The Supreme Court seems ready to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat mob influence at their joint port. Gov. "I am optimistic that New Jersey will prevail in this case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21stcentury," Murphy's statement said. But 70 years have passed, and the New Jersey Legislature has concluded that the commission now engages in overregulation of business and is ill-equipped to handle 21st century security challenges, Feigenbaum told the justices. [17], In October 2014, the New Jersey Senate passed measure S-2277 which would direct the governor of New Jersey to withdraw from the bi-state compact and transfer the commission's oversight responsibilities in New Jersey to the state police. [12], On August 11, 2009, the New York State Inspector General Joseph Fisch issued a report of his two-year investigation of the Waterfront Commission. Media Inquiries-. It agreed with the state and found that the commissions lawsuit impinges on the State of New Jerseys sovereignty., In a final appeal, lawyers for the Waterfront Commission went to the U.S. Supreme Court, arguing that if the decision were to stand, it will signal to states that they can destroy compact commissions they find irksome simply by appropriating the commissions functions for themselves.. Gov. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. Its responsibilities include certifying that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade a power that gives the agency full discretion over who may work on the piers. That led Gov. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. Community Rules apply to all content you upload or otherwise submit to this site. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its The Supreme Court is not trying to get into the goods or bads of the commission, but really the simple legal question of whether New Jersey can unilaterally leave this bi-state compact, said Rivard. Division of Licensing and Employment Information Centers, United States District Court for the Eastern District of New York, "N.J. officials take a step back in controversial port fight", "Waterfront Commission disputes lawsuit by union and shippers charging hiring interference", "Waterfront Commission of New York Harbor - Police", "Waterfront Commission of New York Harbor (WCNYH)", "Waterfront Commission of New York Harbor Police Vehicles, Pier 88, New York City", "Waterfront Commission of New York Harbor Police Command Center, OpSail and Fleet Week 2012, New York City", "Waterfront Commission Police Boat, New York-New Jersey", "A business card from Detective David Bistacco from the Waterfront Commission and a @NYCPBA "courtesy card" are hard", "Corruption Found at Waterfront Watchdog", "Bill to dissolve Waterfront Commission approved by N.J. Senate panel", "Christie acts on bill to dissolve the Waterfront Commission", "Chris Christie's final acts: Bills he made law and killed, from drones to circus animals", "U.S. Supreme Court blocks New Jersey's exit from Waterfront Commission", "U.S. Supreme Court Stops Efforts to End NY/NJ Waterfront Commission", Metropolitan Transportation Authority Police Department (MTAPD), Roosevelt Island Department of Public Safety, Waterfront Commission of New York Harbor Police, City University of New York Public Safety Department, Department of Environmental Protection Police, Department of Health and Hospitals Police, Department of Citywide Administrative Services Police, New York City Taxi and Limousine Commission, New York Racing Association Law Enforcement and Safety Division, Spring Creek Towers Department of Public Safety (Starrett City), https://en.wikipedia.org/w/index.php?title=Waterfront_Commission_of_New_York_Harbor&oldid=1123553406, Specialist police departments of New York (state), Specialist police departments of New Jersey, Law enforcement agencies of New York City, Pages using law enforcement agency with local civilian police general nature, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 24 November 2022, at 10:14. Jackson and other justices seemed skeptical of New Yorks argument in the case. The Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices Justice Elena Kagan reiterated that point. The two-member commission with one commissioner from each state oversees licensing and inspections at the Port of New York and New Jersey and has its Waterfront Commission of New York Harbor (WCNYH) News. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. When New York and New Jersey formed the Waterfront Commission Compact in 1953, they intended to prohibit unilateral termination, argued Vale in her opening statement. Cookie Settings/Do Not Sell My Personal Information. While New Jersey has sought to unilaterally withdraw from the decades-old bi-state agreement and, in turn, the commission of New York Harbor due to outdatedness, New York argues the exit would be in violation of the Compacts Clause of the Constitution. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and Follow him on Twitter @TedShermanSL. INTERNAL POSITIONS ONLY. Gov. Cargo ships docked in Port Newark.Ted Sherman | NJ Advance Media for NJ.com, A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on Wednesday, with at least one skeptical justice suggesting that forcing the state to stay would be an extraordinary thing.. U.S. Supreme Court justices on Wednesday indicated they might rule in favor of New Jersey leaving a bi-state agency with New York created to police ports, stem the influence of organized crime, and vet dockworkers. Protecting the safety of New Yorkers and our vital industries is my top priority, and we cannot afford to lose the Waterfront Commissions unique authority and expertise in combating crime at our port, said New York Governor Kathy Hochul on March 14, 2022, when New York filed legal action in the Supreme Court to block New Jersey from terminating the Waterfront Commission. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. 