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SECTION 1263
Metropolitan transportation authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1263. Metropolitan transportation authority. 1. * (a) (1) There is
hereby created the "metropolitan transportation authority." The
authority shall be a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman, sixteen
other voting members, and two non-voting and four alternate non-voting
members, as described in subparagraph two of this paragraph appointed by
the governor by and with the advice and consent of the senate. Any
member appointed to a term commencing on or after June thirtieth, two
thousand nine shall have experience in one or more of the following
areas: transportation, public administration, business management,
finance, accounting, law, engineering, land use, urban and regional
planning, management of large capital projects, labor relations, or have
experience in some other area of activity central to the mission of the
authority. Four of the sixteen voting members other than the chairman
shall be appointed on the written recommendation of the mayor of the
city of New York; and each of seven other voting members other than the
chairman shall be appointed after selection from a written list of three
recommendations from the chief executive officer of the county in which
the particular member is required to reside pursuant to the provisions
of this subdivision. Of the members appointed on recommendation of the
chief executive officer of a county, one such member shall be, at the
time of appointment, a resident of the county of Nassau, one a resident
of the county of Suffolk, one a resident of the county of Westchester,
one a resident of the county of Dutchess, one a resident of the county
of Orange, one a resident of the county of Putnam and one a resident of
the county of Rockland, provided that the term of any member who is a
resident of a county that has withdrawn from the metropolitan commuter
transportation district pursuant to section twelve hundred
seventy-nine-b of this title shall terminate upon the effective date of
such county's withdrawal from such district. Of the five voting members,
other than the chairman, appointed by the governor without
recommendation from any other person, three shall be, at the time of
appointment, residents of the city of New York and two shall be, at the
time of appointment, residents of such city or of any of the
aforementioned counties in the metropolitan commuter transportation
district. Provided however, notwithstanding the foregoing residency
requirement, one of the five voting members appointed by the governor
without recommendation from any other person, other than the chairman,
may be the director of the New York state division of the budget, and
provided further that, in the event of such appointment, the budget
director's membership in the authority shall be deemed ex-officio. The
chairman and each of the members shall be appointed for a term of six
years, provided however, that the chairman first appointed shall serve
for a term ending June thirtieth, nineteen hundred eighty-one, provided
that thirty days after the effective date of the chapter of the laws of
two thousand nine which amended this subparagraph, the term of the
chairman shall expire; provided, further, that such chairman may
continue to discharge the duties of his or her office until the position
of chairman is filled by appointment by the governor upon the advice and
consent of the senate and the term of such new chairman shall terminate
June thirtieth, two thousand fifteen. The sixteen other members first
appointed shall serve for the following terms: The members from the
counties of Nassau and Westchester shall each serve for a term ending
June thirtieth, nineteen hundred eighty-five; the members from the
county of Suffolk and from the counties of Dutchess, Orange, Putnam and
Rockland shall each serve for a term ending June thirtieth, nineteen
hundred ninety-two; two of the members appointed on recommendation of
the mayor of the city of New York shall each serve for a term ending
June thirtieth, nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred eighty-one; two of
the members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred eighty-two, two shall each serve for a term ending June
thirtieth, nineteen hundred eighty and one shall serve for a term ending
June thirtieth, nineteen hundred eighty-five. The two non-voting and
four alternate non-voting members shall serve until January first, two
thousand one. The members from the counties of Dutchess, Orange, Putnam
and Rockland shall cast one collective vote.

(2) There shall be two non-voting members and four alternate
non-voting members of the authority, as referred to in subparagraph one
of this paragraph.

The first non-voting member shall be a regular mass transit user of
the facilities of the authority and be recommended to the governor by
the New York city transit authority advisory council. The first
alternate non-voting member shall be a regular mass transit user of the
facilities of the authority and be recommended to the governor by the
Metro-North commuter council. The second alternate non-voting member
shall be a regular mass transit user of the facilities of the authority
and be recommended to the governor by the Long Island Rail Road
commuter's council.

The second non-voting member shall be recommended to the governor by
the labor organization representing the majority of employees of the
Long Island Rail Road. The third alternate non-voting member shall be
recommended to the governor by the labor organization representing the
majority of employees of the New York city transit authority. The fourth
alternate non-voting member shall be recommended to the governor by the
labor organization representing the majority of employees of the
Metro-North Commuter Railroad Company. The chairman of the authority, at
his direction, may exclude such non-voting member or alternate
non-voting member from attending any portion of a meeting of the
authority or of any committee established pursuant to paragraph (b) of
subdivision four of this section held for the purpose of discussing
negotiations with labor organizations.

