2023 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.