N.Y. Public Authorities Law § 1263: Metropolitan transportation authority

§ 1263. Metropolitan transportation authority. 1. * (a) (1) There is

hereby created the "metropolitan transportation authority." The

authority shall be a body corporate and politic constituting a public

benefit corporation. The authority shall consist of a chairperson,

sixteen other voting members, and two non-voting and four alternate

non-voting members, as described in subparagraph two of this paragraph

appointed by the governor by and with the advice and consent of the

senate. Any member appointed to a term commencing on or after June

thirtieth, two thousand nine shall have experience in one or more of the

following areas: transportation, public administration, business

management, finance, accounting, law, engineering, land use, urban and

regional planning, management of large capital projects, labor

relations, or have experience in some other area of activity central to

the mission of the authority. Four of the sixteen voting members other

than the chairperson shall be appointed on the written recommendation of

the mayor of the city of New York; and each of seven other voting

members other than the chairperson shall be appointed after selection

from a written list of three recommendations from the chief executive

officer of the county in which the particular member is required to

reside pursuant to the provisions of this subdivision. Of the members

appointed on recommendation of the chief executive officer of a county,

one such member shall be, at the time of appointment, a resident of the

county of Nassau, one a resident of the county of Suffolk, one a

resident of the county of Westchester, one a resident of the county of

Dutchess, one a resident of the county of Orange, one a resident of the

county of Putnam and one a resident of the county of Rockland, provided

that the term of any member who is a resident of a county that has

withdrawn from the metropolitan commuter transportation district

pursuant to section twelve hundred seventy-nine-b of this title shall

terminate upon the effective date of such county's withdrawal from such

district. Of the five voting members, other than the chairperson,

appointed by the governor without recommendation from any other person,

three shall be, at the time of appointment, residents of the city of New

York and two shall be, at the time of appointment, residents of such

city or of any of the aforementioned counties in the metropolitan

commuter transportation district. Provided however, notwithstanding the

foregoing residency requirement, one of the five voting members

appointed by the governor without recommendation from any other person,

other than the chairperson, may be the director of the New York state

division of the budget, and provided further that, in the event of such

appointment, the budget director's membership in the authority shall be

deemed ex-officio. Provided further, one of the twelve voting members,

other than the chairperson, appointed by the governor without

recommendation by any other person, or on the recommendation of the

mayor of the city of New York, or of the chief executive officer of the

counties of Westchester, Nassau, or Suffolk shall be a transit dependent

individual. A "transit dependent individual" shall mean an individual

who is limited to public transit as their primary mode of transportation

because the individual has a permanent disability, provided that any

local or statewide transit advocacy organization may recommend one or

more transit dependent individuals to be considered for appointment

pursuant to this section. The chairperson and each of the members shall

be appointed for a term of six years, provided however, that the

chairperson first appointed shall serve for a term ending June

thirtieth, nineteen hundred eighty-one, provided that thirty days after

the effective date of the chapter of the laws of two thousand nine which

amended this subparagraph, the term of the chairperson shall expire;

provided, further, that such chairperson may continue to discharge the

duties of his or her office until the position of chairperson is filled

by appointment by the governor upon the advice and consent of the senate

and the term of such new chairperson shall terminate June thirtieth, two

thousand fifteen. The sixteen other members first appointed shall serve

for the following terms: The members from the counties of Nassau and

Westchester shall each serve for a term ending June thirtieth, nineteen

hundred eighty-five; the members from the county of Suffolk and from the

counties of Dutchess, Orange, Putnam and Rockland shall each serve for a

term ending June thirtieth, nineteen hundred ninety-two; two of the

members appointed on recommendation of the mayor of the city of New York

shall each serve for a term ending June thirtieth, nineteen hundred

eighty-four and, two shall each serve for a term ending June thirtieth,

nineteen hundred eighty-one; two of the members appointed by the

governor without the recommendation of any other person shall each serve

for a term ending June thirtieth, nineteen hundred eighty-two, two shall

each serve for a term ending June thirtieth, nineteen hundred eighty and

one shall serve for a term ending June thirtieth, nineteen hundred

eighty-five. The two non-voting and four alternate non-voting members

shall serve until January first, two thousand one. The members from the

counties of Dutchess, Orange, Putnam and Rockland shall cast one

collective vote.

