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Employees were specifically asked: Describe in detail the work required of this position. The Waterfront Commission declined comment on Monday. 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 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 Court has given the attorneys for New Jersey's Governor until January 7, 2021, to file their response. a lower court ruling that sided with New Jerseys argument. 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. 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. Cargo ships docked in Port Newark in December 2021.Ted Sherman | NJ Advance Media for NJ.com. 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. 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. 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. Community Rules apply to all content you upload or otherwise submit to this site. The Supreme Court docket has recorded the arguments being filed by both the defendant and plaintiff since March 2022. Axelrod). Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. The U.S. 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. [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. 2023 Advance Local Media LLC. 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.. 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. 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.". New Yorkand the Waterfront Commission itselfbelieves that, without the compact, the industry could go backwards to what it once was. 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. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. 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. 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. 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. New York, though, has yet take New Jersey to court over the states decision to end their partnership. 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. They have been particularly incensed by its involvement in the hiring process for dock workers. The letter included Civil Service classification questionnaires to anyone seeking to transfer onto the New Jersey payroll as employees of the State Police. 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. It certifies that those hired on the waterfront are not tied to organized crime and are otherwise fit to work in the shipping trade. 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 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 in whether the state can leave the bi-state agency tasked with keeping the ports around New York Harbor free of organized crime. 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. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and Only a city with such dense neighborhoods and opinionated residents could possibly give rise to so many hyper-local, active resident groups. 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. Gov. 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. WebWaterfront Commission of New York Harbor - Police News January 4, 2023 News Header: Warehouseman Application Denied Based on Felony Conviction, Fraud, Deceit Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. The Waterfront Commission sued New Jersey over the law but its case was tossed when a federal appeals court ruled in 2021 that only New York could sue to stop the Garden States withdrawal. Gov. Some bi-state agencies outlive their usefulness, and this is one of them, Murphy said. Six Men Sentenced for Roles in Illegal Loansharking, Check Cashing, Gambling & Money Laundering Schemes Linked to Genovese Crime Family. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. The justices will decide the case in the coming months. The justices spent more time asking Feigenbaum how to craft their opinion in New Jersey's favor than challenging his arguments. 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. WCPD),[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas. I dont know that we can draw the inference that you want us to draw.. 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. Justice Elena Kagan reiterated that point. The Staten Island Ferry crosses New York Harbor past the Manhattan skyline. It is harder for corruption and undue influence to take hold if it has to succeed in two states.. 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. The 70 On December 8, 2020, the Waterfront Commission attorneys filed their petition for a Writ of Certiorari in the Supreme Court. 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. 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. Kathy Hochul. 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. . Download. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. 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. The courts decision Monday was not unexpected. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. If not, that would open the door to an ongoing fight should New York go to court to seek an injunction. 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 commission is authorized to deny or revoke the registration or licenses of those who involve themselves in criminal activity. 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. And it keeps going until both states decided to end it, she said. 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. Jackson and other justices seemed skeptical of New Yorks argument in the case. Several justices leaned back in their chairs as they listened to Vale's final arguments, but none followed up with questions. 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. 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 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 WCNYH has its own police division (a.k.a. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). WebCertified Police Officer - Detective. Ted Sherman may be reached at [emailprotected]. 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. 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. The Peter Aseltine. 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. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). January 18, 2023. Phil Murphy wants to use the State Police take up the responsibilities of the commission, including the vetting and licensing of dockworkers. The commission was created in 1953 when organized crime had infiltrated the port and was demanding payments from workers and shippers through extortion and violence. 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. 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. Rather, the justices were most interested in the sovereign powers of states involved in a bi-state commission, and the minutiae of contract and compact law used to create the commission. New York has yet to take a position in the matter. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. WebThey claim the Waterfront Commission has run for many years without accountability and transparency about the use of public funds. Phil Murphy. 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. I guess what Im trying to push back on is that, if the reason they were silent was not because they thought this was in an agreement for all times, but because they were worried about signaling to the mob bosses that they would be leaving, Jackson said. 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. 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 Isnt that an extraordinary thing? he asked. 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. Murphy nominated Jennifer Davenport to represent New Jersey on the commission earlier this month and is awaiting Senate confirmation. State Sen. Joseph Cryan wants New Jersey to sever ties with the Waterfront Commission of New York Harbor, an law enforcement agency that has been credited with breaking up La Cosa Nostra organized crime groups, associates of which have financially supported the lawmakers political campaigns. 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. All rights reserved. All rights reserved (About Us). 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. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Proponents charged that the agency had over-regulated business in an effort to justify its existence. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. 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. 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 commission immediately went to federal court seeking an injunction against the state and Gov. 2023 Advance Local Media LLC. 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. 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. The bill was approved by Gov. 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.. 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. 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. 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, 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. All rights reserved (About Us). 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. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. Roughly $200 billion in cargo moves through the port each year. 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. 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. 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. less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. 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 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 material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. WebThe Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in Port of New York and New Jersey in the United States. A year later, the New York State Crime Commission identified forms of labor racketeering, extortion, and union corruption, and issued a report with numerous recommendationsincluding the creation of the Waterfront Commission of New York Harbor. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor, who grew up in New York. 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. Get updates on the coronavirus pandemic and other news as it happens with our free breaking news email alerts. WCNYH Background Information Questionnaire. 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. 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 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." The 3rd Circuit Court of Appeals decision, which now stands, found that the commission doesnt have standing to sue New Jersey. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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 New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. 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. 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. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. 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. New Jersey, however, has sought for more than five years to kill the Waterfront Commission, calling the agency a vestige of a past. 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. 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. 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. 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 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 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. Whether anyone would actually be hired was not promised. 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. 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. Resource. Ted Sherman may be reached at tsherman@njadvancemedia.com. Vale also argued that the bistate nature of the compact was crucial to its function. 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." The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. 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. Gov. 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. 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. 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 commission's formation followed by several decades the creation of the vastly bigger Port Authority of New York and New Jersey, which oversees transportation infrastructure in the region. Judith Vale, New York's deputy solicitor general, tried to convince the court that New Jersey's departure from the 70-year-old commission would "upset and destabilize" the region. 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. Ted Sherman may be reached at tsherman@njadvancemedia.com. Its staff of 75 includes police officers, auditors, investigators, and lawyers. 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. 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 New Jersey argued that its state police force could take over the commission's work of vetting and licensing union labor. Others, though, say an even higher stakes battle might be at hand. WebWaterfront Commission of New York Harbor (WCNYH) News. In 2018, then-New Jersey Gov. YouTubes privacy policy is available here and YouTubes terms of service is available here. Our site, we may receive compensation up its sovereignty forever? our free breaking news alerts... 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