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Waterfront Commission of New York Harbor

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The Waterfront Commission of New York Harbor (WCNYH) was a regulatory agency in the Port of New York and New Jersey in the northeast of the United States. 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." 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.

Since 2018 New Jersey had attempted to withdraw from the pact.[1] In 2023, the United States Supreme Court ruled that it could do so, and the commission was dissolved.[2][3]

History

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The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering.[4] The commission was initially created to combat unfair hiring practices on the waterfront in response to the growing number of crimes being committed there.

The Division of Licensing and Employment Information Centers was responsible for screening, registering, and licensing individuals who are interested in working at the dock. The commission was authorized to deny or revoke the registration or licenses of those who involved themselves in criminal activity.

Police Division

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Waterfront Commission of New York Harbor Police
Common nameWaterfront Commission of New York Harbor Police
AbbreviationWCPD
Agency overview
Formed1953
Jurisdictional structure
Operations jurisdictionNew York, New York, U.S.
Legal jurisdictionNew York City
General nature
Operational structure
Peace Officersapprox. 50
Parent agencyWaterfront Commission of New York Harbor
Facilities
Patrol carsPatrol Cars
BoatsPatrol Boat
Website
Official Site

The WCNYH has a law enforcement division (a.k.a. WCPD),[5] who are New york state peace officers. They provided safety and security services at WCNYH areas within new york city.

Operations

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New Jersey Gov. Phil Murphy has argued that the agency, has outlived its usefulness, and that the New Jersey State Police will take over law enforcement operations at New Jersey ports.[6]

The Police Division only operated in Manhattan and Brooklyn.

The Waterfront Commission of New York Harbor cooperated with other law enforcement authorities in pursuing investigations into waterfront-related crimes.

Investigations

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The Waterfront Commission participated in the investigation of criminal activities by the leaders and members of the Gambino crime family and union leaders. Charges of racketeering conspiracy, extortion, theft of union benefits, mail fraud, false statements, loansharking, embezzlement of union funds, money laundering, and illegal gambling, dating back over three decades, were brought forth by the United States District Court for the Eastern District of New York in February 2008 against leaders of the Gambino crime family, their associates, and union officials.[7]

Equipment

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WCPD used marked police patrol cars (such as Ford Explorer[8]), command center vehicles[9] and boats for water work.[10]

WCPD Officers wear a dark blue uniform in the style as other law enforcement in new york city.[11] Identification included the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast.[12]

New York State Inspector General report

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On August 11, 2009, the New York State Inspector General Joseph Fisch issued a report of his two-year investigation of the Waterfront Commission. The report detailed extensive illegal, corrupt and unethical behavior on the part of Waterfront Commission staff. Following release of the report, the large majority of the commission's executive staff were fired, including the New Jersey Commissioner Michael J. Madonna (the New York Commissioner's seat was vacant at the time of the report's release, although the report faulted the actions of the former New York Commissioner, Michael C. Axelrod).[13][14]

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.[15]

New Jersey withdrawal from pact

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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.[16] 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.[17]

Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from the pact.[18][1]

New York v. New Jersey (2023)

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Main article: New York v. New Jersey (2023)
Not to be confused with New Jersey v. New York.
New York v. New Jersey
Supreme Court of the United States
Argued March 1, 2023
Decided April 18, 2023
Full case nameNew York v. New Jersey
Docket no.22-156
Citations598 U.S. ___ (more)
ArgumentOral argument
Holding
As the compact between New Jersey and New York did not specify a withdrawal mechanism, New Jersey may unilaterally withdraw from the WCNYH.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinion
MajorityKavanaugh, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Barrett, Jackson

The Supreme Court 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. In April 2023, the Court ruled unanimously in favor of New Jersey, stating that unilateral withdrawal was permissible as the interstate compact creating the commission did not address withdrawals from it. Because there is no explicit form of withdrawal in the compact, the Court found that default contract law from the time of the compact's creation applied, which allows termination of a contract by either party.[19][20][21]

