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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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. The justices will decide the case in the coming months. 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. 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. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. 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 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 Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). Ted Sherman | NJ Advance Media for NJ.com. 2023 Advance Local Media LLC. 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. Additionally, in 1953, about 20-percent of all exports and imports came through Red Hook, Brooklyn and Chelsea, New York. 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. News Header: Former Checker Barred From Returning to Waterfront Following She also agreed with New Jersey that states do not easily cede their statutory authority. Despite having once vetoed the measure as unconstitutional, then-Gov. New Jersey politicians say the commission has outlived its usefulness, and in 2018 then-Gov. Roughly $200 billion in cargo moves through the port each year. 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. 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. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. 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. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. The Waterfront Commission was created in response to the significant influence of organized crime at the ports during the 20th century including having power over the International Longshoremen's Association, the union that hires workers at the ports and the prevalence of criminal behavior at the docks, such as cargo theft, gambling and loansharking. New York has yet to take a position in the matter. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. 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. Isnt that an extraordinary thing? he asked. Gov. WebCertified Police Officer - Detective. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets and finances arguing that there can be no takeover without New Yorks consent declined comment. Solicitor General Elizabeth Prelogar chided New York's case in those documents, calling its arguments "internally inconsistent.". 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. Waterfront Commission of New York Harbor (WCNYH) News. WCNYH Background Information Questionnaire. The bill was approved by Gov. Peter Aseltine. 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. [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. June 24, 2019. The primary goals of the compact were to police local organized crime and end corruption at shipping terminals in the two states, ultimately replacing the daily shape-up (in which prospective workers forcibly competed against one another to secure work despite union membership status) with a state-run employment center. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. 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. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. [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. 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. For New Jersey, despite Murphys public statements over whether the Waterfront Commission has outlived its time, the issue for the state remained one of a states sovereign power. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. Justice Samuel Alito questioned her on that point. Others, though, say an even higher stakes battle might be at hand. Community Rules apply to all content you upload or otherwise submit to this site. 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. Kathy Hochul to sue New Jersey. And it keeps going until both states decided to end it, she said. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. "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. 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. Chris Christie signed a law to pull the state out of the commission. The U.S. Supreme Court in November decided it would not hear the case. The commission which includes one member from each state appointed by its governor 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. 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.. 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. Since then, however, New Jerseys efforts to leave have been the focus of a series of a legal fights initially launched by the commission itself, and then by New York Gov. Vale also argued that the bistate nature of the compact was crucial to its function. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). Resource. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. The Jeremy Feigenbaum, a lawyer for New Jersey, argued before the court that the 1953 agreement to create the commission had no language preventing one state from deciding to leave. The Waterfront Commission was formed to weed out organized crime and prevent it from infiltrating commerce and work at the ports in New York and New Jersey. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. 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. The justices spent more time asking Feigenbaum how to craft their opinion in New Jersey's favor than challenging his arguments. Chief Justice John Roberts disagreed, at one point saying it's "hard to unscramble the eggs" of the Port Authority but it's not so "disruptive" to dissolve a much smaller organization such as the Waterfront Commission, whose work is limited to performing background checks and investigations into suspected criminal port activity. We just dont know what the court is going to do., The new beautiful people who love to equate social justice with unconstrained real estate development love to say that everybody could get a great place to live whereever they want if only developers were allowed to build anyplace they wanted to, as tall as they like. Proponents charged that the agency had over-regulated business in an effort to justify its existence. 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. 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 agencys two commissioners and executive staff members were swept out and new leadership has since been installed. Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. Media Inquiries-. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. 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. Paulin said the same logic New Jersey is using to try to wipe away the Waterfront Commission could be used to make things happen that New Jersey might not like for instance, New Yorks unliteral exit from the Port Authority of New York and New Jersey. Gov. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. Your argument is that they surrendered their sovereign authority perpetually. 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.. 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. 2023 Advance Local Media LLC. How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. 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. Citizen Inquiries-. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. 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. ", 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.". Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. Download. 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. 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. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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 commission immediately went to federal court seeking an injunction against the state and Gov. I dont know that we can draw the inference that you want us to draw.. [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 Waterfront Commission declined comment on Monday. Murphy nominated Jennifer Davenport to represent New Jersey on the commission earlier this month and is awaiting Senate confirmation. Kathy Hochul. All rights reserved (About Us). Phil Murphy at Port Newark in December. Justice Elena Kagan reiterated that point. Cookie Settings/Do Not Sell My Personal Information. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. Gov. 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.. Former New Jersey state Sen. Raymond Lesniak, a Democrat who had been the biggest champion of New Jerseys exit from the bi-state agreement, said the Waterfront Commission isnt needed because it was created to solve a problem that it has largely solved. One party cant keep the other on the hook forever, Justice Sonia Sotomayor said. 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 WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. 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. Phil Murphy has announced that New Jersey will withdraw from the commission in three weeks despite letters from the office of New York Gov. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Gov. 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." 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. 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. New Jersey argued that its state police force could take over the commission's work of vetting and licensing union labor. Jackson and other justices seemed skeptical of New Yorks argument in the case. 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. Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely 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. 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. Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. Local journalism needs your support. | Mark Lennihan/AP Photo. Our journalism needs your support. January 18, 2023. 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. Solicitor General, as well some states including Texas, have since sided with New Jersey. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. Community Rules apply to all content you upload or otherwise submit to this site. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. 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. WebWaterfront Commission of New York Harbor (WCNYH) News. Subscribe at nj.com/supporter. 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 WCNYH has its own police division (a.k.a. The issue, as it stands, is whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. 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 All rights reserved (About Us). 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. All rights reserved. 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. Chris Christie signed the bill into law in his final week in office. 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. 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.. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. A year later, the New York State Crime Commission identified forms of labor racketeering, extortion, and union corruption, and issued a report with numerous recommendationsincluding the creation of the Waterfront Commission of New York Harbor. 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. Follow him on Twitter @TedShermanSL. 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). Subscribe at nj.com/supporter. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. 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. They have been particularly incensed by its involvement in the hiring process for dock workers. 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. In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. 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. Gov. 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. Community Rules apply to all content you upload or otherwise submit to this site. 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.". The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. The state says the commission has become an impediment to economic growth.. Its staff of 75 includes police officers, auditors, investigators, and lawyers. January 18, 2023. Marlon Brando in the 1954 motion picture "On the Waterfront." During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the 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. The letter said New Jerseys move cannot go unchecked.. New Jersey lawmakers saw things differently, and instead found organized crimes influence had waned. Hochul to bring a new case last year before the Supreme Court. 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 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.. 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. 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