Existing law creates the Sonoma-Marin Area Rail Transit District, within the Counties of Sonoma and Marin, governed by a 12-member board of directors. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district. Existing law requires the board to appoint a general manager for the district and authorizes the general manager to, among other things, appoint, supervise, suspend, or remove district officers, other than members of the board and officers appointed by the board.

This bill would authorize the board to establish the position of chief of police, subject to specified requirements. If the board determines that more than one peace officer is needed, the bill would require the board to contract with law enforcement agencies located within the County of Marin or the County of Sonoma for the additional law enforcement services of one or more peace officers.

Existing law creates the Sonoma-Marin Area Rail Transit District, within the Counties of Sonoma and Marin, governed by a 12-member board of directors. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district. Existing law requires the board to appoint a general manager for the district and authorizes the general manager to, among other things, appoint, supervise, suspend, or remove district officers, other than members of the board and officers appointed by the board.

This bill would authorize the board to establish the position of chief of police, subject to specified requirements. If the board determines that more than one peace officer is needed, the bill would require the board to contract with law enforcement agencies located within the County of Marin or the County of Sonoma for the additional law enforcement services of one or more peace officers.

Existing law creates the Sonoma-Marin Area Rail Transit District, within the Counties of Sonoma and Marin, governed by a 12-member board of directors. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district. Existing law requires the board to appoint a general manager for the district and authorizes the general manager to, among other things, appoint, supervise, suspend, or remove district officers, other than members of the board and officers appointed by the board.

This bill would authorize the board to establish the position of chief of police, subject to specified requirements. If the board determines that more than one peace officer is needed, the bill would authorize require the board to contract for any additional law enforcement services from with law enforcement agencies located within the County of Marin or the County of Sonoma. Sonoma for the additional law enforcement services of one or more peace officers.

Existing law creates the Sonoma-Marin Area Rail Transit District, within the Counties of Sonoma and Marin, governed by a 12-member board of directors. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district. Existing law requires the board to appoint a general manager for the district and authorizes the general manager to, among other things, appoint, supervise, suspend, or remove district officers, other than members of the board and officers appointed by the board.

This bill would authorize the board to establish the position of chief of police, subject to specified requirements. If the board determines that more officers are than one officer is needed, the bill would authorize the board to contract with for any additional law enforcement services from law enforcement agencies located within the County of Marin or the County of Sonoma, or both, for those law enforcement services. The bill would require the chief of police to comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training. The bill would require the board to equip every contract officer with an on-body camera or similar video body camera technology while that officer is on active duty in the district. Sonoma.

Existing law creates the Sonoma-Marin Area Rail Transit District, within the Counties of Sonoma and Marin, governed by a 12-member board of directors. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district. Existing law requires the board to appoint a general manager for the district and authorizes the general manager to, among other things, appoint, supervise, suspend, or remove district officers, other than members of the board and officers appointed by the board.

This bill would authorize the board to establish the position of chief of police, subject to specified requirements. If the board determines that more officers are needed, the bill would authorize the board to contract with the County of Marin or the County of Sonoma, or both, for those law enforcement services. The bill would require the chief of police to comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training. The bill would require the board to equip every contract officer with an on-body camera or similar video body camera technology while that officer is on active duty in the district.

 UNFINISHED BUSINESS  

Bill No: SB 626

Author: McGuire (D), et al.

Amended: 8/20/15

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/12/15

AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

SENATE FLOOR: 36-0, 5/18/15

AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Berryhill, Hall, Pavley

ASSEMBLY FLOOR: 78-0, 8/27/15 - See last page for vote

SUBJECT: Sonoma-Marin Area Rail Transit District: police force

SOURCE: Sonoma-Marin Rail Transit District

DIGEST: This bill authorizes the Sonoma-Marin Area Rail Transit (SMART) District to establish the position of chief of police.

Assembly Amendments clarify that SMART shall contract with law enforcement agencies located within Marin or Sonoma Counties for services requiring duly sworn peace officers, but not necessarily for services requiring other types of officers.

ANALYSIS:

Existing law establishes the SMART District for the purpose of providing a unified, comprehensive institutional structure for the ownership and governance of a passenger rail system within the counties of Sonoma and Marin. SMART will provide rail service along 70 miles of the historic Northwestern Pacific Railroad alignment, serving 14 stations from Cloverdale in Sonoma County to the San Francisco-bound ferry terminal in Larkspur, Marin County. SMART began construction on the system in May 2012, and plans to begin revenue service in 2016.

