SENATE RESOLUTION No. 1 STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED JANUARY 16, 2014

Transcription

1 SENATE RESOLUTION No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED JANUARY, 0 Sponsored by: Senator STEPHEN M. SWEENEY District (Cumberland, Gloucester and Salem) Senator LORETTA WEINBERG District (Bergen) SYNOPSIS Constitutes special committee of Senate entitled Senate Select Committee on Investigation. CURRENT VERSION OF TEXT As introduced.

2 SR SWEENEY, WEINBERG A SENATE RESOLUTION constituting a special committee of the Senate entitled the Senate Select Committee on Investigation. WHEREAS, Recent events have highlighted serious issues with the organizational structure and management of the Port Authority of New York and New Jersey (Port Authority) and have suggested that additional measures are necessary to increase the accountability and transparency at the Port Authority; and WHEREAS, On August, 0, the Port Authority announced new proposed toll and fare increases and held 0 public hearings to receive public comment about the proposed increase on one day, August, 0, leaving the public little time to learn of, and comment on, these proposed toll and fare increases; and WHEREAS, On August, 0, the Governors of New York and New Jersey submitted a letter to the Port Authority expressing their disapproval of the proposal and providing an alternate toll and fare increase plan, which the Board of Commissioners of the Port Authority approved the next day; and WHEREAS, A report issued by the United States Government Accountability Office in August 0, entitled Interstate Compacts: Transparency and Oversight of Bi-State Tolling Authorities Could Be Enhanced, was critical of the conditions surrounding the approval of the toll and fare increases, suggesting that the Port Authority lacked a transparent process for involving the public in the decision making; and WHEREAS, In response to toll and fare increases approved in August 0, the Governors of New York and New Jersey ordered the Port Authority to undertake a comprehensive review and audit of the agency; and WHEREAS, The first part of that review concluded that the Port Authority must conduct a meaningful top-to-bottom organizational redesign focused on operating efficiencies and rooted in clearly defined roles and responsibilities, transparency, accountability, and aligned incentives ; and WHEREAS, Despite the recommendations in the Government Accountability Office report and the review and audit conducted at the behest of the Governors of New York and New Jersey, the Port Authority continues to operate in ways that do not honor the public trust and suggest that the Port Authority s organizational management and structure fail to provide sufficient safeguards against employees engaging in activities which do not further the agency s mission; and WHEREAS, Then, on September, 0, the Port Authority reduced the number of access lanes from Fort Lee, New Jersey onto the George Washington Bridge without notifying motorists or officials in Fort Lee; and WHEREAS, The lane closures which were in effect between September th and September th of 0 caused considerable traffic delays,

3 SR SWEENEY, WEINBERG significantly inconvenienced motorists, and had the potential to impair public safety; and WHEREAS, In response to initial inquiries, the Port Authority indicated that the decision to reassign access lanes was made by the then- Director of Interstate Capital Projects and was part of a traffic study conducted to determine the fairness of designating access lanes solely to local Fort Lee traffic; and WHEREAS, Public comments made by the Executive Director of the Port Authority call into question whether the reassignment of access lanes was related to a traffic study; and WHEREAS, In addition, the content of electronic mail messages released publicly suggest that the decision to reassign access lanes may not have been initiated by Port Authority staff and may have been directed by members of the Governor s staff; and WHEREAS, Given the enormity of the issues which have been exposed in the aftermath of the reassignment of access lanes in Fort Lee to the George Washington Bridge, it may be fitting for the Legislature as a collective body to further investigate all aspects of the finances, operations, and management of the Port Authority and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power; and WHEREAS, The General Assembly has also acted in this matter, and so it is fitting and proper for this House to constitute a special committee to investigate the organizational structure and management of the Port Authority and further investigate all aspects of the finances, operations, and management of the Port Authority and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power; now, therefore, BE IT RESOLVED by the Senate of the State of New Jersey:. There is constituted a special committee of the Senate entitled the Senate Select Committee on Investigation, comprising seven members to be appointed by the Senate President, not more than four of whom shall be of the same political party. The Senate Minority Leader shall submit to the Senate President a list of the Minority Leader s recommendations of members to the special committee. The Senate President shall appoint the Chair and Vice- Chair of the special committee from among the special committee s appointed members.. The Senate Select Committee on Investigation shall investigate the organizational structure and management of the Port Authority; all aspects of the finances, operations, and management of the Port Authority; and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power including, but not limited to, the reassignment of

4 SR SWEENEY, WEINBERG access lanes in Fort Lee, New Jersey to the George Washington Bridge.. For the purposes of carrying out its charge under this resolution, the Senate Select Committee on Investigation shall have all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers: a. conferred pursuant to chapter of Title of the Revised Statutes, including, but not limited to, the power to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data; b. to hold hearings, take testimony under oath, and receive documentary or physical evidence relating to the matters and questions it is authorized to investigate or study; c. to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews; d. to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection; e. to utilize the powers provided under R.S.:- or hold the Port Authority in contempt of the committee; f. to make findings and reports to the Senate of any recommendations, including recommendations for enforcement, that the committee may consider appropriate with respect to the willful failure or refusal of any person to appear before it, to answer questions or give testimony during an appearance of that person as a witness, or to produce before the committee any books, papers, correspondence, other documents and materials, and electronic records and data in compliance with any subpoena; g. to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States; h. to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and i. to adopt additional rules or procedures not inconsistent with this resolution.. a. The Senate Select Committee on Investigation shall be entitled to call to its assistance and avail itself of the services of the employees of the State of New Jersey, any political subdivision of the State, and any agency thereof, as may be required and as may be available for that purpose, and to employ any other services as may be deemed necessary, in order to perform the duties provided

5 SR SWEENEY, WEINBERG herein, and within the limits of funds appropriated or otherwise made available for that purpose. b. The Senate Select Committee on Investigation shall be entitled to call to its assistance, employ, and avail itself of the services of special counsel retained to assist the Senate Select Committee on Investigation.. This resolution shall take effect immediately and the special committee s powers pursuant to chapter of Title of the Revised Statutes shall expire at the conclusion of the th Legislative Session. STATEMENT This resolution constitutes a special committee of the Senate entitled the Senate Select Committee on Investigation, to investigate the organizational structure and management of the Port Authority; all aspects of the finances, operations, and management of the Port Authority; and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge. It is the sponsor s intent that any investigation by the Senate Select Committee on Investigation be conducted in an open and transparent manner. The special committee is to be comprised of seven members to be appointed by the Senate President, not more than four of whom are to be of the same political party. The Senate Minority Leader is to submit to the Senate President a list of the Minority Leader s recommendations of members to the special committee. The Senate President is to appoint the Chair and Vice-Chair of the special committee from among the special committee s appointed members. For the purposes of carrying out its charge, this resolution confers upon the Senate Select Committee on Investigation all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers: to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data; to hold hearings, take testimony under oath, and receive documentary or physical evidence; to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;

6 SR SWEENEY, WEINBERG to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection; to make findings and reports to the Senate of any recommendations; to utilize the powers provided under R.S.:- or hold the Port Authority in contempt of the committee; to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States; to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and to adopt additional rules or procedures. The resolution provides that the Senate Select Committee on Investigation may call to its assistance, employ, and avail itself of the services of special counsel retained to assist the Senate Select Committee on Investigation. The resolution expires at noon on Tuesday, January, 0. Further, it is the sponsor s view and desire that any successor joint committee of the Legislature established to investigate: the organizational structure and management of the Port Authority; the finances, operations, and management of the Port Authority; and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power, have access to documents secured by the Senate Select Committee on Investigation and any Assembly Committee conducting an investigation of these issues.