Letter: Harassment by Middletown Committee

At the March 17, 2014 Middletown Township Committee meeting, I was treated rudely by two of the people on the dais.

These committee people appeared not to be listening to speakers at the public hearing until I began. Then, they "pounced like vicious animals," as a citizen noted.
(Go to the videotape to see, at minutes 20:12 and 1:41.)
http://m.youtube.com/watch?feature=youtu.be&v=R_3tNaa5VjM

I urge the committee members to adhere to the following guidelines for civility when addressing a public speaker from the dias:

"Separate people from the problem:
Personal attacks or questioning people's motives or character rarely moves the conversation forward to a solution of a problem... Anything that approaches name-calling should be off limits.

Be compassionate:
Eye-rolling and grimacing can be nonverbal forms of heckling and also have no place in communities that value mutual respect.

Avoid debates and interruptions:
Interruptions should be discouraged so that individuals have the opportunity to collect their thoughts."

The whole guide is at:
http://www.ca-ilg.org/sites/main/files/file-attachments/tips_for_promoting_civility_in_public_meetings_2.pdf

Carolyn Schwebel

Leonardo

**************

This post has been updated

March 17, 2014 Middletown Township Committee Meeting: Bully Tactics From The Dais

Last weeks meeting of the Middletown Township Committee was yet another example of how NOT to conduct yourself  from the dais.

During the public hearing for the Ordinance 2014-3104 - Dissolving the Middletown Human Right's Commission - the conduct of Mayor Stephanie Murray and Committeeman Tony Fiore was reprehensible. You will see what I'm talking about starting at the 34:28 mark of the video. If was at this point during the public hearing on the ordinance that former Chairperson of the Middletown Human Rights Commission, Carolyn Schwebel was rudely and unprofessionally interrupted by both Murray and Fiore while commenting on the ordinance because they didn't care to hear what she had to say in defense of the Middletown Human Rights Commission and why it shouldn't be dissolved. Murray and Fiore each badgered Schwebel into silence. At one point during the badgering, Tony Fiore actually called her a bully for the way that she lead and used the Human Rights Commission for some kind of personal, political vendetta against the Township Committee.

When her husband John Schwebel spoke immediately after he was also cut off and not allowed to fully speak his mind. It was a travesty.

Regardless of whether or not you agree or disagree with the conduct of those on the dais or those who spoke on behalf of the Middletown Human Rights Commission, Carolyn Schwebel and others had the unequivocal right to be heard.Those on the dais should not have interrupted. During a public hearing on an ordinance, unlike a person who wishes to speak during the public comments portion of the meeting, the Township Committee has no time restraints on those who wish to speak. And calling people names from the dais is unacceptable on so many levels, Fiore and others need to apologize.

Committee Comments are at the 48:00 mark of the video and Public Comments (with it's 5 minute speaking limit) starts at 1:07:00



As always, you can download a copy of the meeting agenda that contains the discussion items and the proposed resolutions and ordinances that were voted on or presented during the meeting. A box around an item is a link, bringing you further into the document to that resolution or ordinance. At the end of the resolution there will be a link bringing you back to the agenda. Attached to this agenda is also the monthly bill list, so that everyone can see how the Township is spending our tax dollars.

The New Politics of Racism in Suburban New Jersey, Pt. 3: The Dismemberment Of The Middletown Human Rights Commission

Crossed posted from The Purcell Chronicles

By Rev. Jim Purcell, MPS, CPSP1

On March 3, in Middletown Township, New Jersey -- perhaps the 'Whitest' town this side of Nebraska, the Township Committee voted to disband the Human Rights Commission. This commission was also, by statute, the Civil Rights Commission for Middletown Township, one of the largest municipalities in New Jersey -- and likely the leader in the least diversity.

Middletown is rich in patriotic spectacles, if not addressing civil liberties

In my opinion, no community stays all-White (or 93 percent at least) for its entire history, dating back to when the town was a Tory stronghold for Red Coats before and during the Revolutionary War -- unless part of the town priorities are not being inclusive, and for generations. Meanwhile, things like human rights commissions can certainly be a nuisance in that scenario. Communities today are not non-diverse by accident. It is a plan by the town fathers, long-standing political bosses and party interests that keeps that ugly idea going. And, there is no short supply of that in Middletown, as will be discussed in the next installment of this series.

It is a great shame, not only because the commission had been in continuous operation since 1968, but also because I am aware of the work of the commission's chair, Dr. Carolyn Schwebel, and I have always known her to be the one in the trenches, fighting for disabled-accessible improvements to public buildings, not being afraid to tackle issues of race and controversy to do what was as just as she and her commission members could.

It is not a secret in Middletown that Dr. Schwebel was not a "team player" with the all-Republican GOP. She speaks truth-to-power in a place where that is very hard to do. Dr. Schwebel, you see, is pretty much the only actual tether the government in that town had of understanding how the actual world, not secluded in a moneyed section of New Jersey, works.

There are four members of her commission, and there have been several others wanting to join as well. And, as I am well aware from my days putting out a newspaper in this close-knit community, the Middletown Committee ignores the truth of the actual world, in favor of its own. In fact, Dr. Schwebel was not able to accept everyone who was interested in joining the commission, because there were too many.

