MTA Politics

MTA officials gathered last week to announc front-door boarding and fare collection on all local and SBS buses will resume Monday, August 31. (Photo: Jessie Mislavsky / MTA NYC Transit)

My friend Marcia Herold tends bar at the Greenwich Street Tavern in Tribeca, and as with so many of New York City’s service workers, 2020 has been a tough year. Her bar was closed for much of the spring, and it has reopened only as much as any of the city’s thousands of restaurants and bars have — with outdoor service only and hours scaled back to 11 p.m. For a place that used to serve food and drinks late into the night, the Greenwich Street Tavern is just trying to survive through the pandemic.

For years, Marcia, who lives in Boerum Hill, never had to think twice about getting home. Even on nights when the bar would close late, Marcia could easily jump onto the subway and be home quickly, but these days the trip is more complicated. By the time Marcia wraps up service and she and her co-workers finish cleaning, catching that last train back to Brooklyn is no sure thing. Sometimes she’s make it; more often, she doesn’t.

A few weeks ago, she waited on the platform for a train that wasn’t going to show up, and the MTA worker keeping an eye on things never told her the train wasn’t coming. More recently, she and a co-worker split a cab back to Brooklyn after missing the last train, but her co-worker, who couldn’t right now afford the cab fare all the way back home, had to get all the way to East New York. It’s usually just a 20-minute ride on the 3 or 4 train but can take 45 minutes or longer via a bus or two.

This is the current reality for around 15,000 New Yorkers who need late-night train service to get to and from their jobs but have found passenger service shutting down as early as 12:30. And yet, as New York City struggles to return to any semblance of normalcy, there is no end in sight to the MTA’s overnight passenger shutdown. Imposed in early May under the guise of “disinfecting,” by all accounts from multiple MTA and New York State sources, the shutdown was the brainchild of Gov. Andrew Cuomo in response to multiple news stories concerning homeless New Yorkers inundating an empty subway system. Instead of attempting to address the root causes of homelessness in New York, Cuomo ordered the state agency in charge of operating the city’s subways to shut down service, foisting the problem onto the city’s streets, and promoted the idea that the subways have to shut down for cleaning.

The MTA has added a few Night Bus-like buses on some key subway routes and had been paying for a handful of taxi rides every night. But their response to decreased overnight demand has been to tell essential workers trying to get home to just take local buses. For some, that’s a three-bus, multi-hour trip. For others, the trip home is a long walk or a nightly taxi ride few can afford. Meanwhile, the trains aren’t actually stopped. They run all night, on the same sparse schedule as before, but without passengers. The MTA’s disinfecting efforts — largely sanitation theater based on what we know about transmission paths for COVID-19 — continue with or without train service, and no one at the MTA has answered the two questions I have continued to post regarding the overnight shutdown:

1. Which elements of the overnight disinfecting would be impossible to accomplish if passengers were permitted on the trains that are still running?
2. And how would that impact the overall risk of COVID-19 transmission on subways?

Each time I think the issue could be coming to a head, the Governor puts a stop to any speculation. State Senator Brad Hoylman has proposed legislation requiring the MTA to provide 24/7 subway service but only “after a declared end to the COVID-19 pandemic,” as he said in his statement. With no end in sight to the pandemic, that bill is largely meaningless right now. We’re in a state of emergency, and the governor can do whatever he wants.

When pressed on the issue earlier this week, the governor punted. The MTA has recently announced that due to low usage and a high cost amidst an existential budget crisis, the Essential Connector cab service would be suspended. The agency had reported only around 1500 riders per night and a cost of $49 a ride on average. The last night of for-hire vehicle rides will be August 30, and on August 31st, the MTA will reinstitute fare collection on local buses. Since the early days of the pandemic, local buses had been free to protect bus drivers, but the MTA cannot afford to give away rides right now. The agency has built barriers to protect drivers and is upgrading filtration systems on all of its buses to go along with the fares the agency says it must collect.

But what about that overnight subway service? The MTA can’t afford anything right now, but it can continue to afford running empty trains all night. When asked about these recent moves, the governor this week said of 24/7 service, “You’ll have to ask the MTA.” The MTA bounced it back to another state agency. When pressed by reporters, Pat Foye, increasingly annoyed with the question, said, “As we’ve said, while the pandemic continues, the 1 a.m. to 5 a.m. closure will continue. The state commissioner of health will determine the continuation of the pandemic. We’re not in the public health business. The commissioner of health will opine on the continuation of the pandemic.” While Foye tried to claim the overnight shutdown allows the MTA to be more productive, when asked, Foye could not name a single project outside of the L train work on an accelerated schedule thanks to the pandemic shutdown. It all just rings hollow as it impacts the lives of thousands.

This is, of course, a classic case of political hot potato. The MTA, under orders from the governor, shut down the overnight service but won’t say when it will restart, and the governor, who controls the MTA, wants nothing to do with the question. So we’re stuck. We’re stuck with buses that cost the same as the subway but cannot provide the same long-distance service and relatively fast travel times the subway can generally guarantee. We’re stuck watching workers like Marcia struggle to get home after their jobs each night, and we’re stuck in limbo with businesses trying to hang on while the state and city stack the decks against them. Few local politicians are speaking out, and few are fighting for the transportation needs of a New York City just trying to hang on for a few more weeks and months. The pandemic continues, and that’s all the cover the MTA and Andrew Cuomo need right now.

