less than a year after New York sued New Jersey, filed court documents in August that sided, Your California Privacy Rights / Privacy Policy. 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. In essence they 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. Cookie Settings/Do Not Sell My Personal Information. 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. Phil Murphy issued a statement applauding Feigenbaum and the attorneys for an "outstanding" job making the state's case. 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. 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. Additional motions and responses from the two states are expected to be filed to the Supreme Court through November. 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. 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. It argued that New Jersey could not simply decide for itself that it no longer wanted to honor its obligations under a bilateral compact ratified by Congress. New Jersey Gov. 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. Isnt it a kind of weird thing to think that any state gives up its sovereignty forever?. 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. 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.. The bill was approved by Gov. Now, in the era of container shipping, about 80 percent of cargo goes through New Jersey. 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. In laymans terms, New Jersey argues that the Waterfront Commission hinders harbor business and causes labor shortages with a lengthy hiring process. [19], Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from pact. New Jersey wants the Supreme Court to let it out of a commission that has fought mob corruption since 1953. 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. 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. The unraveling of the Waterfront Commission will start now, and its duties will be taken over by the (New Jersey) State Police, he said. As New York admits, there is nothing in the plain text of the compact that expressly limits New Jerseys withdrawal, Feigenbaum said. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and 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. 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. 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. Roughly $200 billion in cargo moves through the port each year. Whether New Jersey police are equipped to handle the job could become a new flashpoint. The courts decision Monday was not unexpected. It asked for details on their current positions and resumes. INTERNAL POSITIONS ONLY. 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 Waterfront Commission filed suit in 2018 shortly after Gov. 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. 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. But New Jersey, in its own filings before the court, argued that the reasons for the commission no longer exist, adding that cargo is now moved in shipping containers, handled by far fewer longshoremen, and that most of the ports operations have shifted to New Jersey. 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. 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. Ultimately, New York took the issue to the Supreme Court, which handles disputes between states. 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). 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. 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. Cookie Settings/Do Not Sell My Personal Information. The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. Colleen Wilson covers the Port Authority and NJ Transit for NorthJersey.com. 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. 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. Phil Murphy. 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. 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. 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 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. 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. 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. All rights reserved. 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. The justices only ruled on whether it would hear the commissions arguments to strike down the action by the governor and the Legislature in New Jersey. Kathy Hochul to sue 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. 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. Hochul to bring a new case last year before the Supreme Court. [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. Media Inquiries-. 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. Phil Murphy was sworn in, the Waterfront Commission sued the governor to stop him from submitting the formal notice needed to leave the commission. Gov. Description. 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. 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. 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. 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. Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court. 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 Labor Department said the commission has been successful in making daily hiring and training fairer on the docks, which has stymied crime there. Judith Vale, representing New York, argued that the agreements silence on unilateral withdrawal made the opposite point. [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]. 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. The commission immediately went to federal court seeking an injunction against the state and Gov. The Port of New York and New Jersey is the largest port complex located on the East Coast of North America. The Waterfront Commission of New York Harbor has since 1953 cracked down on mob activity and unfair hiring practices at the sprawling ports. New York argued that when the compact was written, the states intended to prohibit unilateral termination, not allow it.. At the time the commission was created, about 70 percent of the port's business came through the New York side of the port. 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. The State Police has already become a presence in the port areas in New Jersey in advance of the March withdrawal deadline. 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 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. Vale also argued that the bistate nature of the compact was crucial to its function. filed to the Supreme Court through November, A look inside the negotiations to split federal transit funds, Your California Privacy Rights / Privacy Policy. Peter Aseltine. 