Yet, one of the primary reasons offered by former Mayor Anthony Fiore for this disbandment was because there were not enough people interested in joining this commission. Well, I have known Dr. Schwebel many years and I am not about to call her a liar, as I am aware of her good character, while I am similarly aware of the tradition of bad conduct by this committee and its entrenched politicians.

One of the so-called reasons, which were expedient excuses, by the town committee was that the Human Rights Commission was not drawing enough interest by volunteers. In fact, the commission had no wont of new recruits. Dr. Schwebel, reluctantly, had to turn down several volunteers for the post due to the size of the body.

She stated recently to her commission members: "Mr. Fiore was wrong when he said that there was no interest, no one applied for the Middletown HRC. Several citizens have actually applied for membership on the Middletown HRC. While Larry, Spiro, and Ray were appointed, the rest, about seven, who looked good,were not."

In its proclamation disassembling the 46-year-old town body, the committee stated: "Whereas, the Commission has not been an active body for many years, and when it did meet, it failed to focus on its statutorily defined mission as set forth under N.J.S.A. 10:5-10 (formerly N.J.S.A. 18:25-10 at the time of its formation by Resolution in 1968); and whereas, not only did the Commission fail to perform its statutorily defined duties, it involved itself in matters entirely outside of the jurisdiction of the Township’s governing body, in one instance it was even used to promote a pet food drive for a charity associated with a member of the commission."

So, the alleged reasons for the disbandment included, but was not limited to: the commission addressing the broad scope of issues presented it (e.g. "failed to focus on its statutorily defined mission") -- yes, it could not be told what it would say by politicians; it is alleged the commission "has not been an active body for many years," and I would ask how the commission can be meeting and doing things the committee didn't like without being active; and, "in one instance, [the HRC] was even used to promote a pet food drive for a charity associated with a member of the commission." The committee is castigating the commission for helping out dogs? Really?

Things cannot stay stuck in the past for any community so long

So, the Town Committee and former Mayor Fiore and freshman Mayor Stephanie C. Murray all made it clear they didn't want the commission around. The final excuse for this was that the action was a cost-saving measure.

Insofar as "saving money," the HRC was a volunteer body, as was the volunteers that helped them with their initiatives (far from being inactive). Aside from burning some electricity and leaving the bathrooms open when they met at Town Hall, 1 Kings Highway, there was really no cost whatsoever attached to this body. I daresay the governing body probably spends more on appetizers for one or two of their own self-congratulatory, private events than this commission costed the town in an entire year.

On Friday, January 28, 2010, Dr. Carolyn Schwebel, the chair of the commission, wrote a letter to then-Middletown Township Mayor Anthony Fiore thanking him for his visit the previous night during a meeting of the HRC.

At that session there was, naturally, a discussion between Mayor Fiore and Dr. Schwebel about the nature of her commission.

As she promised at the then-recent meeting, Dr. Schwebel sent Mayor Fiore a memorandum from the Monmouth County Prosecutor's Office, noting NJSA 10:5-10, "which empowers local municipalities to appoint local commissions on civil rights."

Dr. Schwebel went on to cite the reference and noted the primary function of such a included "...[an] attempt to foster through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the inhabitant of the community."

Dr. Schwebel made the argument that the "intention was not to limit the functioning of local civil rights commissions only to advising the governing body." Yet, in the resolution abolishing the commission and in its language throughout the dismantling process the group was always characterized by the Township Committee as an "advisory group" to the governing body; not an independent body of its own with its own ability to review issues or take testimony, as appropriate, about crucial issues of diversity and equal access and offer independent opinions, other than those the Township Committee strictly gave them.

It is no secret that Dr. Schwebel is also involved, and has been for many years, in an area group called The Equalizers, a private group that explains and, when necessary, agitates for, equal access to various public venues for those who are disabled. This is work intended to 'catch up' lethargic Monmouth County and Shore towns in things they should be doing anyway to comply with the Federal Americans with Disabilities Act. If such a group is a reason for scorn in any community, then priorities for that place need to be seriously re-examined.

Middletown is part of the United States of America, where there is a U.S. Constitution and Bill of Rights in operation right now, despite those who would seek to run their municipality in a similar fashion to "Boss Hog" on the beloved 70's TV show "The Dukes of Hazard." Yet, Middletown Township has managed to do just that -- evade what most other communities have to do in New Jersey to ensure the rights of the citizens of this state.

Where there is not oversight, there will be excesses: Any CEO can tell you that -- any store manager for that matter. What is it that will get accomplished? Whatever is checked to ensure workers have done it. In this case, the Middletown Committee just did away with its own Human Rights and Civil Rights Commission. So the question has to be offered: Just what is the pain in the neck that the committee wants to go away -- the human rights" part or the "civil rights" aspect of the body? Either way, it is not a healthy sign for any community.


