BILL NUMBER: AB 1586	CHAPTERED
	BILL TEXT

	CHAPTER  78
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JUNE 28, 2010
	PASSED THE ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  JUNE 9, 2010

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, 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 against district police
personnel relative to on-duty misconduct and off-duty unlawful
activity, 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.


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 against district police personnel.
   (b) The appointed independent police auditor shall have the
following powers and duties:
   (1) To investigate those complaints or allegations of on-duty
misconduct and off-duty unlawful activity by district police
personnel, 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 personnel for those 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.
   (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.