§ 56 — Jurisdiction

New York § 56

• Jurisdiction: New York
• Law EXC: Executive
• Art. 4-B: Office of the Inspector General of New York For Transportation

Text

§ 56. Jurisdiction. 1. This article shall, subject to the limitations\ncontained herein, confer upon the office of the inspector general of New\nYork for transportation investigative and prosecutorial power over\ncriminal and unethical conduct involving individuals serving at a senior\nlevel in operations, financing or management of a transportation entity\nlocated in a city of a population of one million or more where such\naction or actions occurred within the state; and investigative and\nprosecutorial power of criminal and unethical conduct involving\nmanagerial appointees or managerial employees of any transportation\nentity where such action or actions occurred within the state.\n 2. For the purposes of this article: (a) "transportation entity" shall\nmean any public entity located within a city of one million or more\ninvolved in the transportation of persons, goods or other items within\nor to and from the state of New York where at least one individual\ninvolved at a senior level in operations, financing or management of\nsuch entity is appointed by the governor;\n (b) "individuals involved at a senior level in operations, financing\nor management" shall mean individuals that exert full or partial control\nover formal actions taken by a transportation entity or on behalf of\nsuch entity, or exert independent judgment in the fulfillment of their\nduties and obligations, but shall not include individuals whose actions\nare of a routine or clerical nature; and\n (c) "managerial appointee" or "managerial employee" shall mean any\nindividual who (i) participates directly or as part of a team in\nformulating policy; (ii) may reasonably be required to assist directly\nin the preparation for and conduct of negotiations concerning major\nfiscal matters, procurements or expenditures in excess of one hundred\nthousand dollars provided that such role is not of a routine or clerical\nnature and requires the exercise of independent judgment; or (iii) has a\nmajor role in the administration of personnel agreements or in personnel\nadministration, provided that such role is not of a routine or clerical\nnature and requires the exercise of independent judgment.\n 3. Nothing contained in this section shall replace or diminish the\njurisdiction of the attorney general or any district attorney, or the\ninspector general of any transportation entity.\n 4. The inspector general shall be authorized to:\n (a) receive, investigate and prosecute complaints regarding any\nindividuals involved at a senior level in operations, financing or\nmanagement or managerial appointee or managerial employee of any\ntransportation entity concerning corruption, conflicts of interest,\nfraud, waste and abuse, recusals or failure to recuse, or criminal\nactivity in any case where such conduct, action or failure occurred\nbefore or after the effective date of the chapter of the laws of two\nthousand seventeen that added this article and where such conduct,\naction or failure occurred in New York;\n (b) represent the state in any administrative hearing or\nadministrative proceeding involving any criminal or unethical conduct of\nindividuals involved at a senior level in operations, financing or\nmanagement or a managerial appointee or managerial employee of a\ntransportation entity where such conduct occurred in New York; and\n (c) represent the state in civil actions involving any criminal or\nunethical conduct of individuals involved at a senior level in\noperations, financing or management or a managerial appointee or\nmanagerial employee of a transportation entity where such conduct\noccurred in New York.\n