Veronica Vanterpool will be resigning from the MTA Board to join the Delaware Transit Corporation as its first Chief Innovation Officer.

When the MTA Board is at full strength, New York City enjoys four seats at the table. Although the Governor legally nominates every member to the MTA Board, he is required to defer to various stakeholders, and the mayor has the power to request four Board members. Yet, when the MTA Boards meets on Wednesday for its final meeting of 2019, it will be the last time the city has even three representatives as Veronica Vanterpool will be leaving new for Delaware. I can’t recall a time when the city had only half of its MTA Board seats filled, and at key juncture in the history of the MTA, the city’s voice is being silenced as the mayor seemingly refuses to pressure Albany to act.

In a sense, this saga began earlier this year in April when Carl Weisbrod left the MTA after only two years. The former city planning official was widely praised as a strong voice on the Board, and the mayor nominated Daniel Zarrilli to replace him. He is the mayor’s current chief climate policy adviser, as Trottenberg’s replacement, and with 15 years of experience in government and a few years in the transit, Zarrilli’s nomination seemed like a no-brainer.

A few weeks later, in June, Polly Trottenberg abruptly stepped down as well. We don’t know why Weisbrod quit, but as Streetsblog detailed in June, the DOT Commissioner seemed fed up with Andrew Cuomo’s meddling and annoyed with the mayor’s refusal to stick up for the city in all matters MTA. The mayor nominated Bob Linn, a labor lawayer, to the MTA Board. Many thought it to be an honorary nomination as Linn has recently retired from his role as the city’s chief labor negotiator, and Zarrilli was expected to pick up the transit slack left over by Trottenberg’s departure.

But with Andrew Cuomo and the MTA, things that should be certain aren’t, and while Linn’s nomination sailed through the confirmation process, Zarrilli’s didn’t. Officially, as Mark Chiusano wrote five months ago, the hold-up concerned the background check. Despite a long career in government, Zarrilli seemed to in limbo, but of course, the state legislature, at the demand of Andrew Cuomo, found time to exempt Robert Mujica from the MTA Board residency requirements. The governor claimed they received Zarrilli’s nomination “late” without enough time to go through the background check process, but that seemed to be a load of bunk. As Dana Rubinstein reported, Zarrilli’s nomination arrived one business day after Linn’s, but what the governor wants, the governor gets. As the MTA Board debated the $51 billion five-year capital plan, the 2020 budget and the AlixPartners transformation plan, the city was down a voice during discussions that could reshape the city’s transit space for decades to come.

At any point since June, the legislature could have picked up and acted on Zarrilli’s nomination. That they have not suggests further reticence from Cuomo, and now the MTA Board will lose another forceful advocate for transit as Vanterpool reports for duty on Wednesday for the last time. Rubinstein broke the news of Vanterpool’s departure last month, noting that the board’s “most outspoken member” will be leaving, and the city will be worse off for it. Vanterpool was the only woman of color on the MTA Board, the youngest member at the time of her initial nomination, and as the one-time executive director of the Tri-State Transportation Campaign, a long-time player in the transit space. Rachael Fauss of Reinvent Albany called Vanterpool’s departure a “huge loss” in comments to The Post.

For her part, Vanterpool has played down the impact of her departure and defending the mayor to the bitter end. In comments on Gotham Gazette’s “What’s the [Data] Point” podcast, Vanterpool discussed record city investment in the MTA Capital Plan while attempting to parry with the claim that Bill de Blasio has not been invested in transit. (The mayor, you may recall, handed the MTA a blank check without ensuring the money would go only to city concerns, as Michael Bloomberg had done with money for the 7 line extension during his time in office.)

Still, it’s hard not to view Weisbrod’s and Trottenberg’s and Vanterpool’s departures as a lessening of city authority and say over transit governance concerns. We already know, as Vanterpool has said in her various exit interviews, that the MTA Board is Cuomo’s through and through and that, at best, city voices can be squeaky wheels gaining the attention of the press and public as part of the PR war. Practically and politically, the city’s four voices can never carry the day, and going through a prolonged period of time during which only two of the city seats are filled will leave New York City transit riders underrepresented on the MTA Board.

What comes next is tough to say. In her podcast appearance, Vanterpool excused de Blasio’s hands-off approach while also speaking wistfully of a governance model that empowers the Board, and not the governor, to name the MTA leadership. She appreciated the independence the mayor affords his board members and she talked about conversations with “city leadership” generally about transit while pointedly not mentioned the mayor’s involvement. It’s an enlightening conversation, and Vanterpool had similar things to say to Streetsblog as well.

But that independence, and the mayor’s very apparent hands off approach, also means that city voices have no real transit champion speaking up from City Hall. Early last week, I’ve asked the mayor’s team if they have any names ready to replace Vanterpool and if they plan to push Albany and the Governor to act quickly on these nominations and have yet to receive a reply. Most city-watchers and transit advocates I’ve spoken with this month feel the mayor just doesn’t care enough about the MTA to invest any political capital whatsoever in fighting for quick action on the two empty board seats.

