Community Rules apply to all content you upload or otherwise submit to this site. 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. Proponents charged that the agency had over-regulated business in an effort to justify its existence. It asked for details on their current positions and resumes. 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 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. 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.. 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. Ted Sherman | NJ Advance Media for NJ.com, unilateral withdrawal from the watchdog agency, has already become a presence in the port areas, pushed back on the states requests for information, ruling that the governor and the state Legislature, cannot simply decide on its own to end a nearly 70-year-old compac, it would no longer pay millions in annual charges. In 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. 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. Kathy Hochul to sue New Jersey. The commission regulates hiring and licensing on the waterfront, and continues in its efforts to make made guys scarce on the docks. 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. 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. Employees were specifically asked: Describe in detail the work required of this position. "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. 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. Subscribe at nj.com/supporter. 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. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. 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. 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. 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. 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. Follow him on Twitter @TedShermanSL. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. 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.. By the 1970s, only about 8.4-percent of all exports and imports were coming through New York due to transformations in the global economy and trade. 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 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. Whether New Jersey police are equipped to handle the job could become a new flashpoint. We look forward to an orderly transition from the Commission to the New Jersey State Police.. 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. 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. 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. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). 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 New Jersey argued that its state police force could take over the commission's work of vetting and licensing union labor. Gov. All rights reserved (About Us). Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. 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. [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. If New York believes that New Jersey has violated the agreement between the two states, it could seek leave to file an original action against New Jersey in this court, he said. [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. 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." 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. [18] In May 2015, Governor Chris Christie conditionally vetoed S-2277 (and the corresponding bill A-3506 passed by the New Jersey General Assembly), citing his concerns that the state lacked the authority to withdraw from the compact and arguing that the solution should be to modify the operations of the commission to minimize interference with waterfront operations. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. New Jersey has the support of the Biden administration, which has told the court that the compact's text suggests either state can withdraw on its own. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. Hochuls counsel has added that the commission remains a major player in the ongoing battle against organized crime and corruption in the ports shared by the two states. 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. The U.S. Supreme Court on Monday handed New Jersey a victory in its effort to abolish the 70-year-old Waterfront Commission, declining to intervene for now The 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. Justice Samuel Alito questioned her on that point. 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 70 Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. Chris Christie, a Republican, signed legislation withdrawing his state from the compact. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. Cookie Settings/Do Not Sell My Personal Information. It is harder for corruption and undue influence to take hold if it has to succeed in two states.. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. Cargo ships docked in Port Newark. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and Ted Sherman | NJ Advance Media for NJ.com. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. 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. 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. 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. Phil Murphy at Port Newark in December. 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. 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 commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. It 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. 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. 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. New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. WCNYH Background Information Questionnaire. 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. 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. The bi-state agency was founded in Gov. The U.S. Supreme Court in November decided it would not hear the case. 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. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. 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. All rights reserved. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. And it keeps going until both states decided to end it, she said. Ted Sherman | NJ Advance Media for NJ.com. Follow him on Twitter @TedShermanSL. YouTubes privacy policy is available here and YouTubes terms of service is available here. If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. 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. The Waterfront Commission filed suit in 2018 shortly after Gov. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. 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. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. 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 Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. Gov. All rights reserved (About Us). Follow him on Twitter @TedShermanSL. 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. 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. Jackson and other justices seemed skeptical of New Yorks argument in the case. The state says the commission has become an impediment to economic growth.. 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 was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. Gov. 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.. Kathy Hochul. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. Ted Sherman may be reached at [emailprotected]. 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. Your argument is that they surrendered their sovereign authority perpetually. 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. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. 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