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SECTION 1279
Metropolitan transportation authority inspector general
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1279. Metropolitan transportation authority inspector general. 1.
There is hereby created in the metropolitan transportation authority an
office of metropolitan transportation authority inspector general. The
inspector general shall be appointed by the governor with the advice and
consent of the senate. The inspector general shall, prior to his
appointment, have had at least ten years experience in the management of
transportation services, in auditing and investigation of governmental
operations, or in services related to management and productivity
improvement. The term of office of the inspector general shall be five
years from the effective date of appointment, and he shall serve at the
pleasure of the governor. The salary of the inspector general shall be
determined by the authority board.

2. The inspector general shall annually submit to the board of the
metropolitan transportation authority a budget request for the operation
of the office. If the board disapproves any portion of such request and
the commissioner of transportation determines such disapproval to be
unreasonable, such commissioner shall withhold from payments due such
authority, the amount so determined to be unreasonable and transfer such
amount to the office of the metropolitan transportation authority
inspector general.

3. The inspector general shall have full and unrestricted access to
all records, information, data, reports, plans, projections, matters,
contracts, memoranda, correspondence and any other materials of the
authority and its subsidiaries, the Long Island railroad, metro-north
railroad, metropolitan suburban bus authority and Staten Island rapid
transit operating authority, of the Triborough bridge and tunnel
authority, and of the New York city transit authority and its
subsidiary, the Manhattan and Bronx surface transit operating authority,
or any other agency that may come under the control of the authority, or
within their custody or control.

4. The inspector general, notwithstanding the provisions of title nine
of this article and this title, and of title three of article three,
shall have the following functions, powers and duties:

(a) to receive and investigate complaints from any source or upon his
own initiative concerning alleged abuses, frauds and service
deficiencies, including deficiencies in the maintenance and operation of
facilities, relating to the authority and its subsidiaries as listed in
subdivision two above, the Triborough bridge and tunnel authority and
the New York city transit authority and its subsidiary;

(a-1) to receive and investigate complaints from any source, or upon
his or her own initiative, concerning allegations of corruption, fraud,
use of excessive force, criminal activity, conflicts of interest or
abuse by any police officer under the jurisdiction of the office of the
metropolitan transportation authority and promptly inform the division
of criminal justice services, in the form and manner as prescribed by
the division, of such allegations and the progress of investigations
related thereto unless special circumstances require confidentiality.
Nothing in this paragraph shall require the division of criminal justice
services to participate in the investigation of such allegations or take
action or prevent the division of criminal justice services from taking
action authorized pursuant to subdivision three of section eight hundred
forty-five of the executive law in the time and manner determined by the
commissioner of the division of criminal justice services.

(b) to initiate such reviews as he may deem appropriate of the
operations of the authority and its subsidiaries as listed in
subdivision two above, the Triborough bridge and tunnel authority, or
the New York city transit authority and its subsidiary, in order to
identify areas in which performance might be improved and available
funds used more effectively;

(c) to recommend remedial actions to be taken by the authority and its
subsidiaries as listed in subdivision two of this section, the
Triborough bridge and tunnel authority, and the New York city transit
authority and its subsidiary, to overcome or correct operating or
maintenance deficiencies and inefficiencies that he determines to exist;

(d) to make available to appropriate law enforcement officials
information and evidence which relate to criminal acts that he may
obtain in carrying out his duties;

(e) to subpoena witnesses, administer oaths or affirmations, take
testimony and compel the production of such books, papers, records and
documents as he may deem to be relevant to any inquiry or investigation
undertaken pursuant to this section and to delegate such powers to a
duly authorized deputy inspector general;

(f) to monitor the implementation by the authority and its
subsidiaries, the Triborugh bridge and tunnel authority and the New York
city transit authority and its subsidiary of recommendations made by the
inspector general or other audit agencies; and

(g) to do all things necessary to carry out the functions, powers and
duties set forth in this section.

5. The inspector general shall cooperate, consult and coordinate with
the state public transportation safety board with regard to any activity
concerning the operations of the metropolitan transportation authority.
With respect to any accident on the facilities of the metropolitan
transportation authority, the primary responsibility for investigation
shall be that of the board which shall share its findings with the
metropolitan transportation authority inspector general.

6. The inspector general shall make annual public reports on his
findings and recommendations. Such a report shall be filed in the office
of the governor and with the legislature on or before the first day of
February for the preceding year. The metropolitan transportation
authority and its applicable constituent agencies shall prepare a
response to the annual report and to any and all other final reports
made by the inspector general within thirty days of receipt, which time
may be extended by the inspector general in his discretion, indicating
whether such authority intends to implement the recommendations in such
reports, and, if not, why not. In addition, the metropolitan
transportation authority and its applicable constituent agencies shall
give quarterly reports to the inspector general outlining the status of
each of the recommendations made by the inspector general in his final
reports. Copies of all of these reports shall be sent to the governor,
the temporary president of the senate, the speaker of the assembly, the
chairman of the senate transportation committee, the chairman of the
senate finance committee, the chairman of the assembly corporations,
authorities and commissions committee and the chairman of the assembly
ways and means committee.

7. To effectuate the purposes of this section, the inspector general
may request from any department, board, bureau, commission, office or
other agency of the state, or of any of its political subdivisions, such
cooperation, assistance, services and data as will enable him to carry
out his functions, powers and duties hereunder, and they are authorized
and directed to provide said cooperation, assistance, services and data.