Still, the jockeying has begun. In an ideal world, Zarrilli would be approved as soon as the governor passes his nomination to the State Senate, and TransitCenter’s Colin Wright urged the mayor to appoint a disabled New Yorker to the Board. But for now, the city’s voice in its transit affairs will be further diminished following Wednesday’s meeting. While our loss is Delaware’s gain, it’s time for the mayor to step up and fight for adequate NYC representation on the MTA Board. With MTA transformation in full swing and $51 billion in capital investment in the balance, New York City can ill afford to lose its transit voice.

One element of our political times that unfolds constantly involves chaos. By introducing chaos to a situation, it’s far, far easier to get away with sleights-of-hands and other backroom dealings while the public is consumed with talking away and working through the chaos. It’s easy, in other words, to offer up a myriad of distractions while shuffling pieces behind the scenes to accomplish other political ends.

This isn’t an approach that’s particularly novel nor is it unique to any single politician or political party. It’s both a feature and a bug of the way news is produced and consumed amidst a 24-hour constant cycle of everything always being on, and New Yorkers keenly into transit have lived through this phenomenon for years. It started long ago when Andrew Cuomo begin his lengthy diatribes alleging, falsely, that he wasn’t in charge of the MTA. These were so successful that the New York City subway system was allowed to collapse and he still coasted to reelection, garnering significant support in the five boroughs.

During that period, instead of focusing on the lack of investment and the lack of leadership caused by politically-inspired churn atop the MTA, activists and journalists had to parry with Cuomo’s ahistorical account of the MTA. It was an exhausting, time-consuming distraction, and as the recent MTA Transformation Plan, approved last week by the Board despite unanimous public opposition, shows, we’re not out of these woods yet.

It’s been hard to keep track of all the MTA news lately, and only some of that is by design. We’ve had Con Edison blackouts that stranded trains during a recent heat wave, ongoing computer problems that led to a recent Friday evening meltdown for the ages, MTA Inspector General investigations into everything and, of course, the Transformation/Reorganization/Whatever You Want To Call It Plan.

The story behind the Transformation Plan itself is a simple one with some interesting twists and turns. A bunch of months ago, Gov. Cuomo called upon the MTA to transform itself. This, in and of itself, is something of a distraction because since Cuomo controls the MTA, a state agency, he can just reorder the transformation without going through the charade of a costly consultant study and Board vote. But the Board vote offers him a layer of plausible deniability. Even though he controls the management and operations of the MTA, a Board vote gives him cover to point fingers at a largely powerless group of people, all of whom he appointed. He has fully exploited the structure of the MTA to his political benefit time and time again while exerting full and total control over an agency that he rightly fully and totally controls. It’s chaos; it’s distracting; and it’s almost impressively genius. If only we all stood to benefit.

Since I last had a chance to analyze AlixPartners’ $4 million Transformation Plan a few days after it was made public, this sweeping plan to reorganize the MTA and cut a few hundred million dollars per year out of the agency’s expenses faced universal condemnation by the public and then a quick approval by the Board with only Veronica Vanterpool voting against it. I’ve never seen a charade so blatantly executed in public as the vote last week, and it’s hard to wrap my head around what happened. For hours on Wednesday morning, speaker after speaker took the microphone to speak out against the plan. Advocates condemned it as a rush job, not subject to proper public vetting that disempowered key leaders (such as Andy Byford) and failed to reform the core of the MTA. Others, speaking in support of Byford and Alex Elegudin’s renewed focus on accessibility, railed against the plan for once again treating the city’s most vulnerable as second-class transit riders. Others voiced support for Fast Forward and recent improvements (recent isolated performance meltdowns notwithstanding).

Still, the vote went on because it had to. The vote went on because the MTA was left up a creek without a paddle. It was mandated, legally, that the MTA Board approve this Transformation Plan, and they had no real choice. The key was a change in the state’s public authorities laws orchestrated by Cuomo during budget negotiations in June. The law, which you can read here, required the MTA to produce a transformation plan and approve — not vote on, but approve — the plan by July 31. Had the MTA Board voted down the plan, the agency would have been in violation of law, and it’s clear from MTA Board member and State Budget Director Robert Mujica’s comments on Wednesday that had the Board voted down the plan, the state would have withheld money the MTA badly needs. It was a legislative mandate through fiscal pressure, and another way Cuomo used the MTA Board to enact his will.

As part of this charade, a week before the Board vote, Cuomo sent a letter that sources within the MTA said came as a big surprise. You can read the missive right here, and you’ll see why one MTA source referred to it as an “unhinged rant.” It’s a rant about homelessness, time-and-attendance matters, speeds and signals and a reorganization plan with a purpose. It is in fact the chaos we’ve come to expect, a blurring of issues that obscures the reality that Cuomo knew all about the reorganization plan. In fact, I’ve heard from many sources that most folks within the MTA believe the AlixPartners plan was written long before this process was made public and serves to give cover to moves Cuomo wanted to make.

But that’s neither here nor there. The Governor of New York can do what he so pleases with the MTA as it is his to control. Following approval last week, Cuomo issued simply a two-sentence statement. “The MTA’s reorganization plan is a good start, but now it comes down to execution and sound management. The timelines should provide hard dates to assess progress,” he said. So the question now is: Does any of this matter or is it just politics as usual?

