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

                                  5109

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  JACOBS, ROSENTHAL, CUSICK, TITONE,
  MAISEL, LAVINE, MILLER, COOK, SCARBOROUGH, V. LOPEZ, JAFFEE --  Multi-
  Sponsored  by  --  M. of A. FARRELL, GLICK, GOTTFRIED, HIKIND, LENTOL,
  MOSLEY, MOYA, NOLAN, QUART, SOLAGES,  STEVENSON,  WEISENBERG  --  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 1266-j to read as follows:
  S  1266-J.  METROPOLITAN  TRANSPORTATION  AUTHORITY  RIDER'S  BILL  OF
RIGHTS.  1. ALL USERS OF THE MASS TRANSIT FACILITIES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY SHALL HAVE:
  (A) THE RIGHT TO SAFE, RELIABLE, AND CLEAN TRANSIT FACILITIES, INCLUD-
ING TRAINS, BUSES, SUBWAY CARS, COMMUTER RAIL COACHES, TRANSIT  STATIONS
AND OTHER PASSENGER FACILITIES;
  (B)  THE  RIGHT  TO  HAVE EMPLOYEES OF THE METROPOLITAN TRANSPORTATION
AUTHORITY AVAILABLE AT MULTI-TRAIN OR MULTI-BUS  STATIONS  OR  STOPS  TO
PROVIDE INFORMATION AND RESPOND TO EMERGENCIES;
  (C) THE RIGHT TO BE TREATED COURTEOUSLY, AND WITH DIGNITY AND RESPECT,
FROM ALL EMPLOYEES OF THE METROPOLITAN TRANSPORTATION AUTHORITY;
  (D)  THE  RIGHT TO REASONABLE EXPECTATIONS THAT TRAINS, BUSES, SUBWAYS
OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY  WILL  OPERATE  ON
TIME.  IF  A  TRAIN, BUS, SUBWAY OR COMMUTER RAIL COACH IS SIGNIFICANTLY
DELAYED, UPDATED SERVICE INFORMATION WILL BE MADE AVAILABLE  VIA  INTER-
NET,  EMAIL  OR  TEXT  MESSAGE  TO  MASS  TRANSIT  USERS, PUBLIC ADDRESS
ANNOUNCEMENTS ON SUBWAY PLATFORMS,  AND  ELECTRONIC  MESSAGE  BOARDS  ON
STATIONS OR PLATFORMS;

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

                                                           LBD07348-02-3

A. 5109                             2

  (E)  THE  RIGHT  TO  CLEAR,  INTELLIGIBLE  AND TIMELY ANNOUNCEMENTS ON
TRAINS, BUSES, SUBWAYS, COMMUTER RAIL COACHES, AND IN STATIONS AND PLAT-
FORMS;
  (F)  THE  RIGHT  TO  BE  KEPT  INFORMED OF METROPOLITAN TRANSPORTATION
AUTHORITY ACTIONS OR DECISIONS THAT WILL HAVE A  SUBSTANTIAL  IMPACT  OF
THE FREQUENCY, SAFETY OR RELIABILITY OF AUTHORITY FACILITIES;
  (G)  THE  RIGHT  TO  A SIMPLE, DIRECT AND TRANSPARENT PROCESS TO ALLOW
RIDERS TO COMMUNICATE THEIR CONCERNS,  PROBLEMS  OR  COMPLAINTS  TO  THE
METROPOLITAN  TRANSPORTATION AUTHORITY. INFORMATION REGARDING THIS PROC-
ESS SHALL BE PROMINENTLY DISPLAYED IN ALL FACILITIES OF  THE  AUTHORITY,
INCLUDING   ITS  TRAINS,  BUSES,  SUBWAYS,  COMMUTER  RAIL  COACHES  AND
STATIONS.
  2. THE AUTHORITY SHALL ENSURE THAT THE  MASS  TRANSIT  USERS  AND  THE
GENERAL  PUBLIC ARE FULLY INFORMED AND MADE AWARE OF THE BILL OF RIGHTS,
INCLUDING PROMINENTLY DISPLAYING  OR  POSTING  THE  BILL  OF  RIGHTS  ON
TRAINS,  BUSES,  SUBWAYS, COMMUTER RAIL COACHES AND STATIONS OPERATED BY
THE AUTHORITY. THE BILL OF RIGHTS SHALL BE WRITTEN IN  ENGLISH,  SPANISH
AND  SUCH OTHER LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRI-
ATE.
  S 2. 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.
  (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.

A. 5109                             3

  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
  (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  3.  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  4.  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  5. This act shall take effect six months after it shall have become
a law.