24/7 coverage of breaking news and live events. If you dont believe me, go to the website of the supposed non-profit, Open, There are many things that set New York City apartits spirit, grit, bustle and community boards. Download. The commission which includes one member from each state appointed by its governor has wide jurisdiction over the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. In light of the complete transformation of the harbor since the 1950s, the New Jersey Legislature determined that there was no longer a continuing need for bi-state regulation of the overwhelmingly New Jersey-centered port activity, and that New Jersey should resume state regulation of its docks, the state Attorney Generals office wrote. She also agreed with New Jersey that states do not easily cede their statutory authority. The Waterfront Commission of New York Harbor was created to address racketeering and unfair hiring practices at the jointly run Port of New York and New Jersey. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the Cookie Settings/Do Not Sell My Personal Information. 2023 Advance Local Media LLC. Phil Murphy said he is "thrilled" about the brief and is confident this will bolster the Garden State's case that it can withdraw from the bistate commission without consent from New York, according to a statement released Monday. New Jersey lawmakers say changes in the industry, including the development of container shipping, have lessened the influence of organized crime at the port and reduced the need for the commission. Isnt that an extraordinary thing? he asked. And on Friday, the shipping industry said it would no longer pay millions in annual charges to the commission, pointing to the states position that it would not be able to operate legally without a quorum. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). [18] In May 2015, Governor Chris Christie conditionally vetoed S-2277 (and the corresponding bill A-3506 passed by the New Jersey General Assembly), citing his concerns that the state lacked the authority to withdraw from the compact and arguing that the solution should be to modify the operations of the commission to minimize interference with waterfront operations. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. The commission, which approves and denies those seeking port jobs like longshoreman, includes representation from both states. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. New York docksparticularly in Red Hook, Brooklyncurrently handle a sliver of the New York Harbor and port trade compared to New Jerseys estimated 80 to 90 percent. The Port of New York and New Jersey is the largest port complex located on the East Coast of North America. Ted Sherman | NJ Advance Media for NJ.com, unilateral withdrawal from the watchdog agency, has already become a presence in the port areas, pushed back on the states requests for information, ruling that the governor and the state Legislature, cannot simply decide on its own to end a nearly 70-year-old compac, it would no longer pay millions in annual charges. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. The decision Monday means the high court declined to hear the commissions appeal in a lawsuit arguing that New Jersey could not unilaterally walk away from the federally approved interstate compact that established the agency. News Header: Former Checker Barred From Returning to Waterfront Following I dont know that we can draw the inference that you want us to draw.. Under statutory mandate, the mission of the commission is to investigate, deter, combat and remedy criminal activity and influence in the port district and also ensures fair hiring and employment practices. In arguments before the court, New York Deputy Solicitor General Judith Vale said while there was no expectation that the new commission created to clean up the port would be permanent, she told the justices there was an intention to prohibit unilateral withdrawal by either side. If New York believes that New Jersey has violated the agreement between the two states, it could seek leave to file an original action against New Jersey in this court, he said. The In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission Legislators voted to shut down the Waterfront Commission in 2018, charging that it was over-regulating business at the port in an effort to justify its existence, and hurting the states economic interests. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. Kathy Hochul that New Jersey cannot simply decide on its own to end a nearly 70-year-old compact that led to the joint formation by the two states of the Waterfront Commission in 1953. Over the years, the Waterfront Commission has documented how some union leaders in the ports have raked in hundreds of thousands of dollars in pay each year by submitting weekly reports in which they claim to work more hours than there are in a week. All rights reserved (About Us). Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. WASHINGTON U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Wednesday in a case spurred by New Jersey's bid to leave the bi-state Waterfront Commission. Ted Sherman may be reached at tsherman@njadvancemedia.com. Justice Amy Coney Barrett told Vale that it seems very odd that New York wants to hang on to the commission when the majority of the port's business goes through its New Jersey side. On this Wikipedia the language links are at the top of the page across from the article title. Follow him on Twitter @TedShermanSL. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. Vale made a last attempt during her rebuttal to convince the justices of the commission's essential role in the region, saying that as recently as 2006 the compact governing the commission was amended by both states to strengthen the organization's work and therefore the two states should work together to determine the commission's future. New Jersey attempted to withdraw from the pact in 2018.[1]. The bill was approved by Gov. Justice Amy Coney Barrett said it seems very odd that New York wants to keep the commission even though most of the ports business is now conducted on the New Jersey side of the harbor. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. The State Police, tasked with the role of taking over the enforcement role of the Waterfront Commission of New York Harbor on March 28, has asked some of agencys staff if they want to work for them. In an interview, Paulin said she doesnt know what Hochul believes yet, but that New Jersey is setting a dangerous precedent by trying to walk away from bi-state agreements simply because it wants to. Hochul to bring a new case last year before the Supreme Court. Local journalism needs your support. Murphy nominated Jennifer Davenport to represent New Jersey on the commission earlier this month and is awaiting Senate confirmation. New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. Chris Christie signed a law to pull the state out of the commission. The State Police is planning to take over law enforcement activities in New Jersey's ports by March 28.Ted Sherman | NJ Advance Media for NJ.com. [15][16], The report's existence was due, in part, to two whistleblowers, Kevin McGown and Brian Smith, who both resigned and have since filed a discrimination complaint against the agency. The state has been in court for nearly four years seeking to pull out of the commission, after New Jersey legislators voted in 2018 to walk away in the wake of increasing political pressure by the industry and the dockworkers union. In essence they The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. Noting that most of the port activities are now based in New Jersey, they claimed the Waterfront Commission had also hurt the states economic interests. 2023 Advance Local Media LLC. Chris Christie signed the bill into law in his final week in office. The closely watched case could carry broad implications, not just in the control of the sprawling waterfront that stretches from Brooklyn to Elizabeth, but in the possible impact on other agencies established through similar compacts between states, say some legal experts. A host of regulations were ushered in, those with criminal records were barred from serving as union officials, and containerization later gained popularity in the 1960s. New Jersey officials, continuing to press forward on a unilateral withdrawal from the watchdog agency that oversees the regions major ports, suggested there could be job offers on the table for those currently working for the bi-state commission. Kathy Hochul. 2023 Advance Local Media LLC. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. [2] The commission was initially created to combat unfair hiring practices on the waterfront in response to the growing number of crimes being committed there. New York has yet to take a position in the matter. Granting a motion by New York to stop the state from terminating the nearly 70-year-old compact ratified by Congress that created the Waterfront Commission, the high court in a brief written order also declared that the state could not simply walk away from its responsibilities to fund the commission. Community Rules apply to all content you upload or otherwise submit to this site. Hochuls counsel has added that the commission remains a major player in the ongoing battle against organized crime and corruption in the ports shared by the two states. January 18, 2023. In its filing, the commission said the courts cannot read a nonexistent unilateral withdrawal term into the compact just because New Jersey thinks that structure would have made more sense.. Axelrod). The 70 Whether anyone would actually be hired was not promised. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. Judith Vale, New York's deputy solicitor general, tried to convince the court that New Jersey's departure from the 70-year-old commission would "upset and destabilize" the region. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. It remains to be seen whether New York the other side of the long-standing waterfront partnership will stand by and allow a unilateral withdrawal. Its formation in 1953 came in the wake of series newspaper stories that exposed the racketeering and labor abuses then widespread on the piers which led to major reforms inspiring the Marlon Brando film classic On the Waterfront.. The Waterfront Commission filed suit in 2018 shortly after Gov. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. [The states] would understand that when you do a compact, and you dont say anything express about termination, that you are sticking together until you jointly decide to end it, she said in response to questioning by Chief Justice John Roberts. The commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. The Police Division operates in Manhattan and Brooklyn and has three offices, two in NY: The Waterfront Commission of New York Harbor cooperates with various state, federal, and local law enforcement authorities in pursuing investigations into waterfront-related crimes. On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. The Supreme Court appears willing to let New Jersey unilaterally exit the Waterfront Commission of New York Harbor, a bistate police agency created to crack After a federal judge struck down the New Jersey law ruling that the governor and the state Legislature could not simply walk away from its agreement with New York the United States Court of Appeals for the Third Circuit reversed the ruling. Local journalism needs your support. The next day, when Gov. Whatever kinds of regulations, of course, that wed have today would have to reflect the kind of new reality of labor and commerce on the ports, which are significantly different from the 1950s, said Peter Catapano, history professor at City Tech, on Dec. 9 during the Brooklyn Waterfront Research Centers breakfast talk webinar, titled What is the New York-New Jersey Waterfront CommissionAnd Do We Still Need It? The three-person panel discussed, in part, the origins of the Waterfront Commission, its legacy, and the debate over whether the Commission should continue. The bi-state agency was founded in This applies to the appointment of commissioners and the approval of each state of the agencys operating budget. WASHINGTON -- The Supreme Court seemed ready Wednesday to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat the mob's influence at their joint port. The Waterfront Commission was established in 1953 after being passed by both state legislatures of New York and New Jersey and Congress as well as being signed into law by then-President Dwight D. Eisenhower. Peter Aseltine. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. Supporters of that plan including the shipping industry and the union representing port workers said the commission now makes doing things unnecessarily cumbersome and plodding. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. Attorneys from the U.S. Justice Department have sided with New Jersey in a dispute with New York over the future of the controversial Waterfront Commission, which monitors hiring and criminal activity at the ports, according to a brief filed with the U.S. Supreme Court this week. | Mark Lennihan/AP Photo. Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. So, there has been tension over the past couple of decades about whether the Waterfront Commission should still exist in its current form or whether it should exist at all.. News Header: Former Checker Barred From Returning to Waterfront Following Findings That To put the workforce into context, about 40,000 to 50,000 workers were showing up at the docks in 1953 and about 8,000 registered workers were showing up by 1980, according to Catapano. The Waterfront Commission of New York Harbor was created to address of racketeering and unfair hiring practices at the jointly-run Port of New York and New Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. They have been particularly incensed by its involvement in the hiring process for dock workers. State Sen. Joseph Cryan wants New Jersey to sever ties with the Waterfront Commission of New York Harbor, an law enforcement agency that has been credited with breaking up La Cosa Nostra organized crime groups, associates of which have financially supported the lawmakers political campaigns. In 1953, the states entered a compact to create a unique agency, the Waterfront Commission of New York Harbor, with the express goal of stamping out organised crime at the port. The Waterfront Commission itself was granted permission to file an amicus brief with the court, in support of New Yorks motion to stop New Jersey from killing the agency. Even if the commission cant sue to save itself, the state of New York could sue New Jersey and cases between states can land back at the Supreme Court. Roughly $200 billion in cargo moves through the port each year. Chris Christie signed the bill in his final week in office, though once vetoing it as unconstitutional, and the commission fought the states action through the federal courts. The U.S. Supreme Court will not intervene in New Jerseys efforts to kill the Waterfront Commission of New York Harbor a bi-state agency created more than 65 years ago to police the regions ports ending for now a years-long legal fight over the policing of the ports of New York and New Jersey. I guess what Im trying to push back on is that, if the reason they were silent was not because they thought this was in an agreement for all times, but because they were worried about signaling to the mob bosses that they would be leaving, Jackson said. Rather, the justices were most interested in the sovereign powers of states involved in a bi-state commission, and the minutiae of contract and compact law used to create the commission. Upon assuming the position, current Governor Phil Murphywho previously promised members of the International Longshoremens Association that he would, as he declared in his campaign speech before the 2017 election, figure out the damn Waterfront Commission once and for allwas faced with a lawsuit on his first day of office. YouTubes privacy policy is available here and YouTubes terms of service is available here. New Jerseys arguments have been bolstered by the U.S. Office of the Solicitor General, which argues the governments position for the federal Justice Department in cases before the Supreme Court and was specifically asked by the court to weigh in on this one. Ted Sherman may be reached at [emailprotected]. Kathy Hochul to sue New Jersey. Our withdrawal is long overdue, said New Its staff of 75 includes police officers, auditors, investigators, and lawyers. Elena Kagan, who also grew up in New York, was similarly skeptical of the state's argument as was the court's only member from New Jersey, Justice Samuel Alito. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. Washington, D.C. U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Gov. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. Some of Vale's arguments hinged on the idea that the creation of the Waterfront Commission was much like the inception of the Port Authority of New York and New Jersey. Citizen Inquiries-. Gov. Vale responded that commerce from the joint ports of New York Harbor remained a huge driver of the states economy and that New York itself still has sovereign interests in the marine terminals operated by the Port Authority of New York and New Jersey located in New Jersey. The commission's formation followed by several decades the creation of the vastly bigger Port Authority of New York and New Jersey, which oversees transportation infrastructure in the region. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. ", The U.S. attorneys who wrote to the court, led by Solicitor General Elizabeth Prelogar, said New York's arguments in court documents are "mistaken" and "internally inconsistent," adding that New Jersey should be able to leave without New York's consent because it enables "each State to exercise its full sovereign authority.". New Jersey Attorney General Matt Platkin and New York Solicitor General Barbara Underwood were in the courtroom, though New York Attorney General Letitia James was not. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. 609-984-5828. The Waterfront Commission had sued to stop New Jersey from abandoning the agreement that established it decades ago, a move that would have effectively killed it. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. The US Supreme Court seemed likely to say that New Jersey can walk away from an interstate agreement over the objection of its neighbor New York. Schemes Linked to Genovese crime Family law to pull the state out of the across. 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