Bill Text: CA SB827 | 2023-2024 | Regular Session | Amended
Bill Title: San Francisco Bay Area Rapid Transit District: Office of the BART Inspector General.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-01-29 - In Assembly. Read first time. Held at Desk. [SB827 Detail]
Download: California-2023-SB827-Amended.html
|
Amended
IN
Senate
January 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 827
| Introduced by Senator Glazer |
February 17, 2023 |
An act to amend Section 28840 of, and to add Sections 28841.2, 28841.4, and 28841.6 28841.2 and 28841.4 to, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 827, as amended, Glazer.
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 district’s programs and operations.
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 from releasing certain types of records to the public, except under certain circumstances. The bill would also make it a crime to engage in specified activities with regard to an audit, evaluation, investigation, or review conducted pursuant to these provisions, as specified. Because the bill would create a new crime, the bill would impose a state-mandated local program.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 28840 of the Public Utilities Code is amended to read:28840.
(a) There is hereby created in the district an independent Office of the BART Inspector General to ensure that the district makes effective use of bridge toll revenue and other revenue and operates efficiently, effectively, and in compliance with applicable federal and state laws.(b) (1) The board shall nominate three persons to the Governor who shall appoint one of the three persons nominated by the board to serve as the BART Inspector General for an initial four-year term. The board shall have the option to renew the term at will. The BART Inspector General shall be removed from office by the board, subject to approval of the Governor, only if either of the following
occur:
(A) A two-thirds majority of the members of the board votes for removal.
(B) The BART Inspector General violates a federal or state law or regulation, a local ordinance, or a policy or practice of the authority relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.
(2) The reasons for removal of the BART Inspector General shall be stated in writing and shall include the basis for removal. The document stating the reasons for dismissal shall be deemed a public document and posted on the district’s
internet website.
(c) 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, including, but not limited to, those activities described in subdivision (d) of Section 28841 and Section 28841.2.
SEC. 2.
Section 28841.2 is added to the Public Utilities Code, to read:28841.2.
(a) The Office of the BART Inspector General shall have 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 Office of the BART Inspector General may enter any district office or facility and access, examine, and reproduce during regular business hours all records, files, documents, accounts, reports, vouchers, correspondence files, and all other records for any audit or investigation. Any officer or employee of the district or entity having these records or property in their possession, under their control, or otherwise having access to them, shall permit access to, and examination and reproduction thereof, upon the request of the BART Inspector General or the BART Inspector General’s authorized representative.(b) Before any interview conducted with an employee represented by an employee organization, as defined in Section 28848, who is the subject of an investigation or may be subject to discipline or other adverse consequences as a result of the investigation, the BART Inspector General shall notify the employee that they are entitled to be accompanied by a representative of the employee organization and that the employee shall have all the rights afforded to them under N.L.R.B. v. J. Weingarten, 420 U.S. 251 (1975).
SEC. 3.
Section 28841.4 is added to the Public Utilities Code, to read:28841.4.
(a) The BART Inspector General may gain access to confidential records or property that are obtained in connection with any audit, evaluation, investigation, or review conducted pursuant to Section 28841.2 unless a law specifically refers to and precludes the BART Inspector General from accessing, examining, and reproducing any record or property pursuant to Section 28841.2. Information or documents obtained in connection with any audit, evaluation, investigation, or review conducted by the BART Inspector General are subject to any limitations on release of the information or documents as may apply to an employee or officer of the district or external entity subject to this article that provided the information or documents. Providing confidential information pursuant to this section, including, but not limited to, confidential information that is subject to a privilege, shall not constitute a waiver of that privilege.(b) For purposes of this section, “confidential records or property” means records or property that may lawfully be kept confidential as a result of a statutory or common law privilege or any other law.
(c) The Office of the BART Inspector General shall not destroy any papers or memoranda used to support a completed audit sooner than three years after the audit report is released to the public. All books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the
Government Code and shall be filed at any of the regularly maintained offices of the BART Inspector General, except that none of the following items or papers of which these items are a part shall be released to the public by the BART Inspector General or the employees of the BART Inspector General:
(1) Personal papers and correspondence of any person providing assistance to the BART Inspector General when that person has requested in writing that their papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon the order of the BART Inspector General.
(2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed.
(3) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit.
(4) Any survey of public employees that the BART Inspector General determines should be kept confidential to deter retaliation if the public employees respond to the survey.
(5) Any record of an investigation, including, but not limited to, all investigative files and work product, except that the BART Inspector General, whenever the BART Inspector General determines it necessary to serve the interests of the state, may issue a public report of an investigation that has substantiated an improper governmental activity,
as defined in Section 8547.2 of the Government Code, keeping confidential the identity of the employee or employees involved. The BART Inspector General may also release any findings or evidence supporting any findings resulting from an investigation conducted pursuant to this article whenever the BART Inspector General determines it necessary to serve the interests of the state.
It is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, to do any of the following:
(a)Fail or refuse to permit the examination of, access to, or reproduction of the records, files, documents, accounts, reports, correspondence, cash drawers, or cash of their office by the BART Inspector General or in any way interfere with such examination conducted pursuant to this article.
(b)Interfere, intend to deceive or defraud, or obstruct the BART Inspector General in the performance of an audit, evaluation, investigation, or review pursuant to this article.
(c)Manipulate, correct, alter, or change records, documents, accounts, reports, or correspondence before or during any audit, evaluation, investigation, or review conducted pursuant to this article.
(d)Distribute, reproduce, release, or fail to safeguard confidential draft documents exchanged between the BART Inspector General and the entity subject to the audit, evaluation, investigation, or review conducted pursuant to this article before the release of the final report and without the BART Inspector General’s express permission.
SEC. 5.SEC. 4.
The Legislature finds and declares that Section 3 of this act, which adds Section 28841.4 to the Public Utilities Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The need for the Office of the BART Inspector General to fully examine and evaluate records, files, documents, accounts, reports, correspondence, and all other property of the San Francisco Bay Area Rapid Transit District and external entities that perform work for the district outweighs the interest in public disclosure of information obtained by the Office of the BART Inspector General in connection with its activities.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