It matters. It matters because of the political message the Transformation Plan sends to key cogs such as Andy Byford and Pete Tomlin. It matters because of the ongoing hiring freeze that is rapidly draining the MTA of any talent current serving in-house and ensuring that any young talent looking to enter the transit field is frozen out of the largest transit agency in the country. It matters because it disenfranchised the public, through advocates whose concerns were ignored. It matters too because we’ve heard deafening silence from anyone else in Albany tasked with MTA oversight, a lukewarm milquetoast throw-away statement from the mayor who hasn’t even read the full Transformation Plan and a vehement statement in opposition from Corey Johnson.

Here's the entirety of the Mayor's statements on the MTA Transformation Plan from the press conference today.

It's the "I haven't read the book but here's my book report" approach to governing and leadership on an issue that touches millions of New Yorkers every day. pic.twitter.com/7jVOXfzs5e

— Second Ave. Sagas (@2AvSagas) July 25, 2019

The plan creates new layers of bureaucracy and takes critical responsibilities away from Andy Byford. Byford is the one who is actually showing us that improvements in accessibility and on time performance are possible. 2/5

— NYC Council Speaker Corey Johnson (@NYCSpeakerCoJo) July 24, 2019

It’s just another reason why we need municipal control. We need real accountability, not another opaque power grab. We won’t really fix the MTA until NYC controls its own transit destiny. 4/5

— NYC Council Speaker Corey Johnson (@NYCSpeakerCoJo) July 24, 2019

The subways and buses are the lifeblood of New York. Massive changes to that system should not be made in 90 days, so the Council will hold a hearing on the MTA’s plan. New Yorkers deserve real answers and a chance to be heard. 5/5

— NYC Council Speaker Corey Johnson (@NYCSpeakerCoJo) July 24, 2019

Meanwhile, the Plan itself effectively disempowers all agency presidents, transfers key projects to MTA Capital Construction (the biggest source of MTA construction problems over the past decade and a half), borrows from Fast Forward while shunting aside Fast Forward’s main proponent, and erases progress spearheaded by people who aren’t Andrew Cuomo. The report talks too of “failure to attract talent” at a time when Byford has brought in a key accessibility proponent and a world-renowned signals expert. The former was not lost on accessibility advocates who raised such a stink last week that Cuomo enforcer Larry Schwartz had to promise additional accessible stations to save face.

Behind the plan, other efforts are at play to lessen the impact of those making a difference but conflicting with Cuomo. The new COO/Managing Director-type role proposed by the Transformation Plan is open only to outside candidates (so Cuomo can handpick the role and ensure Byford, for instance, can’t apply), and Transdev, a private transit operator, has been poking around the MTA of late. Remember that the initial versions of the plan initially called for subways and buses to be separated. That line was killed shortly before publication when advocates vehemently objected, but speculation is rife that Transdev will ultimately take over the city’s bus system. I’ll have more on that story in the coming weeks.

For now, Byford — and this is really about Byford — will serve on the new signals panel, another Cuomo attempt to step on feet. I’ll have more on that later too. But where this all leads is anyone’s guess. The MTA needs reform and reorganization, but it needs careful reform and reorganization. The people who are competent should be promoted and supported, but instead, we seem to be stuck in a chaotic process of reorganization spurred on to minimize the influence of those most competent who have been praised publicly. It’s petty politics, and it’s a whole bunch of chaos as we’re trying to cut through the noise toward a better commute. There’s no real way out here either, and the MTA’s millions of customers are simply pawns in an unnecessary political game of distraction, obfuscation and chaos.

The highly-anticipated MTA Transformation Plan was released to the public on Friday afternoon. Did it live up to the hype?

While I was away on vacation, the lead-up to Friday’s unveiling of AlixPartners’ much-ballyhooed MTA Transformation Plan seemed to reinforce the political nature of the plan. Amidst ever-louder rumors that the recommendations had been written long ago by someone other than the consultants with the $4 million contract, Gov. Andrew Cuomo warned that not everyone would be happy with the plan, and early reporting indicated that Andy Byford could be stripped of some responsibilities and power (largely, it was theoried, as a short-sighted move in Cuomo’s ongoing one-sided grudge match against the popular and highly competent NYC Transit President). Palace intrigue stories ruled the roost.

Late in the day on Friday, the actual report landed, and it landed with both a thud and a hint at things to come. It promises the bare minimum of transformation while failing to explore true efficiencies such as combining the two commuter rail agencies into one with streamlined service and operations. Despite early word to the contrary, it ultimately didn’t end up recommending an immediate split of New York City Transit’s buses and subways into separate divisions, though contemplated such a split down the line, and it recommended that many MTA functions, particularly with respect to construction, be centralized under Capital Construction, without acknowledging the cost and performance issues that have plagued Capital Construction seemingly since its inception. As I’ll explore, transit advocates are particularly concerned with this proposal.

And of course there is the $40 billion plan: How does this transformation plan affect Andy Byford and his Fast Forward plan that, if allowed to proceed, would fix and modernize the subways? On that front, the plan isn’t particularly clear. It includes recommendations for a series of improvements — centers of excellence for customer communications, an accessibility guru, and a focus on maintenance and safety — that Byford has spent months implementing both as part of Fast Forward and as part of his job in repairing the transit network, but it also calls for removing all construction work, implicitly including signalling, the backbone of Fast Forward, from agency head purview to the Capital Construction group.