(2) There shall be two non-voting members and four alternate

non-voting members of the authority, as referred to in subparagraph one

of this paragraph.

The first non-voting member shall be a regular mass transit user of

the facilities of the authority and be recommended to the governor by

the New York city transit authority advisory council. The first

alternate non-voting member shall be a regular mass transit user of the

facilities of the authority and be recommended to the governor by the

Metro-North commuter council. The second alternate non-voting member

shall be a regular mass transit user of the facilities of the authority

and be recommended to the governor by the Long Island Rail Road

commuter's council.

The second non-voting member shall be recommended to the governor by

the labor organization representing the majority of employees of the

Long Island Rail Road. The third alternate non-voting member shall be

recommended to the governor by the labor organization representing the

majority of employees of the New York city transit authority. The fourth

alternate non-voting member shall be recommended to the governor by the

labor organization representing the majority of employees of the

Metro-North Commuter Railroad Company. Notwithstanding any other

provision of law, the alternate non-voting member recommended by the

labor organization representing the majority of employees of the

Metro-North Commuter Railroad Company may be a resident of any state in

which the Metro-North Commuter Railroad Company operates. The chairman

of the authority, at his direction, may exclude such non-voting member

or alternate non-voting member from attending any portion of a meeting

of the authority or of any committee established pursuant to paragraph

(b) of subdivision four of this section held for the purpose of

discussing negotiations with labor organizations.

The non-voting member and the two alternate non-voting members

representing the New York York city transit authority advisory council,

the Metro-North commuter council, and the Long Island Rail Road

commuter's council shall serve eighteen month rotating terms, after

which time an alternate non-voting member shall become the non-voting

member and the rotation shall continue until each alternate member has

served at least one eighteen month term as a non-voting member. The

other non-voting member and alternate non-voting members representing

the New York city transit authority, Metro-North Commuter Railroad

Company, and the Long Island Rail Road labor organizations shall serve

eighteen month rotating terms, after which time an alternate non-voting

member shall become the non-voting member and the rotation shall

continue until each alternate member has served at least one eighteen

month term as a non-voting member. The transit authority and the

commuter railroads shall not be represented concurrently by the two

non-voting members during any such eighteen month period.

* NB Effective until June 30, 2028

* (a) There is hereby created the "metropolitan transportation

authority." The authority shall be a body corporate and politic

constituting a public benefit corporation. The authority shall consist

of a chairman and sixteen other members appointed by the governor by and

with the advice and consent of the senate. Any member appointed to a

term commencing on or after June thirtieth, two thousand nine shall have

experience in one or more of the following areas of expertise:

transportation, public administration, business management, finance,

accounting, law, engineering, land use, urban and regional planning,

management of large capital projects, labor relations, or have

experience in some other area of activity central to the mission of the

authority. Four of the sixteen members other than the chairman shall be

appointed on the written recommendation of the mayor of the city of New

York; and each of seven other members other than the chairman shall be

appointed after selection from a written list of three recommendations

from the chief executive officer of the county in which the particular

member is required to reside pursuant to the provisions of this

subdivision. Of the members appointed on recommendation of the chief

executive officer of a county, one such member shall be, at the time of

appointment, a resident of the county of Nassau; one a resident of the

county of Suffolk; one a resident of the county of Westchester; and one

a resident of the county of Dutchess, one a resident of the county of

Orange, one a resident of the county of Putnam and one a resident of the

county of Rockland, provided that the term of any member who is a

resident of a county that has withdrawn from the metropolitan commuter

transportation district pursuant to section twelve hundred

seventy-nine-b of this title shall terminate upon the effective date of

such county's withdrawal from such district. Of the five members, other

than the chairman, appointed by the governor without recommendation from

any other person, three shall be, at the time of appointment, residents

of the city of New York and two shall be, at the time of appointment,

residents of such city or of any of the aforementioned counties in the

metropolitan commuter transportation district. Provided however,

notwithstanding the foregoing residency requirement, one of the five

voting members appointed by the governor without recommendation from any

other person, other than the chairman, may be the director of the New

York state division of the budget, and provided further that, in the

event of such appointment, the budget director's membership in the

authority shall be deemed ex-officio. The chairman and each of the

members shall be appointed for a term of six years, provided however,

that the chairman first appointed shall serve for a term ending June

thirtieth, nineteen hundred eighty-one, provided that thirty days after

the effective date of the chapter of the laws of two thousand nine which

amended this paragraph, the term of the chairman shall expire; provided,

further, that such chairman may continue to discharge the duties of his

office until the position of chairman is filled by appointment by the

governor upon the advice and consent of the senate and the term of such

new chairman shall terminate June thirtieth, two thousand fifteen. The

sixteen other members first appointed shall serve for the following

terms: The members from the counties of Nassau and Westchester shall

each serve for a term ending June thirtieth, nineteen hundred

eighty-five; the members from the county of Suffolk and from the

counties of Dutchess, Orange, Putnam and Rockland shall each serve for a

term ending June thirtieth, nineteen hundred ninety-two; two of the

members appointed on recommendation of the mayor of the city of New York

shall each serve for a term ending June thirtieth, nineteen hundred

eighty-four and, two shall each serve for a term ending June thirtieth,

nineteen hundred eighty-one; two of the members appointed by the

governor without the recommendation of any other person shall each serve

for a term ending June thirtieth, nineteen hundred eighty-two, two shall

each serve for a term ending June thirtieth, nineteen hundred eighty and

one shall serve for a term ending June thirtieth, nineteen hundred

eighty-five. The members from the counties of Dutchess, Orange, Putnam

and Rockland shall cast one collective vote.

* NB Effective June 30, 2028

(a-1) The mayor of the city of New York shall, no later than April

first, nineteen hundred ninety-one, develop and submit to the governor,

the temporary president of the senate and the speaker of the assembly, a

plan detailing how the four appointments to the metropolitan

transportation authority board made by the governor upon the written

recommendation of the mayor can be utilized to ensure that each county

within the city of New York is represented on such board.

(b) Vacancies occurring otherwise than by expiration of term shall be

filled in the same manner as original appointments for the balance of

the unexpired term, provided, however, that in the event of a vacancy

caused by the death, resignation, removal, or disability of the

chairman, the vacancy shall be filled by the governor by and with the

advice and consent of the senate for the unexpired term. Notwithstanding

any other provision of law to the contrary, the governor shall designate

an acting chairman for a period not to exceed six months or until a

successor chairman has been confirmed by the senate, whichever comes

first. Upon the expiration of the six-month term, if the governor has

nominated a successor chairman, but the senate has not acted upon the

nomination, the acting chair can continue to serve as acting chair for

an additional ninety days or until the governor's successor chair

nomination is confirmed by the senate, whichever comes first.

(b-1) Notwithstanding any inconsistent provision of this section, in

the event that, upon a vacancy to be filled by the governor without

recommendation, other than the chairperson, there is no transit

dependent member serving, the governor shall appoint a transit dependent

individual to fill the vacancy, consistent with paragraph (a) of this

subdivision. Provided further that in the event that there is no transit

dependent member serving and there is no vacancy to be filled by the

governor without recommendation other than the chairperson, then upon a

vacancy in a seat filled by the governor upon the recommendation of the

mayor of the city of New York, the mayor of the city of New York shall

recommend a transit dependent individual to fill the vacancy, consistent

with paragraph (a) of this subdivision.

(c) (i) Notwithstanding any inconsistent provision of this section,

the term of any member shall expire upon the expiration of the term in

office being served by the county elected official upon whose

recommendation they were appointed; provided, however, that in such

circumstance such member may serve as a holdover appointee for sixty

days, or until such time as a new member is appointed, whichever is

less. The term of any member appointed to replace such a holdover

appointee shall expire at the end of the term in office of the county

elected official upon whose recommendation such member was appointed. If

a county elected official leaves office because of death, resignation,

removal or disability, however, a member appointed upon such official's

recommendation shall continue to serve until such time as such county

elected office is filled, at which time such member will become a

holdover appointee and may serve for sixty days, or until such time as a

new member is appointed, whichever is less.

(ii) Notwithstanding any inconsistent provision of this section, the

term of any chairman or any member shall expire upon the expiration of

the term in office being served by the city or state elected official

upon whose recommendation they were appointed; provided, however, that

in such circumstance the chairman or such member may serve as a holdover

appointee until such time as a new chairman or member is appointed. The

term of any chairman or member appointed to replace such a holdover

appointee shall expire at the end of the term in office of the city or

state elected official upon whose recommendation such chairman or member

was appointed.

