THE PORT AUTIIORD'Y OF NY & NJ

Michael Farbiarz
General Counsel

March 7, 2017

Mayor Mark J. Sokolich

Borough of Fort Lee
309 Main Street
Fort Lee, NJ 07024

Re: Claim For Legal Expenses

Dear Mayor Sokolich:

I write in response to your February 9, 2017 letter to the

Chairman of the Port Authority of New York and New Jersey.

Your letter requests payment of approximately $334,000, for

legal expenses incurred by Fort Lee in connection with federal
and state investigations of 2013 lane realignments at the George
Washington Bridge ("GWB").

There is no legal basis for such a claim. The Port

Authority therefore declines to make the requested payment.

Any potential state law claims against the Port Authority

are now time-barred. See N.J.S.A 32:1-163.

Any federal claims would be based on the fact that former

Port Authority employees William Baroni and David Wildstein
orchestrated the 2013 lane realignments. But as United States
District Judge Jose Linares has held, such claims could go
forward only if Baroni and Wildstein had "final policymaking
authority" with respect to the lane realignments. See Galicki
v. New Jersey, 14-cv-169 (JLL) (Sept. 15, 2016).

They did not. "Under the relevant state laws," Judge

Linares has held, "Wildstein and Baroni d[id] not possess final
policymaking authority." Id. at 19. In addition, Judge Linares
has determined that "Baroni and Wildstein were not explicitly
vested with the relevant policy making authority under the [Port
Authority] By-Laws." Id.
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 THE PORT AIRHORRY OF NY & NJ
Mayor Mark J. Sokolich - 2 - March 7, 2017

Nor did they have authority from any other source. After
considering evidence for nearly two months, the jury in the GWB
federal criminal trial found that Baroni did not have authority
to order the lane realignments. United States District Judge
Susan Wigenton, who presided over the criminal trial, has
catalogued the relevant evidence --- and has held that it amply
supports the jury's finding. See United States v. Baroni and
Kelly, 2:15-cr-193 (SWD) (Mar. 1, 2017) at 12.

As you correctly note in your letter, the Port Authority

"vehemently . . . now disclaim[s] the unlawful actions" of Mr.
Baroni and Mr. Wildstein. And the Port Authority just as
vehemently disclaimed those actions in real time --- when its
Executive Director acted quickly and decisively on the morning
of September 13, 2013 to put an end to the lane realignments.

Federal law permits crime victims to seek compensation from

those who have committed crimes against them. See, e.g.,
Mandatory Victim Restitution Act, 18 U.S.C. 3663A. If Fort
Lee is to seek compensation, it should look to those convicted
of committing the crimes in question --- not the Port Authority.

Very truly yours,

,~/f
Michael Farbiarz
General Counsel

cc: John Degnan, Chairman, Port Authority of NY & NJ

Patrick Foye, Executive Director, Port Authority of NY & NJ