Pretty much everyone agrees the state of New York does have standing to challenge New Jerseys exit. 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. 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. 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 Waterfront Commission declined comment on Monday. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. 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. 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 material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. So, there has been tension over the past couple of decades about whether the Waterfront Commission should still exist in its current form or whether it should exist at all.. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. At another point, however, Roberts distinguished the Port Authority from the Waterfront Commission, which he called a "very important but relatively small enterprise dealing with a particular problem. Roberts suggested to Judith Vale, who was arguing on behalf of New York, that it would be not that disruptive for New Jersey to withdraw. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. 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. The agencys two commissioners and executive staff members were swept out and new leadership has since been installed. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. The U.S. 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.". 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. 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 Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission was no longer necessary to police the ports and instead the New Jersey state police could take over that work, particularly with 80% of port activity taking place in New Jersey. Roughly $200 billion in cargo moves through the port each year. Murphy nominated Jennifer Davenport to represent New Jersey on the commission earlier this month and is awaiting Senate confirmation. Thursday, the U.S. Supreme Court temporarily If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). Gov. 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. Citizen Inquiries-. This underworld of crime was portrayed in the 1954 film "On the Waterfront," starring Marlon Brando. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. New Jersey set in motion its intent to end its agreement with New York after legislators amid political pressure from the New York Shipping Association and the International Longshoremans Association voted in 2018 to withdraw from the commission. It remains to be seen whether New York the other side of the long-standing waterfront partnership will stand by and allow a unilateral withdrawal. The Waterfront Commission declined to comment. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. 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. Gov. The Waterfront Commission filed suit in 2018 shortly after Gov. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. 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. 2023 Advance Local Media LLC. The justices spent more time asking Feigenbaum how to craft their opinion in New Jersey's favor than challenging his arguments. Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. January 18, 2023. Jackson and other justices seemed skeptical of New Yorks argument in the case. But while the high courts action ends the commissions efforts to stop New Jersey, that may not be the end of the battle. Phil Murphy at Port Newark in December. [19], Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from pact. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. She also agreed with New Jersey that states do not easily cede their statutory authority. The Waterfront Commission is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. 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." 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. Community Rules apply to all content you upload or otherwise submit to this site. Vale responded that commerce from the joint ports of New York Harbor remained a huge driver of the states economy and that New York itself still has sovereign interests in the marine terminals operated by the Port Authority of New York and New Jersey located in New Jersey. 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. The unraveling of the Waterfront Commission will start now, and its duties will be taken over by the (New Jersey) State Police, he said. Gov. 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. 2023 Advance Local Media LLC. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. 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. The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering. 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. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. The state plans to withdraw from the commission and turn over its policing role to the New Jersey State Police. 2023 Advance Local Media LLC. The primary goals of the compact were to police local organized crime and end corruption at shipping terminals in the two states, ultimately replacing the daily shape-up (in which prospective workers forcibly competed against one another to secure work despite union membership status) with a state-run employment center. It is set up differently from other interstate agreements including the Port Authority of New York and New Jersey, which was created in 1921. Theres this whole sort of structure to deal with political conflicts, [how] to avoid them, and [how to] reach compromises, and that doesnt exist right now at the Waterfront Commission, said Ry Rivard, a reporter who covers energy, the environment, and transportation in New Jersey for POLITICO, during the webinar. 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. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. 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. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. 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. I dont know that we can draw the inference that you want us to draw.. On this Wikipedia the language links are at the top of the page across from the article title. [6][7], WCPD uses marked police patrol cars (such as Ford Explorer[8]), command centre vehicles[9] and boats for water work. The governor has set a March 28 date for the state to take over the enforcement role in the state's ports.NJ Governors Office. The 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. Gov. New York has yet to take a position in the matter. The commission which includes one member from each state appointed by its governor New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. News Header: Former Checker Barred From Returning to Waterfront Following 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 Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. The decision Monday means the high court declined to hear the commissions appeal in a lawsuit arguing that New Jersey could not unilaterally walk away from the federally approved interstate compact that established the agency. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue 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. Those supporters also showered state lawmakers with political contributions over the years. Gov. 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 This applies to the appointment of commissioners and the approval of each state of the agencys operating budget. Axelrod). New Jersey Gov. All rights reserved. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit 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 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.. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. 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. Its staff of 75 includes police officers, auditors, investigators, and lawyers. YouTubes privacy policy is available here and YouTubes terms of service is available here. In 2018, then-New Jersey Gov. Phil Murphy. Cookie Settings/Do Not Sell My Personal Information. WCNYH Background Information Questionnaire. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. 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 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. 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. Resource. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Your argument is that they surrendered their sovereign authority perpetually. 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. 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. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. Our journalism needs your support. Local journalism needs your support. | Mark Lennihan/AP Photo. 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. 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. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. Washington, D.C. U.S. Supreme Court justices spent nearly an hour poking holes in the points made by a lawyer representing New York during oral arguments Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. 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. 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. 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. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. 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. 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. The commission added that the agency has worked to break the cycle of corruption on the waterfront by preventing individuals with mob ties from infiltrating the workforce. Since then, however, New Jerseys efforts to leave have been the focus of a series of a legal fights initially launched by the commission itself, and then by New York Gov. Justice Samuel Alito questioned her on that point. 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 On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. Cookie Settings/Do Not Sell My Personal Information. Phil Murphy says he wants New Jersey to pull out of a law enforcement agency formed to fight the Mafia at the ports. Waterfront Commission officials, who have pushed back on the states requests for information regarding the agencys operations, including its records, assets Paulin said the same logic New Jersey is using to try to wipe away the Waterfront Commission could be used to make things happen that New Jersey might not like for instance, New Yorks unliteral exit from the Port Authority of New York and New Jersey. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. Ted Sherman | NJ Advance Media for NJ.com. INTERNAL POSITIONS ONLY. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. The Port of New York and New Jersey is the largest port complex located on the East Coast of North America. 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. 2023 www.northjersey.com. 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 Jerseyalso known as the New York-New Jersey Waterfront Commission casewill soon be litigated in the U.S. Supreme Court, with oral arguments All rights reserved (About Us). Community Rules apply to all content you upload or otherwise submit to this site. 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. Ted Sherman may be reached at tsherman@njadvancemedia.com. 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. 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. The Police Division operates in Manhattan and Brooklyn and has three offices, two in NY: The Waterfront Commission of New York Harbor cooperates with various state, federal, and local law enforcement authorities in pursuing investigations into waterfront-related crimes. Only stands as a roadblock to hiring and operations at our ports percent of cargo goes through Jersey! 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