BILL NUMBER: AB 1586	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        SEPTEMBER 2, 2009

   An act to add Section 28767.8 to the Public Utilities Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1586, as introduced, Swanson. San Francisco Bay Area Rapid
Transit District.
   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 the operation of a
rail transit system. Existing law authorizes the district to maintain
a police department.
   This bill would authorize the BART board of directors to establish
an office of independent police auditor that would report directly
to the board and investigate complaints filed by members of the
public against district police officers relative to on-duty
misconduct, as specified. If the board establishes an office of
independent police auditor, the bill would require the board to
organize, reorganize, and manage the office and would require the
auditor to prepare reports of his or her activities.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  This act shall be known, and may be cited as, the Bart
Public Safety Accountability Act.
  SEC. 2.  Section 28767.8 is added to the Public Utilities Code, to
read:
   28767.8.  (a) The board may establish an office of independent
police auditor, reporting directly to the board, to investigate
complaints filed by members of the public against district police
officers.
   (b) The independent police auditor shall have the following powers
and duties:
   (1) To investigate those complaints or allegations of on-duty
misconduct by district police officers received from members of the
public, within the independent police auditor's purview as it is set
by the board.
   (2) To reach independent findings as to the validity of each
complaint.
   (3) To recommend appropriate disciplinary action against district
police officers for those citizen complaints determined to be
sustained.
   (c) The board shall organize, reorganize, and manage the office of
the independent police auditor. Notwithstanding the authority
granted the general manager in this part, the board may, by
resolution, authorize a citizen review board to participate in
recommending appropriate disciplinary action, if any, within the
independent police auditor's authority.
   (d) The independent police auditor shall prepare, in accordance
with the rules of the office, reports of his or her activities as
permitted by law.