The non-voting member and the two alternate non-voting members
representing the New York York city transit authority advisory council,
the Metro-North commuter council, and the Long Island Rail Road
commuter's council shall serve eighteen month rotating terms, after
which time an alternate non-voting member shall become the non-voting
member and the rotation shall continue until each alternate member has
served at least one eighteen month term as a non-voting member. The
other non-voting member and alternate non-voting members representing
the New York city transit authority, Metro-North Commuter Railroad
Company, and the Long Island Rail Road labor organizations shall serve
eighteen month rotating terms, after which time an alternate non-voting
member shall become the non-voting member and the rotation shall
continue until each alternate member has served at least one eighteen
month term as a non-voting member. The transit authority and the
commuter railroads shall not be represented concurrently by the two
non-voting members during any such eighteen month period.

* NB Effective until June 30, 2024

* (a) There is hereby created the "metropolitan transportation
authority." The authority shall be a body corporate and politic
constituting a public benefit corporation. The authority shall consist
of a chairman and sixteen other members appointed by the governor by and
with the advice and consent of the senate. Any member appointed to a
term commencing on or after June thirtieth, two thousand nine shall have
experience in one or more of the following areas of expertise:
transportation, public administration, business management, finance,
accounting, law, engineering, land use, urban and regional planning,
management of large capital projects, labor relations, or have
experience in some other area of activity central to the mission of the
authority. Four of the sixteen members other than the chairman shall be
appointed on the written recommendation of the mayor of the city of New
York; and each of seven other members other than the chairman shall be
appointed after selection from a written list of three recommendations
from the chief executive officer of the county in which the particular
member is required to reside pursuant to the provisions of this
subdivision. Of the members appointed on recommendation of the chief
executive officer of a county, one such member shall be, at the time of
appointment, a resident of the county of Nassau; one a resident of the
county of Suffolk; one a resident of the county of Westchester; and one
a resident of the county of Dutchess, one a resident of the county of
Orange, one a resident of the county of Putnam and one a resident of the
county of Rockland, provided that the term of any member who is a
resident of a county that has withdrawn from the metropolitan commuter
transportation district pursuant to section twelve hundred
seventy-nine-b of this title shall terminate upon the effective date of
such county's withdrawal from such district. Of the five members, other
than the chairman, appointed by the governor without recommendation from
any other person, three shall be, at the time of appointment, residents
of the city of New York and two shall be, at the time of appointment,
residents of such city or of any of the aforementioned counties in the
metropolitan commuter transportation district. Provided however,
notwithstanding the foregoing residency requirement, one of the five
voting members appointed by the governor without recommendation from any
other person, other than the chairman, may be the director of the New
York state division of the budget, and provided further that, in the
event of such appointment, the budget director's membership in the
authority shall be deemed ex-officio. The chairman and each of the
members shall be appointed for a term of six years, provided however,
that the chairman first appointed shall serve for a term ending June
thirtieth, nineteen hundred eighty-one, provided that thirty days after
the effective date of the chapter of the laws of two thousand nine which
amended this paragraph, the term of the chairman shall expire; provided,
further, that such chairman may continue to discharge the duties of his
office until the position of chairman is filled by appointment by the
governor upon the advice and consent of the senate and the term of such
new chairman shall terminate June thirtieth, two thousand fifteen. The
sixteen other members first appointed shall serve for the following
terms: The members from the counties of Nassau and Westchester shall
each serve for a term ending June thirtieth, nineteen hundred
eighty-five; the members from the county of Suffolk and from the
counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
term ending June thirtieth, nineteen hundred ninety-two; two of the
members appointed on recommendation of the mayor of the city of New York
shall each serve for a term ending June thirtieth, nineteen hundred
eighty-four and, two shall each serve for a term ending June thirtieth,
nineteen hundred eighty-one; two of the members appointed by the
governor without the recommendation of any other person shall each serve
for a term ending June thirtieth, nineteen hundred eighty-two, two shall
each serve for a term ending June thirtieth, nineteen hundred eighty and
one shall serve for a term ending June thirtieth, nineteen hundred
eighty-five. The members from the counties of Dutchess, Orange, Putnam
and Rockland shall cast one collective vote.

* NB Effective June 30, 2024

(a-1) The mayor of the city of New York shall, no later than April
first, nineteen hundred ninety-one, develop and submit to the governor,
the temporary president of the senate and the speaker of the assembly, a
plan detailing how the four appointments to the metropolitan
transportation authority board made by the governor upon the written
recommendation of the mayor can be utilized to ensure that each county
within the city of New York is represented on such board.

