§ 58 — Functions and duties

§ 58. Functions and duties. The inspector general of New York for\ntransportation shall have the following duties and responsibilities:\n 1. receive, investigate, and prosecute complaints from any source, or\nupon his or her own initiative, concerning allegations of corruption,\nconflicts of interest, fraud, waste and abuse, recusals or failure to\nrecuse, or criminal activity regarding any transportation entity,\nconduct or activity or failure to act by any individuals involved at a\nsenior level in operations, financing or management or managerial\nappointee or managerial employee of a transportation entity occurring\nbefore or after the effective date of the chapter of the laws of two\nthousand seventeen that added this article, in violation of New York law\nand occurring in New York;\n 2. inform the transportation entity of such allegations and the\nprogress of investigations related thereto, unless special circumstances\nrequire confidentiality, provided that the inspector general shall\nmaintain a written record that specifies the reason confidentiality is\nnecessary under this paragraph;\n 3. issue a subpoena or subpoenas requiring a person or persons to\nappear before the grand jury, trial court, produce documents, provide a\nsworn statement under oath and be examined in reference to any matter\nwithin the jurisdiction of the inspector general. A subpoena issued\nunder this section shall be governed by article twenty-three of the\ncivil practice law and rules or articles one hundred ninety or six\nhundred ten of the criminal procedure law. The inspector general or his\nor her deputy or any person designated in writing by them may administer\nan oath to a witness in any such investigation or prosecution and may\nseek to confer immunity for compelled testimony pursuant to article\nfifty of the criminal procedure law;\n 4. determine with respect to such allegations whether to initiate\ncivil or criminal prosecution, or make a referral for further\ninvestigation by an appropriate federal, state or local agency or any\nother office of inspector general as is warranted, and to assist in such\ninvestigations; and\n 5. prepare and release to the public written reports of such\ninvestigations, as appropriate and to the extent permitted by law,\nsubject to redaction to protect the confidentiality of witnesses. The\nrelease of all or portions of such reports may be deferred to protect\nthe confidentiality of ongoing investigations, provided that the\ninspector general shall maintain a written record that specifies the\nreason confidentiality is necessary under this subdivision.\n