Bridgegate Subpoenas on 17 January 2014

8/13/2019 Bridgegate Subpoenas on 17 January 2014

http://slidepdf.com/reader/full/bridgegate-subpoenas-on-17-january-2014 1/178

JOHN S W 1SN I I-WSK I

(~

hair

MARLENBOARIDL

I >« . {~ha ir

LOU IS » . OltEENWALD

GORDON M. JOHNSON

I>AUl, L>. MORIARTY

S. IMDA S Tl-ND i-R

Valerie v ain ier i hittib

iiONNIK WATSON COUiMAN

M ICHA l*l , PATRICK CARROU

Bl-.TTYLOU DcCROCEAM Y li I1AND I..1N

UOIJ.YT SO -tF.PiSI

$imtt ÿEtgelxfsrtSELECT COMM ITTEE ON INVESTIGATION

STATE HOUSE ANNEX

PO BOX 068

TRENTON N .I 08625-0068

CHARLES A M .JONO , JR .

Ofice of IX<ÿs/olnx' SurvivesCommittee A ide

(600)

(609)292-056 1 lux

January 16, 2014

Mr . W illiam Baroni, Jr .

A ttn : M ichael B . H immel

Law Off ice of Lowenstein Sandler

65 Livingston Avenue

Roseland, New Jersey 07068

Dear Mr. Baroni:

Please find attached hereto a subpoena requesting certain documents concerning all aspects of

the finances, operations, and management of the Port Authority of New York and New Jersey,

includ ing, but not limited to , the reass ignment of access lanes in Fort Lee , New Jersey to the George

Washington Bridge , and any other matter raising concerns about abuse of government power or an

attempt to conceal an abuse of government power. The Select Comm ittee on Investigation wouldaccept mail or messenger delivery of the requested records at the follow ing address on or before 5:00

p m , February 3, 2014: Charles A . Bu ono, Jr., Office of Leg islative Services , State House Annex ,

PO Bo x 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair

Procedure . The preferred method of delivery of the requested records is compact disk or DVD orsim ilar format .

If you have any substant ive questions about this request, please contact Special Coun sel Reid J .

Schar , Jenner & Block LLP, at (312) 923-2629 .

Enclosures

c Members - Select Comm ittee on Investigation

Reid J. Schar , Jenn er & Block LLP

Aaron Binder , Assembly Majority Office

Keith Laughlin, Assembly Republican Office

Glen Beebe , Assembly Repub lican Office

Charles A. Buono, Jr., Office of Legislative Services



SELECT COMM ITTEE ON INVESTIGATION

SUBPOENA

TO Will iam Baroni, Jr .

A ttn : M ichael B . H imm el

Law Off ice of Lowenstein Sand ler

65 Livingston Avenu e

Roseland, New Jersey 07068

WE COMMAND YOU , Laying aside all and singular business and excuses , to

produce all books , papers , correspondence , other documents and materials , and electronic

records and data described below , that you have in your possession or have access to relevant

to the Select Committee on Investigation's inquiry and investigation into all aspects of the

finances , operations , and management of the Port Authority of New York and New Jersey ,

includ ing, but no t lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the

George Washington Bridge , and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power , as more particularly set forth

on the attached Schedule A . These bo oks , papers, correspo ndence , other documents and

materials , and electronic reco rds and data shall be returned on or before 5:00 p.m., Monday ,

February 3 , 2014 to Charles A . Buono, Jr., Office of Legislative Services, State House

Ann ex , PO Box 068, Trenton, New Jersey 08625 . The Select Comm ittee on Investigation was

constituted as a special comm ittee of the General Assembly pursuant to Assembly Resolution

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014.

Your production of documents is governed by the Code of Fair Procedure and Chapter

13 of Tit le 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith .

Failure to comply with this Subpoena shall make you liable for such penalties as are

provided by law .

WITNESS , the hand of The Honorable Jdfin S\ W i6ni£w§ki , Chairman of the Se lectCommittee on Investigation, on this 16th day orJanuary , \(m4 .

Wisniewski , Chairman

ommittee on Investigation



SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Committee on Investigation.)

Please deliver the following :

1. All commun ication s of any kind, includ ing, but not lim ited to, any correspondence ,

no tes, documents , electronic mail transm issions, text messages , Blackberry Messenger

messages (a/k/a BBM messages ) , any and all instant messages or other

electronically stored data or information, including, without lim itation, any instant

messages

sent via any web or cellular phone based messaging systems , whether

exchanged via use of a personal compu tational device , including without limitation

devices commonly known as 'desktops,, 'laptops , 'smartbooks , 'tablets ,'smartphones

, 'cellular phones

,

, or iPads' , and exchanged between you and any other

person or entity , whether used by you in a business , personal , or any other capacity,

between September 1 , 2012 and the present date regarding the reduction from three to

one of the eastboun d Fort Lee, New Jersey access lanes to the George WashingtonBridge from September 9, 2013 through September 13, 2013.

2. All documents and records of any kind, including, but not lim ited to, any

correspondence , notes , documents, electronic mail transm issions, text messages ,

B lackberry Messenger messages (a/k/a BBM messages ), any and all instant

messages

whether sent via a personal compu tational device or cellular phone via any

and all web or cellular phone based messaging systems, any other electronically stored

data or information which is currently stored on any and all personal compu tational

devices in you r possession, dom inion, or control, includ ing, without limitation, devices

common ly known as desktops , 'laptops,, 'smartbooks,, 'tablets , 'smartphones ,

cellular phones , or

'

iPads,, exchanged between you and any other person or entity,whether used by you in a business , personal , or any other capacity , between September1

, 2012 and the present date regarding the reduction from three to one of the eastbound

Fort Lee , New Jersey access lanes to the George Washington Bridge from September9

, 2013 through September 13, 2013.

3. All documents of any kind whatsoever sufficient to show the date , time , originating and

receiving telephone number , originating cell site and sector , and duration for allincom ing and outgo ing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey , or any

other capacity , between September 1, 2012 and the present date regarding the reduct ion

from three to one of the eastbound Fort Lee , New Jersey access lanes to the GeorgeWashing ton Bridge from September 9, 2013 through September 13 , 2013.

4. All documents of any kind whatsoever evidenc ing electronic mail commun ication s sent

via any and all personal computational devices in your possession , dom inion, or

control , including withou t limitation devices commonly known as 'desktops,, 'laptops ,

'smartbooks

, tablets , 'smartph ones, , 'cellular ph ones , or 'iPads , whether used by

you in a business, personal , or any other capacity, relative to any and all



commun ications between September 1, 2012 and the present date regarding the

reduction from three to one of the eastbound Fort Lee , New Jersey access lanes to the

George Washington Bridge from September 9, 2013 through September 13, 2013.

5. All video and aud io recordings , and all voice mails , regarding the reduction from three

to one of the eastboun d Fort Lee , New Jersey access lanes to the George Washing tonBridge from September 9, 2013 through September 13, 2013.

6. All calendars , day planners , notes , and /or diaries from September 1, 2012 to the

present .

7. All smartphones , tablets , cellular phones, and personal digital or data assistants, or any

other similar device used by you at any time from September 1 , 2012 to the present,

whether used by you in a business , personal, or any other capacity .

Please produce a log of any documents and/or correspondence withheld from

production on the basis of any claimed privilege or protection, or withheld or redacted for any

reason, and retain such documents and /or correspondence.



Code of Fair Procedure

52:13E-1. Dein itions

A s used in th is act:

(a) Agency means any of the following while engaged in an investigation or

inquiry (1) the Governo r or any person or persons appointed by him acting pursuant toP .L 1941, c . 16 , s . 1 (C. 52:15-7), (2) any temporary State comm ission or duly autho rized

comm ittee thereof having the power to require testimony or the production of evidence

by subpoena, or (3) any legislative comm ittee or comm ission having the powers set forthin Revised Statutes 52:13-1.

(b) Hearing means any hearing in the course of an investigatory proceeding

(other than a prelim inary conference or interview at which no testimony is taken underoath) conducted be fore an agency at which testimony or the production of other evidenc e

may be compe lled by subpoena or other compulsory process .

(c) Public hearing means any hea ring open to the public, or any hearing, or

such part thereof , as to which testimony or other evidence is made available or

dissem inated to the public by the agency .(d) Private hearing means any hearing other than a public hearing .L 1968 , c. 376 , s . l,eff . Dec. 27 , 1968 .

52:13E-2 . Personal service

No person may be requ ired to appear at a hearing or to testify at a hearing unless

there has been personally served upon him prior to the time when he is requ ired to

appear, a copy of this act , and a general statement of the subject of the investigation . Acopy of the resolution , statute, order or other provision of law authorizing the

investigation shall be furnished by the agency upon request therefor by the personsummoned .

L 1968 , c. 376 , s . 2 , eff . Dec. 27, 1968 .

52:13E-3. Right to counsel ; submission of proposed questions

A witness summoned to a hearing shall have the right to be accompanied by

counsel, who shal l be perm itted to advise the witness of his rights, subject to reasonable

lim itations to prevent obstruction of or interference with the orderly conduct of the

hearing . Counsel for any witness who testifies at a public hearing may subm it proposed

questions to be asked of the w itness relevant to the matters upon which the witness hasbeen questioned and the agency shall ask the witness such of the questions as it maydeem app ropriate to its inqu iry.

L 1968 , c. 376 , s. 3 , eff . Dec. 27, 3968 .

52:13E-4 . Records of public hearings; copies

A complete and accurate record shall be kept of each public hearing and a witness

shall be entitled to receive a copy of his testimony at such hearing at his own expense .

Where testimony which a witness has given at a private hearing becomes relevant in a

crim inal proceeding in which the witness is a defendant, or in any subsequent hearing inwhich the witness is summoned to testify, the witness shall be entitled to a copy of such



testimony, at his own expense, provided the same is available, and provided fu ther that

the furnishing of such copy will not prejud ice the public safety or security .L 1968 , c . 376, s . 4, eff . Dec. 27, 1968.

52:13E-5 . Sworn statement by witness; incorporation in the record

A witness who testifies at any hearing shall have the right at the conclusion of hisexam ination to file a brief sworn statement relevant to his testimony for incorporation in

the record of the investigatory proceeding .L 1968 , c. 376 , s . 5 , eff. Dec. 27 , 1968 .

52:13E-6 . Persons affected by proceedings; appearance or statement of facts

Any person who se nam e is mentioned or who is specifically identified and who

believes that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tend s to defame him or

otherwise adversely affect his reputation shall have the right, either to appear personallybefore the agency and testify in his own behalf as to matters relevant to the testimony or

other evidence complained of, or in the alternative at the option of the agency, to file astatement of facts under oath relating solely to matters relevant to the testimony or other

evidence complained of, which statement shall be incorporated in the record of the

investigatory proceeding .

L 1968 , c . 375 , s . 6, eff . Dec . 27,1968 .

52:13E~7 . Rights or privileges granted by agencies

Nothing in this act shall be construed to prevent an agency from granting to

witnesses appearing before it, or to persons who claim to be adversely affected bytestimony or other evidence adduced before it, such futher rights and privileges as it maydetermine.

L 1968, c. 376, s. 7, eff . Dec. 27, 1968.

52:13E-8 . Dissemination of evidence adduced at private hearing

Except in the course of subsequent hearing which is open to the public , no

testimony or other evidence adduced at a private hearing or prelim inary con ference or

interview conducted before a single-member agency in the course of its investigation

shall be dissem inated or made availab le to the public by said agency, its counsel or

employees w ithout the approval of the head of the agency. Except in the course of asubsequent hearing open to the public, no testimony or other evidence adduced at a

private hearing or prelim inary conference or interview before a committee or othermultimember investigating agency shall be dissem inated or made available to the public

by any member of the agency, its counsel or employees, except with the approval of a

majority of the members of such agency. Any person who violates the provisions of th issubdivision shall be adjudged a disorderly person.

L 1968, c. 376, s . 8, eff . Dec. 27, 1968.



52:13E-9 . Hearing conducted by temporary state commission

No temporary State comm ission having more than two members shall have the

power to take testimony at a public or private hearing un less at least two of its members

are present at such hearing.

Nothing in this section , however, shall be deemed to prevent the State

Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the comm ission , with one

commiss ioner present, when so designated by resolution pursuant to the provisions ofsection 12 of P.L.1968 , c. 266 (C . 52:9M-12).

L 1968, c . 376 , s . 9, eff . Dec . 27 , 1968. Amended by L.1984, c . 110 , s . 5 , eff .

Aug . 3 , 1984.

52:13E-10 . Right of members to file statement of minority views

Nothing in this act shall be construed to affect, dim inish or impair the right, under

any other provision of law, rule or custom , of any member or group of members of acommittee or other multimember investigating agency to file a statement or statements of

m inority views to accompany and be released with or subsequent to the report of thecom m ittee or agency .L 1968

, c. 376 , s. 10 , eff . Dec. 27 , 196 8 .



Chapter 13 of Title 52 of the Revised Statutes

Article 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; legal and clericalassistance

Any joint comm ittee of the legislature, any standing comm ittee of either house, or any

special committee directed by resolution to enter upon any investigation or inquiry , the

pursuit of which shall necessitate the attendance of persons or the production of books orpapers, shall have power to compel the attendance before it of such persons as witnesses

and the prod uction before it of such books and papers as it may deem necessary, prop er

and relevant to the matter un der investigation. Any such committee shall also have the

power to employ such lega l and clerical assistance as it may deem necessary to the proper

conduct of the investigation.

52:13-2. Summons for witnesses; execution

If any person upon being summoned in writing by order of any committee mentionedin section 52:13- 1 of this title to appear before such committee and testify, fails to obey

such summons, the speaker of the house of assembly or the president of the senate may,

upon application to him , by warrant und er his hand order the sergeant at arms of the

house over which he presides to arrest such person and bring him before the comm ittee ,

and the sergeant at arms shall thereupon execute the warrant to him so directed.

52:13-3 . Compensation of witnesses; swearing witnesses; perjury; immunity ; refusalto answer or be sworn

Witnesses summoned to appear before any comm ittee authorized by this article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and mileage as persons summoned to testify in the couts of the state All such witnessesmay be sworn by any member of the committee conducting the investigation or inquiry;

and all witnesses sworn before any such committee shall answer truly all question s pu t to

them which the committee shall decide to be prop er and pertinent to the investigation or

inqu iry ; and any witness so sworn who shall swear falsely shall be guilty of perjury . No

such witness shall be excused from answering any such questions on the ground that to

answer the same might or would incrim inate him; but no answers made by any witness to

any such questions shall be used or admitted in evidence in any proceeding against such

witness, except in a criminal prosecution against the witness for perjury in respect to hisanswers to such questions .

Any witness who refuses to answer any questions decided by the committee to be

proper and pertinent shall be guilty of a m isdemeanor; and any witness who , having beensummoned to appear before any such committee, fails to appear in obedience to the

summon s or, appearing , refuses to be sworn shall be guilty of a misdemeanor .

52:13-4. Expenses of investigations; payment

The state treasurer shall , upon the warrant of the state comptroller, pay the fees and

mileage of witnesses called , the compensation of legal and clerical assistance employed

and the expenses of the sergeant at arms of either house in the execution of warrants



pursuant to section 52:13-2 of this title, when the same shall be certified as correct and

necessary by the chairman of the committee under who se autho rity and by whose order

the same shall have been incurred, but only when the chairman's certificate has received

the approval of the governor.

Article 2 . Contempts of Joint Legislative Committees.

52:13-5 . What constitutes contempt ; report thereof to legislature

Whenever, in any investigation or inquiry by any committee con stituted by joint

resolution of the legislature to enter upon or make such investigation or inquiry , any

witness summoned or subpoenaed to appear before such committee to testify or to

produce books, documents, papers or records, shall willfully neglect or refuse to appearin obedience to the summon s or subpoena, or shall willfully neg lect or refuse to produce

any books, documents, papers or records commanded to be produced by the summons or

subpoena, or shall refuse to be sworn or affirmed , or shall refuse to answer any question

pu t to him which the comm ittee shall decide to be proper and pe tinent to such

investigation or inquiry, or shall in any other way contemn the authority or privileges ofthe legislature, and the facts alleged to con stitute any such contemp t shall have been

repo ted by any such comm ittee to the legislature, the alleged contemner shall be tried ,

and the alleged contempt determined, as hereinafter provided.

52:13-6 . Joint session to determine alleged contempt; order for arrest ; service

The senate and general assembly may by concurrent resolution direct that the senate

and general assembly meet in joint session at a time and place therein fixed for the

purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant, directed to any sergeant at arms of either house or of the joint

session or to any sheriff, police officer, member of the state police, constable or other

peace officer, issue in such manner as shall be prescribed in and by the concurrentresolution for the arrest of the alleged contemner and the production of him at the bar of

such joint session , there to be heard.

52:13-7 . Hearing by joint session

At the time and place fixed as aforesaid , or at any adjournment, the joint session shallsit and summarily hear the evidence and the arguments relating to the alleged contempt

The joint sess ion shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every such

adjourned session.

52:13-8. Contemner ,s rights

Any alleged contemner shall have the right to-be heard before the joint session , to berepresented by counsel , to call w itnesses in his behalf, and to exam ine and cross-examinew itnesses.

52:13-9 . Determination of contempt by each house separately ; concurrent resolution

Ater the joint session shall have heard the evidence and such arguments as may be

made, the senate and the general assembly shall separately convene and shall separately



con sider and determine the alleged contempt; and the determination shall be by a

concurrent resolution, which may originate in either house .

52:13-10. Sentence ; order of commitment

Any person found to be guilty of a contempt of the legislature by a concurrent

resolution of the two houses thereof, as hereinbefore provided, may be sentenced toimprisonment in the state prison or in the common jail of any county for any period notexceeding six months as shall be directed in and by the concurrent resolution determ ining

the contempt, for the execution of which such concurrent resolution may order that a

commitment shall issue, directed to any sheriff , police officer, member of the state po lice,

constable or other peace officer, and to the keeper of the state prison or the keeper of the

common jail of any county, which comm itment shall be signed by the president of the

senate and the speaker of the house of assembly in office at the date of the issue thereof .

52:13-11. Continuing validity of commitment

Any comm itment issued in accordance with section 52:13-10 of this title shall remain

valid and effective until the imprisonment therein set forth shall have been served,

notwithstand ing the legislature which directed the issue of the comm itment maymeanwhile have adjourned or ended.

52:13-12 . Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended for hearing on

a charge of contempt under a warrant issued by direction of a concurrent resolution as

provided in section 52:13-6 of th is Title, in such amount and with such surety as the

judge shall determ ine to be reasonable, to appear before the Joint Sess ion of the

Legislature, at the time and place ixed by the warrant as well as at any and alladjournments thereof, and to stand to and abide such determ ination and sentence as maythereafter be found or imposed against the person so app rehended. Such recognizances

sha ll run in favor of the State of New Jersey and shall be iled by the judge in the off ice

of the Secretary of State .

Amended by L.195 3 , c. 49 , p. 853 , s. 2.

52:13-13. Powers given additional to other powers

The powers given by this article shall be in addition to the powers given by article 1 of

this chapter (s . 52:13- 1 et seq.).

> <

P3CO

c4

W *

£

sx<

O

P3H

2oo

<+-<

o

&73

<L>

-Gÿ*->

GO

c f

-Gÿ -j

&<z>

-G

03

o

-G

GO

_

cd

3OX)g

. «ÿ-<

~o -t

oo

$

V )

>%

1OJD

G. pH

(DX>

O<N

<4H

o<Di- i

> 5

£

c§

<+H

O

£73

-G

<x f

0)

S

B

£o>

.£>

O+-»

eo

<z>

C?

730)

-Q

*coCO

§CO

ÿ,

o

<N



STATE OF NEW JERSEY

Select Committee on Investigation

to

William Baroni, Jr .

A ttn : M ichael B . Himmel

Law Off ice of Lowenstein Sandler

65 Livingston Avenue

Roseland, New Jersey 0706 8

SUBPOENA

Duces Tecum

W rit Returnable on or before

5:00 p.m. , February 3, 2014

to


c/o Char les A . Buono, Jr .