Correction: I have been informed that the abolishment of the Human Rights Commission has not yet occurred, it was simply vetted on March 3rd for the governing body, which will vote upon it finally at its next session. Personally, I don't think anyone on that dais is going to change their mind about a thing, though. JJP

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Rev. Purcell was licensed to preach at Stelton Baptist Church, in Edison, NJ, in 2007. He is a graduate of the New York Theological Seminary, in New York City, and Capital Health's Clinical Pastoral Education Program, in Trenton, New Jersey. Rev. Purcell is the former Editor and Publisher of the late Courier newspaper, in Middletown, New Jersey (1998-2009); and is a former correspondent for The Star-Ledger, Jersey Journal and North Jersey Newspapers, among others. During his tenure in the U.S. Army, Rev. Purcell earned the rank of Sergeant and served as an Intelligence Analyst and Infantry Squad Leader, respectively, in Airborne and non-Airborne assignments.


Read Rev. Purcell's other articles in his series on the Politics In Racism on his blog, "The Purcell Chronicles":

The New Politics of Racism in Suburban New Jersey, Pt. 1: Preface

The New Politics of Racism in Suburban New Jersey, Pt. 2: Middletown and the facts

APP Letter: Middletown Officials Allow Human Rights Panel To Die

Here's another letter I found online over at the Asbury Park Press. This one was written by Dr. Carolyn Schwebel, long time former Chairperson of the Middletown Human Rights Commission.

Over the past few years the Township Committee hasn't seen fit to appoint any new members to the Human Rights Commission, preferring instead that it die a slow death that could be blamed on the apathy of volunteers not willing to serve on the commission, which of course is not the case. Since 2009, there has been nearly a dozen applicants willing to sit on the commission, so why haven't they been appointed?

Here is the letter:

Your Feb. 13 editorial, “Nip sexual harassment cases in the bud,” was right on! The editorial stated that “There should be structures in place in every workplace designed to nip harassment in the bud.”

Middletown Township has had such a structure, the Middletown Human Rights Commission (MHRC), in place since 1968. It is the right body to offer guidance to prevent all types of discrimination.

Unfortunately, although Middletown has settled several costly harassment complaints, it essentially destroyed the MHRC at the January 2014 reorganization meeting. It neither reappointed its last two members, nor appointed new ones. So, the 11-member board now has exactly none, yet the town officials said it still exists.

When asked if the board is now terminated, the town clerk replied in Alice-in-Wonderland language: “The board has no members at this time. That’s why it’s not on the web page. The township has not appointed anyone and will appoint when ready.”

Yet at the Feb. 18 Township Committee meeting, Committeeman Anthony Fiore stated that he is having a resolution drafted to “dissolve” the MHRC because it “has no members.”

As Alice would say, “Curiouser and curiouser.”

Carolyn Schwebel

Middletown

Equalizers Charge: Medical Facilities Discriminate: Not Accessible

FOR IMMEDIATE RELEASE
AUGUST 11, 2013


LEONARDO, NJ : "Medical access delayed is medical access denied," said Carolyn Schwebel, Executive Director of the Equalizers, advocates for people with disabilities. "July 26th was the 23rd anniversary of the signing of the Americans with Disabilities Act (ADA) ," she added, "but very few physicians' offices and hospitals are wheelchair-accessible as required by this law."

During the long and arduous diagnosis and treatment regimen commonly required for those with breast cancer, Schwebel herself has had to endure many incidents of lack of accessibility at a local hospital. For a minor operation, the surgeon had to call a security guard to physically lift her up onto a high table that she had been assured would be accessible. "That experience made a scary situation even scarier. I was anxious, angry, and embarrassed at being undressed." For daily radiation treatments, she had to rely on a very cooperative, strong staff member to do the lifting. Many patients, especially older ones, have said that they are afraid that if they ask for their safe access rights they will lose their doctors.

Medical facilities should be the most proactive in providing access for people with disabilities, including older patients and "wounded warriors." Still, 21 years after the required implementation of the ADA, patient tables, patient beds, toilets, diagnostic and radiation treatment machines are usually much too high; toilet seats and exam tables should be 17 to 19 inches from the floor for transfer from a wheelchair. Traditional exam tables are over a foot higher! While some medical providers have tried by buying newer tables, they are unaware that at 26 inches high, these tables are still dangerous and not accessible. The proper 17 to 19 inch height tables are now available.

Much guidance for medical providers is available at the Department of Justice's Web site, ADA.gov; in particular see "Access To Medical Care For Individuals With Mobility Disabilities" http://www.ada.gov/medcare_mobility_ta/medcare_ta.pdf

Middletown's Discrimination; Law Suits Could Have Been Avoided If Human Rights Commission Were allowed To Do Its Job

To the Editor:

Middletown recently settled a racial harassment discrimination lawsuit by one of its own police officers for $300,000 dollars, of which the town must pay $70,000. The township attorney stated that the officials would be reviewing their discrimination policies and procedures.

There was an earlier sexual harassment settlement by a township employee.

A few years ago, while chairperson of the Human Rights Commission, I experienced disability discrimination by the township. As part of my settlement the township was supposed to review discrimination policies and train employees.

It is way past time for Middletown officials to take serious action to ensure a harassment-free environment for all employees. The logical action would be for the Middletown Human  Rights Commission to help the Township Committee review its discrimination policies and train employees.

But wait, the MHRC has been decimated, reduced to four of the required eleven members and is nearly defunct!  The remaining members have only met once since December.

If the MHRC were  allowed to do its job, these expensive lawsuits and cash settlements could be avoided.

