BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1586
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1586 (Swanson)
          As Amended  June 9, 2010
          Majority vote
           
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          |ASSEMBLY:  |67-0 |(January 25,    |SENATE: |32-0 |(June 28,      |
          |           |     |2010)           |        |     |2010)          |
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           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
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            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