Part 40

POLICE DEPARTMENT*

Sections:

The police department is established by Charter Section 807.

(Ord. 25209.)

The chief of police shall be the head of the police department.

(Ord. 25209.)

• A. In addition to those general functions, powers and duties given to the department head by this chapter and other provisions of this Code, the chief of police shall:

  1. Administer the operation of the police department.

  2. Prevent crime and maintain law and order in the city by enforcing the laws of the United States, the state of California, and the ordinances of the city, except where law enforcement is exclusively vested in another office or officer.

*Charter reference— For Charter provisions creating the city police department, see Charter § 807.

3. Perform services and functions relating to crime prevention and crime investigation, the apprehension and prosecution of criminals, and other law enforcement duties as the city manager may direct.

4. Perform such other programs or functions related to law enforcement investigation and crime prevention that the city council or the city manager may, from time to time, authorize or request.

• B. The chief of police, as part of any disciplinary investigation based upon either a citizen or departmental complaint against a police officer shall have the power to inspect, upon reasonable notice, all papers, books, accounts, records, documents and other items that may be relevant to the disciplinary investigation.

• C. The chief of police, as part of any disciplinary investigation based upon either a citizen or departmental complaint against a police officer, shall have the power to issue subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents or other items that may be relevant to the investigation.

• D. If any person refuses or fails to comply with a subpoena issued by the chief of police pursuant to this section, the city attorney may petition any court of competent jurisdiction for an order compelling the person to attend and testify or produce the books, papers, records, accounts, documents or other items required by the subpoena before the officer named in the subpoena.

• (Ords. 25209, 26192.)

• A. The City Council has made the following determinations:

  1. The military equipment inventoried and presented to the City Council is neces-

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ADMINISTRATION

§ 2.04.4220

sary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The proposed military equipment use policy ("Policy") 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); and

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.

• B. The Police Department has submitted a proposed Policy to the City Council and has made those documents available on the Police Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue.

• C. The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

• D. The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use.

• E. The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsection (A) above.

• F. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

• G. The City Council approves the proposed Policy, and finds that it satisfies the requirements of Government Code Section 7070(d).

• (Ord. 30792.)