HomeMy WebLinkAboutORDINANCE 2910 N.C.S. 09/15/2025
Ordinance No. 2910 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
October 15, 2025
ORDINANCE NO. 2910 N.C.S.
Introduced by: Janice Cader Thompson Seconded by: Brian Barnacle
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA TO CODIFY THE CITY’S
CIVILIAN PUBLIC SAFETY OVERSIGHT AND TRANSPARENCY POLICIES BY ADDING A NEW
CHAPTER 2.50 ENTITLED “PUBLIC SAFETY ADVISORY COMMITTEE” IN THE
“ADMINISTRATION” TITLE, TITLE 2, AND TO REPEAL AND REPLACE RESOLUTION NO.
2024-048 N.C.S., AND ADDING A NEW CHAPTER 8.01 ENTITLED “INDEPENDENT POLICE
AUDITOR,” AND A NEW CHAPTER 8.03 ENTITLED “MILITARY EQUIPMENT USE”
REGARDING ASSEMBLY BILL 481 IN THE “HEALTH AND WELFARE” TITLE, TITLE 8, IN THE
PETALUMA MUNICIPAL CODE
WHEREAS, following the May 25, 2020, murder of George Floyd in Minneapolis, community race
relations, public safety and city government DEI policies and programs, including police use of force and other
policies, have become a focus in communities across the country; and
WHEREAS, to address requests from community members and start these conversations locally, the City
hosted a community engagement and listening forum followed by community-led listening sessions; and
WHEREAS, the City retained a professional facilitator, Tracey E. Webb of Tracey Elizabeth Webb
Associates, and established an Ad Hoc Community Advisory Committee (AHCAC) to discuss race relations in
Petaluma and make recommendations to the City Council to help unify the community and identify and pursue
opportunities for meaningful, positive change and advancement of inclusion in Petaluma City government and
throughout the community; and
WHEREAS, the AHCAC consisted of 28 appointees from numerous community stakeholder groups,
including education, public health, civil rights, and other stakeholder groups, with substantial representation from
Petaluma Black, Indigenous, and People of Color (BIPOC) communities; and
WHEREAS, the AHCAC met from April 21, 2021, to October 19, 2021, in 6 facilitated meetings with
City executive staff and on December 13, 2021, provided the City Council with 31 recommendations to improve
public safety and promote diversity, equity, inclusion, and belonging within the Petaluma community in general
and within the City government and its Police Department in particular; and
WHEREAS, the recommendations from the AHCAC included the implementation of Independent Police
Oversight and diversity, equity, inclusion, and belonging efforts throughout City government, including in
recruiting, hiring, training, retention, and advancement of City staff, and in all City programs and activities; and
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WHEREAS, on December 13, 2021, the City Council reviewed and prioritized the AHCAC’s
recommendations and identified for staff specific items to analyze for budgetary, legal, and policy implications
and to return to the Council with recommendations for consideration and City Council direction; and
WHEREAS, on April 4, 2022, the City Council provided direction for implementation of the City
Council’s priorities in response to the recommendations of the AHCAC; and
WHEREAS, on May 2, 2022, the City Council provided direction on top 10 Goals and Priorities which
included the “Implementation of Hybrid Police Oversight Model and Citywide Diversity, Equity and Inclusion
Efforts;” which combined independent, professional public safety auditors and civilian public safety advice and
oversight, including the creation of a community Public Safety Advisory body for achieving enhanced community
safety, feelings of belonging and trust, transparency, and public safety accountability; and
WHEREAS, the hybrid civilian oversight model adopted by the City Council includes the functions of
an Independent Police Auditor (IPA) and a Public Safety Advisory Committee (PSAC) to ensure comprehensive
civilian oversight, public safety transparency for the community, and adherence to best practices within the Police
Department; and
WHEREAS, the Public Safety Advisory Committee is intended to work closely with the Independent
Police Auditor, the Police Department, the City Manager's Office, the City Attorney's Office, and other City
departments to promote public trust, enhance City responsiveness and accountability, represent community
values, provide advice and recommendations and also respond to City proposed initiatives related to public safety
and police/community relations; and
WHEREAS, the Petaluma City Charter provides in Section 55 that the City Council shall have the power
to establish such commissions as shall be necessary for the effective accomplishment of municipal business,
subject to such commissions including a City Council member as a commission member and term limits specified
in Section 55 of the City Charter; and
