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Investigation Process

The OIG reviews complaints received to determine if they fall within the definition of fraud, waste, or abuse and are related to BART activities and operations. We open an investigation if the complaint meets both requirements. The OIG directly investigates some complaints, may hire an outside investigator for others, or may refer complaints to the appropriate department to investigate, particularly if the allegation appears to be immaterial or insignificant from a monetary or operational standpoint. If an allegation appears to be criminal in nature, the OIG will coordinate the investigation with the appropriate law enforcement agency.

If an investigation is initiated, the investigator identifies potential witnesses, suspects, and relevant documents, data, and evidence and their sources. The investigator obtains sufficient, competent, and relevant evidence to provide a reasonable basis for the investigative findings and conclusions. The investigator analyzes the information and evidence obtained to objectively determine if the allegation has merit, documents the results of the analysis, and prepares a report of the findings. BART management will have an opportunity to respond to the OIG’s draft report of findings and recommendations and may be asked to provide additional information if they disagree with the findings and recommendations. At its discretion, the OIG may modify the report based on additional information provided by BART management, but the OIG’s finalized findings and recommendations will stand once the report is issued.

The OIG reports the results of individual complaints to the Board of Directors and the General Manager as investigations are completed and publishes summary reports on the OIG website.

Although the summary reports are available to the public, any investigatory filed compiled by the OIG is an investigatory filed compiled by a local law enforcement agency subject to disclosure pursuant to California Government Code Section 6254, subdivision (f). This means that confidential information, such as interview records and names of complainants, are not available to the public.

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