But here’s where things get murky: Despite the actual words in the report, multiple MTA officials have told me Byford will retain control and oversight of the bulk of Fast Forward, including the key resignalling initiatives. It’s possible that when the dust settles, Cuomo may find a way to push Byford out of that role as well or attempt to step on the NYC Transit president’s toes as he is trying to do with Save Safe Seconds. But for now, a report that simply should have embraced Fast Forward as the best practices model for reforming the key parts of the MTA seems to muddy the waters. It’s ultimately a superficial report without clear indication as to which, if any, international best practices it was modeled after, and sources tell me AlixPartners have struggled to defend even some of the more basic recommendations (such as splitting up buses and subways). It seems more akin to political cover for Cuomo’s ongoing attempts at controlling the minutiae of the multi-billion-dollar MTA, but that would just be par for course.

Inside the Plan: The Seven Recommendations

So with that in mind, let’s take a quick look at what this thing, available here as a pdf, actually says. Here are the seven recommendations:

1. Recommendation: The MTA should refocus agencies on service delivery, core safety, operations and maintenance activities, and centralize all support functions. In the new organization, the agencies should focus exclusively on service delivery, safety, day-to-day operations and maintenance, rather than general support functions. The agencies will have reporting lines to a Chief Operating Officer. All other services will be merged and coordinated centrally with a goal of driving a higher level of services at lower costs. This would result in consolidation of more than 40 functional groups within the existing MTA Agencies to six departments in the new MTA organization. Furthermore, the Transformation Plan calls for changes to the fundamental ways the MTA does business in order to achieve more effective and efficient performance.
2. Recommendation: MTA should centralize all capital-related functions across MTA into a new central group responsible for planning, development, and delivery of a Capital Program that improves service, the customer experience and accountability. To address slow, costly, and bureaucratic processes and to create accountability, all Capital-related functions across the MTA should be merged into a central group. This new capital group will be accountable for planning, development, and delivery of the Capital Program. This group would identify optimal project delivery (groupings, timing, delivery), increase competition in a historically constrained supplier market, and complete important capital projects that improve service and customer experience quicker.
3. Recommendation: MTA should create a new central engineering function reporting to a new Chief Engineering Officer to set standards, ensure quality and sustainability of infrastructure. To address inconsistent engineering methods across agencies and eliminate the duplication of processes and standards and ensure quality and sustainability of infrastructure, a new central Engineering group reporting to a Chief Engineering Officer will establish clear engineering and maintenance standards to be executed consistently across all agencies. This will provide consistent standards and specifications and eliminate unnecessary complexity and duplication.
4. Recommendation: MTA should create a new central customer communication function to provide high quality and consistent customer engagement led by communications specialists. To address many existing differing communication types (i.e., service updates, timetables, customer feedback, etc.) from several different agencies, MTA should centralize communications to clearly and consistently manage the message, medium and content.
5. Recommendation: MTA should centralize all operating support functions (i.e., operating standards and service design) focusing agencies on service delivery. To eliminate silos and enable multimodal network design optimization, the MTA should centralize operating standards and service design. Currently each MTA agency has its own internal operations standards and service design capabilities, which would be better managed under one integrated function serving all agencies.
6. Recommendation: MTA should centralize all human resource functions to reduce redundancies (such as differing organizational structures and too many layers across agencies) and drive clearer lines of accountability. The MTA should create a centralized human resources department focused on attracting, developing, and retaining the talent required to improve MTA performance and service delivery. This new entity will be tasked with clearly articulating a new talent strategy. This will help to resolve issues of duplication and improve analytics, data consistency, and data integrity.
7. Recommendation: To drive the transformation, the MTA will require a selection of new leadership roles and capabilities [including a Chief Operating Office reporting to the CEO and the MTA Board, if the Board chooses; a Chief Transformation Officer reporting directly to the Board; and an MTA Accessibility Officer reporting directly to the CEO].

As you can see, these so-called transformations are hardly that transforming. Consolidating true back-office functions such as human resources, legal and communications are true efficiencies that should have been realized decades ago but speak of the siloed nature of the MTA’s sub-agencies. The rest of the recommendations are either covered by plans put forward by current leadership or seem flimsy. Why, for instance, should a transit agency not be in charge of operating standards and service design for its own service delivery? It doesn’t make sense, operationally or otherwise, to, say, remove oversight of operating standards and service design for buses and subways from the auspices of New York City Transit and place these responsibilities under a centralized agency. There is no inherent benefit to placing service design for commuter rail with service design for local buses and subways, and it works instead to create communications and inter-agency pain points. The report itself fails to argue why this type of consolidation would be useful and doesn’t name a signal transit agency that has implemented such an approach to ops planning and ops execution.

With respect to the personnel recommendations, in addition to the accessibility overlap, it’s also worth questioning the call for a COO. Ronnie Hakim is currently the Managing Director of the MTA, reporting to the agency’s CEO and Chair. If she isn’t already fulfilling the COO role AlixPartners identified, what exactly is her job at the MTA and how could it be reformed so that she is essentially this COO? Questions such as these — ones probing the role certain Cuomo allies play at the agency — were seemingly ignored.

