Board approves sheriff's annual military-equipment report and related ordinance after debate on drones and robots

The Santa Clara County Board of Supervisors on Tuesday accepted the sheriff's annual military equipment report and adopted an update to the county's ordinance governing sheriff's military equipment use.

The report, presented by Capt. Bridal O'Mourin and Capt. Tony Fernandez, documented uses of equipment in law enforcement and custody settings and proposed new deployments including a drone-as-first-responder program, a tactical robot for the SWAT team, a PepperBall projectile designed to penetrate glass, and energetic breaching charges for door breaching by the tactical team. Capt. O'Mourin told the board the office's reported calls for service had "increased by about 12,000," and that, aside from newly introduced drone deployments, uses of approved equipment on the enforcement side were roughly unchanged year over year.

The sheriff's presentation also noted a drop in custody uses of certain equipment despite higher average daily jail population and bookings. Capt. O'Mourin said clear-out uses had fallen from 12 to 4 in the most recent reporting period.

Oakland's independent reviewer, Julie Rolon, told the board the sheriff's submission stood out for the level of detail. "The level of detail that this report from the sheriff's office provides about each incident really makes this report stand out," she said, calling it an uncommon level of transparency among law enforcement agencies the reviewer has studied.

Board members pressed the sheriff's office on operational safeguards for drones, including when deputies may use remotely operated aircraft at demonstrations and how footage and other data would be handled. Vice President Arenas asked for data showing how often drone deployment led to apprehensions; the sheriff's office said capture rates were low in early deployments and promised additional policy detail. Arenas moved that the board approve the report and request an off-agenda update on drone policy; the motion passed on a 4-0 vote.

Supervisors also raised questions about reviews of earlier incidents. Capt. O'Mourin said six uses were identified in supervisory review and resulted in corrective action and additional training; the sheriff's office said supervisors interview involved people at the time of incidents and no formal complaints or grievances had been filed in those cases.

The board's action approves the sheriff's report and ordinance amendment relating to the sheriff's military equipment use policy. The ordinance revision removes a sunset clause that had been placed in an earlier version and updates the formal annual review process required under state law.

The sheriff's office and the county's Office of Civilian Law Enforcement Monitoring (OCLEM) will continue to work together on policy refinements, the sheriff's captain said. Rolon and the sheriff's staff told the board they plan community demonstrations of certain equipment, such as robots and drones, to increase public familiarity with the technology.

Board President Cindy Chavez and other supervisors praised the level of reporting and the ongoing dialogue among sheriff's staff, OCLEM and community representatives. The motion to accept the report and adopt the ordinance passed 4-0.

Ending: The board's approval does not finalize separate surveillance-use policy updates; staff said surveillance policy language will be brought back for a separate review. Supervisors asked the sheriff's office to return to the board with the requested drone policy clarifications and with OCLEM's tracking of body-worn-camera and supervisory-review issues.