The mission of the
Waterfront Commission of New York Harbor is to root-out illegal activities and
corruption on the Ports of New Jersey and New York. There is
no dispute that the ports of New Jersey and New York, like all industries have there share of illegal
activities and corruption.
Accordingly, pursuant to
the Waterfront Act every person working as a Longshoreman, Checker or
Maintenance Person is required to possess a Waterfront Pass and these passes are issued by the Waterfront Commission. Accordingly, every Longshoreman, Checker and
Maintenance Man is subject to the jurisdiction of the Waterfront Commission of
New York Harbor. The Waterfront
Commission is a bi-state agency and covers every shipping port in New Jersey and New York.
It is important to
understand that every Longshoreman, Checker or Maintenance Person is subject to
revocation of his or her Waterfront Commission pass for engaging in behavior
which the Waterfront Commission believes in its opinion shows lack of good
character.
Unfortunately, the term
lacking in “good character” is an amorphous word and is subject to numerous
interpretations by the Commission. What
might be bad character in one case might not be bad character in another
case. Of course as with all governmental
agencies, they have in essence the final say in the matter, subject only to
appeal to the Superior Court, Appellate Division, for all Longshoreman living
or working in New
Jersey.
The Commission considers
Longshoreman convicted of a crime or disorderly person’s offenses are person’s
lacking “good character”, and are subject to a revocation hearings, and
permanent loss of his or her waterfront pass.
In these cases the commission will move for an immediate suspension of
the Longshoreman’s pass. In those cases
the Waterfront Commission will file a formal complaint and Administrative Law
Hearing to revoke the waterfront pass.
Well less known, however,
is the fact that the Waterfront Commission of New York Harbor will often seek
termination or suspension of a waterfront pass for Longshoreman not convicted
of a crime or disorderly person’s offense.
Such as Longshoreman entering a conditional discharge program, or Pretrial
Intervention. Amazingly, even if the
charges are dismissed by the prosecutor, or a court or jury finds the
Longshoreman not guilty the Waterfront Commission in some cases continue to
seek revocation of the waterfront pass, if the Waterfront Commission finds
evidence that the Longshoreman lacks good character, through the testimony of
the Longshoreman himself, or from the testimony of others.
Traditional constitutional
protections of the accused and other criminal procedural right protections do
not apply to the Waterfront Commission because the proceedings are civil in
nature and not criminal. Of course the
Longshoreman can always assert his or her Fifth Amendment right to remain silent;
however, asserting the Fifth Amendment before the Waterfront Commission is
unlikely to inure to the benefit of the Longshoreman.
However, because all
Waterfront Commission depositions and sworn, there have been numerous occasion
in which the Waterfront Commission has sought criminal prosecution for false
swearing under oath before the Commission.
Therefore, under the Waterfront rules the Longshoreman is forced to
admit to wrongdoing which will ultimately be used against him or her.
A hearing or deposition
under oath before the Waterfront Commission is a proceeding filed with
mine-fields and trap-doors for the unprepared and un-counseled. If you are called in to give a deposition
under oath or hearing it is essential that you seek the legal advice from a
Waterfront Lawyer who is experienced in this field of practice. Your job and lively-hood might hinge on
picking the right Waterfront Lawyer for your situation. If you are in need of a New Jersey Waterfront
Attorney, before the Waterfront Commission of New York Harbor you are urged to
call the Law Office of Vincent J. Sanzone, Jr.
Law Office of Vincent J. Sanzone, Jr., Esq.
P.O. Box 261
277 North Broad Street
Elizabeth, New Jersey 07207
Office Phone No. (908) 354-7006Cell Phone No. (201) 240-5716
New Jersey Waterfront Commission Lawyer, NJ Longshoreman Attorney, N.J. Waterfront Attorney, New Jersey Waterfront Commission Lawyer, Waterfront Commission of New York Harbor Waterfront Attorney, best Waterfront Attorneys