(b) Vacancies occurring otherwise than by expiration of term shall be
filled in the same manner as original appointments for the balance of
the unexpired term, provided, however, that in the event of a vacancy
caused by the death, resignation, removal, or disability of the
chairman, the vacancy shall be filled by the governor by and with the
advice and consent of the senate for the unexpired term. Notwithstanding
any other provision of law to the contrary, the governor shall designate
an acting chairman for a period not to exceed six months or until a
successor chairman has been confirmed by the senate, whichever comes
first. Upon the expiration of the six-month term, if the governor has
nominated a successor chairman, but the senate has not acted upon the
nomination, the acting chair can continue to serve as acting chair for
an additional ninety days or until the governor's successor chair
nomination is confirmed by the senate, whichever comes first.

(c) (i) Notwithstanding any inconsistent provision of this section,
the term of any member shall expire upon the expiration of the term in
office being served by the county elected official upon whose
recommendation they were appointed; provided, however, that in such
circumstance such member may serve as a holdover appointee for sixty
days, or until such time as a new member is appointed, whichever is
less. The term of any member appointed to replace such a holdover
appointee shall expire at the end of the term in office of the county
elected official upon whose recommendation such member was appointed. If
a county elected official leaves office because of death, resignation,
removal or disability, however, a member appointed upon such official's
recommendation shall continue to serve until such time as such county
elected office is filled, at which time such member will become a
holdover appointee and may serve for sixty days, or until such time as a
new member is appointed, whichever is less.

(ii) Notwithstanding any inconsistent provision of this section, the
term of any chairman or any member shall expire upon the expiration of
the term in office being served by the city or state elected official
upon whose recommendation they were appointed; provided, however, that
in such circumstance the chairman or such member may serve as a holdover
appointee until such time as a new chairman or member is appointed. The
term of any chairman or member appointed to replace such a holdover
appointee shall expire at the end of the term in office of the city or
state elected official upon whose recommendation such chairman or member
was appointed.

2. The chairman and the first vice chairman shall be paid a salary in
the amount determined by the authority; the other members shall not
receive a salary or other compensation. Each member, including the
chairman and the first vice chairman, shall be entitled to reimbursement
for actual and necessary expenses incurred in the performance of his or
her official duties.

3. (a) A majority of the whole number of members of the authority then
in office shall constitute a quorum for the transaction of any business
or the exercise of any power of the authority. Except as otherwise
specified in this title, for the transaction of any business or the
exercise of any power of the authority, the authority shall have power
to act by a majority vote of the members present at any meeting at which
a quorum is in attendance and except further, that in the event of a tie
vote the chairman shall cast one additional vote.

(b) For purposes of determining the presence of a quorum, and for
purposes of participation on any committee or subcommittee, those
members who collectively cast a single vote pursuant to the provisions
of paragraph (a) of subdivision one of this section shall be considered
to be a single member, and the presence of such member shall be
determined as provided in this subdivision. Except as otherwise provided
in a by-law adopted as hereinafter provided, such single member
constituting those members entitled to a collective vote shall be deemed
present as a single member for purposes of a quorum if one or more of
the members then in office entitled to cast such collective vote is
present, and such collective vote shall be cast in accordance with the
majority agreement of the members entitled to a collective vote who are
present or in the event a single member entitled to a collective vote is
present it shall be cast by that member. To evidence the existence of
such majority agreement among the members entitled to a collective vote,
each such member shall be polled as to his vote and such poll shall be
recorded in the minutes. In the event a majority vote is not achieved by
the members entitled to a collective vote who are present, then the vote
shall not be cast. Nothing herein shall limit the right of an individual
member to participate in board meetings or in other activities of the
authority when the other members then in office entitled to collectively
cast a vote are not present. At any meeting of the authority at which
there is a quorum including all the members then in office entitled to
cast a collective vote, the authority may adopt a by-law or by-laws
regulating the casting of such collective vote, provided all members
then in office entitled to cast a collective vote affirmatively approve
such by-law or by-laws. Any action taken by the authority in accordance
with any such by-law or by-laws adopted pursuant to the provisions of
this paragraph shall take effect in the same manner as any other action
of the authority. Any such by-law or by-laws shall not provide for the
casting of any fractional vote. Nor shall such a by-law or by-laws
provide for the amendment, repeal or adoption in the future of such a
by-law or by-laws in a manner other than that set forth in this
paragraph.

(c) No provision of paragraph (b) of this subdivision relating to the
adoption of certain by-laws by the authority shall affect the manner in
which by-laws of the authority are adopted concerning any subject other
than the voting and presence for quorum purposes of the members from the
counties of Dutchess, Putnam, Orange and Rockland.

