BILL ANALYSIS AB 1586 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1586 (Swanson) As Amended June 9, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |67-0 |(January 25, |SENATE: |32-0 |(June 28, | | | |2010) | | |2010) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Authorizes the San Francisco Bay Area Rapid Transit (BART) Board of Directors to establish an office of police auditor. Specifically, this bill : 1)Allows the BART Board to establish an office of the "independent police auditor", reporting directly to the Board, to investigate complaints filed by members of the public against district police officers. 2)Specifies that the "independent police auditor" shall have the following powers and duties: a) Allows the auditor 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 BART Board; b) Gives the auditor the right to reach independent findings as to the validity of each complaint; and, c) Allows the auditor to recommend appropriate disciplinary action against district police officers for those citizen complaints determined to be sustained. 3)States that the BART Board shall organize, reorganize, and manage the office of the auditor. Notwithstanding the authority granted the general manager in this part, the BART Board may, by resolution, authorize a citizen review board to participate in recommending appropriate disciplinary action, if any, within the auditor's authority. 4)Mandates that the auditor shall prepare, in accordance with AB 1586 Page 2 the rules of the office, reports of his or her activities as permitted by law. The Senate amendments specify that the independent police auditor shall have the authority to investigate complaints against officers for off-duty conduct. AS PASSED BY THE ASSEMBLY, this bill authorizes the BART Board of Directors to establish an office of police auditor. Specifically, this bill was substantially similar to the version passed by the Senate with the only change being the Senate amendments (see above). 1)Allowed the BART Board to establish an office of the "independent police auditor", reporting directly to the Board, to investigate complaints filed by members of the public against district police officers. 2)Specified that the "independent police auditor" shall have the following powers and duties: a) Allows the auditor 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 BART Board. b) Gives the auditor the right to reach independent findings as to the validity of each complaint. c) Allows the auditor to recommend appropriate disciplinary action against district police officers for those citizen complaints determined to be sustained. 3)Stated that the BART Board shall organize, reorganize, and manage the office of the auditor. Notwithstanding the authority granted the general manager in this part, the BART Board may, by resolution, authorize a citizen review board to participate in recommending appropriate disciplinary action, if any, within the auditor's authority. 4)Mandated that the auditor shall prepare, in accordance with the rules of the office, reports of his or her activities as permitted by law. AB 1586 Page 3 EXISTING LAW : 1)Establishes the Public Safety Officers Procedural Bill of Rights. 2)States that the Legislature hereby finds and declares that the rights and protections provided to peace officers under this the Peace Officer Procedural Bill of Rights constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. 3)States that when any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment: a) Specifies that the interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed. b) States that the public safety officer under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all AB 1586 Page 4 other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time. c) Provides that the public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation. d) States that the interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities. FISCAL EFFECT : None COMMENTS : According to the author, "AB 1586 will establish an Office of Independent Police Auditor, reporting directly to the Board, to investigate complaints filed by members of the public against BART Police officers. The Auditor will have the authority to investigate complaints or allegations of on-duty misconduct by BART District Police officers. The Auditor will also have the authority to reach independent findings as to the validity of each complaint, and to recommend appropriate disciplinary action against police officers for confirmed citizen complaints." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0004879