| Mark Lennihan/AP Photo. The justices will decide the case in the coming months. 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. Sponsors charged that the agency had over-regulated business at the port to justify its existence, while engaging in enforcement activities they claimed were hurting the states economic interests. 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 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. January 18, 2023. Community Rules apply to all content you upload or otherwise submit to this site. 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). 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.. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. The Waterfront Commission sued to save itself and, after years tied up in court, the case was turned away in 2021 on issues of standing. 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. 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. And it keeps going until both states decided to end it, she said. 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. After a federal judge struck down the New Jersey law ruling that the governor and the state Legislature could not simply walk away from its agreement with New York the United States Court of Appeals for the Third Circuit reversed the ruling. Citizen Inquiries-. New Jersey obviously thinks it can, New York obviously doesnt think it should be able to. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. New Jersey attempted to withdraw from the pact in 2018.[1]. It asked for details on their current positions and resumes. 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. New York, though, has yet take New Jersey to court over the states decision to end their partnership. Phil Murphy says he wants New Jersey to pull out of a law enforcement agency formed to fight the Mafia at the ports. The commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. 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. Cookie Settings/Do Not Sell My Personal Information. This underworld of crime was portrayed in the 1954 film "On the Waterfront," starring Marlon Brando. 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. Download. One party cant keep the other on the hook forever, Justice Sonia Sotomayor said. 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. 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. Despite having once vetoed the measure as unconstitutional, then-Gov. 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. Vale made a last attempt during her rebuttal to convince the justices of the commission's essential role in the region, saying that as recently as 2006 the compact governing the commission was amended by both states to strengthen the organization's work and therefore the two states should work together to determine the commission's future. [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. She also agreed with New Jersey that states do not easily cede their statutory authority. The state says the commission has become an impediment to economic growth.. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. 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. 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. 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 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. The Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. 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. 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. 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. 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. 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. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. 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. 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. 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. Hochul to bring a new case last year before the Supreme Court. News Header: Former Checker Barred From Returning to Waterfront Following Last week, New Jersey announced it would pull the states representative from the commission of New York Harbor by the end of the month, essentially leaving the agency unable to continue operating lawfully. Follow him on Twitter @TedShermanSL. 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. 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 material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Gov. [2] The commission was initially created to combat unfair hiring practices on the waterfront in response to the growing number of crimes being committed there. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. A long-running battle challenging New Jerseys right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Roughly $200 billion in cargo moves through the port each year. Description. Waterfront Commission of New York Harbor (WCNYH) News. 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. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. 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.. The questionnaires also seemed on some level to be seeking information of just what the commission does and the day-to-day work of its staff. Whether anyone would actually be hired was not promised. Ted Sherman may be reached at tsherman@njadvancemedia.com. 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. 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 Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. 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 U.S. The commission which includes one member from each state appointed by its governor YouTubes privacy policy is available here and YouTubes terms of service is available here. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. Our withdrawal is long overdue, said New If you purchase a product or register for an account through one of the links on our site, we may receive compensation. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. New Jersey Gov. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. 2023 Advance Local Media LLC. 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. The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. But each state, she added, had agreed to give up an element of their sovereign powers in return for the benefits of shared regulation of the waterfront. Local journalism needs your support. [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 commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. ", 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.". Ted Sherman may be reached at tsherman@njadvancemedia.com. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. The letter said New Jerseys move cannot go unchecked.. WCNYH Background Information Questionnaire. June 24, 2019. On this Wikipedia the language links are at the top of the page across from the article title. 2023 Advance Local Media LLC. 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. Ted Sherman | NJ Advance Media for NJ.com. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. 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 influence of organized crime, and vet dockworkers. In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. This applies to the appointment of commissioners and the approval of each state of the agencys operating budget. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. 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. 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. 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 Supreme Court docket has recorded the arguments being filed by both the defendant and plaintiff since March 2022. 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. . YouTubes privacy policy is available here and YouTubes terms of service is available here. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. 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. The courts decision Monday was not unexpected. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. 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.. 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. 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. 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. If either state were to unilaterally withdraw from that agreement, the consequences would be far reaching. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. Those supporters also showered state lawmakers with political contributions over the years. 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. [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 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 regulates hiring and licensing on the waterfront, and continues in its efforts to make made guys scarce on the docks. In 2018, then-New Jersey Gov. The Waterfront Commission declined comment on Monday. 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. In 1950, the U.S. Senate Special Committee to Investigate Crime in Interstate Commerce was created to investigate crime, particularly in the shipping industry, as Senate hearings became increasingly covered by newspapers as well as shown in local theaters to the public. Thursday, the U.S. Supreme Court temporarily The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. Gov. Your argument is that they surrendered their sovereign authority perpetually. 2023 Advance Local Media LLC. 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. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. [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. Follow him on Twitter @TedShermanSL. 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. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. 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. The Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. Phil Murphy reiterated Wednesday that New Jersey would unilaterally leave the bi-state Waterfront Commission of New York Harbor, calling it a completely 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. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. 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. Cookie Settings/Do Not Sell My Personal Information. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. 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. 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. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. 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 WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. 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. How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. 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 two states created the Waterfront Commission in 1953 to fight crime and regulate employment at the ports. We just dont know what the court is going to do., The new beautiful people who love to equate social justice with unconstrained real estate development love to say that everybody could get a great place to live whereever they want if only developers were allowed to build anyplace they wanted to, as tall as they like. 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.. Justice Elena Kagan reiterated that point. Please subscribe today to NJ.com. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. Chris Christie signed a law to pull the state out of the commission. New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. 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. Yes, he said in an interview, there are still some signs of organized crime around the harbor, but hardly to the extent that it was controlling the waterfront and not to any greater extent than organized crime is involved in any other activity in the state of New Jersey.. Cargo ships docked in Port Newark in December 2021.Ted Sherman | NJ Advance Media for NJ.com. Kathy Hochul that New Jersey cannot simply decide on its own to end a nearly 70-year-old compact that led to the joint formation by the two states of the Waterfront Commission in 1953. 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