Office of Legislative Services

State House Annex

PO Box 068

Trenton, New Jersey 08625

JOM iV S. WISNll-WSK I

Chair

MAKU rlNL- CAKJDE

I '«;<. (-httif

LOU IS ) . CiR iNVVAU)

GORDON, M . .IOMNSON

l>AUL l .>. MOR IARTY

LINDA ST liNDfi ll

VALERIE VAIN 1EK I HUTTL Ii

flON,N.,1-; WATSON COU iMAN

M iCHAEl. PATRICK CARROL L

Bl -TTYLOU DcCROCEAM Y H MANDUN

HOU .Y T jCHP.I,iSl

jffitf y&tfinatnttSELECT COMM ITTEE ON INVESTIGATION

STATE HOUSE ANNEX

FO BOX 068

TRENTO N 25 6 CHARLLSA . BUONOJR .

Office ofLexu/alnv Sun -lea

Committee Aide

(609) S<|7-3840

(609)292-056 fax

January 16, 2014

Ms . Maria Conelia

Off ice of the Governor

PO Box 00 1


Dear M s. Conelia :


the finances, operations, and management of the Po rt Authority of New York and New Jersey ,

includ ing, but not lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the George


attempt to conceal an abu se of government power . The Select Comm ittee on Investigation would

accept mail or messenger delivery of the requested records at the follow ing address on or before 5:00

p .m , February 3 , 2014 : Charles A . Buono , Jr., Office of Legislative Services , State House Annex,

PO Box 068, Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair

Procedure. The preferred method of delivery of the requested records is compact disk or DVD or

sim ilar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J .

Schar , Jenner & Block LLP, at (312) 923-2629.

Very truly yours,

JW/kjEnclosures

c Members - Select Committee on Investigation

Reid J. Schar , Jenner & Block LLP

Aaron B inder , Assembly Majority Office

Keith Laughlin, Assembly Repub lican Office

Glen Beebe , Assembly Repub lican Office

Charles A . Buono, Jr. , Office of Legislative Services




SUBPOENA

TO Maria Co nelia


PO Box 00 1


WE COMMAND YOU , Laying aside all and singular business and excuses to

produce all books , papers , correspondence , other documents and materials , and electronic



finances , operations and management of the Port Authority of New York and New Jersey ,

including bu t not lim ited to the reassignment of access lanes in Fort Lee New Jersey to the



011 the attached Schedule A . These books , papers , correspond ence, other documents and

materials , and electron ic records and data shall be returned on or before 5:00 p.m., Monday

February 3, 2014 to: Charles A . Buono, Jr., Office of Legislative Services , State House

Annex, PO Box 068, Trenton, New Jersey 08625 . The Select Committee on Investigation was

constituted as a special committee of the General Assembly pursuant to Assembly Resolution

No. 10 du ly passed by the General Assembly of the State of New Jersey on January 16, 2014 .


13 of Title 52 of the Revised Statutes . A copy of the Code of Fair Procedure is delivered to

you herewith .


provided by law .

WITNESS, the hand of The HonorableJÿi S.

Committee on Investigation , on this 16th day/5f Janua

wski, Chairman of the Se lect

niewski, Chairman

ommittee on Investigation



SCHEDULE A


Please deliver the following:

1. All communications of any kind, including, but no t limited to, any correspondence ,

notes , documents , electronic mail transmissions , text messages , Blackberry Messeng er

messages (a/k/a BBM messages ) , any and all " instant messages" or other


messages


exchanged via use of a personal computational device , includ ing without limitation

devices commonly known as 'desktops' 'laptops, 'smartbooks', 'tablets','smartphones

,

'cellular phones

,

or

'

iPads', and exchanged between you and any other

person or entity whether used by you in a business , personal , or any other capacity ,

between September 1, 2012 and the present date regarding the reduction from three to

one of the eastbound Fort Lee , New Jersey access lanes to the George Washing tonBridge from September 9, 2013 through September 13 , 2013.

2. All documents and records of any kind, including, but no t lim ited to, any

correspondence , no tes, documents electronic mail transmissions, text messages ,

B lackberry Messenger messages (a/k/a "BBM messages ) , any and all "instant

messages

whether sent via a personal computational device or cellular phone via any

and all web or cellular phone based messaging systems , any other electronically stored

data or information which is currently stored on any and all personal compu tational

devices in your possession, dom inion, or control , includ ing, without lim itation , devices

commonly known as 'desktops', 'laptops', 'smartbooks', 'tablets' 'smartphones',

'

cellular phones' or

'

iPads', exchanged between you and any other person or entity ,whether used by you in a business , personal , or any other capacity, between September1


Fort Lee New Jersey access lanes to the George Washington Bridge from September9

2013 through September 13, 2013.


receiving telephone number , originating cell site and sector , and duration for all

incom ing and outgoing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey, or any

other capacity , between September 1 2012 and the present date regarding the reduc tion

from three to one of the eastbound Fort Lee , New Jersey access lanes to the GeorgeWashington Bridge from September 9, 2013 through September 13, 2013.

4. All documents of any kind whatsoever evidencing electron ic mail communications sent

via any and all personal computational devices in your possession, dom inion, or

control, including without limitation devices commonly known as '

desktops', 'laptops,,'

smar tbooks,

, '

tablets,, 'smartphones,, 'cellular phones,, or ,iPads, whether used by

you in a business, personal , or any other capacity relative to any and all



communication s between September 1 , 2012 and the present date regarding the

reduction from three to one of the eastbound Fort Lee New Jersey access lanes to the

George Washing ton Bridge from September 9, 2013 through September 13 2013.

5. All video and audio recordings , and all voice mails, regarding the reduction from three

to one of the eastboun d Fort Lee , New Jersey access lanes to the George Washing tonBridge from September 9, 2013 through September 13, 2013.

6. All calendars , day planners notes , and /or diaries from September 1, 2012 to the

present.



reason, and retain such documents and /or correspondence.



Code of Fair Procedures

52:13E-1. Def initions

A s used in this act :

(a) "Agency" means any of the following while engaged in an investigation or

inquiry : (1) the Governor or any person or persons appointed by him acting pursuant toP .L .1941, c . 16 , s. 1 (C . 52:15-7), (2) any temporary State commission or du ly authorized

committee thereof having the power to require testimony or the production of evidence

by subpoena, or (3) any legislative comm ittee or comm iss ion having the powers set forthin Rev ised Statutes 52:13-1.

(b) "Hearing" means any hearing in the course of an investigatory proceeding(other than a prelim inary conference or interview at which no testimony is taken under

oath) conducted before an agency at which testimony or the production of other evidencemay be compelled by subpoena or other compulsory process.

(c) "Public hearing " means any hearing open to the public, or any hearing , orsuch part thereof, as to which testimony or other evidence is made available or

dissem inated to the pub lic by the agency.

(d) Private hearing" means any hearing other than a public hearing .L 1968, c. 376 , s . 1, eff . Dec. 27 , 196 8 .

52:13E -2 . Personal service

No person may be required to appear at a hearing or to testify at a hearing unless

there has been personally served upon him prior to the time when he is required to

appear, a copy of this act, and a general statement of the subject of the investigation. A

copy of the resolution, statute, order or other provision of law authorizing the


L 1968, c. 376, s . 2, eff . Dec. 27 1968 .

52:13E-3 . Righ t to counsel; submission of proposed questions

A witness summoned to a hearing shall have the right to be accompanied bycounsel, who shall be permitted to advise the witness of his rights, subject to reasonable



questions to be asked of the witness relevant to the matters upon which the witness has

been questioned and the agency shall ask the witness such of the questions as it maydeem appropriate to its inquiry.

L .196 8, c. 376 , s . 3 , eff . Dec. 27 , 1968 .

52:13E-4. Records of public hearings; copiesA complete and accurate record shall be kept of each public hearing and a witness






testimony, at his own expense, provided the same is available, and provided further that

the furnishing of such copy will not prejudice the public safety or security.L .1968 , c . 376 , s. 4 , eff . Dec . 27, 196?.


A witness who testifies at any hearing shall have the righ t at the conclusion of hisexam ination to file a brief sworn statement relevant to his testimony for incorporation in

the record of the investigatory proceeding.

L 1968, c. 376, s . 5, eff . Dec. 27, 1968.

52:13E-6 . Persons affected by proceedings; appearance or statement of factsAny person whose name is mentioned or who is specifically identified and who


any member of the agency or its counsel at such a hearing tends to defame him orotherwise adversely af fect his reputation shall have the right, either to appear personallybefore the agency and testiy in his own behalf as to matters relevant to the testimony orother evidence complained of , or in the alternative at the option of the agency, to file a

statement of facts under oath relating solely to matters relevant to the testimony or other

evidence complained of , which statement shall be incorporated in the record of the

investigatory proceeding.

L.1968 , c. 375, s . 6, eff. Dec. 27, 1968,

52:13E-7 . Rights or privileges granted by agencies


witnesses appearing before it , or to persons who claim to be adversely affected bytestimony or other evidence adduced before it, such further rights and privileges as it maydeterm ine .

L .1968, c. 376, s . 7, eff . Dec. 27, 1968.

52:13E-8 . Dissemination of evidence adduced at pr ivate hearing


testimony or other evidence adduced at a private hearing or preliminary conference or


shall be disseminated or made available to the public by said agency, its counsel oremployees without the approval of the head of the agency . Except in the course of a

subsequent hearing open to th e public , no testimony or other evidence adduced at aprivate hearing or preliminary conference or interview before a committee or other

multimember investigating agency shall be disseminated or made available to the publicby any member of the agency , its coun sel or employees, except with the app roval of a

majority of the members of such agency . Any person who violates the provisions of thissubdivision shall be adjudged a disorderly person.

L .1968, c. 376, s . 8, eff . Dec. 27 1968.




No temporary State comm iss ion having more th an two members shall have the


are present at such hearing .


Comm ission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the commission , with one

commissioner present, when so designated by resolution pursuant to the provisions ofsection 12 of P.L.1968, c. 26 6 (C. 52:9M-12) .

L 1968, c . 376 , s. 9 , eff . Dec . 27,1968 . Amended by L.1984, c . 110 , s. 5 , eff .

Aug. 3 1984.

52:13E-10 . Right of members to i le statement of minority views


any other provision of law, rule or custom, of any member or group of members of a

committee or other multimember investigating agency to file a statement or statements of

m inority views to accompany and be released with or subsequent to the report of the

committee or agency .

L 1968, c. 376, s . 10, eff . Dec . 27 1968.




Art icle 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; lega l and clerical

assistance

Any joint comm ittee of the legislature, any standing comm ittee of either house, or anyspecial committee directed by resolution to enter upon any investigation or inquiry, the

pursuit of which shall necess itate the attendance of persons or the production of books orpapers , shall have power to compel the attendance before it of such persons as witnesses

and the production before it of such books and papers as it may deem necessary, properand relevant to the matter under investigation . Any such comm ittee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the properconduct of the investigation.


If any person upon being summoned in writing by order of any comm ittee mentionedin section 52:13-1 of this title to appear before such comm ittee and testi y , fails to obeysuch summons, th e speaker of the house of assembly or the president of the senate may,

upon application to him , by warrant under his hand order the sergeant at arms of the

house over which he presides to arrest such person and bring him before the committee,


52:13-3. Compensation of witnesses; swearing witnesses; perjury ; immunity; refusalto answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or any

other law to conduct an investigation or inquiry shall be entitled to receive the same fees

and mileage as persons summoned to testify in the courts of the state . All such witnesses

may be sworn by any member of the committee conducting the investigation or inquiry;

and all witnesses sworn before any such comm ittee shall answer truly all questions pu t to

them which the committee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury . No

such witness shall be excused rom answering any such questions on the ground that to

answer the same m ight or would incrim inate him; but no answers made by any witness toany such questions shall be used or adm itted in evidence in any proceeding against suchwitness, except in a criminal prosecution against the witness for perjury in respect to hisanswers to such questions.

Any witness who refuses to answer any questions decided by the comm ittee to be

proper and pertinent shall be guilty of a m isdemeanor; and any w itness who , having been

summoned to appear before any such comm ittee, fails to appear in obedience to thesummons or, appearing, refuses to be sworn shall be guilty of a misdemeanor .

52:13-4. Expenses of investigations; paymentThe state treasurer shall , upon the warrant of the state comptroller, pay the fees and

m ileage of witnesses called, the compensation of legal and clerical assistance employedand the expenses of the sergeant at arms of either house in the execution of warrants




necessary by the chairman of the comm ittee under whose authority and by whose orderthe same shall have been incurred , but only when the chairman,s certificate has received

the approval of the governor .

Article 2. Contempts of Joint Legislative Committees.

52:13-5. What constitutes contempt ; report thereof to legislature

Whenever, in any investigation or inquiry by any comm ittee constituted by jointresolution of the legislature to enter upon or make such investigation or inquiry, any

witness summon ed or subpoenaed to appear before such committee to testiy or to

produce books, documents, papers or records, shall willfully neglect or refuse to appear

in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce. any books, documents , papers or records commanded to be produced by the summons orsubpoena, or shall refuse to be sworn or affirmed , or shall refuse to answer any question

put to him which the comm ittee shall decide to be proper and pertinent to suchinvestigation or inquiry, or shall in any other way contemn the authority or privileges of

the legislature, and the facts alleged to constitute any such contempt shall have been

reported by any such committee to the legislature, the alleged contemner shall be tried,

and the alleged contempt determined , as hereina ter provided.

52:13-6 . Joint session to determine alleged contempt; order for arrest; service



purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant, directed to any sergeant at arms of either house or of the joint

session or to any sheriff, police officer, m ember of the state po lice, constable or other

peace officer, issue in such manner as shall be prescribed in and by the concurrent

resolution for the arrest of the alleged contemner and the production of him at the bar ofsuch joint session, there to be heard.

52:13-7 . Hearing by joint sessionAt the time and place fixed as aforesaid, or at any adjournment, the joint session shall

sit and summarily hear the evidence and the arguments relating to the alleged contempt .

The joint session shall adjourn from time to time until the matter shall have been

disposed of and the alleged contemner shall appear and attend at each and every suchadjourned session.

52:13-8 . Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to berepresented by counsel , to call witnesses in his behalf, and to examine and cross-examinew itnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolutionA ter the joint session shall have heard the evidence and such arguments as may be

made , the senate and the general assembly shall separately convene and shall separately



consider and determ ine the alleged contempt; and the determ ination shall be by aconcurrent resolution, which may originate in either house .

52:13-10. Sentence; order of commitment


resolution of the two houses thereof, as hereinbefore provided, may be sentenced toimprisonment in the state prison or in the common jail of any county for any period not

exceeding six months as shall be directed in and by the concurrent resolution determ ining


comm itment shall issue, directed to any sheriff , police officer, member of the state police,

constable or other peace officer, and to th e keeper of the state prison or the keeper of the

common jail of any county, which comm itment shall be signed by the president of the

senate and the speaker of the house of assembly in office at the date of the issue thereof.

52:13-11 . Continuing validity of commitment

Any comm itment issued in accordance with section 52:13-10 of th is title shall remainvalid and effective until the imprisonment therein set forth shall have been served,

notwithstanding the legislature which directed the issue of the comm itment maymeanwhile have adjourned or end ed.

52 :13-12 . Bail of contemner

Any judge of the Superior Cou rt may let to bail any person apprehended for hearing ona charge of contempt under a warrant issued by direction of a concurrent resolution as

provided in section 52:13-6 of this Title, in such amount and with such surety as the

judge shall determ ine to be reasonable, to appear before the Joint Session of the

Legislature, at the time and place fixed by the warrant as well as at any and all

adjournments thereof, and to stand to and abide such determ ination and sentence as maythereaf ter be found or imposed against the person so apprehended. Such recognizances

shall run in favor of the State of New Jersey and shall be filed by the judge in the officeof the Secretary of State.

Amended by L.1953 , c . 49 , p. 853, s . 2.

52:13-13 . Powers given additiona l to other powers

The powers given by th is article shall be in add ition to the powers given by article 1 ofthis chapter (s . 52:13-1 et seq.) .

> <

PJ00

w>-5

W

Ztx<

O

W

H

£<Z )

<+-<

o

c3

O

<L>

&co

c3

.6

&C/5

-a

t5o

-E3

ao

Io+-J

oOG

. f-H

T )S-H

Oo

c3

so

£CO

> .-H

=3T3

00

C. .-(

<DX>

cooo

D

g J

X >. t-K

J3X<D

>%

X -

JS

13

ao

U

c3. »-<

e3

do

&

c4>

a*§00

C3. i-<

-C

J +->

T3<D

>

Otn

J8

1d

o3

<t»-H

O

<N

ÿ>-

>

0)V 3k->

<uÿ

5

0>

£

C

1<o

£

o

o

XO

CQ

OPu

s-T

>

O

O

4>

-C+_j

<+H

o

<DO

i<+ <

o

T3

so

Uc3

» »-<

03

O+j

3

<L>oi

<Z )

<L>

T3T303

<+-TO0>J-<

<1)

>v

Q-OO

<D

2+-»

c3

i <

<D

O

O

. «-<

&

GO IT)CS <N

*

> vo.£ oo00 O

<4-1

o

>>03

C J

O

.ÿt.

o

<N

<L>

6

t-i

ca<D

X>

Ei

1X5



zs

oo



STATE OF NEW JERSEY

Select Co mmittee on Investigation

to

M aria Conelia

Ofice of the Governor

PO Box 001


SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m., February 3, 2014

to


c/o Charles A . Buono , Jr .

Office of Legislative ServicesState House Annex

PO Box 068


JOHN S. W ISNI I-WSK I

I 'hair

MA IU J-NK CARIDI -

I'

ir.v < ~

hair

..() . is s> e :;iu -:i-nwa[ ,i .>

GORDONMJOHNSON

PAUL 0 MORIARTY

L INDA STBNOHR

VALERIE VA iN iE IU BUTTLE

BONN : WATSON COLEMAN

MICHAEL PATRICK CARROLL

BETTYLOU DcCROCIi

AMY II HAN D I ..1N

HOLLY T SCH I il>lSI

p jfSi Ibf iW fiSELE

CT COMM ITTE

E ON

INVEST IGATION

STATE HOUSE ANNEX

PO BOX 068

TRENTON NJ 08625-0068

CHARL IE A . liUONO. JR

Oice of Legislative ServicesCommittee Aide

(609) 847-3S40(609 ) 292-056 1 lax

January 16 2014

M r. M ichael D rewniak

Office of the Governor

PO Bo x 00 1

Trenton New Jersey 08625

Dear M r. Dreweniak :

Please find attached hereto a subpo ena requesting certain documents concerning all aspects of

the finances operations and management of the Port Authority of New York and New Jersey

includ ing bu t no t lim ited to the reassignment of access lanes in Fort Lee New Jersey to the George

Washington Bridge and any other matter raising concerns about abuse of government power or an

attempt to concea l an abuse of government power . The Select Comm ittee on Investigation would

accept mail or messenger delivery of the requested records at the following address on or before 5:00

p .m , February 3 2014: Charles A . Buono Jr. Office of Legislative Services State House Annex

PO Box 068 Trenton, New Jersey 08625. We also enclose herewith a copy of the Code of Fair


sim ilar format.

If you have any substantive questions about this request please contact Special Counsel Reid J .

Schar , Jenn er & Block LLP at (312) 923-2629.


Aaron Binder Assembly Majori ty Office


G len Beebe Assembly Repub lican Office

Charles A . Buono Jr., Office of Leg islative Services



SCHEDULE A

(to Subpoena dated January 16, 2014 issued by the Select Committee on Investigation.)


1. All commun ications of any kind including but no t lim ited to, any correspondence ,

notes, documents, electronic mai l transmissions, text messages Blackberry Messenger

messages (a/k/a BBM messages") any and all "instant messages or other

electron ically stored data or information including without limitation, any instant

messages

sent via any web or cellular phone based messaging systems, whether

exchanged via use of a personal compu tational device , including without limitation

devices commonly known as 'desktops' 'laptops', smartbooks,

, '

tablets' ,'

smartphones,

, '

cellular pho nes

, or '

iPads' and exchanged between you and any other

person or entity, whether used by you in a business , personal or any other capacity

between September 1 2012 and the present date regarding the reduction from three to

one of the eastbound Fort Lee New Jersey access lanes to the George WashingtonBridge from September 9, 2013 through September 13 2013.

