N.Y. Pub. Auth. Law § 1263

§ 1263. Metropolitan transportation authority. 1. * (a) (1) There is\nhereby created the "metropolitan transportation authority." The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The authority shall consist of a chairman, sixteen\nother voting members, and two non-voting and four alternate non-voting\nmembers, as described in subparagraph two of this paragraph appointed by\nthe governor by and with the advice and consent of the senate. Any\nmember appointed to a term commencing on or after June thirtieth, two\nthousand nine shall have experience in one or more of the following\nareas: transportation, public administration, business management,\nfinance, accounting, law, engineering, land use, urban and regional\nplanning, management of large capital projects, labor relations, or have\nexperience in some other area of activity central to the mission of the\nauthority. Four of the sixteen voting members other than the chairman\nshall be appointed on the written recommendation of the mayor of the\ncity of New York; and each of seven other voting members other than the\nchairman shall be appointed after selection from a written list of three\nrecommendations from the chief executive officer of the county in which\nthe particular member is required to reside pursuant to the provisions\nof this subdivision. Of the members appointed on recommendation of the\nchief executive officer of a county, one such member shall be, at the\ntime of appointment, a resident of the county of Nassau, one a resident\nof the county of Suffolk, one a resident of the county of Westchester,\none a resident of the county of Dutchess, one a resident of the county\nof Orange, one a resident of the county of Putnam and one a resident of\nthe county of Rockland, provided that the term of any member who is a\nresident of a county that has withdrawn from the metropolitan commuter\ntransportation district pursuant to section twelve hundred\nseventy-nine-b of this article shall terminate upon the effective date\nof such county's withdrawal from such district. Of the five voting\nmembers, other than the chairman, appointed by the governor without\nrecommendation from any other person, three shall be, at the time of\nappointment, residents of the city of New York and two shall be, at the\ntime of appointment, residents of such city or of any of the\naforementioned counties in the metropolitan commuter transportation\ndistrict. The chairman and each of the members shall be appointed for a\nterm of six years, provided however, that the chairman first appointed\nshall serve for a term ending June thirtieth, nineteen hundred\neighty-one, provided that thirty days after the effective date of the\nchapter of the laws of two thousand nine which amended this\nsubparagraph, the term of the chairman shall expire; provided, further,\nthat such chairman may continue to discharge the duties of his or her\noffice until the position of chairman is filled by appointment by the\ngovernor upon the advice and consent of the senate and the term of such\nnew chairman shall terminate June thirtieth, two thousand fifteen. The\nsixteen other members first appointed shall serve for the following\nterms: The members from the counties of Nassau and Westchester shall\neach serve for a term ending June thirtieth, nineteen hundred\neighty-five; the members from the county of Suffolk and from the\ncounties of Dutchess, Orange, Putnam and Rockland shall each serve for a\nterm ending June thirtieth, nineteen hundred ninety-two; two of the\nmembers appointed on recommendation of the mayor of the city of New York\nshall each serve for a term ending June thirtieth, nineteen hundred\neighty-four and, two shall each serve for a term ending June thirtieth,\nnineteen hundred eighty-one; two of the members appointed by the\ngovernor without the recommendation of any other person shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-two, two shall\neach serve for a term ending June thirtieth, nineteen hundred eighty and\none shall serve for a term ending June thirtieth, nineteen hundred\neighty-five. The two non-voting and four alternate non-voting members\nshall serve until January first, two thousand one. The members from the\ncounties of Dutchess, Orange, Putnam and Rockland shall cast one\ncollective vote.\n (2) There shall be two non-voting members and four alternate\nnon-voting members of the authority, as referred to in subparagraph one\nof this paragraph.\n The first non-voting member shall be a regular mass transit user of\nthe facilities of the authority and be recommended to the governor by\nthe New York city transit authority advisory council. The first\nalternate non-voting member shall be a regular mass transit user of the\nfacilities of the authority and be recommended to the governor by the\nMetro-North commuter council. The second alternate non-voting member\nshall be a regular mass transit user of the facilities of the authority\nand be recommended to the governor by the Long Island Rail Road\ncommuter's council.