WHEREAS, the City Council has from time to time, pursuant to the City's general police and other
powers, established committees as subordinate bodies to the City Council and charged such bodies with providing
advice and recommendations to the City Council regarding specified topics, and the Petaluma City Charter
restrictions that apply to creation of City commissions do not apply to the establishment of City committees or to
the appointment of City committee members or their terms of office; and
WHEREAS, on May 6, 2024, the City Council adopted Resolution No. 2024-048 N.C.S. “Establishing a
Public Safety Advisory Committee (PSAC) As Part of the City’s Expansion of Civilian Police Oversight and
Community Engagement with Public Safety in Petaluma in Furtherance of the City’s Community Conversations
and Recommendations on Race Relations and Petaluma City Government;” and
WHEREAS, on September 19, 2022, City staff released a Request for Proposals (RFP) inviting proposals
to provide IPA services in accordance with the May 2, 2022 direction of the City Council; and
WHEREAS, the RFP required that respondents submit proposed scopes of work including the following
tasks:
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1. Intake and review of community complaints and internal affairs investigations
2. Review of Department policies, procedures, and training
3. Assessment of the work of the Professional Standards Division
4. Community outreach and P (PSAC) engagement; and
WHEREAS, staff received and evaluated proposals, and the most qualified firms were interviewed; and
WHEREAS, multiple rounds of interviews were conducted by two different panels, one of which
included both City staff and community stakeholders; and
WHEREAS, the two interview panels agreed that the most qualified applicant to serve as the Independent
Police Auditor was IntegrAssure; and
WHEREAS, the City’s IPA is intended to work collaboratively with the PSAC; and
WHEREAS, the PSAC , among other duties, receives and reviews the IPA report and provides feedback
and recommendations prior to the report being presented to City Council; and
WHEREAS, the City provided information concerning the City Council’s direction regarding civilian
police oversight in Petaluma to representatives of Unit 6, the bargaining unit that represents the City’s sworn
police officers other than command staff, responded to questions of Unit 6 representatives, and held meetings
with Unit 6 representatives regarding the City Council’s civilian police oversight direction in accordance with
applicable requirements of the Meyers Milias Brown Act; and
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB
481) (codified in Government Code sections 7070 through 7075), relating to the use of “military equipment” as
defined in the statute by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public
input on decisions regarding whether and how military equipment is funded, acquired, or used by local police
departments; and
WHEREAS, the Petaluma Police Department is in possession of certain items of equipment that qualify
as “military equipment” under AB 481; and
WHEREAS, pursuant to Government Code Section 7071(b), AB 481 requires that a law enforcement
agency possessing and using equipment subject to AB 481 must prepare a publicly released, written, Military
Equipment Funding, Acquisition, and Use Policy including the inventory, description, purpose, use, acquisition,
maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the use of
equipment subject to AB 481; and
WHEREAS, the Military Equipment Policies required by AB 481 and supporting information must be
adopted by California law enforcement agency governing bodies by ordinance, and be reviewed annually; and
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WHEREAS, in compliance with AB 481, on April 18, 2022, the Petaluma Police Department submitted
a draft Petaluma Military Equipment Funding, Acquisition, and Use Policy (Policy) to the City Council as City
Council agenda Item 4B, and posted the proposed Policy on the City’s website for 30 days before the June 6,
2022, public hearing; and
WHEREAS, the City Council considered the proposed AB 481 Policy at a duly noticed regular meeting
on June 6, 2022 at which time all interested members of the public were provided the opportunity to provide
public comment, and introduced an ordinance approving the Petaluma Police Department’s Military Equipment
Funding, Acquisition, and Use Policy, incorporating specified changes to the ordinance in compliance with
California Assembly Bill No. 481; and
WHEREAS, on June 20, 2022, City Council adopted Ordinance No. 2818 N.C.S., which approved
Petaluma Police Department Policy 709, pertaining to Military Equipment Funding, Acquisition, and Use Policy
in accordance with AB-481 requirements; and
WHEREAS, pursuant to Government Code Section 7071(a)(1)(E), "A law enforcement agency shall
