N.Y. Comp. Codes R. & Regs. tit. 17 § 990.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 990.4 - Organization

(a) Offices. The principal office of the Safety Board is located at the NYS Department of Transportation, Governor W. Averill Harriman, New York State Office Campus, 1220 Washington Ave., Albany, NY 12232. The Safety Board may also have offices at such other places within the State as it may determine.

(b) Delegation. The Commissioner of Transportation and the MTA Inspector General may delegate all their authority on the Safety Board, including but not limited to their right to vote, to their designees by providing notice to the Executive Director of the Safety Board. No other member of the Safety Board may delegate his or her authority.

(c) Regular meeting. The Safety Board shall have regular meetings on a bi-monthly basis and usually scheduled on the third Wednesday of every odd numbered month unless changed by the Safety Board. The regular meetings may be held at the Safety Board's principal office, or at such other place as the Safety Board may determine. Additional meetings and an annual workshop may be scheduled by the Safety Board.

(d) Special meetings. Special meetings of the Safety Board may be called by the chairman upon one day's notice to each member.

(e) Open meetings. All meetings of the Safety Board shall be conducted in compliance with article 7 of the Public Officers Law. All meetings of the Safety Board shall be open to the public in accordance with such law. The Safety Board may convene in executive session for the following purposes only:

(1) to consider matters which will imperil the public safety if disclosed;

(2) to consider matters which may disclose the identity of a law enforcement agent or informer;

(3) to consider information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;

(4) to hold discussions regarding proposed, pending or current litigation; or

(5) to consider medical, financial, credit or employment history of a particular person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.

Attendance at an executive session shall be permitted to any member of the Safety Board and any other person authorized by the chairman.

(f) Quorum. A majority of the members of the Safety Board currently in office shall constitute a quorum for the transaction of any business or the exercise of any power of the Safety Board. However, with respect to matters not involving the MTA, the MTA Inspector General shall not be counted for quorum purposes. If a valid meeting is called but a quorum is not present, the majority of the members of the Safety Board then present may adjourn the meeting without further notice.

(g) Action at a meeting. All questions before the Safety Board shall be decided by majority vote of the members present at such a meeting or, with respect to the Commissioner of Transportation and the MTA Inspector General, by their designees. On matters arising outside the operations of the MTA, the MTA Inspector General or his or her designee shall have no vote.

(h) Action without a meeting. The Safety Board may vote on any resolution without a meeting, on the basis of a written approval signed by a majority of members in office. Other items may be addressed in this manner as the Safety Board may decide.

(i) Committees. The Safety Board may elect committees from its members, and delegate to such committees such powers and duties as it may deem advisable.

(j) Compensation. Each member of the Safety Board, except the Commissioner of Transportation and the MTA Inspector General, shall receive $150 per diem, not to exceed $10,000 per annum, as compensation for their services, and each of them shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

(k) Expenses. All expenses of the Safety Board will be paid by the State of New York, upon the approval of the Executive Director of the Safety Board or his/her designated representative, from the appropriations made to the Department of Transportation for the operation of the Safety Board.

(l) Indemnification. Members of the Safety Board shall be deemed officers of the State in connection with the provisions of section 17 of the Public Officers Law.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 990.4