NY Pub Auth L § 1279 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11 - Metropolitan Commuter Transportation Authority 1279 - Metropolitan Transportation Authority Inspector General.

§  1279.  Metropolitan  transportation authority inspector general. 1. There is hereby created in the metropolitan transportation authority  an office  of  metropolitan transportation authority inspector general. The inspector general shall be appointed by the governor with the advice and consent of the  senate.  The  inspector  general  shall,  prior  to  his appointment, have had at least ten years experience in the management of transportation  services,  in auditing and investigation of governmental operations, or  in  services  related  to  management  and  productivity improvement.  The  term of office of the inspector general shall be five years from the effective date of appointment, and he shall serve at  the pleasure  of  the governor. The salary of the inspector general shall be determined by the authority board.   2. The inspector general shall annually submit to  the  board  of  the metropolitan transportation authority a budget request for the operation of  the office. If the board disapproves any portion of such request and the commissioner of transportation determines  such  disapproval  to  be unreasonable,  such  commissioner  shall withhold from payments due such authority, the amount so determined to be unreasonable and transfer such amount to  the  office  of  the  metropolitan  transportation  authority inspector general.   3.  The  inspector  general shall have full and unrestricted access to all records, information, data, reports,  plans,  projections,  matters, contracts,  memoranda,  correspondence  and  any  other materials of the authority and its subsidiaries, the Long  Island  railroad,  metro-north railroad,  metropolitan  suburban  bus authority and Staten Island rapid transit  operating  authority,  of  the  Triborough  bridge  and  tunnel authority,   and  of  the  New  York  city  transit  authority  and  its subsidiary, the Manhattan and Bronx surface transit operating authority, or any other agency that may come under the control of the authority, or within their custody or control.   4. The inspector general, notwithstanding the provisions of title nine of this article and this title, and of title  three  of  article  three, shall have the following functions, powers and duties:  (a)  to receive and investigate complaints from any source or upon his own  initiative  concerning   alleged   abuses,   frauds   and   service deficiencies, including deficiencies in the maintenance and operation of facilities,  relating to the authority and its subsidiaries as listed in subdivision two above, the Triborough bridge and  tunnel  authority  and the New York city transit authority and its subsidiary;  (a-1)  to  receive and investigate complaints from any source, or upon his or her own initiative, concerning allegations of corruption,  fraud, use  of  excessive  force,  criminal  activity, conflicts of interest or abuse by any police officer under the jurisdiction of the office of  the metropolitan  transportation  authority and promptly inform the division of criminal justice services, in the form and manner  as  prescribed  by the  division,  of  such  allegations and the progress of investigations related thereto unless special  circumstances  require  confidentiality. Nothing in this paragraph shall require the division of criminal justice services to participate in the investigation of such allegations or take action  or prevent the division of criminal justice services from taking action authorized pursuant to subdivision three of section eight hundred forty-five of the executive law in the time and manner determined by the commissioner of the division of criminal justice services.  (b) to initiate such  reviews  as  he  may  deem  appropriate  of  the operations   of   the  authority  and  its  subsidiaries  as  listed  in subdivision two above, the Triborough bridge and  tunnel  authority,  or the  New  York  city  transit  authority and its subsidiary, in order to  identify areas in which performance  might  be  improved  and  available funds used more effectively;  (c) to recommend remedial actions to be taken by the authority and its subsidiaries   as  listed  in  subdivision  two  of  this  section,  the Triborough bridge and tunnel authority, and the New  York  city  transit authority  and  its  subsidiary,  to  overcome  or  correct operating or maintenance deficiencies and inefficiencies that he determines to exist;  (d)  to  make  available  to  appropriate  law  enforcement  officials information  and  evidence  which  relate  to  criminal acts that he may obtain in carrying out his duties;  (e) to subpoena witnesses,  administer  oaths  or  affirmations,  take testimony  and  compel the production of such books, papers, records and documents as he may deem to be relevant to any inquiry or  investigation undertaken  pursuant  to  this  section and to delegate such powers to a duly authorized deputy inspector general;  (f)  to  monitor  the  implementation  by  the   authority   and   its subsidiaries, the Triborugh bridge and tunnel authority and the New York city transit authority and its subsidiary of recommendations made by the inspector general or other audit agencies; and  (g)  to do all things necessary to carry out the functions, powers and duties set forth in this section.   5. The inspector general shall cooperate, consult and coordinate  with the state public transportation safety board with regard to any activity concerning  the operations of the metropolitan transportation authority. With respect to any accident  on  the  facilities  of  the  metropolitan transportation  authority,  the primary responsibility for investigation shall be that of the board which  shall  share  its  findings  with  the metropolitan transportation authority inspector general.   6.  The  inspector  general  shall  make  annual public reports on his findings and recommendations. Such a report shall be filed in the office of the governor and with the legislature on or before the first  day  of February   for  the  preceding  year.  The  metropolitan  transportation authority and  its  applicable  constituent  agencies  shall  prepare  a response  to  the  annual  report and to any and all other final reports made by the inspector general within thirty days of receipt, which  time may  be  extended by the inspector general in his discretion, indicating whether such authority intends to implement the recommendations in  such reports,   and,   if   not,  why  not.  In  addition,  the  metropolitan transportation authority and its applicable constituent  agencies  shall give  quarterly reports to the inspector general outlining the status of each of the recommendations made by the inspector general in  his  final reports.  Copies  of all of these reports shall be sent to the governor, the temporary president of the senate, the speaker of the assembly,  the chairman  of  the  senate  transportation committee, the chairman of the senate finance committee, the chairman  of  the  assembly  corporations, authorities  and  commissions committee and the chairman of the assembly ways and means committee.   7. To effectuate the purposes of this section, the  inspector  general may  request  from  any department, board, bureau, commission, office or other agency of the state, or of any of its political subdivisions, such cooperation, assistance, services and data as will enable him  to  carry out  his functions, powers and duties hereunder, and they are authorized and directed to provide said cooperation, assistance, services and data.