What's happening
This bill allows the Governor of New York to appoint a chief executive officer for certain public authorities, redefining executive leadership roles.
Why it matters
Shifts executive power. The bill allows the Governor to directly appoint a chief executive officer (CEO) for certain major public authorities (like the MTA), potentially centralizing authority and shifting significant decision-making power away from the board chair.
Alters accountability structures. By enabling a gubernatorial appointee to serve as CEO, the legislation could change who is primarily accountable for the performance and oversight of these public authorities, making the CEO answerable to the Governor rather than the authority’s board.
Impacts leadership continuity and policy direction. The appointment of a CEO by the Governor may result in changes to long-term strategic direction, as such appointments could align more closely with the Governor’s policy priorities, possibly affecting ongoing projects, contracts, or administrative practices.
Redefines roles and compensation. The bill clarifies the separation of roles between the chairman and the CEO, including who sets salary and attendance policies, and ensures that compensation rules are aligned with the new leadership structure, which could influence internal governance and management incentives.
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Who cares
Headline styles
Governor Picks Public Authority CEO
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to rules
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6825
2017-2018 Regular Sessions
IN SENATE
June 21, 2017
Introduced by Sen. GOLDEN -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public authorities law, in relation to the appointment of a chief executive officer for certain public authorities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (d) of subdivision 4 of section 1263 of the public authorities law, paragraph (a) as amended by chapter 506 and paragraph (d) as added by section 5 of part H of chapter 25 of the laws of 2009, are amended to read as follows:
(a) (i) Notwithstanding any provision of law to the contrary, the chairman shall be the chief executive officer of the authority and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chairman may appoint an executive director and such other officials and employees as shall in his or her judgment be needed to discharge the executive and administrative functions and powers of the authority.
(ii) Notwithstanding subparagraph (i) of this paragraph, the governor may appoint a chief executive officer who shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chief executive officer may appoint an executive director and such other officials and employees as shall in his or her judgment be needed to discharge the executive and administrative functions and powers of the authority.
(d) Notwithstanding paragraph (c) of subdivision one of section twenty-eight hundred twenty-four of this chapter or any other provision of law to the contrary, the chairman shall not participate in establishing authority policies regarding the payment of salary, compensation and reimbursement to, nor establish rules for the time and attendance of, the chief executive officer, except for purposes of a chief executive
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12024-01-7
S. 6825 2
officer appointed pursuant to subparagraph (ii) of paragraph (a) of this subdivision. The salary of the chairman, as determined pursuant to subdivision two of this section, shall also be compensation for all services performed as chief executive officer.
§ 2. Subdivision 2 of section 1201 of the public authorities law, as amended by chapter 506 of the laws of 2009, is amended to read as follows:
2. (a) The chairman of such board shall be the chairman of metropolitan transportation authority, serving ex officio[, and, provided that]. If there is an executive director of the metropolitan transportation authority, the executive director of the authority shall be the executive director of the metropolitan transportation authority, serving ex officio. Notwithstanding any provision of law to the contrary, the chairman shall be the chief executive officer of the authority and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chairman and executive director, if any, each shall be empowered to delegate his or her functions and powers to one or more officers or employees designated by him or her.
(b) Notwithstanding paragraph (a) of this subdivision, a chief executive officer appointed pursuant to subparagraph (ii) of paragraph (a) of subdivision four of section twelve hundred sixty-three of this article, shall serve as the chief executive officer of the authority, serving ex officio, and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chief executive officer shall be empowered to delegate his or her functions and powers to one or more officers or employees designated by him or her.
§ 3. Subdivision 1 of section 552 of the public authorities law, as amended by chapter 506 of the laws of 2009, is amended to read as follows:
1. (a) A board, to be known as "Triborough bridge and tunnel authority" is hereby created. Such board shall be a body corporate and politic constituting a public benefit corporation. It shall consist of seventeen members, all serving ex officio. Those members shall be the persons who from time to time shall hold the offices of chairman and members of metropolitan transportation authority. The chairman of such board shall be the chairman of metropolitan transportation authority, serving ex officio[, and, provided that]. If there is an executive director of the metropolitan transportation authority, the executive director of the authority shall be the executive director of the metropolitan transportation authority, serving ex officio. Notwithstanding any provision of law to the contrary, the chairman shall be the chief executive officer of the authority and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chairman and executive director, if any, each shall be empowered to delegate his or her functions and powers to the executive officer of the Triborough bridge and tunnel authority or to such person as may succeed to the powers and duties of said executive officer. The chairman and other members of the board hereby created, [and] the executive director, if any, and any chief executive officer established pursuant to paragraph (b) of this subdivision, shall not be entitled to compensation for their services hereunder but shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties.
