2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11 - Metropolitan Commuter Transportation Authority › 1279-E - Assignment, Transfer, Sharing or Consolidating Powers, Functions or Activities.

§  1279-e.  Assignment,  transfer,  sharing  or  consolidating powers,
functions or activities. 1. (a) Notwithstanding any  provision  of  this
title  or  any  other  provision  of law, general, special or local, the
authority shall develop and complete a personnel and reorganization plan
no later than June thirtieth, two  thousand  nineteen  which  shall,  in
whole  or  in  part,  assign, transfer, share, or consolidate any one or
more of its powers, duties, functions or activities or  any  department,
division  or  office  established  therewith,  or  any  of  those of its
subsidiaries, or affiliates or their  subsidiaries,  within  or  between
itself, its subsidiaries or affiliates or their subsidiaries, including,
but  not limited to the New York City Transit Authority, the Long Island
Rail Road, the  Metro  North  Commuter  Railroad  Company,  MTA  Capital
Construction,  MTA  New  York  City  Bus,  Triborough  bridge and tunnel
authority, and the MTA Staten Island Railway,  in  a  manner  consistent
with  the  provisions  of  this section. Such plan shall identify common
functions and assign, transfer, share or consolidate,  in  whole  or  in
part,  such  functions  between  the  authority  and  its  subsidiaries,
affiliates and subsidiaries of affiliates and shall be accompanied by an
independent evaluation of existing personnel within or  between  itself,
its  subsidiaries,  or  affiliates or their subsidiaries in coordination
with the authority's senior management. This plan shall be  approved  by
the  board  of  the  authority by July thirtieth, two thousand nineteen.
Upon such approval, the board shall  also  appoint  a  director  of  MTA
transformation  whose  responsibilities  shall  include implementing the
personnel and reorganization plan and reporting directly  to  the  board
regarding the director's activities.
(b)  Upon  receipt  of  the  review pursuant to section twelve hundred
seventy-nine-f of this title the authority shall  revise  the  personnel
and reorganization plan to consider and incorporate the findings of such
review  within  ninety  days  of  receipt.  Such  revised  personnel and
reorganization plan shall be approved by the board of the authority.
2. Such assignment, transfer, sharing, or  consolidation  pursuant  to
this  section shall occur only if approved by resolution of the board of
the authority, serving on behalf  of  the  authority  and  any  affected
subsidiary  or affiliate or their subsidiary, adopted by not less than a
majority vote of the whole number of members of the  authority  then  in
office,  with  the chairman having one additional vote in the event of a
tie vote.
3.  Pursuant  to  this  section,  any  such  assigning,  transferring,
sharing,  or  consolidating  of  powers, duties, functions or activities
shall not be authorized where it would impair any rights and remedies of
any  holders  of  notes,  bonds  or  other  obligations  issued  by  the
authority,  its  subsidiaries,  or  affiliates  or  their  subsidiaries.
Nothing set forth in this section shall be construed to impede, infringe
or diminish the  rights  and  benefits  that  accrue  to  employees  and
employers  through collective bargaining agreements, or impact or change
an employee's membership in a bargaining unit.
4. No consolidation shall result in the complete dissolution or merger
within or between the authority or its subsidiaries, affiliates or their
subsidiaries.