Tuesday, June 5, 2012

A Letter To Executive Director Patrick Foye from Chairman of Assembly Transportation John Wisniewski


           N e w J e r s e y S t a t e L e g i s l a t u r e


May 29, 2012

Mr. Patrick J. Foye
Executive Director
Port Authority of New York and New Jersey

225 Park Avenue South
, 15th Floor
New York, New York 10003


Dear Executive Director Foye:

I am writing this letter to ask for the production of certain documents concerning the
finances of the Port Authority of New York and New Jersey (“Port Authority”). On March 15,
2012 the New Jersey General Assembly adopted Assembly Resolution No. 61 constituting the
Assembly Transportation, Public Works and Independent Authorities Committee (“committee”),
as a special committee of the Legislature. As a special committee of the Legislature, the
committee has the power to issue subpoenas to compel attendance and testimony of persons and
the production of books, papers, correspondence, and other documents. Before using the
authority granted to it by AR-61, the committee is requesting that the Port Authority voluntarily
provide to the committee the following records no later than 30 days from the date of this
request:

Toll Increases
• For the period beginning January 1, 2011 through the date of your receipt of this request,
any and all records concerning the toll increase approved by the Port Authority on August
9, 2011, including email correspondence, from or to Governor Chris Christie, Bill Baroni,
David Samson, Christopher Ward, and Patrick Foye, and including all records related to
the amount of revenue projected to be generated from the toll increase and the projects to
be funded with that revenue.
• For the period beginning January 1, 2011 through the date of your receipt of this request,
any and all records, including email correspondence, from or to staff of the Port
Authority and/or the Port Authority’s Board of Commissioners, concerning the toll
increase approved by the Port Authority on August 9, 2011, including, but not limited to,
all records related to the amount of revenue projected to be generated from the toll
increase and the projects to be funded with that revenue.

ARC Tunnel
• Any and all records, including email correspondence, from or to Governor Chris Christie,
Andrew Sidamon-Eristoff, Richard Bagger, James Weinstein, James Simpson, Anthony
Coscia, Christopher Ward, Bill Baroni, Kim Vaccari, Paul Blanco and Lynn Bo wersox
related to the Access to the Region’s Core (“ARC”) project from the period beginning
March 26, 2010 through the date of your receipt of this request, including all data and
records used to determine the cost overruns identified in the ARC Executive Steering
Committee’s October 7, 2010 memorandum to Governor Christie.
For the period beginning September 1, 2010 through October 7, 2010: (1) any and all
records, including email correspondence, prepared by James Simpson in connection with
the ARC Executive Steering Committee; and (2) any and all records, including email
correspondence, related to the recusal of James Simpson from the ARC Executive
Steering Committee, including the “Recusal Memo to Myron P. Shevell” referred to in
the October 5, 2010 email from Vanessa Torpila-McCulley to Philip E. Issac.

Hiring Practices
• For the period beginning January 1, 2010 through the date of your receipt of this request,
any and all records, including email correspondence, in connection with Port Authority
employees who were hired after being recommended or referred by Governor Chris
Christie or any member of his administration including, but not limited to, every person
referenced in the agency document titled "NY/NJ Executive Referrals" that was referred
to in the February 10, 2012 Star Ledger. Any document provided should include a list of
all candidates who were recommended, indicating: (1) the names of all who were hired,
their titles and salaries, (2) the names of and those candidates who were recommended
but did not get offered a position at the Port Authority. For each position that was filled
by a candidate recommended by Governor Christie or a member of his administration, the
documentation should include the job posting, job description, and methods used to
advertise the position.

Overtime
• For the period beginning January 1, 2010 through the date of your receipt of this request,
a month by month total of overtime expenses at the Port Authority. In addition, on a
calendar year basis for 2010, 2011, and through April 2012, a list of the top 50 employees
in terms of overtime earnings. In addition, please provide a copy of the Port Authority’s
overtime policy, including the required approval process and criteria for overtime usage.

FOIA Requests
• For the period beginning January 1, 2010 through the date of your receipt of this request,
a copy of every Freedom of Information Act (“FOIA”) request or other public records
request received by the Port Authority that was denied or not responded to by the Port
Authority.

Board Meetings
• For the period beginning January 1, 2010 through the date of your receipt of this request,
a list of every Port Authority Board of Commissioner’s (“Board”) meeting, the dates and
times when the Board went into executive session, a list of attendees from Governor
Christie’s administration at the board meetings and at the executive sessions, and copies
of the Board Executive session meeting minutes.

Leased Property
• For the period beginning January 1, 2010 through the date of your receipt of this request,
any and all records, including email correspondence, in connection with the Port
Authority’s decision to lease the 2-acre tract on
12th Avenue
at
30th Street
in New York,
New York.
The term “records” includes hard copy documents and correspondence as well as
electronic mail transmissions and electronically stored data, documents and correspondence.
Attachments, exhibits and enclosures are included as well. Kindly produce a log of any documents and/or correspondence withheld from production on the basis of any claimed privilege or protection, and retain such documents and/or correspondence.


The committee would accept mail or messenger delivery of the requested records at the following address:  
Charles A. Buono, Jr.
Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625


Very Truly Yours,

John S. Wisniewski,
Chairman, Assembly Transportation,
Public Works and Independent
Authorities Committee

c Honorable Linda D. Stender, Vice-Chair
Honorable Marlene Caride
Honorable Upendra J. Chivukula
Honorable Thomas P. Giblin
Honorable Charles S. Mainor
Honorable Ruben J. Ramos Jr.
Honorable Celeste M. Riley
Honorable John F. Amodeo
Honorable Scott Rudder
Honorable Brian E. Rumpf
Honorable David W. Wolfe
Honorable Jon M Bramnick, Minority Leader
Aaron Binder, Assembly Majority Office
Glen Beebe, Assembly Republican Office


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