N.Y. Public Authorities Law § 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.