BILL NUMBER: AB 312	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano
   (Principal coauthor: Senator Yee)

                        FEBRUARY 17, 2009

   An act to add Section 28767.7 to the Public Utilities Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 312, as introduced, Ammiano. San Francisco Bay Area Rapid
Transit District: Office of Citizen Complaints. Existing law creates
the San Francisco Bay Area Rapid Transit District (BART), governed by
an elected board of directors, with various duties and
responsibilities relative to operation of a rail transit system.
Existing law authorizes the district to maintain a police department.

   This bill would require the BART board to create an Office of
Citizen Complaints to investigate complaints and allegations of
police misconduct by the BART police department. The bill would
provide for the nomination of the director of that office by the
district attorneys of the Counties of Alameda, Contra Costa, and San
Francisco, subject to confirmation by the board.
   The bill would require the staff of the office to consist of no
fewer than one line investigator for every 150 sworn members of the
police department. The bill would require the office to investigate
complaints of police misconduct or allegations that a member of the
police department has not properly performed a duty and would require
the office to recommend disciplinary action to the chief of police.
The bill would authorize the director of the office to file charges
with the board against members of the police department under
specified circumstances. The bill would require the office to prepare
monthly summaries of the complaints received and quarterly
recommendations concerning policies or practices of the police
department that could be changed, along with a quarterly report to
the board. The bill would require all departments, officers, and
employees of the district to promptly produce all records required by
the office and to otherwise cooperate with the office, except as
specified. The bill would require the district to implement these and
other related provisions utilizing existing funds available to the
district.
   Because the bill would impose new responsibilities on the
district, it would impose a state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 28767.7 is added to the Public Utilities Code,
to read:
   28767.7.  (a) The president of the board shall appoint a person
nominated by the district attorneys from the Counties of Alameda,
Contra Costa, and San Francisco as the Director of the Office of
Citizen Complaints, subject to confirmation by the board. The
director shall serve at the pleasure of the board. If the board fails
to act on the appointment within 30 days, the appointment shall be
deemed approved. If the office is vacant, until the president of the
board makes an appointment and that appointment is confirmed by the
board, the district attorneys from the Counties of Alameda, Contra
Costa, and San Francisco shall collectively appoint an interim
director who shall serve at the pleasure of the board. The director
shall never have been a member of the police department of the
district or another employee of the police department.
   (b) The board shall organize, reorganize, and manage the Office of
Citizen Complaints. The Office of Citizen Complaints shall include
investigators and hearing officers. The staff of the Office of
Citizen Complaints shall consist of no fewer than one line
investigator for every 150 sworn members of the police department.
Whenever the ratio of investigators to police officers specified by
this subdivision is not met for more than 30 consecutive days, the
director may hire temporary investigators to meet those staffing
requirements. No full-time or part-time employee of the Office of
Citizen Complaints shall have previously served as a uniformed member
of the police department. The Director of the Office of Citizen
Complaints may appoint part-time hearing officers.
   (c) Complaints of police misconduct or allegations that a member
of the police department has not properly performed a duty shall be
promptly, fairly, and impartially investigated by staff of the Office
of Citizen Complaints. The Office of Citizen Complaints shall
investigate all complaints of police misconduct or allegations that a
member of the police department has not properly performed a duty,
except those complaints which on their face clearly indicate that the
acts complained of were proper, and except those complaints lodged
by members of the police department. The Office of Citizen Complaints
shall use its best efforts to conclude investigations of those
complaints and, if sustained, transmit the sustained complaint to the
police department within nine months of receipt thereof by the
Office of Citizen Complaints. If the Office of Citizen Complaints is
unable to conclude its investigation within the nine-month period,
the Director of the Office of Citizen Complaints, within the
nine-month period, shall inform the chief of the police department of
the reasons therefor and transmit information and evidence from the
investigation to facilitate the chief's timely consideration of the
matter. The Office of Citizen Complaints shall recommend disciplinary
action to the chief of police on those complaints that are
sustained. The Director of the Office of Citizen Complaints, after
meeting and conferring with the chief of police or his or her
designee, may verify and file charges with the board against members
of the police department arising out of sustained complaints,
provided that the director may not verify and file those charges for
a period of 60 days following the transmittal of the sustained
complaint to the police department, unless the director issues a
written determination that the limitations period within which the
member or members may be disciplined may expire within that 60-day
period and either (1) the chief of police fails or refuses to file
charges with the board arising out of the sustained complaint, (2)
the chief of police or his or her designee fails or refuses to meet
and confer with the director on the matter, or (3) other exigent
circumstances necessitate that the director verify and file charges
to preserve the ability of the board to impose punishment. The
Director of the Office of Citizen Complaints shall schedule a hearing
before a hearing officer when a hearing is requested by the
complainant or a member of the department and when, in accordance
with rules of the office, the hearing will facilitate the factfinding
process.
   (d) Nothing in this section shall prohibit the chief of police or
a commanding officer from investigating the conduct of a member of
the department under his or her command, or taking disciplinary or
corrective action when it is warranted.
   (e) The Office of Citizen Complaints shall prepare, in accordance
with rules of the office, monthly summaries of the complaints
received and shall prepare recommendations quarterly concerning
policies or practices of the police department that could be changed
or amended to avoid unnecessary tension with the public or a
definable segment of the public while ensuring effective police
services. The Office of Citizen Complaints shall prepare a report for
the board each quarter. This report shall include, but not be
limited to, the number and type of complaints filed, the outcome of
the complaints, and a review of the disciplinary action taken.
   (f) In carrying out its objectives, the Office of Citizen
Complaints shall receive prompt and full cooperation and assistance
from all departments, officers, and employees of the district, which
shall promptly produce all records requested by the Office of Citizen
Complaints, except for records the disclosure of which to the Office
of Citizen Complaints is prohibited by law. The director may also
request, and the chief of police shall require, the testimony or
attendance of any member of the police department to carry out the
responsibilities of the Office of Citizen Complaints.
   (g) The district shall implement this section utilizing existing
funds available to the district.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.