2. The chairman and the first vice chairman shall be paid a salary in

the amount determined by the authority; the other members shall not

receive a salary or other compensation. Each member, including the

chairman and the first vice chairman, shall be entitled to reimbursement

for actual and necessary expenses incurred in the performance of his or

her official duties.

3. (a) A majority of the whole number of members of the authority then

in office shall constitute a quorum for the transaction of any business

or the exercise of any power of the authority. Except as otherwise

specified in this title, for the transaction of any business or the

exercise of any power of the authority, the authority shall have power

to act by a majority vote of the members present at any meeting at which

a quorum is in attendance and except further, that in the event of a tie

vote the chairman shall cast one additional vote.

(b) For purposes of determining the presence of a quorum, and for

purposes of participation on any committee or subcommittee, those

members who collectively cast a single vote pursuant to the provisions

of paragraph (a) of subdivision one of this section shall be considered

to be a single member, and the presence of such member shall be

determined as provided in this subdivision. Except as otherwise provided

in a by-law adopted as hereinafter provided, such single member

constituting those members entitled to a collective vote shall be deemed

present as a single member for purposes of a quorum if one or more of

the members then in office entitled to cast such collective vote is

present, and such collective vote shall be cast in accordance with the

majority agreement of the members entitled to a collective vote who are

present or in the event a single member entitled to a collective vote is

present it shall be cast by that member. To evidence the existence of

such majority agreement among the members entitled to a collective vote,

each such member shall be polled as to his vote and such poll shall be

recorded in the minutes. In the event a majority vote is not achieved by

the members entitled to a collective vote who are present, then the vote

shall not be cast. Nothing herein shall limit the right of an individual

member to participate in board meetings or in other activities of the

authority when the other members then in office entitled to collectively

cast a vote are not present. At any meeting of the authority at which

there is a quorum including all the members then in office entitled to

cast a collective vote, the authority may adopt a by-law or by-laws

regulating the casting of such collective vote, provided all members

then in office entitled to cast a collective vote affirmatively approve

such by-law or by-laws. Any action taken by the authority in accordance

with any such by-law or by-laws adopted pursuant to the provisions of

this paragraph shall take effect in the same manner as any other action

of the authority. Any such by-law or by-laws shall not provide for the

casting of any fractional vote. Nor shall such a by-law or by-laws

provide for the amendment, repeal or adoption in the future of such a

by-law or by-laws in a manner other than that set forth in this

paragraph.

(c) No provision of paragraph (b) of this subdivision relating to the

adoption of certain by-laws by the authority shall affect the manner in

which by-laws of the authority are adopted concerning any subject other

than the voting and presence for quorum purposes of the members from the

counties of Dutchess, Putnam, Orange and Rockland.

(d) Notwithstanding the provisions of paragraph (a) of subdivision one

of this section, any member appointed from the county of Dutchess,

Orange, Putnam or Rockland prior to the increase in the number of

members of the authority to include a member from each such county shall

continue in office as the member from such counties pursuant to section

five of the public officers law until the appointment and confirmation

of all of the new members from such counties pursuant to the provisions

of this section, and no individual member exercising a collective vote

appointed and confirmed pursuant to paragraph (a) of subdivision one of

this section shall take office until all such new members are appointed

and confirmed.

4. (a) Notwithstanding any provision of law to the contrary, the

chairman shall be the chief executive officer of the authority and shall

be responsible for the discharge of the executive and administrative

functions and powers of the authority. The chairman may appoint an

executive director and such other officials and employees as shall in

his or her judgment be needed to discharge the executive and

administrative functions and powers of the authority.