obtain approval of the governing body, by an ordinance adopting a military equipment use policy... prior to
engaging in ... using any new or existing military equipment for a purpose, in a manner, or by a person not
previously approved by the governing body...;" and
WHEREAS, pursuant to Government Code Section 7071(b), "In seeking the approval of the governing
body... a law enforcement agency shall submit an Annual Military Equipment Use Report to the governing body
for the previous year and make those documents available on the law enforcement agency' s website at least 30
days prior to any public hearing concerning the military equipment at issue;" and
WHEREAS, Ordinance No. 2818 N.C.S. did not address Unmanned Aerial Systems (UASs) and
Unmanned Ground Vehicles (UGVs), or the purposes and authorized uses of UAGs and UASs, pursuant to
Government Code Section 7071, and the Petaluma Police Department drafted Policy 613, pertaining to UAS and
UGV operations, to establish the guidelines for the use of UAS and UGV devices and Policy 613 includes
guidelines for storage, retrieval and dissemination of images and data captured by the UAS/ UGV devices; and
WHEREAS, a draft of Policy 613 was presented to City Council and placed on the City' s website on
July 5, 2023, as part of the July 10, 2023, City Council meeting, more than 30 days before the August 7th, 2023
City Council meeting; and
WHEREAS, the City Council considered the proposed AB 481 Policy at a duly noticed regular meeting
on August 7, 2023 at which time all interested members of the public were provided the opportunity to provide
public comment and City Council voted unanimously to introduce Ordinance No. 2859 N.C.S.; and
WHEREAS, on September 11, 2023, City Council unanimously adopted Ordinance No. 2859 N.C.S.;
and
WHEREAS, the City Council renewed Ordinance Nos. 2818 N.C.S. and 2859 N.C.S. in 2024 and 2025,
approving the City’s military equipment use policies annually as required by AB-481; and
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WHEREAS, the City of Petaluma has undertaken significant efforts to enhance public safety, promote
transparency, and advance diversity, equity, inclusion, and belonging (DEIB) within City government and the
community, including through the establishment of the Ad Hoc Community Advisory Committee (AHCAC),
Independent Police Auditor (IPA), Public Safety Advisory Committee (PSAC), and compliance with California
Assembly Bill 481 (AB 481), all as part of the City’s commitment to and policies maintaining civilian oversight
concerning Petaluma Public Safety; and
WHEREAS, this ordinance does not constitute a "project" under the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it pertains to organizational and
administrative activities of the government that will not result in direct or indirect physical changes to the
environment; the PSAC has already been established; the City has enacted military equipment use policies in
compliance with AB 481, and is merely codifying its civilian public safety oversight policies, including PSAC,
IPA, and military equipment use polices under AB-481 will not result in environmental impacts; and
WHEREAS, even if this ordinance were considered a "project" under CEQA, it would qualify for
exemption under the "Commonsense Exemption" set forth in CEQA Guidelines Section 15061(b)(3), as it can be
determined with certainty that this ordinance has no potential to cause a significant environmental impact;
WHEREAS, on September 8, 2025, City Council unanimously introduced the proposed ordinance.
NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma, as follows:
Section 1. Findings:
1. The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby
incorporates them into this ordinance as findings of the City Council.
2. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15378. Adoption of an ordinance authorizing the police
department’s use of existing and budgeted equipment subject to AB 481; and codifying the City’s PSAC
and IPA policies does not meet CEQA's definition of a “project,” because such administrative action does
not have the potential for resulting either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment.
Section 2. Amendment to Title 2, “Administration,” to add a new Chapter 2.50 entitled “Public Safety Advisory
Committee.”
A new Chapter 2.50 entitled “Public Safety Advisory Committee” is hereby added to Title 2, “Administration,”
of the Petaluma Municipal Code, to read as follows.
Chapter 2.50 Public Safety Advisory Committee
2.50.010. Establishment.
A Public Safety Advisory Committee (PSAC) is hereby established as an essential element of Petaluma' s
hybrid model for civilian police oversight, transparency and accountability and community engagement
with Petaluma public safety programs and practices.
