical.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 12
Stray or abandoned injured animals that may be moved or taken to an available veterinarian should
not be euthanized. With supervisor approval, abandoned injured animals (with the exception
of dogs and cats) may only be euthanized after a reasonable search to locate the owner has
been made. Injured dogs and cats found without their owners shall be taken to an appropriate
veterinarian for determination of whether they should be treated or humanely destroyed (Penal
Code § 597.1).
306.8.3 WARNING AND OTHER SHOTS
Generally, shots fired for the purpose of summoning aid are discouraged and may not be
discharged unless the member reasonably believes that they appear necessary, effective, and
reasonably safe.
Warning shots should not be used.
306.9 SDAT/FIREARMS STAFF DUTIES
The range will be under the exclusive control of the SDAT/Firearms Staff. All members attending
will follow the directions of the SDAT/Firearms Staff. The SDAT/Firearms Staff will maintain a
roster of all members attending the range and will submit the roster to the Training Manager after
each range date. Failure of any member to sign in and out with the SDAT/Firearms Staff may
result in non-qualification.
The range shall remain operational and accessible to department members during hours
established by the Department.
The SDAT/Firearms Staff has the responsibility of making periodic inspection, at least once a year,
of all duty firearms carried by members of this department to verify proper operation. The SDAT/
Firearms Staff has the authority to deem any department-issued or personally owned firearm unfit
for service. The member will be responsible for all repairs to his/her personally owned firearm and
it will not be returned to service until inspected by the SDAT/Firearms Staff.
The SDAT/Firearms Staff has the responsibility for ensuring each member meets the minimum
requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency
in the care, cleaning and safety of all firearms the member is authorized to carry.
The SDAT/Firearms Staff shall complete and submit to the Training Manager documentation of the
training courses provided. Documentation shall include the qualifications of each instructor who
provides the training, a description of the training provided and, on a form that has been approved
by the Department, a list of each member who completes the training. The SDAT/Firearms
Staff should keep accurate records of all training shoots, qualifications, repairs, maintenance or
other records as directed by the Training Manager.
306.10 FLYING WHILE ARMED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement
officers flying armed on commercial aircraft. The following requirements apply to officers who
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 13
intend to be armed while flying on a commercial air carrier or flights where screening is conducted
(49 CFR 1544.219):
(a)Officers wishing to fly while armed must be flying in an official capacity, not for vacation
or pleasure, and must have a need to have the firearm accessible, as determined by
the Department based on the law and published TSA rules.
(b)Officers must carry their San Rafael Police Department identification card, bearing
the officer’s name, a full-face photograph, identification number, the officer’s signature
and the signature of the Chief of Police or the official seal of the Department and must
present this identification to airline officials when requested. The officer should also
carry the standard photo identification needed for passenger screening by airline and
TSA officials (e.g., driver license, passport).
(c)The San Rafael Police Department must submit a National Law Enforcement
Telecommunications System (NLETS) message prior to the officer’s travel. If
approved, TSA will send the San Rafael Police Department an NLETS message
containing a unique alphanumeric identifier. The officer must present the message on
the day of travel to airport personnel as authorization to travel while armed.
(d)An official letter signed by the Chief of Police authorizing armed travel may also
accompany the officer. The letter should outline the officer’s need to fly armed, detail
his/her itinerary, and include that the officer has completed the mandatory TSA training
for a law enforcement officer flying while armed.
(e)Officers must have completed the mandated TSA security training covering
officers flying while armed. The training shall be given by the department-appointed
instructor.
(f)It is the officer’s responsibility to notify the air carrier in advance of the intended
armed travel. This notification should be accomplished by early check-in at the carrier’s
check-in counter.
(g)Any officer flying while armed should discreetly contact the flight crew prior to take-off
and notify them of his/her assigned seat.
(h)Discretion must be used to avoid alarming passengers or crew by displaying a
firearm. The officer must keep the firearm concealed on his/her person at all times.
Firearms are not permitted in carry-on luggage and may not be stored in an overhead
compartment.
(i)Officers should try to resolve any problems associated with flying armed through the
flight captain, ground security manager, TSA representative or other management
representative of the air carrier.
(j)Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight
hours prior to boarding an aircraft.
306.11 CARRYING FIREARMS OUT OF STATE
Qualified, active, full-time officers of this department are authorized to carry a concealed firearm
in all other states subject to the following conditions (18 USC § 926B):
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 14
(a)The officer shall carry his/her San Rafael Police Department identification card
whenever carrying such firearm.
(b)The officer is not the subject of any current disciplinary action.
(c)The officer may not be under the influence of alcohol or any other intoxicating or
hallucinatory drug.
(d)The officer will remain subject to this and all other department policies (including
qualifying and training).
Officers are cautioned that individual states may enact local regulations that permit private
persons or entities to prohibit or restrict the possession of concealed firearms on their property,
or that prohibit or restrict the possession of firearms on any state or local government property,
installation, building, base or park. Federal authority may not shield an officer from arrest and
prosecution in such locally restricted areas.
Active law enforcement officers from other states are subject to all requirements set forth in 18
USC § 926B.
306.12 PATROL RIFLE INSPECTION PROCEDURES
Remove the rifle from the locked mount
Step from the vehicle and point the rifle at a 45-degree angle into the sky
Remove the magazine
Check the safety and confirm it is in the "Safe" position
Open the bolt and lock it in the open position
Remove the "Chamber Safe" device
Physically and visually inspect the chamber to confirm it is empty
Check for obstructions by looking down the barrel
Check the front sight, flashlight and fore-end for any defects or malfunctions
Hand tighten the Reflex sight and examine the sight for the triangle
Visually check the receiver area for defects
Confirm the adjustable stock locks in all positions, including opened and closed
Confirm the safety is in the "Safe" position
Insert the "Chamber Safe" device
Carefully close the bolt on the "Chamber Safe" device
DO NOT PULL THE TRIGGER OR TEST THE FIRING PIN
Visually and physically inspect the magazine for defects or damage
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 15
Press down on the top round to confirm it is full and has a right hand feed
Insert the magazine into the rifle and strike the bottom with the heal of your hand
Pull down on the magazine to confirm it is seated
DO NOT CHAMBER A ROUND INTO THE RIFLE
Place the rifle properly seated into the vehicle mount and lock into place
Maintain muzzle integrity (laser rule) at all times throughout the inspection. If the "Chamber Safe"
is missing when removed from the vehicle then the rifle may be in the charged position and may
be loaded. If you feel the rifle is not functioning properly, place it into the rifle locker, complete
an equipment repair form and attach it to the rifle. Advise your sergeant of the malfunction and
obtain a functioning rifle.
