SB 827: San Francisco Bay Area Rapid Transit District: Office of the BART Inspector General.

Existing law establishes the San Francisco Bay Area Rapid Transit District (BART), governed by a board of directors, with specified powers and duties relative to the construction and operation of a rapid transit system. Existing law also establishes the independent Office of the BART Inspector General within BART and specifies the duties and responsibilities of the BART Inspector General including, among others, conducting, supervising, and coordinating audits and investigations relating to the districts programs and operations. Existing law provides that any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to provisions of the California Public Records Act applicable to law enforcement records.

This bill would provide that the BART Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program. The bill would provide the office with access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the district and external entities that perform work for the district. The bill would provide that all books, papers, records, and correspondence of the office are public records subject to the California Public Records Act, but would prohibit the BART Inspector General office from releasing certain types of records to the public, except under certain circumstances. Before conducting any investigatory interview with an employee represented by an employee organization, the bill would require the office to notify the employee of certain rights including the right to be represented at the interview by a representative of the employee organization and would require the office to obtain a written waiver of that right of representation from the employee if the interview is conducted without a representative of the employee organization. The bill would authorize the BART Inspector General office to issue subpoenas for the attendance of subjects and witnesses and the production of records, files, documents, accounts, reports, correspondence, or other property, or for the making of oral or written sworn statements, in any interview conducted as part of an audit, investigation, or review. review relating to improper activities by a person or entity other than an employee of the district, as specified.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.