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2.50.020. Purpose.
The PSAC is intended to serve as an advisory body to the City Council and a community resource for the
City of Petaluma in the formation of strategies, development of community policing concepts, increasing
public awareness, and addressing police/community relations regarding the public safety of the entire
community. The PSAC is intended to provide a forum for discussions of community public safety concerns
and to represent a broad spectrum of viewpoints.
2.50.030. Composition.
A. The PSAC shall consist of six community members, representing diverse interests and backgrounds,
and one City Council member as a City Council liaison to the committee, for a total of seven seats on the
PSAC.
B. Each member shall be either a resident of the City, having resided in the City not less than one year
prior to the member's appointment, or the owner of a business authorized to operate within the City in
accordance with Petaluma Municipal Code Chapter 6.01 for not less than one year prior to the member's
appointment.
C. To ensure the PSAC's independence from the Petaluma Police Department, no current or former
employee of the Petaluma Police Department, and no immediate family or household member (defined as
the parent, spouse, domestic partner, sibling, child, or cohabitant), of a current or former employee of the
Petaluma Police Department, may be appointed to or serve on the PSAC.
D. Practicing attorneys who represent/or are members of firms or entities that represent individuals or
entities that are parties to criminal or civil matters involving law enforcement agencies as a party or witness
are ineligible to be appointed to or serve on the PSAC.
E. Persons who have active, pending criminal proceedings, are on parole, probation, or post-community
release supervision, or who have prior criminal convictions for violent felonies or other crimes involving
moral turpitude are ineligible to be appointed to or serve on the PSAC.
1. For purposes of eligibility to be appointed to or serve on the PSAC, "moral turpitude" shall have
the same meaning as in California law, and includes " dishonesty," "general readiness to do evil,"
“bad character," and" moral depravity." (See, e.g., People v. Bautista (1990) 217 Cal.App.3d 1, 5.)
D. Ideal PSAC appointees will be:
1. Interested in engaging with and learning about public safety and policing in Petaluma and the
legal and policy framework that govern Petaluma policing; meet the eligibility requirements in this
paragraph; and
2. Prepared to attend PSAC meetings and fulfill all the duties of PSAC members in accordance
with Section 2.50.040.
2.50.040. Duties/Authority.
A. The PSAC and its members are charged with the following duties:
1. Reviewing, discussing and providing comments to the City Council regarding the IPA' s annual
report.
2. Providing comments on existing and recommended police policies.
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3. Reviewing and providing comments to the City Council on the Department's annual military
equipment report and the City's military equipment use ordinance pursuant to AB- 481.
4. Assisting in the development and review of the Police Department's strategic plan goals and
objectives.
5. Commenting and providing recommendations on Petaluma public safety programs and
initiatives.
6. Assisting in educating the community at large about Petaluma civilian public safety oversight
and the function and role of the Petaluma Police Department, providing comments and
recommendations regarding the community's need for police services as well as ensuring that
appropriate public safety services are delivered for the community's benefit.
7. Reporting at least annually to the City Council and the community on the PSAC's work. PSAC
reports may take the form of oral reports at City Council meetings by PSAC members or City staff
supporting the PSAC, or may be in writing, as the circumstances may warrant, so as to most
efficiently and effectively provide the City Council and the community relevant information on
the PSAC’s performance of its duties.
B. PSAC members will receive training from members of the Police Department, the IPA as defined in
Chapter 8.01, the City Attorney's Office, and others as appropriate, regarding the federal, state and local
laws and regulations affecting the provision of municipal police services in California.
C. City staff shall provide PSAC members public safety related information necessary for the fulfillment
of their duties, including information on: current and proposed Petaluma Police Department policies, calls
for police assistance; incidents involving the Petaluma Police Department; citizen complaints concerning
the Police Department; and conclusions, recommendations and reports of the IPA.
D. Notwithstanding subsection 2.50.040(C), the PSAC members will not have access to confidential
information that is exempt from disclosure to members of the public pursuant to the California Public
Records Act or other laws and/or that if disclosed may endanger the safety of a witness or other person
involved in an investigation, the successful completion of an investigation, or violate individual privacy
rights, or be a basis of City liability, such as confidential law enforcement investigation informatio n or
police officer personnel records.
