2023 New York Laws › EXC - Executive › Article 4-B - Office of the Inspector General of New York for Transportation › 56 - Jurisdiction.

§  56. Jurisdiction. 1. This article shall, subject to the limitations
contained herein, confer upon the office of the inspector general of New
York for  transportation  investigative  and  prosecutorial  power  over
criminal and unethical conduct involving individuals serving at a senior
level  in operations, financing or management of a transportation entity
located in a city of a population of one  million  or  more  where  such
action  or  actions  occurred  within  the  state; and investigative and
prosecutorial  power  of  criminal  and  unethical   conduct   involving
managerial  appointees  or  managerial  employees  of any transportation
entity where such action or actions occurred within the state.
2. For the purposes of this article: (a) "transportation entity" shall
mean any public entity located within a city  of  one  million  or  more
involved  in  the transportation of persons, goods or other items within
or to and from the state of New  York  where  at  least  one  individual
involved  at  a  senior  level in operations, financing or management of
such entity is appointed by the governor;
(b) "individuals involved at a senior level in  operations,  financing
or management" shall mean individuals that exert full or partial control
over  formal  actions  taken  by a transportation entity or on behalf of
such entity, or exert independent judgment in the fulfillment  of  their
duties  and obligations, but shall not include individuals whose actions
are of a routine or clerical nature; and
(c) "managerial appointee" or "managerial  employee"  shall  mean  any
individual  who  (i)  participates  directly  or  as  part  of a team in
formulating policy; (ii) may reasonably be required to  assist  directly
in  the  preparation  for  and  conduct of negotiations concerning major
fiscal matters, procurements or expenditures in excess  of  one  hundred
thousand dollars provided that such role is not of a routine or clerical
nature and requires the exercise of independent judgment; or (iii) has a
major role in the administration of personnel agreements or in personnel
administration,  provided that such role is not of a routine or clerical
nature and requires the exercise of independent judgment.
3. Nothing contained in this section shall  replace  or  diminish  the
jurisdiction  of  the  attorney general or any district attorney, or the
inspector general of any transportation entity.
4. The inspector general shall be authorized to:
(a)  receive,  investigate  and  prosecute  complaints  regarding  any
individuals  involved  at  a  senior  level  in operations, financing or
management  or  managerial  appointee  or  managerial  employee  of  any
transportation  entity  concerning  corruption,  conflicts  of interest,
fraud, waste and abuse, recusals  or  failure  to  recuse,  or  criminal
activity  in  any  case  where  such conduct, action or failure occurred
before or after the effective date of the chapter of  the  laws  of  two
thousand  seventeen  that  added  this  article  and where such conduct,
action or failure occurred in New York;
(b)  represent  the   state   in   any   administrative   hearing   or
administrative proceeding involving any criminal or unethical conduct of
individuals  involved  at  a  senior  level  in operations, financing or
management or  a  managerial  appointee  or  managerial  employee  of  a
transportation entity where such conduct occurred in New York; and
(c)  represent  the  state  in civil actions involving any criminal or
unethical  conduct  of  individuals  involved  at  a  senior  level   in
operations,  financing  or  management  or  a  managerial  appointee  or
managerial employee  of  a  transportation  entity  where  such  conduct
occurred in New York.