* (b) The chairman shall establish committees to assist him in the

performance of his duties and shall appoint members of the authority to

such committees. Among such committees, there shall be a committee on

operations of the New York city transit authority, the Manhattan and

Bronx surface transit operating authority and the Staten Island rapid

transit operating authority; a committee on operations of the Long

Island Rail Road and the metropolitan suburban bus authority; a

committee on operations of the Metro-North commuter railroad; a

committee on operations of the Triborough bridge and tunnel authority; a

committee on finance; a committee on capital program oversight; and a

committee on safety. In addition to such appointed members, each of the

non-voting members referred to in subparagraph two of paragraph (a) of

subdivision one of this section shall serve on the committee on capital

program oversight, the committee on finance, the committee on safety,

the committee on operations of the Triborough bridge and tunnel

authority, and the operations committee relevant to the commuter council

that recommended such member. The alternate non-voting members shall

each serve on the respective operations committee relevant to the

commuter council that recommended each member. The committee on capital

program oversight and the committee on safety shall include not less

than three members, and shall include the chairpersons of the committee

on operations of the New York city transit authority, the Manhattan and

Bronx surface transit operating authority and the Staten Island rapid

transit operating authority, the committee on operations of the Long

Island Rail Road and the metropolitan suburban bus authority, and the

committee on operations of the Metro-North commuter railroad. The

committee on safety shall convene at least once annually and each

committee chairperson, that is a member of the committee on safety,

shall report to the committee on safety any and all initiatives,

concerns, improvements, or failures involving the safety of: (1)

customers; (2) employees; and (3) the public at large, in relation to

authority facilities and services. The capital program committee shall,

with respect to any approved or proposed capital program plans, (i)

monitor the current and future availability of funds to be utilized for

such plans approved or proposed to be submitted to the metropolitan

transportation capital program review board as provided in section

twelve hundred sixty-nine-b of this title; (ii) monitor the contract

awards of the metropolitan transportation authority and the New York

city transit authority to insure that such awards are consistent with

(A) provisions of law authorizing United States content and New York

state content; (B) collective bargaining agreements; (C) provisions of

law providing for participation by minority and women-owned businesses;

(D) New York state labor laws; (E) competitive bidding requirements

including those regarding sole source contracts; and (F) any other

relevant requirements established by law; (iii) monitor the award of

contracts to determine if such awards are consistent with the manner in

which the work was traditionally performed in the past provided,

however, that any such determination shall not be admissible as evidence

in any arbitration or judicial proceeding; (iv) review the relationship

between capital expenditures pursuant to each such capital program plan

and current and future operating budget requirements; (v) monitor the

progress of capital elements described in each capital program plan

approved as provided in section twelve hundred sixty-nine-b of this

title; (vi) monitor the expenditures incurred and to be incurred for

each such element; and (vii) identify capital elements not progressing

on schedule, ascertain responsibility therefor and recommend those

actions required or appropriate to accelerate their implementation. The

capital program committee shall issue a quarterly report on its

activities and findings, and shall in connection with the preparation of

such quarterly report, consult with the state division of the budget,

the state department of transportation, the members of the metropolitan

transportation authority capital program review board and any other

group the committee deems relevant, including public employee

organizations, and, at least annually, with a nationally recognized

independent transit engineering firm. Such report shall be made

available to the members of the authority, to the members of the

metropolitan transportation authority capital program review board, and

the directors of the municipal assistance corporation for the city of

New York.

* NB Effective until June 30, 2028

* (b) The chairman shall establish committees to assist him in the

performance of his duties and shall appoint members of the authority to

such committees. Among such committees, there shall be a committee on

operations of the New York city transit authority, the Manhattan and

Bronx surface transit operating authority and the Staten Island rapid

transit operating authority; a committee on operations of the Long

Island Rail Road and the metropolitan suburban bus authority; a

committee on operations of the Metro-North commuter railroad; a

committee on operations of the Triborough bridge and tunnel authority; a

committee on finance; a committee on capital program oversight; and a

committee on safety. The committee on capital program oversight shall

include not less than four members, and shall include the chairpersons

of the committee on operations of the New York city transit authority,

the Manhattan and Bronx surface transit operating authority and the

Staten Island rapid transit operating authority, the committee on

operations of the Long Island Rail Road and the metropolitan suburban

bus authority, the committee on operations of the Metro-North commuter

railroad, and the committee on safety. The committee on safety shall

convene at least once annually and each committee chairperson, that is a

member of the committee on safety, shall report to the committee on

safety any and all initiatives, concerns, improvements, or failures

involving the safety of: (1) customers; (2) employees; and (3) the

public at large, in relation to authority facilities and services. The

capital program committee shall, with respect to any approved or

proposed capital program plans, (i) monitor the current and future

availability of funds to be utilized for such plans approved or proposed

to be submitted to the metropolitan transportation capital program

review board as provided in section twelve hundred sixty-nine-b of this

title; (ii) monitor the contract awards of the metropolitan

transportation authority and the New York city transit authority to

insure that such awards are consistent with (A) provisions of law

authorizing United States content and New York state content; (B)