E. The PSAC shall have no authority to employ any person or to supervise or direct City staff or to incur
any expense or obligation without approval of the City Manager or City Council.
2.50.050. Terms.
A. The terms of office of PSAC members shall commence upon their appointment taking effect and
following their being sworn into office.
B. Initial member terms will be staggered, with three members serving four years and three members
serving two years.
C. Following the initial PSAC terms and subsequently, each member's term shall be for four years.
D. No PSAC member shall serve more than two, full, consecutive terms.
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E. The PSAC members' terms shall continue to be staggered such that the terms of no more than three
PSAC members shall expire in any given year.
F. The City Council PSAC liaison shall serve a one-year term. City Council PSAC liaison appointments
will generally occur at the same time as other City Council liaison appointments, except that City Council
PSAC liaison appointments may occur at other times as needed due to vacancy or otherwise.
G. Notwithstanding the expiration of a PSAC member's term pursuant to this section 2.50.050, and subject
to section 2.50.060, each PSAC member shall serve until a successor is appointed by the City Council.
2.50.060. Resignation/Removal.
A. PSAC members may resign their seats at any time upon notice to the then PSAC chair.
B. The City Council may declare the office of a PSAC member vacant: upon the resignation, death, or
disability that results in the inability of a PSAC member to perform their duties; loss of residency or other
status required for a PSAC member to be eligible to serve; or unexcused absence of a PSAC member from
three consecutive regular meetings of the PSAC.
C. The City Council may also remove any PSAC member without cause; however, removal without cause
shall require the affirmative vote of at least four members of the City Council.
2.50.070. Vacancies.
Upon the occurrence of a vacancy in a PSAC seat for any reason, the City Council shall, at a time
convenient to the City Council, appoint a qualified person to fill the vacancy for the unexpired term.
2.050.080. Meetings.
A. PSAC meetings shall be held monthly; provided that the PSAC may conclude that for part or all of the
year, bi-monthly meetings are adequate for the PSAC to fulfill its duties in accordance with Section
2.50.040.
B. PSAC meetings will generally not exceed ninety (90) minutes in length, and may be extended by up to
fifteen (15) minutes in accordance with Section 2.50.090.
C. PSAC meetings shall be subject to all applicable requirements of the Ralph M. Brown Act ("the Brown
Act"), California Government Code Section 54950 et seq).
2.50.090. Quorum/Action.
A. A majority of four (4) PSAC members shall constitute a quorum for meeting and conducting PSAC
business.
B. All actions of the PSAC shall require the affirmative vote of a majority of the PSAC members present.
C. A tie vote shall constitute no action on the motion, proposed action or recommendation.
D. If fewer than four (4) members are present staff may adjourn meetings of the PSAC in accordance with
all applicable requirements of the Brown Act.
2.50.100. Organization.
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A. At its first meeting, and then annually thereafter, the PSAC shall organize by electing from the PSAC
members a chair and vice- chair, who shall each hold office for one year.
B. The chair, and in the absence of the chair, the vice- chair, shall preside over PSAC meetings.
2.50.110. Staff.
The City's Police Department and City Attorney's Office shall staff PSAC and provide advise and support
the PSAC as appropriate in the performance of its duties.
SECTION 3. Amendment to Title 8, “Health and Welfare,” to add a new Chapter 8.01, “Independent Police
Auditor.”
A new Chapter 8.01 entitled “Independent Police Auditor” is hereby added to Title 8, “Health and Welfare,” of
the Petaluma Municipal Code, to read as follows:
8.01.010. Purpose.
The purpose of this chapter is to establish the role of an Independent Police Auditor (IPA) to enhance
accountability and transparency, to provide training, and promote adherence to the law and best practices
within the Petaluma Police Department (PPD). The IPA will provide independent review of police
activities, policies, and practices as specified in the agreement prescribing the IPA’s scope of services to
ensure compliance with legal and ethical standards and City policy. By fostering a culture of
accountability, codification of the IPA role pursuant to this chapter is intended to:
1. Promote community trust in law enforcement through impartial review and public reporting
regarding PPD activity.
