Bill Text: NY A01075 | 2015-2016 | General Assembly | Introduced
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 24-0)
Status: (Introduced - Dead) 2015-02-06 - enacting clause stricken [A01075 Detail]
Download: New_York-2015-A01075-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
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:
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-
19 TIONS DETERMINED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE TO BE
20 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
1 (C) THE DIRECTOR SHALL BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
2 OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES AND RESPONSI-
3 BILITIES OF THE OFFICE.
4 (D) THE DIRECTOR SHALL:
5 (I) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
6 ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF THE FACILITIES OF
7 THE AUTHORITY AND THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
8 MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR RIGHTS OF SUCH
9 USERS; AND
10 (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
11 TRANSIT USERS IN PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
12 INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS OF SUCH USERS
13 BEFORE GOVERNMENTAL AGENCIES AND SEEKING APPROPRIATE ADMINISTRATIVE,
14 LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE, SAFETY, HEALTH AND
15 RIGHTS.
16 (E) THE BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
17 REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
18 4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE DIRECTOR
19 SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
20 INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS SHALL BE
21 RESOLVED WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
22 TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
23 (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF THE COMPLAINANT
24 THAT MADE A COMPLAINT TO THE OMBUDSPERSON UNLESS:
25 (I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN
26 CONSENT TO THE OMBUDSPERSON; OR
27 (II) PURSUANT TO A COURT ORDER.
28 5. REPORTING REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
29 THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
30 (I) DESCRIBING THE ACTIVITIES CARRIED OUT BY THE OFFICE DURING THE
31 PRIOR CALENDAR YEAR;
32 (II) CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS FOR THE
33 PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT PROBLEMS. THE REPORT
34 SHALL REPORT SEPARATELY ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
35 AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
36 (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE
37 BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
38 (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
39 CITIZENS ADVISORY COMMITTEE, FOR:
40 (A) PROTECTING THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
41 TRANSIT AND PARATRANSIT USERS; AND
42 (B) APPROPRIATE STATE LEGISLATION, RULES AND REGULATIONS AND OTHER
43 ACTION TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
44 TRANSIT USERS; AND
45 (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
46 (B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN THE
47 ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
48 CHAPTER.
49 6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
50 SIT USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
51 FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE OMBUDSPERSON AND THE
52 COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
53 (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
54 ON THE AUTHORITY'S WEBSITE;
55 (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
A. 1075 3
1 (III) DISPLAYING PROMINENTLY THE EXISTENCE OF THE OFFICE AND THE
2 TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY THE
3 AUTHORITY.
4 (B) SUCH INFORMATION SHALL BE SET FORTH IN ENGLISH AND SUCH OTHER
5 LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
6 S 2. The metropolitan transportation authority shall, to the maximum
7 extent possible, resolve all complaints described in subdivision 2 of
8 section 1279-d of the public authorities law received by it prior to the
9 effective date of this act within 60 days after the effective date of
10 this act. Any unresolved complaints remaining with such authority on
11 such date shall be transferred, along with any documents and records
12 related thereto, to the office of the ombudsperson established by
13 section 1279-d of the public authorities law for resolution.
14 S 3. The appointment of the director authorized by paragraph (a) of
15 subdivision 3 of section 1279-d of the public authorities law shall be
16 made on or before the effective date of this act.
17 S 4. This act shall take effect six months after it shall have become
18 a law.