Sincerely,
Carolyn Schwebel

ADA Award Honors Atlantic Highlands Borough Administrator

Atlantic Highlands, NJ:  At the July 25th Atlantic Highlands Borough Council meeting, on the eve of the 22nd anniversary of the signing of the Americans with Disabilities Act (ADA), the Equalizers, advocates for people with disabilities, presented an Equalizer award to Borough Administrator Adam Hubeny in recognition of his excellent implementation of accessibility in the Borough Hall renovation.

(Carolyn Schwebel, Adam Hubeny, Jane Reynolds, Fred Rast)

Mayor Frederick J. Rast, III, read aloud the Equalizers letter praising  the Borough's accessibility accomplishments, recognizing Adam Hubeny, and presenting a $3000 check to Library Director Jane Reynolds for the Friends of the Library.

In presenting the award, Equalizers Executive Director Carolyn Schwebel stated: "Atlantic Highlands has been more cooperative than any other area town in achieving accessibility compliance."

Hubeny responded to an ADA lawsuit not defensively, but with determined efforts to provide the fullest ADA-compliance.  Schwebel stated that Adam  exceeded our expectations in his empathic awareness and attention to detail of access requirements. In a recent tour of the renovated borough hall, Adam commented, “I kept saying to myself how would I feel about not having access.”

After Schwebel commented that in the recent tour she was able to access the courtroom dais a perceptive council person recognizing the implications of integration told Carolyn, "Now that you got on the dais, you can run for office!" Schwebel responded, "But I live in Middletown, which doesn't provide that access."

FOUR LITTLE WORDS THAT SAY A LOT ABOUT HOW THE TOWNSHIP DOLES OUT APPOINTMENTS: “When they asked me.”

by guest blogger Linda Baum

Quote of the day goes to Brock Siebert, who, when asked when he knew he’d been appointed as a Library trustee by the Township Committee, replied, “When they asked me.” I think that confirms that the Township does not require the submission of a board membership application as a pre-requisite for appointment. In fact, I checked. There is no application for Mr. Siebert on file with the Township.

In Kevin Penton’s 1/2/12 APP article “Advocate is not reappointed” about the dwindling membership on the Middletown Human Rights Commission (MHRC), Mayor Tony Fiore is quoted as saying he is unaware of any other Township resident who had expressed an interest in serving on the Commission, besides Dr. Schwebel, whose term expired at the end of 2011. Fiore is implying that a lack of willing candidates is the reason no appointments were made. However, as Brock Siebert’s appointment to the Library Board demonstrates, the Township will seek out candidates who haven’t necessarily expressed an interest in appointment. So Mr. Fiore’s excuse about the MHRC vacancies doesn’t fly. In fact, Dr. Schwebel knows at least one other person who applied but never received a response.

If you would like to see the MHRC survive and are interested in serving, you can find the board membership application..... Here

You may not hear back from the Township, but at least Mayor Fiore can’t say he didn’t know you were interested.

Martin Luther King and Middletown Human Rights

It is sad that at a time when we are remembering the civil rights efforts of Martin Luther King the Middletown Township Committee has taken steps to dissolving the Middletown Human Rights Commission (MHRC).

At the 2012 reorganization meeting the Middletown township committee added no members to the MHRC, which had only six members of a required eleven. Instead, the committee actually removed two, leaving only four!

Mayor Fiore commented that there are vacancies because he knows of no one interested in MHRC appointment. That is untrue; I know of at least one man, Jim, who applied a year ago and never had any response. He assumes that they checked his voter registration and threw out his application when they saw he was a Democrat. A former MHRC member commented two years ago, as a reason for not seeking reappointment, "There have been township people who have expressed interest in joining the MHRC and who many months ago have even submitted to the Township Committee a form expressing their interest. Yet the Township Committee still has not done anything to fill any of the many vacancies."

Almost none of our members were appointed because they had specifically applied for the MHRC. They were put on as neighbors of a mayor or from a general talent bank application. Often they did not even know what the MHRC was about when they came to us as new appointees.

The mayor's comment that many people have left MHRC is also not true. In 2011 just one member left, due to serious family illness and another in December 2009 out of frustration with the township committee, In a letter to them he noted, "The MHRC is the oldest human rights commission in the state of NJ. If done properly, it can have a significant positive impact on the quality of life in Middletown, yet because of the attitude and inaction of the Township Committee, I feel that I have been wasting my time being a member of the MHRC. The Middletown Township Committee doesn't seem to care about the existence of the MHRC."

Dr. King said, "Darkness cannot drive our darkness; only light can do that. Hate cannot drive out hate; only love can do that."

Sincerely,
Carolyn Schwebel
Ex-chair, MHRC

Quote Of The Day #2: “You can say it’s political...”

Our second quote of the day comes from newly reappointed Middletown Mayor Tony Fiore, from statements made to reporter Kevin Penton in todays Asbury Park Press concerning the appointments of members to (or lack thereof) the Middletown Human Rights Commission and its former Chairperson Carolyn Scwhebel.

“You can say it’s political, you can say it’s personal choice,” Fiore said. “She doesn’t work well with the town.”

Mrs. Scwhebel recently sent a letter to the editor, Middletown Human Rights Commission Being Abolished by Attrition, to local publication (this blog included) that expressed her concerns at not being reappointed to the commission.

