The bi-state commission was formed in 1953 to combat widespread waterfront crime, including mob activity and the sort of corruption detailed in the movie On the Waterfront.. All rights reserved. New Jersey has the support of the Biden administration, which has told the court that the compact's text suggests either state can withdraw on its own. 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 letter said New Jerseys move cannot go unchecked.. 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.. But during Wednesday's arguments, there was little reference made to mafia crime families and whether they would make inroads back to the ports should the Waterfront Commission be dissolved. Media Inquiries-. The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. Our journalism needs your support. All rights reserved (About Us). The Waterfront Commission declined comment on Monday. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. Solicitor General Elizabeth Prelogar chided New York's case in those documents, calling its arguments "internally inconsistent.". Ted Sherman may be reached at tsherman@njadvancemedia.com. 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. After being in limbo for nine months, New York v. New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments being made beginning February 27, 2023. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. In essence they 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). June 24, 2019. 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. 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. 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. 24/7 coverage of breaking news and live events. The two states created the Waterfront Commission in 1953 to fight crime and regulate employment at the ports. 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 January 18, 2023. The Waterfront Commission sued New Jersey over the law but its case was tossed when a federal appeals court ruled in 2021 that only New York could sue to stop the Garden States withdrawal. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. 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. Vale also argued that the bistate nature of the compact was crucial to its function. But each state, she added, had agreed to give up an element of their sovereign powers in return for the benefits of shared regulation of the waterfront. | Mark Lennihan/AP Photo. The commission, which was created by New York and New Jersey in response to the deep-rooted corruption once prevalent on the docks, has jurisdiction over all the regions piers and terminals. Community Rules apply to all content you upload or otherwise submit to this site. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. The Waterfront Commission sued to save itself and, after years tied up in court, the case was turned away in 2021 on issues of standing. 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. 2023 Advance Local Media LLC. 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. Download. 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. Solicitor General Elizabeth B. Prelogar said while the compact was silent on the matter of whether either state could unilaterally withdraw, she said the agreement was structured and funded in such a way that the continuing cooperation of each state was necessary for the Waterfront Commission to function effectively. 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. Description. New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. WebCertified Police Officer - Detective. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. 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. 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. 2023 Advance Local Media LLC. 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. In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. Solicitor General, as well some states including Texas, have since sided with New Jersey. Gov. 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. They have been particularly incensed by its involvement in the hiring process for dock workers. Subscribe at nj.com/supporter. 2023 Advance Local Media LLC. Justice Elena Kagan reiterated that point. New Jersey attempted to withdraw from the pact in 2018.[1]. All rights reserved (About Us). 609-984-5828. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. Its staff of 75 includes police officers, auditors, investigators, and lawyers. 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. 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.. 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.. 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. The effective end of the commission or the beginning of a fight with New York would come after Murphy files a formal notice to exit the commission, which he plans to do. Phil Murphy has announced that New Jersey will withdraw from the commission in three weeks despite letters from the office of New York Gov. [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. While a federal judge struck down the New Jersey law, ruling that the governor and the state Legislature could not abandon the bi-state agreement, the ruling was overturned by he U.S. Court of Appeals for the Third Circuit. 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. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. Gov. However, Chief Engineer Christos Tsiamis, who has been providing updates to the project almost every month for the past dozen years, diffused all, After advocacy from PS 676 students started three years ago, the new and improved Hamilton Avenue footbridge opened with a ribbon cutting on a rainy day in January. Jackson and other justices seemed skeptical of New Yorks argument in the case. New York sued New Jersey in March over its withdrawal efforts, arguing that the two states would have to agree to the commission's disbanding, and said the work of the commission is not over, with organized crime still seeking to "exert influence" over port operations. The unraveling of the Waterfront Commission will start now, and its duties will be taken over by the (New Jersey) State Police, he said. That fight, if it comes, will almost certainly put more focus on the role of organized crime on the New York and New Jersey waterfront, which was the reason the commission was created in the first place. Other justices on the court focused on whether the 70-year-old agreement that created the bi-state agency to fight corruption and mob influence on the regions docks had ever been intended to be permanent. 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. Thursday, the U.S. Supreme Court temporarily Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. New York sued New Jersey over the Garden States unilateral effort to shut down the bistate agency, reports in which they claim to work more hours than there are in a week, handing over law enforcement operations on the New Jersey side of the port to the New Jersey State Police, Do Not Sell/Share My Personal Information. Yes, he said in an interview, there are still some signs of organized crime around the harbor, but hardly to the extent that it was controlling the waterfront and not to any greater extent than organized crime is involved in any other activity in the state of New Jersey.. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. The U.S. Supreme Court on Monday handed New Jersey a victory in its effort to abolish the 70-year-old Waterfront Commission, declining to intervene for now 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 Gov. It has argued that its agreement with New York no longer makes sense in an age that brought game-changing mechanization to all the ports, ultimately relocating most activity on the waterfront almost entirely to New Jersey. In the legislative findings that accompanied the law, lawmakers said the commission has over-regulated the businesses at the port in an effort to justify its existence. New Jersey officials have also pointed to corruption at the commission itself over a decade ago, though it has since been restructured. YouTubes privacy policy is available here and YouTubes terms of service is available here. The U.S. Supreme Court in November decided it would not hear the case. 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. 