Statement by Freeholder John P Curley
TO THE TAXPAYERS OF MONMOUTH COUNTY
On December 8, 2017, County Defendants, which includes Freeholders
Thomas Arnone, Lillian Burry, former Freeholder Gary Rich, and former
Freeholder, now Assemblywoman Serena DiMaso, were found to be in
Contempt of Court and sanctioned for their willful and intentional violation
of a Court Order entered by the Hon. Brian R. Martinotti, United States
District Judge for the District of New Jersey. The Court found that their
arguments that the valid court order restricted their First Amendment rights
and that they were afforded absolute immunity for their conduct to be without
merit.
In his decision, the Hon. Brian R. Martinotti quoted the Third Circuit Court
of Appeals–“A fundamental principle of the legal system is that all orders and
judgments of courts must be complied with promptly.” This order was entered
in open court, with the consent of Freeholder Arnone, Freeholder Burry,
Assemblywoman DiMaso, and former Freeholder Gary Rich, whose attorney
appeared on their behalf. In fact, the Court found that “sealing the Report
was necessary,” and ordered it to remain sealed. Notwithstanding this valid
court order, Freeholder Arnone, Freeholder Burry, Assemblywoman DiMaso,
and former Freeholder Gary Rich proceeded to make public statements and
allow for portions of the sealed document to be read out loud at a public
hearing of the Freeholders.
Due to their flagrant violation of the Court’s Order, the County Defendants
have been ordered by the Court to pay the legal fees and costs associated with
bringing this conduct to the attention of the Court. The Court stated that the
County Defendants “do not deny they have revealed portions of the contents
of the Report and cannot at this point undo what has been done,” and the
Court properly imposed monetary sanctions for their egregious conduct.
As Freeholders, Thomas Arnone, Lillian Burry, Serena DiMaso, and Gary
Rich represented the citizens of this County in a position of public trust. In
so serving, they took an oath in which they swore to support the Constitution
of this State, the Constitution of the United States, and the law generally. By
violating a valid order, they violated that sacred oath and the public’s trust. I
hereby call for the public censure of Freeholder Arnone, Freeholder Burry,
former Freeholder Rich, and Assemblywoman DiMaso for their conduct.
The Monmouth County taxpayers should not have to pay for their willful and
intentional misconduct. Freeholder Arnone, Freeholder Burry,
Assemblywoman DiMaso, and former Freeholder Rich should reimburse the
county for having to pay legal fees and costs that were ordered by the Court.
Should they refuse, they must resign from their office for placing this burden
on the shoulders of our taxpayers.
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