\n The second non-voting member shall be recommended to the governor by\nthe labor organization representing the majority of employees of the\nLong Island Rail Road. The third alternate non-voting member shall be\nrecommended to the governor by the labor organization representing the\nmajority of employees of the New York city transit authority. The fourth\nalternate non-voting member shall be recommended to the governor by the\nlabor organization representing the majority of employees of the\nMetro-North Commuter Railroad Company. The chairman of the authority, at\nhis direction, may exclude such non-voting member or alternate\nnon-voting member from attending any portion of a meeting of the\nauthority or of any committee established pursuant to paragraph (b) of\nsubdivision four of this section held for the purpose of discussing\nnegotiations with labor organizations.\n The non-voting member and the two alternate non-voting members\nrepresenting the New York York city transit authority advisory council,\nthe Metro-North commuter council, and the Long Island Rail Road\ncommuter's council shall serve eighteen month rotating terms, after\nwhich time an alternate non-voting member shall become the non-voting\nmember and the rotation shall continue until each alternate member has\nserved at least one eighteen month term as a non-voting member. The\nother non-voting member and alternate non-voting members representing\nthe New York city transit authority, Metro-North Commuter Railroad\nCompany, and the Long Island Rail Road labor organizations shall serve\neighteen month rotating terms, after which time an alternate non-voting\nmember shall become the non-voting member and the rotation shall\ncontinue until each alternate member has served at least one eighteen\nmonth term as a non-voting member. The transit authority and the\ncommuter railroads shall not be represented concurrently by the two\nnon-voting members during any such eighteen month period.\n * NB Effective until June 30, 2016\n * (a) There is hereby created the "metropolitan transportation\nauthority." The authority shall be a body corporate and politic\nconstituting a public benefit corporation. The authority shall consist\nof a chairman and sixteen other members appointed by the governor by and\nwith the advice and consent of the senate. Any member appointed to a\nterm commencing on or after June thirtieth, two thousand nine shall have\nexperience in one or more of the following areas of expertise:\ntransportation, public administration, business management, finance,\naccounting, law, engineering, land use, urban and regional planning,\nmanagement of large capital projects, labor relations, or have\nexperience in some other area of activity central to the mission of the\nauthority. Four of the sixteen members other than the chairman shall be\nappointed on the written recommendation of the mayor of the city of New\nYork; and each of seven other members other than the chairman shall be\nappointed after selection from a written list of three recommendations\nfrom the chief executive officer of the county in which the particular\nmember is required to reside pursuant to the provisions of this\nsubdivision. Of the members appointed on recommendation of the chief\nexecutive officer of a county, one such member shall be, at the time of\nappointment, a resident of the county of Nassau; one a resident of the\ncounty of Suffolk; one a resident of the county of Westchester; and one\na resident of the county of Dutchess, one a resident of the county of\nOrange, one a resident of the county of Putnam and one a resident of the\ncounty of Rockland, provided that the term of any member who is a\nresident of a county that has withdrawn from the metropolitan commuter\ntransportation district pursuant to section twelve hundred\nseventy-nine-b of this article shall terminate upon the effective date\nof such county's withdrawal from such district. Of the five members,\nother than the chairman, appointed by the governor without\nrecommendation from any other person, three shall be, at the time of\nappointment, residents of the city of New York and two shall be, at the\ntime of appointment, residents of such city or of any of the\naforementioned counties in the metropolitan commuter transportation\ndistrict. The chairman and each of the members shall be appointed for a\nterm of six years, provided however, that the chairman first appointed\nshall serve for a term ending June thirtieth, nineteen hundred\neighty-one, provided that thirty days after the effective date of the\nchapter of the laws of two thousand nine which amended this paragraph,\nthe term of the chairman shall expire; provided, further, that such\nchairman may continue to discharge the duties of his office until the\nposition of chairman is filled by appointment by the governor upon the\nadvice and consent of the senate and the term of such new chairman shall\nterminate June thirtieth, two