This bill:

1. Authorizes the SMART board to establish the position of chief of police.

2. Specifies that the police chief will be a duly sworn police officer and must comply with the standards for recruitment and training of peace officers established in existing law.

3. Specifies that, should the SMART board determine that more than one duly sworn peace officer is needed, it shall contract for those services with law enforcement agencies within Marin and/or Sonoma counties.

Comments

1. Purpose. The author contends that, without a sworn police officer on staff, law enforcement agencies will not share sensitive information with SMART. Without this information, SMART becomes vulnerable and unable to respond to sensitive information pertaining to service disruption, acts of vandalism, and violence. The author suggests that this bill solves this problem; with a sworn police chief, SMART will be able to access sensitive information from other law enforcement agencies.

2. Transit operator police forces. Very few transit operators in California have legislative authority to establish their own police forces. In fact, of the roughly 250 entities statewide that are eligible to receive state transit funding, only four transit operators are statutorily allowed to maintain their own police department. All other transit service providers contract with local law enforcement or private entities to provide their security needs.

Some operators cite the increased costs of in-house peace officers, including the higher benefit and retirement costs of these types of employees, as the reason they contract for security services. Others point to the high risk involved with managing a police force authorized to use deadly force, suggesting that recent incidents some transit operators have experienced demonstrate the problems that can arise with an in-house police force. Finally, some suggest that an organization dedicated to providing transit service is ill-equipped to, at the same time, manage a police force, and would therefore appreciate the benefits of contracting out for such services.

This bill does not propose to authorize the SMART board to establish a police force, but instead grants authority to only hire one sworn police officer and to contract for any additional law enforcement services deemed necessary. While a sworn police chief would be eligible under existing law to review sensitive law enforcement information, as the author suggests, it is unclear whether this would assure timely access to this information, nor whether the increased cost of a sworn officer on staff is worth this access.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/27/15)

Sonoma-Marin Rail Transit District (source)

Central Marin Police Authority

Marin County Sheriff’s Office

Novato Police Department

San Rafael Police Department

Sonoma County Sheriff’s Office

OPPOSITION: (Verified 8/27/15)

None received

ASSEMBLY FLOOR: 78-0, 8/27/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Atkins

NO VOTE RECORDED: Frazier, Wood

Prepared by: Eric Thronson / T. & H. / (916) 651-4121

8/28/15 14:28:08

**** END ****

SENATE THIRD READING

STR Bill Id:SB 626

Author:(McGuire)

As Amended Ver:August 20, 2015

Majority vote

SENATE VOTE: 36-0

SUMMARY: Authorizes the Sonoma-Marin Area Rail Transit District (SMART) to hire a sworn peace officer and, if additional officers are needed, to contract with law enforcement agencies located within Marin or Sonoma County. Specifically, this bill:

1. Authorizes SMART to establish the position of Chief of Police.

2. Requires that the chief of police, appointed by SMART's Board of Directors, be a sworn peace officer who meets specified requirements.

3. Authorizes SMART to contract for additional law enforcement services from law enforcement agencies within Sonoma and Marin Counties if additional officers are needed.

EXISTING LAW established the SMART District with a 12 member board of directors with power to, among other things, own, operate, manage, and maintain a passenger rail system within the territory of the district.

FISCAL EFFECT: None

COMMENTS: SMART, is a voter-approved passenger rail and bicycle-pedestrian pathway project located in Marin and Sonoma Counties authorized by AB 2224 (Nation), Chapter 341, Statutes of 2002. At full build out, the SMART system will serve a 70-mile corridor from Larkspur to Cloverdale. The first phase of the project extending from San Rafael to Santa Rosa is currently under construction and is expected to be operational in 2016.

According to the author, AB 2224 neglected to provide SMART's Board of Directors with the authority to hire a sworn law enforcement officer as its Chief of Police. SMART contends that this position is necessary to provide a safe, secure system for SMART passengers. They argue that the having a sworn law enforcement officer on staff will give them direct and equal participation in public safety-related incidents and/or investigations that take place on or involve their right-of-way. This access to sensitive information, which they claim is afforded more readily to law enforcement officers, would make it easier for SMART to anticipate potential problems and take precautionary measures to protect passengers and improve service. Examples of the types of information the SMART Chief of Police would obtain include information pertaining to service disruptions, acts of vandalism, and violence.