If an officer deploys the patrol rifle for use in the field or otherwise chambers a round, then the
officer shall inspect the chambered round prior returning the rifle to "Patrol Ready". After the
chambered round has been cleared from the barrel, the officer in charge of the weapon will inspect
the ejected round for any of the following damage, including, but not limited to: dimple in the primer;
dent(s) in the casing; round is not secure in the casing or it is loose or spins in the casing; the
tip of the round is deformed, bent or damaged. If the officer locates any one of the above listed
damage, then the officer will NOT place the damaged round back into the magazine. The officer
will return the damaged round to the Damaged Rounds container in the ready armory and take
an undamaged round from the ready armory. The undamaged round will be placed back into the
rifle magazine.
306.13 LESS-LETHAL SHOTGUN INSPECTION PROCEDURES
Clear the rounds from the shotgun by moving the slide back approximately ¾ of the way until the
spoon can be moved up and the shell catch can be manually released allowing the round to exit
the magazine tube. Repeat the process until all the shells are removed and the orange or green
follower is visible.
Physically and visually check the chamber to confirm it is empty.
Start the inspection by looking down the barrel to confirm there are no obstructions.
Check the front sight.
Hand tighten the barrel nut.
Visually check the barrel, fore-end, action bar, ejection port, trigger, safety, butt stock, check for
two rounds in each side of the stock, check the sling and sling anchor points.
Close the action and confirm it locks into battery and then press the release and open the slide.
Close the action, turn on safety, point muzzle into the air and pull the trigger. Safety off and pull
trigger releasing the hammer.
Safety back on.
San Rafael Police Department
San Rafael PD Policy Manual
Firearms
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Firearms - 16
Load the magazine to full capacity and place shotgun back into the car.
NOTE: maintain muzzle integrity (laser rule) while removing the shotgun from the car, during an
inspection and while placing it back into the vehicle.
Policy
300
San Rafael Police Department
San Rafael PD Policy Manual
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 1
Use of Force
300.1 USE OF FORCE PREFACE
The use of force by members of law enforcement is a matter of critical concern both to the public
and the law enforcement community. It is recognized that some individuals will not comply with
the law or submit to control unless compelled to do so by the use of force; therefore, officers are
sometimes called upon to use force in the course of their duties. The San Rafael Police Department
also recognizes that members of law enforcement must be ever mindful that they are not only the
guardians but also the servants of the pubic.
The San Rafael Police Department's guiding principle when using force shall be reverence for
human life. Officers shall attempt to control an incident by using time, distance, communication,
and available resources in an effort to de-escalate the situation, whenever it is safe, feasible, and
reasonable to do so, however, officers shall have no obligation or duty to retreat or desist from
lawful enforcement action.
As set forth and in further detail below, department personnel may use objectively reasonable
force to carry out their duties. Officers may use deadly force only when they reasonable believe,
based on the totality of the circumstances, that such force is necessary in defense of human life
or against serious bodily injury. Officers who use unreasonable force degrade the confidence of
the community we serve, expose fellow officers to physical hazards, violate the law and rights of
individuals upon whom unreasonable force or unnecessary deadly force is used, and subject the
Department and themselves to potential civil and criminal liability. Conversely, officers who fail to
use force when warranted may endanger themselves, the community, and fellow officers.
Officers shall carry out their duties, including use of force, in a manner that is fair and unbiased.
Discriminatory conduct based on actual or perceived characteristics such as race, ethnicity,
national origin, religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, or disability is prohibited.
300.2 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no way to specify
the exact amount or type of reasonable force to be applied in any situation, every member of
this department is expected to use these guidelines to make such decisions in a professional,
impartial, and reasonable manner (Government Code § 7286).
In addition to those methods, techniques, and tools set forth below, the guidelines for the
reasonable application of force contained in this policy shall apply to all policies addressing
the potential use of force, including but not limited to the Control Devices and Techniques and
Conducted Energy Device policies.
Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation
Policy.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 2
300.2.1 DEFINITIONS
Definitions related to this policy include:
Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily
injury, including but not limited to the discharge of a firearm (Penal Code § 835a).
Feasible - Reasonably capable of being done or carried out under the circumstances to
successfully achieve the arrest or lawful objective without increasing risk to the officer or another
person (Government Code § 7286(a)).
Force - The application of physical techniques or tactics that a reasonable officer would believe is
likely to cause more than momentary discomfort, chemical agents, or weapons to another person.
It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed,
or restrained.
Reasonable force - An objective standard of force viewed from the perspective of a reasonable
officer, without the benefit of 20/20 hindsight, and based on the totality of the circumstances known
or perceived by the officer at the time. The determination of reasonableness will be in accordance
with this policy.
Serious bodily injury - A serious impairment of physical condition, including but not limited to
the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment
of function of any bodily member or organ; a wound requiring extensive suturing; and serious
disfigurement (Penal Code § 243(f)(4)).
Totality of the circumstances - All facts known to the officer at the time, including the conduct
of the officer and the subject leading up to the use of force (Penal Code § 835a).
300.3 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may use reasonable force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
The Department recognizes and respects the value of all human life and dignity without prejudice
to anyone. Vesting officers with the authority to use reasonable force and to protect the public
welfare requires monitoring, evaluation and a careful balancing of all interests.