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 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. 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. 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. In 1953, New York and New Jersey agreed to each delegate their own licensing and policing powers to the bistate agency. 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. Ted Sherman | NJ Advance Media for NJ.com. 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. Follow him on Twitter @TedShermanSL. 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 is staffed by commission attorneys who are trained in various law enforcement and police investigative techniques. Container ships are docked at the Port of New York and New Jersey in Elizabeth, N.J. (Seth Wenig/AP). January 18, 2023. 2023 Advance Local Media LLC. Jackson challenged Vales argument that because of that silence, both states must agree on the Waterfront Commissions dissolution. Ted Sherman may be reached at [emailprotected]. 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. New Jersey, the justices questioned counsel for New York on whether New Jersey could be held to the 1953 Waterfront Commission Compact indefinitely. 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 regulates hiring and licensing on the waterfront, and continues in its efforts to make made guys scarce on the docks. Gov. New Jersey attempted to withdraw from the pact in 2018.[1]. Chris Christie in his final week in office, even though he had once vetoed it as unconstitutional. [5] The Police Division utilizes numerous vehicles in its vehicle fleet, including marked police cars and trucks. Local journalism needs your support. [10], Officers wear a darkblue NYC-style police uniform, with:[11], It also includes a duty belt with equipment. That territory includes the ports in Newark, Elizabeth, Bayonne, Staten Island and Brooklyn). 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. 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 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." New Jersey argues that was a long time ago and that the agency has now outlived it useful life. 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. Community Rules apply to all content you upload or otherwise submit to this site. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. But 70 years have passed, and the New Jersey Legislature has concluded that the commission now engages in overregulation of business and is ill-equipped to handle 21st century security challenges, Feigenbaum told the justices. Employees were specifically asked: Describe in detail the work required of this position. Solicitor General, as well some states including Texas, have since sided with New Jersey. The letter said New Jerseys move cannot go unchecked.. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast. Its staff of 75 includes police officers, auditors, investigators, and lawyers. Those supporters also showered state lawmakers with political contributions over the years. Whether anyone would actually be hired was not promised. 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. All rights reserved (About Us). The Waterfront Commission was established in 1953 after being passed by both state legislatures of New York and New Jersey and Congress as well as being signed into law by then-President Dwight D. Eisenhower. Industry officials also maintained that the commission overstated the problem of crime on the docks. The justices will decide the case in the coming months. That sets up a three-month transfer period where some of the duties of the commission are assumed by the state. 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. Elena Kagan, who also grew up in New York, was similarly skeptical of the state's argument as was the court's only member from New Jersey, Justice Samuel Alito. We know here that the parties never intended for this to be perpetual, said Justice Sonia Sotomayor. 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 governor has set a March 28 date for the state to take over the enforcement role in the state's ports.NJ Governors Office. 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.. New Jersey began the process of withdrawing from the Waterfront Commission in 2018 as some state lawmakers made the case that the commission 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. 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.. 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 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.. Cargo ships docked in Port Newark.Ted Sherman | NJ Advance Media for NJ.com, 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 on the U.S. Supreme Court on Wednesday, with at least one skeptical justice suggesting that forcing the state to stay would be an extraordinary thing.. Cookie Settings/Do Not Sell My Personal Information. The Southern District said the commission provided invaluable support in investigations of La Cosa Nostra families and racketeering cases involving labor unions. VIDEO: Supreme Court justices question Bidens authority on student loan forgiveness, Do Not Sell or Share My Personal Information. The Waterfront Commission which includes one member from each state appointed by its governor has jurisdiction over all the regions piers and By submitting your email to receive this newsletter, you agree to our. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. Community Rules apply to all content you upload or otherwise submit to this site. Make descriptions so clear that persons unfamiliar with the work can understand exactly what is done.. Download. 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. We want to know if you are interested in transitioning your employment from the current commission to the state of New Jersey, wrote State Police Superintendent Col. Patrick Callahan in a letter sent last week to Waterfront Commission employees. Thursday, the U.S. Supreme Court temporarily Community Rules apply to all content you upload or otherwise submit to this site. Vale pushed back, suggesting the commission, which employs about 70 people, makes it harder for corruption and undue influence to succeed.. The Waterfront Commission was established in the 1950s to fight corruption and crime at the port of New York and New Jersey. Isnt that an extraordinary thing? he asked. All rights reserved (About Us). New Jersey Solicitor General Jeremy Feigenbaum, arguing the case for New Jersey in Washington on Wednesday, said there was nothing in the plain text of the compact that prohibited the state from leaving the Waterfront Commission. 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