(d) Notwithstanding the provisions of paragraph (a) of subdivision one
of this section, any member appointed from the county of Dutchess,
Orange, Putnam or Rockland prior to the increase in the number of
members of the authority to include a member from each such county shall
continue in office as the member from such counties pursuant to section
five of the public officers law until the appointment and confirmation
of all of the new members from such counties pursuant to the provisions
of this section, and no individual member exercising a collective vote
appointed and confirmed pursuant to paragraph (a) of subdivision one of
this section shall take office until all such new members are appointed
and confirmed.

4. (a) Notwithstanding any provision of law to the contrary, the
chairman shall be the chief executive officer of the authority and shall
be responsible for the discharge of the executive and administrative
functions and powers of the authority. The chairman may appoint an
executive director and such other officials and employees as shall in
his or her judgment be needed to discharge the executive and
administrative functions and powers of the authority.

* (b) The chairman shall establish committees to assist him in the
performance of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be a committee on
operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
transit operating authority; a committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a
committee on operations of the Metro-North commuter railroad; a
committee on operations of the Triborough bridge and tunnel authority; a
committee on finance; a committee on capital program oversight; and a
committee on safety. In addition to such appointed members, each of the
non-voting members referred to in subparagraph two of paragraph (a) of
subdivision one of this section shall serve on the committee on capital
program oversight, the committee on finance, the committee on safety,
the committee on operations of the Triborough bridge and tunnel
authority, and the operations committee relevant to the commuter council
that recommended such member. The alternate non-voting members shall
each serve on the respective operations committee relevant to the
commuter council that recommended each member. The committee on capital
program oversight and the committee on safety shall include not less
than three members, and shall include the chairpersons of the committee
on operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
transit operating authority, the committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority, and the
committee on operations of the Metro-North commuter railroad. The
committee on safety shall convene at least once annually and each
committee chairperson, that is a member of the committee on safety,
shall report to the committee on safety any and all initiatives,
concerns, improvements, or failures involving the safety of: (1)
customers; (2) employees; and (3) the public at large, in relation to
authority facilities and services. The capital program committee shall,
with respect to any approved or proposed capital program plans, (i)
monitor the current and future availability of funds to be utilized for
such plans approved or proposed to be submitted to the metropolitan
transportation capital program review board as provided in section
twelve hundred sixty-nine-b of this title; (ii) monitor the contract
awards of the metropolitan transportation authority and the New York
city transit authority to insure that such awards are consistent with
(A) provisions of law authorizing United States content and New York
state content; (B) collective bargaining agreements; (C) provisions of
law providing for participation by minority and women-owned businesses;
(D) New York state labor laws; (E) competitive bidding requirements
including those regarding sole source contracts; and (F) any other
relevant requirements established by law; (iii) monitor the award of
contracts to determine if such awards are consistent with the manner in
which the work was traditionally performed in the past provided,
however, that any such determination shall not be admissible as evidence
in any arbitration or judicial proceeding; (iv) review the relationship
between capital expenditures pursuant to each such capital program plan
and current and future operating budget requirements; (v) monitor the
progress of capital elements described in each capital program plan
approved as provided in section twelve hundred sixty-nine-b of this
title; (vi) monitor the expenditures incurred and to be incurred for
each such element; and (vii) identify capital elements not progressing
on schedule, ascertain responsibility therefor and recommend those
actions required or appropriate to accelerate their implementation. The
capital program committee shall issue a quarterly report on its
activities and findings, and shall in connection with the preparation of
such quarterly report, consult with the state division of the budget,
the state department of transportation, the members of the metropolitan
transportation authority capital program review board and any other
group the committee deems relevant, including public employee
organizations, and, at least annually, with a nationally recognized
independent transit engineering firm. Such report shall be made
available to the members of the authority, to the members of the
metropolitan transportation authority capital program review board, and
the directors of the municipal assistance corporation for the city of
New York.