300.3.1 DUTY TO INTERCEDE
Any officer present and observing another law enforcement officer or an employee using force
that is clearly beyond that which is necessary, as determined by an objectively reasonable officer
under the circumstances, shall, when in a position to do so, intercede (as defined by Government
Code § 7286) to prevent the use of unreasonable force.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 3
When observing force used by a law enforcement officer, each officer should take into account
the totality of the circumstances and the possibility that other law enforcement officers may have
additional information regarding the threat posed by the subject (Government Code § 7286(b)).
300.3.2 FAILURE TO INTERCEDE
An officer who has received the required training on the duty to intercede and then fails to act to
intercede when required by law, may be disciplined in the same manner as the officer who used
force beyond that which is necessary (Government Code § 7286(b)).
300.3.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee use force that potentially
exceeds what the officer reasonably believes to be necessary shall immediately report these
observations to a supervisor (Government Code § 7286(b)).
As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.
300.3.4 FAIR AND UNBIASED USE OF FORCE
Officers are expected to carry out their duties, including the use of force, in a manner that is fair
and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional
guidance.
300.4 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts
and totality of the circumstances known to or perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose (Penal Code § 835a).
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain, and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in
each incident. Officers may only use a level of force that they reasonably believe is proportional to
the seriousness of the suspected offense or the reasonably perceived level of actual or threatened
resistance (Government Code § 7286(b)).
It is also recognized that circumstances may arise in which officers reasonably believe that it would
be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods
provided by the Department. Officers may find it more effective or reasonable to improvise their
response to rapidly unfolding conditions that they are confronting. In such circumstances, the use
of any improvised device or method must nonetheless be objectively reasonable and utilized only
to the degree that reasonably appears necessary to accomplish a legitimate law enforcement
purpose.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 4
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.
300.4.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape,
or to overcome resistance. A peace officer who makes or attempts to make an arrest need not
retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part
of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to
self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome
resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal
Code § 835a).
300.4.2 ALTERNATIVE TACTICS - DE-ESCALATION
De-escalation is a fundamental principle of how we conduct police work. Taking no action,
passively monitoring a situation, or bringing in partners such as a mobile crisis unit may be the
most reasonable response to a situation, particularly those involving mental health crises. This
policy manual refers to the importance of de-escalation in multiple sections. See, in particular, the
Crisis Intervention Incidents Policy.
As time and circumstances reasonably permit, and when community and officer safety would
not be compromised, officers should consider actions that may increase officer safety and may
decrease the need for using force such as:
(a)Summoning additional resources that are able to respond in a reasonably timely
manner.
(b)Formulating a plan with responding officers before entering an unstable situation that
does not reasonably appear to require immediate intervention.
(c)Employing other tactics that do not unreasonably increase officer jeopardy.
In addition, when reasonable, officers should evaluate the totality of circumstances presented at
the time in each situation and, when feasible, consider and utilize reasonably available alternative
tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the
need to use a higher level of force to resolve the situation before applying force (Government
Code § 7286(b)). Such alternatives may include but are not limited to:
(a)Attempts to de-escalate a situation.
(b)If reasonably available, the use of crisis intervention techniques by properly trained
personnel.
300.4.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances permit
(Government Code § 7286(b)). These factors include but are not limited to:
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 5
(a)The apparent immediacy and severity of the threat to officers or others (Penal Code
§ 835a).
(b)The conduct of the individual being confronted, as reasonably perceived by the officer
at the time (Penal Code § 835a).
(c)Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level
of exhaustion or fatigue, the number of officers available vs. subjects).
(d)The conduct of the involved officer leading up to the use of force (Penal Code § 835a).
(e)The effects of suspected drugs or alcohol.
(f)The individual's apparent mental state or capacity (Penal Code § 835a).
(g)The individual’s apparent ability to understand and comply with officer commands
(Penal Code § 835a).
(h)Proximity of weapons or dangerous improvised devices.
(i)The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.
(j)The availability of other reasonable and feasible options and their possible
effectiveness (Penal Code § 835a).
(k)Seriousness of the suspected offense or reason for contact with the individual prior
to and at the time force is used.
(l)Training and experience of the officer.
(m)Potential for injury to officers, suspects, bystanders, and others.
(n)Whether the person appears to be resisting, attempting to evade arrest by flight, or
is attacking the officer.
(o)The risk and reasonably foreseeable consequences of escape.
(p)The apparent need for immediate control of the subject or a prompt resolution of the
situation.
(q)Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the officer or others.
(r)Prior contacts with the subject or awareness of any propensity for violence.
(s)Any other exigent circumstances.
300.4.4 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
successfully completed department-approved training. Officers utilizing any pain compliance
technique should consider:
(a)The degree to which the application of the technique may be controlled given the level
of resistance.
(b)Whether the person can comply with the direction or orders of the officer.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 6
(c)Whether the person has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.
300.4.5 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD
Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint
means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which
pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting
blood flow and may render the person unconscious in order to subdue or control the person
(Government Code § 7286.5).
300.4.6 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the
destruction of evidence. However, officers are discouraged from using force solely to prevent
a person from swallowing evidence or contraband. In the instance when force is used, officers
should not intentionally use any technique that restricts blood flow to the head, restricts respiration
or which creates a reasonable likelihood that blood flow to the head or respiration would be
restricted. Officers are encouraged to use techniques and methods taught by the San Rafael
Police Department for this specific purpose.
300.4.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Officers of this department are not authorized to use a choke hold. A choke hold means any
defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe
(Government Code § 7286.5).
300.4.8 ADDITIONAL RESTRICTIONS
Terms such as "positional asphyxia," "restraint asphyxia," and "excited delirium" continue to
remain the subject of debate among experts and medical professionals, are not universally
recognized medical conditions, and frequently involve other collateral or controlling factors such
as narcotics or alcohol influence or pre-existing medical conditions. While it is impractical to restrict
an officer's use of reasonable control methods when attempting to restrain a combative individual,
officers are not authorized to use any restraint or transportation method which might unreasonably
impair an individual's breathing or respiratory capacity for a period beyond the point when the
individual has been adequately and safely controlled. Once the individual is safely secured, officers
should promptly check and continuously monitor the individual's condition for signs of medical
distress (Government Code § 7286.5).