collective bargaining agreements; (C) provisions of law providing for

participation by minority and women-owned businesses; (D) New York state

labor laws; (E) competitive bidding requirements including those

regarding sole source contracts; and (F) any other relevant requirements

established by law; (iii) monitor the award of contracts to determine if

such awards are consistent with the manner in which the work was

traditionally performed in the past provided, however, that any such

determination shall not be admissible as evidence in any arbitration or

judicial proceeding; (iv) review the relationship between capital

expenditures pursuant to each such capital program plan and current and

future operating budget requirements; (v) monitor the progress of

capital elements described in each capital program plan approved as

provided in section twelve hundred sixty-nine-b of this title; (vi)

monitor the expenditures incurred and to be incurred for each such

element; and (vii) identify capital elements not progressing on

schedule, ascertain responsibility therefor and recommend those actions

required or appropriate to accelerate their implementation. The capital

program committee shall issue a quarterly report on its activities and

findings, and shall in connection with the preparation of such quarterly

report, consult with the state division of the budget, the state

department of transportation, the members of the metropolitan

transportation authority capital program review board and any other

group the committee deems relevant, including public employee

organizations, and, at least annually, with a nationally recognized

independent transit engineering firm. Such report shall be made

available to the members of the authority, to the members of the

metropolitan transportation authority capital program review board, and

the directors of the municipal assistance corporation for the city of

New York.

* NB Effective June 30, 2028

(c) The chairman shall ensure that at every meeting of the board and

at every meeting of each committee the public shall be allotted a period

of time, not less than thirty minutes, to speak on any topic on the

agenda.

(d) Notwithstanding paragraph (c) of subdivision one of section

twenty-eight hundred twenty-four of this chapter or any other provision

of law to the contrary, the chairman shall not participate in

establishing authority policies regarding the payment of salary,

compensation and reimbursement to, nor establish rules for the time and

attendance of, the chief executive officer. The salary of the chairman,

as determined pursuant to subdivision two of this section, shall also be

compensation for all services performed as chief executive officer.

5. The authority shall be a "state agency" for the purposes of

sections seventy-three and seventy-four of the public officers law.

6. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, no officer or employee of the state, or

of any public corporation as defined in the general corporation law,

shall be deemed to have forfeited or shall forfeit his office or

employment or any benefits provided under the retirement and social

security law or under any public retirement system maintained by the

state or any of its subdivisions by reason of his acceptance of

membership on or chairmanship of the authority; provided, however, a

member or chairman who holds such other public office or employment

shall receive no additional compensation for services rendered pursuant

to this title, but shall be entitled to reimbursement for his actual and

necessary expenses incurred in the performance of such services.

7. The governor may remove any member for inefficiency, neglect of

duty, breach of fiduciary duty or misconduct in office after giving the

member a copy of the charges against the member and an opportunity to be

heard, in person or by counsel in the member's defense, upon not less

than ten days' notice. If any member shall be so removed, the governor

shall file in the office of the department of state a complete statement

of charges made against such member, and his findings thereon, together

with a complete record of the proceedings.

8. The authority shall continue so long as it shall have bonds or

other obligations outstanding and until its existence shall be

terminated by law. Upon the termination of the existence of the

authority, all its rights and properties shall pass to and be vested in

the state.

9. Whenever the authority causes notices of hearings on proposed

changes in services or fares to be posted pursuant to this section or

any statute, regulation, or authority policy, or where it voluntarily

posts such notices, such notices shall: (a) be written in a clear and

coherent manner using words with common and every day meaning; (b) be

captioned in large point type bold lettering with a title that fairly

and accurately conveys the basic nature of such change or changes; (c)

where such change involves a proposed change in levels of fare, include

in its title the range of amounts of fare changes under consideration;

(d) contain, to the extent practicable, a concise description of the

specific nature of the change or changes, including but not limited to a

concise description of those changes that affect the largest number of

passengers; (e) where such change involves a change in the nature of a

route, contain, to the extent practicable, a clear graphic illustration

of such change or changes; and (f) where such change involves a partial

or complete station closing, such notice shall be posted at the affected

station with a clear graphic illustration depicting the nature of any

closing for such station.