Gov. Sherrill seeks Lt. Gov. Caldwell’s resignation over alleged ethics violations

Gov. Mikie Sherrill called for Lt. Gov. Dale Caldwell to resign Thursday evening after an outside investigation found he had committed sexual harassment, sought promotions for a state employee he was dating, and brought uninvited guests to ticketed events without payment or reimbursement.

The 61-page report says the 66-year-old former Centenary University president made sexual comments to a staffer after being rebuffed by her friend and continued to violate ethics rules despite repeated trainings on workplace conduct. It also says he continued to seek a promotion for his romantic partner even after having been admonished for doing so.

“The investigation found that the Lieutenant Governor engaged in serious, repeated violations of state policy and failed to uphold the responsibilities of his office. I’m calling for his resignation and giving him until tomorrow to do so,” Sherrill said in a statement Thursday evening.

It’s not clear what force lies behind her ultimatum. Caldwell, who is also secretary of state, was elected and can only be removed from the lieutenant governorship if he resigns or is impeached with a two-thirds supermajority in the state Senate.

Caldwell denied many of the allegations and his attorneys disputed the report’s findings in a statement Thursday.

“We firmly disagree with the three findings,” Thomas Calcagni, one of his attorneys, said in a statement. “Dr. Caldwell believes that a fair review of the complete record will show that the conclusions reached in the report go far beyond what the evidence establishes.”

Caldwell was elected in November along with Sherrill. Both are Democrats.

New Jersey Republicans have been calling for Sherrill to be more transparent about the investigation into Caldwell. Assemblyman John DiMaio, the Republican leader of the Assembly, criticized the governor for “dropping a report after business hours on a Thursday night.”

“Now that the investigation is complete, she owes the public answers in real time. What did she know about the warnings to Caldwell, when did she know it, and why was he allowed to remain in office while this dragged on?” DiMaio said in a statement. “The governor should have stood before the press tonight and answered every question. Instead, she released a statement and left everyone else to sort through the wreckage. That is unacceptable. She needs to hold a full press conference tomorrow.”

Inappropriate comments

The investigation into Caldwell by former New Jersey Attorney General Chris Porrino was prompted by an anonymous ethics complaint that alleged Caldwell brought uninvited female guests who were granted free entry to ticketed events because of his position and that he was “hitting on women at functions while traveling using taxpayer money.”

It found the lieutenant governor flirted with a much younger friend of a female staffer, who shared an account of the incident with an official at a state agency.

Later, Caldwell asked the staffer about the woman’s relationship status. After she told him her friend was uninterested, Caldwell said ambitious women needed a man to help them, “but you young women are looking for young sperm.”

The staffer memorialized the statement with a timestamped photo of a nearby statue, the report says. A state trooper present in the vehicle where the exchange took place said he did not recall the remark but added he did not typically pay attention to conversations in the back seat, it says.

Caldwell told investigators he asked for the woman’s phone number but denied making the remark about sperm. He said he did not recall bringing up the staffer’s friend in the car.

Calcagni said there is no proof the comment was ever made.

“The question is not simply whether investigators believed one person over another,” Calcagni said. “The question is whether the evidence actually proves that a violation occurred. In our view, the evidence does not support these findings.”

Some staffers recounted other inappropriate comments, including one where the lieutenant governor, walking with a female staffer on either side, said having one on each arm made him look good. Caldwell denied that comment was about physical appearances and said he made similar comments to men.

Numerous witnesses told investigators Caldwell was overheard saying he was looking for a “first lady,” and a senior staffer in the lieutenant governor’s office said he asked her to find him one. Caldwell was “pushy” when she refused, the senior staffer told investigators.

“These violations substantiated in the investigation reflect a pattern of behavior that does not meet the standards of this Administration. The ethical lapses persisted despite multiple warnings and trainings,” Sherrill said.

Caldwell told investigators the remark was not serious, the report says.

Ethics violations

The investigation found Caldwell in an email sought a promotion for a state worker he was dating who worked within a different executive department. Officials told him the woman would not be promoted and warned him of how his request could be perceived.

He made a verbal request for her promotion to a separate official in the department. Caldwell did not initially disclose their relationship on either occasion, the report says, though one of his staffers informed other officials of their relationship.

Caldwell told investigators he regularly forwarded resumes people sent to him and did not direct anyone to hire them. The conduct would only rise to the level of an ethics violation if he insisted on their hiring, Caldwell said, according to the report.

“There is a difference between failing to disclose a personal relationship when forwarding the resume of a qualified job applicant and actually using the power of public office to secure a job or financial benefit for someone,” Calcagni said.

Investigators said the behavior violated ethics rules that bar state officers from being involved, in their official capacity, with any matter relating to a person they are dating.

“These rules do not turn on whether the LG’s request was framed as a demand, as they prohibit any attempt to use one’s official position to benefit a romantic partner,” the report says.

The woman was not promoted and no longer works in state government.

Investigators also identified seven ticketed events to which Caldwell brought at least one uninvited guest.

Those included, among others, a show at the State Opera of New Jersey in Trenton, a Crossroads Theater Company event in New Brunswick, and a Rowan University Rosa Parks Scholarship Luncheon in Glassboro.

Ticket prices for the events ranged between $65 and $300, the report says. Caldwell provided one $175 reimbursement for a friend who attended a 250th Anniversary event at Morven Museum & Garden in Princeton.

He told investigators he did not fully understand the rules and denied that bringing guests constituted wrongdoing. Caldwell received ethics training upon taking office and again in February, according to the report.

“We firmly disagree with the three findings,” Mr. Calcagni said. “Dr. Caldwell believes that a fair review of the complete record will show that the conclusions reached in the report go far beyond what the evidence establishes,” Calcagni said.

Witnesses said he continued to bring uninvited guests despite a senior staffer’s urging he give advance warning so his team could provide reimbursement where necessary.

What’s next

Sherrill cannot unilaterally remove Caldwell from the lieutenant governorship, but his position as secretary of state may be less secure.

Though New Jersey secretaries of state typically serve terms concurrent with the governor’s, a 2003 Office of Legislative Services legal opinion opined that the governor could remove a secretary of state or attorney general for cause.

Those cabinet posts enjoy enhanced job protections, and some legal scholars have disputed that legal opinion, which predates the amendments to the New Jersey Constitution that created the lieutenant governorship.

“In my Administration, we are committed to doing what is right, not what is politically expedient. The Lieutenant Governor’s resignation is necessary and in the best interest of New Jersey residents,” Sherrill said.