(b) Notwithstanding paragraph (a) of this subdivision, the chief executive officer appointed pursuant to subparagraph (ii) of paragraph (a)
S. 6825 3
of subdivision four of section twelve hundred sixty-three of this article, shall also serve as a chief executive officer of the authority and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. The chief executive officer shall be empowered to delegate his or her functions and powers to one or more officers or employees designated by him or her.
§ 4. The opening paragraph of subdivision 5 of section 1266 of the public authorities law, as amended by chapter 506 of the laws of 2009, is amended to read as follows:
(a) The authority may acquire, hold, own, lease, establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair any transportation facilities through, and cause any one or more of its powers, duties, functions or activities to be exercised or performed by, one or more wholly owned subsidiary corporations of the authority, or by New York city transit authority or any of its subsidiary corporations in the case of transit facilities and may transfer to or from any such corporations any moneys, real property or other property for any of the purposes of this title upon such terms and conditions as shall be agreed to and subject to such payment or repayment obligations as are required by law or by any agreement to which any of the affected entities is subject. The directors or members of each such subsidiary corporation of the authority corporation shall be the same persons holding the offices of members of the authority. The chairman of the board of each such subsidiary shall be the chairman of the authority, serving ex officio [and, provided that]. If there is an executive director of the metropolitan transportation authority, the executive director of such subsidiary shall be the executive director of the metropolitan transportation authority, serving ex officio. Notwithstanding any provision of law to the contrary, the chairman shall be the chief executive officer of each such subsidiary and shall be responsible for the discharge of the executive and administrative functions and powers of each such subsidiary. The chairman and executive director, if any, shall be empowered to delegate his or her functions and powers to one or more officers or employees of each such subsidiary designated by him or her. Each such subsidiary corporation of the authority and any of its property, functions and activities shall have all of the privileges, immunities, tax exemptions and other exemptions of the authority and of the authority's property, functions and activities. Each such subsidiary corporation shall be subject to the restrictions and limitations to which the authority may be subject. Each such subsidiary corporation of the authority shall be subject to suit in accordance with section twelve hundred seventy-six of this title. The employees of any such subsidiary corporation, except those who are also employees of the authority, shall not be deemed employees of the authority.
(b) Notwithstanding paragraph (a) of this subdivision, a chief executive officer appointed pursuant to subparagraph (ii) of paragraph (a) of subdivision four of section twelve hundred sixty-three of this title, shall also serve as a chief executive officer of each such subsidiary and shall be responsible for the discharge of the executive and administrative functions and powers of each such subsidiary. The chief executive officer shall be empowered to delegate his or her functions and powers to one or more officers or employees designated by him or her.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to the appointment of a chief executive officer for certain public authorities
Purpose of the bill
This legislation would provide for the separation of the Chairman and Chief Executive Officer at the metropolitan transportation authority (MTA).
Summary of provisions
Section 1 of the bill would repeal paragraphs (a) and (d) of subdivision (4) of section 1263 of the Public Authorities Law and provide for a new paragraph (a) that would separate the position of chairman and chief executive officer of the MTA.
Section 2 of the bill would make conforming changes to section 1201 of the Public Authorities Law associated with the MTA affiliate New York City Transit Authority
Section 3 of the bill would make conforming changes to section 552 of the Public Authorities Law associated with the MTA affiliate Triborough Bridge and Tunnel Authority
Section 4 of the bill would make conforming changes to section 1266 of the Public Authorities Law associated with the MTA
Section 5 of the bill would make it effective immediately.
Justification
The MTA is North America's largest transportation network, servicing a population of 15.3 million people in the 5,000-square-mile area fanning out from New York City through Long Island, southeastern New York State and Connecticut. It is of the utmost importance to ensure consistent, efficient and safe mass transportation to guarantee the sustained viability of the State's economy and the protection and livelihood of the State's residents and visitors.
Under current law, the Chairman of the MTA Board is required to serve in two roles: (i) Chairman; and (ii) MTA's Chief Executive Officer. Given the size and scope of the MTA, however, concentrating the executive and administrative functions of the authority in one individual significantly impacts the MTA's ability to effectively address and respond to concerns in a timely manner. Separating the Chairman and Chief Executive Officer positions will allow each to more fully focus on their respective responsibilities and duties, thus ensuring more efficient decision making. Further, it will provide additional oversight on the MTA's day-to-day operations. This will ensure that decisions made at the MTA conform fully to the authority's mandate.
Prior legislative history
None.
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.