2. All documents and records of any kind includ ing, bu t no t limited to, any

correspondence notes documents electron ic mail transmissions , text messages,

B lackberry Messenger messages (a/k/a "BBM messages") any and all "instant

messages


and all web or cellular phone based messaging systems , any other electronically stored

data or information which is currently stored on any and all personal computationaldevices in your possession, dominion, or control including without limitation devices

commonly known as '

desktops, 'laptops' 'smartbooks ', 1

tablets' 'smartph ones',

'

cellular phones>

, or '

iPads, exchanged between you and any other person or entity,

whether used by you in a business personal or any other capacity , between September1


Fort Lee New Jersey access lanes to the George Washing ton Bridge from September9

, 2013 through September 13 2013 .

3. All documents of any kind whatsoever sufficient to show the date

, time originating and

receiving teleph one number originating cell site and sector , and duration for all

incom ing and outgo ing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey or any

other capacity between September 1 , 2012 and the present date regarding the reduction

from three to one of the eastbound Fo rt Lee,

New Jersey access lanes to the GeorgeWashing ton Bridge from September 9 2013 through September 13, 2013 .

4. All documents of any kind whatsoever evidencing electronic mail commun ications sent

via any and all personal compu tational devices in your possession, dominion , or

control includ ing w ithout limitation devices commonly known as 'desktops,, 1laptops

,

'

smartbooks

, ,

tablets' 'smartphones' 'cellular phones,, or iPads' whether used by

you in a business, personal , or any other capacity relative to any and all



communications between September 1 2012 and the present date regarding thereduction from three to one of the eastbound Fort Lee , New Jersey access lanes to the

George Washington Bridge from September 9 2013 through September 13, 2013 .

5. All video and audio recordings and all voice mails regarding the reduction from threeto one of the eastbound Fort Lee

,

New Jersey access lanes to the George WashingtonBridge from September 9 2013 throu gh September 13 2013.

6. All calendars day planners notes and/or diaries from September 1,

2012 to the

present.

7. All smartphones tablets cellular phones and personal digital or data assistants, or any

other sim ilar device used by you at any time from September 1 2012 to the present,whether used by you in a bu siness personal , or any other capacity .


production on the basis of any claimed privilege or protection or withheld or redacted for any

reason and retain such documents and /or correspondence.




52:13E -1. Definitions



inquiry: (1) the Governor or any person or persons appointed by him acting pursuant toP.L 1941 c . 16 s. 1 (C . 52:15-7) (2) any temporary State comm ission or duly authorized


by subpoena or (3) any legislative comm ittee or comm iss ion having the powers set forthin Revised Statutes 52:13-1.

(b) Hearing" means any hearing in the course of an investigatory proceeding

(other than a prelim inary conference or interview at which no testimony is taken under

oath) conducted before an agency at which testimony or the production of other evidence

may be compelled by subpoena or other compu lsory process .

(c) Public hearing means any hearing open to the public, or any hearing orsuch part thereof as to which testimony or other evidence is made available or

dissem inated to the public by the agency.

(d) "Private hearing" means any hea ing o ther than a public hearing .L 196 8, c. 376 s . 1 eff . Dec. 27,196 8 .

52:13E -2 . Personal service

No person may be required to appear at a hearing or to testify at a hearing unless


appear , a copy of this act and a general statement of the subject of the investigation . A

copy of the resolution , statute, order or other provision of law authorizing the


L .1968 c. 376 s. 2, eff . Dec. 27,1968.

52:13E-3. Right to counsel; submission of proposed questionsA witness summoned to a hearing shall have the right to be accompanied by

counsel, who shall be perm itted to advise the witness of his rights, subject to reasonable


hearing . Counsel for any witness who testifies at a public hearing may submit proposed



L .1968 , c. 376, s. 3, eff . Dec. 27,1968.

52:13E-4 . Records of public hearings; copiesA complete and accurate record shall be kept of each public hearing and a witness



crim inal proceeding in which the witness is a defendant or in any subsequent hearing inwhich the witness is summoned to testify , the witness shall be entitled to a copy of such



testimony at his own expense, provided the same is available, and provided further thatthe furnishing of such copy will not prejudice the public safety or security .

L .1968 c. 376 s . 4, eff . Dec . 27,1968.


A witness who testifies at any hearing shall have the right at the conclusion of hisexamination to file a brief sworn statement relevant to his testimony for incorporation in

the record of the investigatory proceeding.L 196 8 c. 376 s . 5, eff . Dec. 27,1968.

52:13E-6 . Persons affected by proceedings ; appearance or statement of facts

Any person whose name is ment ioned or who is specifically identified and who


any member of the agency or its counsel at such a hearing tends to defame him orotherwise adversely affect his reputation shall have the right, either to appear personally

before the agency and testify in his own behalf as to matters relevant to the testimony orother evidence com plained of, or in the alternative at the option of the agency, to file a


evidence complained of which statement shall be incorporated in the record of theinvestigatory proceeding .

L .1968 c. 375 s. 6 eff . Dec. 27, 1968.

52:13E-7. Rights or pr ivileges granted by agencies


witnesses appearing before it, or to persons who claim to be adversely affected bytestimony or other evidence adduced before it, such further rights and privileges as it maydetermine.

L 1968 , c. 376, s. 7 eff . Dec. 27 1968.

52:13E-8 . Dissemination of evidence adduced at pr ivate hearing

Except in the course of subsequent hearing which is open to the public, no

testimony or other evidence adduced at a private hearing or prelim inary conference orinterview conducted before a single-member agency in the course of its investigation

shall be disseminated or made available to the public by said agency its counsel or

employees without the approval of the head of the agency . Except in the course of asubsequent hearing open to the public, no testimony or other evidence adduced at aprivate hearing or preliminary conference or interview before a committee or other

multimember investigating agency shall be disseminated or made available to the publicby any member of the agency, its counsel or employees, except with the approval of amajority of the members of such agency. Any person who violates the provisions of thissubd ivision shall be adjudged a disorderly person.

L .1968, c. 376 s. 8 eff . Dec. 27 1968.



52:13E-9. Hearing conducted by temporary state commissionNo temporary State comm ission having more than two members shall have the


are present at such hearing

Nothing in this section however, shall be deemed to prevent the State

Commission of Investigation from conducting private hearings, on an investigation

previously undertaken by a majority of the members of the comm ission with one

commissioner present, when so designated by resolution pursuant to the provisions of

section 12 of P .L.1968 c . 266 (C . 52:9M-12) .L .196 8 , c. 37 6 s. 9 eff . Dec. 27 196 8 . Amended by L . 1984, c. 110 s . 5, eff .

Aug . 3,1984.

52:13E-10. Right of members to file statement of minority views

Nothing in this act shall be construed to affect, dim inish or impair the right under

any other provision of law rule or custom of any member or group of members of acommittee or other multimember investigating agency to file a statement or statements ofm inority views to accompany and be released with or subsequent to the report of the


L 1968 c. 376, s. 10 eff . Dec. 27, 1968.

¥





52:13-1. Attendance of witnesses; production of books and papers; legal and clerical

assistance

Any joint committee of the legislature any standing committee of either house or any

special comm ittee directed by resolution to enter upon any investigation or inquiry thepursuit of which shall necess itate the attendance of persons or the production of books orpapers, shall have power to compel the attendance before it of such persons as witnesses

and the production before it of such books and papers as it may deem necessary proper

and relevant to the matter under investigation. Any such committee shall also have the

power to employ such legal and clerical ass istance as it may deem necessary to the properconduct of the investigation.


If any person upon being summoned in writing by order of any committee mentionedin section 52:13-1 of this title to appear before such committee and testify fails to obeysuch summons the speaker of the house of assembly or the president of the senate may

upon application to him by warrant under his hand order the sergeant at arms of thehouse over which he presides to arrest such person and bring him before the committee


52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity ; refusalto answer or be sworn

Witnesses summoned to appear before any committee authorized by th is article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and m ileage as persons summoned to testify in the courts of the state. All such witnesses

may be sworn by any member of the committee conducting the investigation or inquiry;

and all witnesses sworn before any such committee shall answer truly all questions put to



such witness shall be excused rom answering any such questions on the ground that to

answer the same might or would incrim inate him; but no answers made by any witness to

any such questions shall be used or adm itted in evidence in any proceeding against suchwitness, except in a criminal prosecution against the witness for perjury in respect to hisanswers to such qu estions.

Any witness who refuses to answer any question s decided by the committee to be

proper and pertinent shall be guilty of a m isdemeanor; and any witness who , having been

summoned to appear before any such committee, fails to appear in obedience to thesummon s or, appearing refuses to be sworn shall be guilty of a misdemeanor .

52:13-4. Expenses of investiga tions; payment

The state treasurer shall upon the warrant of the state comptroller, pay the fees and

mileage of witnesses called the compensation of legal and clerical assistance employed




pursuant to section 52:13-2 of th is title, when the same shall be certi ied as correct and

necessary by the chairm an of the committee under whose authority and by whose orderthe same shall have been incurred but only when the chairman,s certiicate has received



52:13-5. What constitutes contempt ; report thereof to legislature

Whenever in any investigation or inquiry by any committee constituted by jo intresolution of the legislature to enter upon or make such investigation or inquiry, anywitness summoned or subpoenaed to appear before such committee to testify or toproduce books, documents, papers or records shall willfully neglect or refuse to appearin obedience to the summons or subpoena or shall w illfully neglect or refuse to produce

any books documents papers or records commanded to be produced by the summons orsubpoena or shall refuse to be sworn or af irmed, or shall refuse to answer any question

pu t to him which the comm ittee shall decide to be proper and pertinent to such

investigation or inquiry, or shall in any other way contemn the authority or privileges ofthe legislature and the facts alleged to constitute any such contempt shall have been

reported by any such comm ittee to the legislature, the alleged contemner shall be tried,

and the alleged contempt determ ined as hereinafter provided.

52:13-6 . Joint session to determine alleged contempt ; order for arrest; service


and general assembly meet in joint session at a time and place therein ixed for the

purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant directed to any sergeant at arms of either house or of the jointsession or to any sheriff , po lice oficer member of the state police constable or other

peace oficer, issue in such manner as shall be prescribed in and by the concurrent

resolution for the arrest of the alleged contemner and the production of him at the bar ofsuch joint session , there to be heard .


At the time and place ixed as aforesaid, or at any adjournment, the joint session shall

sit and summarily hear the evidence and the arguments relating to the alleged contempt.


disposed of and the alleged contemner shall appea r and attend at each and every suchadjourned session.

52:13-8. Contemner ,s r ights

Any alleged contemner shall have the right to be heard before the joint session to berepresented by counsel to call witnesses in his behalf, and to examine and cross-examinew itnesses.

52:13-9. Determination of contempt by each house separately; concurrent resolutionAter the joint session shall have heard the evidence and such arguments as may be

made the senate and the general assembly shall separately convene and shall separately



consider and determine the alleged contempt; and the determ ination shall be by a


52:13-10 . Sentence; order of commitment

Any person found to be gu ilty of a contempt of the legislature by a concurrentresolution of the two houses thereof , as hereinbefore provided, may be sentenced to

imprisonment in the state prison or in the common jail of any county for any period notexceeding six months as shall be directed in and by the concurrent resolution determ ining

the contempt for the execution of which such concurrent resolution may order that acomm itment shall issue, directed to any sheriff po lice officer, member of the state police


common jail of any county which commitment shall be signed by the president of the



Any comm itment issued in accordance with section 52:13-10 of this title shall remainvalid and effective until the imprisonment therein set forth shall have been served

notwithstanding the leg islature which directed the issue of the commitment maymeanwhile have adjourned or ended.

52:13-12. Bail of contemner



provided in section 52:13-6 of this T itle in such amount and with such surety as thejudge shall determine to be reasonable, to appear before the Joint Session of theLegislature at the time and place ixed by the warrant as well as at any and alladjournments thereof, and to stand to and abide such determ ination and sentence as may

thereafter be found or imposed against the person so apprehended . Such recognizances

shall run in favor of the State of New Jersey and shall be i led by the judge in the officeof the Secretary of State.

Amended by L.1953 , c. 49, p. 853, s. 2.


The powers given by this article shall be in add ition to the powers given by article 1 ofthis chapter (s. 52:13-1 et seq.) .

T 3

§

> "<

w00

CdPQ.-3

w

2

U *

O

mH

200

<4-<

o

&T3

<D

CO

If t *03V )

ÿ

03O

J3

CO

Io.w

c?HIoo

c3

e

Iw

>>>

3-

o

w >

aÿ .-<

<uX)

03

ÿst

OCN

£<L>

z ,

&o

IH

oo

Xo

CQ

OPh

t-To

a>

>

o

Oo

<+H

O

CCÿ »«-<

a

£

Q

C3

-do

. i-<

s

T34>onCO

I3*

3<4-TOO

<E>-C+-»

> >

.

oo

<L>

3

43c3

ÿaÿ-<

DJ-<

Q

§5o lO

. y-<CNVO

00

O-* >

O

00 ? >

S £ >CO

> J-l

. »ÿ« (DW) > >

<+-<

o

&TJ

I

.xfr-H

o

CN

<D

2£

<D

JD

O

6IC/3

-

a

-

do

-o

5-h

o

§CO



STATE OF NEW JERSEY


to

M ichael Drewn iak


PO Box 00 1


SUBPOENA

Duces Tecum

Wit Retu rnable on or before

5:00 p.m. February 3 2014

to


c/o Char les A . Buono, Jr .Office of Legislative ServicesState House Annex

PO Box 068


JOHN S WISNIEWSK i

( hair

MA IU .ENE CAK iDK

I 'n:e I.

'

fi iir

i oi ,is o <:iRi :;i:NWAi,o

GORDON M . JOHN SON

I>Al/L I.) MORIARTY

I.INDASTI-NOKR

VALERIE VA IN1ERI HUTTLE

HON'N IE WATSON COLEMAN

M ICHAEL PATRICK CARROL L

BETTYLOU DeCROCKAM Y I t HANDL1N

MOU ..Y T . SCHEPISI

$i tie ÿznhinttSELECT COMM ITTEE ON INVESTIGATION

STATE HOUSE ANNEX

PO BOX 068

TRENTON Nj 08625-0068

CHARL I-.S A iiUON O. JR .

O/ficv of L</gislaim Survici'sC.nmm/Uce A ide

(609) 847-3840

(009) 292-056 fax

January 16, 2014

Ms . Regina EgeaOffice of the Governo r

PO Box 00 1

Trenton , New Jersey 08625

Dear Ms . Egea :


the finances, operations, and management of the Port Authority of New York and New Jersey,includ ing, but not limited to, the reassignment of access lanes in Fort Lee , New Jersey to the George

Washington Bridge , and any other matter raising concerns about abu se of government power or an

attempt to conceal an abuse of government power . The Select Comm ittee on Investigation wouldaccept mail or messenger delivery of the requested records at the follow ing address on or before 5:00

p .m , February 3, 2014: Charles A . Buono, Jr., Office of Legislative Services , State House Annex,


Procedure . The preferred method of delivery of the requested records is compact disk or DVD orsimilar format.

If you have any substantive questions about this request, please contact Special Coun sel Reid J .


Aaron Binder, Assembly Majority OfficeKeith Laugh lin, Assembly Republican Office

Glen Beebe , Assembly Republican Office

Charles A . Buono, Jr. , Office of Legislative Services




SUBPOENA

TO Regina EgeaOffice of the Governor

PO Box 00 1



produce all books , papers, correspondence, other documents and materials, and electronic




including, but no t lim ited to, the reass ignment of access lanes in Fort Lee, New Jersey to the


power or an attempt to conceal an abuse of government power, as more particularly set forth

on the attached Schedu le A . These books , papers , correspondence , other documents and

materials , and electronic records and data shall be returned on or before 5:00 p.m., Mon day ,

February 3, 2014 to: Charles A . Buono, Jr., Office of Legislative Services, State House

Annex , PO Box 068, Trenton, New Jersey 08625. The Select Committee on Investigation was


No 10 duly passed by the Genera l Assembly of the S tate of New Jersey on January 16, 2014 Your production of documents is governed by the Code of Fair Procedure and Chapter

13 of Title 52 of the Revised Statutes . A copy of the Code of Fair Procedure is de livered to

you herewith.


provided by law .

WITNESS, the hand of The Hono rable John S\ W

Committee on Investigation , on this 16th day ©f January, ÿ20 14 .

sniewit i , Chairman of the Select

John S . w ismewski , Chairman




SCHEDULE A

(to Subpoena dated January 16, 2014, issued by the Select Comm ittee on Investigation.)


1. All communication s of any kind , inc lud ing, but not lim ited to, any correspondence ,

notes , documents, electronic mail transmissions , text messages , Blackberry Messenger



messages


exchanged via use of a personal compu tational device , including without lim itation

devices common ly known as 'desktops', 'laptops', 'smartbooks', 'tablets' ,'

smartphones', '

cellular phones,

, or 'iPads', and exchanged between you and any other

person or entity, whether used by you in a business, personal , or any other capacity,


one of the eastbo und Fort Lee , New Jersey access lanes to the George Washington

Bidge from September 9, 2013 through September 13, 2013,

2. All documents and records of any kind, includ ing , bu t not limited to, any

correspondence , notes , documents, electronic mail transm issions, text messages ,

Blackberry Messenger messages (a/k/a BBM messages ), any and all instant

messages


and all web or cellular phone based messaging systems, any other electron ically stored

data or information which is currently stored on any and all personal computational

devices in your possession, dom inion, or control , including, without limitation, devices

commonly known as 'desktops', 'laptops', 1smartbo oks', 'tablets', 'smartphones,,

'

cellular phones

, or 'iPads,, exchanged between you and any other person or entity ,

whether used by you in a business , personal, or any other capacity , between September1, 2012 and the present date regarding the reduction from three to one of the eastbound

Fort Lee, New Jersey access lanes to the George Washington Bridge from September9, 2013 through September 13, 2013.



personal capacity or in your capacity as an employee of the State of New Jersey, or anyother capacity, between September 1, 2012 and the present date regarding the reduction

from three to one of the eastbound Fort Lee, New Jersey access lanes to the George

Washing ton Bridge from September 9, 2013 through September 13, 2013 .

4. All documents of any kind whatsoever evidenc ing electron ic mail communications sent

via any and all personal computational devices in your possess ion, dom inion, or

control , includ ing without limitation devices commonly known as 'desktops', 'laptops',

'smartbooks

, 'tablets', 'smartphones,, 'cellular phones', or 'iPads,, whether used by

you in a business , personal , or any other capacity, relative to any and all




reduction from three to one of the eastboun d Fort Lee , New Jersey access lanes to the


5. All video and audio recordings , and all voice mails , regarding the reduction from three

to one of the eastbound Fort Lee , New Jersey access lanes to the George WashingtonBridge from September 9, 2013 through September 13, 2013.

6. All calendars , day planners , notes , and /or diaries from September 1 , 2012 to the

present .

Please produce a log of any documents and/or correspondence w ithheld from

production on the basis of any claimed privilege or protection, or withheld or redacted for anyrea son

, and retain such documents and/or correspondence.




52:13E-1. Definitions


(a) Agency

means any of the following while engaged in an investigation or

inquiry (1) the Governo r or any person or persons appointed by him acting pursuant toP .L 1941,c . 16 , s. 1 (C . 52:15-7), (2) any temporary State comm ission or du ly authorized


by subpoena, or (3) any legislative comm ittee or comm ission having the powers set forthin Rev ised Statutes 52:13-1.




may be compelled by subpoena or other compu lsory process .

(c) Public hearing means any hearing open to the public , or any hearing , or

such part thereof, as to which testimony or other evidence is made available or

disseminated to the pu blic by the agency .(d) Private hearing means any hearing other than a public hearing .L 1968, c. 376, s. 1, eff . Dec. 27,1968.

52:13E-2 . Personal service

No person may be required to appear at a hearing or to testify at a hearing unlessthere has been personally served upon him prior to the time when he is required to

appear, a copy of this act, and a general statement of the subject of the investigation . Acopy of the resolution , statute, order or other provision of law authorizing theinvestigation shall be furnished by the agency upon request therefor by the personsummoned .

L 1968, c. 376, s . 2, eff . Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questionsA witness summoned to a hearing shall have the ight to be accompanied by

counsel , who shall be perm itted to advise the witness of his rights, subject to reason able

limitations to prevent obstruction of or interference with the orderly conduct of the

hearing Counsel for any witness who testifies at a public hearing may subm it proposed


been questioned and the agency shall ask the witness such of the questions as it may

deem appropriate to its inquiry.L 196 8 , c. 376, s. 3, eff . Dec. 27 , 196 8 .

