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. 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. 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. Those supporters also showered state lawmakers with political contributions over the years. January 18, 2023. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. That fight, if it comes, will almost certainly put more focus on the role of organized crime on the New York and New Jersey waterfront, which was the reason the commission was created in the first place. Follow him on Twitter @TedShermanSL. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. 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.. Ted Sherman may be reached at tsherman@njadvancemedia.com. INTERNAL POSITIONS ONLY. Subscribe at nj.com/supporter. The Waterfront Commission is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. The commission has long outlived its original mission and, today, only stands as a roadblock to hiring and operations at our ports. Employees were specifically asked: Describe in detail the work required of this position. 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. Turn on desktop notifications for breaking stories about interest? 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. 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. 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). 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 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. 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. However, Chief Engineer Christos Tsiamis, who has been providing updates to the project almost every month for the past dozen years, diffused all, After advocacy from PS 676 students started three years ago, the new and improved Hamilton Avenue footbridge opened with a ribbon cutting on a rainy day in January. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. The US Supreme Court seemed likely to say that New Jersey can walk away from an interstate agreement over the objection of its neighbor New York. It 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. Chris Christie signed a law to pull the state out of the commission. The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. Murphy, following the oral arguments, said he was optimistic that New Jersey would prevail in the case and will finally be allowed to reclaim authority over its ports with a regulatory structure more suited for the 21st century.. 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. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. 2023 Advance Local Media LLC. Solicitor General, as well some states including Texas, have since sided with New Jersey. Ted Sherman may be reached at tsherman@njadvancemedia.com. Proponents charged that the agency had over-regulated business in an effort to justify its existence. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. Indicted in Operation Fistful by Division of Criminal Justice & Waterfront Commission. 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. Just as it was 70 years ago, the Waterfront Commission remains structured with one commissioner from New York and one commissioner from New Jersey. Paulins letter to Hochul seems to question the polices readiness by noting the commissions decades of institutional knowledge that cannot be replaced by another agency.. New York, though, has yet take New Jersey to court over the states decision to end their partnership. We look forward to an orderly transition from the Commission to the New Jersey State Police.. Cargo ships docked in Port Newark. WebWaterfront Commission of New York Harbor (WCNYH) News. 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. The 70 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. . WebCertified Police Officer - Detective. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary. On this Wikipedia the language links are at the top of the page across from the article title. The Waterfront Commission of New York Harbor was created to address of racketeering and unfair hiring practices at the jointly-run Port of New York and New 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 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. 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. 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. It asked for details on their current positions and resumes. 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. 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. 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. Cookie Settings/Do Not Sell My Personal Information. Cookie Settings/Do Not Sell My Personal Information. 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. Other justices on the court focused on whether the 70-year-old agreement that created the bi-state agency to fight corruption and mob influence on the regions docks had ever been intended to be permanent. 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. How NJ lost $850M to NY:A look inside the negotiations to split federal transit funds. 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.. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Following World War II, national attention was primarily drawn towards the existence of organized crime and its influence down at the docks thanks to The New York Suns Macolm Johnson and his 24-article series, Crime on the Waterfront (which was published in 1948, won a Pulitzer Prize for local reporting in 1949, and inspired the film adaptation, On the Waterfront, that was released in 1954). All rights reserved (About Us). 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 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 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. 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 WCNYH has its own police division (a.k.a. 2023 www.northjersey.com. 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). [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. 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. The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. Follow him on Twitter @TedShermanSL. Chris Christie signed a bill allowing the state to pull out of the compact, charging the state lacks the authority to withdraw unilaterally. 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. Peter Aseltine. New Jersey has the support of the Biden administration, which has told the court that the compact's text suggests either state can withdraw on its own. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. On Monday, the chair of the New York Assemblys Committee on Corporations, Authorities and Commissions, Amy Paulin (D-Westchester), sent a letter urging Gov. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. Chris Christie signed the bill in his final week in office, though once vetoing it as unconstitutional, and the commission fought the states action through the federal courts. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. For unlimited access to her work covering the regions transportation systems and how they affect your commute,please subscribe or activate your digital account today. Our journalism needs your support. The Waterfront Commission, which has jurisdiction over the region's ports and marine terminals, would shut down unless New York goes to court.Star-Ledger file photo. 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. 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 Waterfront Commission was created in response to the significant influence of organized crime at the ports during the 20th century including having power over the International Longshoremen's Association, the union that hires workers at the ports and the prevalence of criminal behavior at the docks, such as cargo theft, gambling and loansharking. 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. 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. It has argued that its agreement with New York no longer makes sense in an age that brought game-changing mechanization to all the ports, ultimately relocating most activity on the waterfront almost entirely to New Jersey. 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. [The states] would understand that when you do a compact, and you dont say anything express about termination, that you are sticking together until you jointly decide to end it, she said in response to questioning by Chief Justice John Roberts. If 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 has wide jurisdiction over the regions piers and terminals, including the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn. 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. WebThe Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. 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. Axelrod). 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. WCNYH Background Information Questionnaire. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. 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. 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. The Waterfront Commission was formed to weed out organized crime and prevent it from infiltrating commerce and work at the ports in New York and New Jersey. 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. 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.". 2023 Advance Local Media LLC. Kathy Hochul to sue New Jersey. Phil Murphy. Waterfront Commission of New York Harbor (WCNYH) News. 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. Local journalism needs your support. 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. In 2018, then-New Jersey Gov. WASHINGTON -- The Supreme Court seemed ready Wednesday to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat the mob's influence at their joint port. Officials will not say how many people have been assigned to a job the law enforcement agency has never done. 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. On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). 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.. Community Rules apply to all content you upload or otherwise submit to this site. Vale also argued that the bistate nature of the compact was crucial to its function. The commission which includes one member from each state appointed by its governor The commission, which approves and denies those seeking port jobs like longshoreman, includes representation from both states. Whether anyone would actually be hired was not promised. All rights reserved. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. 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