Reactions to a ‘Rush Job’

Ultimately, this $4 million plan reads more like a basic PowerPoint presentation of bare concepts that aren’t truly transformational and contain wrong information about the MTA’s structure and history. It reads very much like a rush job thrown together to support the political buried within. One MTA source acknowledged the conceptual nature of the report, indicating that the Board expects more detailed plans in the final report due in September. But this is what the Board will vote on later this month, and advocates aren’t impressed. Nick Sifuentes, the executive director of the Tri-State Transportation Campaign, did not mince words:

“A rushed, three-month process with no public input is a lesson in how not to do reform of the nation’s largest transit system. This brief report would be laughable if it wasn’t so serious for the millions of New Yorkers who rely on subways, buses, and commuter rail every single day. Especially with service improving, the governor should commit to an actual democratic process for MTA reform, not something done in, basically the dead of night.

The AlixPartners ‘plan’ relies heavily on the purposed ‘success’ of the governor’s Subway Action Plan, which has been wildly overstated by its proponents. Analysis by Aaron Gordon and others have shown that the SAP has actually not significantly improved service. If this plan relies on the SAP process as justification for wholesale change at the MTA, that foundation is pretty thin. The report’s revisionist history and factual inaccuracies just further the conclusion that this is not the way to handle sweeping reform of the single largest public entity in the state.”

Transit Center, too, released a strident statement objecting to the central tenet of the reorganization report. That transit watchdogs are so opposed to empowering capital construction, one of the more problematic elements of the MTA, with key modernization initiatives should be telling.

TransitCenter statement on MTA recommendations from AlixPartners: pic.twitter.com/cdcicmbiEs

— TransitCenter (@TransitCenter) July 12, 2019

And so we’re left with an expensive report, an uncertain future for Andy Byford, the key leader with loads of public support, the most riding on the report and seemingly the touchiest relationship with the governor, and haziness around the recommendations. Will this transform the MTA or simply shuffle the deck chairs of this Titantic as Captain Cuomo steers the ship toward an iceberg? You can probably guess my answer.

Gov. Andrew Cuomo, seen here with a bridge, has been making a flurry of MTA moves lately to further cement his grip on the organization he controls, but the why of it all remains murky.

Over the past few weeks, thanks to Reinvent Albany’s lengthy report on MTA reform [pdf], I’ve been thinking a lot about the structure and role the MTA Board plays in agency governance. When you really drill down on it, you can easily reach the conclusion that the MTA Board is a meaningless entity designed for one thing and one thing only — giving the Governor of New York apparent cover for all matters MTA and serving as a convenient whipping boy when things go wrong.

Think about it: What exactly does the MTA Board do? It doesn’t hire or fire any part of the MTA management. The governor does, through his appointment of the MTA Chair and CEO (and approval of any agency president or other high-profile hires). It doesn’t negotiate contracts. It doesn’t set policy. It doesn’t develop a budget. It simply votes — up or down — on initiatives prepared by MTA staffers, who are all under the purview of gubernatorial appointees. Sometimes, the MTA Board raises a question or two and delays a vote for want of information, but the Board doesn’t and can’t shape policy. Ultimately, the Board just rubber-stamps major procurements and other initiatives put in front of it by the governor or those acting on his behalf.

Take, for example, the recent hullabaloo over overtime spending. It seems likely that some of the LIRR overtime accrual is the result of fraud that should be prosecuted, but most of the overtime spending at non-LIRR agencies and at New York City Transit in particular is a direct result of Gov. Andrew Cuomo’s Subway Action Plan and ongoing emergency order. As I detailed in a post on this subject in May, the Subway Action Plan and the Governor’s insistence on pushing through everything as fast as possible led to a huge spike in overtime spending.

By itself, that’s fine. The subways needed to be blitzed by repair work, and while I still believe Save Safe Seconds has had more of an impact on improved subway performance than the action plan, the action plan has helped (for example, by focusing on basics such as clearing out clogged drains). But Cuomo has been so obsessed with overtime spending that he can’t or won’t focus on the good overtime vs. the bad overtime. It’s all just a negative to him, and so he’s pushing through his own plan to combat overtime, exposing the MTA Board for the empty vessel it is.

During last month’s contentious meeting, most of the board members overruled the objections of Larry Schwartz, Cuomo’s enforcer on the MTA Board, to turn down a request for the agency to hire a prosecutor to investigate fraud. These board members instead recommended a consultant to help the MTA reform its time-and-attendance practice while relying upon the new MTA Inspector General (appointed by Cuomo) and the proper state or county Attorneys General to prosecute the fraud. But that led to one disgruntled governor, and so he went to work.

As Dana Rubinstein reported for Politico New York last week, Cuomo simply overruled the MTA Board and decided that the agency will hire a former prosector to investigate overtime abuses anyway. As Rubinstein notes, Carrie Cohen, the Morrison & Foerster partner who will be approved next week, will cover similar ground as the new MTA IG, and those who opposed the appointment initially weren’t happy. “This was all debated once and defeated,” John Samuelsen, TWU International president and MTA Board member, said to Rubinstein. “This has now become an example of, ‘If I don’t get my way the first time, we’re going to ram it down throats anyway.’”

Cuomo is a master at this type of exploitation, and he’s using the overtime scandal to dubious ends. Following the appointment of the new MTA IG and a subsequent tampering of a time-tracker at an LIRR office, another time clock was damaged, this time at a New York City Transit facility. Cuomo lumped the incidents together, but I’ve since been told by multiple MTA sources that the second incident was an accident. Furthermore, it impacted a time clock used by managers and not rank-and-file who are accused of running the overtime fraud. Cuomo, in public statements, claimed they were all related, and this may be another part of his unnecessary and one-sided battle with Andy Byford. I’ll come back to motive shortly.