52:I3E-4 . Records of public heaings; copies


shall be entitled to receive a copy of his testimony at such hearing at his own expense.






the furnishing of such copy will not prejud ice the public safety or security .L 1968, c. 376, s . 4, eff . Dec. 27, 1968.

52:13E-5 . Sworn statement by witness ; incorporation in the record

A witness who testifies at any hearing shall have the right at the conclusion of hisexamination to file a brief sworn statement relevant to his testimony for incorporation inthe record of the investigatory proceeding.

L 1968, c. 376, s . 5, eff . Dec. 27,1968.


Any person whose name is mentioned or who is specifically identified and who

believes that testimony or other evidence given at a pub lic hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him orotherwise adversely affect his reputation shall have the right, either to appear personallybefore the agency and testify in his own behalf as to matters relevant to the testimony or

other evidence complained of , or in the alternative at the option of the agency, to file astatement of facts under oath relating solely to matters relevant to the testimony or other


investigatory proceeding.L.1968 , c . 375, s . 6, eff . Dec. 27,1968.


Nothing in th is act shall be construed to prevent an agency from granting towitnesses appearing before it, or to persons who claim to be adversely affected bytestimony or other evidence adduced before it, such further rights and privileges as it maydetermine .

L 1968 , c . 376, s . 7, eff . Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at pr ivate hearing


testimony or other evidence adduced at a private hearing or prelim inary conference orinterview conducted before a single-member agency in the course of its investigation

shall be dissem inated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency Except in the course of asubsequent hearing open to the pub lic, no testimony or other evidence adduced at a

private hearing or prelim inary conference or interview before a comm ittee or othermultimember investigating agency shall be disseminated or made available to the publicby any member of the agency, its coun sel or employees, except with the approval of a

m ajority of the members of such agency. Any person who violates the provisions of th issubd ivision shall be adjudged a disorderly person.

L 1968, c . 376, s . 8, eff . Dec. 27, 1968.



52:13E-9. Hear ing conducted by temporary state commission

No temporary State commission having more than two members shall have the




Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the comm iss ion , w ith onecomm issioner present , when so designated by resolution pursuant to the provisions ofsection 12 of P.L.196 8 , c. 266 (C. 52:9M-12) .

L 196 8 , c. 376 , s . 9 , eff . Dec. 27 , 1968 . Amended by L.1984, c. 110 , s . 5, eff .

Aug. 3 , 1984 .

52:13E-10. Right of members to i le statement of m inority views

Nothing in th is act shall be construed to affect, diminish or impair the right, underany other provision of law, rule or custom , of any member or group of members of a

committee or other multimember investigating agency to i le a statement or statements of

m inority views to accompany and be released with or subsequent to the repot of thecommittee or agency .

L.1968, c. 376, s . 10, eff . Dec. 27,1968.




A rticle 1. General Provisions.

52:13-1. Attendance of witnesses; production of books and papers; lega l and clericalassistance

Any joint committee of the legislature, any stand ing committee of either house, or any

special comm ittee directed by resolution to enter upon any investigation or inquiry, the

pursuit of which shall necessitate the attendance of persons or the production of books orpapers, shall have power to compel the attendance before it of such persons as witnesses

and the production before it of such books and papers as it may deem necessary, proper

and relevant to the matter under investigation . Any such comm ittee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the propercond uct of the investigation.


If any person upon being summoned in writing by order of any committee mentionedin section 52:13-1 of this title to appear before such committee and testify, fails to obey



house over which he presides to arrest such person and bring him before the comm ittee,

and the sergeant at arm s shall thereupon execute the warrant to him so directed.

52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusalto answer or be sworn

Witnesses sum moned to appear before any comm ittee authorized by this article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and mileage as persons summoned to testify in the courts of the state. All such witnessesmay be sworn by any member of the comm ittee conducting the investigation or inqu iry;and all witnesses sworn before any such committee sha ll answer truly all question s pu t to


inquiry; and any witness so sworn who shall swear falsely shall be gu ilty of perjury No

such witness shall be excu sed from answering any such questions on the ground that to

answer the same m ight or would incriminate him; but no answers made by any witness toany such questions shall be used or adm itted in evidence in any proceeding against such

w itness, except in a criminal prosecution against the w itness for perjury in respect to hisanswers to such qu estion s.



summoned to appear before any such comm ittee, fails to appear in obedience to thesummons or, appearing, refuses to be sworn shall be guilty of a m isdemeanor.

52:13-4 . Expenses of investiga tions; payment

The state treasurer shall, upon the warrant of the state comptroller, pay the fees and

m ileage of witnesses called, the compensation of legal and clerical assistance employed





necessary by the chairman of the comm ittee under whose authority and by whose orderthe same shall have been incurred , but only when the chairman,s certificate has received



52:13-5 . What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any comm ittee con stituted by jointresolution of the legislature to enter upon or make such investigation or inquiry, anywitness summoned or subpoenaed to appear before such committee to testify or toproduce books, documents, papers or records, shall willfully neglect or refuse to appearin obedience to the summon s or subpoena, or shall willfully neglect or refuse to produce

any books, documents, papers or records commanded to be produced by the summons orsubpoena, or shall refuse to be sworn or affirmed , or shall refuse to answer any question

pu t to him which the comm ittee shall decide to be proper and pe tinent to suchinvestigation or inquiry, or shall in any other way contemn the authority or privileges of

the legislature, and the facts alleged to constitute any such contempt shall have been

repo rted by any such committee to the legislature, the alleged contemner shall be tried,

and the alleged contempt determ ined , as hereinafter provided.

52:13-6. Joint session to determine alleged contempt ; order for arrest; serviceThe senate and general assembly may by concurrent resolution direct that the senate


purpose of hearing the evidence and arguments regarding the alleged contempt and may

order that a warrant, directed to any sergeant at arms of either house or of the jointsession or to any sheriff , police officer, member of the state po lice, constable or other

peace officer, issue in such manner as shall be prescribed in and by the concurrent

resolution for the arrest of the alleged contemner and the production of him at the bar of

such joint session , there to be heard .


At the time and place fixed as aforesaid , or at any adjournment, the joint session shallsit and summarily hear the evidence and the arguments relating to the alleged contempt.



adjourned session.

52:13-8 . Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be

represented by counsel, to call witnesses in his behalf, and to examine and cross-exam inew itnesses.

52:13-9. Determination of contempt by each house separately ; concurrent resolution

After the joint session shall have heard the evidence and such arguments as may be




consider and determ ine the alleged contempt; and the determination shall be by a


52:13-10. Sentence; order of comm itment


resolution of the two houses thereof , as hereinbefore provided, may be sentenced toimprisonment in the state prison or in the common jail of any county for any period not

exceeding six months as shall be directed in and by the concurrent resolution determining


commitment shall issue, directed to any sheriff , police officer, member of the state police,

con stable or other peace officer, and to the keeper of the state prison or the keeper of the

common jail of any coun ty, which comm itment shall be signed by the president of thesenate and the speaker of the house of assembly in office at the date of the issue thereof .


Any comm itment issued in accordance with section 52:13-10 of this title shall remainvalid and effective until the imprisonment therein set forth shall have been served ,

notwithstand ing the legislature which directed the issue of the commitment may

meanwhile have adjou rned or ended.



a charge of contempt under a warrant issued by direction of a concurrent resolution asprovided in section 52:13-6 of this Title, in such amount and with such surety as the

judge shall determine to be reasonable, to appear before the Joint Session of the

Legislature, at the time and place fixed by the warrant as well as at any and alladjournments thereof, and to stand to and abide such determination and sentence as may

thereafter be found or imposed against the person so app rehended. Such recognizances

shall run in favor of the State of New Jersey and shall be filed by the judge in the office

of the Secretary of State.

Amended by L.1953 , c . 49, p. 853 , s. 2.


The powers given by this article shall be in add ition to the powers given by article 1 ofthis chapter (s . 52:13-1 et seq.).

a00

PtW> >

%£

o

I00

<+H

o

T3

<D

x2

o+->

D

03so

0 )

$

oo

x >. r™*

X3Xa>

»*

»

X )

c3

_ <L> 00

ÿ ww

IO

<D

ÿ5co

of

X

XJ

C3

O

1O+-»

00c

«

XIS-<

oo

c

o

>%

1sf

.»-<

<ux >

k5

3

O

<N

00S

.»-<

>. rH

&0

-q

§» <rH

00

co

&(73c

>i-i

<L>i/j

D

X 5

to

N

VO

> ~

»

--

?

o>

55

eTo

cisH

o

o

Xo

pa

ocu

o

S(L>

>O

O

a>

X3+-»

o

4)O

5+hqH

O

ofa>00

W

a3

C. >M

OO

o4->

-a0)

oni/j

I

3 +-TOd>

o

ÿs

aoo

<D

3

J3

c3

c f4>

00

P-S

03

CJ. *-<

00<1)

o

«+-<

o

>r>C3

T3

0)X5

S£a>

X)

-a

§T34>

X>. »-<

l-H

o

oo

.S00

.ÿtr-H

o

<N



STATE OF NEW JERSEY


to

Regina EgeaOff ice of the Governor

PO Box 001


SUBPOENA

Duces Tecum

Writ Returnable on or before

5:00 p.m. , February 3, 2014

to


c/o Charles A . Buono, Jr .

Of ice of Legislative ServicesState House Annex

PO Box 068


JOHN'S. W ISM I-WSK I

< ~htiir

MA IU .I-NKCARID G

I Vcc ('iiair

LOUI S D . (iHl ;i-NWAl.D

GORDON M . JOHNSON

PAU L O . MOKIAKTY

LINDA STENIMi ll

VA LERIE VAINIER1 HUTT I..E

liONNll- WATSON COLt -MAN

M iCHARL PATRICK CARROI.l.

BKTTYLOU DoCROCBAMY II HANDL1N

HOLLY T SCI IEI'ISI

ÿSf ptMtt $*ff*JsffKSELECT COMM ITTEE ON INVESTIGATION

STATE HOUSE ANNEX

PO BOX 068


CtiARLLS A BUONO, JR

O ice of Legislative ServicesCommitee A ide

(609) 847-3840

(609) 292-0561 fax

January 16, 2014

Ms . Christina Genovese


PO Box 00 1


Dear M s . Genovese :

Please find attached hereto a subpoena requesting certain documents concerning all aspects ofthe finances , operations , and management of the Port Authority of New York and New Jersey,

includ ing, but not limited to, the reassignment of access lanes in Fort Lee , New Jersey to the George

Washington Bridge, and any other matter raising concerns about abu se of government power or an

attempt to conceal an abuse of government power . The Select Committee on Investigation wou ldaccept mail or messenger delivery of the requested records at the following address on or before 5:00

p.m , February 3, 2014: Charles A . Buono, Jr., Office of Legislative Services , State House Annex,


Procedure . The preferred method of delivery of the requested records is compact disk or DVD or

similar format.

If you have any substantive questions about this request, please contact Special Counsel Reid J.


Very tri ly yours,

SELECT COMM frrie ON INVESTIGATION

JW/kjEnclosures


Reid J. Scha r , Jenne r & Block LLP


Keith Laughlin, Assembly Repub lican Office

G len Beebe , Assembly Repub lican OfficeCharles A . Buono, Jr., Office of Legislative Services




SUBPOENA

TO Christina Genovese


PO Box 00 1



produce all books , papers correspondence , other documents and materials, and electron ic

records and data described below that you have in your possession or have access to relevant



includ ing, bu t not limited to, the reassignment of access lanes in Fort Lee New Jersey to the

George Washing ton Bridge , and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power as more particularly set forth

on the attached Schedule A . These books, papers , correspondence , other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m., Mon day ,

February 3, 2014 to: Charles A . Buono, Jr., Office of Legislative Services , State House

Annex , PO Box 068, Trenton, New Jersey 08625 . The Select Committee on Investigation was


No. 10 duly passed by the General Assembly of the State of New Jersey on January 16 2014.

Your production of documents is governed by the Code of Fair Procedure and Ch apter


you herewith.


provided by law .

WITNESS, the hand of The Honorabl

Committee on Investigation, on this 16th day

ki, Chairman of the Se lect

Tsniewski, Chairman

Committee on Investigation



SCHEDULE A



1. All communication s of any kind, includ ing, but not limited to, any correspondence

notes , documents , electronic mail transmissions, text messages Blackberry Messenger


electron ically stored data or information, inc luding, without limitation, any instant

messages


exchanged via use of a personal compu tational device includ ing without limitation

devices commonly known as 'desktops,, 'laptops', 'smartbooks', 'tablets','

smartphones , cellular phones

, or iPads', and exchanged between you and any other

person or entity, whether used by you in a business , personal , or any other capacity,


one of the eastboun d Fort Lee , New Jersey access lanes to the George WashingtonBridge from September 9 2013 through September 13, 2013.

2. All docum ents and records of any kind, including, but not lim ited to, any

correspondence, notes, documents , electronic mail transm iss ions , text messages

B lackb erry Messenger messages (a/k/a BBM messages ), any and all instant

messages


and all web or cellular phone based messaging systems , any other electron ically stored


devices in your possession, dominion, or control, includ ing without limitation, devices

commonly known as desktops , , 'laptops ', 'smartbooks', 'tablets, , 'smartphones,,'

cellular ph ones,

, or '

iPads,, exchanged between you and any other person or entity ,whether used by you in a business , personal , or any other capacity , between September1, 2012 and the present date regarding the reduction from three to one of the eastboun d

Fort Lee , New Jersey access lanes to the George Washing ton Bridge from September9, 2013 through September 13 , 2013


receiving telephone number , originating cell site and sector , and duration for all

incom ing and outgo ing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey, or any

other capacity, between September 1, 2012 and the present date regarding the reduction

from three to on e of the eastbound Fort Lee , New Jersey access lanes to the GeorgeWashington Bidge from September 9, 2013 through September 13, 2013 .

4. All documents of any kind whatsoever evidencing electronic mail commun ications sent

via any and all personal computational devices in your possession, dom inion , or

con trol , including w ithout lim itat ion devices commonly known as '

desktops,, 'laptops','

smartbooks , tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by

you in a business , personal, or any other capacity , relative to any and all



commun ications between September 1 , 2012 and the present date regarding the


George Washing ton Bridge from September 9, 2013 through September 13 , 2013.

5. All video and audio recordings and all voice mails , regarding the reduc tion from three

to one of the eastbound Fort Lee , New Jersey access lanes to the George Washing tonBridge from September 9, 2013 through September 13 2013.

6. All calendars, day planners , notes, and /or diaries from September 1 , 2012 to the

present. ÿ



reason, and retain such documents and/or correspo ndence.




52:13E-1. Dein itions

A s used in this act:


inquiry : (1) the Governo r or any person or persons appointed by him acting pursuant toP

.L 1941, c . 16 , s . 1 (C. 52:15-7), (2) any tempo rary State commission or duly authorized


by subpoena, or (3) any legislative comm ittee or comm ission having the powers set forthin Rev ised Statutes 52 :13-1.

(b) Hearing " means any hearing in the course of an investigatory proceeding

(other than a preliminary con ference or interview at which no testimony is taken under


may be compelled by subpoena or other compulsory process .

(c) Pub lic hearing means any hearing open to the public, or any hearing , or


disseminated to the public by the agency.(d) Private hearing means any hearing other than a public hearing .

L.1968 , c . 376, s. 1, eff . Dec. 27, 1968.

52 :13E-2 . Personal serv ice

No person may be required to appear at a hearing or to testify at a hearing unlessthere has been personally served upon him prior to the time when he is requ ired toappear, a copy of this act, and a general statement of the subject of the investigation Acopy of the resolution , statute, order or other provision of law authorizing the


L 1968, c . 376, s . 2, eff . Dec. 27, 1968.

52:13E-3 . Right to counsel ; submission of proposed questionsA witness summoned to a hearing shall have the right to be accompanied by

counsel, who shall be perm itted to advise the witness of his rights, subject to reasonable


hearing . Counsel for any witness who testi ies at a public hearing may subm it proposed



deem app rop riate to its inquiry .

L 1968 , c . 376, s. 3, eff . Dec. 27, 1968.

52:13E-4 . Records of public hearings; copiesA complete and accurate record shall be kept of each public hearing and a witness


Where testimon y which a witness has given at a private hearing becomes relevant in a

crim inal proceeding in which the w itness is a defendant, or in any subsequent hearing inwhich the witness is summoned to testify, the witness shall be entitled to a copy of such




the furnishing of such copy will not prejudice the pub lic safety or security .

L I968 , c . 376, s. 4, eff . Dec. 27 , 1968.




L 1968, c. 376, s. 5, eff . Dec. 27,1968.



believes that testimony or other evidence given at a public hea ring or comment made byany member of the agency or its counsel at such a hearing tend s to defame him or

otherwise adversely affect his reputation shall have the right, either to appear personallybefore the agency and testify in his own behalf as to matters relevant to the testimony or

other evidence complained of, or in the alternative at the option of the agency, to file astatement of facts und er oath relating solely to matters relevant to the testimony or other


investigatory proceeding

L 1968, c. 375 , s . 6, eff . Dec. 27, 1968.

52:13E-7 . Rights or pr ivileges granted by agencies

Nothing in this act shall be con strued to prevent an agency from granting to

witnesses appearing before it, or to person s who claim to be adversely affected by

testimony or other evidence adduced before it, such further rights and privileges as it maydeterm ine .

L 1968, c. 376, s. 7 ( eff . Dec. 27 , 1968 .

52:13E-8, Dissemination of evidence adduced at p ivate hearing


testimony or other evidence adduced at a private hearing or prelim inary con ference orinterview conducted before a sing le-member agency in the course of its investigation

shall be disseminated or made available to the public by said agency, its counsel oremployees without the approval of the head of the agency. Except in the course of a

subsequent hearing open to the public, no testimony or other evidence adduced at aprivate hearing or prelim inary conference or interview before a comm ittee or other

multimember investigating agency shall be dissem inated or made available to the publicby any member of the agency, its counsel or employees, except with the approval of a

m ajority of the members of such agency. Any person who violates the provisions of thissubd ivision shall be adjudged a disorderly person.

L 1968, c. 376,,

s. 8, eff . Dec. 27, 1968.






are present at such hearing.

Nothing in this section, however, shall be deemed to prevent the State

Commission of Investigation rom conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the comm ission, with one

comm issioner present, when so designated by resolution pursuant to the provisions ofsection 12 of P.L.1968, c. 266 (C. 52:9M-12) .

L 196 8 , c. 376 , s. 9 , eff . Dec. 27,196 8 . Amend ed by L . 1984, c. 110 , s. 5 , eff .

Aug. 3, 1984.

52:13E-10 . Right of members to file statement of m inority views

Nothing in this act shall be construed to affect, dim inish or impair the right, underany other provision of law, rule or custom , of any member or group of members of acommittee or other multimember investigating agency to file a statement or statements of

minori

ty views to accompany and

be r

elease

d with or

sub

sequ

ent to t

he

rep

ort of

the


L 196 8 , c. 376 , s. 10 , eff . Dec. 27 , 196 8 .




A rticle 1. General Prov isions.

52:13-1. Attendance of witnesses; production of books and papers ; legal and clerical

assistance

Any joint committee of the legislature, any standing committee of either house, or any

special committee directed by resolution to enter upon any investigation or inquiry , thepursuit of which shall necessitate the attendance of persons or the production of books or

papers , shall have power to compel the attendance before it of such persons as w itnessesand the production before it of such books and papers as it may deem necessary , properand relevant to the matter under investigation. Any such comm ittee shall also have the

power to employ such legal and clerical ass istance as it may deem necessary to the properconduct of the investigation.

52:13-2. Summons for w itnesses; execution

If any person upon being summoned in writing by order of any comm ittee mentionedin section 52:13-1 of this title to appear before such comm ittee and testify, fails to obey



house over which he presides to arrest such person and bring him before the comm ittee,

and the sergeant at arm s shall thereupon execute the warrant to him so directed .

