S T A T E O F N E W Y O R K
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5109
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
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Introduced by M. of A. BRENNAN, JACOBS, ROSENTHAL, CUSICK, TITONE,
MAISEL, LAVINE, MILLER, COOK, SCARBOROUGH, V. LOPEZ, JAFFEE -- Multi-
Sponsored by -- M. of A. FARRELL, GLICK, GOTTFRIED, HIKIND, LENTOL,
MOSLEY, MOYA, NOLAN, QUART, SOLAGES, STEVENSON, WEISENBERG -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
AN ACT to amend the public authorities law, in relation to establishing
an office of the ombudsperson for the purpose of receiving and resolv-
ing complaints affecting mass transit users of the facilities of the
metropolitan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1266-j to read as follows:
S 1266-J. METROPOLITAN TRANSPORTATION AUTHORITY RIDER'S BILL OF
RIGHTS. 1. ALL USERS OF THE MASS TRANSIT FACILITIES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY SHALL HAVE:
(A) THE RIGHT TO SAFE, RELIABLE, AND CLEAN TRANSIT FACILITIES, INCLUD-
ING TRAINS, BUSES, SUBWAY CARS, COMMUTER RAIL COACHES, TRANSIT STATIONS
AND OTHER PASSENGER FACILITIES;
(B) THE RIGHT TO HAVE EMPLOYEES OF THE METROPOLITAN TRANSPORTATION
AUTHORITY AVAILABLE AT MULTI-TRAIN OR MULTI-BUS STATIONS OR STOPS TO
PROVIDE INFORMATION AND RESPOND TO EMERGENCIES;
(C) THE RIGHT TO BE TREATED COURTEOUSLY, AND WITH DIGNITY AND RESPECT,
FROM ALL EMPLOYEES OF THE METROPOLITAN TRANSPORTATION AUTHORITY;
(D) THE RIGHT TO REASONABLE EXPECTATIONS THAT TRAINS, BUSES, SUBWAYS
OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY WILL OPERATE ON
TIME. IF A TRAIN, BUS, SUBWAY OR COMMUTER RAIL COACH IS SIGNIFICANTLY
DELAYED, UPDATED SERVICE INFORMATION WILL BE MADE AVAILABLE VIA INTER-
NET, EMAIL OR TEXT MESSAGE TO MASS TRANSIT USERS, PUBLIC ADDRESS
ANNOUNCEMENTS ON SUBWAY PLATFORMS, AND ELECTRONIC MESSAGE BOARDS ON
STATIONS OR PLATFORMS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07348-02-3
A. 5109 2
(E) THE RIGHT TO CLEAR, INTELLIGIBLE AND TIMELY ANNOUNCEMENTS ON
TRAINS, BUSES, SUBWAYS, COMMUTER RAIL COACHES, AND IN STATIONS AND PLAT-
FORMS;
(F) THE RIGHT TO BE KEPT INFORMED OF METROPOLITAN TRANSPORTATION
AUTHORITY ACTIONS OR DECISIONS THAT WILL HAVE A SUBSTANTIAL IMPACT OF
THE FREQUENCY, SAFETY OR RELIABILITY OF AUTHORITY FACILITIES;
(G) THE RIGHT TO A SIMPLE, DIRECT AND TRANSPARENT PROCESS TO ALLOW
RIDERS TO COMMUNICATE THEIR CONCERNS, PROBLEMS OR COMPLAINTS TO THE
METROPOLITAN TRANSPORTATION AUTHORITY. INFORMATION REGARDING THIS PROC-
ESS SHALL BE PROMINENTLY DISPLAYED IN ALL FACILITIES OF THE AUTHORITY,
INCLUDING ITS TRAINS, BUSES, SUBWAYS, COMMUTER RAIL COACHES AND
STATIONS.