thousand fifteen. The sixteen other\nmembers first appointed shall serve for the following terms: The members\nfrom the counties of Nassau and Westchester shall each serve for a term\nending June thirtieth, nineteen hundred eighty-five; the members from\nthe county of Suffolk and from the counties of Dutchess, Orange, Putnam\nand Rockland shall each serve for a term ending June thirtieth, nineteen\nhundred ninety-two; two of the members appointed on recommendation of\nthe mayor of the city of New York shall each serve for a term ending\nJune thirtieth, nineteen hundred eighty-four and, two shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-one; two of\nthe members appointed by the governor without the recommendation of any\nother person shall each serve for a term ending June thirtieth, nineteen\nhundred eighty-two, two shall each serve for a term ending June\nthirtieth, nineteen hundred eighty and one shall serve for a term ending\nJune thirtieth, nineteen hundred eighty-five. The members from the\ncounties of Dutchess, Orange, Putnam and Rockland shall cast one\ncollective vote.\n * NB Effective June 30, 2016\n (a-1) The mayor of the city of New York shall, no later than April\nfirst, nineteen hundred ninety-one, develop and submit to the governor,\nthe temporary president of the senate and the speaker of the assembly, a\nplan detailing how the four appointments to the metropolitan\ntransportation authority board made by the governor upon the written\nrecommendation of the mayor can be utilized to ensure that each county\nwithin the city of New York is represented on such board.\n (b) Vacancies occurring otherwise than by expiration of term shall be\nfilled in the same manner as original appointments for the balance of\nthe unexpired term.\n 2. The chairman and the first vice chairman shall be paid a salary in\nthe amount determined by the authority; the other members shall not\nreceive a salary or other compensation. Each member, including the\nchairman and the first vice chairman, shall be entitled to reimbursement\nfor actual and necessary expenses incurred in the performance of his or\nher official duties.\n 3. (a) A majority of the whole number of members of the authority then\nin office shall constitute a quorum for the transaction of any business\nor the exercise of any power of the authority. Except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority vote of the members present at any meeting at which\na quorum is in attendance and except further, that in the event of a tie\nvote the chairman shall cast one additional vote.\n (b) For purposes of determining the presence of a quorum, and for\npurposes of participation on any committee or subcommittee, those\nmembers who collectively cast a single vote pursuant to the provisions\nof paragraph (a) of subdivision one of this section shall be considered\nto be a single member, and the presence of such member shall be\ndetermined as provided in this subdivision. Except as otherwise provided\nin a by-law adopted as hereinafter provided, such single member\nconstituting those members entitled to a collective vote shall be deemed\npresent as a single member for purposes of a quorum if one or more of\nthe members then in office entitled to cast such collective vote is\npresent, and such collective vote shall be cast in accordance with the\nmajority agreement of the members entitled to a collective vote who are\npresent or in the event a single member entitled to a collective vote is\npresent it shall be cast by that member. To evidence the existence of\nsuch majority agreement among the members entitled to a collective vote,\neach such member shall be polled as to his vote and such poll shall be\nrecorded in the minutes. In the event a majority vote is not achieved by\nthe members entitled to a collective vote who are present, then the vote\nshall not be cast. Nothing herein shall limit the right of an individual\nmember to participate in board meetings or in other activities of the\nauthority when the other members then in office entitled to collectively\ncast a vote are not present. At any meeting of the authority at which\nthere is a quorum including all the members then in office entitled to\ncast a collective vote, the authority may adopt a by-law or by-laws\nregulating the casting of such collective vote, provided all members\nthen in office entitled to cast a collective vote affirmatively approve\nsuch by-law or by-laws. Any action taken by the authority in accordance\nwith any such by-law or by-laws adopted pursuant to the provisions of\nthis paragraph shall take effect in the same manner as any other action\nof the authority. Any such by-law or by-laws shall not provide for the\ncasting of any fractional vote. Nor shall such a by-law or by-laws\nprovide for the amendment, repeal or adoption in the future of such a\nby-law or by-laws in a manner other than that set forth in this\nparagraph.