Twp. to decide fate of Human Rights Comm.

MIDDLETOWN — The question of whether the Middletown Human Rights Commission (MHRC) will be retained, and if it is, whether Carolyn Schwebel will be reinstated as a member, has remained unresolved over the past year.

It now appears that both issues may be resolved soon.

According to Middletown public information officer Cindy Herrschaft, while there is no official date for a discussion on the commission, the matter may be placed as a discussion item on an agenda in the near future.

Membership in the MHRC has slipped over the past years and no members were appointed at the township's reorganization meeting Jan. 4.

Schwebel said last week that an e-mail from the township states that along with the Safety Council, the Human Rights Commission could be reconstituted and the issue would be discussed in February.

"Basically from what I've seen, they are changing it from a commission to a group or a committee, which would take away a lot of its power," Schwebel said. "Right now there are five members anyway out of the possible 11 it should have. The commission could be gone through attrition anyway."

Schwebel, who is disabled, was the chairwoman of the commission until 2008.

The Township Committee declined to reappoint Schwebel, a well-known advocate for the disabled, to the commission for 2008 citing the fact that she is one of the plaintiffs in a legal action brought against the township for failure to comply with requirements of the federal Americans with Disabilities Act.

The township maintains that the lawsuit settlement is not finalized and her involvement in the legal action precludes Schwebel's reappointment.

After repeated pleas to be reappointed by Schwebel, her husband John, members of the commission and members of the public, she filed a complaint with the N.J. Division on Civil Rights (DCR) in February.

Ten months later, Schwebel said she received an e-mail from DCR director J. Frank Vespa-Papaleo stating that she had probable cause.

"When they found probable cause, it pretty much means that there is enough to show that there was some discrimination against me," Schwebel said. "It reaffirmed what I have been saying all along."

According to Vespa-Papaleo's decision, which Schwebel provided, "A finding of probable cause does not resolve a civil rights complaint. Rather, it means the state has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion the New Jersey Law Against Discrimination (LAD) has been violated."

According to the DCR Web site, a conciliation attempt is required by law between the two sides before a hearing is held. About two-thirds of all findings of probable cause successfully get resolved at conciliation.

Schwebel said in an e-mail that after a year of pleading to be renamed to the commission, she wondered how she and the commission could rebound from the negative effects of the long delay.

"How can I regain my reputation, especially as human rights chairperson; many letters suggested that I was removed due to improper functioning," the e-mail stated.

The township Web site lists the Human Rights Commission as an "advisory body created pursuant to state law."

It defines the MHRC mission as: "To foster … good will, cooperation and conciliation among the groups and elements of the citizens of the community and to make recommendations to the Township Committee for the development of policies and procedures … that will aid to eliminate all types of discrimination based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality or sex."

Over the past year, Schwebel has garnered support throughout the county.

The Middletown Human Rights Commission drafted a resolution asking for her reinstatement last January and Earl Teasley, chairman of the Monmouth County Human Relations Commission, spoke on her behalf at Township Committee meetings and through editorials.

In February, Julius Ramsey, president emeritus of the Freehold chapter of the NAACP spoke in support of Schwebel.

In August, Township Administrator Anthony Mercantante said he sent a memo to the Township Committee suggesting that it form a subcommittee to look at the MHRC to determine if it is properly constituted.

While the future of the commission is in doubt, Schwebel will finally have her meeting with the township on Feb. 4 with her attorney and the township's attorney present.

"The next step is for the attorney and myself to sit down in a conciliatory meeting to work things out," Schwebel said. " We have to see what the future of the commission is."

Contact Jamie Romm at jromm@gmnews. com