An outside investigation found that the lieutenant governor harassed a staffer, accepted unpaid event admission for personal guests and sought a promotion for a romantic partner. His attorney disputes all three findings.
TRENTON, NJ – Gov. Mikie Sherrill called on Lt. Gov. Dale Caldwell to resign by Friday, Sept. 25, after an outside investigation substantiated sexual harassment and two ethics violations, including efforts to secure a promotion for a state employee with whom he had a romantic relationship.
Sherrill released the findings Sept. 24, saying the misconduct continued despite warnings and training. Caldwell’s attorney disputed the conclusions that evening, arguing that investigators’ findings exceeded what the evidence established.
The report, dated Sept. 23, found that Caldwell made a sexually demeaning remark to a female subordinate, repeatedly brought personal guests to ticketed events without payment or advance ethics clearance, and advocated for his romantic partner’s promotion without disclosing their relationship.
“Today, I’m announcing the conclusion and findings of an independent investigation into allegations regarding Lieutenant Governor Dale Caldwell. 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 her statement.
Caldwell also serves as secretary of state. The investigators examined his conduct in both positions. Their findings concern violations of workplace and ethics rules; the report is not a criminal conviction or a court judgment.
How the investigation began
The governor’s chief ethics officer, Christina C. Fullam, received an anonymous complaint on May 14 and retained Lowenstein Sandler to investigate. Caldwell received formal notice on May 22 and denied wrongdoing in a written response dated May 28.
The report was prepared by Christopher S. Porrino, a former New Jersey attorney general, and Shontae D. Gray. Investigators interviewed Caldwell and other witnesses and reviewed documents, emails, event records and a reimbursement receipt. The released package contains 61 pages, including exhibits.
Investigators used a preponderance-of-the-evidence standard: whether the evidence showed that the conduct more likely than not occurred. They then assessed whether the established conduct violated the applicable rules. Witnesses’ names and other identifying information were redacted.
The report describes concerns predating the anonymous complaint. A senior official in the governor’s office raised concerns about Caldwell’s conduct toward women with an adviser during the week of March 16. The adviser spoke to Caldwell on March 25. Senior officials again addressed concerns with him after a May 1 ethics training.
The sexual harassment finding
The finding centers on a conversation during official travel in April, when Caldwell and a female staffer were riding in the back of a vehicle driven by a state trooper. The exact date and location are redacted.
According to the staffer’s account, Caldwell asked about her friend, whom he had met at an event. When the staffer said her friend was not interested in a relationship with him, Caldwell said successful, ambitious women needed a man positioned to help them, “but you young women are looking for young sperm.”
Caldwell denied making the remark. Investigators credited the staffer’s account, citing its consistency across two interviews, her report of the incident to a colleague, and a photograph she said she took to document the time and location. Investigators also considered Caldwell’s admitted interest in her friend.
The staffer said she subsequently distanced herself from Caldwell and avoided traveling with him when possible. Investigators concluded that the comment constituted sexual harassment under the state’s workplace policy because of its sexual nature and effect on her working environment. They also found it demeaning on the basis of sex.
The trooper told investigators he did not hear the conversation and generally focused on driving, navigation and radio traffic. Investigators said that did not discredit the staffer’s account.
In a Sept. 24 response, Caldwell’s attorney, Thomas Calcagni, challenged the corroborating evidence. He emphasized the trooper’s account and argued that a photograph could not establish what was said.
The report also examined other workplace comments, but its substantiated harassment finding rests on the April remark. Investigators excluded a rumored inappropriate text message from their analysis because they could not obtain it or identify its recipient.
Personal guests at ticketed events
Investigators identified seven dated events between Feb. 19 and May 23, plus an additional event whose date they could not establish, where Caldwell reportedly brought guests admitted without payment. The guests included his daughter, a longtime friend and his romantic partner.
Known ticket prices ranged from $65 to $300. Events included an African American Chamber of Commerce gala in Garfield, a Rowan University scholarship luncheon and a celebration at Morven Museum & Garden in Princeton.
The report concluded that accepting waived admission for personal guests provided an impermissible benefit to Caldwell. It found that the practice continued after repeated guidance, including at events on May 2, the day after ethics training, and May 23, the day after he received notice of the investigation.
Caldwell told investigators he did not fully understand the rules and offered professional or educational reasons for some guests’ attendance. Investigators found those explanations did not excuse compliance.
An attached receipt dated June 12 documents a $175 reimbursement for the May 2 Morven event. Calcagni cited that payment and argued that the circumstances did not establish intentional misuse of office.
Although witnesses gave differing accounts about guests riding in Caldwell’s state vehicle, investigators did not identify a policy violation involving his use of the State Police detail.
Seeking a promotion for a romantic partner
The second ethics finding concerns Caldwell’s approaches to officials in another state department on behalf of an employee he was dating.
Investigators found that he advocated verbally for her promotion and then used his state email account on May 26 to forward her résumé and recommend her for a leadership position. That email came four days after notification of the investigation.
Caldwell acknowledged the relationship and admitted that he had not disclosed it when making the requests, according to the report. He maintained that forwarding a résumé was permissible because he had not ordered anyone to hire or promote her.
The employee received no promotion, raise or other benefit and later left state government, the report states. Calcagni emphasized that outcome and said Caldwell neither controlled the hiring decision nor demanded a new position for her.
Investigators nevertheless found a conflict of interest. The Uniform Ethics Code prohibits officials from participating in matters involving someone they are dating. The report concluded that the violation did not depend on whether Caldwell phrased his recommendation as a demand or whether the promotion occurred.
What happens next
Sherrill’s resignation demand does not itself create a vacancy. Her statement did not specify what action she would take if Caldwell declined to leave, and his attorney’s Sept. 24 response did not announce a resignation.
The New Jersey Constitution provides for impeachment of state officers. The Assembly can impeach by a majority vote of its full membership; conviction requires two-thirds of the full Senate. Those are separate legislative proceedings from the investigation Sherrill released.
If the lieutenant governor’s office becomes vacant, the governor must appoint a replacement within 45 days to serve the remainder of the term, under Article V, Section I, paragraph 9.