* NB Effective until June 30, 2024

* (b) The chairman shall establish committees to assist him in the
performance of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be a committee on
operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
transit operating authority; a committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a
committee on operations of the Metro-North commuter railroad; a
committee on operations of the Triborough bridge and tunnel authority; a
committee on finance; a committee on capital program oversight; and a
committee on safety. The committee on capital program oversight shall
include not less than four members, and shall include the chairpersons
of the committee on operations of the New York city transit authority,
the Manhattan and Bronx surface transit operating authority and the
Staten Island rapid transit operating authority, the committee on
operations of the Long Island Rail Road and the metropolitan suburban
bus authority, the committee on operations of the Metro-North commuter
railroad, and the committee on safety. The committee on safety shall
convene at least once annually and each committee chairperson, that is a
member of the committee on safety, shall report to the committee on
safety any and all initiatives, concerns, improvements, or failures
involving the safety of: (1) customers; (2) employees; and (3) the
public at large, in relation to authority facilities and services. The
capital program committee shall, with respect to any approved or
proposed capital program plans, (i) monitor the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted to the metropolitan transportation capital program
review board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan
transportation authority and the New York city transit authority to
insure that such awards are consistent with (A) provisions of law
authorizing United States content and New York state content; (B)
collective bargaining agreements; (C) provisions of law providing for
participation by minority and women-owned businesses; (D) New York state
labor laws; (E) competitive bidding requirements including those
regarding sole source contracts; and (F) any other relevant requirements
established by law; (iii) monitor the award of contracts to determine if
such awards are consistent with the manner in which the work was
traditionally performed in the past provided, however, that any such
determination shall not be admissible as evidence in any arbitration or
judicial proceeding; (iv) review the relationship between capital
expenditures pursuant to each such capital program plan and current and
future operating budget requirements; (v) monitor the progress of
capital elements described in each capital program plan approved as
provided in section twelve hundred sixty-nine-b of this title; (vi)
monitor the expenditures incurred and to be incurred for each such
element; and (vii) identify capital elements not progressing on
schedule, ascertain responsibility therefor and recommend those actions
required or appropriate to accelerate their implementation. The capital
program committee shall issue a quarterly report on its activities and
findings, and shall in connection with the preparation of such quarterly
report, consult with the state division of the budget, the state
department of transportation, the members of the metropolitan
transportation authority capital program review board and any other
group the committee deems relevant, including public employee
organizations, and, at least annually, with a nationally recognized
independent transit engineering firm. Such report shall be made
available to the members of the authority, to the members of the
metropolitan transportation authority capital program review board, and
the directors of the municipal assistance corporation for the city of
New York.

* NB Effective June 30, 2024

(c) The chairman shall ensure that at every meeting of the board and
at every meeting of each committee the public shall be allotted a period
of time, not less than thirty minutes, to speak on any topic on the
agenda.

(d) Notwithstanding paragraph (c) of subdivision one of section
twenty-eight hundred twenty-four of this chapter or any other provision
of law to the contrary, the chairman shall not participate in
establishing authority policies regarding the payment of salary,
compensation and reimbursement to, nor establish rules for the time and
attendance of, the chief executive officer. The salary of the chairman,
as determined pursuant to subdivision two of this section, shall also be
compensation for all services performed as chief executive officer.

5. The authority shall be a "state agency" for the purposes of
sections seventy-three and seventy-four of the public officers law.

6. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state, or
of any public corporation as defined in the general corporation law,
shall be deemed to have forfeited or shall forfeit his office or
employment or any benefits provided under the retirement and social
security law or under any public retirement system maintained by the
state or any of its subdivisions by reason of his acceptance of
membership on or chairmanship of the authority; provided, however, a
member or chairman who holds such other public office or employment
shall receive no additional compensation for services rendered pursuant
to this title, but shall be entitled to reimbursement for his actual and
necessary expenses incurred in the performance of such services.

7. The governor may remove any member for inefficiency, neglect of
duty, breach of fiduciary duty or misconduct in office after giving the
member a copy of the charges against the member and an opportunity to be
heard, in person or by counsel in the member's defense, upon not less
than ten days' notice. If any member shall be so removed, the governor
shall file in the office of the department of state a complete statement
of charges made against such member, and his findings thereon, together
with a complete record of the proceedings.

8. The authority shall continue so long as it shall have bonds or
other obligations outstanding and until its existence shall be
terminated by law. Upon the termination of the existence of the
authority, all its rights and properties shall pass to and be vested in
the state.

9. Whenever the authority causes notices of hearings on proposed
changes in services or fares to be posted pursuant to this section or
any statute, regulation, or authority policy, or where it voluntarily
posts such notices, such notices shall: (a) be written in a clear and
coherent manner using words with common and every day meaning; (b) be
captioned in large point type bold lettering with a title that fairly
and accurately conveys the basic nature of such change or changes; (c)
where such change involves a proposed change in levels of fare, include
in its title the range of amounts of fare changes under consideration;
(d) contain, to the extent practicable, a concise description of the
specific nature of the change or changes, including but not limited to a
concise description of those changes that affect the largest number of
passengers; (e) where such change involves a change in the nature of a
route, contain, to the extent practicable, a clear graphic illustration
of such change or changes; and (f) where such change involves a partial
or complete station closing, such notice shall be posted at the affected
station with a clear graphic illustration depicting the nature of any
closing for such station.