SCR169

A Concurrent Resolution urging the United States Congress to reexamine the organizational structure and management of the Port Authority of New York and New Jersey and to take measures to increase the accountability and transparency of the Port Authority for the safety of the region’s residents.

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 5, 2011 the Port Authority announced new proposed toll and fare increases and held 10 public hearings to receive public comment about the proposed increase on one day, August 16, 2011, leaving the public little time to learn of, and comment on, these proposed toll and fare increases; and

Whereas, On August 18, 2011, 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 2013, 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 2011, 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 9, 2013, the Port Authority reduced the number of access lanes from Fort Lee, New Jersey onto the George Washington Bridge from three lanes to one; and

Whereas, The lane closures which were in effect between September 9th and September 13th of 2013 caused considerable traffic delays, significantly inconvenienced motorists, and had the potential to impair public safety; and

Whereas, Testimony received by the Assembly Transportation, Public Works, and Independent Authorities Committee has revealed that the decision to reduce access lanes in Fort Lee appears to have been made by one Port Authority appointee, circumventing the normal protocols in place for undertaking changes that impact traffic congestion and public safety at Port Authority facilities; and

Whereas, The Board of Commissioners and high-level staff at the Port Authority are appointed by either the Governor of New Jersey or the Governor of New York; and

Whereas, This system of appointments has led to a dual structure which is inefficient and unable to protect the best interests of Port Authority toll and fare payers; and

Whereas, The reduction of lanes from Fort Lee onto the George Washington Bridge in September 2013 provides ample evidence that the current organizational structure and management of the Port Authority has failed to honor the public trust and that the Port Authority would benefit from efforts to improve its accountability and transparency; and

Whereas, The New Jersey Legislature attempted to improve accountability and transparency at the Port Authority by passing Senate Bill No. 1761 through both the Senate and General Assembly during the 2012-2013 Legislative Session; and

Whereas, Instead of supporting the Legislature’s attempts to address the issues at the Port Authority, Governor Christie issued a conditional veto of Senate Bill No. 1761 which would have stripped the bill of all provisions relating to the Port Authority had the Legislature approved the conditional veto; and

Whereas, It is fitting and proper for the Legislature to urge the United States Congress to reexamine the organizational structure and management of the Port Authority of New York and New Jersey and to take measures to increase accountability and transparency at the Port Authority for the safety of the region’s residents; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Congress of the United States is respectfully urged to reexamine the organizational structure and management of the Port Authority of New York and New Jersey and to take measures to increase accountability and transparency at the Port Authority for the safety of the region’s residents.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, the Chair of the Senate Commerce, Science and Transportation Committee, the House of Representatives Transportation and Infrastructure Committee, and every member of Congress elected from this State.

STATEMENT

This resolution urges the Congress of the United States to reexamine the organizational structure and management of the Port Authority of New York and New Jersey and to take measures to increase accountability and transparency at the Port Authority for the safety of the region’s residents.