N.Y. Executive Law § 58: Functions and duties

§ 58. Functions and duties. The inspector general of New York for

transportation shall have the following duties and responsibilities:

1. receive, investigate, and prosecute complaints from any source, or

upon his or her own initiative, concerning allegations of corruption,

conflicts of interest, fraud, waste and abuse, recusals or failure to

recuse, or criminal activity regarding any transportation entity,

conduct or activity or failure to act by any individuals involved at a

senior level in operations, financing or management or managerial

appointee or managerial employee of a transportation entity occurring

before or after the effective date of the chapter of the laws of two

thousand seventeen that added this article, in violation of New York law

and occurring in New York;

2. inform the transportation entity of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality, provided that the inspector general shall

maintain a written record that specifies the reason confidentiality is

necessary under this paragraph;

3. issue a subpoena or subpoenas requiring a person or persons to

appear before the grand jury, trial court, produce documents, provide a

sworn statement under oath and be examined in reference to any matter

within the jurisdiction of the inspector general. A subpoena issued

under this section shall be governed by article twenty-three of the

civil practice law and rules or articles one hundred ninety or six

hundred ten of the criminal procedure law. The inspector general or his

or her deputy or any person designated in writing by them may administer

an oath to a witness in any such investigation or prosecution and may

seek to confer immunity for compelled testimony pursuant to article

fifty of the criminal procedure law;

4. determine with respect to such allegations whether to initiate

civil or criminal prosecution, or make a referral for further

investigation by an appropriate federal, state or local agency or any

other office of inspector general as is warranted, and to assist in such

investigations; and

5. prepare and release to the public written reports of such

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses. The

release of all or portions of such reports may be deferred to protect

the confidentiality of ongoing investigations, provided that the

inspector general shall maintain a written record that specifies the

reason confidentiality is necessary under this subdivision.