Statutory Authority
The Office of the Inspector General (OIG) for the San Francisco Bay Area Rapid Transit District (BART) was authorized in Bay Area Regional Measure 3 (RM 3), which voters approved on June 5, 2018. The measure was on the ballot for voters in the City and County of San Francisco and Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma Counties. RM 3 provided an annual allocation of $1 million in toll revenue to establish the independent OIG for the purpose of identifying opportunities to improve the efficiency and effectiveness of BART operations and delivery of capital projects, including toll-funded projects, and to ensure compliance with applicable federal and state laws. BART has the authority to increase the amount of funding provided for the OIG. Measure RM 3 included two provisions to ensure the Inspector General’s (IG) independence:
- The IG is to be appointed by the Governor of California to an initial four-year term, based on the recommendation of three candidates from the BART board of directors.
- The IG may be removed from office, subject to approval of the Governor, only if 1) a two-thirds majority of the board members votes for removal or 2) the IG violates a federal or state law or regulation, a local ordinance, or a District policy or practice relative to ethical practices, such as accepting gifts or contributions.