And when you consider what went on during the last Township Committee meeting of 2011 back on Dec.19th, Fiore's comments only reinforce what I wrote about in the post Political Affiliations Over Participation Matter More When It Comes To Board Appointments, when discussing an appointment to the Middletown Library Board (listen to the audio).

Middletown Human Rights Commission Being Abolished by Attrition

In a response to my earlier post "Political Affiliations Over Participation Matter More When It Comes To Board Appointments", Mrs. Carolyn Schwebel sent out a letter to numerous friends and supporters that concurs with much of what I posted. It seems that because Mrs. Schewebel has been an outspoken member of the Middletown Human Rights Commission, who has held the Township of Middletown accountable for its lack of attentiveness to the various issues concerning people with disabilities, the Human Rights Commission is dying a slow death and it seems that she will not be reappointed to the commission.

Here is what she wrote:

At the last Middletown Township committee meeting, a frequently outspoken resident commented that she had applied to be on the Library Board, the mayor told her that she had as much chance of being appointed as he had in getting her vote in the last election. His comment sounds like a quid pro quo to me, and reflects the political connection requirement for appointments to Middletown's boards and commissions. A Library Board member has just been removed for presenting a minority view.

The Middletown Human Rights Commission (MHRC) had only six members of the required eleven seats. and unanimously asked the Township Committee to appoint new members in January 2012. No answer was received. Another member and I, whose terms ended in 2011, received no "thank you letter," although the other members did, and no mention of being reappointed.

The resolutions for Middletown's January 1, 2012 reorganization meeting show appointments to all boards and commissions except the Bayshore Village Senior Citizen Housing Corporation , which has no vacancies, and the Middletown Human Rights Commission. Neither I nor the other commissioner has been reappointed, although I have been the chair, with perfect attendance for many years.

It is of note that both MHRC members who were not reappointed have spoken out to advise the Township Committee. Both also have disabilities and use wheelchairs. Less than three years ago, Middletown settled a civil rights case of disability discrimination. An Americans with Disabilities Act accessibility suit has existed since 2004, with consent orders in 2006 and 2007 being unfulfilled by Middletown.

A Chinese aphorism recently in the New York Times stated that, "You cannot wrap a fire with paper: the truth will come out.”

It's too bad that this type of stuff goes on, it just adds credence to what many already know which is, if you're not one of the chosen elite in Middletown you need not apply.

Letter - Grenafege & Fowler Support Open Government and the Broadcasting Public Meetings

To the Editor,

Late one weekend night I was flipping t.v. channels to view my new expanded line-up, when what to my wondering eyes should appear but a lively meeting of the Howell township committee. Enthralled, I watched for over 45 minutes. Howell's public service channel carries videotaped committee, planning and zoning meetings, repeated often and available for download.

My own township officials in Middletown adamantly refuse to offer videotaped meetings, which would be helpful for all, especially older people, workers, and people with disabilities. Are the officials fearful that they could not compete with :"Dancing with the Stars"? Committeeman Scharfenberger said that it would cost $100,000 to tape meetings, a gross exaggeration, then asserted that even at no cost he would not approve.

Candidates Jim Grenafege and Carol Fowler support open government, including videotaped meetings. It's time for a change in township committee members.

Sincerely,

Carolyn Schwebel
Leonardo, NJ

Concerns and Advice for the Middletown Administration

by Carolyn Schwebel

Since I have been unable to attend township committee meetings, following are some of my own thoughts, concerns, and suggestions regarding Middletown matters. I am speaking for myself only.

Township committee meeting locations:

"It's Your Town" reported about the May 3, 2010 Middletown Committee workshop meeting that "The workshop meeting was held in the Conference Room, which was filled to overflowing. People were sitting on the floor due to the lack of seating for the public and the room temperature was excessive because the day was unusually hot. The overflow crowd was remanded to the hallway for the duration of the meeting."

A speaker at the May 3, 2010 meeting recommended moving workshop meetings from this small room to the courtroom when a prescribed number of people attend. I make the same request or else that all meetings be held in the larger room. If you want to keep the informal flavor for workshop meetings, there is no need to sit on the dais; the tables below it could be used. Otherwise, there are signs of disrespect for the citizens attending, ADA problems, including reduced hearing of the meeting, lack of proper seating, and probably violation of fire codes for maximum capacity of the small conference room.

Current revision efforts of Middletown Human Right's Commission (MHRC) mission statement:

These revisions of the mission statements for the commissions and boards that "currently do not have clear definitions" were described by your attorney at the May 3, 2010 meeting as necessary for the Citizen Services Act. My review of that act, P.L. 2009, c.141, which provides revisions to NJSA 40A:9.12, and of the DCA advisory for it revealed that information required for a township directory should include "C.40A:9-9.2 Directory of local authorities, boards, commissions...(f) the appointing authority and the enabling statute, ordinance, or resolution, if any."

Nothing indicates that existing resolutions must be revised; Unilaterally changing the MHRC mission statement, which is part of its official bylaws, appears to be a violation of the bylaws procedures and Robert's Rules of Order. For those boards and commissions that have no mission statements, rather than being written solely by an attorney, the mission statements should include input from members of the boards or commissions.