2. Ensure fairness, thoroughness, and impartiality in the investigation and resolution of
complaints against PPD personnel.
3. Evaluate and recommend improvements to PPD policies, procedures, and practices to reduce
misconduct and improve community relations.
4. Serve as a liaison between the community and the PPD, ensuring that the public's concerns are
heard and addressed.
Through these measures, the IPA will work to ensure that the PPD upholds the principles and laws
promoting justice, equity, and public safety while respecting the rights of all community members.
Nothing in this chapter is intended to modify the agreement prescribing the IPA’s scope of services. This
chapter is intended to guide the preparation of the IPA’s contractual scope of services, which may be
amended from time to time, and to generally describe the role of the IPA in the city’s civilian public safety
oversight policies. The IPA’s contractual duties shall be as specified in the agreement prescribing the
IPA’s scope of services.
8.01.020 Retention of an Independent Police Auditor.
A. The City shall contract with an IPA to review the actions and policies of the PPD. The IPA shall conduct
independent reviews and evaluations of PPD practices and procedures and submit quarterly reports to the
City Manager detailing the IPAs activities in accordance with Section 8.01.030.
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B. The IPA shall provide bi-annual reports to the Public Safety Advisory Committee (PSAC), established
pursuant to Chapter 2.50 of this code.
C. The IPA shall provide an annual report to the City Council, which shall supplement the annual military
equipment report required by Section 8.03.020 of this code.
3.20.030. Duties and Responsibilities of the Independent Police Auditor.
The scope of work of the IPA pursuant to the contract by which the IPA is retained shall generally include
the following tasks:
A. Review of Community Complaints and Internal Affairs Investigations.
1. Independent Complaint Intake.
a. The IPA may receive complaints directly from citizens, and shall forward a summary,
along with complainant contact information, to the PPD Professional Standards
Division (PSD) through the Chief of Police.
b. If the PPD receives a complaint or initiates an internal investigation, it shall notify the
IPA within three (3) working days, providing the nature of the allegations.
c. Both the IPA and PPD shall independently review complaints and investigations to
assess whether a criminal referral is warranted.
2. Review of PPD Investigations.
a. The IPA shall review the disposition of PPD’s citizen complaints and internal affairs
investigations within ten (10) working days, or as soon thereafter as reasonably
possible, to evaluate their thoroughness and appropriateness.
b. The IPA shall have unrestricted access to all relevant information, evidence, and
materials necessary to discharge its duties.
c. The IPA shall assess whether investigations were complete, thorough, and objective,
and may recommend further inquiry or modifications to findings.
3. Disposition and Follow-Up.
a. Upon completion of an investigation and any disciplinary action, if applicable, the IPA
shall confer with the Chief of Police to address any concerns related to process,
findings, or disciplinary recommendations.
b. The IPA shall document any policy, procedural, or training recommendations arising
from complaint investigations.
c. Investigation outcomes shall be categorized as Sustained, Not Sustained, Unfounded,
or Exonerated.
4. Tracking and Reporting.
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The IPA shall review all complaint investigations to ensure timely and fair resolution by:
a. Tracking each case through completion.
b. Documenting complaint classifications and nature.
c. Reviewing compliance with investigation timelines.
d. Evaluating the fairness and appropriateness of disciplinary actions.
e. As part of the semi-annual report, pursuant to Section 8.01.020, the IPA shall provide
a detailed analysis of complaint statistics, trends, initial allegations, investigation
findings, and recommendations.
B. Independent Investigations and Additional Audits.
1. If the IPA determines that an internal investigation was insufficient, or if PPD declines to
investigate a complaint, the IPA may, with approval from the City Manager and City Attorney,
initiate an independent investigation.
2. The IPA shall have full, unrestricted access to all necessary information, evidence, and records
necessary to discharge its duties.
3. The IPA shall provide an annual report to the City Manager assessing the effectiveness of the
PSD.
C. Review of Policies, Procedures, and Training.
1. Policy and Procedure Evaluation.
a. The IPA shall review and assess both existing and new PPD policies and procedures,
as specified in the IPA contract.
b. The IPA shall evaluate training programs related to professional standards,
accountability, and discipline.