2. THE AUTHORITY SHALL ENSURE THAT THE MASS TRANSIT USERS AND THE
GENERAL PUBLIC ARE FULLY INFORMED AND MADE AWARE OF THE BILL OF RIGHTS,
INCLUDING PROMINENTLY DISPLAYING OR POSTING THE BILL OF RIGHTS ON
TRAINS, BUSES, SUBWAYS, COMMUTER RAIL COACHES AND STATIONS OPERATED BY
THE AUTHORITY. THE BILL OF RIGHTS SHALL BE WRITTEN IN ENGLISH, SPANISH
AND SUCH OTHER LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRI-
ATE.
S 2. The public authorities law is amended by adding a new section
1279-d to read as follows:
S 1279-D. OFFICE OF THE OMBUDSPERSON. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR" SHALL MEAN THE INDIVIDUAL
APPOINTED TO SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY
PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF
THIS TITLE.
2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
TY AN OFFICE OF THE OMBUDSPERSON FOR THE PURPOSE OF RECEIVING AND
RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE FACILITIES OF
THE AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPROPRI-
ATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
3. DIRECTOR. (A) THE EXECUTIVE DIRECTOR SHALL APPOINT A FULL-TIME
DIRECTOR TO ADMINISTER AND SUPERVISE THE OFFICE FROM A LIST OF CANDI-
DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
(B) THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH EXPER-
TISE AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER QUALIFICA-
TIONS DETERMINED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE TO BE
APPROPRIATE FOR THE POSITION.
(C) THE DIRECTOR SHALL BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES AND RESPONSI-
BILITIES OF THE OFFICE.
(D) THE DIRECTOR SHALL:
(I) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF THE FACILITIES OF
THE AUTHORITY AND THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR RIGHTS OF SUCH
USERS; AND
(II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
TRANSIT USERS IN PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS OF SUCH USERS
BEFORE GOVERNMENTAL AGENCIES AND SEEKING APPROPRIATE ADMINISTRATIVE,
LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE, SAFETY, HEALTH AND
RIGHTS.
(E) THE BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
A. 5109 3
4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE DIRECTOR
SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS SHALL BE
RESOLVED WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
(B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF THE COMPLAINANT
THAT MADE A COMPLAINT TO THE OMBUDSPERSON UNLESS:
(I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN
CONSENT TO THE OMBUDSPERSON; OR
(II) PURSUANT TO A COURT ORDER.
5. REPORTING REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
(I) DESCRIBING THE ACTIVITIES CARRIED OUT BY THE OFFICE DURING THE
PRIOR CALENDAR YEAR;
(II) CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS FOR THE
PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT PROBLEMS. THE REPORT
SHALL REPORT SEPARATELY ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
(III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE
BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
(IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
CITIZENS ADVISORY COMMITTEE, FOR:
(A) PROTECTING THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
TRANSIT AND PARATRANSIT USERS; AND
(B) APPROPRIATE STATE LEGISLATION, RULES AND REGULATIONS AND OTHER
ACTION TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
TRANSIT USERS; AND
(V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
(B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN THE
ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
CHAPTER.
6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
SIT USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE OMBUDSPERSON AND THE
COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
(I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
ON THE AUTHORITY'S WEBSITE;
(II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
(III) DISPLAYING PROMINENTLY THE EXISTENCE OF THE OFFICE AND THE
TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY THE
AUTHORITY.
(B) SUCH INFORMATION SHALL BE SET FORTH IN ENGLISH AND SUCH OTHER
LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
S 3. The metropolitan transportation authority shall, to the maximum
extent possible, resolve all complaints described in subdivision 2 of
section 1279-d of the public authorities law received by it prior to the
effective date of this act within 60 days after the effective date of
this act. Any unresolved complaints remaining with such authority on
such date shall be transferred, along with any documents and records
related thereto, to the office of the ombudsperson established by
section 1279-d of the public authorities law for resolution.
S 4. The appointment of the director authorized by paragraph (a) of
subdivision 3 of section 1279-d of the public authorities law shall be
made on or before the effective date of this act.
S 5. This act shall take effect six months after it shall have become
a law.