Meanwhile, Cuomo is barely even trying to hide the way he’s manipulating the MTA. Take the makeup of the Board. We know Cuomo controls the plurality of Board seats, for what that’s worth when discussing a rubber-stamp organization, and lately, he’s taken to making the most of it. Word recently emerged that Cuomo was looking to name Albany-based state budget director Robert Mujica and Linda Lacewell, the current nominee for Superintendent of the New York State Department of Financial Services, to the Board, but the governor doesn’t currently have two seats to fill.

The Post got to the bottom of things: Reportedly, Michael Lynton, confirmed to the MTA just this spring, will be (or has been) booted from the Board, allegedly for being too independent. Fernando Ferrer will also be leaving his post. Replacing Lynton with Mujica will require the state legislature to waive residency requirements, and it’s not at first clear why they should. Is Mujica that important to the MTA Board for the legislature to waive these requirements in a last-minute hearing this week or next? If they do waive these requirements, what’s stopping Cuomo from naming upstate allies to a downstate board anyway?

Cuomo, in a radio appearance on Alan Chartock’s show last week, claimed Lynton’s independence had nothing to do with the move. Said the governor to his pal on WAMC:

Michael Lynton, when I put him on, the need was to bring new tech firms into the MTA sphere because the MTA keeps contracting with these bad contractors who I believe they have an incestuous relationship with. And the new issue became these, over the past couple of weeks, the US attorney’s investigation the Queens DA in vandalism of time and attendance systems. So, the way a coach will shift players depending on what’s happening on the court, basketball, and the need Michael Lynton, who’s great, and is from the tech world and I think that bringing new tech vendors. Today the need is financial expertise, anti-fraud systems. So I switched for the state budget director, who is a financial wizard, in my opinion, and can safeguard the state money and the Department of Financial Services commissioner who is a former federal prosecutor and is very good on financial fraud. It had nothing to do with Fernando Ferrer or Michael Lynton, who are both great, I’m going to put them on other boards.

But this move isn’t an innocent one. In a long and rambling statement released during the height of the L train debate in January, Mujica called for full gubernatorial control of the MTA Board. It was a bit of a sleight of hand since, as I’ve detailed above, the governor already controls the management and operations of the MTA, but you can see why and how Cuomo is stacking the board with third-term loyalists. These appointees play fast and loose with their own financial disclosure requirements and may not even live in the MTA service area. This doesn’t strike me as a shift toward better governance.

So back to the question of motive. For all of these machinations, maneuvers and public misdirections, I’m hard-pressed to figure out what Cuomo is after and why. He may, as has been loudly discussed in transit circles over the past few weeks, be looking to push out those who are outside of his circle and who get credit for good work they do. He may be leaning on the MTA, a prominent organization and one that plays a large role in the city and state, as a way to reward those still loyal to him after nearly nine years in office. He may simply have it in his head that he can fix things. But as with many areas, his moves seem to be responsive and reactive rather than proactive, and he’s not attacking the roots of the MTA’s many problems (or allowing those who can free rein to operate).

The MTA sits on the edge of a cliff, and one push in the wrong direction can send everyone and everything tumbling off it yet again. Is Cuomo chipping away at the foundation or building a stronger one? I lean toward the former but wish for the latter, and I don’t know why or where it all goes from here.

Andy Byford, seen here on an L train, needs the Governor to support, rather than fight, him to be able to see through his plan to fix the subways. (Photo: Marc A. Hermann / MTA New York City Transit)

A few weeks ago, when the Emma Fitzsimmons’ story on Andrew Cuomo’s inability to coexist with Andy Byford first broke in April, the governor took exception to the story. In an appearance on Alan Chartock’s show on WAMC, Cuomo slammed the paper over the story.

“I think they have to sell newspapers. I think that is the way of the world. I think it’s symptomatic of our political system now. You have less public trust in newspapers, in politicians,” he said to Chartock, who just chuckled along with his friend the Governor. Cuomo continued, “There’s a chairman who runs the authority. In this case it’s Pat Foye. And I deal with the chairman. It’s very rare for me to deal with a division head directly.”

To Cuomo, in his public statements at least, Andy Byford, the president of New York City Transit and a globally respected leader in his fielder, was simply a division head, and the Governor of New York couldn’t be bothered with those.

Unsurprisingly, Cuomo’s statement was mere hyperbole. As two MTA sources have since told me, Cuomo regularly talks to actual division heads and even lower-ranking MTA employees. A few days before his appearance on Chartock, Cuomo was on the phone with managers in Transit’s Division of Operations Planning discussing signal timers and speed restrictions, my sources have told me, and in the intervening weeks, Cuomo and his MTA loyalists have continued to involve themselves in Byford’s Save Safe Seconds campaign to speed up the subways and repair faulty signals and recalibrate unnecessarily slow speed limits.

Cuomo, according to a senior MTA official, has tried to implement his own version of moving fast and breaking things, Mark Zuckerberg’s now infamous motto that hasn’t aged too well. The governor, I’ve been told only talks to certain members of the signals team (but not, according to my sources, Byford) and has repeatedly asked why the MTA cannot simply implement a blanket increase in speed and be done with it. The same senior source explained that Transit is implementing the speed increases in a methodical way to ensure passenger safety is paramount, and Cuomo’s approach would be both inefficient and not nearly as safe.