MHRC membership:

The MHRC membership requirement is set in resolution and bylaws at eleven members. We are deeply grateful for the four new members on 2010. Discussion by the Township Committee to reduce that number by nearly one-third is, however, unwarranted. Under P.L. 2009, c.141 when commission vacancies occur they must be filled in a timely manner:
"C.40A:9-12.1"h. Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law. Whenever any of the above shall occur the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law..." (emphasis added).

To comply, please appoint members to our four remaining vacancies as soon as possible, preferably some with citizens who are racial minorities, since at present there is none in the membership.

Another committee may not be needed:

Creation of a Military Affairs committee, as suggested by the mayor, is surprising, since I had heard that the township committee was seeking to reduce the number of boards and commissions. Attention to our veterans is very important; in fact, as our minutes confirm, the MHRC has been looking at human rights issues for returning veterans for over a year. Due to a storm, we had to cancel a meeting at which an active, recent disabled veteran, head of a local VFW, would meet with us. He is scheduled for our September meeting. You are welcome to attend. The appointment of a recent veteran to the MHRC could help us with our goal of assisting veterans. We also have counseling and other helpful resource numbers for veterans.

Lack of response from Township Committee to MHRC requests for input:

Four years ago, in July 2006 (attached), MHRC sent a request to the Township Committee for suggested projects for the MHRC. No answer was ever received. Once again, a month ago, on April 12, 2010, our letter including the same request was hand-delivered to Town Hall for the Township Committee. We have not received a response, as of today, despite follow-up calls. Also, our vice chair and I made at least a dozen contacts by phone, e-mail, and in person to schedule the final part of the SPCA food drive, a publicity photo with the mayor to reemphasize for the public the continuing need for pet food and to provide positive image for the township in the media.

On each of these issues, we were not afforded the courtesy of a response. It is important that all members of the community, including volunteers, be given respect by the Township Committee and other leaders.

I will happy to discuss any of these items with you.

Cordially,
Carolyn Schwebel

Letter: Like Cream Sean Byrnes Rises to the Top on Merit

Growing up in Vermont, we used to get milk delivered in glass bottles; always at the top was a big layer of cream that had risen. In awe of the effect, we would whip it for strawberry shortcake.

Whenever I hear the truism, "Cream rises to the top," I think of that experience and have regularly seen that it really does happen: excellent people are recognized as such by their peers and given leadership roles.

I have seen Freeholder candidate Sean Byrnes rise to the top on his own merit. He has been recognized by very different newspapers. The triCityNews had a handsome front page picture and great review, even though they were supporting a Republican. The Asbury Park Press recently gave a glowing review and recommendation for this brilliant but humble man. The article disclosed how deeply he has already researched in detail the county finances and found ways to save our money.

In any direct interactions with him I have always found Sean to be honest, approachable, knowledgeable, fair, forthright, and helpful. I have been amazed at his bravery when I have heard him speak calmly but forcefully as he provided transparency at township committee meetings about what was really happening.

I am convinced that Sean Byrnes, the cream of the candidates, will be our next Monmouth County Freeholder, and I expect him to rise further. My only reservation is that we need him on the Middletown Committee. Nevertheless, I urge you to vote for him for Freeholder, where he can have a larger effect.

Carolyn Schwebel
Leonardo, NJ

Letter: That is why I shall vote for Patrick Short

I want to commend the efforts of Middletown Township Committee member Patrick Short to represent the Committee minority position and the majority of the taxpayers of Middletown. Too often the Republican committee people try to ramrod their proposals through without proper consideration of the budgetary cost. Too often the majority members try to control the information and limit the rights of the public. It is only through Patrick Short's involvement that we now have minutes, resolutions, etc., online.

I just found a book title, "Listening is an Act of Love," I believe that Patrick's willingness to listen to us when we speak at meetings, instead of interrupting, whispering to a neighbor, fiddling with hair, arrogantly demanding his "proper" title, making faces, as the majority members have done, shows his great caring and respect for us citizens.

Patrick has kept his promises. I feel safe and represented when I see him on the podium. That is why I shall vote for Patrick Short in November and I recommend that you do the same to preserve his valuable voice on the Committee.

Carolyn Schwebel, Executive Director
Equalizers

Update: TOMSA Complies With OPRA Request... Sort Of

I have an update to yesterdays post concerning the Township Of Middletown Sewage Authority's stonewalling of Carolyn Schwebel's OPRA request.

I received an email from Mrs. Schwebel stating that she received documents, via fax, of some of the documents that she had requested:

"The figures are large. I had asked for the TOMSA Commissioners' pension, etc., but it's not clear if they gave me that or the whole amount that includes TOMSA employees as well.

There is an arrogant resolution that at a meeting February 12, 2009, Tom Stokes made a motion that was passed unanimously that "each member of TOMSA" receive salary of $1750 except the chairperson who will get $2150 a year starting February 1, 2009! (Can they back date that way?

Lots of nerve in these times, when people are questioning TOMSA's salary and the twp. committee has terminated its own."