To date, there are approximately 250 entities statewide that are eligible to receive state transit funding and, of these, only four are statutorily allowed to maintain their own police force. Others contract with local law enforcement or use private entities to meet system security needs. This bill provides SMART with somewhat of a "hybrid authority" in that SMART would be authorized to hire a single law enforcement officer but needs for law enforcement officers over and above that single position would be contracted (from local law enforcement entities).

Transportation Committee staff concerns: The committee has been unable to substantiate the arguments SMART uses to justify the need for this bill. For example, SMART makes the argument that without a sworn officer on staff they will be unable to obtain sensitive crime scene information from whatever law enforcement agency is working within SMART's right-of-way. SMART asserts that this "sensitive" information is only provided to other sworn law enforcement officers. Non-law enforcement personnel, SMART argues, would only be able to obtain generic information which would be of little value in providing a safe and secure environment for passengers. Unfortunately, law enforcement agencies contacted by the committee indicated that information is not withheld from transit agencies. Further, the committee was not able to substantiate that other transit agencies without sworn officers on staff have experienced the problems SMART foresees.

SMART also asserts that an in-house police officer is necessary to successfully negotiate contracts for outside law enforcement. Again, however, there is ample evidence that other transit agencies have been able to successfully contract for outside law enforcement and no evidence that the lack of an in-house law enforcement has been a problem.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0001317

SENATE THIRD READING

STR Bill Id:SB 626

Author:(McGuire)

As Amended Ver:April 16, 2015

Majority vote

SENATE VOTE: 36-0

SUMMARY: Authorizes the Sonoma-Marin Area Rail Transit District (SMART) to hire a sworn peace officer and, if additional officers are needed, to contract with law enforcement agencies located within Marin or Sonoma County. Specifically, this bill:

1. Authorizes SMART to establish the position of chief of police.

2. Requires that the chief of police, appointed by SMART's Board of Directors, be a sworn peace officer who meets specified requirements.

3. Authorizes SMART to contract for additional law enforcement services from law enforcement agencies within Sonoma and Marin Counties if additional officers are needed.

EXISTING LAW established the SMART District with a 12-member board of directors with power to, among other things, own, operate, manage, and maintain a passenger rail system within the territory of the district.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: SMART, is a voter-approved passenger rail and bicycle-pedestrian pathway project located in Marin and Sonoma Counties authorized by AB 2224 (Nation), Chapter 341, Statutes of 2002. At full build out, the SMART system will serve a 70-mile corridor from Larkspur to Cloverdale. The first phase of the project extending from San Rafael to Santa Rosa is currently under construction and is expected to be operational in 2016.

According to the author, AB 2224 neglected to provide SMART's Board of Directors with the authority to hire a sworn law enforcement officer as its Chief of Police. SMART contends that this position is necessary to provide a safe, secure system for SMART passengers. They argue that the having a sworn law enforcement officer on staff will give them direct and equal participation in public safety-related incidents and/or investigations that take place on or involve their right-of-way. This access to sensitive information, which they claim is afforded more readily to law enforcement officers, would make it easier for SMART to anticipate potential problems and take precautionary measures to protect passengers and improve service. Examples of the types of information the SMART Chief of Police would obtain include information pertaining to service disruptions, acts of vandalism, and violence.

To date, there are approximately 250 entities statewide that are eligible to receive state transit funding and, of these, only four are statutorily allowed to maintain their own police force. Others contract with local law enforcement or use private entities to meet system security needs. This bill provides SMART with somewhat of a "hybrid authority" in that SMART would be authorized to hire a single law enforcement officer but needs for law enforcement officers over and above that single position would be contracted (from local law enforcement entities).

Committee concerns: The Assembly Transportation Committee has been unable to substantiate the arguments SMART uses to justify the need for this bill. For example, SMART makes the argument that without a sworn officer on staff they will be unable to obtain sensitive crime scene information from whatever law enforcement agency is working within SMART's right-of-way. SMART asserts that this "sensitive" information is only provided to other sworn law enforcement officers. Non-law enforcement personnel, SMART argues, would only be able to obtain generic information which would be of little value in providing a safe and secure environment for passengers. Unfortunately, law enforcement agencies contacted by the committee indicated that information is not withheld from transit agencies. Further, the committee was not able to substantiate that other transit agencies without sworn officers on staff have experienced the problems SMART foresees.