300.5 DEADLY FORCE APPLICATIONS
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify
themself as a peace officer and to warn that deadly force may be used, unless the officer has
objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a).
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 7
If an objectively reasonable officer would consider it safe and feasible to do so under the totality
of the circumstances, officers shall evaluate and use other reasonably available resources and
techniques when determining whether to use deadly force. To the extent that it is reasonably
practical, officers should consider their surroundings and any potential risks to bystanders prior to
discharging a firearm (Government Code § 7286(b)).
The use of deadly force is only justified when the officer reasonably believes it is necessary in the
following circumstances (Penal Code § 835a):
(a)An officer may use deadly force to protect themself or others from what the officer
reasonably believes is an imminent threat of death or serious bodily injury to the officer
or another person.
(b)An officer may use deadly force to apprehend a fleeing person for any felony that
threatened or resulted in death or serious bodily injury, if the officer reasonably
believes that the person will cause death or serious bodily injury to another unless
immediately apprehended.
Officers shall not use deadly force against a person based on the danger that person poses to
themself, if an objectively reasonable officer would believe the person does not pose an imminent
threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).
Additionally, an officer should not use deadly force against a person whose actions are a threat
solely to property.
An "imminent" threat of death or serious bodily injury exists when, based on the totality of the
circumstances, a reasonable officer in the same situation would believe that a person has the
present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury
to the officer or another person. An officer's subjective fear of future harm alone is insufficient as
an imminent threat. An imminent threat is one that from appearances is reasonably believed to
require instant attention (Penal Code § 835a).
300.5.1 SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks
in addition to the justification for the use of deadly force. When feasible, officers should take
reasonable steps to move out of the path of an approaching vehicle instead of discharging their
firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving
vehicle or its occupants when the officer reasonably believes there are no other reasonable means
available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is
directed at the officer or others (Government Code § 7286(b)).
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
300.5.2 DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force,
officers should carefully evaluate each tactical situation and use sound discretion when drawing
a firearm in public by considering the following guidelines (Government Code § 7286(b)):
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 8
(a)If the officer does not initially perceive a threat but reasonably believes that the
potential for such threat exists, firearms should generally be kept in the low-ready or
other position not directed toward an individual.
(b)If the officer reasonably believes that a threat exists based on the totality of
circumstances presented at the time (e.g., high-risk stop, tactical entry, armed
encounter), firearms may be directed toward such threat until the officer no longer
perceives such threat.
Once it is reasonably safe to do so, officers should carefully secure all firearms.
300.6 REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely,
and accurately in an appropriate report, depending on the nature of the incident. The officer
should articulate the factors perceived and why he/she believed the use of force was reasonable
under the circumstances. To collect data for purposes of training, resource allocation, analysis,
and related purposes, the Department may require the completion of additional report forms, as
specified in department policy, procedure, or law. See the Report Preparation Policy for additional
circumstances that may require documentation.
300.6.1 NOTIFICATION TO SUPERVISORS
Any use of force by an officer shall be reported immediately to a supervisor, including but not
limited to the following circumstances (Penal Code § 832.13):
(a)The application caused a visible injury.
(b)The application would lead a reasonable officer to conclude that the individual may
have experienced more than momentary discomfort.
(c)The individual subjected to the force complained of injury or continuing pain.
(d)The individual indicates intent to pursue litigation.
(e)Any application of a conducted energy device or control device.
(f)Any application of a restraint device other than handcuffs, shackles, or belly chains.
(g)The individual subjected to the force was rendered unconscious.
(h)An individual was struck or kicked.
(i)An individual alleges unreasonable force was used or that any of the above has
occurred.
As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.
300.6.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
Statistical data regarding all officer-involved shootings and incidents involving use of force
resulting in serious bodily injury is to be reported to the California Department of Justice as required
by Government Code § 12525.2. See the Records Section Policy.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 9
300.6.3 REPORT RESTRICTIONS
Officers shall not use the term "excited delirium" to describe an individual in an incident report.
Officers may describe the characteristics of an individual's conduct, but shall not generally
describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited
delirium" (Health and Safety Code § 24402).
300.7 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, properly trained officers should promptly provide or procure
medical assistance for any person injured or claiming to have been injured in a use of force incident
(Government Code § 7286(b)).
Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs
of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing
pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until the individual can be medically assessed.
Based upon the officer's initial assessment of the nature and extent of the subject's injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or
medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be
fully documented in related reports and, whenever practicable, should be witnessed by another
officer and/or medical personnel. If a recording is made of the contact or an interview with the
individual, any refusal should be included in the recording, if possible.
The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer
shall ensure that any person providing medical care or receiving custody of a person following any
use of force is informed that the person was subjected to force. This notification shall include a
description of the force used and any other circumstances the officer reasonably believes would
be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,
impaired respiration).
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain,
or who require a protracted physical encounter with multiple officers to be brought under control,
may be at an increased risk of sudden death. Calls involving these persons should be considered
medical emergencies. Officers who reasonably suspect a medical emergency should request
medical assistance as soon as practicable and have medical personnel stage away if appropriate.
See the Medical Aid and Response Policy for additional guidelines.
300.8 SUPERVISOR RESPONSIBILITY
A supervisor shall respond to any reported use of force, when the supervisor is reasonably
available. The responding supervisor is expected to (Government Code § 7286(b)):
(a)Obtain the basic facts from the involved officers. Absent an allegation of misconduct
or excessive force, this will be considered a routine contact in the normal course of
duties.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 10
(b)Ensure that any injured parties are examined and treated.
(c)When possible, separately obtain a recorded interview with the subject upon whom
force was applied. If this interview is conducted without the person having voluntarily
waived his/her Miranda rights, the following shall apply:
1.The content of the interview should not be summarized or included in any related
criminal charges.
