By Allison Perrine
NEW JERSEY – During the ongoing Black Lives Matter movement sweeping the country, Gov. Phil Murphy suggested a name change for a state legislative body “born from racism.”
On July 9, Murphy, state Senate President Stephen M. Sweeney and Speaker Craig Coughlin announced their support for legislation to change the “outdated term” freeholder to commissioner. According to the governor, the freeholder title was created when only white male landowners could hold office.
“As our nation tears down symbols of injustice, we must also tear down words we use in New Jersey that were born from racism. It’s past time for New Jersey to phase out the term ‘freeholder’ from our public discourse,” he said. “This is not a matter of political correctness; it is a corrective action to replace an outdated designation that is rooted in institutional prejudice.”
But Murphy’s statement did not evade criticism.
Freeholder History
A Board of Chosen Freeholders is unique to the state of New Jersey. It is made up of elected officials at the county level with legislative and executive functions, such as overseeing and regulating county property and finances, according to the county.
Historically, anyone who owned land without debts, mortgages or other legal claims or liens was considered a freeholder. Anyone elected to office was considered a chosen freeholder. Before chosen freeholders, legislative duties were performed by courts and later by chosen freeholders and justices. But gradually, the judges became more involved with judicial concerns and in 1798, the state legislature created the board of chosen freeholders as the administrative and legislative head of county governments in the state.
“As a result, the 21 counties of New Jersey serve as a middle level of government between the state and federal governments and the municipalities. The counties deal with regional problems such as solid waste disposal and water supply, as well as the historic responsibility with the courts, roads, general government, and the conduct of elections,” the county website states.
According to the county, there has been one person of color who served as a Chosen Freeholder in Monmouth County – Philip Gumbs of Matawan, who served from 1974 to 1976. He was freeholder director for 1975 and 1976.
The Backlash
Assemblyman Gerry Scharfenberger issued a statement July 10, the day after Murphy announced his support of the name change, calling the governor’s idea “a feigned attempt to steer attention away from the immeasurable issues” facing the state, its economy and residents.
“We’re in the middle of a pandemic with the state budget facing a $10 billion hole, unemployment in disarray, the DMV with long lines and fist fights at its locations, and businesses going under every day,” said Scharfenberger in the release. “But now Governor Murphy has decided to focus his energy on changing the name freeholder? This is absurd!”
Scharfenberger, an archaeologist by vocation, has spoken out in the past against removing historical aspects of society, according to the release. For hundreds of years the county has had freeholders “to the complaint of no one,” he said, as men and women of all races, ethnicities and creeds have served as freeholders. “Now we’re going to spend wasted hours and countless financial resources changing the name of an elected office simply because it came from an era years ago and has no bearing on what it means today?”
Similarly, Monmouth County Freeholder Director Thomas A. Arnone called the title change “mind blowing,” especially amid a pandemic. “This is not the time for grand standing and changing the title of elected officials is not going to help anyone,” he said.
In a statement issued July 10, Arnone said the title change would cost taxpayers money when some are already struggling. Some businesses remain shuttered, others have closed permanently. There are over 1.3 million people on unemployment and many others are furloughed, he wrote.
“To change the title of a freeholder, thousands of taxpayer dollars will need to be spent to update and change every sign, structure or material that bears the title. This is something that is going to take an incredible amount of time, effort and money to accomplish,” said Arnone.
For now, Murphy said his administration does not have any other name changes on the list but said they are “open to anything else that folks find offensive.”
Curley Lawsuit
In other news, a lawsuit against the Monmouth County Board of Chosen Freeholders and other county employees brought by former freeholder John Curley was recently dismissed in the United States Court of Appeals for the Third Circuit.
Curley held his seat in county office from 2010 to 2018. In 2017, county officials launched an investigation into Curley regarding an alleged sexist comment he made at a May 2017 Bradley Beach Memorial Day Parade. The investigation by retired Judge Mary Catherine Cuff revealed that other allegations of sexual harassment and/or sexual behavior by him were credible. Subsequently, Curley was censured by the freeholder board.
Soon after he filed a lawsuit against the board and county employees which was dismissed, as was his second filed complaint. Most recently, he appealed the federal court judge’s decision to the Federal Court of Appeals, which was dismissed July 15.
“It is unfortunate that so much time and money had to be spent in order to fight to support Monmouth County employees,” said Arnone in a press release.
The article originally appeared in the July 30 – August 5, 2020 print edition of The Two River Times.