\n (c) No provision of paragraph (b) of this subdivision relating to the\nadoption of certain by-laws by the authority shall affect the manner in\nwhich by-laws of the authority are adopted concerning any subject other\nthan the voting and presence for quorum purposes of the members from the\ncounties of Dutchess, Putnam, Orange and Rockland.\n (d) Notwithstanding the provisions of paragraph (a) of subdivision one\nof this section, any member appointed from the county of Dutchess,\nOrange, Putnam or Rockland prior to the increase in the number of\nmembers of the authority to include a member from each such county shall\ncontinue in office as the member from such counties pursuant to section\nfive of the public officers law until the appointment and confirmation\nof all of the new members from such counties pursuant to the provisions\nof this section, and no individual member exercising a collective vote\nappointed and confirmed pursuant to paragraph (a) of subdivision one of\nthis section shall take office until all such new members are appointed\nand confirmed.\n 4. (a) Notwithstanding any provision of law to the contrary, the\nchairman shall be the chief executive officer of the authority and shall\nbe responsible for the discharge of the executive and administrative\nfunctions and powers of the authority. The chairman may appoint an\nexecutive director and such other officials and employees as shall in\nhis or her judgment be needed to discharge the executive and\nadministrative functions and powers of the authority.\n * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; and a committee on capital program oversight. In\naddition to such appointed members, each of the non-voting members\nreferred to in subparagraph two of paragraph (a) of subdivision one of\nthis section shall serve on the committee on capital program oversight,\nthe committee on finance, the committee on operations of the Triborough\nbridge and tunnel authority, and the operations committee relevant to\nthe commuter council that recommended such member. The alternate\nnon-voting members shall each serve on the respective operations\ncommittee relevant to the commuter council that recommended each member.\nThe committee on capital program oversight shall include not less than\nthree members, and shall include the chairpersons of the committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority, the committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority, and the\ncommittee on operations of the Metro-North commuter railroad. Such\ncommittee shall, with respect to any approved or proposed capital\nprogram plans, (i) monitor the current and future availability of funds\nto be utilized for such plans approved or proposed to be submitted to\nthe metropolitan transportation capital program review board as provided\nin section twelve hundred sixty-nine-b of this title; (ii) monitor the\ncontract awards of the metropolitan transportation authority and the New\nYork city transit authority to insure that such awards are consistent\nwith (A) provisions of law authorizing United States content and New\nYork state content; (B) collective bargaining agreements; (C) provisions\nof law providing for participation by minority and women-owned\nbusinesses; (D) New York state labor laws; (E) competitive bidding\nrequirements including those regarding sole source contracts; and (F)\nany other relevant requirements established by law; (iii) monitor the\naward of contracts to determine if such awards are consistent with the\nmanner in which the work was traditionally performed in the past\nprovided, however, that any such determination shall not be admissible\nas evidence in any arbitration or judicial proceeding; (iv) review the\nrelationship between capital expenditures pursuant to each such capital\nprogram plan and current and future operating budget requirements; (v)\nmonitor the progress of capital elements described in each capital\nprogram plan approved as provided in section twelve hundred sixty-nine-b\nof this title; (vi) monitor the expenditures incurred and to be incurred\nfor each such element; and (vii) identify capital elements not\nprogressing on schedule, ascertain responsibility therefor and recommend\nthose actions required or appropriate to accelerate their\nimplementation. The committee shall issue a quarterly report on its\nactivities and findings, and shall in connection with the preparation of\nsuch quarterly report, consult with the state division of the budget,\nthe state department of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n * NB Effective until June 30, 2016\n * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; and a committee on capital program oversight. The\ncommittee on capital program oversight shall include not less than three\nmembers, and shall include the chairpersons of the committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority, the committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority, and the\ncommittee on operations of the Metro-North commuter railroad. Such\ncommittee