2.The fact that a recorded interview was conducted should be documented in a
property or other report.
3.The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.
(d)Once any initial medical assessment has been completed or first aid has been
rendered, ensure that photographs have been taken of any areas involving visible
injury or complaint of pain, as well as overall photographs of uninjured areas. These
photographs should be retained until all potential for civil litigation has expired.
(e)Identify any witnesses not already included in related reports.
(f)Review and approve all related reports.
(g)Determine if there is any indication that the subject may pursue civil litigation.
1.If there is an indication of potential civil litigation, the supervisor should complete
and route a notification of a potential claim through the appropriate channels.
(h)Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
300.8.1 SHIFT SUPERVISOR RESPONSIBILITY
The Shift Supervisor shall review each use of force by any personnel within his/her command to
ensure compliance with this policy.
300.9 TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate
their knowledge and understanding (Government Code § 7286(b)).
300.9.1 TRAINING REQUIREMENTS
Required annual training shall include:
(a)Legal updates.
(b)De-escalation tactics, including alternatives to force.
(c)The duty to intercede.
(d)The duty to request and/or render medical aid.
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 11
(e)Warning shots (see the Firearms Policy).
(f)All other subjects covered in this policy (e.g., use of deadly force, chokeholds and
carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings).
(g)Training courses required by and consistent with POST guidelines set forth in Penal
Code § 13519.10.
See the Training Policy for restrictions relating to officers who are the subject of a sustained use
of force complaint.
300.9.2 STATE-SPECIFIC TRAINING REQUIREMENTS
Required state-specific training shall include guidelines regarding vulnerable populations,
including but not limited to children, elderly persons, pregnant individuals, and individuals with
physical, mental, and developmental disabilities (Government Code § 7286(b)).
300.10 USE OF FORCE COMPLAINTS
The receipt, processing, and investigation of civilian complaints involving use of force incidents
should be handled in accordance with the Personnel Complaints Policy (Government Code §
7286(b)).
300.11 ADMINISTRATIVE REVIEW
The supervisor shall attach a completed "Use of Force Analysis Form" to a copy of the associated
incident report and route through the chain of command for staff review and recommendations.
If the incident involved the use of a Conducted Energy Weapon (CEW), then the supervisor shall
complete and attach an "CEW Use Form", along with the Electro Muscular Disruption Technology
(EMDT) data download.
The report is based on the initial information available at the time the incident is reviewed. Once
the form has been reviewed by the Chief of Police it shall be forwarded to his/her designee for
statistical information gathering and early intervention purposes. The completed and signed "Use
of Force Analysis Form" will be retained, but the attached copy of the associated report will then
be destroyed. The review of control holds or other pain compliance techniques does not require
review above the rank of Lieutenant unless there are associated injuries.
The purpose of this review is to meet the stated objectives of this policy and is not intended
to determine whether each application of force was within policy. This review is independent of
any notification and review required under "Supervisor Responsibility" or any subsequent internal
administrative investigations.
The administrative review shall be used to provide direction to command staff regarding general
policy issues, identify any potential training concerns and maintain statistical information related
to Use of Force incidents. The statistical information shall be maintained in a spreadsheet format
and minimally include the following categories:
Date, Case Number, Type of Force Used, Overall Effectiveness, and Injuries Sustained (Officer
and Subject). Any application of force other than a simple control hold or pain compliance
San Rafael Police Department
San Rafael PD Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/21, All Rights Reserved.
Published with permission by San Rafael Police Department
Use of Force - 12
technique is required to be documented on the Use of Force Analysis Form. The pointing of a
firearm at a person shall be reported as an application of force.
The statistical information spreadsheets shall be stored in the following file location: "W:\Staff
Share\Use of Force Reports"
Yearly, the Department will post Use of Force statistics on the Department's website and other
platforms for review.
300.12 USE OF FORCE ANALYSIS
At least annually, the Operations Bureau Commander or designee should prepare an analysis
report on use of force incidents. The report should be submitted to the Chief of Police. The report
should not contain the names of officers, suspects or case numbers, and should include:
(a)The identification of any trends in the use of force by members.
(b)Training needs recommendations.
(c)Equipment needs recommendations.
(d)Policy revision recommendations.
300.13 POLICY REVIEW
The Chief of Police or the authorized designee should regularly review and update this policy to
reflect developing practices and procedures (Government Code § 7286(b)).
300.14 POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public
(Government Code § 7286(c)).
300.15 PUBLIC RECORDS REQUESTS
Requests for public records involving an officer’s personnel records shall be processed in
accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and
Release policies (Government Code § 7286(b)).
Title 2 - ADMINISTRATION
Chapter 2.52 POLICE ACQUISITION AND USE OF 'MILITARY EQUIPMENT'
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:49:51 [EST]
(Supp. No. 36, Update 2)
Page 1 of 4
Chapter 2.52 POLICE ACQUISITION AND USE OF 'MILITARY EQUIPMENT'
Sections:
2.52.010 Definitions.
For the purpose of this chapter and any ordinance or policy adopted pursuant hereto, unless the context
clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the
meanings given them in this section:
1. "Military equipment" includes all of the following (per Gov. Code § 7070):
a. Unmanned, remotely piloted, powered aerial or ground vehicles.
b. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However,
police versions of standard consumer vehicles are specifically excluded from this subdivision.
c. 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.
d. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked
system instead of wheels for forward motion.
e. Command and control vehicles that are either built or modified to facilitate the operational
control and direction of public safety units.
f. Weaponized aircraft, vessels, or vehicles of any kind.
g. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items
designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by
one (1) person, are specifically excluded from this subdivision.
h. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded
from this subdivision.
i. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically
excluded from this subdivision.
j. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as
defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue
service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or
employees of a law enforcement agency or a state agency.
k. Any firearm or firearm accessory that is designed to launch explosive projectiles.
l. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding
standard, service-issued handheld pepper spray.
m. Taser shockwave, microwave weapons, water cannons, and the long range acoustic device
(LRAD).
n. The following projectile launch platforms and their associated munitions: 40 mm projectile
launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
Created: 2024-01-05 11:49:51 [EST]
(Supp. No. 36, Update 2)
Page 2 of 4
o. Any other equipment as determined by a governing body or a state agency to require additional
oversight.
p. Notwithstanding paragraphs (1) through (15), "military equipment" does not include general
equipment not designated as prohibited or controlled by the federal defense logistics agency.
