Will BART cease arming officers?
March 20, 2009
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| BART seeks another firm to conduct a thorough review of their police force. (Examiner file photo) |
SAN FRANCISCO — Should BART police officers carry guns?
That’s one of the questions that will be pondered by the company selected to do a thorough review of the transit agency’s police force in the wake of the fatal shooting of a passenger on New Year’s Day.
In the early hours of Jan. 1, a BART train was stopped at the Fruitvale station in Oakland because of a report of a fight onboard. BART police officers responded to the chaotic scene, including then-officer Johannes Mehserle. At one point during the melee on the station platform, Mehserle fatally shot Oscar Grant III, a 22-year-old Hayward man who was laying face down.
Mehserle, who resigned from BART shortly after the incident, has been charged with murder. He pleaded not guilty and is free after posting $3 million bail.
BART’s top brass and executives — charged by local lawmakers and residents alike for mishandling the investigation — have responded by launching several separate investigations.
In the latest move, the transit agency put out a formal request Thursday to find a company to do a top-to-bottom review of its police force, and it spelled out exactly what needs to be completed. The request will “look beyond the specific shooting to provide a thorough assessment of the police department,” the transit agency said.
Among the requested services, the chosen company will look into 10 questions that are aimed at such things as investigating BART’s hiring procedures, its handling of the events following the incident, its officer-training techniques and its ability to adequately investigate its own conduct under such circumstances. Also on the list is whether BART police officers need to be armed.
BART wants to hire a company with previous experience in studying mass-transit agencies that operate a police force.
The transit agency would not say how much it would be willing to pay for its latest review request, citing the problem of that cost influencing the bidding process, BART spokesman Linton Johnson said.
Aside from Thursday’s request for services, the agency has asked the U.S. Attorney’s Office to investigate allegations that the shooting was racially motivated, or whether BART police officers might be harboring a history of civil-rights violations.
BART has also hired Oakland-based law firm Meyers Nave to investigate the events surrounding the shooting, including its Taser policy. Mehserle’s attorney claims his client mistook his gun for a Taser.
The potential costs of the various investigations have not been released, although Johnson said Thursday the agency spent $376,100 on labor costs alone in the first 25 days after Jan. 1.
Meanwhile, as it pays for the investigations, cash-strapped BART is trying to figure out how to close a projected five-year, $300 million deficit. Discussions about closing the budget shortfall have lead to talks about possible cost-savings measures, fare hikes and other fee increases.
Seeking to resolve unanswered questions
BART is searching for a company to complete a top-to-bottom review of its police force.
Probe inquiries:
1. Does BART need its own police force?
2. Is BART structured to effectively manage a police department?
3. Do BART police officers need to be armed?
4. Are the police force’s policies, procedures and training on use of force adequate or being properly employed?
5. Are policies, procedures and training on diffusing incidents being properly employed?
6. Are procedures on the use of Tasers and other weapons being employed?
7. Are department supervisors adequately monitoring the ongoing performance of BART police officers?
8. Does analysis of police contacts and data answer questions concerning the alleged use, or appearance of use, of racial profiling by the BART police force?
9. How can BART’s media and public-affairs department best communicate with the public following an incident such as the fatal shooting on New Year’s Day?
10. Does BART police training prepare officers to adequately police both an urban and suburban, diverse, multijurisdictional mass-transit environment?
Source: BART