References

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  1. ^ a b "N.J. officials take a step back in controversial port fight". NJ.com. January 23, 2018. Retrieved January 24, 2018.
  2. ^ Simko-Bednarski, Evan (March 14, 2022). "New York sues New Jersey over withdrawal from waterfront mob watchdog agency". Retrieved April 17, 2024.
  3. ^ McGeehan, Patrick (April 18, 2023). "Supreme Court Says New Jersey Can Break 70-Year Anti-Crime Pact With New York". The New York Times. ISSN 0362-4331. Retrieved February 21, 2024.
  4. ^ "Waterfront Commission disputes lawsuit by union and shippers charging hiring interference". NJ.com. November 24, 2013. Retrieved May 8, 2016.
  5. ^ "Waterfront Commission of New York Harbor – Police".
  6. ^ https://www.insidernj.com/governor-murphy-and-acting-attorney-general-platkin-oppose-new-yorks-last-minute-effort-to-prevent-new-jerseys-withdrawal-from-the-waterfront-commission/
  7. ^ Press Release, United States Attorney's Office – Eastern District of New York, February 7, 2008.
  8. ^ "Waterfront Commission of New York Harbor Police Vehicles, Pier 88, New York City". May 28, 2010.
  9. ^ "Waterfront Commission of New York Harbor Police Command Center, OpSail and Fleet Week 2012, New York City". May 26, 2012.
  10. ^ "Waterfront Commission Police Boat, New York-New Jersey". July 10, 2011.
  11. ^ "Waterfront Commission of New York Harbor Police Command Center, OpSail and Fleet Week 2012, New York City". May 26, 2012.
  12. ^ "Waterfront Commission of New York Harbor Police Command Center, OpSail and Fleet Week 2012, New York City". May 26, 2012.
  13. ^ "Corruption Found at Waterfront Watchdog". The New York Times. August 12, 2009. Retrieved May 8, 2016.
  14. ^ Inspector General's Investigation Report
  15. ^ "Whistleblowers On the Waterfront". The Village Voice. September 15, 2009.
  16. ^ Strunsky, Steve (October 10, 2014). "Bill to dissolve Waterfront Commission approved by N.J. Senate panel". The Star-Ledger. Retrieved October 14, 2014.
  17. ^ Strunsky, Steve. "Christie acts on bill to dissolve the Waterfront Commission", NJ Advance Media for NJ.com, May 4, 2015. Accessed January 16, 2018. "Gov. Chris Christie rejected legislation intended to dissolve the Waterfront Commission of New York Harbor, siding with officials of the agency who insist New Jersey cannot unilaterally undo what the two states and Congress did 62 years ago to rid the docks of organized crime.... Christie, a former U.S. attorney for New Jersey whose office handled organized crime cases, recommended that instead of trying to dissolve the commission, lawmakers instead push for bi-state legislation tailoring the commission's role in the hiring process to prevent excessive interference. 'While I am not unsympathetic to the merits of the bill, I am advised that federal law does not permit one state to unilaterally withdraw from a bi-state compact approved by Congress,' read a statement from Christie accompanying his conditional veto."
  18. ^ Livio, Susan K.; and Johnson, Brent. "Chris Christie's final acts: Bills he made law and killed, from drones to circus animals", NJ Advance Media for NJ.com, January 15, 2018. Accessed January 16, 2018. "Christie agreed to allow New Jersey to withdraw from the Waterfront Commission of New York Harbor, created more than 60 years ago to drive out organized crime. The New Jersey State Police will now handle the duties associated with screening the employees who work on the docks."
  19. ^ "U.S. Supreme Court blocks New Jersey's exit from Waterfront Commission".
  20. ^ "U.S. Supreme Court Stops Efforts to End NY/NJ Waterfront Commission".
  21. ^ Gresko, Jessica. "New Jersey wins Supreme Court dispute against New York". AP News. The Associated Press. Retrieved April 18, 2023.
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