52:13-3. Compensation of witnesses; swearing witnesses; perjury ; immunity ; refusa lto answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and m ileage as persons summoned to testify in the courts of the state. All such witnessesmay be sworn by any member of the committee conducting the investigation or inquiry;and all witnesses sworn before any such comm ittee shall answer truly all questions put to


inqu iry; and any w itness so sworn who shall swear falsely shall be guilty of perjury. Nosuch witness shall be excused from answering any such questions on the ground that to

answer the same m ight or would incrim inate him ; but no answers made by any witness to

any such questions shall be used or adm itted in evidence in any proceeding against such

witness, except in a crim inal prosecution against the witness for perjury in respect to hisanswers to such questions .


proper and pertinent shall be guilty of a misdemeanor; and any witness who , having beensummoned to appear before any such comm ittee, fails to appear in obedience to the

summon s or, appearing , refuses to be sworn shall be guilty of a m isdemeanor.

52:13-4 . Expenses of investigations ; payment


mileage of witnesses called , the compensation of legal and clerical assistance employed




consider and determine the alleged contempt; and the determination shall be by a




resolution of the two houses thereof, as hereinbefore provided , may be sentenced toimprisonment in the state prison or in the common jail of any county for any period notexceeding six months as shall be directed in and by the concurrent resolution determ ining

the con tempt, for the execution of which such concurrent resolution may order that acomm itment shall issue, directed to any sheriff , police officer, member of the state po lice,

con stable or other peace officer, and to the keeper of the state prison or the keeper of the

common jail of any coun ty, which comm itment shall be signed by the president of the



Any commitment issued in accordance with section 52:13-10 of this title shall remain

valid and effective un til the imprisonment therein set forth shall have been served,no twithstanding the legislature which directed the issue of the comm itment may

meanwhile have adjourned or ended .




provided in section 52:13-6 of th is Title, in such amoun t and with such surety as the

judge shall determine to be reasonable, to appear before the Joint Session of the

Legislature, at the time and place fixed by the warrant as well as at any and alladjournments thereof, and to stand to and abide such determination and sentence as maythereater be found or imposed against the person so apprehended Such recognizances



Amended by L.1953, c . 49, p. 853, s . 2.



this chapter (s . 52:13-1 et seq.).

> -

P3c/ }

W >

w

£

flH

o

wH

2oo

c+mO

>>O

X5

IGO

cSj=j+-»

>>03CO

IO

Xj

ao

Io+->

00

S. r-H

HOo

y

a

Ioo

.--<

3T 3

00C. »-<

D

X)

0>

43

00c

X). i-H

-CX<d

-O

a>00

4>

>

§0>

O

C3

£u

GO

g n

cdg4 >

a.300

c» r-t

jG

-BT3

<L>

>

<DCO

o3

O<N

GO

HH

o

o

X

oCQ

O

*-TO

a

o

ODX34->

<+-4

o

d>o

<+H

o

«CO

4>

>

1o

03

G. f- <

+->

CO

5

o+->

T34)w

7 2

-S3

T303

<+-TOO

&.3

o ,

oo

<y

G

£

03

0)on

o>

>

§ D

O03

Cÿ»-<

to

§u

O

O i2>. f-<

00

O

i/-)

CMVO

00

o

<D1/1u<

<Dÿ-j

Z ,

U-4

o

>>03T3

J§

o3

1)

6

8<ad )

x >

ICO

-o

T3. (-H

Lh

OCO

ÿ§00

* ><

o

cs



STATE OF NEW JERSEY


to

Christina Genovese

Off ice of the Gove norPO Box 001


SUBPOENA

Duces Tecum

W r it Returnable on or before

5:00 p.m. , February 3 , 2014

to




PO Box 068


JOHNS W ISNll-WSKI

< 'Mr

MAKLKNG CAR ID Ii

icv ( . 'hair

LOU IS I) CIK Iii-NVVAI .l ')

GORDON M . JOHNSON

I"Al/L U MOR IAR I V

I.INDA STLNDiiR

VALERIE VA INiEK HUTTLE

BONNIi; WATSON OOL IiMAN

M ICHALI . PA TRICK CARROL

BETTYLOU DcCROCE

AMY H IIAND1..IN

HOLLY T SOIP.PI S1

SELECT COMM ITTEE

ON INVESTI

GAT ION

STATE HOUSE ANNEX

PO BOX 068

TRENTON Ni 08625-0068

CHARLES A BUONO , JR

O fice of Ugish tivr ServicesCom/nillee A ide

(609) 8-17-:.S40

[009)292-056 iitx

January 16, 2014

M r. Charles McKenna


PO Box 00 1


Dear M r. McKenna :

Please find attached hereto a subpoena requesting certain documents concerning all aspects ofthe finances, operations, and management of the Port Authority of New York and New Jersey ,

including, but not lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the George

Washington Bridge , and any other matter raising concerns abou t abuse of government power or an

attempt to conceal an abu se of government power . The Select Comm ittee on Investigation wouldaccept mail or messenger delivery of the requested records at the following address on or before 5:00

p .m., February 3, 2014: Charles A . Bu ono, Jr., Office of Legislative Services, State House Annex,



similar format.

If you have any substant ive questions about this request, please contact Special Counsel Reid J.


Reid J. Scha r, Jenner & Block LLP




Charles A . Buono, Jr., Office of Legislative Services




SUBPOENA

TO Char les M cKenna

O ff ice of the Governor

PO Box 00 1


WE COMMAND YOU, Laying aside all and singular business and excuses, to

produce all bo oks , papers , correspond ence , other documents and materials , and electronic


to the Select Comm ittee on Investigation,s inquiry and investigation into all aspects of the

finances , operations, and management of the Port Authority of New York and New Jersey,

including, bu t not lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the



on the attached Schedule A . These books , papers , correspondence , other documents and

materials, and electronic records and data shall be returned on or before 5:00 p.m , Monday ,

February 3, 2014 to : Ch arles A . Buono, Jr., Office of Legislative Services , State House

Annex , PO Box 068, Trenton , New Jersey 08625. The Select Comm ittee on Investigation was


No. 10 du ly passed by the General Assembly of the State of New Jersey on January 16, 2014 .


13 of Title 52 of the Revised Statutes. A copy of the Code of Fair Procedure is delivered to

you herewith.

Failure to comply with th is Subpoena shall make you liable for such penalties as are

provided by law .



communications between September 1 , 2012 and the present date regarding the




to one of the eastbound Fort Lee , New Jersey access lanes to the George WashingtonBridge from September 9, 2013 through September 13, 2013.

6. All calendars , day plann ers , notes , and /or diaries from September 1, 2012 to the

present.

Please produce a log of any documents and /or correspondence withheld from


reason, and retain such documents and/or correspondence .





power to take testimony at a pub lic or private hearing un less at least two of its members



Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the comm ission, with one

commissioner present, when so designated by resolution pu rsuant to the provisions ofsection 12 of P.L.1968, c. 266 (C . 52:9M-12).

L.1968 , c. 376 , s. 9 , eff . Dec. 27,1968 . Amended by L.1984, c. 110 , s. 5 , eff .

Aug . 3 , 1984 .



any other provision of law, rule or custom , of any member or group of members of acommittee or other multimember investigating agency to file a statement or statements of

m ino rity views to accompany and be released with or subsequent to the report of the

committee or agency.L 1968, c. 376, s . 10, eff . Dec. 27, 1968.




Article 1. General Prov isions.


assistance

Any joint comm ittee of the legislature, any stand ing committee of either house, or any

special comm ittee directed by resolution to enter upon any investigation or inquiry , the

pursuit of which shall necessitate the attendance of persons or the production of books or

papers, shall have power to compel the attendance before it of such persons as witnesses

and the production before it of such books and papers as it may deem necessary, proper

and relevant to the matter under investigation. Any such comm ittee shall also have the

power to employ such legal and clerical assistance as it may deem necessary to the proper

con duct of the investigation.

52:13-2. Summons for witnesses ; execution

If any person upon being summoned in writing by order of any committee mentionedin section 52:13-1 of this title to appear before such committee and testify, fails to obey


upon application to h im , by warrant under his hand order the sergeant at arm s of the

house over which he presides to arrest such person and bring him before the committee,


52:13-3 . Compensation of witnesses; swearing witnesses; perjury; immunity; refusalto answer or be sworn

Witnesses summoned to appear before any committee autho rized by this article or any

other law to conduc t an investigation or inquiry shall be entitled to receive the same fees

and mileage as persons summoned to testify in the courts of the state

All such witnessesmay be sworn by any member of the comm ittee conducting the investigation or inquiry;and all witnesses sworn before any such committee shall answer truly all questions pu t to


inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No


answer the same m igh t or would incrim inate him; but no answers made by any witness to


w itness , except in a criminal prosecution against the witness for perjury in respect to h isanswers to such questions.


proper and pertinent shall be guilty of a misdemeanor; and any witness who , having been

summoned to appear before any such comm ittee, fails to appear in obedience to the

summon s or, appearing , refuses to be sworn shall be guilty of a m isdemeanor.

52:13-4 . Expenses of investigations; payment



and the expenses of the sergeant at arm s of either house in the execution of warrants

73

ao3

><

w00

04ta>->

w

ZP-,

o

w

H

<(- <

oo

o

o

x>

"3 "

o

cs

<4H

o

a<D

ÿ5

CJ0)4->

CJ

oo

0)

«+H

o

X J

O lCJ

. r-H

g

CS. . i-<

T 3

§

a» »-H

-C

o

£0)

X

cTo

4>

o

o

Xo

£Q

Ocu

j-TO

a0)>

o

O

i +->

O

oo

w<+- <

o

§CJ<L>

o

s Z )

Io

o-* >

T3<UCOco

e-o

c3

+SO<L)i-H

4>

x s-t-J

>>a .

oo

<D

-a03

C<3

<D

O

<Z )

. f-H

bo

in

<Nvo00

o

5*%

oCOt-<

0)

o

>r»ca

T3

1)

X3ÿ+ >

2c2o

x >

-

o

§T3OJ

. .-<

i-t

o

00

*§00

3

o

(N



STATE OF NEW JERSEY

Select Comm ittee on Investigation

to

Charles M cKenna

Office of the Governo r

PO Box 00 1


SUBPOENA

Duces Tecum


5:00 p.m. , February 3, 2014

to


c/o Char les A . Buono, Jr .


PO Box 068




JOHN S W ISNIKWSK I

(~

h , tir

MARLKNH CARIDE

I « . . Chair

LOU IS D . GK . i;N\VA I.,l.)

GORDON M . JOHNSON

I>AUL IX MORIAR,

I V

LINDA STHND iiR

VALER IE VAJNIER.1 HUTTLE

BONNIE WATSON COU iMAN

MICHAf -f. PATRICK CARROi.l.

BETTY I..OU >;CROCEAMY li HAND I ..1N

HOI.I..Y T SCH I iPIS I

ÿlt 3trst{ £t*tt 3Gtfifl*t«rf

CHARLES A. BUONO , JR.

ojl.vgiskiHvc &n /ce .vC.ommiUee A ide

(609) S'I7-3S40

(609) 292-0S6 I fax

SELECT COMM ITTEE ON INVESTIGATIONSTATE HOUSE ANNEX

PO BOX 068 [

RONTON Nj 08625-0068

January 16, 2014

M r . Kevin O 'Dowd

Of ice of the Governor

PO Box 00 1


Dear M r. O ,Dowd :


the inances, operations, and management of the Port Authority of New York and New Jersey,

includ ing, but not lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the George


attempt to conceal an abuse of government power . The Select Comm ittee on Investigation wouldaccept mail or messenger delivery of the requested records at the following address on or before 5:00

p .m , February 3, 2014: Charles A . Buono, Jr., Ofice of Legislative Services, State House Annex ,


Procedure . The preferred method of delivery of the requested records is compact disk or DVD orsim ilar format.

If you have any sub stan tive questions abou t th is request, please con tact Special Coun sel Reid J.


Enclosures

c Members - Select Committee on Investigation


Aaron Binder , Assembly Majority O ffice

Keith Laugh lin, Assembly Republican Office

Glen Beebe, Assembly Republican Off ice

Charles A . Buono, Jr., Of ice of Legislative Services

JW/kj

SELEC 5AT ION




SUBPOENA

TO Kevin O ,Dowd


PO Box 00 1



produce all books , papers , correspondence , other documents and materials, and electronic



finances , operations, and management of the Port Authority of New York and New Jersey ,

inc luding, bu t no t lim ited to, the reassignment of access lanes in Fort Lee , New Jersey to the

George Washing ton Bridge , and any other matter raising concerns about abuse of government

power or an attempt to conceal an abuse of government power, as more particularly set forth

on the attached Schedule A . These books , papers , correspondence , other documents and

materials , and electron ic records and data shall be returned on or before 5:00 p.m., Monday ,

February 3 , 2014 to: Charles A . Buono, Jr., Office of Legislative Services, State House

Annex, PO Box 068, Trenton, New Jersey 08625. The Committee was constituted as a

special committee of the General Assembly pursuant to Assembly Resolution No. 10 duly

passed by the General Assembly of the State of New Jersey on January 16, 2014.



you herewith.


provided by law .

WITNESS, the hand of The Honorable JohnVS . Wi/niÿw§ÿci, Chairman of the SelectCommittee on Investigation, on this 16th day pf January, 2014

Jo tn Wrs ffewski , Chairman

Sqlect Comm ittee on Investigation



SCHEDULE A

(to Subpoena dated January 16, 2014, 'ssued by the Se'ect Comm 'ttee on 'nvest'gat'on.)

P 'ease de ''ver the fo''ow'ng:

1. A'' commun'cat'on s of any 'dnd, 'nc'ud'ng , but not ''m'ted to, any correspondence ,

notes, documents, e'ectron'c ma'' transm'ss'ons , text messages , B'ackberry Messenger

messages (a'k'a BBM messages") , any and a'' 'nstant messages or other

e'ectron'ca''y stored data or 'nformat'on, 'nc'ud'ng, w'thout ''m'tat'on, any 'nstan t

messages

sent v'a any web or ce''u'ar phone based messag'ng systems , whether

exchanged v'a use of a persona' computat'ona' dev'ce, 'nc'ud'ng w 'thout ''m 'tat'ondev'ces common'y known as 'desktops,, ''aptops,, 'smartbooks', 'tab'ets','

smartphones,

, ce''u'ar phones

,

, or '

'Pads', and exchang ed between you and any other

person or ent'ty, whether used by you 'n a bus'ness , persona', or any other capac'ty ,

between September 1, 2012 and the present date regard'ng the reduct'on from three to

on e of the eastbound Fort Lee , New Jersey access 'anes to the George Wash'ngtonB'dge from September 9, 2013 through September 13 , 2013.

2. A'' documents and records of any k'nd, 'nc'ud'ng, but no t ''m'ted to, any

correspondence , notes , documents, e'ectron 'c ma'' transm'ss'ons, text messages ,

B 'ackberry Messenger messages (a'k'a "BBM messages") , any and a'' 'nstant

messages

whether sent v'a a persona' computat'ona' dev'ce or ce''u'ar phone v'a any

and a'' web or ce''u'ar phone based messag'ng systems , any other e'ectron 'ca''y stored

data or 'nformat'on wh'ch 's current'y stored on any and a'' persona' compu tat'ona'

dev'ces 'n your possess'on, dom 'n'on, or contro', 'nc'ud'ng, w'thout ''m'tat'on, dev'ces

common'y known as '

desktops', ''aptops', 'smartbooks ', 'tab'ets', 'smartphones','

ce''u'ar phones,

, or 'Pads, , exchanged between you and any other person or ent'ty ,whether used by you 'n a bus'ness, persona', or any other capac'ty , between September1, 2012 and the present date regard'ng the reduct'on from three to one of the eastbound

Fort Lee, New Jersey access 'anes to the George Wash'ngton Br'dge from September9, 2013 through September 13, 2013.

3. A'' documents of any k'nd whatsoever suff'c'ent to show the date , t'me , or'g'nat'ng and

rece'v'ng te'ephone number , or'g'nat'ng ce'' s'te and sector , and durat'on for a'''ncom 'ng and outgo 'ng ca''s for any phone number assoc'ated w 'th you 'n yourpersona' capac'ty or 'n your capac'ty as an emp'oyee of the State of New Jersey , or any

other capac'ty, between September 1, 2012 and the present date regard'ng the reduct'on

from three to one of the eastbound Fort Lee , New Jersey access 'anes to the GeorgeWash'ngton Br'dge from September 9, 2013 through September 13, 2013.

4. A'' documents of any k'nd whatsoever ev'denc'ng e'ectron'c ma' ' commun'cat'on s sent

v'a any and a' ' persona' compu tat'ona' dev'ces 'n your possess'on, dom 'n'on, or

con tro', 'nc'ud'ng w'thout ''m'tat'on dev'ces common'y known as '

desktops', 1'aptops,,'

smartbooks , '

tab'ets', 'smartph ones,, 'ce''u'ar ph ones,, or ''Pads, , whether used by

you 'n a bus'ness , persona', or any other capac'ty, re'at've to any and a''



commun ication s between September 1 , 2012 and the present date regarding the

reduction from three to one of the eastbound Fo rt Lee , New Jersey access lanes to the

George Washing ton Bridge from September 9, 2013 through September 13 , 2013 .


to on e of the eastbound Fort Lee , New Jersey access lanes to the George WashingtonBridge from September 9, 2013 through September 13, 2013.

6. All calendars , day planners , notes , and /or diaries from September 1, 2012 to the

present .


production on the basis of any claimed privilege or protection , or withheld or redacted for anyreason, and retain such documents and/or correspondence.




the furnishing of such copy will not prejud ice the public safety or security.

L .1968, c . 376, s. 4, eff . Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record



L.1968 , c. 376 , s. 5, eff . Dec. 27 , 1968 .


Any person whose name is mentioned or who is specifically identi ied and who


any member of the agency or its counsel at such a hearing tend s to defame him orotherwise adversely affect his repu tation shall have the right, either to appear personally

before the agency and testify in his own behalf as to matters relevant to the testimony or

other evidence complained of, or in the alternative at the option of the agency, to file astatement of facts und er oath relating solely to matters relevant to the testimony or other

evidence complained of , which statement shall be incorporated in the record of the

investigatory proceeding.L 1968, c . 375, s . 6, eff . Dec . 27 , 1968 .


Nothing in this act shall be construed to prevent an agency from granting towitnesses appearing before it, or to person s who claim to be adversely affected by

testimony or other evidence adduced before it, such further rights and privileges as it maydeterm ine .

L 1968 , c. 376, s . 7, eff . Dec. 27, 1968.

52:13E-8. Dissemination of evidence adduced at pr ivate hear ing


testimony or other evidence adduced at a private hearing or preliminary conference orinterview conducted before a sing le-member agency in the course of its investigation

shall be dissem inated or made available to the public by said agency, its counsel or

employees without the approval of the head of the agency. Except in the course of a

subsequent hearing open to the public, no testimony or other evidence adduced at aprivate hearing or prelim inary conference or interview before a comm ittee or othermultimember investigating agency shall be disseminated or made available to the public

by any member of the agency, its counsel or employees, except with the app roval of a

majority of the members of such agency Any person who violates the provision s of th issubdivision shall be adjudged a disorderly person.

L 1968, c. 376, s . 8, eff. Dec. 27, 1968.





power to take testimony at a public or private hearing unless at least two of its membersare present at such hearing .

Noth ing in this section , however, shall be deemed to prevent the State

Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the commission , with one

commissioner present, when so designated by resolution pursuant to the provisions ofsection 12 of P .L.1968 , c. 266 (C. 52:9M-12) .

L .1968 , c. 376 , s . 9 , eff . Dec. 27,1968. Amended by L.1984, c. 110 , s. 5 , eff .

Aug. 3, 1984.


Nothing in this act shall be construed to affect, diminish or impair the right, under

any other provision of law, rule or custom, of any member or group of members of acommittee or other multimember investigating agency to file a statement or statements of

m inority views to accompany and be released with or subsequent to the report of the


L 1968, c. 376, s. 10, eff . Dec. 27,1968.