But signals are just one area where the governor has resisted Transit’s — and by extension, Byford’s — authority. As Larry Schwartz and Andy Byford discussed at last week’s MTA Board meeting, the ongoing Grand Central 4/5/6 rehabilitation project is another source of conflict. Byford’s and Schwartz’s exchange was the first the public had heard of any issues with this project, and while it’s a lengthy and messy one, Transit has kept most of the second busiest subway station in NYC open and accessible during a comprehensive rebuild of the station.

Still, as one MTA source relayed to me, a few weeks ago, Melissa DeRosa, a top Cuomo aide, arrived at Grand Central during the height of rush hour and amidst a delay in service on the Lexington Ave. line. She witnessed capacity crowd conditions and promptly raised concerns about the project. Now, Cuomo and his allies on the MTA Board are making noises about the project. One source told me they objected to the replacement of a staircase rather than a repair, and Cuomo’s allies are making noises about removing the project from Transit’s purview and placing it under the auspices of Capital Construction. There’s no real need to do this, and in fact, the complexity of the project and the need to ensure it doesn’t interfere with Lexington Ave. subway service would generally dictate that Transit oversees it. But that’s the nature of the impasse. Cuomo is in charge, and he wants what he wants whether it makes sense.

The back-and-forth between Cuomo and the professional staff at Transit doesn’t end here. One MTA official told me that nearly $1 billion worth of procurement orders are awaiting Cuomo’s signoff and are simply sitting on his desk waiting for action. Since the design-build threshold sits at $25 million, anything over must be design-build or receive a waiver, and Cuomo hasn’t moved on approving these projects. MTA insiders feel this stall tactic by Cuomo is another way for the governor to avoid doling out promised state capital funds to the MTA, on the one hand, while accusing the agency of spending too slowly on the other. Dave Colon explored this issue in a Gotham Gazette piece last month.

It’s one thing for Cuomo to be responsible for the MTA and in charge of the agency (which he is). It’s another for him to be openly or quietly antagonistic toward the men and women he’s tasked with fixing the subway because he either doesn’t like the attention they’ve gotten or worse. This saga came to a head again on Tuesday when WNYC and Gothamist ran a piece questioning the Byford-Cuomo relationship. Despite constant on-the-record denials by Byford to numerous reporters (including me) in recent weeks and one in the piece, WNYC claimed rumors about Byford’s departure were resurfacing. They’re not, but later in the day, Brian Lehrer asked the governor about his relationship with Cuomo, and Reinvent Albany transcribed the exchange.

If you care about future of @MTA @NYCTSubway @NYCTBus @LIRR @MetroNorth and missed @NYGovCuomo on @BrianLehrer today — check out our transcript/summary. #Provocative. @2AvSagas @TransitCenter @StreetsblogNYC pic.twitter.com/K9TxfH63By

— Reinvent Albany (@ReinventAlbany) June 4, 2019

Cuomo, you’ll note, referred again to the agency presidents as “division heads” and filibustered by talking about the LIRR overtime issues, a problem in which Andy Byford and New York City Transit have no role. After claiming that the MTA “needs to make major reforms” and that the MTA Board will decide Byford’s fate (it won’t; Cuomo will), the governor offered a lukewarm endorsement for Byford and the other agency presidents. The talk on fare hikes to fund Fast Forward, a plan Cuomo should endorse and embrace but won’t, and the claim that he’s on the side of the riders doesn’t ring true at all. Supporting the riders would mean throwing the full weight of his office behind a fully funded Fast Forward plan.

Later in the day, when I asked the governor’s office about his involvement in management and operations decision and his relationship with Byford, his office offered a statement: “The Governor supports Andy Byford; he said it himself on the radio this morning. We’ll leave the conspiracies and gossip to others.”

So as the relationship between the governor and the agency he controls seems to teeter along in some state of unrest — where the governor doesn’t appear to trust the experts he brought in and should trust to get the job done — where does that leave things? Based on the current status quo, Andy Byford isn’t leaving tomorrow or next week. That could change if Cuomo forces him out, and the looming MTA reorganization should be telling one way or another. Will Cuomo try to remove Save Safe Seconds or even the Fast Forward plan from Transit? Could that be a tipping point? We’ll find out soon.

Ultimately, as I wrote in April, I viewed Fitzsimmons’ original story that brought these simmering tensions into the open as a message from Byford’s proponents. Transit allies were trying to get the point across to the governor, in a suitably subtle way, that Cuomo needs Byford to fix the MTA more than Byford needs Cuomo. The governor, if he lets his NYC Transit president do his job, can take credit for being the chief executive of New York State who oversaw the revival of the MTA. Never mind that Cuomo’s neglect got the city into this position; Cuomo’s acceptance of an expert’s plan can get the city out of that position will earn him plaudits. It’s been a rocky few weeks since then, and Cuomo may not be able to step back and let the repair work proceed apace. But if Cuomo pushes out Byford, would anyone qualified and competent even want to take the job next? And where would that leave all of us?

For the sake of the city, this tension should subside, and the MTA funding should flow so repair and modernization work can continue. There’s no real need, other than ego, for any other outcome.