2. "Police department" means any division, section, bureau, employee, volunteer and/or contractor of
the San Rafael Police Department.
3. "Military equipment use policy" means a publicly released, written document that includes, at a
minimum, all of the following:
a. A description of each type of military equipment, the quantity sought, its capabilities, expected
lifespan, and product descriptions from the manufacturer of the military equipment.
b. The purposes and authorized uses for which the law enforcement agency or the state agency
proposes to use each type of military equipment.
c. The fiscal impact of each type of military equipment, including the initial costs of obtaining the
equipment and estimated annual costs of maintaining the equipment.
d. The legal and procedural rules that govern each authorized use.
e. The training, including any course required by the commission on peace officer standards and
training, that must be completed before any officer, agent, or employee of the law enforcement
agency or the state agency is allowed to use each specific type of military equipment to ensure
the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence
to the military equipment use policy.
f. The mechanisms to ensure compliance with the military equipment use policy, including which
independent persons or entities have oversight authority, and, if applicable, what legally
enforceable sanctions are put in place for violations of the policy.
g. For a law enforcement agency, the procedures by which members of the public may register
complaints or concerns or submit questions about the use of each specific type of military
equipment, and how the law enforcement agency will ensure that each complaint, concern, or
question receives a response in a timely manner.
4. "Type" means each item that shares the same manufacturer model number.
(Ord. No. 2007 , § 2, 5-2-2022)
2.52.020 Military equipment use policy approval requirement.
A. The police department shall obtain approval of the city council, by an ordinance adopting a military
equipment use policy at a regular meeting of the city council, prior to engaging in any of the following:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United
States Code.
2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or
accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military
equipment within the territorial jurisdiction of the City of San Rafael.
Created: 2024-01-05 11:49:51 [EST]
(Supp. No. 36, Update 2)
Page 3 of 4
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously
approved by the city council body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or
entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
7. Acquiring military equipment through any means not provided by this section.
B. The city council shall hold a public hearing at a regular city council meeting prior to approval of a proposed
new or amended military equipment use policy.
C. At least thirty (30) days prior to the city council's public hearing on the approval of a new or amended
military equipment use policy, the police department shall submit the proposed military equipment use
policy to the city council and make those documents available on the police department's internet website.
D. The city council shall only approve a military equipment use policy pursuant to this chapter if it determines
all of the following:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the
same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and
civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the
time, or if prior uses did not comply with the accompanying military equipment use policy, corrective
action has been taken to remedy nonconforming uses and ensure future compliance.
E. In order to facilitate public participation, any proposed or final military equipment use policy shall be made
publicly available on the internet website of the police department for as long as the military equipment is
available for use.
(Ord. No. 2007 , § 2, 5-2-2022)
2.52.030 Annual reports on the use of military equipment.
A. The police department shall submit to the city council an annual military equipment report for each type of
military equipment approved by the city council within one (1) year of approval, and annually thereafter for
as long as the military equipment is available for use.
B. The police department 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.
C. The annual military equipment report shall, at a minimum, 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
Created: 2024-01-05 11:49:51 [EST]
(Supp. No. 36, Update 2)
Page 4 of 4
will be provided for the military equipment in the calendar year following submission of the annual
military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the police department intends to acquire additional military equipment in the next year, the quantity
sought for each type of military equipment.
D. Within thirty (30) days of submitting and publicly releasing an annual military equipment report pursuant to
this section, the police department shall hold at least one (1) 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 police department's funding, acquisition, or use of military
equipment.
(Ord. No. 2007 , § 2, 5-2-2022)
2.52.040 Annual review and renewal of ordinance approving military equipment use policy.
A. Following receipt of the annual military equipment report required by Section 2.52.030, the city council shall
hold a public hearing at a regular city council meeting to review any ordinance it has adopted pursuant to
this chapter approving the funding, acquisition, or use of military equipment, and shall vote on whether to
renew the ordinance.
B. In considering whether to renew the ordinance, the city council shall consider the police department's
current annual military equipment report and find and determine whether each type of military equipment
identified in that report has complied with the standards for approval set forth in Section 2.52.020(D) of this
code and the military equipment use policy. If the city council determines that a type of military equipment
identified in the annual military equipment report has not complied with the standards required for
approval, the city council shall either disapprove a renewal of the authorization for that type of military
equipment or require modifications to the military equipment use policy in a manner that will resolve the
lack of compliance.
(Ord. No. 2007 , § 2, 5-2-2022)
SAN RAFAEL
POLICE
DEPARTMENT
TRAINING
SGT. ROB CLELAND
TRAINING
OVERVIEW
PEACE OFFICERS STANDARDS AND TRAINING
Mandated Training
Specialized and Advanced Training
Leadership Training
Internal Training
Peace Officers Standards in
Training
The Commission on Peace Officer Standards and Training (POST) was established
by the Legislature in 1959
POST set minimum selection and training standards for California law
enforcement.
In 2021, POST was given additional authority by the legislature to certify peace
officers, as well as to suspend and decertify peace officers for serious
misconduct.