52:13-1. Attendance of witnesses; production of books and papers; legal and clerical

assistance

Any joint committee of the legislature, any stand ing comm ittee of either house, or any

special comm ittee directed by resolution to enter upon any investigation or inquiry, the

pursuit of which shall necessitate the attendance of persons or the production of books orpapers, shall have power to compel the attendance before it of such persons as witnessesand the production before it of such books and papers as it may deem necessary, proper




If any person upon being summoned in writing by order of any committee mentionedin section 52:13-1 of this title to appear before such committee and testify, fails to obeysuch summons, the speaker of the house of assembly or the president of the senate may,

upon application to him , by warrant under his hand order the sergeant at arms of thehouse over which he presides to arrest such person and bring him before the comm ittee,

and the sergeant at arms shall thereupon execute the warrant to him so directed

52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity ; refusalto answer or be sworn

Witnesses summoned to appear before any committee authorized by this article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and mileage as person s summoned to testify in the courts of the state . All such witnessesmay be sworn by any member of the comm ittee conducting the investigation or inquiry;

and all witnesses sworn before any such comm ittee shall answer truly all questions put to

them which the comm ittee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury No

such witness shall be excused from answering any such questions on the ground that toanswer the same might or would incriminate him; but no answers made by any witness to


witness, except in a crim inal prosecution against the witness for perjury in respect to hisanswers to such questions.




summon s or, appearing, refuses to be sworn shall be guilty of a m isdemeanor .








necessary by the chairman of the comm ittee under whose authority and by whose orderthe same shall have been incurred , but only when the chairman ,s certificate has received

the app roval of the governor .



Whenever, in any investigation or inquiry by any comm ittee constituted by jointresolution of the legislature to enter upon or make such investigation or inquiry, anywitness summoned or subpoenaed to appear before such comm ittee to testify or to

produce books , documents, papers or records, shall willfully neglect or refuse to appearin obedience to the summons or subpoena, or shall willfully neglect or refuse to produce

any books, documents, papers or records commanded to be produced by the summons orsubpoena, or shall refuse to be sworn or affirmed , or shall refuse to answer any question

put to him which the comm ittee shall decide to be proper and pe tinent to suchinvestigation or inquiry, or shall in any other way contemn the authority or pivileges ofthe legislature, and the facts alleged to constitute any such contemp t shall have been

reported by any such committee to the legislature, the alleged contemner shall be tried,and the alleged contempt determ ined, as hereinafter provided .



and general assembly meet in joint sess ion at a time and place therein ixed for thepurpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant, directed to any sergeant at arms of either house or of the jointsess ion or to any sheriff, police officer, member of the state police, constable or other


such joint session , there to be heard .

52:13-7 . Heaing by joint session

At the time and place fixed as aforesaid, or at any adjournment, the joint sess ion shallsit and summarily hear the evidence and the arguments relating to the alleged contempt .

The joint sess ion shall adjourn from time to time until the matter shall have been


52:13-8 . Contemner ,s rights

Any alleged contemner shall have the ight to be heard before the joint sess ion , to berepresented by counsel, to call w itnesses in his behalf, and to examine and cross-exam inew itnesses.

52:13-9 . Determination of contempt by each house separately; concurrent resolution



cnv>

>4

wGO

wH-ÿ

£W

2

t£-<

O

w

H<E-<

oo

<-M

o

> -.

03-Q

t>

-d4-J

oo

03

43ÿ+ »& *

VI

Io

43

d

o

I

c?« <ÿ-<

"Ol-<

oo

B

ICO

> >

3T 3

00

CJ. H

<DX)

T 3C5c3

C3« rH

>o>

e5O

a ,

s

c3Co

o

a ,

x >

3

00

i. rH

42



£<L>t)

a>

43

ed

O

<N

>>-

»

OV )

a>

4)

£

a

o"

S

£

oo

xo

CQ

Oa ,

i-TO

I>o

Od

43+->

<+-<

O



O-* >

T 3<1>00a t

t3

3c+-TO<DS-H

I>»

a ,oo

<D

03

1oQ

O

c

><D

O

<4-4

o

S *

O

-8

W) vr>C CM

VO

00

GO O

>

<L>

6

B£0)

X I

BIV l

1dTJ1)

-O

. »« <

s-<

o

V)

*§00

.<3*

o

(N



STATE OF NEW JERSEY


to

Kevin O 'Dowd


PO Box 00 1


SUBPOENA

Duces Tecum

Wr it Returnable on 01* before

5:00 p.m. , February 3, 2014

to


c/o Charles A

. Buono, Jr .Office of Legislative Services

State House Annex

PO Bos 068

Trenton, New Jersey 08 625

.iOH NS

.

W ISN IEWSK )

Chair

MA RI. IiNIi CAKliH -

I ux l ~hair

I.OUIS f> GRlrENWALO

GORDON M . JOH NSON

PAU L IJ MORiARTY

I.1ND A STI iNOfiR

VALERIE VA IN1F.RI MUTTLE

BONNU - WATSON COLEMAN

M 1CHAF; ., PATRICK CARROi.l

BETTYLOU DeCROCE

AMVH I iANDL IN

IIOU ..Y T SCHi- i.lS

ttm ft £ixt*

SELE

CT C

OMMITT

EE

ON INVE

STIGATIO

NSTATE HOUSE ANNEX

PC) BOX 068


CHARLES A liUON,O JR

Of/kv of legislative Services-(

ommittcc Aide

(609) S47-;>8<tO

(609) 29 2-056 1 fax

January 16, 2014

O ff ice of the Governor

Attn : Custodian of Records

PO Box 00 1


Dear Custodian of Records :

Please find attached hereto a subpoena requesting certain docum ent s concerning all aspects of


including but no t limited to the reassignment of access lanes in Fort Lee New Jersey to the George

Washington Bridge , and any other matter raising concerns about abuse of government po wer or an

attempt to concea l an abuse of government power . The Select Com mittee on Investigation would


p.m., February 3 2014: Charles A . Buono Jr. Office of Legislative Services S tate House Annex PO Box 068 Trenton New Jersey 08625. We also enclose herewith a copy of the Code of Fair


sim ilar format.

If you have any substant ive questions about th is request please contact Special Coun sel Reid J.

Schar , Jenne r & Block LLP at (312) 923-2629.

Reid J. Scha r , Jenner & Block LLP

Aaron Binder Assembly Majority Office

Keith Laugh lin Assembly Repub lican Office

Glen Beebe Assembly Repub lican Office

Charles A. Buono Jr., Office of Legislative Services




SUBPOENA

TO Office of the Governor

A ttn : Custod ian of Records

PO Box 00 1


WE COMMAND YOU Laying aside all and singu lar business and excuses to

produce all books papers , correspondence other documents and materials and electronic


to the Select Comm ittee on Investigation s inq uiry and investigation into all aspects of the

inances operations and management of the Port Authority of New York and New Jersey ,

including bu t no t limited to the reass ignment of access lanes in Fort Lee New Jersey to the

George Washing ton Bridge and any other matter raising concerns about abuse of government


on the attached Schedule A . These books papers correspondence other documents and

materials and electronic records and data shall be returned on or before 5:00 p.m. Mon day

February 3 2014 to : Charles A . Buono Jr. Office of Legislative Services State House

Annex PO Box 068 Trenton, New Jersey 08625. The Select Committee on Investigation was





you herewith .

Failure to comply w ith this Subpoena shall make you liable for such penalties as are

provided by law .

WITNESS the hand of The Hon

Committee on Investigation on this 16th d

liewski, Chairman of the Select

S. Wisniewski, Chairman

jet Committee on Investigation



Code of Fair Procedure

52 :13E -1 . Defin itions

A s used in th is act:

(a) Agency" means any of the following while engaged in an investigation or

inquiry : (1) the Governo r or any person or persons appointed by him acting pu rsuant toP .L 1941 c. 16 s. 1 (C. 52:15-7) (2) any temporary State commission or duly authorized


by subpoena or (3) any legislative comm ittee or commission having the powers set forthin Revised Statutes 52:13-1.




may be compelled by subpoena or other compu lsory process.

(c) Pub lic hearing" means any hearing open to the pub lic or any hearing or


disseminated to the public by the agency .(d) Private hearing " means any hearing other than a pub lic hearing .

L 196 8 c. 376 s . 1 eff . Dec. 27 , 1968.

52:13E -2 . Personal serv ice

No person may be requ ired to appear at a hearing or to testify at a hearing un less

there has been personally served upon him prior to the time when he is requ ired to

appear, a copy of this act and a general statement of the subject of the investigation. A

copy of the resolution statute order or other provision of law autho rizing the


L 1968 c. 376 s. 2, eff . Dec. 27 1968.

52:13E~3. Right to counsel; submission of proposed questions

A witness summoned to a hearing shall have the right to be accompanied bycoun sel who sha ll be permitted to advise the witness of his rights subject to reasonable

limitation s to prevent obstruction of or interference with the orderly conduct of the

hearing. Counsel for any witness who testifies at a public hearing may subm it proposed

question s to be asked of the witness relevant to the m atters upon which the witness has

been questioned and the agency shall ask the witness such of the question s as it maydeem appropriate to its inquiry.

L 1968, c. 376 s. 3 eff . Dec. 27 1968.

52:13E~4. Records of public hearings; copies


shal l be entitled to receive a copy of his testimony at such hearing at his own expense .

Where testimon y which a witness has given at a private hearing becomes relevant in a

crimina l proceeding in which the witness is a defendant or in any sub sequent hearing inwhich the witness is summoned to testify the witness shall be entitled to a copy of such



testimony at his own expense, provided the same is available and provided further that

the furnishing of such copy wil l not prejud ice the public safety or security .L 1968 c. 376 s . 4 eff . Dec. 27 1968 .


A witness who testifies at any hearing shall have the right at the conclusion of hisexamination to file a brief sworn statement relevant to his testimony for incorporation inthe record of the investigatory proceeding.

L 1968 c. 376 s. 5 eff . Dec. 27 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts



any member of the agency or its counsel at such a hearing tend s to defame him or

otherwise adversely affect his reputation shal l have the right either to appear personally


other evidence complained of or in the alternative at the option of the agency to file a


evidence complained of which statement shall be incorporated in the record of the

investigatory proceeding .L

.1968, c. 375, s . 6, eff . Dec. 27, 1968.

52:13E-7 . Rights or pr ivileges granted by ag encies

Nothing in this act shall be construed to prevent an agency from granting towitnesses appearing before it, or to persons who claim to be adversely affected bytestimony or other evidence adduced before it, such further rights and privileges as it maydeterm ine .

L.1968, c. 376, s . 7, eff . Dec. 27, 1968.


Except in the course of subsequent hearing which is open to the public no


interview conducted before a sing le-member agency in the course of its investigation


employees without the app roval of the head of the agency. Except in the course of a

subsequent hearing open to the public, no testimony or other evidence adduced at a

private hearing or prelim inary con ference or interview before a comm ittee or other

multimember investigating agency shall be dissem inated or made available to the public

by any member of the agency its counsel or employees, except with the app roval of a

majority of the members of such agency Any person who violates the provisions of thissubdivision shall be adjudged a disorderly person.

L.1968 c. 376 s . 8, eff . Dec. 27 1968.







Nothing in this section however, shall be deemed to prevent the State

Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the commiss ion w ith one

commissioner present, when so designated by resolution pu rsuant to the provision s of

section 12 of P .L.1968, c. 266 (C. 52:9M-12).L

.1968 c. 376, s. 9 eff . Dec . 27 1968 . Amended by L.1984, c . 110 s. 5 eff .

Aug. 3,1984.


Nothing in this act shall be con strued to affect, diminish or impair the right, under

any other provision of law, rule or custom, of any member or group of members of a


minority views to accompany and be released with or subsequent to the report of the

committee or agency.L 1968 c. 376, s . 10, eff . Dec. 27 1968.



pu rsuant to section 52:13-2 of this title when the same shall be certified as correct and

necessary by the chairman of the comm ittee under whose authority and by who se order

the same shall have been incurred but only when the chairman s certificate has received




Whenever, in any investigation or inquiry by any comm ittee constituted by jointresolution of the legislature to enter upon or make such investigation or inquiry, any


produce books documents, papers or records shall willfully neglect or refuse to appearin obedience to the summons or subpoena, or shall willfully neglect or refuse to produceany books, documents papers or records commanded to be produced by the summons or

subpoena or shall refuse to be sworn or affirmed or shall refuse to answer any question


investigation or inquiry or shall in any other way contemn the authority or privileges ofthe legislature and the facts alleged to constitute any such contempt shall have been

reported by any such committee to the legislature the alleged contemner sha ll be tried,

and the alleged con tempt determined, as hereinafter provided.

52:13-6. Joint session to determine alleged contempt; order for arrest; service



purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant directed to any sergeant at arms of either house or of the jointsession or to any sheriff , police officer member of the state police, constable or o ther

peace officer issue in such manner as shall be prescribed in and by the concurrent

resolution for the arrest of the alleged contemner and the production of him at the bar ofsuch joint session there to be heard.


At the time and place fixed as aforesaid or at any adjournment the joint session shall

sit and summarily hear the evidence and the arguments relating to the alleged contempt

The joint session shall adjou rn from time to time until the matter shall have been


52:13-8 . Contemner ,s rights

Any alleged contemner shall have the right to be heard before the joint session, to be

represented by counsel, to call witnesses in his behalf, and to examine and cross-examine

w itnesses.


A ter the joint session shall have heard the evidence and such arguments as may bemade the senate and the general assembly shall separately convene and shall separately



STATE OF NEW JERSEY


to


A ttn : Custod ian of Records

PO Box 001


SUBPOENA

Duces Tecum

Wr it Returnable on or before


to


c/o

Char les A. Buono , Jr

.


PO Box 068




I /(.1(. ( hair

LOUIS D GREENWAi.D CHARLES A WiONO. JR.

GO RDON M. JO 1NS0N Of/kv of Legislative SVnm » v

l>AUL D, NIGIilAI'.TY Comm ittee Aide

I. 1KDA STIiNDRR f*M /v (W . , (609) S47-3S40

bSS

w:c;SS $n*ti $t U jbtfulitsr* * Bli'l'TYLOUDcCROCi -

ARR0n * SELECT COMM ITTEE ON INVESTIGATION

S v STATE HOUSE ANNEX

PO BOX 068


January 16, 2014

M r. Colin Reed


PO Box 00 1


Dear M r. Reed :

Please find attached hereto a subpoena requesting certain docum ents concerning all aspects ofthe finances, operations , and management of the Port Authority of New York and New Jersey,including, bu t not limited to, the reassignment of access lanes in Fort Lee , New Jersey to the George

Washington Bridge, and any other matter raising concerns about abuse of government power or anattempt to conceal an abuse of governm ent power . The Select Comm ittee on Investigation wouldaccept mail or messenger delivery of the requested records at the following address on or before 5:00

p m., February 3 , 2014: Charles A . Buono, Jr., Office of Legislative Services , State House Annex,



If you have any substantive questions about th is request, please contact Special Coun sel Reid J .


Aaron Binder , Assembly Majority OfficeKeith Laughlin, Assembly Republican Office

Glen Beebe , Assembly Republican OfficeCharles A. Buono, Jr., Office of Leg islative Services



SCHEDULE A



1. All communication s of any kind, inc luding, but no t lim ited to, any correspondence ,

no tes , do cuments , electronic mail transmissions , text messages , Blackberry Messenger

messages (a/k/a BBM messages ), any and all instant messages or other


messages


exchanged via use of a personal compu tational device, including without lim itation

devices commonly known as 'desktops', 'laptops', 'smartbooks,, 'tablets','

smartph ones,

, cellular phones

,

, or

'

iPads', and exchanged between you and any other

person or entity , whether used by you in a business, personal , or any other capacity ,


one of the eastbound Fort Lee , New Jersey access lanes to the George Washing ton

Bridge from September 9, 2013 through September 13, 2013.

2. All documents and records of any kind, includ ing, bu t no t limited to, any

correspondence, no tes , documents , electronic mail transmissions , text messages,

Blackberry Messenger messages (a/k/a BBM messages ) , any and all instant

messages

whether sent via a personal computational device or cellular phone via anyand all web or cellular phone based messaging systems , any other electron ically stored

data or information which is currently stored on any and all persona l compu tational

devices in your possession, dominion, or control , includ ing, without limitation, devices

common ly known as desktops', 'laptops', 'smartbooks,, 'tablets', 'smartphones' ,'

cellular phones,

, or iPads', exchang ed between you and any other person or entity ,whether used by you in a business , personal , or any other capacity , between September1


Fort Lee, New Jersey access lanes to the George Washington Bridge from September9

, 2013 through September 13, 2013.




other capacity, between September 1, 2012 and the present date regarding the reduction

from three to one of the eastbound Fort Lee, New Jersey access lanes to the GeorgeWashington Bridge from September 9, 2013 through September 13, 2013.

4. All documents of any kind whatsoever evidencing electron ic mail communication s sent

via any and all personal compu tational devices in your possession, dom inion, orcontrol , including without limitation devices commonly known as

'

desktops', 'laptops,,1

smartbooks,

, '

tablets', 'smartphones,, 'cellular phones', or 'iPads', whether used by

you in a business , personal , or any other capacity, relative to any and all




52:13E-1. Def init ions


(a) Agency

means any of the following while engaged in an investigation or

inquiry : (1) the Governor or any person or persons appointed by him acting pursuant toP

.L 1941, c . 16 , s. 1 (C . 52:15-7), (2) any temporary State commission or du ly authorized


by subpoena, or (3) any legislative comm ittee or commission having the powers set forthin Revised Statutes 52 :13-1.



oath) conducted before an agency at which testimony or the production of other evidencemay be compelled by subpoena or other compu lsory process.

(c) Public hearing means any hearing open to the public, or any hearing , or


disseminated to the public by the agency.(d) Private hearing means any hearing other than a public hearing.

L 1968, c . 376, s . 1, eff . Dec. 27,1968.

52:13E-2 . Personal serv ice

No person may be required to appear at a hearing or to testify at a hearing un less

there has been personally served upon him prior to the time when he is required toappear, a copy of this act, and a general statement of the subject of the investigation. A

copy of the resolution , statute, order or other provision of law authorizing theinvestigation shall be furnished by the agency upon request therefor by the personsummoned .

L 1968, c. 376, s . 2, eff . Dec. 27, 1968.

52:13E-3. Right to counsel; submission of proposed questions


counsel, who shall be perm itted to advise the witness of his rights , subject to reasonablelimitations to prevent obstruction of or interference w ith the orderly conduct of thehearing . Counsel for any witness who testifies at a public hearing may submit proposedquestions to be asked of the witness relevant to the matters upon which the witness has


deem appropriate to its inqu iry.L 1968 , c . 376, s. 3, eff . Dec. 27, 1968.



sha ll be entitled to receive a copy of his testimony at such hearing at his own expense .


crim ina l proceeding in which the witness is a defendant, or in any subsequent hearing inwhich the witness is summoned to testify, the witness shall be entitled to a copy of such





power to take testimony at a public or private hearing un less at least two of its membersare present at such hearing .

Nothing in this section, however, shall be deemed to prevent the State

Commission of Investigation from conducting private hearings, on an investigationpreviously undertaken by a majority of the members of the commiss ion , with onecomm issioner present, when so designated by resolution pursuant to the provisions ofsection 12 ofP .L.1968, c . 266 (C, 52:9M-12) .

L 196 8 , c. 376 , s. 9 , eff . Dec. 27 , 1968 . Amended by L.1984, c. 110 , s. 5 , eff .

Aug. 3 , 1984.

52:13E-10 . Right of members to file statement of m inori ty views


any other provision of law, rule or custom , of any member or group of members of acomm ittee or other multimember investigating agency to file a statement or statements of

minority views to accompany and be released with or subsequent to the report of thecommittee or agency.L 1968 , c. 376, s. 10 , eff . Dec. 27 , 196 8 .



pursuant to section 52:13-2 of th is title, when the same shall be certified as correct andnecessary by the chairman of the comm ittee under whose authority and by whose order

the same shall have been incurred , but only when the chairman ,s certificate has received

the approval of the governor.


52:13-5 . What constitutes contempt; report thereof to legislature

Whenever, in any investigation or inquiry by any comm ittee constituted by jointresolution of the legislature to enter upon or make such investigation or inquiry, anywitness summoned or subpoenaed to appear before such comm ittee to testify or to

produce books , documents, papers or records, shall willfully neglect or refuse to appearin obedience to the summons or subpoena, or shall willfully neglect or refuse to produceany books, documents, papers or records commanded to be produced by the summons or

subpoena, or shall refuse to be sworn or affirmed , or shall refuse to answer any question

put to him which the committee shall decide to be proper and pertinent to such

investigation or inquiry, or shall in any other way contemn the authority or privileges ofthe legislature, and the facts alleged to constitute any such contempt shall have been

reported by any such comm ittee to the legislature, the alleged contemner shall be tried,

and the alleged contempt determined , as hereinafter provided.

