The Waterfront Commission of New York Harbor (WCNYH) is a regulatory agency in the Port of New York and New Jersey along the Hudson River 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 has attempted to withdraw from the pact.^[1] In 2023, the United States Supreme Court ruled that it could do so.

History

The commission was set up in August 1953 (a year before the movie On the Waterfront) to combat labor racketeering.^[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.

Division of Licensing and Employment Information Centers

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

Police Division

Waterfront Commission of New York Harbor Police
WCPD Patch
Common name	Waterfront Commission of New York Harbor Police
Abbreviation	WCPD
Agency overview
Formed	1953
Jurisdictional structure
Operations jurisdiction	New York, New York & New Jersey, U.S.
Legal jurisdiction	New York and New Jersey
General nature	Local civilian police
Operational structure
Police Officers	approx. 70[3]
Parent agency	Waterfront Commission of New York Harbor
Facilities
Patrol cars	Patrol Cars
Boats	Patrol Boat
Website
Official Site

The WCNYH has its own police division (a.k.a. WCPD),^[4] with state-certified peace officers that provide law enforcement services to the WCNYH areas.

Equipment

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

Officers wear a darkblue NYC-style police uniform, with:^[11]

• Eight-point peaked cap with cap-badge
• Blue shirt
• Blue trousers
• Black boots
• Blue jacket

It also includes a duty belt with equipment. Identification includes the WCPD patch on both sides of the upper garments and a WCPD shield (badge) on the left breast.^[12]

Ranks

Ranks include:^[13]

Title (Rank)	Insignia	Uniform Shirt Color
Sergeant		Dark Blue
Detective[14] or Officer		Dark Blue

New York State Inspector General report

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).^[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.^[17]

New Jersey withdrawal from pact

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.^[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.^[19]

Among his final actions in January 2018 before leaving office, Christie signed legislation allowing the state to withdraw from the pact.^[20][1]

New York v. New Jersey (2023)

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 name	New York v. New Jersey
Docket no.	22-156
Citations	598 U.S. ___ (more)
Argument	Oral 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
Majority	Kavanaugh, 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.^[21][22][23]

References

External links

• Waterfront Commission of New York Harbor home page
• Annual report, The Waterfront Commission of New York Harbor 1994–2003.
• New York Times articles about WCNYH