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). Community Rules apply to all content you upload or otherwise submit to this site. 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. This applies to the appointment of commissioners and the approval of each state of the agencys operating budget. The justices only ruled on whether it would hear the commissions arguments to strike down the action by the governor and the Legislature in New Jersey. Acting Solicitor General Brian H. Fletcher, whose office argues the governments position for the Justice Department in cases before the Supreme Court, acknowledged in his brief last month that New York could still sue New Jersey state officials in federal court over the Waterfront Commission and 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. Follow him on Twitter @TedShermanSL. 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. 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. Ted Sherman | NJ Advance Media for NJ.com. She also agreed with New Jersey that states do not easily cede their statutory authority. 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 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. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. Gov. If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. Phil Murphy. 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. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. [10], Officers wear a darkblue NYC-style police uniform, with:[11], It also includes a duty belt with equipment. 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. The state says the commission has become an impediment to economic growth.. Phil Murphy says he wants New Jersey to pull out of a law enforcement agency formed to fight the Mafia at the ports. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. 2023 Advance Local Media LLC. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. 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. [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. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. 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 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. 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. YouTubes privacy policy is available here and YouTubes terms of service is available here. Download. 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. WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. The U.S. Supreme Court in November decided it would not hear the case. 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 Additionally, in 1953, about 20-percent of all exports and imports came through Red Hook, Brooklyn and Chelsea, New York. 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.. On this Wikipedia the language links are at the top of the page across from the article title. 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. 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. Following release of the report, the large majority of the commission's executive staff were fired, including the New Jersey Commissioner Michael J. Madonna (the New York Commissioner's seat was vacant at the time of the report's release, although the report faulted the actions of the former New York Commissioner, Michael C. Chris Christie signed a law to pull the state out of the commission. 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). Ted Sherman may be reached at tsherman@njadvancemedia.com. 2023 Advance Local Media LLC. Jackson and other justices seemed skeptical of New Yorks argument in the case. Hochul to bring a new case last year before the Supreme Court. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. Cookie Settings/Do Not Sell My Personal Information. The bi-state agency was founded in 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. 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. 609-984-5828. 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.. 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. 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. Thursday, the U.S. Supreme Court temporarily The Waterfront Commission declined comment on Monday. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. Industry officials also maintained that the commission overstated the problem of crime on the docks. 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. 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. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. Justice Samuel Alito questioned her on that point. 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. 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. Those supporters also showered state lawmakers with political contributions over the years. 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. 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. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. 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. 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. In 2018, then-New Jersey Gov. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. Axelrod). 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. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. The Waterfront Commission is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. Follow him on Twitter @TedShermanSL. [19], Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from pact. 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. 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.". 24/7 coverage of breaking news and live events. 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. 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.. 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 The commission added that the agency has worked to break the cycle of corruption on the waterfront by preventing individuals with mob ties from infiltrating the workforce. Gov. State officials have also not even suggested such a move might be under consideration, despite New Jerseys self-imposed deadline for withdrawal now three weeks away. 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 Community Rules apply to all content you upload or otherwise submit to this site. They have been particularly incensed by its involvement in the hiring process for dock workers. January 18, 2023. The The commission regulates hiring and licensing on the waterfront, and continues in its efforts to make made guys scarce on the docks. [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]. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. 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. In 2018, on his last day in office, New Jersey Gov. 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. The U.S. 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. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. 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.. Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. 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. 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. 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. 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. 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. The Waterfront Commission declined to comment. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. 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. 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. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. 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. 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. All rights reserved (About Us). Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely Phil Murphy has announced that New Jersey will withdraw from the commission in three weeks despite letters from the office of New York 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. WebThe Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. The Waterfront Commission filed suit in 2018 shortly after Gov. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. "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. 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. Subscribe at nj.com/supporter. 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. 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. The two states created the Waterfront Commission in 1953 to fight crime and regulate employment at the ports. 2023 Advance Local Media LLC. 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. Officials will not say how many people have been assigned to a job the law enforcement agency has never done. Whether anyone would actually be hired was not promised. 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.. 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. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and Cargo ships docked in Port Newark in December 2021.Ted Sherman | NJ Advance Media for NJ.com. The governor is pleased with the Supreme Courts decision to reject the Waterfront Commissions appeal, the governors spokesperson Michael Zhadanovsky said in a statement Monday. Resource. WCNYH Background Information Questionnaire. 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. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. Its staff of 75 includes police officers, auditors, investigators, and lawyers. Marlon Brando in the 1954 motion picture "On the Waterfront." 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 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. [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. All rights reserved. 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.. 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. And it keeps going until both states decided to end it, she said. 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. 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. The letter said New Jerseys move cannot go unchecked.. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. 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