Section 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  resident of a county that has withdrawn from the  metropolitan  commuter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 article 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.  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 January 1, 2010
    * (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 article 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.  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 January 1, 2010
    (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.
    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  subdivision  three  of  section  twenty-eight
  hundred twenty-four of this chapter or any other 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 judgement 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; and a committee on capital program oversight. 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 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 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. Such
  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 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 January 1, 2010
    * (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; and a committee on capital program oversight.  The
  committee on capital program oversight 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.  Such
  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  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 January 1, 2010
    (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.