N.Y. Rapid Transit Law § 14: Offices, assistants and employees

§ 14. Offices, assistants and employees. a. The board of

transportation may rent such offices for a period not to exceed

twenty-one years and employ such deputy commissioners, engineers,

attorneys and other persons, from time to time, as, in its discretion,

it may deem necessary to the proper performance by it of its duties as

prescribed in this chapter.

b. The board of transportation is empowered to organize an operating

division for the operation and maintenance of a publicly owned and

operated railroad, separate and distinct from the organization engaged

in planning and supervising the construction and equipment of railroads

prior to operation, and is hereby authorized to establish and specify

the duties and the regulations which shall govern the work and conduct

of employees in such division and the penalties which may be imposed for

disobedience of or violation of such regulations. Appointments and

promotion to any position in any class of employment in such division

shall be subject to the provisions of the civil service law. Employees

holding positions in such operating division shall be notified in

writing of any charge or accusation of dereliction of duty which is to

be considered by the board of transportation, and shall be allowed at

least five days for answering such charge in writing and be entitled to

a hearing thereon, at which he shall be entitled to be represented by a

person of his own choosing. If in the judgment of the board such charges

of delinquency or misconduct are sustained, such employee may be

suspended without pay for a period not to exceed thirty days, or may be

dismissed from such employment as provided in section twenty-two of the

civil service law. The board may temporarily suspend without pay any

such employee charged with dereliction of duty pending hearing on any

such charges, but if the board shall determine that such charges are not

sustained by the evidence adduced at the hearing thereon, the employee

so suspended shall be entitled to pay for the time of such temporary

suspension.