2. Priority Policy and Practice Audits.
The IPA shall focus on auditing PPD policies and practices, including:
a. Body-worn camera usage and supervisory review.
b. Early warning systems for identifying use-of-force trends.
c. PSD disciplinary processes.
d. Identifying policy or training deficiencies and recommending corrective actions.
3. Recommendations for Policy, Procedure, and Training Improvements.
a. The IPA shall submit written recommendations for improvements in PPD policies,
procedures, and training.
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b. Recommendations shall be shared with the Chief of Police and made publicly available
when appropriate.
c. The IPA shall include a summary of all policy recommendations and their
implementation status in the semi-annual report.
D. Review of Critical Incidents.
1. The PPD shall notify the IPA within 24 hours of any critical incident, including:
a. All officer-involved shootings.
b. Police-involved traffic collisions resulting in death or serious bodily injury.
c. Use of force incidents leading to death or serious bodily injury.
d. In-custody deaths of detainees.
2. The IPA shall review PPD’s investigation, findings, and disciplinary recommendations related
to critical incidents.
3. Based on its review, the IPA may recommend policy changes, training improvements, or
disciplinary actions.
E. Monitoring of Police Conduct and Performance Trends.
1. The IPA shall audit background investigations of police personnel to ensure compliance with
the law and best practices regarding officer qualifications and character standards.
2. The IPA shall identify and report on trends in arrests, citations, and officer use-of-force
incidents, including demographic data.
3. The IPA shall monitor the PPD’s Early Warning System(s) for tracking officer misconduct,
vehicle pursuits, and other high-risk behaviors.
F. Community Engagement and Public Safety Advisory Committee Participation.
1. The IPA shall work collaboratively with City staff, the PSAC, and community stakeholders to
enhance police-community relations.
2. The IPA shall provide the PSAC with all reports and audits submitted to the City Council ,
pursuant to Section 8.01.020.
3. The IPA shall consider community feedback when reviewing police policies and making
recommendations.
SECTION 4. Amendment to Title 8, “Health and Welfare,” to add a new Chapter 8.03, “Military Equipment
Use.”
A new Chapter 8.03 entitled “Military Equipment Use” is hereby added to Title 8, “Health and Welfare,” of the
Petaluma Municipal Code, to read as follows
Chapter 8.03. Military Equipment Use by the Petaluma Police Department
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8.03.010. Purpose.
The purpose of this chapter is to comply with the requirements of Assembly Bill 481 (AB 481), which
establishes guidelines and oversight for the acquisition, funding, and use of military equipment by local
law enforcement agencies. This ordinance ensures transparency, accountability, and community
involvement in decisions related to the deployment of such equipment by the city's police department.
By adopting this chapter, the city aims to balance the operational needs of law enforcement with the
public's right to understand and evaluate the potential impacts of military equipment on community safety
and civil liberties. This chapter provides a framework for public engagement, ongoing reporting, and
policy evaluation to ensure that any use of military equipment is lawful, necessary, and consistent with
the values and priorities of the community.
8.03.020. Definitions.
A. “Military equipment” shall include equipment defined in Government Code Section 7070(c), as that
section may be amended from time to time, and includes 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.
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12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding
standard, service-issued handheld pepper spray.
13. Area denial electroshock devices, microwave weapons, water cannons, long-rang acoustic
devices, acoustic hailing devices, and sound cannons.
14. The following projectile launch platforms and their associated munitions: 40mm projectile
launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Notwithstanding paragraphs1 through 14, “military equipment” does not include general
equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. “Military equipment use policy” means a publicly released, written document governing the use of
military equipment by the Petaluma Police Department that addresses, at a minimum, all the requirements
in Government Code Section 7070(d), as that may be amended from time to time, and 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 Petaluma Police Department 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 Petaluma Police
Department 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 authority, and, if applicable, what legally
enforceable sanctions are put in place for violations of the policy.
7. 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 Petaluma Police
Department will ensure that each complaint, concern, or question receives a response in a timely
manner.
