Contra Costa County Grand Jury • 2026-2027

BART Office of Inspector General: Independence Delayed is Independence Denied

Published: May 01, 2026 10 pages
Ver PDF original

Findings and Recommendations 21 findings

F1
In 2018, Bay Area voters approved the creation of an Office of Inspector General (OIG) for the San Francisco Bay Area Rapid Transit District (BART).
No recommendations for this finding
F2
Public Utilities Code Section 28841 outlines the foundational structure and responsibilities of the OIG but does not establish details regarding the scope or exercise of the OIG’s authority.
No recommendations for this finding
F3
The OIG does not presently have a charter.
No recommendations for this finding
F4
In 2021, the OIG presented a draft charter to the BART Board of Directors (Board) and the Board’s Audit Committee.
No recommendations for this finding
F5
Neither the Board nor the Audit Committee adopted or revised the draft charter received from the OIG in 2021.
No recommendations for this finding
F6
Following its August 1, 2024, meeting that included on its agenda an “OIG Charter Discussion,” the Audit Committee has not placed on its agenda a discussion or review of an OIG charter.
No recommendations for this finding
F7
The Board has not acted to adopt a charter for the OIG.
Related Recommendations (1)
R8
By December 31, 2026, the Board should consider directing the Audit Committee to begin the process of adopting a formal charter for the OIG.
F8
The Board has not itself attempted to negotiate with its unions a resolution to the unions’ objections to any of the OIG’s proposed charters.
No recommendations for this finding
F9
The Board asked the OIG to negotiate directly with the unions the issue of requiring advance notification to the unions when the OIG wishes to interview a union member as part of an investigation.
Related Recommendations (1)
R7
By December 31, 2026, the Board should consider requesting that the OIG develop written procedures that clarify employee obligations and rights to union representation during an investigation, at the employee’s discretion.
F10
BART adopted a written Internal Audit Charter confirming that its internal audit (IA) function has full and unrestricted access to data, records and information, physical property, and personnel, including union members, pertinent to carrying out IA responsibilities.
No recommendations for this finding
F11
The Board has not issued a written policy or established formal procedures stating that the OIG is to have unrestricted access to data, records, information, physical property, and personnel as necessary to carry out its responsibilities.
Related Recommendations (1)
R3
In the absence of an OIG charter, by December 31, 2026, the Board should consider adopting a written policy stating that the OIG is to have unrestricted access to data, records, information, physical property, and personnel as necessary to carry out its responsibilities.
F12
A BART executive has taken the position that the OIG cannot interview them unless their supervisor approves.
Related Recommendations (1)
R6
By December 31, 2026, the Board should consider adopting a written policy affirming the authority of the OIG to interview any BART employee or officer, including executive leadership, without seeking prior approval.
F13
A BART executive has questioned the OIG’s authority to conduct a retaliation investigation.
No recommendations for this finding
F14
Questions raised by a BART executive regarding the scope of the OIG’s authority caused the OIG to halt a retaliation investigation for several months.
No recommendations for this finding
F15
BART has adopted a written charter that states that IA has the authority to determine the adequacy of management’s actions taken in response to IA reports and recommendations.
No recommendations for this finding
F16
The Board has not issued a written policy or established written procedures stating that the OIG has the authority to determine adequacy of BART management’s actions taken in response to OIG audit and investigative recommendations.
Related Recommendations (2)
R1
In the absence of an OIG charter, by December 31, 2026, the Board should consider adopting a written policy stating that the OIG has the authority and responsibility to determine whether management’s planned actions will adequately address any issues identified in an audit or investigation.
R2
In the absence of an OIG charter, by December 31, 2026, the Board should consider adopting a written policy stating that the OIG has the authority and responsibility to follow up on audit and investigation recommendations until the OIG is satisfied that management has either implemented the recommendations or otherwise adequately addressed the concerns brought forward by the OIG.
F17
Assigning the Board the responsibility for determining whether management has adequately implemented OIG recommendations following an audit or investigation would bypass an independent evaluation by the OIG of management’s actions in response to OIG
No recommendations for this finding
F18
The BART Employee Code of Conduct (ECOC) requires employees to act ethically, comply with District policies, and report misconduct.
No recommendations for this finding
F19
The ECOC does not presently require cooperation with OIG investigations.
Related Recommendations (1)
R4
By December 31, 2026, the Board should consider revising the ECOC to require all officers and employees to cooperate with OIG audits and investigations.
F20
BART’s current Collective Bargaining Agreements (CBAs) require employees to comply with BART’s rules but do not explicitly incorporate the ECOC.
Related Recommendations (1)
R5
In the next negotiations of CBAs, the Board should consider seeking to have the ECOC explicitly incorporated by reference into new CBAs.
F21
BART’s CBAs do not specifically require cooperation with OIG investigations.
No recommendations for this finding

In the News 1

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