The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and 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 The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. 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 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 language of the compact creating the commission does not specifically address whether either state can decide on its own to withdraw. 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. Subscribe at nj.com/supporter. [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. When they entered the waterfront compact, the two states together, because of their shared port, they faced a really tremendous problem of crime and corruption at the shared port that the Port Authority was not prepared to deal with, she said. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. They have been particularly incensed by its involvement in the hiring process for dock workers. 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. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. WCNYH Background Information Questionnaire. 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.. 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. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the January 18, 2023. 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.. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. New York, though, has yet take New Jersey to court over the states decision to end their partnership. Description. YouTubes privacy policy is available here and YouTubes terms of service is available here. [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 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. Cargo ships docked in Port Newark. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. All rights reserved (About Us). 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. 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 Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. 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. 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. 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. Vale also argued that the bistate nature of the compact was crucial to its function. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. The commission which includes one member from each state appointed by its governor Follow him on Twitter @TedShermanSL. Our journalism needs your support. 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. 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. In separate letters sent to the U.S. Department of Justice this summer and obtained by POLITICO, the FBI, Department of Labor and U.S. Attorney for the Southern District of New York also all argued the Waterfront Commissions role remains vital. 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. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. The Waterfront Commission declined comment on Monday. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. Justice Elena Kagan reiterated that point. Community Rules apply to all content you upload or otherwise submit to this site. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets Proponents charged that the agency had over-regulated business in an effort to justify its existence. 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 WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. WebCertified Police Officer - Detective. The state says the commission has become an impediment to economic growth.. 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 Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. 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. 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 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. 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. Resource. The courts decision Monday was not unexpected. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. 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 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. Media Inquiries-. Hochul to bring a new case last year before the Supreme Court. 2023 Advance Local Media LLC. 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 Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. 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. WebWaterfront Commission of New York Harbor (WCNYH) News. 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 lawmakers saw things differently, and instead found organized crimes influence had waned. All rights reserved (About Us). 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. Despite having once vetoed the measure as unconstitutional, then-Gov. 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 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. 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. 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. Your argument is that they surrendered their sovereign authority perpetually. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. 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 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. 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. 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. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. Ted Sherman | NJ Advance Media for NJ.com. 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. Please subscribe today to NJ.com. Cookie Settings/Do Not Sell My Personal Information. But New Jersey argued, among other things, that "mere silence as to withdrawal gives one State no basis to hold another hostage to a compact forever." 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." 2023 Advance Local Media LLC. 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. 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. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. 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. Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely 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. Whether anyone would actually be hired was not promised. News Header: Former Checker Barred From Returning to Waterfront Following New York then entered the conversation, arguing that workers move back and forth between the two states ports and that it makes sense to keep the current compact intact. Phil Murphy. 2023 Advance Local Media LLC. Gov. The next day, when Gov. Chris Christie signed a law to pull the state out of the commission. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. 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. a lower court ruling that sided with New Jerseys argument. It argued that New Jersey could not simply decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. In 2018, then-New Jersey Gov. Others, though, say an even higher stakes battle might be at hand. 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. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. Kathy Hochul. 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