Carolyn Schwebel then sent a follow-up email that stated that she contacted TOMSA Director Patrick Parkinson for clarification:

"I have one question, as I'm not clear on terminology. I had asked for the TOMSA Commissioners' pension ,insurance etc. Are the figures you sent for just the TOMSA commissioners, (Stokes, , Rogers, Raisch, Hinckley, Buow, Smith, Wrede) ) or do they also include payment for regular TOMSA employees as well.?"

Parkinson responded by writing,  "The pension payments are a total for all TOMSA employees."

Come on Pat, this is totally unacceptable and a bad job on your part. 

You stonewall and provide false information to Mrs. Schwebel, in an attempt to discourage her request for information and them when you do provide the information, it is not the specific information that Mrs. Schwebel requested. 

Mrs. Schwebel sent me a copy of her OPRA request form and the documents that you supplied. She specifically stated that she was interested in just commissioners and alternate commissioners compensation. Not the two documents that you supplied her with that shows the total monthly cost of health benefits and pension for all that work for TOMSA. 

I am currently looking into the above statement of Mrs. Schwebel's that mentions the raise in the yearly stipend that the TOMSA commissioner's voted for themselves. This information was included with her OPRA request. When I track down further information on this, I'll pass it along.    

Township Of Middletown Sewage Authority (TOMSA) In Violation of OPRA Law

What is the Township Of Middletown Sewage Authority (TOMSA) hiding and why wont they comply with  OPRA requests?

Middletown resident Carolyn Schwebel has been trying for weeks to get information about compensation and benefits that are given TOMSA Commissioners. She wants to know if commissioners receive health benefits to go along with their maximum yearly stipend of $1750.

Health benefits for TOMSA commissioners has become a hot button issue among some in town since Committeeman Sean Brynes suggested that these benefits should not be awarded to Township appointed officials. 

Sean Brynes suggested during recent budget meetings, that in order to save township tax payers money during these hard economic times, the township should look into ending the practice of giving sewage authority commissioners health benefits.  According to TOMSA meeting minutes, most meeting last on average less than 1 hour per month.  Brynes therefore argued that to pay each of the 7 township committee appointed commissioners a stipend of $1750 per year and health benefits was excessive.

Committeeman Brynes's suggestion to discontinue the practice of awarding benefits to TOMSA commissioners was dismissed entirely by the King and Queen of the Township Committee, Gerry (I want to be an Assemblyman) Scharfenberger and Pam Brightbill. Both argued that the  health benefits that the commissioners enjoy are not issued by the township but by TOMSA and therefore the township committee could not act to take away the benefits. When pressed further on the issue, the mayor and deputy-mayor simply resorted to the old standby line of  " they do a good job so they deserve it".

This answer lead to Mrs. Schwebel and others to seek the ordinances which established the creation of the sewage authority through an OPRA request.  For their effort they receive several ordinances and resolutions from the township clerk.       

Ordinance 1856, notes salaries to be paid to commissioners, but adds, "as shall hereafter be determined by the Township of Middletown Sewerage Authority, provided, however, that in no event may any member receive any additional compensation for his services as officer, agent, or employee of such authority," 

In no ordinance or resolution  was the issuance of health benefits stated or mandated by the Township Committee when it authorized the creation of TOMSA. In fact, it seems that the Township Committee was quite clear in ordinance 1856, that NO other compensation was to be given to commissioners. So what happened to change this?  Carolyn Schwebel was told by the township clerk that she would have to submit a separate OPRA request with TOMSA to find out. So, that is exactly what she did.

Finally on Friday of this past week, Carolyn Schwebel received word that her OPRA request was ready for pick-up and that it would cost her $1.00 per page. When she stated that she had requested that the pages be faxed or emailed to her because she has a disability and it is hard for her to get around, therefore there should be no cost.

When she insisted to the secretary that her request should be faxed or emailed to her as OPRA guide lines allow, the director of TOMSA, non other than are very own disgraced former mayor, Patrick Parkinson said "We don't do that"' and that the payment is to pay them for "running around collecting the stuff." Parkinson said, "We have always done it this way, and they do it all over the state.".

Mrs. Schwebel said to Patrick Parkinson, that OPRA materials and Middletown clerk's OPRA request form describes the 75 cents per page as a copying fee only, and "The fees for duplication of a government record in printed form are listed on the front of this form."

She told him the town clerk, does not refuse to send fax or e-mail responses. Parkinson responded by saying that they have nothing to do with the township clerk, and that they have their own form. Parkinson said that he would mail her OPRA response once they had her check.

This is truly an outrage and unfortunately this type of behavior seems to be standard practice amongst Middletown GOP members. When residents ask hard questions or seek out information that may be embarrassing to the local GOP, people like Patrick Parkinson, Gerry Scharfenberger or Pam Brightbill will either refuse to answer them, stonewall  or discourge people from abtaining  the information that they are after.

As Carolyn Schwebel states in her letter sent to township officials and copied to me:

"I am concerned that in spite of their salary, medical benefits, and pension, the Middletown Sewerage Authority Commissioners are not demonstrating proper oversight of TOMSA. This violation of OPRA has apparently existed since the beginning of OPRA. The policy needs to be rectified by the TOMSA commissioners and you. Other residents have no doubt been given the wrong information already and have had to go in and pay to get printed copies that they neither needed not wanted. The policy under TOMSA can be a to burden older people, working people and those with disabilities."