SMART also asserts that an in-house police officer is necessary to successfully negotiate contracts for outside law enforcement. Again, however, there is ample evidence that other transit agencies have been able to successfully contract for outside law enforcement and no evidence that the lack of an in-house law enforcement has been a problem.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0001338

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

SBPCA Bill Id:SB 626

Author:(McGuire) – As Amended Ver:April 16, 2015

SENATE VOTE: 36-0

SUBJECT: Sonoma-Marin Area Rail Transit District: police force.

SUMMARY: Authorizes the Sonoma-Marin Area Rail Transit District's board of directors to establish the position of chief of police and to contract for additional law enforcement services. Specifically, this bill:

1. Authorizes the Sonoma-Marin Area Rail Transit District's (SMART) board of directors (Board) to establish the position of chief of police.

2. Requires the chief of police, appointed by the Board, to be a duly sworn peace officer and to meet the current requirements of the Commission on Peace Officer Standards and Training, pursuant to existing law.

3. Authorizes the Board to contract for any additional law enforcement services, if the Board determines that more than one officer is needed, from law enforcement agencies located within Marin County or Sonoma County.

EXISTING LAW:

1. Establishes the Sonoma-Marin Area Rail Transit District Act (Act), which governs the formation, board, powers and duties, financing authority, and boundary changes for SMART.

2. Authorizes the Board to appoint, by ordinance, a general manager, secretary, chief engineer, legal counsel, controller, auditor, treasurer, and other officers, assistants, and deputies, as the Board may deem necessary.

3. Grants powers to the Board to do the following:

1. Own, operate, manage, and maintain a passenger rail system within SMART's territory;

2. Determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, for SMART to acquire and construct, the manner of operation, and the funding of the facilities;

3. Adopt an annual budget that provides for the compensation of officers and employees;

4. Fix rates, rental, charges, and classifications of rail transit service operated by SMART;

5. Adopt an administrative code that prescribes the powers and duties of district officers, the method of appointment of district employees, and the methods, procedures, and systems for the operation and management of SMART; and,

6. Adopt rules and regulations governing the use of facilities owned or operated by SMART and for the administration of employer-employee relations.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill authorizes SMART's Board to establish the position of chief of police, and to appoint a chief of police that must be a duly sworn peace officer and who meets the current requirements of the Commission on Peace Officer Standards and Training. Under this bill, if SMART's Board determines that more than one officer is needed, the Board may contract for any additional law enforcement services from law enforcement agencies located within Marin or Sonoma County.

This bill is sponsored by SMART.

2. SMART. AB 2224 (Nation), Chapter 341, Statutes of 2002, created SMART and established the powers, duties, formation, governance, organization, maintenance, operation, and potential dissolution process for the district. SMART was established to provide an institutional structure for the ownership and governance of a passenger rail system within Sonoma and Marin Counties. The 12-member Board is comprised of locally elected officials, as specified in the Act. SMART will provide rail service along 70 miles of the historic Northwestern Pacific Railroad alignment, serving 14 stations from Cloverdale in Sonoma County to the San Francisco-bound ferry terminal in Larkspur, Marin County. SMART began construction on the system in May 2012, and plans to begin revenue service in 2016.

The Legislature has granted the Bay Area Rapid Transit District, the North County Transit District, the San Diego Municipal Transit System, and the Southern California Rapid Transit District the ability to establish and maintain a police force. However, the majority of transit providers contract with local law enforcement or private entities for security needs. Proponents of this bill argue that the 'hybrid approach', to have a chief of police, but contract out for additional law enforcement services, will grant flexibility for SMART's Board to determine what future needs will be once revenue service begins.

3. Author's Statement. According to the author, "AB 2224 did not provide SMART's Board the authority to create and maintain a chief of police. Having a sworn chief of police would provide SMART the framework to provide safety and security for train riders, employees, property, buildings and infrastructure. In addition to providing support in protecting our passengers, having one employee at SMART as a sworn officer, would allow for unfiltered information sharing between the thirteen local law enforcement agencies, state and local jurisdictions and the SMART Chief of Police.

"Currently law enforcement agencies are prohibited by Government Code [Section] 6254 to release specific law enforcement sensitive information to the general public (SMART). Access to law enforcement information between our safety partners will allow for the SMART Chief of Police to make decisions weighing the needs to our riders with accurate information pertaining to safety and security concerns. With SMART being under federal regulations, SMART reports to Department of Homeland Security (Transportation Security Administration) on transportation safety needs and works in conjunction with the Federal Bureau of Investigations on security and terrorism related concerns."

