Bill Text: NY A05109 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes an office of the ombudsperson to receive and resolve complaints affecting mass transit users of facilities of the metropolitan transportation authority.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Introduced - Dead) 2014-04-07 - reported referred to ways and means [A05109 Detail]
Download: New_York-2013-A05109-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5109--A
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, GIBSON, GLICK, GOTTFRIED, HIKIND,
LENTOL, MOSLEY, MOYA, NOLAN, QUART, SOLAGES, STEVENSON, WEISENBERG --
read once and referred to the Committee on Corporations, Authorities
and Commissions -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
1 Section 1. The public authorities law is amended by adding a new
2 section 1279-d to read as follows:
3 S 1279-D. OFFICE OF THE OMBUDSPERSON. 1. DEFINITIONS. FOR THE PURPOSES
4 OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR" SHALL MEAN THE INDIVIDUAL
5 APPOINTED TO SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY
6 PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF
7 THIS TITLE.
8 2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
9 TY AN OFFICE OF THE OMBUDSPERSON FOR THE PURPOSE OF RECEIVING AND
10 RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE FACILITIES OF
11 THE AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPROPRI-
12 ATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
13 3. DIRECTOR. (A) THE EXECUTIVE DIRECTOR SHALL APPOINT A FULL-TIME
14 DIRECTOR TO ADMINISTER AND SUPERVISE THE OFFICE FROM A LIST OF CANDI-
15 DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
16 TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
17 (B) THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH EXPER-
18 TISE AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER QUALIFICA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07348-03-3
A. 5109--A 2
1 TIONS DETERMINED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE TO BE
2 APPROPRIATE FOR THE POSITION.
3 (C) THE DIRECTOR SHALL BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
4 OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES AND RESPONSI-
5 BILITIES OF THE OFFICE.
6 (D) THE DIRECTOR SHALL:
7 (I) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
8 ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF THE FACILITIES OF
9 THE AUTHORITY AND THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
10 MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR RIGHTS OF SUCH
11 USERS; AND
12 (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
13 TRANSIT USERS IN PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
14 INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS OF SUCH USERS
15 BEFORE GOVERNMENTAL AGENCIES AND SEEKING APPROPRIATE ADMINISTRATIVE,
16 LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE, SAFETY, HEALTH AND
17 RIGHTS.
18 (E) THE BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
19 REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
20 4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE DIRECTOR
21 SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
22 INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS SHALL BE
23 RESOLVED WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
24 TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
25 (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF THE COMPLAINANT
26 THAT MADE A COMPLAINT TO THE OMBUDSPERSON UNLESS:
27 (I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN
28 CONSENT TO THE OMBUDSPERSON; OR
29 (II) PURSUANT TO A COURT ORDER.
30 5. REPORTING REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
31 THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
32 (I) DESCRIBING THE ACTIVITIES CARRIED OUT BY THE OFFICE DURING THE
33 PRIOR CALENDAR YEAR;
34 (II) CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS FOR THE
35 PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT PROBLEMS. THE REPORT
36 SHALL REPORT SEPARATELY ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
37 AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
38 (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE
39 BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
40 (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
41 CITIZENS ADVISORY COMMITTEE, FOR:
42 (A) PROTECTING THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
43 TRANSIT AND PARATRANSIT USERS; AND
44 (B) APPROPRIATE STATE LEGISLATION, RULES AND REGULATIONS AND OTHER
45 ACTION TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
46 TRANSIT USERS; AND
47 (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
48 (B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN THE
49 ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
50 CHAPTER.
51 6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
52 SIT USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
53 FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE OMBUDSPERSON AND THE
54 COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
55 (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
56 ON THE AUTHORITY'S WEBSITE;
A. 5109--A 3
1 (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
2 (III) DISPLAYING PROMINENTLY THE EXISTENCE OF THE OFFICE AND THE
3 TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY THE
4 AUTHORITY.
5 (B) SUCH INFORMATION SHALL BE SET FORTH IN ENGLISH AND SUCH OTHER
6 LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
7 S 2. The metropolitan transportation authority shall, to the maximum
8 extent possible, resolve all complaints described in subdivision 2 of
9 section 1279-d of the public authorities law received by it prior to the
10 effective date of this act within 60 days after the effective date of
11 this act. Any unresolved complaints remaining with such authority on
12 such date shall be transferred, along with any documents and records
13 related thereto, to the office of the ombudsperson established by
14 section 1279-d of the public authorities law for resolution.
15 S 3. The appointment of the director authorized by paragraph (a) of
16 subdivision 3 of section 1279-d of the public authorities law shall be
17 made on or before the effective date of this act.
18 S 4. This act shall take effect six months after it shall have become
19 a law.