52:13-6 . Joint session to determine alleged contempt ; order for arrest ; service


and general assembly meet in joint session at a time and place therein ixed for the

purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant, directed to any sergeant at arm s of either house or of the jointsession or to any sheriff , police oficer, member of the state police, constable or other

peace officer, issue in such manner as shall be prescribed in and by the concurrentresolution for the arrest of the alleged contemner and the production of him at the bar ofsuch joint session, there to be heard.


At the time and place ixed as aforesaid, or at any adjournment, the joint session shallsit and summarily hear the evidence and the arguments relating to the alleged contempt .

The joint session shall adjourn from time to time until the matter shall have beendisposed of and the alleged contemner shall appear and attend at each and every such

adjou rned session.

52:13-8 . Contemner,s ights

Any alleged contemner shall have the right to be heard before the joint session , to be

represented by counsel, to call witnesses in his behalf, and to examine and cross-exam inew itnesses.

52:13-9 . Determination of contempt by each house separately ; concurrent resolutionA ter the joint session shall have heard the evidence and such arguments as may be




STATE OF NEW JERSEY


to

Colin Reed


PO Box 00 1


SUBPOENA

Duces Tecum


5:00 p.m., February 3, 2014

to


c/o Charles A. Buono, Jr .

Ofice of Legislative ServicesState House Annex

PO Box 068




JOHN S . W ISNIKWSK 1

Chair

MA Ii.L I.iN ii CAR1DE

I'

wC Z*

LOU IS IX GK IHRNWAL I.)

GORDONM JOHN SON

I>AUt. 0 . VIORIAR Y

LINDA S*f'fi iSI>l'iR

VALERIE VAJNIERJ HUTT1.E

BONN IE WATSON COU-MAN

M ICHAEL PATRICK CARROLL

BETTYLOU DcOROCE

AMY H IIANDL IN

H0 I..1.Y T SC ir:i, S I

pfl r Hr e litsrt

SELECT COMM ITTEE ON INVESTIGATIONSTATE HOUSE ANNEX

PO BOX 068


CUARi.l-S A. BUONO, JR .

Office ofLegislative ServicesC.nmm illce Aide

(609) 847-3840

(609) 292-0561 tx

January 16, 2014

Mr . Evan J. RidleyO ff ice of the Governor

PO Box 00 1


Dear Mr . Ridley :

Please ind attached hereto a subpoena requesting certain documents concerning all aspects ofthe finances , operations, and management of the Port Authority of New York and New Jersey,

includ ing, but not limited to, the reassignment of access lanes in Fort Lee , New Jersey to the George


attempt to conceal an abu se of government power . The Select Comm ittee on Investigation would


p .m , February 3, 2014: Charles A . Buono, Jr., Office of Legislative Services , State House Annex,



If you have any substantive question s about th is request, please contact Special Coun sel Reid J.


SELECT

Very truly yours,

INVEST IGAT ION

JW/kjEnclosures


Reid J. Scha r, Jenner & Block LLP

Aaron B inder , Assembly Majority Office


Glen Beebe , Assembly Republican OfficeCharles A . Buono, Jr., Office of Legislative Services




SUBPOENA

TO Evan J. RidleyOffice of the Governor

PO Box 00 1



produce all books , papers, correspondence, other documents and materials , and electronic


to the Select Committee on Investigation s inquiry and investigation into all aspects of the

finances, operations, and management of the Port Authority of New York and New Jersey ,

including, bu t not lim ited to, the reass ignment of access lanes in Fort Lee, New Jersey to the

George Washing ton Bridge, and any other matter raising concerns about abuse of government


on the attached Schedule A . These books, papers , correspond ence , other documents and

materials , and electron ic records and data shall be returned on or before 5:00 p.m., Monday ,

February 3 , 2014 to: Charles A . Buono, Jr., Office of Legislative Services , State House

Annex, PO Box 068, Trenton, New Jersey 08625 . The Select Committee on Investigation was

constituted as a special comm ittee of the General Assembly pursuant to Assembly Resolut ion

No. 10 duly passed by the General Assembly of the State of New Jersey on January 16, 2014 .



you herewith .

Failure to comply with th is Subpoena shall make you liable for such penalties as are

provided by law .

WITNESS , the hand of The Honorable JokrrS . W ispew j£k i| Chairman of the SelectCommittee on Investigation, on this I6th day of Jÿnuary\201 f .

S] W is ri€ws ci, ChairmanSelect Committee on Investigation





52:13-1 . Attendance of witnesses; production of books and papers; lega l and clerical

assistance

Any joint comm ittee of the legislature, any stand ing comm ittee of either house, or any

special comm ittee directed by resolution to enter upon any investigation or inquiry , thepursuit of which shall necess itate the attendance of persons or the production of books orpapers, shall have power to compel the attendance before it of such persons as witnesses

and the production before it of such books and papers as it may deem necessary, properand relevant to the matter under investigation. Any such committee shall also have the



If any person upon being summoned in writing by order of any comm ittee mentionedin section 52:13-1 of this title to appear before such committee and testify, fails to obey



ho use over which he presides to arrest such person and bring him before the committee ,


52:13-3 . Compensation of witnesses; swearing witnesses; perjury ; immunity; refusalto answ er or be sworn

W itnesses summoned to appear before any comm ittee authorized by this article or any


and mileage as person s summoned to testify in the courts of the state. All such witnessesmay be sworn by any member of the comm ittee conducting the investigation or inqu iry;

and all witnesses sworn before any such committee shall answer truly all question s put to


inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury. No

such witness shall be excused from answering any such questions on the groun d that to

answer the same might or would incriminate him; but no answers made by any witness to


witness, except in a crim inal prosecution against the witness for perjury in respect to hisanswers to such questions .


proper and pertinent shall be guilty of a misdemeanor; and any witnes

s who , having beensummoned to appear before any such comm ittee , fails to appear in obedience to the

summon s or, appearing , refuses to be sworn shall be gu ilty of a m isdemeanor .



m ileage of witnesses called , the compensation of legal and clerical assistance employed

and the expenses of the sergeant at arm s of either house in the execution of warrants



co nsider and determine the alleged contempt; and the determination shall be by aconcu rrent resolution , which may originate in either hou se .


Any person found to, be gu ilty of a contempt of the legislature by a concurrent

resolution of the two houses thereof, as hereinbefore provided, may be sentenced toimprisonment in the state prison or in the common jail of any county for any period not

exceeding six months as shall be directed in and by the concurrent resolution determ ining


commitment shall issue, directed to any sheriff , police officer, member of the state police,


common jail of any coun ty, which commitment shall be signed by the president of the



Any comm itment issued in accordance with section 52:13-10 of this title shall remain

valid and effective until the imprisonment therein set forth shall have been served,

notwithstanding the legislature which directed the issue of the commitment may

meanwhile have adjourned or ended .




provided in section 52:13-6 of this Title, in such amount and with such surety as thejudge shall determ ine to be reasonable, to appear before the Joint Sess ion of the

Legislature, at the time and place fixed by the warrant as well as at any and alladjournments thereof, and to stand to and abide such determ ination and sentence as maythereafter be found or imposed against the person so apprehended . Such recognizances



Amend ed by L.1953 , c. 49 , p. 853 , s . 2.

52:13-13 . Powers given additional to other powersThe powers given by this a ticle shall be in add ition to the powers given by article 1 of

this chapter (s . 52:13-1 et seq.) .



STATE OF NEW JERSEY


to

Evan J. RidleyOffice of the Governo r

PO Box 00 1Trenton, New Jersey 08625

SUBPOENA

Duces Tecum


5:00 p.m., February 3, 2014

to

Select Comm ittee on Investigation


Ofice of Legislative ServicesState House Annex

PO Box 068




JOHN,S W ISNI cWSK l

CSx/ir

MA IU .EN L: C 'ARiDU

I 'ice ('liair

LOUIS D.ORI.il-NWAU)

GORDON M JOHNSON

PAUL D MORIARTY

LINDA ST SI.ND IiR

VAI.LRt i; VA IN1ER I mottle

SiONN IL WATSON COLIiMAN

M ICHAEL PATRICK CARROLL

IJI-TTYIOU DcCROCE

AMV IL ISAND L IN

HOLL Y T SCT in-PISl

Itjftii e ÿg elxi itrtSELECT COMM ITTEE ON INVESTIGATION

CHARLIES A BUONO. JR .

Office ofLegislative ServicesC.ommittw A ide

(609) S470 840(

609) 292-O S t I fax

STATE HOUSE ANNEX

PO BOX 068


January 16, 2014

Mr. Dav id Samson

A ttn : Law Off ice of Wolff & Samson

One Boland Drive

West Orange New Jersey 07052

Dear M r. Samson :

Please find attached hereto a subpoena requesting certain docum ents concerning all aspects of

the finances, operations and management of the Port Authority of New York and New Jersey

including but not lim ited to the reassignment of access lanes in Fort Lee New Jersey to the George

Washing ton Bridge and any other matter raising concerns about abuse of government power or an

attempt to conceal an abuse of government power . The Select Comm ittee on Investigation would

accept mail or messenger delivery of the requested records at the follow ing address on or before 5:00

p .m February 3 2014: Charles A . Buono Jr. Office of Legislative Services State House Annex

PO Box 068 Trenton New Jersey 08625. We also enclose herewith a copy of the Code of Fair


similar format .

If you have any substantive questions about this request please contact Special Counsel Reid J .Schar Jenn er & Block LLP, at (312) 923-2629 .

Very truly yours,

SELECT COMM

JW/kjEnclosures


Reid J. Schar Jenn er & Block LLP

Aaron B inder Assembly Majority Office

Keith Laughlin Assembly Republican Of ice

G len Beebe Assembly Republican Office

Charles A. Buono Jr. Office of Legislative Services

ÿINVESTIGATION

SUBPOENA

TO Dav id Samson

A ttn : Law Office of Wolff & Samson

One Boland Dr ive

West Orange New Jersey 070 52

WE COMMAND YOU Laying aside all and singu lar business and excuses to

produce all books papers correspondence other documents and materials and electronic



inances operations and management of the Port Authority of New York and New Jersey

including but not limited to the reassignment of access lanes in Fort Lee New Jersey to the

George Washington Bridge and any other matter raising concerns about abuse of government


on the attached Schedule A . These books papers correspondence other documents and

materials and electronic records and data shall be returned on or before 5:00 p.m. Monday

February 3 2014 to: Charles A . Buono Jr. Office of Legislative Services State House

Annex PO Box 068 Trenton, New Jersey 08625. The Select Committee on Investigation was





you herewith.


provided by law .

W ITNESS the hand of The Honorabe< i5hn S . w/sniowski Chairman of the SelectCommittee on Investigation on this 16th day ©f January 2014/./ /

JohniS. ÿVjsniewski ChairmanÿSe lect Committee on Investigation



SCHEDULE A

(to Subpoena dated January 16 2014 issued by the Select Committee on Investigation.)


1. All commun ications of any kind, including but not limited to any correspondence

no tes documents electronic mail transmissions text messages Blackberry Messenger

messages (a/k/a BB M messages ) any and all instant messages or other

electronically stored data or information includ ing without limitation any instant

messages


exchanged via use of a personal computational device includ ing without limitation

devices commonly known as 1desktops, 1laptops, 'smartbooks' 'tablets'

smartph ones , '

cellular phones , or

'

iPads' and exchanged between you and any other

person or entity whether used by you in a business personal or any other capacity


one of the eastbound Fo rt Lee New Jersey access lanes to the George Washing ton

Bridge from September 9 2013 throug h September 13 2013 .

2. All documents and records of any kind including but not limited to any

correspondence notes docum ents electronic mail transm issions text messages

Blackberry Messenger messages (a/k/a BBM messages ) any and all instant

messages


and all web or cellular phone based messaging systems any other electron ically stored


devices in your possession dominion or control includ ing without limitation, devices

commonly known as 1desktops,

, 1laptops , '

smartbooks,

, '

tablets' 'smartphones','

cellular ph ones,

, or 'iPads' , exchanged between you and any other person or entity

whether used by you in a business personal or any other capacity, between September1

, 2012 and the present date regarding the reduction from three to one of the eastboun d


, 2013 through September 13 2013.

3. All documents of any kind whatsoever sufficient to show the date time originating and

receiving telephone number originating cell site and sector and duration for all

incoming and outgo ing calls for any phone number associated with you in your

personal capacity or in your capacity as an employee of the State of New Jersey or any

other capacity between September 1 2012 and the present date regarding the reduction

from three to one of the eastbound Fort Lee New Jersey access lanes to the GeorgeWashington Bridge from September 9 2013 through September 13 2013.

4. All documents of any kind whatsoever evidencing electronic mail communications sent

via any and all personal computational devices in your possession, dominion or

con trol includ ing without lim itation devices commonly known as '

desktops', 'laptops,

,

'

smartbooks ,

1

tablets' 1smartphones' 'cellular phones', or '

iPads ', whether used by

you in a business personal or any other capacity relative to any and all




52:13E-1. Definitions



inquiry : (1) the Governor or any person or persons appo inted by him acting pursuant toP L 1941 c . 16 s . 1 (C. 52:15-7) (2) any temporary State com m ission or duly authorized

comm ittee thereof having the power to requ ire testimony or the production of evidence

by subpoena or (3) any legislative comm ittee or comm ission having the powers set forthin Rev ised Statutes 52 :13-1 .


(other than a prelim inary conference or interview at which no testimony is taken underoath) conducted before an agency at which testimony or the production of other evidence

may be compelled by subpoena or other compu lsory process.

(c) Public hearing means any hearing open to the pub lic or any hearing or

such part thereof as to which testimony or other evidence is made available or

dissem inated to the public by the agency.(d) Private hearing means any hearing other than a public hearing .

L.1968 c. 376, s . l,eff . Dec. 27 1968.



there has been personally served upon him prior to the time when he is required toappear, a copy of this act and a general statement of the subject of the investigation. Acopy of the resolution , statute order or other provision of law authorizing theinvestigation shall be fu n ished by the agency upon request therefor by the personsummoned .

L 1968 c. 37 6 s . 2 eff . Dec. 27 196 8 .

52:13E-3 . Right to counsel ; submission of proposed questions


counsel, who shall be perm itted to advise the w itness of his rights subject to reasonable

lim itation s to prevent obstruction of or interference with the orderly conduct of the




deem appropriate to its inquiry.

L.1968 c. 376 s. 3 eff . Dec . 27,1968.





crim inal proceeding in which the w itness is a defendant, or in any subsequent hearing in

which the witness is summoned to testify the witness shall be entitled to a copy of such



testimony at his own expense, provided the same is available, and provided further thatthe furnishing of such copy wil l not prejudice the public safety or security .

L 1968 c . 376 s. 4 eff . Dec. 27 1968.

52:13E-5 . Sworn statement by witness ; incorporation in the record


the record of the investigatory proceeding .

L 1968 c. 376 , s . 5 eff . Dec. 27 196 8 .



believes that testimony or other evidence given at a public heaing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or

otherwise adversely affect his reputation shall have the right, either to appear personally


other evidence complained of or in the alternative at the option of the agency to i le astatement of facts under oath relating solely to matters relevant to the testimony or other



L.1968 c . 375 s . 6 , eff . Dec. 27,1968.

52:13E-7 . Rights or privileges granted by ag encies


witnesses appearing before it or to persons who claim to be adversely affected by

testimony or other evidence adduced before it, such further rights and privileges as it maydeterm ine.

L. 1968 c. 376 s. 7, eff . Dec. 27 196 8 .






employees without the approval of the head of the agency. Except in the course of asubsequent hearing open to the public no testimony or other evidence adduced at aprivate hearing or prelim inary conference or interview before a comm ittee or other

multimember investigating agency shall be disseminated or made available to the public

by any member of the agency its counsel or employees except with the approval of a

majority of the members of such agency. Any person who violates the provisions of th issub division shall be adjudged a disorderly person.

L 1968 c. 376 s . 8, eff. Dec. 27, 1968.





power to take testimony at a public or private hearing unless at least two of its members


Nothing in this section , however shall be deemed to prevent the State

Comm ission of Investigation from conducting private hearings on an investigationpreviously undertaken by a majority of the members of the comm ission with one

comm iss ioner present when so designated by resolution pursuant to the provisions ofsection 12 of P.L.1968 c . 266 (C . 52:9M-12).

L 196 8 c. 376 s. 9 eff . Dec. 27 196 8 . Amend ed by L.1984, c. 110 , s . 5 eff .

Aug. 3 1984.


Nothing in this act shall be construed to affect diminish or impair the right under

any other provision of law rule or custom of any member or group of members of acomm ittee or other multimember investigating agency to file a statement or statements of

m inority views to accompany and be released with or subsequent to the report of thecommittee or agency.

L 1968 c. 376 s . 10 , eff . Dec . 27, 1968.




Ar ticle 1. General Prov isions.

52:13-1. Attendance of witnesses; production of books and papers; lega l and clericalassistance

Any joint comm ittee of the legislature any stand ing comm ittee of either house, or any

special comm ittee directed by resolution to enter upon any investigation or inqu iry the

pursuit of which shall necessitate the attendance of person s or the production of books or

papers shall have power to compel the attend anc e before it of such person s as witnesses


and relevant to the matter under investigation . Any such committee shall also have the


conduct of the investigation.


If any person upon being summoned in writing by order of any comm ittee mentionedin section 52:13-1 of this title to appear before such comm ittee and testify fails to obeysuch summons the speaker of the house of assembly or the president of the senate may,

upon application to him , by warrant under his hand order the sergeant at arms of thehouse over which he presides to arrest such person and bring him before the committee

and the sergeant at arm s shall thereupon execute the warrant to him so directed.

52:13-3. Compensation of witnesses; swearing witnesses; perjury; immunity; refusalto answer or be sworn

W itnesses summoned to appear before any comm ittee authoized by th is article or anyother law to conduct an investigation or inquiry shall be entitled to receive the same fees

and m ileage as persons summoned to testify in the courts of the state.

All such witnessesmay be sworn by any member of the committee conducting the investigation or inquiry;and all witnesses sworn before any such committee shall answer truly all questions put to



such witness shall be excused from answering any such question s on the ground that to

answer the same m ight or would incriminate him; but no answers made by any witness to

any such questions shall be used or admitted in evidence in any proceeding against such

witness except in a crim ina l prosecution against the witness for perjury in respect to hisanswers to such question s .


proper and pertinent shall be guilty of a m isdemeanor; and any witness who having been


summons or appearing, refuses to be sworn shall be guilty of a m isdemeanor.


The state treasurer shall, upon the warrant of the state comptroller pay the fees and

mileage of witnesses called the compensation of legal and clerical assistance employed




pu rsuant to section 52:13-2 of this title when the same shall be certified as correct and

necessary by the chairman of the comm ittee under whose authority and by whose order

the same shall have been incurred , but on ly when the chairman,s certificate has received



52:13-5. What constitutes contempt; report thereof to legislatureWhenever, in any investigation or inqu iry by any committee constituted by joint

resolution of the legislature to enter upon or make such investigation or inquiry any


produce books documents papers or records, shall willfully neglect or refuse to appear

in obedience to the summons or subpoena, or shall willfully neglect or refuse to produce

any books, documents papers or records commanded to be produced by the summons or

subpoena or sha ll refuse to be sworn or affirmed , or sha ll refuse to answer any question

put to him which the comm ittee shall decide to be proper and petinent to such


reported by any such committee to the legislature the alleged contemner shall be tried

and the alleged contempt determ ined as hereinafter provided.



and general assembly meet in joint sess ion at a time and place therein fixed for thepurpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant directed to any sergeant at arms of either house or of the joint

session or to any sheriff , police officer member of the state police con stable or other

peace officer issue in such manner as shall be prescribed in and by the concurrentresolution for the arrest of the alleged contemner and the production of him at the bar of

such joint session there to be heard.


At the time and place fixed as aforesaid or at any adjournment, the joint sess ion shallsit and summarily hear the evidence and the arguments relating to the alleged contempt .



adjourned session.

52:13-8. Contemner ,s r ights

Any alleged contemner shall have the right to be heard before the joint session to berepresented by counsel to call witnesses in his behalf and to examine and cross-exam inew itnesses.


