August 21, 2007
Assemblyman Sean T. Kean/732-974-0400
11th District - Monmouth County

After having their Open Public Records Act (OPRA) request denied by the Department of Treasury, Republican members of the Assembly Transportation and Public Works Committee today sent a second letter to Governor Jon Corzine asking that he release an $800,000 consulting report on the proposed sale of New Jersey toll road assets for public review.

The Republican members of the transportation panel, Assemblymen Kevin O’Toole and Sean Kean, and Assemblywoman Jennifer Beck, had sent a letter to Corzine on August 8 asking that he release an $800,000 report prepared by the private consulting company, Steer Davies, and Gleave, Ltd. They filed an OPRA request with Treasury that same day.
Treasury refused to release the report claiming the document is confidential and falls under a consultative work product exemption to OPRA.

“In the spirit of transparency, you must trust members of the Legislature and the public to review the consultant’s final reports and recommendations which we have all paid $800,000 to produce,” the lawmakers write to Corzine. “We are asking you to intervene and direct the Department of Treasury to provide the document and to let you know that we intend to file a complaint with the Superior Court or the Records Council next week if we have not received the report.”

A copy of the letter is attached.

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August 21, 2007

Hon. Jon Corzine
Governor of the State of New Jersey
Office of the Governor
State House
Trenton, New Jersey 08625-0001

Dear Governor Corzine,

In our capacity as members of the Assembly Transportation Committee we recently submitted a formal request to the Department of Treasury to provide us with an $800,000 taxpayer-funded report that reveals what happens when tolls are increased on the New Jersey Turnpike and Garden State Parkway.

We received a response from the Department of Treasury late Friday evening that the report would not be made public. We are asking you to intervene and direct the Department of Treasury to provide the document and to let you know that we intend to file a complaint with the Superior Court or the Records Council next week if we have not received the report.

Two months ago your administration paid $800,000 in taxpayer money to a private consulting company, Steer Davies, and Gleave, Ltd. Consistent with the terms of a State contract with that vendor, the $800,000 payment was made only after the contractor delivered a final report detailing toll increases and traffic impacts associated with “monetizing” the Garden State Parkway, the New Jersey Turnpike, and two other roads. The invoice for the report was submitted May 4 indicating the report has been available for about four months.

As set forth in the contract, the report is required to detail what will happen when tolls increase on the Garden State Parkway, New Jersey Turnpike, Atlantic City Expressway, and Route 440. You have repeatedly encouraged the Legislature and public to base monetization opinions on the facts, yet continue to deny the public details such as those contained in these reports.

In the spirit of transparency, you must trust members of the Legislature and the public to review the consultant’s final reports and recommendations which we have all paid $800,000 to produce. We understand you may be working with the vendor to make additional changes to the final report they submitted. But as we stated in our previous letter, for the uncensored advice from vendors to be hidden from the public hardly seems to be in the spirit of encouraging decision-making based on sound information.

We are prepared to take legal action next week to ensure that the report is released. The public paid for this report and has the right to see it.

Sincerely,

Assemblyman Kevin O’Toole		Assemblyman Sean Kean
Assemblywoman Jennifer Beck