Stop the stalling TOMSA and send the documents that Mrs. Schwebel has requested.  Stop trying to cover up and be forthright with Middletown residents by answering the questions. 

Are commissioners of  TOMSA receiving other benefits other than the stipend originally outline in township ordinance 1856? If so, why? And who authorized commissioners to receive health benefits and a state pension? I and others would like to know.       

   

Middletown Human Rights Commission to be "Reconstituted"

I have received word that there will be some changes made to the Middletown Human Rights Commission (MHRC)as well as the Safety Commission after the February, Middletown Township Committee meeting.

It seems as though the Mayor and Deputy Mayor have decided to downgrade the commission. The MHRC will no longer be called a "commission", instead it will be delegated as an "advisory" board, there by limiting its powers. 

What is interesting about the timing of this decsion is that the changes to the MHRC will not take place until after the February 4, 2009 conciliation meeting with the NJ Division on Civil Rights, which found "Probable Cause" that Middletown (mayor & attorney) retaliated and discriminated against former Chairperson Carolyn Schwebel by removing her from MHRC a year ago.

Below is an excerpt from email to members of the MHRC from a felllow commissioner :

Dear Fellow Commissioners,

First, I would like to wish everyone and their families a prosperous, healthy, and Happy
New Year.

I received a letter today concerning the Middletown Human Rights Commission and another letter concerning the Safety Council which I am also a member. Both letter read alike. 

Appointments to both have been delayed until the Township Committee Meeting in February 2009.

...The pertinent language of the letter is as follows:

[...The Township has recently chosen to review your board membership and structure for future service to the Township. Due to this review process appointments to your board will be held over until our February 2009 Regular Meeting.

You will be notified of action to be taken on your appointment prior to the February
meeting. If you have any questions please do not hesitate to contact me at your
convenience. ...].

This just seems like another example of the abuse of power that the Mayor and Deputy Mayor of Middletown seem to think is within their rights. The mayors seems to think that they have some kind special powers over the Township, when in actuality they do not.

The Mayors and Deputy Mayors are appointed by their fellow committee members to those positions to act as figureheads to facilitate township business, they have no more or less powers to act then the other members of the township committee.

It will be interesting to watch the outcome of this following the February township meeting.  

Dirty Trick, not Treats

I wish that all the tricks were due to Halloween, but the people behind the evil masks are shameless local politicians and their supporters.

The situation is very simple. After over 25 years of "breathtakingly arrogant" rule and patronage, the Middletown Republicans are terrified. As a result, they are resorting to such dirty tricks as making a sandwich of "Pat Walsh" signs with theirs placed as the bread two inches away from hers., hiding their message. How silly, how sneaky, and it won't work!

Even worse, they are trying to decimate her reputation by dredging up false charges, resolved 10 years ago, by quoting her opponent in the old complaint who paid someone else to file what was really his own suit against her.

Our citizens are not that gullible and won't be fooled. The tricks will magically become a treat for Middletown, as more will vote for open government by Pat Walsh and Jim Grenafege rather than continued canards and law- breaking by the current majority.

"Let the sun shine in!"

Sincerely,
Carolyn Schwebel
Leonardo.

Thanks Mr. Mayor, But No Thanks!

The following is a letter by Carolyn Schwebel in response to a recent letter sent by Middletown's Mayor Scharfenberger to local papers, that expressed his endorsement of Deputy Mayor Brightbill and Tony "the Fibber" Fiore for Township Committee:

Thanks, Mayor Scharfenberger for the much-needed levity in your letter endorsing candidates. I was incredulous when I read that one reason that you are endorsing Tony Fiore is that he has been a "recreation and human relations commissioner." You dare to say that as a positive while you have tried to use the Middletown Human Rights Commission for political purposes and are even now seeking to weaken or destroy it?

Your letter further states, "You have told me that you want honesty.." Indeed we do, and open government, and respect for citizens. Knowing that, then why were you dishonest about admitting that you had asked the Middletown HRC to have a meeting about a publication that has criticized you?

I agree with you about the "importance of good government in Middletown." Why instead of providing it have you and your majority violated state and federal regulations? First, you illegally retaliated against me by removing me from the MHRC due to a civil rights lawsuit.

Second, Middletown has made none of the accessibility changes you agreed to do by August 2006. Even worse, your lawyer now suggests that the township has done all they can and that the buildings were compliant when built. Meanwhile, a young wheelchair user cannot travel to her shopping center because of three high curbs on the busy route!

Third, despite my clear information to you and all town officials you persist in violating the N.J. Open Public Meetings Act, which requires that all meeting notices be published in two papers 48-hours before the meeting! Your administration arrogantly refuses to give proper notice to residents about special meetings, including the July 31, 2008 MHRC meeting and the September 30, 2008 special township committee meeting. As a result, any action taken at those meetings, including your vote to appeal the Mountain Hill Town Center decision to the NJ Supreme Court is illegal and must be repeated at a properly noticed meeting!

Sadly, we taxpayers will need to pay for correcting all of your above violations.

I must, therefore reject your recommendation to vote for your deputy mayor, who clearly supported all of these violations. Instead, I urge all who want truly honest, fair, and open government in Middletown to vote for Pat Walsh and Jim Grenafege for the Middletown Committee.