Freeholder Curley's Suit Dismissed In Sexual Harassment Probe

TRENTON, NJ — Both Freeholder John C. Curley and the Monmouth County Board of Freeholders are declaring victories after a federal judge dismissed Curley's lawsuit against the county over a sexual harassment investigation. But the judge ordered the county to pay his attorneys fees after the freeholders revealed part of the investigation report at a public meeting in violation of a judge's order.

U.S. District Court Judge Brian R. Martinotti issued the ruling Wednesday in the that lawsuit Curley filed in December.

Curley had filed suit after the freeholder board barred him from the county offices in the Hall of Records and prepared to censure the then-Republican freeholder in the wake of an investigation into accusations that he had made sexual comments to female county employees.

Curley, in the lawsuit, said he was being targeted retaliation for going after corruption, citing an investigation into the financial actions of the former president of Brookdale Community College and a fraudulent land deal involving the former Manalapan mayor, among other items.

In his ruling, Martinotti dismissed Curley's claims against the other freeholders — Lillian Burry, Tom Arnone, Serena DiMaso and Gary Rich — as well as Board Attorney Michael Fitzgerald and Teri O'Connor, the county administrator, saying Curley failed to state his claims.

He gave Curley until Aug. 24 to refile the lawsuit.

But Martinotti also ruled the freeholder board had knowingly violated the order sealing the report Mary Catherine Cuff, now an acting state Supreme Court justice, when it quoted from the report in the censure resolution.

The Cuff report, on the invesigation into allegations of inappropriate comments and hostile behavior, included sensitive information on both Curley and a number of county employees interviewed during the investigation and was sealed for that reason, Martinotti said.

A judge had issued a temporary restraining order including a directive sealing the report. But at the Dec. 8 special meeting where Burry, Arnone, DiMaso and Rich censured Curley — a largely ceremonial move that expressed their displeasure with his actions — pieces of the report, including some salacious and explicit comments, were read into the record. (READ MORE: Censure Reveals Details Of Freeholder's Purported Sexual Remarks)

"Oral orders are just as binding on litigants as written orders," Martinotti wrote. "The consequences for violating an oral order are the same as those for violating a written order," and he held the freeholders in contempt and ordered the county to pay for Curley's attorneys fees related to the matter.

Arnone, the current Freeholder Director, issued a statement calling on Curley to resign.

“Today’s decision by federal court was a repudiation of Curley’s claims, all 12 counts were dismissed," Arnone said. "Suing the county is a tactic Curley turned to when trying to justify his offensive language and abusive behavior."

"We regret that we had to use precious taxpayers’ dollars to defend standing up for our employees and values," Arnone said. "Now that the court dismissed Curley’s lawsuit, the Freeholder Board calls on him to do the right thing for our employees and our constituents and publicly apologize and resign."

Curley announced in June that he is seeking re-election to a fourth term on the freeholder board in November as an independent candidate after was removed from the Republican ticket, the New Jersey Globe reported. DiMaso, whom Curley accused of being behind the censure, was elected to the state Assembly last November and no longer is a freeholder.

Curley's attorney, Angelo Genova, released a statement on Martinotti's ruling, saying, "We are pleased that the court found that the county violated the court’s order to keep under seal the county’s investigative report, and further awarded counsel fees as a result of its violation."

"While we are also pleased with the court’s finding that it has the jurisdiction to hear Freeholder Curley’s claims going forward, and that the county is not immune from his allegations, we are disappointed that the court concluded that the complaint, as presently drafted, did not state claims sufficient to proceed at this juncture," Genova wrote.

"At the same time, the court allows Freeholder Curley to refile his complaint to cure those deficiencies, an option now under serious consideration. The fight to preserve his reputation is not over, and this is the first skirmish in what no doubt will be a long battle," Genova said.

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John C. Curley photo via Monmouth County website