BILL NUMBER: AB 1586	AMENDED
	BILL TEXT

	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, as amended, 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
  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.
   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   , 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   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  officers received from members of the public
  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  officers   personnel  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.