§ 1279 — Metropolitan transportation authority inspector general

§ 1279. Metropolitan transportation authority inspector general. 1.\nThere is hereby created in the metropolitan transportation authority an\noffice of metropolitan transportation authority inspector general. The\ninspector general shall be appointed by the governor with the advice and\nconsent of the senate. The inspector general shall, prior to his\nappointment, have had at least ten years experience in the management of\ntransportation services, in auditing and investigation of governmental\noperations, or in services related to management and productivity\nimprovement. The term of office of the inspector general shall be five\nyears from the effective date of appointment, and he shall serve at the\npleasure of the governor. The salary of the inspector general shall be\ndetermined by the authority board.\n 2. The inspector general shall annually submit to the board of the\nmetropolitan transportation authority a budget request for the operation\nof the office. If the board disapproves any portion of such request and\nthe commissioner of transportation determines such disapproval to be\nunreasonable, such commissioner shall withhold from payments due such\nauthority, the amount so determined to be unreasonable and transfer such\namount to the office of the metropolitan transportation authority\ninspector general.\n 3. The inspector general shall have full and unrestricted access to\nall records, information, data, reports, plans, projections, matters,\ncontracts, memoranda, correspondence and any other materials of the\nauthority and its subsidiaries, the Long Island railroad, metro-north\nrailroad, metropolitan suburban bus authority and Staten Island rapid\ntransit operating authority, of the Triborough bridge and tunnel\nauthority, and of the New York city transit authority and its\nsubsidiary, the Manhattan and Bronx surface transit operating authority,\nor any other agency that may come under the control of the authority, or\nwithin their custody or control.\n 4. The inspector general, notwithstanding the provisions of title nine\nof this article and this title, and of title three of article three,\nshall have the following functions, powers and duties:\n (a) to receive and investigate complaints from any source or upon his\nown initiative concerning alleged abuses, frauds and service\ndeficiencies, including deficiencies in the maintenance and operation of\nfacilities, relating to the authority and its subsidiaries as listed in\nsubdivision two above, the Triborough bridge and tunnel authority and\nthe New York city transit authority and its subsidiary;\n (a-1) to receive and investigate complaints from any source, or upon\nhis or her own initiative, concerning allegations of corruption, fraud,\nuse of excessive force, criminal activity, conflicts of interest or\nabuse by any police officer under the jurisdiction of the office of the\nmetropolitan transportation authority and promptly inform the division\nof criminal justice services, in the form and manner as prescribed by\nthe division, of such allegations and the progress of investigations\nrelated thereto unless special circumstances require confidentiality.\nNothing in this paragraph shall require the division of criminal justice\nservices to participate in the investigation of such allegations or take\naction or prevent the division of criminal justice services from taking\naction authorized pursuant to subdivision three of section eight hundred\nforty-five of the executive law in the time and manner determined by the\ncommissioner of the division of criminal justice services.\n (b) to initiate such reviews as he may deem appropriate of the\noperations of the authority and its subsidiaries as listed in\nsubdivision two above, the Triborough bridge and tunnel authority, or\nthe New York city transit authority and its subsidiary, in order to\nidentify areas in which performance might be improved and available\nfunds used more effectively;\n (c) to recommend remedial actions to be taken by the authority and its\nsubsidiaries as listed in subdivision two of this section, the\nTriborough bridge and tunnel authority, and the New York city transit\nauthority and its subsidiary, to overcome or correct operating or\nmaintenance deficiencies and inefficiencies that he determines to exist;\n (d) to make available to appropriate law enforcement officials\ninformation and evidence which relate to criminal acts that he may\nobtain in carrying out his duties;\n (e) to subpoena witnesses, administer oaths or affirmations, take\ntestimony and compel the production of such books, papers, records and\ndocuments as he may deem to be relevant to any inquiry or investigation\nundertaken pursuant to this section and to delegate such powers to a\nduly authorized deputy inspector general;\n (f) to monitor the implementation by the authority and its\nsubsidiaries, the Triborugh bridge and tunnel authority and the New York\ncity transit authority and its subsidiary of recommendations made by the\ninspector general or other audit agencies; and\n (g) to do all things necessary to carry out the functions, powers and\nduties set forth in this section.\n 5. The inspector general shall cooperate, consult and coordinate with\nthe state public transportation safety board with regard to any activity\nconcerning the operations of the metropolitan transportation authority.\nWith respect to any accident on the facilities of the metropolitan\ntransportation authority, the primary responsibility for investigation\nshall be that of the board which shall share its findings with the\nmetropolitan transportation authority inspector general.\n 6. The inspector general shall make annual public reports on his\nfindings and recommendations. Such a report shall be filed in the office\nof the governor and with the legislature on or before the first day of\nFebruary for the preceding year. The metropolitan transportation\nauthority and its applicable constituent agencies shall prepare a\nresponse to the annual report and to any and all other final reports\nmade by the inspector general within thirty days of receipt, which time\nmay be extended by the inspector general in his discretion, indicating\nwhether such authority intends to implement the recommendations in such\nreports, and, if not, why not. In addition, the metropolitan\ntransportation authority and its applicable constituent agencies shall\ngive quarterly reports to the inspector general outlining the status of\neach of the recommendations made by the inspector general in his final\nreports. Copies of all of these reports shall be sent to the governor,\nthe temporary president of the senate, the speaker of the assembly, the\nchairman of the senate transportation committee, the chairman of the\nsenate finance committee, the chairman of the assembly corporations,\nauthorities and commissions committee and the chairman of the assembly\nways and means committee.\n 7. To effectuate the purposes of this section, the inspector general\nmay request from any department, board, bureau, commission, office or\nother agency of the state, or of any of its political subdivisions, such\ncooperation, assistance, services and data as will enable him to carry\nout his functions, powers and duties hereunder, and they are authorized\nand directed to provide said cooperation, assistance, services and data.\n