All rights reserved. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit Cookie Settings/Do Not Sell My Personal Information. The commission, which approves and denies those seeking port jobs like longshoreman, includes representation from both states. The courts decision Monday was not unexpected. 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.". [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 governor is pleased with the Supreme Courts decision to reject the Waterfront Commissions appeal, the governors spokesperson Michael Zhadanovsky said in a statement Monday. Cookie Settings/Do Not Sell My Personal Information. 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 officials, continuing to press forward on a unilateral withdrawal from the watchdog agency that oversees the regions major ports, suggested there could be job offers on the table for those currently working for the bi-state commission. 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. In essence they 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. 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. 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 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.. Phil Murphy has announced that New Jersey will withdraw from the commission in three weeks despite letters from the office of New York Gov. 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. Chris Christie signed the bill into law in his final week in 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. 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. Follow him on Twitter @TedShermanSL. 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. 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.. 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. 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. 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. Others, though, say an even higher stakes battle might be at hand. This underworld of crime was portrayed in the 1954 film "On the Waterfront," starring Marlon Brando. 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. To put the workforce into context, about 40,000 to 50,000 workers were showing up at the docks in 1953 and about 8,000 registered workers were showing up by 1980, according to Catapano. The 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. 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. Our withdrawal is long overdue, said New 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 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. 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. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and 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. 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. New Jersey politicians say the commission has outlived its usefulness, and in 2018 then-Gov. 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. It is harder for corruption and undue influence to take hold if it has to succeed in two states.. 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. 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. Washington, D.C. U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Ted Sherman may be reached at tsherman@njadvancemedia.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 Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. Local journalism needs your support. The 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. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. 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 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. Community Rules apply to all content you upload or otherwise submit to this site. Axelrod). Justice Elena Kagan reiterated that point. 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. [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]. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. The language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. 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. Subscribe at nj.com/supporter. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. Ted Sherman | NJ Advance Media for NJ.com. 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. The bi-state agency was founded in 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. January 18, 2023. Community Rules apply to all content you upload or otherwise submit to this site. 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. Ted Sherman | NJ Advance Media for NJ.com. 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. Citizen Inquiries-. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. Cargo ships docked in Port Newark. The governor has set a March 28 date for the state to take over the enforcement role in the state's ports.NJ Governors Office. 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 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. Community Rules apply to all content you upload or otherwise submit to this site. On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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.. Resource. New York, though, has yet take New Jersey to court over the states decision to end their partnership. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. 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. 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. 2023 Advance Local Media LLC. Despite having once vetoed the measure as unconstitutional, then-Gov. 2023 Advance Local Media LLC. And it keeps going until both states decided to end it, she said. The justices spent more time asking Feigenbaum how to craft their opinion in New Jersey's favor than challenging his arguments. 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 YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. 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. 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. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. Community Rules apply to all content you upload or otherwise submit to this site. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. 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." 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. 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. 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). Hochul to bring a new case last year before the Supreme Court. New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. The two states also are joined together through the Port Authority of New York and New Jersey, a far larger agency that serves as a massive economic engine, operates the airports, bridges, tunnels and seaports spanning the metropolitan area. [19], Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from pact. 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. Gov. Whatever kinds of regulations, of course, that wed have today would have to reflect the kind of new reality of labor and commerce on the ports, which are significantly different from the 1950s, said Peter Catapano, history professor at City Tech, on Dec. 9 during the Brooklyn Waterfront Research Centers breakfast talk webinar, titled What is the New York-New Jersey Waterfront CommissionAnd Do We Still Need It? The three-person panel discussed, in part, the origins of the Waterfront Commission, its legacy, and the debate over whether the Commission should continue. The WCNYH has its own police division (a.k.a. The commission immediately went to federal court seeking an injunction against the state and Gov. Gov. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. Its staff of 75 includes police officers, auditors, investigators, and lawyers. The commission regulates hiring and licensing on the waterfront, and continues in its efforts to make made guys scarce on the docks. "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. 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. WebCertified Police Officer - Detective. 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. 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 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. In 2018, then-New Jersey Gov. 2023 Advance Local Media LLC. 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. Chris Christie, a Republican, signed legislation withdrawing his state from the compact. 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.. 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 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. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. 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. 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. Gov. YouTubes privacy policy is available here and YouTubes terms of service is available here. Turn on desktop notifications for breaking stories about interest? We look forward to an orderly transition from the Commission to the New Jersey State Police.. 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. Gov. Solicitor General, as well some states including Texas, have since sided with New Jersey. I dont know that we can draw the inference that you want us to draw.. This applies to the appointment of commissioners and the approval of each state of the agencys operating budget. The U.S. While New Jersey has sought to unilaterally withdraw from the decades-old bi-state agreement and, in turn, the commission of New York Harbor due to outdatedness, New York argues the exit would be in violation of the Compacts Clause of the Constitution. The commission is authorized to deny or revoke the registration or licenses of those who involve themselves in criminal activity. Gov. 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. Ted Sherman | NJ Advance Media for NJ.com, did not have the authority to file a petition, ruling that the governor and the state Legislature. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. The next day, when Gov. 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. Whether anyone would actually be hired was not promised. 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. 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. It asked for details on their current positions and resumes. 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. 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. All rights reserved (About Us). 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, 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. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission was no longer necessary to police the ports and instead the New Jersey state police could take over that work, particularly with 80% of port activity taking place in New Jersey. Marlon Brando in the 1954 motion picture "On the Waterfront." Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. 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 Samuel Alito questioned her on that point. ", 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.". The state says the commission has become an impediment to economic growth.. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. Kathy Hochul. 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. [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. The Waterfront Commission of New York Harbor was created to address racketeering and unfair hiring practices at the jointly run Port of New York and New Jersey. 24/7 coverage of breaking news and live events. Description. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. 609-984-5828. 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. 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