Ater the joint session shall have heard the evidence and such arguments as may bemade

, the senate and the general assembly shall separately convene and shall separately

JOHNS WISNII-WSKi

Chair

MARUsNLi CAKIDE < Vuiir

LOU IS i) OKEIi.NWALO

GORDONM JOHNSON

PAUL L>. MOR IAKTY

LINDA ST i NDER

VALERIE VAINIERI HUTTLE

BONNIH WATSON COLEMA N

M ICIIAJ-L PATR ICK CARROLL

BETTVl.Oi; DoOKQCEAMY I I HAN DLIN

HOLLY T SCH i .PISI

$I*ir $i it lEfjif JiftttSELECT COMM ITTEE ON INVESTIGAT ION

STATE HOUSE ANNEX

PO BOX 068


CHARLES A . BUONO

JR

Office of legislative Servttx'sCommi tee A id?

(609) 847-;;840

(609) 29?.-056 1 -ix

January 16, 2014

Mr . William StepienA ttn : Kev in H . M arino

Law Office of Marino Torto rella & Boyle PC437 Southern Boulevard

Cha tham New Jersey 07928-148 8

Dear Mr . Stepien:

Please find attached hereto a subp oena requesting certain documents concerning all aspects of


includ ing but no t lim ited to the reassignment of access lanes in Fort Lee New Jersey to the George




p m , February 3 2014: Charles A . Buono Jr. Office of Legislative Services State House Annex


Procedure . The preferred method of delivery of the requested records is compact disk or DVD orsimilar format.

If you have any substantive questions about th is request please contact Special Coun sel Reid J .

Schar Jenner & Block LLP at (312) 923-2629 .

SEL

Very truly /purs

INVEST IGAT ION

JW/kjEnclosures

c Membe rs - Se lect Committee on Investigation


Aaron B inder Assembly Majority Office

Keith Laughlin Ass embly Republican Office


Charles A. Buono Jr. Office of Legislative Services

Wismew5ki



SCHEDULE A

(to Subpoena dated January 16, 2014 issued by the Select Comm ittee on Investigation.)


1. All commun ications of any kind includ ing but not lim ited to, any correspond ence

notes documents electronic mail transmissions text messages Blackberry Messeng er

messages (a/k/a BBM messages"), any and all "instant messages or other

electronically stored data or information including without lim itation any instant

messages

sent via any web or cellular phone based messaging systems whether

exchanged via use of a personal compu tational device includ ing without limitation

devices common ly known as 'desktops 'laptops 'smartbooks, 'tablets '

smartph ones,

, cellular ph ones,

, or iPads, and exchanged between you and any other

person or entity whether used by you in a business , personal or any other capacity ,


one of the eastbound Fort Lee New Jersey access lanes to the George Washing tonBridge from September 9 2013 through September 13 2013.

2 . All documents and records of any kind including but not lim ited to, any

correspondence notes documents electronic mail transm issions text messages

Blackberry Messenger messages (a/k/a "BBM messages ) any and all "instan t

messages


and all web or cellular phone based messaging systems any other electron ically stored

data or information which is currently stored on any and all personal compu tation al

devices in your possession dom inion or control including without lim itation devices

commonly known as desktops 'laptops 'smartbooks 'tablets 'smartphones '

cellular phones

, or iPads, , exchanged between you and any other person or entity whether used by you in a business personal or any other capacity between September1



, 2013 through September 13 2013.

3. All documents of any kind whatsoever sufficient to sho w the date time originating and

receiving telephone number originating cell site and sector and duration for allincoming and outgoing calls for any phone num ber associated with you in your


other capacity between September 1 2012 and the present date regarding the reduction

from three to one of the eastbound Fort Lee New Jersey access lanes to the GeorgeWashington Bridge from September 9, 2013 through September 13 2013

4. All documents of any kind whatsoever evidenc ing electronic mail communications sent

via any and all personal compu tational devices in your possession dom inion or

control, includ ing without limitation devices commonly known as desktops, laptop s, smartbooks

,

, '

tablets 'smartphones, 'cellular ph ones or 'iPads whether used by

you in a business personal or any other capacity relative to any and all




reduction from three to one of the eastbound Fort Lee New Jersey access lanes to the

George Washington Bridge from September 9 2013 through September 13 2013.

5. All video and audio recordings and all voice mails regarding the reduction from three

to on e of the eastbound Fort Lee New Jersey access lanes to the George Washing tonBidge from September 9, 2013 through September 13 2013.

6. All calend ars day planners no tes and /or diaries from September 1 2012 to the

present.

7. All smartphones tablets cellular phones and personal digital or data ass istants , or any

other similar device used by you at any time from September 1 2012 to the present

whether used by you in a business personal or any other capacity .


production on the basis of any claimed privilege or protection or withheld or redacted for any

reason and retain such documents and /or correspondence .




52:13E-L Definitions



inquiry; (1) the Governo r or any person or persons appointed by him acting pursuant toP

.L 1941 c . 16 s . 1 (C. 52:15-7) (2) any temporary State comm ission or duly autho ized


by subpoena or (3) any legislative comm ittee or comm ission having the powers set forthin Revised Statutes 52 :13-1.

(b) Hea ring means any hea ring in the course of an investigatory proceeding

(other than a preliminary conference or interview at which no testimony is taken under


may be compelled by subpoena or other compu lsory process

(c) Pub lic hearing means any hearing open to the public or any hearing or


disseminated to the public by the agency

(d) Private hearing means any hearing other than a public hearing.

L 1968 c. 376 s . 1 eff . Dec. 27 1968 .

52:13E ~2 . Persona l serv ice


there has been personally served upon him prior to the time when he is required toappear a copy of this act and a general statement of the subject of the investigation A

copy of the resolution, statute, order or other provision of law authorizing the


L 1968 c . 376, s . 2 eff . Dec. 27,1968.


A witness summoned to a hearing shall have the right to be accompanied bycounsel who shall be perm itted to advise the witness of his rights subject to reasonable

lim itations to prevent obstruction of or interference w ith the orderly conduct of the


questions to be asked of the w itness relevant to the matters upon which the witness has


L 1968 c. 376 s. 3 eff. Dec. 27,1968.



shall be entitled to receive a copy of his testimony at such hearing at his own expense

Where testimony which a witness has given at a private hearing becom es relevant in a

crim inal proceeding in which the witness is a defendant or in any subsequent hearing inwhich the witness is summoned to testify the witness shall be entitled to a copy of such



pursuant to section 52:13-2 of this title when the same shall be certified as correct and

necessary by the chairman of the comm ittee under whose authority and by whose order

the same shall have been incurred but on ly when the chairman ,s certificate has received

the app roval of the governor .



Whenever in any investigation or inquiry by any comm ittee constituted by jointresolution of the legislature to enter upon or make such investigation or inquiry anywitness summoned or subpoenaed to appear before such comm ittee to testify or to

produce books documents papers or records, shall willfully neglect or refuse to appear

in obedience to the summons or subpoena or shall willfully neglect or refuse to produce

any books documents, papers or records commanded to be produced by the summons or

subpoena or shall refuse to be sworn or affirmed or shall refuse to answer any question



reported by any such comm ittee to the legislature, the alleged contemner shall be tried

and the alleged contempt determined as hereinafter provided.

52:13-6. Joint session to determine alleged contempt; order for arrest ; service


and general ass embly meet in joint sess ion at a time and place therein fixed for the

purpose of hearing the evidence and arguments regarding the alleged contempt and mayorder that a warrant directed to any sergeant at arms of either house or of the joint

session or to any sheriff police officer, member of the state police constable or other


such joint session there to be heard.


At the time and place fixed as aforesaid , or at any ad journment the joint session shallsit and summa i ly hear the evidence and the arguments relating to the alleged contempt.The joint session shall adjou n from time to time until the matter shall have been


adjourned session.

52:13-8. Contemner,s rights

Any alleged contemner shall have the right to be heard before the joint session to berepresented by counsel, to call witness es in his behalf, and to examine and cross -exam inew itnesses .



made the senate and the general assembly shall separately convene and shall separately



consider and determine the alleged contempt; and the determ ination shall be by acon current resolution which may originate in either house .



resolution of the two houses thereof as hereinbefore provided may be sentenced toimprisonment in the state prison or in the common jail of any county for any period notexceeding six months as shall be directed in and by the concurrent resolution determ ining

the contempt for the execution of which such concurrent resolution may order that a

comm itment shall issue directed to any sheriff , police officer member of the state po lice,


common jail of any county which commitment shall be signed by the president of the



Any commitment issued in accordance with section 52:13-10 of this title shall remain

valid and effective until the imprisonment therein set forth shall have been served ,

no twithstanding the legislature which directed the issue of the comm itment may

meanwhile have adjou rned or ended .

52 :13-12 . Bail of con temner

Any judge of the Superior Court may let to bail any person app rehended for hearing on

a charge of con tempt under a warrant issued by direction of a concurrent resolution as

provided in section 52:13-6 of this Title in such amount and with such surety as the

judge shall determ ine to be reasonable to appear before the Joint Session of the

Legislature at the time and place fixed by the warrant as well as at any and al l

adjournments thereof and to stand to and abide such determ ination and sentence as maythereafter be found or imposed against the person so apprehended. Such recognizances

shall run in favor of the State of New Jersey and sha ll be filed by the judge in the ofice


Amended by L.1953, c . 49 p. 853, s . 2.



this chapter (s. 52:13-1 et seq.).

COCO

>;w00

PdW> *

&

2

eO

wH<[-H

O )

t-w

o

>-

>

c3T3

J§+ >

a

o

«i

-«->

CO

O

XJ

c

o

£03

»- .-*

O+-»

OX)a

« r«<

T3 -(

oo

%

o

£CO

3T3

00

a. »-«

ÿn}-

C t

<+-<

o

&

o

J3

e£i>

X)

2

B

ICO

T3

T3

rS

oCO

§00

o



STATE OF NEW JERSEY

Se ect Comm'ttee on nvest'gat'on

to

W' 'am Step enA ttn ; Kev n H . M ar no

Law Off'ce of Mar'no Tortore''a & Boy'e PC437 Southern Bou evard

Chatham New Jersey 07 928-1488

SUBPOENA

Duces Tecum

W r t Returnab e on or before

5:00 p.m., February 3 2014

to

Se'ect Comm'ttee on nvest'gat'on

c o Char es A . Buono, Jr .

Off ce of Leg's at've Serv ces

State House Annex

PO Box 068


JOHNS WISNIKWSK1

Chair

MA IU .KN U OAR IDK

Vu: <> t. 'lwir

LOU IS S) GRIil-NW AU ')

GORDON M. JOHNSON

PAUL 0 MORIARTY

I.INDA STEN DI-R

VALfiKl i VA INIERI HUTTU :

BONNI Ii WATSON CO IJiMA N

M ICHABi , PATRICK CARROl.l .

BliTTYI .OU DcOROCf:AM Y I HAM 5I.IN

HOU ..Y T SC I H iPISI

tr« f SELECT COMM ITTEE ON INVESTIGATION

STATE HOUSE ANNEX

PO BOX 068


<:ha iu,i::s a . buono . jr .

Office of Legislative ServicesC.ommiuee Aide

(609}M7. ?840

(609) 292-056 1 fax

January 16 2014

M r . David W ildstein

Attn: Mr . Alan L . Zegas

Law Office of Alan L . Zegas

552 Main Street

Cha tham, New Jersey 07928

Dear M r. W ildstein :

Please find attached hereto a subpoena requesting certain docum ents concerning all aspects of


including but not limited to the reass ignment of access lanes in Fort Lee New Jersey to the George




p.m , February 3, 2014: Charles A . Buono, Jr. Office of Legislative Services State House Annex



sim ilar format.

If you have any substantive questions about this request please contact Special Coun sel Reid J .

Schar Jenner & Block LLP at (312) 923-2629 .


Aaron B inder, Assembly Majority Office

Keith Laughlin Assembly Repub lican Office

Glen Beebe Assembly Repub lic Office

Charles A . Buono Jr. Office of Legislative Services




52:13E-L Definitions


(a) "Agency" means any of the following while engaged in an investigation or

inquiry: (1) the Governo r or any person or persons appointed by him acting pursuant toP L .I941, c. 16

, s . 1 (C. 52:15-7) (2) any temporary State comm ission or duly authorized


by subpoena or (3) any legislative committee or commission having the powers set forthin Revised Statutes 52 :13-1.


(other than a preliminary conference or interview at which no testimony is taken under


may be compelled by subp oena or other compulsory process .

(c) Public hearing" means any hearing open to the public, or any hearing or


disseminated to the public by the agency .(d) Private hearing" means any hearing other than a public hearing.

L 196 8 c. 376 s . l,eff . Dec. 27 196 8 .


No person may be required to appear at a hea ring or to testify at a hea ring un less


appear a copy of th is act, and a general statement of the subject of the investigation . A

copy of the resolution statute, order or other provision of law authorizing the


L 1968 c. 376, s . 2 eff . Dec. 27 1968.



counsel who shall be perm itted to advise the witness of his rights subject to reasonable

limitations to prevent obstruction of or interference with the orderly conduct of the

hearing. Counsel for any witness who testifies at a public hearing may subm it proposed

question s to be asked of the witness relevant to the matters upon which the witness has

been questioned and the agency shall ask the witness such of the questions as it maydeem approp riate to its inquiry.

L .196 8 c. 376 s . 3, eff . Dec. 27 196 8 .



shall be entitled to receive a copy of his testimony at such hea ing at his own expense .


criminal proceeding in which the witness is a defendant or in any subsequent hearing in

which the witness is summoned to testify the witness shall be entitled to a copy of such



testimony, at his own expense provided the same is available, and provided further that

the furnishing of such copy will not prejud ice the public safety or security.L 1968 c. 376, s. 4 eff. Dec. 27, 1968.

52:13E-5. Sworn statement by witness; incorporation in the record



L 1968 c. 376 , s . 5 eff . Dec. 27, 1968.

52:13E-6. Persons affected by proceedings; appearance or statement of facts

Any person whose name is mentioned or who is specifically identi ied and who

be lieves that testimony or other evidence given at a public hearing or comment made by

any member of the agency or its counsel at such a hearing tends to defame him or

otherwise adversely affect his reputation shall have the right either to appear personallybefore the agency and testify in his own behalf as to matters relevant to the testimony or

other evidence complained of

or in the alternative at the option of the agency, to file astatement of facts under oath relating solely to matters relevant to the testimony or other



L 196 8 c. 375 s. 6 eff . Dec. 27 196 8 .


Nothing in this act shall be construed to prevent an agency from granting towitnesses appearing before it, or to persons who claim to be adversely affected by

testimony or other evidence adduced before it such further rights and privileges as it maydeterm ine .

L 1968 c . 376 s. 7 eff . Dec. 27 1968.

52:13E-8. Dissemination of evidence adduced at p ivate hearing


testimony or other evidence adduced at a private hearing or prelim inary conference or

interview condu cted before a single-member agency in the cou rse of its investigation


employees without the approval of the head of the agency. Except in the course of asubsequent hearing open to the public no testimony or other evidence adduced at aprivate hearing or prelim inary conference or interview before a comm ittee or other

multimember investigating agency shall be disseminated or made available to the public

by any member of the agency its counsel or employees except with the approval of a

majority of the members of such agency Any person who violates the provisions of thissubdivision shall be adjud ged a disorderly person.

L 1968 c . 376 s . 8 eff . Dec. 27, 1968.




No temporary State comm iss ion having more than two members shall have the




Commission of Investigation from conducting private hearings on an investigationpreviously undertaken by a majority of the members of the comm iss ion with one

commissioner present when so designated by resolution pursuant to the provisions ofsection 12 of P.L.1968 c. 26 6 (C. 52:9M-12).

L 1968 c . 376 s. 9 eff Dec . 27,1968 . Amended by L.1984 c . 110 s. 5 eff.

Aug. 3 1984.


Nothing in this act shall be construed to affect dim inish or impair the right, underany other provision of law rule or custom of any member or group of members of a


m inority views

to

accompany

and be

released with

or

su

bsequen

t to

the report

of the

committee or agency .L 1968 c. 376 s. 10 eff . Dec . 27 1968.






assistance

Any joint committee of the legislature any stand ing comm ittee of either house or any

special comm ittee directed by resolution to enter upon any investigation or inquiry the

pursuit of which shall necessitate the attendance of persons or the production of books or

papers shall have power to compel the attendance before it of such person s as witnesses




con duct of the investigation


If any person upon being summoned in writing by order of any comm ittee m entionedin section 52:13-1 of this title to appear before such comm ittee and testify, fails to obey

such summons the speaker of the house of assembly or the president of the senate may


house over which he presides to arrest such person and bring him before the committee


52:13-3. Compensation of witnesses; swearing witnesses; perjury ; immunity ; refusal

to answer or be sworn

Witnesses summoned to appear before any committee autho rized by this article or any


and m ileage as persons summoned to testify in the courts of the state. All such witnessesmay be sworn by any member of the comm ittee conducting the investigation or inquiry;

and all witnesses sworn before any such committee shall answer truly all questions put to

them which the comm ittee shall decide to be proper and pertinent to the investigation or

inquiry; and any witness so sworn who shall swear falsely shall be guilty of perjury No


answer the same m ight or wou ld incrim inate him; but no answers made by any witness toany such questions shall be used or adm itted in evidence in any proceeding against such

witness except in a criminal prosecution against the witness for perjury in respect to his

answers to such questions .

Any witness who refuses to answer any questions decided by the com mittee to be

proper and pertinent shall be guilty of a m isdemeanor; and any witness who having been

summoned to appear before any such comm ittee fails to appear in obedience to the

summon s or appearing , refuses to be sworn shall be guilty of a misdemeanor.

52:13-4. Expenses of investigations; payment

The state treasurer shall upon the warrant of the state comptroller pay the fees and

m ileage of witnesses called the compensation of legal and clerical assistance employed




consider and determine the alleged contempt; and the determination shall be by a

concurrent resolution which may originate in either house .


Any person found to be gu ilty of a contempt of the legislature by a concurrent

resolution of the two hou ses thereof as hereinbefore provided , may be sentenced toimprisonment in the state prison or in the common jail of any county for any peiod notexceeding six months as shall be directed in and by the concurrent resolution determining

the contempt for the execution of which such concurrent resolution may order that acommitment sha ll issue, directed to any sheriff , po lice officer member of the state po lice,

constable or other peace officer and to the keeper of the state prison or the keeper of the

common jail of any county which comm itment shall be signed by the president of the



Any comm itment issued in accordance with section 52:13-10 of th is title shall remainvalid and effective until the imprisonment therein set forth shall have been served,

notwithstand ing the legislature which directed the issue of the comm itm ent may

meanwhile have adjourned or ended.

52:13-12. Bail of contemner

Any judge of the Superior Court may let to bail any person apprehended o r hearing on


provided in section 52:13-6 of th is Title in such amount and w ith such surety as the

judge shall determ ine to be reasonable to appear before the Joint Sess ion of the

Legislature at the time and place fixed by the warrant as well as at any and all

adjournments thereof, and to stand to and abide such determination and sentence as maytherea ter be found or imposed against the person so apprehended . Such recognizances



Amended by L.1953 c. 49 p. 853 s. 2.


The powers given by this article shall be in add ition to the powers given by article 1 ofthis chapter (s 52:13-1 et seq .).

CO

mgo

Dm

PQH->

W

Z

o

sISw

o

&TD



cd«

J3

cdO

Co

I$bDO

»

T3u

Oo

8

g

I00

>>%

3T3

00

c. *»«4

X)

T3

§

cd

,=tr- <

oCN

J

aas

<<+- <

O

1 )o

Jw

O

£

J

V }

03

SO<D

N

Jd« s

CO

->

Cuoo

0)

e+ »

iÿ *»<

<D+-»

w-a. (

&-dÿ»-<

gQ

o+-»

OA

C. r-H

>

O

0

4>

rC-4_J

o

CM

» f-K . <.

oo ts)

±>

i

X)

o4 -J

eo

13

<L>

X ). »-K

U <

oco

ÿ§00



STATE OF NEW JERSEY


to

David W ildstein

Attn: Mr . Alan L . Zegas

Law O ffice of Alan L . Zegas

552 M ain Street

Ch atham , New Jersey 07928

SUBPOENA

Duces Tecum



to


c/o Charles A . Buono , Jr.


PO Box 068


Bridgegate Subpoenas on 17 January 2014

Documents

Transcript of Bridgegate Subpoenas on 17 January 2014