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. Last week, New Jersey announced it would pull the states representative from the commission of New York Harbor by the end of the month, essentially leaving the agency unable to continue operating lawfully. Vale also argued that because the states entered into the 1953 agreement to form the commission jointly a bi-state organization created to police the ports, stem the influence of organized crime and vet dockworkers the two sides had to agree on when to end it. 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. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. Whether a New York-New Jersey mob-busting law enforcement agency should sleep with the fishes was the subject of arguments Wednesday before the U.S. Supreme Court. The Waterfront Commission, which has jurisdiction over the region's ports and marine terminals, would shut down unless New York goes to court.Star-Ledger file photo. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. 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 If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that 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. 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." June 24, 2019. 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. Resource. In 1950, the U.S. Senate Special Committee to Investigate Crime in Interstate Commerce was created to investigate crime, particularly in the shipping industry, as Senate hearings became increasingly covered by newspapers as well as shown in local theaters to the public. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. She also agreed with New Jersey that states do not easily cede their statutory authority. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. I dont know that we can draw the inference that you want us to draw.. 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. 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). 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. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. 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. The WCNYH has its own police division (a.k.a. Isnt that an extraordinary thing? he asked. The Justice Department filed court documents in August that sided with New Jersey and argued that leaving the commission would allow the state to "exercise its full sovereign authority." 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. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. Our withdrawal is long overdue, said New The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and All rights reserved. Justice Sonia Sotomayor, a Bronx native, told Vale her argument "doesn't make any sense" and that "once you said the compact did not intend this to be perpetual, I think you ended the game.". How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. 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. 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. Soon after, New Jersey went back to the drawing board to determine how it could pull out of the compact, primarily looking to shift policing of the port and background checks to the state police, which already reportedly plays a similar role in the states waste management and casino industries. 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. Gov. Whether anyone would actually be hired was not promised. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." 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. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. The bi-state agency was founded in It maintained that New Jersey could not decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. All rights reserved (About Us). The two FBI special agents in charge of the New York and Newark field offices wrote that the agencys own work with the commission shows the continued influence of the Genovese and Gambino organized crime families over the International Longshoremens Association and waterfront businesses.. 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. Community Rules apply to all content you upload or otherwise submit to this site. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. Ted Sherman may be reached at tsherman@njadvancemedia.com. "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. 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. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. New Jersey lawmakers saw things differently, and instead found organized crimes influence had waned. WCNYH Background Information Questionnaire. 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 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. 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. [20][1], The Supreme Court has paused New Jersey's withdrawal from the compact creating the commission until it has addressed the merits of an injunction filed by the State of New York.[21][22]. 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. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. Charges of racketeering conspiracy, extortion, theft of union benefits, mail fraud, false statements, loansharking, embezzlement of union funds, money laundering, and illegal gambling, dating back over three decades, were brought forth by the United States District Court for the Eastern District of New York in February2008 against leaders of the Gambino crime family, their associates, and union officials. 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 commission is authorized to deny or revoke the registration or licenses of those who involve themselves in criminal activity. 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.. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. The Supreme Court docket has recorded the arguments being filed by both the defendant and plaintiff since March 2022. Turn on desktop notifications for breaking stories about interest? She noted the bistate agreements silence on the matter of whether the states intended for this to continue forever, or that they would jointly agree to leave, but that one couldnt decide Im done and out. . Waterfront Commission of New York Harbor (WCNYH) News. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. Murphy reiterated the state's belief that the commission, which was formed in 1953, is "outdated and inefficient" and "has become an impediment to economic growth. 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. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. And it keeps going until both states decided to end it, she said. 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.. 2023 www.northjersey.com. New York has yet to take a position in the matter. Local journalism needs your support. During arguments at the high court both liberal and conservative justices suggested that the Garden State doesn't need New York's consent to withdraw from the Waterfront Commission of New York Harbor. The U.S. Supreme Court ordered an abrupt halt Thursday to New Jerseys planned exit from a bi-state watchdog agency that regulates the ports and piers of New York Harbor, just four days before the state was ready to call it quits. Its staff of 75 includes police officers, auditors, investigators, and lawyers. 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. | Mark Lennihan/AP Photo. Gov. All rights reserved (About Us). 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. 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. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Phil Murphy. Industry officials also maintained that the commission overstated the problem of crime on the docks. But New Jersey, in its own filings before the court, argued that the reasons for the commission no longer exist, adding that cargo is now moved in shipping containers, handled by far fewer longshoremen, and that most of the ports operations have shifted to New Jersey. 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. One party cant keep the other on the hook forever, Justice Sonia Sotomayor said. Chris Christie, a Republican, signed legislation withdrawing his state from the compact. Last month, the Office of the Solicitor General in its own brief concluded the commission did not have the authority to file a petition seeking to overturn efforts by the New Jersey Legislature to withdraw from its interstate agreement. In 2018, on his last day in office, New Jersey Gov. It argued that New Jersey could not simply decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. Gov. Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. Some academics and other states have expressed concern in their submitted amicus curiae briefs over whether a Supreme Court ruling could affect other interstate compacts. On Monday, the nations high court declined to hear an appeal of a lower court ruling that sided with New Jerseys argument that the commission didnt have standing to sue the state. 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. It also argues that the industry today is not what it was in the 1950s and that this particular type of regulator (the compact) is not warranted. 2023 Advance Local Media LLC. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Chris Christie signed a law to pull the state out of the commission. 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. 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. 609-292-4791. Others, though, say an even higher stakes battle might be at hand. 2023 Advance Local Media LLC. January 18, 2023. [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. In essence they 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. 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. Our journalism needs your support. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. We want to know if you are interested in transitioning your employment from the current commission to the state of New Jersey, wrote State Police Superintendent Col. Patrick Callahan in a letter sent last week to Waterfront Commission employees. We look forward to an orderly transition from the Commission to the New Jersey State Police.. Subscribe at nj.com/supporter. 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. 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.. Now, all eyes are turning to New York and to the merits of the commission itself and whether organized crime is still a major threat. 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. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets 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. For unlimited access to her work covering the regions transportation systems and how they affect your commute,please subscribe or activate your digital account today. Download. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. 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