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. The bi-state agency was founded in 1953 by a Congressional authorized compact between New York and New Jersey "for the purpose of eliminating various evils on the waterfront in the Port of New York Harbor." [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. Chris Christie signed a law withdrawing from the commission and handing over law enforcement operations on the New Jersey side of the port to the New Jersey State Police. But its enforcement efforts in recent years led to mounting political pressure in Trenton, with the New York Shipping Association and International Longshoremens Association arguing that the commission had long overstepped its authority. Your argument is that they surrendered their sovereign authority perpetually. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. 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. 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 own police force. Peter Aseltine. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. The commission which includes one member from each state appointed by its governor Turn on desktop notifications for breaking stories about interest? 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. 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 Cookie Settings/Do Not Sell My Personal Information. Our withdrawal is long overdue, said New 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. In 2018, then-New Jersey Gov. Industry officials also maintained that the commission overstated the problem of crime on the docks. Paulins letter to Hochul seems to question the polices readiness by noting the commissions decades of institutional knowledge that cannot be replaced by another agency.. 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. Lesniak was jubilant about the Supreme Courts move and predicted a quick end to the Waterfront Commission, in part because he doesnt think New York has lifted much of a finger to fight yet. The bi-state agency was founded in The commission immediately went to federal court seeking an injunction against the state and 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). Gov. [10], Officers wear a darkblue NYC-style police uniform, with:[11], It also includes a duty belt with equipment. 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. Sponsors charged that the agency had over-regulated business at the port to justify its existence, while engaging in enforcement activities they claimed were hurting the states economic interests. Whether anyone would actually be hired was not promised. Wednesday's court appearance came less than a year after New York sued New Jersey over its attempt to exit the commission, a process that began in 2018 when the New Jersey Legislature approved the withdrawal. Cookie Settings/Do Not Sell My Personal Information. WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets And it keeps going until both states decided to end it, she said. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the News Header: Former Checker Barred From Returning to Waterfront Following The U.S. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. Murphy, following the oral arguments, said he was optimistic that New Jersey would prevail in the case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21st century.. Chief Justice John Roberts at one point during argument said it seemed to him that after 70 years of the Waterfront Commission's operation it's going to take a long time and hard work to kind of unravel all of this if New Jersey wants to walk away. 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. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. Local journalism needs your support. The New Jersey law takes the money that would have gone to the Waterfront Commission and sets it aside for the State Police to use to regulate the ports. It is our responsibility to New Yorkers to stop New Jerseys unlawful actions and preserve the ongoing work of this law enforcement agency., Governor [Phil] Murphy continues to believe that New Jersey should have the right to withdraw from a nearly 70-year-old commission that does not meet todays needs or serve New Jerseys interests, said Bailey Lawrence, a spokesperson for the New Jersey governor, as reported by Law360 on October 24, 2022. He looks forward to the case being argued during the Supreme Courts upcoming term and remains optimistic that New Jersey will prevail.. New Jersey set in motion its intent to end its agreement with New York after legislators amid political pressure from the New York Shipping Association and the International Longshoremans Association voted in 2018 to withdraw from the commission. It asked for details on their current positions and resumes. Murphy nominated Jennifer Davenport to represent New Jersey on the commission earlier this month and is awaiting Senate confirmation. On this Wikipedia the language links are at the top of the page across from the article title. Jeremy Feigenbaum, the New Jersey solicitor general, argued that the Waterfront Commission has caused "over-regulation of business" and is ill-equipped to oversee modern shipping, which relies largely on containers to send and transfer goods 80% of which land in New Jersey ports, not those in New York. Community Rules apply to all content you upload or otherwise submit to this site. Following World War II, national attention was primarily drawn towards the existence of organized crime and its influence down at the docks thanks to The New York Suns Macolm Johnson and his 24-article series, Crime on the Waterfront (which was published in 1948, won a Pulitzer Prize for local reporting in 1949, and inspired the film adaptation, On the Waterfront, that was released in 1954). Additionally, in 1953, about 20-percent of all exports and imports came through Red Hook, Brooklyn and Chelsea, New York. Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. 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. New York then entered the conversation, arguing that workers move back and forth between the two states ports and that it makes sense to keep the current compact intact. 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. 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. 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. Given that shipping activity is largely in its state, New Jersey has tried to leave the Waterfront Commission since 2018, when then-Governor Chris Christie signed a bill (which he previously vetoed in 2015) on his last day of office. Cookie Settings/Do Not Sell My Personal Information. Justice Ketanji Brown Jackson signaled that she was unconvinced that the 70-year-old agreement between the two states was meant to be binding forever. 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.. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit Austin Raynor, assistant to the solicitor general for the U.S. Department of Justice, took questions from the court about department's defense of New Jersey. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and Citizen Inquiries-. 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. New Jersey Solicitor General Jeremy Feigenbaum, arguing the case for New Jersey in Washington on Wednesday, said there was nothing in the plain text of the compact that prohibited the state from leaving the Waterfront Commission. WebWaterfront Commission of New York Harbor (WCNYH) News. But the high courts move doesnt end the commission if anything, it may intensify a simmering dispute between New Jersey and New York about the agencys future, adding to other state clashes between the two states over taxes and tolls. That case has been winding through courts ever since and the U.S. Supreme Court decision not to hear the case essentially rested on procedural matters about who could sue whom. 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. 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. New Jersey Gov. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. 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. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission 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. Gov. The Waterfront Commission filed suit in 2018 shortly after Gov. In light of current geopolitical uncertainty, the termination of the Waterfront Commission would cause immediate and irreparable harm to New York state, from increased crime to higher prices to employment inequities. Crime family and union leaders may not be the end of the battle to fight crime and employment! To each delegate their own licensing and policing powers to the WCNYH nj waterfront commission police ``! 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