N.Y.
Executive Law Section 56
Jurisdiction
1.
This article shall, subject to the limitations contained herein, confer upon the office of the inspector general of New York for transportation investigative and prosecutorial power over criminal and unethical conduct involving individuals serving at a senior level in operations, financing or management of a transportation entity located in a city of a population of one million or more where such action or actions occurred within the state; and investigative and prosecutorial power of criminal and unethical conduct involving managerial appointees or managerial employees of any transportation entity where such action or actions occurred within the state.2.
For the purposes of this article:(a)
“transportation entity” shall mean any public entity located within a city of one million or more involved in the transportation of persons, goods or other items within or to and from the state of New York where at least one individual involved at a senior level in operations, financing or management of such entity is appointed by the governor;(b)
“individuals involved at a senior level in operations, financing or management” shall mean individuals that exert full or partial control over formal actions taken by a transportation entity or on behalf of such entity, or exert independent judgment in the fulfillment of their duties and obligations, but shall not include individuals whose actions are of a routine or clerical nature; and(c)
“managerial appointee” or “managerial employee” shall mean any individual who (i) participates directly or as part of a team in formulating policy;(ii)
may reasonably be required to assist directly in the preparation for and conduct of negotiations concerning major fiscal matters, procurements or expenditures in excess of one hundred thousand dollars provided that such role is not of a routine or clerical nature and requires the exercise of independent judgment; or(iii)
has a major role in the administration of personnel agreements or in personnel administration, provided that such role is not of a routine or clerical nature and requires the exercise of independent judgment.3.
Nothing contained in this section shall replace or diminish the jurisdiction of the attorney general or any district attorney, or the inspector general of any transportation entity.4.
The inspector general shall be authorized to:(a)
receive, investigate and prosecute complaints regarding any individuals involved at a senior level in operations, financing or management or managerial appointee or managerial employee of any transportation entity concerning corruption, conflicts of interest, fraud, waste and abuse, recusals or failure to recuse, or criminal activity in any case where such conduct, action or failure occurred before or after the effective date of the chapter of the laws of two thousand seventeen that added this article and where such conduct, action or failure occurred in New York;(b)
represent the state in any administrative hearing or administrative proceeding involving any criminal or unethical conduct of individuals involved at a senior level in operations, financing or management or a managerial appointee or managerial employee of a transportation entity where such conduct occurred in New York; and(c)
represent the state in civil actions involving any criminal or unethical conduct of individuals involved at a senior level in operations, financing or management or a managerial appointee or managerial employee of a transportation entity where such conduct occurred in New York.
Source:
Section 56 — Jurisdiction, https://www.nysenate.gov/legislation/laws/EXC/56 (updated May 12, 2017; accessed Oct. 26, 2024).
