FRA Certification Helpline: (216) 694-0240

(The following story by Steve Ritea appeared on the Newsday website on June 26.)

NEW YORK — Bowing to mounting political and public pressure, the Metropolitan Transportation Authority board voted yesterday to restrict systemwide passes held by 22 current board members and take away lifetime passes enjoyed by 37 former board members.

The quick unanimous vote, with one abstention, came after a closed-door executive session that lasted more than an hour during the board’s regularly scheduled meeting in midtown Manhattan.

As recently as last week, several members had said they opposed any change to the policy, which dates back six decades for some parts of the system. Yesterday, only James L. Sedore of Dutchess County, one of several board members who shares a single vote with three other members, voted to abstain. He could not be reached later yesterday. Members Andrew M. Saul of Westchester County and newcomer Robert C. Bickford of Putnam County were not present.

Attorney General Andrew Cuomo, who last week threatened to sue board members if the perk he deemed illegal was not curtailed, called the vote a recognition “that no one, including government agencies and officials, is above the law.”

Board chairman Dale Hemmerdinger and MTA chief Elliot Sander, speaking after the meeting, said the board had done nothing illegal in granting the passes. The change allows current board members to use passes only while on official MTA business.

Hemmerdinger was visibly irritated with reporters’ questions.

“You have made an issue of whether people get a free ride or not and that took the focus off the really epic issues facing the MTA, which are how we’re going to fund mega-projects and how we’re going to fund service for 8.5 million New Yorkers who use our services,” he said.

Gene Russianoff, lead attorney for the Straphangers Campaign, the riders’ advocacy group, expressed disappointment that the board “didn’t use this opportunity to tell riders, ‘We understand your plight; we share it.'”

“Could they have been more contrite?” Russianoff said. “I think so.”

A month ago, the board announced it would change the policy after receiving a letter from Cuomo challenging it. Then, the issue got newfound attention last week when board vice chairman David S. Mack of Kings Point, who also chairs the MTA’s Long Island Committee, said he wouldn’t use the Long Island Rail Road if not for the passes.

In a letter to Hemmerdinger on Tuesday, LIRR Commuters Council Chairman Gerard Bringmann stopped short of asking for Mack’s removal as committee chief. But he said the comments “severely undermined Mr. Mack’s leadership of the MTA Long Island Committee and his ability to act as an advocate for the LIRR riders.”

Hemmerdinger said he has no intention of appointing a new chair of the committee.

One of the former board members appeared at yesterday’s meeting to argue he be allowed to keep his pass, and to say he will sue if it’s taken away.

“How can you take away something you give to somebody?” asked Warren Dolny, who now lives in the Bronx but as a Monsey resident represented Rockland County on the board. Dolny logged 918 E-ZPass transactions from November 2006 to November 2007, the highest of any current or former board member.

Erin Duggan, a spokesman for Gov. David A. Paterson, said the governor was pleased with the board’s vote. Last week, Paterson urged the board to change the policy.

“At a time when we’re asking everyone in state government to control their spending, this was an appropriate decision,” Duggan said.

HOW MTA REACHED ITS DECISION

May 27. In a letter, Attorney General Andrew Cuomo says the Metropolitan Transportation Authority should “immediately terminate and rescind all free E-ZPass tags” and other free passes to current and former board members, calling the passes “illegal compensation.”

May 28. After a lengthy executive session at its monthly meeting, MTA board members say they’ve done nothing wrong and will seek their own court opinion on the issue.

May 29. In an abrupt about-face, the MTA announces it will ask the board to rescind former board members’ passes and limit current members to using the passes only on official MTA business.

June 18. Board vice chairman David S. Mack, when asked if he’d ride the LIRR if not for the passes, says: “Why should I ride and inconvenience myself when I can ride in a car?”

June 19. Mack apologizes for the remarks. Gov. David A. Paterson says board members should pay fares and tolls like everyone else, and Cuomo threatens to sue board members if they don’t approve the policy change.

June 25. MTA board members vote to restrict 22 current board members’ passes and take away the lifetime passes of 37 former board members.