Code Section Group

Public Utilities Code - PUC

DIVISION 10. TRANSIT DISTRICTS [24501 - 107025]

  ( Division 10 repealed and added by Stats. 1955, Ch. 1036. )

PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757]

  ( Part 2 added by Stats. 1957, Ch. 1056. )

CHAPTER 3. Government of District [28745 - 28845]

  ( Chapter 3 added by Stats. 1957, Ch. 1056. )

ARTICLE 7. The Office of the BART Inspector General [28840 - 28845]
  ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

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 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 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 Web site.

(c) Within one year of the operative date of this article, the board shall nominate three persons to serve as the first BART Inspector General to be appointed pursuant to subdivision (b).

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)

28841.
  

The duties and responsibilities of the BART Inspector General shall include, but are not limited to, all of the following:

(a) To examine the operating practices of the district to identify fraud, waste, and opportunities for efficiencies in the administration of programs and operations.

(b) To ensure the BART administration, the board of directors, and the public are fully informed of his or her findings and recommendations.

(c) To identify opportunities to improve the data used to determine project resource allocations.

(d) To conduct, supervise, and coordinate audits and investigations relating to the district’s programs and operations, including, but not limited to, toll-funded programs.

(e) To identify best practices in the delivery of capital projects and recommend policies to enable the district to adopt these practices when practicable.

(f) To recommend policies promoting efficiency in the administration of programs and operations.

(g) To review and recommend best practices that the district should follow to maintain positive and productive relations with its employees and the collective bargaining units representing those employees.

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)

28842.
  

The Office of the BART Inspector General shall receive one million dollars ($1,000,000) from an allocation of bridge toll revenue from the Bay Area Toll Authority. In the second and subsequent years of operation of the office, the authority may increase the amount of funding allocated for this purpose to the extent funds are requested and justified by the office and can be accommodated in the authority’s budget.

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)

28843.
  

The BART Inspector General shall report at least annually to the board of directors and the Legislature with a summary of his or her findings, investigations, and audits. The summary shall be posted on the district’s Internet Web site and shall otherwise be made available to the public upon its release to the board. The summary shall include, but need not be limited to, significant problems discovered by the BART Inspector General and whether recommendations of the BART Inspector General relative to investigations and audits have been implemented by the district.

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)

28844.
  

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 subdivision (f) of Section 6254 of the Government Code.

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)

28845.
  

This article shall become operative upon an affirmative vote of the residents of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to increase tolls pursuant to Section 30923 of the Streets and Highways Code on the bridges described in Section 30910 of the Streets and Highways Code.

(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Note: This Section provides for the delayed operation of Article 7, commencing with Section 28840.)

PUCPublic Utilities Code - PUC7