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
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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
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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
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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