(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.