Caldwell's counsel disputes all three findings and the investigation's process
Attorney for Lt. Gov. Caldwell, in a written statement
“This unnecessarily protracted and one-sided process lacked the requisite due process that should be afforded every citizen of this state … The Lieutenant Governor was not provided a meaningful opportunity to address each of these anonymous allegations or offer readily identifiable witnesses who possessed more pertinent, first-hand knowledge of the events in question. … The most serious finding involves an allegation that Dr. Caldwell made an inappropriate comment during a car ride. Dr. Caldwell categorically denies making that statement. … There is a meaningful difference between making a good-faith error when analyzing the regulations and deliberately using public office for personal benefit. … The Lieutenant Governor participated in the investigative process faithfully to the limited extent permitted, expecting a genuine truth-seeking inquiry. Unfortunately, the report twists seemingly benign phrases, such as ‘executive presence,’ to imply improper motive; relies heavily and unduly on the anonymous complainant’s perceptions, characterizations, and multi-layered hearsay; and disregards the testimony of staffers who did not share those views, as well as the Lieutenant Governor’s own account.”
Source and context
Official statement
About this source
Written statement issued for the Lieutenant Governor by his attorney after the report was released. It disputes each of the three findings and the fairness of the process. As of the evening of September 24, no statement from Caldwell himself, and no statement on whether he would resign, had been located.
Archived copy (opens in a new tab)Reporting
About this source
New Jersey Globe's same-night report on the statement issued by Caldwell's attorney, quoting it at length and noting that it does not address the Governor's resignation demand.
Archived copy (opens in a new tab)Reporting
About this source
Politico's same-night report on the Governor's demand and the Lieutenant Governor's response through counsel. It notes that only the Legislature can remove him, by impeachment.
Reporting
About this source
Associated Press coverage, syndicated by Newsday, of the Governor's call for resignation and the response of Caldwell's lawyer. It notes the Governor cannot remove the Lieutenant Governor, who can be impeached and removed by the Legislature.
Before the quotation
The statement was issued the evening the Governor released the report and called for Caldwell's resignation. It was the only response on Caldwell's behalf located that evening.
After the quotation
The statement also says the report relies on the anonymous complainant's perceptions and hearsay and disregards testimony from staffers who did not share those views. As reported by Politico, it did not address whether Caldwell would resign.
How this statement is classified
Responding to: The credible evidence substantiates that Lt. Gov. Dale Caldwell violated the state workplace policy by commenting to a female staffer that young women want "young sperm," conduct the report finds constituted sexual harassment, and violated the Uniform Ethics Code and the Governor's Code of Conduct by bringing personal guests to ticketed events without payment or reimbursement and by seeking a promotion for a state employee with whom he had a romantic relationship.
The label describes this statement’s response within the context above.
Why this label?
Relative to the report's findings, counsel says Caldwell explicitly denies the most serious finding and disputes the process and the other two findings. The explicit denial makes Denies the closest label. On the ethics findings, counsel contests intent and characterization rather than the underlying facts, which alone would be a challenge to the characterization.
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- Lowenstein Sandler LLP
Should Dale Caldwell resign as New Jersey's lieutenant governor after the investigation's findings?
Explore the case context, sources and public responses.
More from this case
Read the full case“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. … 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. The substantiated finding of sexual harassment is extremely troubling. … As a former federal prosecutor, I’m committed to ensuring everyone is treated fairly. This investigation was thorough and impartial. It was initiated by the Chief Ethics Officer and conducted by a respected former state Attorney General. … The Lieutenant Governor’s resignation is necessary and in the best interest of New Jersey residents.”Read statement
“It is deeply disappointing that today’s report has confirmed and substantiated the ethics complaints and harassment allegations against Lt. Gov. Caldwell. This situation has gone on for far too long, and if he doesn’t agree to resign, the Legislature should follow the necessary protocols to resolve this matter once and for all.”Read statement
“I was the contact with the Lieutenant Governor's office, and I received an email informing me that guests would be attending. I also received a phone call from members of his staff regarding the space that would be needed. So when I hear the suggestion that Dr. Caldwell simply "showed up with guests," I believe that characterization deserves to be questioned. The investigation and public discussion should include the people who actually organized and coordinated the event. … Dr. Dale Caldwell deserves a fair hearing, just as anyone else would.”Read statement