4. Arguments in Support. SMART argues that this bill "would authorize SMART to create the position of chief of police. This will allow SMART to equally participate in any public safety or criminal activity involving SMART's right-of-way. SB 626 reiterates SMART's intent to not create its own police force by specifying that the District may contract with local law enforcement agencies if additional law enforcement services are needed. The creation of the chief of police position also establishes the most cost effective means for SMART to provide the most appropriate level of public safety service."

5. Arguments in Opposition. Legal Services for Prisoners with Children argue that this bill "is both unnecessary and dangerous to public safety. By authorizing the creation of an in-house police force, SB 626 would bring guns into the SMART system. In general, criminal justice problems that arise on public transportation involve fare evasion, petty theft, and occasional auto theft – nonviolent crimes which clearly do not require guns to address. Moreover, the recent history of BART police in the Bay Area – including the 2009 killing of unarmed Oscar Grant at Fruitvale State – suggests that staffing transit security with officers who may carry guns adds to, rather than diminishes, the dangers facing riders."

6. Double-Referral. This bill was heard by the Transportation Committee on June 22, 2015, where it passed with a 16-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

Sonoma-Marin Rail Transit District [SPONSOR]

Central Marin Police Authority

Marin County Sheriff's Office

Novato Police Department

San Rafael Police Department

Sheriff-Coroner Steve Freitas, Sonoma County

Opposition

Legal Services for Prisoners with Children

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

Date of Hearing: June 22, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 626

Author:(McGuire) – As Amended Ver:April 16, 2015

SENATE VOTE: 36-0

SUBJECT: Sonoma-Marin Area Rail Transit District: police force

SUMMARY: Authorizes the Sonoma-Marin Area Rail Transit District (SMART) to hire a sworn peace officer and, if additional officers are needed, to contract with law enforcement agencies located within Marin or Sonoma County. Specifically, this bill:

1. Authorizes SMART to establish the position of chief of police.

2. Requires that the chief of police, appointed by SMART's Board of Directors, be a sworn peace officer who meets specified requirements.

3. Authorizes SMART to contract for additional law enforcement services from law enforcement agencies within Sonoma and Marin Counties if additional officers are needed.

EXISTING LAW established the SMART District with a 12 member board of directors with power to, among other things, own, operate, manage, and maintain a passenger rail system within the territory of the district.

FISCAL EFFECT: Unknown

COMMENTS: SMART, is a voter-approved passenger rail and bicycle-pedestrian pathway project located in Marin and Sonoma Counties authorized by AB 2224 (Nation), Chapter 341, Statutes of 2002. At full build out, the SMART system will serve a 70-mile corridor from Larkspur to Cloverdale. The first phase of the project extending from San Rafael to Santa Rosa is currently under construction and is expected to be operational in 2016.

According to the author, AB 2224 neglected to provide SMART's Board of Directors with the authority to hire a sworn law enforcement officer as its Chief of Police. SMART contends that this position is necessary to provide a safe, secure system for SMART passengers. They argue that the having a sworn law enforcement officer on staff will give them direct and equal participation in public safety-related incidents and/or investigations that take place on or involve their right-of-way. This access to sensitive information, which they claim is afforded more readily to law enforcement officers, would make it easier for SMART to anticipate potential problems and take precautionary measures to protect passengers and improve service. Examples of the types of information the SMART Chief of Police would obtain include information pertaining to service disruptions, acts of vandalism, and violence.

To date, there are approximately 250 entities statewide that are eligible to receive state transit funding and, of these, only four are statutorily allowed to maintain their own police force. Others contract with local law enforcement or use private entities to meet system security needs. SB 626 provides SMART with somewhat of a "hybrid authority" in that SMART would be authorized to hire a single law enforcement officer but needs for law enforcement officers over and above that single position would be contracted (from local law enforcement entities).

Committee concerns: The committee has been unable to substantiate the arguments SMART uses to justify the need for the bill.  For example, SMART makes the argument that without a sworn officer on staff they will be unable to obtain sensitive crime scene information from whatever law enforcement agency is working within SMART’s right-of-way.  SMART asserts that this “sensitive” information is only provided to other sworn law enforcement officers.  Non-law enforcement personnel, SMART argues, would only be able to obtain generic information which would be of little value in providing a safe and secure environment for passengers. Unfortunately, law enforcement agencies contacted by the committee indicated that information is not withheld from transit agencies.  Further, the committee was not able to substantiate that other transit agencies without sworn officers on staff have experienced the problems SMART foresees.