LEGISLATIVE MANDATED TRAINING
Examples
Use of Force Firearms
Emergency
Vehicle
Operations
De-escalation
Crisis Intervention
Techniques
Cultural
Awareness
Crisis
Communications
SPECIALIZED
AND
ADVANCED
TRAINING
Examples:
Advanced Accident Reconstruction
Drug Recognition Expert
Sexual Assault Detective
Homicide Investigations
Interview and Interrogation Techniques
Crisis Response Team
Juvenile Detective
LEADERSHIP
AND
COMMUNITY
POLICING
TRAINING
•EXAMPLES
•Sherman Block Leadership
Institute (SLI)
•Supervisory Course
•Field Training Officer
•SWAT Supervisor
•Tools for Tolerance for Law Enforcement
•Crisis Negotiations Supervisor
•Management Course
•Implicit Bias and Community Policing
Internal
Training
Lexipol Daily
Training Bullentins
Briefing Training
QUESTIONS
SGT. ROBERT CLELAND
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
April 17, 2024
Item 3A
TITLE: SAN RAFAEL POLICE DEPARTMENT LAW ENFORCEMENT TRAINING
RECOMMENDATION: Accept the report.
BACKGROUND:
This report aims to provide an overview of the required training set forth by the Peace Officer
Standards and Training (POST) and the additional training the San Rafael Police Department
(“SRPD” or “Department”) requires. The report will outline mandatory training and cover
specialized training, in-house training, outside agency expert training, non-governmental
organizations (NGOs), and ongoing training goals and objectives.
DISCUSSION:
Introduction
The San Rafael Police Department operates under the guidance of the Peace Officer Standards
and Training (POST), a governmental agency accountable to the Governor of California. POST
not only regulates the hiring requirements needed to become a police officer but also sets the
training standards. After an officer graduates from the Basic Police Academy, training is ongoing
and continuous throughout their career. The San Rafael Police Department adheres to these
stringent guidelines and surpasses them by actively sending our employees to additional training
opportunities.
POST enforces strict guidelines and criteria to maintain a uniformly high standard of policing
throughout California. Every peace officer, Public Safety Dispatcher, and Public Safety Dispatch
Supervisor shall satisfactorily complete the Continuing Professional Training (CPT) requirement
of 24 or more hours of POST-qualifying training during every two-year CPT cycle. A full list of
the required perishable skills training can be found under subsection (3) Qualifying and Non-
Qualifying Training here. The San Rafael Police Department consistently meets and often
surpasses this standard annually.
Among the various requirements set by POST, training mandates cover essential areas like:
• Use of Force
• Firearms
• Emergency Vehicle Operations
• De-escalation
• Crisis Intervention Techniques
• Cultural Awareness
• Crisis Communications
To see a complete list of legislative-mandated training, please click here.
In addition to the mandated training required by POST, the San Rafael Police Department
strongly emphasizes cultivating and enhancing specialized policing skills. These skills typically
pertain to specific roles such as Detective or Traffic Officer. Many of these skills demand the
completion of rigorous courses spanning 24, 40, and occasionally even 80 hours. These
courses are officially endorsed by POST and conducted by seasoned professionals in their
respective fields. They offer participants the requisite knowledge of the subject matter and
afford invaluable networking opportunities and updates on pertinent legal issues. The various
training courses listed below are just a sample of some of the courses we routinely deliver
within the Department.
• Advanced Accident Reconstruction
• Drug Recognition Expert
• Sexual Assault Detective
• Homicide Investigations
• Interview and Interrogation
Techniques
• Crisis Response Team
• Juvenile Detective
As the department prioritizes ongoing education and skill development for our police officers
and professional staff, equal emphasis is placed on leadership cultivation, succession
planning, and cultural awareness. The San Rafael Police Department is committed to fostering
avenues for promotion, leadership advancement, and personal development. We actively
advocate for our officers to pursue four-year degrees and offer educational incentives and a
City reimbursement program for further education endeavors. In addition to encouraging the
independent pursuit of educational opportunities, we regularly sponsor employees to attend
courses like the ones listed below. The below list is just a sample of some of the courses we
routinely use.
• Sherman Block Leadership
Institute (SLI)
• Supervisory Course
• Field Training Officer
• SWAT Supervisor
• Tools for Tolerance for Law
• Hate Crimes
• Crisis Intervention Training
• De-Escalation
• Enforcement
• Crisis Negotiations Supervisor
• Management Course
• Implicit Bias and Community Policing
• Diversity, Equity, Inclusion and
Belonging
The array of training opportunities available to police departments extends beyond those
mentioned above. While providing a comprehensive listing of all available police training in this
report is not feasible, a course catalog of offerings sponsored or endorsed by POST can be
accessed here. The San Rafael Police Department remains steadfast in its commitment to
providing regular and up-to-date training initiatives. In addition to mandated, specialized, and
leadership training, we distribute resources towards weekly "Briefing Training" and monthly
Lexipol Policy training sessions.
Briefing trainings occur weekly at the outset of each shift. It includes discussions led by shift
supervisors covering procedures, case law, and scenario-based learning to foster an interactive
learning environment. Similarly, Lexipol Policy training involves 15 to 30 policies per month that
present scenarios for officers to navigate. Participation in both is mandatory for all officers to
ensure adherence to departmental policies and procedures.
FISCAL IMPACT:
There is no fiscal impact associated with this report. While law enforcement training involves costs,
the San Rafael Police Department's Training Manager collaborates closely with the City to ensure
that training expenses remain within the adopted budget.