C. “Type” means each item that shares the same manufacturer model number.
8.03.030. Approval and Oversight of Military Equipment Use by Law Enforcement.
A. The Petaluma Police Department shall obtain City Council approval, by an ordinance adopting a
military equipment use policy at a regular meeting of Petaluma City Council held pursuant to 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:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the
United States Code.
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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 Petaluma.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not
previously approved by City Council 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 paragraph.
B. In seeking the approval of City Council pursuant to Subsection 8.03.030(A), the Petaluma Police
Department shall submit a proposed military equipment use policy to City Council 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. City Council 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 Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
D. 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 Petaluma Police Department’s website for as long as the military equipment
is available for use.
F. City Council shall review any ordinance that it has adopted pursuant to this section 8.03.030 approving
the funding, acquisition, or use of military equipment at least annually and, subject to subsection
8.03.030(G), vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
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G. City Council shall determine, based on the annual military equipment report submitted pursuant to
Section 3.24.040, whether each type of military equipment identified in that report has complied with the
standards for approval set forth in subsection 8.03.030(D). If City Council 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 8.03.030(D), 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.
H. The Petaluma Police Department will only use and acquire military equipment approved pursuant to
subsection 8.03.030(A) or previously approved in accordance with this chapter and AB 481, unless exigent
circumstances exist where delaying the acquisition or use of the equipment would jeopardize the safety of
the Petaluma community or members of the Police Department. If such circumstances exist, notification
of the acquisition or use of the equipment, including a summary of the exigent circumstances preventing
the Police Department from giving prior notice, will be provided to the City Council as soon as practicable
but no later than 48 hours following the equipment’s acquisition or use.
8.03.040. Annual Military Equipment Report: Transparency, Public Posting, and Community
Engagement.
A. The Petaluma Police Department shall submit to City Council an annual military equipment report for
each type of military equipment approved by City Council within one year of approval, and annually
thereafter for as long as the military equipment is available for use. The Petaluma Police Department shall
also make each annual military equipment report required by this section 8.03.040 publicly available on
its internet website for as long as the military equipment is available for use. The annual military
equipment report shall comply with Government Code Section 7072(a) as is amended from time to time,
and 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.
7. Demographic information including race and ethnicity related to any military equipment use.
B. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to
this section, the Petaluma Police Department shall hold at least one well-publicized and conveniently
located community engagement meeting, at which the general public may discuss and ask questions
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regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or
use of military equipment.
Section 5. No other amendments. Except as modified pursuant to this ordinance, all provisions of the Petaluma
Municipal Code remain unchanged and in full force and effect. In addition, uncodified ordinance 2818 N.C.S.
adopted June 20, 2022 approving Petaluma Police Department Policy 709 pertaining to Military Equipment
Funding, Acquisition and Use, and uncodified ordinance 2859 N.C.S. adopted September 11, 2023, approving
Petaluma Police Department Policy 613 pertaining to Unmanned Aerial System and Unmanned Ground Vehicle
Operations, which together contain the City’s military equipment use policies enacted in accordance with AB-
481, shall remain in full force and effect unless and until they are amended, repealed or replaced by subsequent
action of the City Council.
Section 6. Repeal of Resolution No. 2024-048 N.C.S. Resolution No. 2024-048 N.C.S. entitled “Establishing a
Public Safety Advisory Committee (PSAC) As Part of the City’s Expansion of Civilian Police Oversight and
Community Engagement with Public Safety in Petaluma in Furtherance of the City’s Community Conversations
and Recommendations on Race Relations and Petaluma City Government” is hereby repealed in its entirety
effective upon the effective date of this ordinance.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any
reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction or preempted
by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this
Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful other otherwise invalid.
Section 8. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this Ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other applicable law.
Section 9. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption by
the Petaluma City Council.
INTRODUCED and ordered published and posted this 8th day of September 2025.
ADOPTED this 15 day of September 2025 by the following vote:
Ayes: McDonnell, Barnacle, DeCarli, Nau, Quint, Shribbs
Noes: None
Abstain: None
Absent: Cader Thompson
Kevin McDonnell, Mayor
ATTEST: APPROVED AS TO FORM:
Caitlin Corley, City Clerk Eric Danly, City Attorney
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