SMART also asserts that an in-house police officer is necessary to successfully negotiate contracts for outside law enforcement.  Again, however, there is ample evidence that other transit agencies have been able to successfully contract for outside law enforcement and not evidence that the lack of an in-house law enforcement has been a problem.”

Double Referral: This bill will be referred to the Assembly Local Government Committee should it pass out of this committee.

Previous legislation: AB 2224 (Nation), Chapter 342, Statutes of 2002, established the SMART District.

REGISTERED SUPPORT / OPPOSITION:

Support

Sonoma-Marin Area Rail Transit District (Sponsor)

Central Marin Police Authority

Marin County Sheriff’s Office

Novato Police Department

San Rafael Police Department

Sonoma County Sherriff's Office

Transportation Authority of Marin

Opposition

None on file

Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 626

Author: McGuire (D), et. al.

Amended: 4/16/15

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/12/15

AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

SUBJECT: Sonoma-Marin Area Rail Transit District: police force

SOURCE: Author

DIGEST: This bill authorizes the Sonoma-Marin Area Rail Transit (SMART) District to establish the position of chief of police.

ANALYSIS:

Existing law establishes the SMART District for the purpose of providing a unified, comprehensive institutional structure for the ownership and governance of a passenger rail system within the counties of Sonoma and Marin. SMART will provide rail service along 70 miles of the historic Northwestern Pacific Railroad alignment, serving 14 stations from Cloverdale in Sonoma County to the San Francisco-bound ferry terminal in Larkspur, Marin County. SMART began construction on the system in May 2012, and plans to begin revenue service in 2016.

This bill:

1. Authorizes the SMART board to establish the position of chief of police.

2. Specifies that the police chief will be a duly sworn police officer and must meet the standards for recruitment and training of peace officers established in existing law.

3. Specifies that, should the SMART board determine that more than one officer is needed, it may contract for those services with any law enforcement agencies located within Marin and/or Sonoma counties.

Comments

Purpose. The author contends that, without a sworn police officer on staff, law enforcement agencies will not share sensitive information with SMART. Without this information, SMART becomes vulnerable and unable to respond to sensitive information pertaining to service disruption, acts of vandalism, and violence. The author suggests that this bill solves this problem; with a sworn police chief, SMART will be able to access sensitive information from other law enforcement agencies.

Transit operator police forces. Very few transit operators in California have legislative authority to establish their own police forces. In fact, of the roughly 250 entities statewide that are eligible to receive state transit funding, only four transit operators are statutorily allowed to maintain their own police department. All other transit service providers contract with local law enforcement or private entities to provide their security needs.

Some operators cite the increased costs of in-house peace officers, including the higher benefit and retirement costs of these types of employees, as the reason they contract for security services. Others point to the high risk involved with managing a police force authorized to use deadly force, suggesting that recent incidents some transit operators have experienced demonstrate the problems that can arise with an in-house police force. Finally, some suggest that an organization dedicated to providing transit service is ill-equipped to, at the same time, manage a police force and would therefore appreciate the benefits of contracting out for such services.

This bill does not propose to authorize the SMART board to establish a police force, but instead grants authority to only hire one sworn police officer and to contract for any additional law enforcement services deemed necessary. While a sworn police chief would be eligible under existing law to review sensitive law enforcement information, as the author suggests, it is unclear whether this would assure timely access to this information, nor whether the increased cost of a sworn officer on staff is worth this access.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 5/14/15)

Sonoma-Marin Rail Transit District

Central Marin Police Authority

Marin County Sheriff’s Office

Novato Police Department

San Rafael Police Department

Sonoma County Sheriff’s Office

OPPOSITION: (Verified 5/14/15)

None received

Prepared by: Eric Thronson / T. & H. / (916) 651-4121

5/15/15 15:29:08

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: SB 626 Hearing Date: May 12, 2015

Subject: Sonoma-Marin Area Rail Transit District: Police Force

HISTORY

Source: Sonoma-Marin Area Rail Transit District

Prior Legislation: AB 2224 (Nation) – Ch.341, Statutes of 2002

Support: Sonoma County Sheriff Steve Freitas; Marin County Sheriff Robert Doyle;

Novato Police Chief James Berg; San Rafael Police Chief Diana Bishop;

Central Marin Police Authority Chief Todd Cusimano

Opposition: None known

PURPOSE

The purpose of this legislation is to authorize the Sonoma-Marin Area Rail Transit District to establish the position of chief of police.