Submitted by:
Scott Eberle
Lieutenant
ATTACHMENTS:
1. 18 Month Training Record
San Rafael Police Department Training for the past 18 Months
1. California Association of Tactical
Officers (CATO) Conference 51. Motorcycle Training Instructor 101. Leadership & Accountability
2. Conflict Management 52. Crisis Negotiations for Team
Leaders 102. Crisis Intervention
3. Navigating Worker's
Compensation 53. Management 103. Civilian Leadership
4. Cardiopulmonary Resuscitation
(CPR)/First Aid/Narcan 54. Stress Management
104. PSP/Firearms/Rifle/CPR/
California Law Enforcement
Telecommunications System
(CLETS)
5. California Narcotics Officers'
Association (CNOA) Conference 55. De-Escalation for Dispatchers 105. Dispatch Priming
6. Modern Crisis Negotiations 56. Interview and Interrogation 106. Handling Rising Tides of Suicide
7. Supervisor Leadership 57. Active Shooters for Dispatchers 107. UOF - Train the Trainer
8. Courtroom Testimony 58. Firearms Perishable Skills
Program (PSP) 108. PSP/Firearms/Rifle/CPR/CLETS
9. Use of Force & Self Defense and
Tactics 59. Crisis Intervention 109. Report Writing Update
10. School Violence Dispatchers 60. Crisis Communications Skills 110. Gun Violence Restraining
Orders (GVRO)
11. Peer Counseling - Critical
Incident Stress Management (CISM) 61. Wellness Summit 111. PSP/Firearms/Rifle/CPR/CLETS
12. Hostage Negotiation Team (HNT)
Course 62. Supervisory 112. Supervisory Leadership
13. Patrol Rifle Course 63. Street Racing-Sideshow 113. FTO Update
14. Driving under the Influence (DUI) 64. California Penal Code Section
290 Tracking Regulations 114. Conflict Management
15. Honor Guard 65. Firearms PSP 115. CATO Conference
16. UOF/SDAT 66. Advanced Communications
Training Officer (CTO) 116. Leadership & Accountability
17. Supervisor Leadership 67. Bicycle Course 117. Special Event Safety Seminar
18. SWAT Team Leader 68. UOF - Train the Trainer 118. CISM/Peer Support
19. Incident Command System (ICS)
300 and 400 Training
69. Domestic Terrorism for
Dispatchers 119. Management Course
20. Police Academy 70. Dispatch Wellness 120. Handling Rising Tides of Suicide
21. Public Records Act
71. International Association for
Property & Evidence (IAPE) Evidence
Management
121. Patrol-Rifle
22. Advanced Roadside Impaired
Driving Enforcement (ARIDE)/Field
Sobriety
72. Domestic Terrorism for
Dispatchers 122. Basic Records
23. Conflict Management 73. Patrol Rifle Course 123. Police Academy
24. Museum of Tolerance 74. Child Forensic Interview
Training/Multi-Disciplinary 124. Child Maltreatment Conference
25. Child Maltreatment Conference 75. Drug Recognition Expert 125. Operational Mission Planning
26. Basic Crime Scene Investigation
(CSI) 76. SWAT 126. Public Records Act
27. Strategic & Succession Planning 77. Interpersonal Skills for Dispatch 127. Robert Presley Institute of
Criminal Investigation (ICI) Core
28. Glock Armorer 78. Active Shooters for Dispatchers 128. Mental Health - Internet Crimes
Against Children (ICAC)
29. Supervisory Leadership 79. Redacting Records 129. Dispatch Priming
San Rafael Police Department Training for the past 18 Months
30. Red Dot Sights (RDS)/Pistol
Mounted Optics Class
80. Crisis Negotiations for
Dispatchers 130. Tactical Dispatch
31. Team Building Workshop 81. Tactical Dispatch Basic
Concepts 131. Dispatch Complacency
32. Pedestrian-Bicycle Crash Recon.
Course
82. California Crime and
Intelligence Analysts Association
(CCIAA) Conference
132. Field Training Officer (FTO)
Update
33. Field Training Officer (FTO) 83. Internet Crimes Against
Children Undercover-Chat
133. Communications Training
Officer
34. Dispatch Academy 84. Women Leaders 134. Foundations of Executive
Leadership
35. Google-Apple Investigations 85. FTO Update 135. Records Supervisor
36. California Chiefs' Conference 86. SDAT Instructor
136. Commission on Peace Officer
Standards and Training (POST)
Training Symposium
37. Peer Counseling-CISM 87. Dispatch Academy 137. Firearms Instructor
38. Assertive Supervision 88. California CLETS User Group
(CCUG) Seminar 138. Dispatch Academy
39. Legal Updates 89. Recruitment & Retention
Summit
139. Property & Evidence
Management
40. Developing a Mind for Success 90. Supervisory Leadership 140. Wellness Summit
41. Investigations Core 91. Cellebrite 141. Executive Development #1
42. Driving Operations 92. Federal Bureau of Investigation
(FBI) National Academy (NA) - 288
142. Crisis Intervention Team
Training
43. Assertive Supervision 93. CISM/Peer Support 143. Assertive Supervision
44. Fight after the Fight
94. California Association of Law
Enforcement Background
Investigators (CALEBI) Conference 45. Basic Crime Scene
Documentation
95. Risk & Insurance Management
Society (RIMS) Conference 46. Hostage Negotiation Team (HNT)
Course 96. Basic Academy 47. Advanced Crime Scene
Documentation 97. School Violence Dispatchers
48. Sherman Block Supervisory
Leadership Institute (SBSLI)
Graduation-Cleland
98. International Chiefs Conference
49. Tactical Breecher 99. Redacting Records
50. Police Academy 100. Drug Recognition Expert (DRE)
Update
Page 1 of 1
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
April 17, 2024
Item 3B
TITLE: 2024 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE MEETING
SCHEDULE
RECOMMENDATION:
That the Police Advisory and Accountability Committee (“Committee”) amend the date or the
time of their May meeting.
BACKGROUND:
On May 15, 2024, the City of San Rafael will be participating in the “Annual State of the City”
event. Therefore, staff requests that the Committee consider having the meeting earlier in the
day or moving the meeting to the following week.
DISCUSSION:
At its December 20, 2023, meeting, the Committee adopted its 2024 meeting schedule. Staff
has reviewed the scheduled use of the Council Chambers and asks that the Committee
consider moving their meeting to any of the following dates or times.
• May 8, 2024, at 6:00 PM
• May 15, 2024, at 4:00 PM
• May 22, 2024, at 6:00 PM
Please note that since this meeting will be held at a time outside of the regular schedule, it is
considered a “Special Meeting” under the Ralph M. Brown Act. Following Committee approval
of the meeting date, staff will update the Committee website with the new date or time of the
May meeting.
FISCAL IMPACT:
None
ALTERNATIVE ACTION:
Any other action as determined by the Committee.
Submitted by:
Angela Robinson Piñon
Assistant City Manager