Delaware River Port Authority chief responds to Dougherty

The top lawyer of the Delaware River Port Authority properly added his $9,000 car allowance to his annual salary for pension purposes, the authority's chief executive said in a letter Tuesday to DRPA board member John J. "Doc" Dougherty, who recently has been challenging agency practices.

DRPA chief John Matheussen, responding to a wide-ranging letter from Dougherty earlier this month, defended the pay arrangement for DRPA general counsel Richard L. Brown. Dougherty had criticized the combination of the car allowance and salary (totaling $189,081) as an improper effort to boost Brown's pension, and he called on Brown to resign.

Matheussen said the car-allowance issue "was fully vetted several years ago" and was deemed to be proper for pension purposes.

"At no time did Mr. Brown or anyone else attempt to 'use semantics to justify an abuse of the system,' " Matheussen wrote.

Matheussen also responded to other issues raised by Dougherty, who has been demanding changes in the way the agency operates, including eliminating closed-door meetings and reducing the limit for no-bid contracts.

Dougherty, the business manager of IBEW Local 98 in Philadelphia and an unsuccessful candidate for Pennsylvania Senate in 2008, had said he would introduce resolutions at Wednesday's monthly meeting to eliminate those practices.

But Wednesday's meeting was canceled on Tuesday morning.

The delay was necessary because the board chairman, Philadelphia lawyer John J. Estey, "will be out of town on business," the DRPA said Tuesday in a written statement. "A new date and time will be announced in the near future."

In his letter to Dougherty on Tuesday, Matheussen addressed issues Dougherty raised in a July 9 letter:

The death of police officer Christopher Milito. Lawsuits are anticipated against the Port Authority in the death of DRPA Police Cpl. Milito, Matheussen said, so the agency won't release information Dougherty requested. Milito, 40, of Media, was struck and killed by a car on the Walt Whitman Bridge in January while investigating a traffic accident.

The dismissal of corporate secretary John Lawless. Lawless, a former Pennsylvania state legislator from Montgomery County, was escorted from his DRPA office by security officers in April, but continues to draw his $123,806 annual salary. Matheussen said Lawless "has not been terminated" and can be replaced only by the board, which he expects to happen. In the meantime, because of expected litigation, the DRPA won't give Dougherty "confidential material related to this matter."

The departure of DRPA public safety director Vincent Borelli. Matheussen said the DRPA can't give Dougherty the records and correspondence dealing with Borelli's June 2008 departure "as it deals with personnel records and attorney work product." But Dougherty would be permitted to review the data, Matheussen said. And, Matheussen said, Borelli resigned his position at DRPA; he was not terminated."

Management reports. Matheussen said a 2008 management audit "will be completed for review and distribution in the near future, and a copy will be sent to you at that time." Earlier audits, for 1996 and 2001, will be sent to Dougherty.

Hiring practices. Matheussen said he would discuss with Dougherty and make available the DRPA's written policies on hiring and outside employment.

Insurance practices. Dougherty had complained about the agency's practice of paying certain commissions to insurance providers. Matheussen promised to arrange a meeting with Dougherty about that.

The politically connected DRPA, a $300 million-a-year agency that operates four Delaware River toll bridges and the PATCO commuter rail service between Philadelphia and South Jersey, is facing a critical period.

Matheussen's contract expired Saturday, and Gov. Christie has said he will not permit Matheussen to be rehired for a third term until questions are answered about DRPA governance and procedures. Matheussen remains in his $219,474-a-year job as a holdover, based on an authorization letter signed last week by Estey and vice chairman Jeffrey L. Nash.

Dougherty said Tuesday he found Matheussen's letter "totally disingenuous" and said he would ask Gov. Christie and Gov. Rendell to compel a meeting of the board, if one is not called soon.

The bistate agency's board is made up of eight representatives from Pennsylvania, including Dougherty, and eight from New Jersey. There is one vacancy in the Pennsylvania delegation.