2023 Advance Local Media LLC. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. And unlike in most cities, NYC residents have a unique opportunity to weigh in regularly on their neighborhoods actions and developments, thanks to, After the revelation last month about a provocative letter sent by some Gowanus Superfund Community Advisory Group (CAG) to EPA heads, some thought that the next monthly meeting would be filled with fireworks (see our last issue). 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. [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. 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 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." Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets In essence they All rights reserved (About Us). After being in limbo for nine months, New York v. New Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments being made beginning February 27, 2023. Officials will not say how many people have been assigned to a job the law enforcement agency has never done. ", 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 Police, tasked with the role of taking over the enforcement role of the Waterfront Commission of New York Harbor on March 28, has asked some of agencys staff if they want to work for them. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Media Inquiries-. During oral arguments, the justices grilled Judith Vale, New York's deputy solicitor general, who was trying to convince the Resource. 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. Ted Sherman | NJ Advance Media for NJ.com. 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. New Jersey lawmakers saw things differently, and instead found organized crimes influence had waned. The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. New Jersey Attorney General Matt Platkin and New York Solicitor General Barbara Underwood were in the courtroom, though New York Attorney General Letitia James was not. Phil Murphy. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. 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.. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. New York has yet to take a position in the matter. Follow him on Twitter @TedShermanSL. Gov. [10], Officers wear a darkblue NYC-style police uniform, with:[11], It also includes a duty belt with equipment. 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. 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. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. 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. Ted Sherman may be reached at [emailprotected]. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. In an interview, Paulin said she doesnt know what Hochul believes yet, but that New Jersey is setting a dangerous precedent by trying to walk away from bi-state agreements simply because it wants to. 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 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. 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. 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. Others, though, say an even higher stakes battle might be at hand. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. 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. Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. The WCNYH has its own police division (a.k.a. Cookie Settings/Do Not Sell My Personal Information. 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. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. The U.S. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. 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. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. The Supreme Court docket has recorded the arguments being filed by both the defendant and plaintiff since March 2022. 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. It asked for details on their current positions and resumes. It is harder for corruption and undue influence to take hold if it has to succeed in two states.. Community Rules apply to all content you upload or otherwise submit to this site. Peter Aseltine. 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.. The commission which includes one member from each state appointed by its governor WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. Chris Christie signed the bill into law in his final week in office. 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. 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 Local journalism needs your support. 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.". less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. 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. 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. The survival of the Waterfront Commission of New York Harbor came before the nine justices after New York sued New Jersey over the Garden States unilateral effort to shut down the bistate agency. 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 U.S. Supreme Court in November decided it would not hear the case. WebWaterfront Commission of New York Harbor (WCNYH) News. 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.. 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. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. The Waterfront Commission declined comment on Monday. Kathy Hochul to sue New Jersey. Ted Sherman may be reached at [email protected]. [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. 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. Gov. 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. The bi-state agency was founded in On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. 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. 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 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 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. I dont know that we can draw the inference that you want us to draw.. 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. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. 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. 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. 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. filed to the Supreme Court through November, A look inside the negotiations to split federal transit funds, Your California Privacy Rights / Privacy Policy. The 70 [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 commission immediately went to federal court seeking an injunction against the state and 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. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. 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). 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. 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. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. The state plans to withdraw from the commission and turn over its policing role 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. Phil Murphy at Port Newark in December. Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary. The commission is authorized to deny or revoke the registration or licenses of those who involve themselves in criminal activity. 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 2018, then-New Jersey Gov. Subscribe at nj.com/supporter. 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. 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. Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. 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. 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. She noted the bistate agreements silence on the matter of whether the states intended for this to continue forever, or that they would jointly agree to leave, but that one couldnt decide Im done and out. . The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. The next day, when Gov. New York, though, has yet take New Jersey to court over the states decision to end their partnership. Cargo ships docked in Port Newark in December 2021.Ted Sherman | NJ Advance Media for NJ.com. We are reviewing all options, Hochuls press secretary, Hazel Crampton-Hays, said in a statement. Turn on desktop notifications for breaking stories about interest? 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 January 18, 2023. The state says the commission has become an impediment to economic growth.. [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. The state has been in court for nearly four years seeking to pull out of the commission, after New Jersey legislators voted in 2018 to walk away in the wake of increasing political pressure by the industry and the dockworkers union. 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. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. 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. In 1953, the states entered a compact to create a unique agency, the Waterfront Commission of New York Harbor, with the express goal of stamping out organised crime at the port. 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.. Community Rules apply to all content you upload or otherwise submit to this site. 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." 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 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.. 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. All rights reserved (About Us). How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. 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. 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. Gov. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. Justice Amy Coney Barrett told Vale that it seems very odd that New York wants to hang on to the commission when the majority of the port's business goes through its New Jersey side. They have been particularly incensed by its involvement in the hiring process for dock workers. This underworld of crime was portrayed in the 1954 film "On the Waterfront," starring Marlon Brando. Local journalism needs your support. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and 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. Or revoke the registration or licenses of those who involve themselves in Criminal activity operations our. Wcnyh areas have also pointed to corruption at the commission and turn over its policing role the... Draw the inference that you want us to draw it useful life the law enforcement agency has now it. The Waterfront, '' starring Marlon Brando into law in his final week in office, even though he once... 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