Existing law establishes the Sonoma-Marin Area Rail Transit (SMART) District Act. (Public Utilities Code § 105000.)

Under existing law the government of the district shall be vested in a board of directors, which consists of 12 members. (Public Utilities Code § 105020.)

Under existing law the board has the power to:

• Own, operate, manage, and maintain a passenger rail system within the territory of the district.

• Determine the rail transit facilities, including ancillary bicycle and pedestrian pathways, to be acquired and constructed by the district, the manner of operation, and the means to finance them.

• Adopt an annual budget for the district that provides for the compensation of its officers and employees.

• Fix rates, rentals, charges, and classifications of rail transit service operated by the district.

• Adopt an administrative code that prescribes the powers and duties of district officers, the method of appointment of district employees, and the methods, procedures, and systems for the operation and management of the district.

• Adopt rules and regulations governing the use of rail transit facilities owned or operated by the district.

• Cause a post audit of the financial transactions and records of the district to be made at least annually by a certified public accountant.

• Adopt rules and regulations providing for the administration of employer-employee relations.

• Do any and all things necessary to carry out the purposes of this part.
  
  

(Public Utilities Code § 105032.)

Existing law lists are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, as specified. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. (Penal Code § 830.33.)

This legislation authorizes the SMART board to establish the position of chief of police.

This legislation specifies that the police chief will be a duly sworn police officer and must comply with the standards for recruitment and training of peace officers established in existing law.

This legislation specifies that, should the SMART board determine that more than one officer is needed, it may contract for those services with Marin and/or Sonoma counties.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Legislation

According to the author:

Assembly Bill 2224 did not provide the SMART Board of Directors the authority to create and maintain a chief of police. Having a sworn chief of police would provide SMART the framework to provide safety and security for train riders, employees, property, buildings and infrastructure. In addition to providing support in protecting our passengers, having one employee at SMART as a sworn officer, it would allow for unfiltered information sharing between the thirteen local law enforcement agencies, state and local jurisdictions and the SMART Chief of Police. Currently law enforcement agencies are prohibited by Government Code 6254 to release specific law enforcement sensitive information to the general public (SMART). Access to law enforcement information between our safety partners will allow for the SMART Chief of Police to make decisions weighing the needs to our riders with accurate information pertaining to safety and security concerns. With SMART being under federal regulations, SMART reports to Department of Homeland Security (Transportation Security Administration) on transportation safety needs and works in conjunction with the Federal Bureau of Investigations on security and terrorism related concerns.

This bill is needed because:

a. Train service is scheduled to start in 2016.

b. Without a sworn police chief, sharing sensitive law enforcement intelligence and cases between SMART and other law agencies will diminish if not cease. Without this information, SMART becomes vulnerable and unable to respond to sensitive information pertaining to service disruption, acts of vandalism and violence. SMART would be unable to legally receive information on patients, injuries, suspects or other vital information during an investigation.

c. Rail has been designated by federal law enforcement agencies as potential targets because of its open architecture and easy access points.

d. SMART will be connecting two major existing means of transportation; the Sonoma County Airport and the Golden Gate Ferry which is direct access for commuters and tourists from San Francisco.

e. SMART Chief of Police needs timely, accurate, unfiltered information during incidents along SMART’s right of way to make safety related decisions for its passengers and employees.

f. This proposal can have cost savings for SMART because it allows them to better plan for their needs without immediately relying on contracted services from local law enforcement agencies.

2. Effect of This Legislation

There are approximately 250 entities statewide that are eligible to receive state transit funding only four transit operators are statutorily allowed to maintain their own police department. All other transit service providers, including SMART, contract with local law enforcement or private entities to provide their security needs.

The author contends that, without a sworn police officer on staff, law enforcement agencies will not share sensitive information with SMART. Without this information, SMART becomes vulnerable and unable to respond to sensitive information pertaining to service disruption, acts of vandalism, and violence. The author suggests that this bill solves this problem because, with a sworn police chief, SMART will be able to access sensitive information from other law enforcement agencies.

