Gov. Sherrill defends silence amid investigation of lieutenant governor

Gov. Mikie Sherrill, in her first public comments since news broke that her administration is investigating Lt. Gov. Dale Caldwell over alleged inappropriate conduct, defended herself Tuesday amid GOP calls for her to oust Caldwell and provide the public with more information about the probe.

In a statement that did not refer to Caldwell by name, Sherrill says she has a duty to safeguard victims and, while investigations are ongoing, those they have accused.

“I have a vital responsibility to the safety and privacy of every person. Anyone must know that they can come forward with a complaint and they will be safe from retaliation. The subject of a complaint must also know and be confident that their rights will be protected as well and they will receive a fair and thorough review,” Sherrill said in a statement.

Gov. Sherrill should address claims facing her lieutenant governor

Caldwell, who also serves as secretary of state, is the subject of an internal investigation headed by former New Jersey Attorney General Chris Porrino, though the exact nature of his alleged offense remains unknown.

The New Jersey Globe, which first reported the investigation’s existence, wrote the probe is related to “alleged inappropriate behavior with women” and ethics related to an offer of a state job.

Republicans have called on Caldwell to resign, noting he appeared to serve as acting governor on at least one occasion while the investigation wore on. The state Assembly’s GOP leaders on Tuesday called Sherrill’s statement insufficient.

Assemblyman Christopher DePhillips (R-Bergen) said the unknown nature of the claims against Caldwell is “exactly why the governor needs to answer basic questions.”

“She doesn’t get to hide behind ‘we don’t comment on personnel matters’ when the man under investigation holds two constitutional offices, Lt. Governor and Secretary of State, and still has the full powers of the governor’s office whenever she leaves the state,” DePhillips said.

Sherrill has limited ability to remove Caldwell from either of his positions. He was elected to the lieutenant governorship and cannot be removed from that office unless he is impeached or resigns. Conviction on impeachment requires a two-thirds supermajority in the state Senate.

In New Jersey, secretaries of state are distinct from most other cabinet positions because, once confirmed, they serve a term concurrent with the governor, who has limited ability to remove them.

The Office of Legislative Services in a 2003 legal opinion said the governor could remove the secretary of state and attorney general — the other cabinet position to enjoy enhanced job protections — for cause, though some legal scholars have disputed the opinion’s conclusion.

The governor promised swift action upon the investigation’s conclusion, but it’s unclear what that action might entail.

“I take my responsibility to treat any reports of inappropriate behavior or misconduct extremely seriously, and any credible report must be fully examined and addressed. If the evidence warrants, I will take appropriate action quickly,” she said.