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 requires the BART Inspector General to be appointed to serve an initial 4-year term by the Governor from a list of 3 nominees submitted by the board. Existing law requires the Inspector General to be removed from office by the board of directors, subject to the approval of the Governor, under certain circumstances. Existing law specifies the duties and responsibilities of the Inspector General including, among others, conducting, supervising, and coordinating audits and investigations relating to the district's programs and operations. This bill would revise the duties and responsibilities of the Inspector General by, among other things, requiring the Inspector General to engage in fraud prevention activities and provide recommendations to strengthen internal controls that will prevent or detect fraud, waste, or abuse. The bill would revise the manner in which the Inspector General is required to be removed from office. The bill would provide that the Inspector General shall have the independence necessary to conduct all of its audits and investigations in conformity with specified standards. To ensure the confidentiality of its work from the district, the bill would authorize the Office of the BART Inspector General to establish a system for maintaining records that is outside of the district's computer network and not accessible by the district, as specified. The bill would authorize the Inspector General to appoint, employ, evaluate, and remove assistants, employees, and personnel, and to prescribe their duties, scope of authority, and qualifications, as specified. The bill would provide the Inspector General 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, and to meet with any employee or officer of the district or a contractor of the district as necessary to complete an audit or investigation, as specified. The bill would prohibit an employee or officer of the district or a contractor of the district from engaging in specified activities in connection with an audit, investigation, or review conducted by the Inspector General. The bill would authorize the Inspector General to issue subpoenas for the attendance of 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. Existing law requires the board of directors of BART to appoint a general manager who is responsible, subject to the direction and control of the board, for the acquisition, construction, maintenance, and operation of the facilities of the district and also for the administration of the business affairs of the district. This bill would require the general manager or appropriate district officer to respond to findings and recommendations made by the Office of the BART Inspector General within a reasonable amount of time, not to exceed 30 days. By creating new duties for a local agency, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.