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: SB 626 Hearing Date: 4/14/2015

SUBJECT: Sonoma-Marin Area Rail Transit District: chief of police

DIGEST: This bill authorizes the Sonoma-Marin Area Rail Transit (SMART) District to establish the position of chief of police.

ANALYSIS:

Existing law establishes the SMART District for the purpose of providing a unified, comprehensive institutional structure for the ownership and governance of a passenger rail system within the counties of Sonoma and Marin. SMART will provide rail service along 70 miles of the historic Northwestern Pacific Railroad alignment, serving 14 stations from Cloverdale in Sonoma County to the San Francisco-bound ferry terminal in Larkspur, Marin County. SMART began construction on the system in May 2012, and plans to begin revenue service in 2016.

This bill:

1. Authorizes the SMART board to establish the position of chief of police.

2. Specifies that the police chief will be a duly sworn police officer and must comply with the standards for recruitment and training of peace officers established in existing law.

3. Specifies that, should the SMART board determine that more than one officer is needed, it may contract for those services with Marin and/or Sonoma counties.

4. Requires the SMART board to equip every on-duty contract officer with an on-body camera or similar video body-camera technology.

COMMENTS:

1. Purpose. The author contends that, without a sworn police officer on staff, law enforcement agencies will not share sensitive information with SMART. Without this information, SMART becomes vulnerable and unable to respond to sensitive information pertaining to service disruption, acts of vandalism, and violence. The author suggests that this bill solves this problem; with a sworn police chief, SMART will be able to access sensitive information from other law enforcement agencies.

2. Transit operator police forces. Very few transit operators in California have legislative authority to establish their own police forces. In fact, of the roughly 250 entities statewide that are eligible to receive state transit funding, only four transit operators are statutorily allowed to maintain their own police department. All other transit service providers contract with local law enforcement or private entities to provide their security needs.

Some operators cite the increased costs of in-house peace officers, including the higher benefit and retirement costs of these types of employees, as the reason they contract for security services. Others point to the high risk involved with managing a police force authorized to use deadly force, suggesting that recent incidents some transit operators have experienced demonstrate the problems that can arise with an in-house police force. Finally, some suggest that an organization dedicated to providing transit service is ill-equipped to, at the same time, manage a police force and would therefore appreciate the benefits of contracting out for such services.

This bill does not propose to authorize the SMART board to establish a police force, but instead grants authority to only hire one sworn police officer and to contract for any additional law enforcement services deemed necessary. While a sworn police chief would be eligible under existing law to review sensitive law enforcement information, as the author suggests, it is unclear whether this would assure timely access to this information, nor whether the increased cost of a sworn officer on staff is worth this access.

3. Amendments. The author has agreed to the following amendments. While the author intends to accept these amendments to the bill in this committee, due to the short time before the bill’s next hearing in the Senate Public Safety Committee, the amendments will be taken following that hearing should it pass both committees.

• This bill allows the SMART board to contract with either the Marin County Sheriff’s office or the Sonoma County Sheriff’s office for security services. By limiting the number of law enforcement agencies with whom SMART might contract for these services, this bill might reduce the competition for this work and therefore increase the costs. In order to increase the opportunity for competition and potentially keep costs low, the committee could amend the bill to specify that SMART may contract with any law enforcement agencies located in the counties of Marin and Sonoma.

• This bill requires the SMART board to equip every contract officer with an “on-body camera.” It seems that the SMART board and its contracted security service providers should determine whether or not to equip its forces, not the Legislature. The committee could amend the bill to eliminate this requirement because it might unnecessarily increase costs for the SMART board and reduces the local government’s ability to make the best determination for its service jurisdiction.

• Legislative Counsel has proposed some cleanup language relating to the references in this bill as to what qualifies as a duly sworn police officer. Essentially, Legislative Counsel recommends removing the various references because they are superfluous and unnecessary. The committee could amend the bill to eliminate these unnecessary references.

4. Double referral. The Rules Committee has referred this bill to both this committee and the Public Safety Committee. Therefore, if the bill passes this committee, it will be referred to the Committee on Public Safety.

PRIOR LEGISLATION:

AB 2224 (Nation, 2002) established the Sonoma-Marin Area Rail Transit (SMART) District.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 8, 2015.)

SUPPORT:

Sonoma-Marin Rail Transit District (sponsor)

Central Marin Police Authority

Marin County Sheriff’s Office

Novato Police Department

San Rafael Police Department

Sonoma County Sheriff’s Office

OPPOSITION:

None received.

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