S T A T E   O F   N E W   Y O R K
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                                  1075

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. BRENNAN, ROSENTHAL, CUSICK, TITONE, LAVINE, MILL-
  ER,  COOK,  SCARBOROUGH,  JAFFEE,  ORTIZ, SCHIMEL, WEPRIN, PERRY, KIM,
  OTIS, ABINANTI -- Multi-Sponsored by -- M. of A. FARRELL, GLICK, GOTT-
  FRIED, HIKIND, LENTOL, MOSLEY, MOYA, QUART, SOLAGES -- read  once  and
  referred to the Committee on Corporations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to establishing
  an office of the ombudsperson for the purpose of receiving and resolv-
  ing complaints affecting mass transit users of the facilities  of  the
  metropolitan transportation authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The public authorities law is  amended  by  adding  a  new
section 1279-d to read as follows:
  S 1279-D. OFFICE OF THE OMBUDSPERSON. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR" SHALL MEAN THE INDIVIDUAL
APPOINTED  TO  SERVE  AS  THE  CHIEF  EXECUTIVE OFFICER OF THE AUTHORITY
PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE  HUNDRED  SIXTY-THREE  OF
THIS TITLE.
  2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
TY  AN  OFFICE  OF  THE  OMBUDSPERSON  FOR  THE PURPOSE OF RECEIVING AND
RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE  FACILITIES  OF
THE  AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPROPRI-
ATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
  3. DIRECTOR. (A) THE EXECUTIVE  DIRECTOR  SHALL  APPOINT  A  FULL-TIME
DIRECTOR  TO  ADMINISTER  AND SUPERVISE THE OFFICE FROM A LIST OF CANDI-
DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
  (B) THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH  EXPER-
TISE  AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER QUALIFICA-
TIONS DETERMINED BY THE PERMANENT  CITIZENS  ADVISORY  COMMITTEE  TO  BE
APPROPRIATE FOR THE POSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01334-01-5
              

A. 1075                             2

  (C)  THE  DIRECTOR  SHALL  BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES  AND  RESPONSI-
BILITIES OF THE OFFICE.
  (D) THE DIRECTOR SHALL:
  (I)  IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF  THE  FACILITIES  OF
THE  AUTHORITY  AND  THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR  RIGHTS  OF  SUCH
USERS; AND
  (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
TRANSIT  USERS  IN  PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS  OF  SUCH  USERS
BEFORE  GOVERNMENTAL  AGENCIES  AND  SEEKING APPROPRIATE ADMINISTRATIVE,
LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE,  SAFETY,  HEALTH  AND
RIGHTS.
  (E)  THE  BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
  4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE  DIRECTOR
SHALL  DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS  SHALL  BE
RESOLVED  WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
  (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY  OF  THE  COMPLAINANT
THAT MADE A COMPLAINT TO THE OMBUDSPERSON UNLESS:
  (I)  THE  COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN
CONSENT TO THE OMBUDSPERSON; OR
  (II) PURSUANT TO A COURT ORDER.
  5. REPORTING REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY  SUBMIT  TO
THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
  (I)  DESCRIBING  THE  ACTIVITIES  CARRIED OUT BY THE OFFICE DURING THE
PRIOR CALENDAR YEAR;
  (II) CONTAINING AND ANALYZING DATA  RELATING  TO  COMPLAINTS  FOR  THE
PURPOSE  OF  IDENTIFYING  AND RESOLVING SIGNIFICANT PROBLEMS. THE REPORT
SHALL REPORT SEPARATELY ON DATA RELATING TO COMPLAINTS  MADE  BY  RIDERS
AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
  (III)  EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE
BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
  (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
CITIZENS ADVISORY COMMITTEE, FOR:
  (A) PROTECTING THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF  THE  MASS
TRANSIT AND PARATRANSIT USERS; AND
  (B)  APPROPRIATE  STATE  LEGISLATION,  RULES AND REGULATIONS AND OTHER
ACTION TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND  PARA-
TRANSIT USERS; AND
  (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
  (B)  THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN THE
ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF  THIS
CHAPTER.
  6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
SIT  USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE OMBUDSPERSON AND  THE
COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
  (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
ON THE AUTHORITY'S WEBSITE;
  (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND

A. 1075                             3

  (III)  DISPLAYING  PROMINENTLY  THE  EXISTENCE  OF  THE OFFICE AND THE
TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY  THE
AUTHORITY.
  (B)  SUCH  INFORMATION  SHALL  BE  SET FORTH IN ENGLISH AND SUCH OTHER
LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
  S 2. The metropolitan transportation authority shall, to  the  maximum
extent  possible,  resolve  all complaints described in subdivision 2 of
section 1279-d of the public authorities law received by it prior to the
effective date of this act within 60 days after the  effective  date  of
this  act.    Any unresolved complaints remaining with such authority on
such date shall be transferred, along with  any  documents  and  records
related  thereto,  to  the  office  of  the  ombudsperson established by
section 1279-d of the public authorities law for resolution.
  S 3. The appointment of the director authorized by  paragraph  (a)  of
subdivision  3  of section 1279-d of the public authorities law shall be
made on or before the effective date of this act.
  S 4. This act shall take effect six months after it shall have  become
a law.