shall, with respect to any approved or proposed capital\nprogram plans, (i) monitor the current and future availability of funds\nto be utilized for such plans approved or proposed to be submitted to\nthe metropolitan transportation capital program review board as provided\nin section twelve hundred sixty-nine-b of this title; (ii) monitor the\ncontract awards of the metropolitan transportation authority and the New\nYork city transit authority to insure that such awards are consistent\nwith (A) provisions of law authorizing United States content and New\nYork state content; (B) collective bargaining agreements; (C) provisions\nof law providing for participation by minority and women-owned\nbusinesses; (D) New York state labor laws; (E) competitive bidding\nrequirements including those regarding sole source contracts; and (F)\nany other relevant requirements established by law; (iii) monitor the\naward of contracts to determine if such awards are consistent with the\nmanner in which the work was traditionally performed in the past\nprovided, however, that any such determination shall not be admissible\nas evidence in any arbitration or judicial proceeding; (iv) review the\nrelationship between capital expenditures pursuant to each such capital\nprogram plan and current and future operating budget requirements; (v)\nmonitor the progress of capital elements described in each capital\nprogram plan approved as provided in section twelve hundred sixty-nine-b\nof this title; (vi) monitor the expenditures incurred and to be incurred\nfor each such element; and (vii) identify capital elements not\nprogressing on schedule, ascertain responsibility therefor and recommend\nthose actions required or appropriate to accelerate their\nimplementation. The committee shall issue a quarterly report on its\nactivities and findings, and shall in connection with the preparation of\nsuch quarterly report, consult with the state division of the budget,\nthe state department of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n * NB Effective June 30, 2016\n (c) The chairman shall ensure that at every meeting of the board and\nat every meeting of each committee the public shall be allotted a period\nof time, not less than thirty minutes, to speak on any topic on the\nagenda.\n (d) Notwithstanding paragraph (c) of subdivision one of section\ntwenty-eight hundred twenty-four of this chapter or any other provision\nof law to the contrary, the chairman shall not participate in\nestablishing authority policies regarding the payment of salary,\ncompensation and reimbursement to, nor establish rules for the time and\nattendance of, the chief executive officer. The salary of the chairman,\nas determined pursuant to subdivision two of this section, shall also be\ncompensation for all services performed as chief executive officer.\n 5. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n 6. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall receive no additional compensation for services rendered pursuant\nto this title, but shall be entitled to reimbursement for his actual and\nnecessary expenses incurred in the performance of such services.\n 7. The governor may remove any member for inefficiency, neglect of\nduty, breach of fiduciary duty or misconduct in office after giving the\nmember a copy of the charges against the member and an opportunity to be\nheard, in person or by counsel in the member's defense, upon not less\nthan ten days' notice. If any member shall be so removed, the governor\nshall file in the office of the department of state a complete statement\nof charges made against such member, and his findings thereon, together\nwith a complete record of the proceedings.\n 8. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n 9. Whenever the authority causes notices of hearings on proposed\nchanges in services or fares to be posted pursuant to this section or\nany statute, regulation, or authority policy, or where it voluntarily\nposts such notices, such notices shall: (a) be written in a clear and\ncoherent manner using words with common and every day meaning; (b) be\ncaptioned in large point type bold lettering with a title that fairly\nand accurately conveys the basic nature of such change or changes; (c)\nwhere such change involves a proposed change in levels of fare, include\nin its title the range of amounts of fare changes under consideration;\n(d) contain, to the extent practicable, a concise description of the\nspecific nature of the change or changes, including but not limited to a\nconcise description of those changes that affect the largest number of\npassengers; (e) where such change involves a change in the nature of a\nroute, contain, to the extent practicable, a clear graphic illustration\nof such change or changes; and (f) where such change involves a partial\nor complete station closing, such notice shall be posted at the affected\nstation with a clear graphic illustration depicting the nature of any\nclosing for such station.\n