N.Y.
Public Authorities Law Section 1279-E
Assignment, transfer, sharing or consolidating powers, functions or activities
1.
(a) Notwithstanding any provision of this title or any other provision of law, general, special or local, the authority shall develop and complete a personnel and reorganization plan no later than June thirtieth, two thousand nineteen which shall, in whole or in part, assign, transfer, share, or consolidate any one or more of its powers, duties, functions or activities or any department, division or office established therewith, or any of those of its subsidiaries, or affiliates or their subsidiaries, within or between itself, its subsidiaries or affiliates or their subsidiaries, including, but not limited to the New York City Transit Authority, the Long Island Rail Road, the Metro North Commuter Railroad Company, MTA Capital Construction, MTA New York City Bus, Triborough bridge and tunnel authority, and the MTA Staten Island Railway, in a manner consistent with the provisions of this section. Such plan shall identify common functions and assign, transfer, share or consolidate, in whole or in part, such functions between the authority and its subsidiaries, affiliates and subsidiaries of affiliates and shall be accompanied by an independent evaluation of existing personnel within or between itself, its subsidiaries, or affiliates or their subsidiaries in coordination with the authority’s senior management. This plan shall be approved by the board of the authority by July thirtieth, two thousand nineteen. Upon such approval, the board shall also appoint a director of MTA transformation whose responsibilities shall include implementing the personnel and reorganization plan and reporting directly to the board regarding the director’s activities.(b)
Upon receipt of the review pursuant to § 1279-F (Independent forensic audit)section twelve hundred seventy-nine-f of this title the authority shall revise the personnel and reorganization plan to consider and incorporate the findings of such review within ninety days of receipt. Such revised personnel and reorganization plan shall be approved by the board of the authority.2.
Such assignment, transfer, sharing, or consolidation pursuant to this section shall occur only if approved by resolution of the board of the authority, serving on behalf of the authority and any affected subsidiary or affiliate or their subsidiary, adopted by not less than a majority vote of the whole number of members of the authority then in office, with the chairman having one additional vote in the event of a tie vote.3.
Pursuant to this section, any such assigning, transferring, sharing, or consolidating of powers, duties, functions or activities shall not be authorized where it would impair any rights and remedies of any holders of notes, bonds or other obligations issued by the authority, its subsidiaries, or affiliates or their subsidiaries. Nothing set forth in this section shall be construed to impede, infringe or diminish the rights and benefits that accrue to employees and employers through collective bargaining agreements, or impact or change an employee’s membership in a bargaining unit.4.
No consolidation shall result in the complete dissolution or merger within or between the authority or its subsidiaries, affiliates or their subsidiaries.
Source:
Section 1279-E — Assignment, transfer, sharing or consolidating powers, functions or activities, https://www.nysenate.gov/legislation/laws/PBA/1279-E (updated Dec. 20, 2019; accessed Oct. 26, 2024).
