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. Vale also argued that the bistate nature of the compact was crucial to its function. 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. 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. State officials have also not even suggested such a move might be under consideration, despite New Jerseys self-imposed deadline for withdrawal now three weeks away. 2023 Advance Local Media LLC. The bi-state agency was founded in 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. Ted Sherman | NJ Advance Media for NJ.com. In 2018, on his last day in office, New Jersey Gov. 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 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. It also argues that the industry today is not what it was in the 1950s and that this particular type of regulator (the compact) is not warranted. The bill was approved by Gov. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. Cargo ships docked in Port Newark. News Header: Former Checker Barred From Returning to Waterfront Following Findings That Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. 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. 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. The bridge is now safer, more inviting to cross and, The Bunker Giorno Foundation, by Blake Sandberg, Column: NYC apartments were never really affordable, by George Fiala, Yes Virginia, there is (still) a Community Board, by Katherine Rivard, Public Place battle tamped down by EPA scientist, by George Fiala, Hamilton Avenue footbridge gets an upgrade, by Nathan Weiser, Under capitalism, there are ways to beat inflation, by Brian Abate and George Fiala, When people from all walks of life need help, by George Bellows, Quinn on Books: The Dairy Restaurant by Ben Katchor, Getting the real stuff during the pandemic, by Michael Fiorito. All rights reserved. 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. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and On Monday, the nations high court declined to hear an appeal of a lower court ruling that sided with New Jerseys argument that the commission didnt have standing to sue the state. [15][16], The report's existence was due, in part, to two whistleblowers, Kevin McGown and Brian Smith, who both resigned and have since filed a discrimination complaint against the agency. One party cant keep the other on the hook forever, Justice Sonia Sotomayor said. Whether anyone would actually be hired was not promised. 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 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. Noting that most of the port activities are now based in New Jersey, they claimed the Waterfront Commission had also hurt the states economic interests. 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. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. 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." Ted Sherman | NJ Advance Media for NJ.com. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. January 18, 2023. 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. On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. 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. Ten students, along with Council member Alexa Aviles and Principal Priscilla Figueroa celebrated the completion of the renovation with a ribbon cutting. On this Wikipedia the language links are at the top of the page across from the article title. 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. 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. Some justices also seemed particularly persuaded by New Jersey's assertion that the commission was always intended to be temporary. 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. 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. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. New Jersey argues that was a long time ago and that the agency has now outlived it useful life. The letter said New Jerseys move cannot go unchecked.. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. 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. 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. 2023 Advance Local Media LLC. 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). New Jersey attempted to withdraw from the pact in 2018.[1]. filed to the Supreme Court through November, A look inside the negotiations to split federal transit funds, Your California Privacy Rights / Privacy Policy. All rights reserved (About Us). Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. She also agreed with New Jersey that states do not easily cede their statutory authority. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. 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.. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. The U.S. Supreme Court in November decided it would not hear the case. 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. 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. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. 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. a lower court ruling that sided with New Jerseys argument. 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. Supporters of that plan including the shipping industry and the union representing port workers said the commission now makes doing things unnecessarily cumbersome and plodding. 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 two states created the Waterfront Commission in 1953 to fight crime and regulate employment at the ports. Granting a motion by New York to stop the state from terminating the nearly 70-year-old compact ratified by Congress that created the Waterfront Commission, the high court in a brief written order also declared that the state could not simply walk away from its responsibilities to fund the commission. Whether a New York-New Jersey mob-busting law enforcement agency should sleep with the fishes was the subject of arguments Wednesday before the U.S. Supreme Court. Cookie Settings/Do Not Sell My Personal Information. 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." If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. 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. The commission immediately went to federal court seeking an injunction against the state and Gov. Roughly $200 billion in cargo moves through the port each year. 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. WCNYH Background Information Questionnaire. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. We look forward to an orderly transition from the Commission to the New Jersey State Police.. 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.". 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. The Division of Licensing and Employment Information Centers is responsible for screening, registering, and licensing individuals who are interested in working at the dock. Michael Murphy, the New Jersey representative on the commission whom Christie appointed, said that full divorce could happen early next year. Jackson and other justices seemed skeptical of New Yorks argument in the case. 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. 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