DATE: February 6, 2024
TO: Board of Supervisors
SUBMITTED BY: John Zanoni, Sheriff-Coroner-Public Administrator
Kirk Haynes, Chief Probation Officer
SUBJECT: Amendment to Ordinance Code Chapter 10.66 and authorization of Unmanned Aerial Systems Drone Purchase for Sheriff’s Office
RECOMMENDED ACTION(S):
TITLE
1. Adopt and authorize Chairman to execute resolution making determinations regarding military equipment use required by Government Code § 7071(d);
2. Conduct first hearing on a proposed Ordinance to amend Chapter 10.66, “Military Equipment Use Policy” to Title 10 Public Peace, Morals and Welfare of the Ordinance Code of the County of Fresno, waive reading of the Ordinance in its entirety, and set second hearing for February 20, 2024;
3. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance;
4. Direct the Clerk of the Board to post and publish the required Ordinance summary in accordance with Government Code, Section 25124(b)(1);
5. Adopt Budget Resolution increasing FY 2023-24 appropriations and estimated revenues for the Sheriff-Coroner-Public Administrator’s Org 31116313 in the amount of $126,303 for the purchase of drones for the Sheriff’s Office (4/5 vote); and
6. Adopt Budget Resolution increasing the FY 2023-24 appropriations in the Sheriff’s Federal Asset Forfeiture Treasury Fund 0095, Subclass 17665, Org 1466 in the amount of $126,303 (4/5 vote).
REPORT
There is no increase in Net County Cost associated with these actions. Approval of the recommended actions will conduct a first hearing to amend Chapter 10.66 of the Ordinance Code of the County of Fresno (Ordinance Code) to add the Probation Department, and authorize the Probation Department to obtain and use Military Equipment, as defined by Assembly Bill (AB) 481. Approval of the recommended actions will also update the Sheriff’s Office’s Military Equipment Use Policy to increase the number of approved drones under the policy and allow the Sheriff’s Office to utilize Federal Asset Forfeiture Treasury funds to purchase new drones for the Sheriff’s Office. The drones will be used during emergency operations. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved, the Probation Department will not be able to obtain and use military equipment, and the Sheriff’s Office will not be able to increase the number of approved drones under the policy and purchase drones to further assist in providing law enforcement support and emergency operations.
FISCAL IMPACT:
There is no additional Net County Cost associated with the recommended actions. Approval of the fifth recommended action will increase the FY 2023-24 appropriations in the Sheriff-Coroner-Public Administrator’s Org 3111 for program 91926 in the amount of $126,303 and estimated revenues in the amount of $126,303 for the purchase of the new drones through an Operating Transfer In from the Federal Asset Forfeiture Treasury Org 1466. Approval of the sixth recommended action will increase the FY 2023-24 appropriations for the Federal Asset Forfeiture Treasury Org 1466 in the amount of $126,303. The total is currently available in the fund balance of the Federal Asset Forfeiture Treasury Fund 0095, Subclass 17665. Maintenance costs are included in the Sheriff-Coroner- Public Administrator’s FY 2023-24 Adopted Budget Org 3111 and will be included in future budget requests.
DISCUSSION:
On January 1, 2022, AB 481 became effective, with the intent of the State Legislature for governing bodies that oversee law enforcement agencies to have in place legally enforceable safeguards, including transparency, oversight, and accountability measures, before such law enforcement agencies fund, acquire, or use military equipment. Since the Board of Supervisors of the County of Fresno is the governing body for each of the law enforcement agencies in the County, including the Sheriff’s Office, District Attorney’s Office and the Probation Department, AB 481 requires these law enforcement agencies to obtain approval by adoption of a military use equipment use policy by ordinance at a regular open meeting of the Board of Supervisors. Thereafter, the Board will need to annually review the ordinance and either disapprove or renew the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the applicable law enforcement agencies, that the military equipment does not comply with standards for approval described in the law.
On August 8, 2023, your Board adopted County Ordinance Code, Chapter 10.66, “Military Equipment Use Policy,” in compliance with AB 481, which added Chapter 10.66 “Military Equipment Use Policy” to Title 10, “Public Peace, Morals and Welfare” of the Ordinance Code. At the time of adoption of the Ordinance, the Probation Department believed that it did not have any military equipment, so the Probation Department did not adopt a Military Equipment Use Policy, and was not included in the Ordinance. After the adoption of the Ordinance, the Probation Department became aware that certain specialty impact munition (SIM) weapons, which the Probation Department uses for training only, and two Unmanned Aerial Systems (UAS), more commonly known as drones, which the Probation Department is not yet using, but are intended to be used for community engagement outreach and social media, qualify as military equipment.
The Probation Department would now like to adopt a military equipment use policy, so that it may acquire and use military equipment, as defined by AB 481. This policy will apply to its SIM weapons, which it only uses for scenario-based training for its officers. The Probation Department also intends to acquire additional and use drones to locate and identify suspects and scenes documentation. On July 7, 2023, Fresno Police Department (Fresno PD) with Clovis Police Department, Fresno County Probation, and Fresno County District Attorney (multi-agency partnership application partners) applied for the Organized Retail Theft (ORT) Prevention Grant Program through Board of State and Community Corrections (BSCC). On September 14, 2023, BSCC awarded Fresno PD and the multi-agency partnership $23,663,194. On December 14, 2023, Fresno PD brought the grant award before its City Council, and it was accepted. The Probation Department is currently working on taking the grant awarded to the Board on the first available date within the agenda item processing deadlines. Out of the total grant award, the Probation Department was allocated $1,089,975. The Probation Department plans to purchase a total of four (4) additional drones utilizing the allocated grant funds once the grant award is accepted by the Board.
The Sheriff's Office currently uses drones for the purpose of enhancing air to ground law enforcement support and emergency operations. The Sheriff's Office has Federal Aviation Administration (FAA) trained personnel who are collaterally assigned to operate the drones in support of locating and apprehending wanted subjects, missing persons, and for other search and rescue missions. Further, the drones are used for any task that can best be accomplished from the air in an efficient and effective manner, with due regard to the protections of the Constitution of the United States of America and the State of California. The Sheriff’s Office currently has a quantity of 14 drones, with expansion to 20, under its policy previously approved by the Board. If its updated military equipment use policy is approved, the Sheriff’s Office seeks to expand the number of UAS from 20 to 44, to be used for law enforcement purposes, including assisting deputies to search for missing persons, natural and manmade disaster response, crime scene photography, tactical incidents and life preservation missions, and allied agency response.
The District Attorney’s Office does not request changes to its Military Equipment Use Policy at this time.
Recommended actions five and six will authorize the purchase of 13 new interior drones and 10 new thermal outdoor drones that will outfit the entire Sheriff Office’s Unmanned Aircraft Systems unit pilots, to be deployable in any situation. The purchase also includes a loudspeaker for each drone, a spotlight for operations during darkness, and a small surplus of batteries to replace the older ones as needed.
REFERENCE MATERIAL
BAI #23, August 8, 2023
BAI #9, July 18, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
Ordinance
Ordinance - Redline
On file with Clerk - Ordinance Summary
Sheriff’s AB 481 Policy
Probation’s AB 481 Policy
On file with Clerk - Resolution (Org 3111)
On file with Clerk - Resolution (Org 1466)
CAO ANALYST:
Fine Nai