Senate President Nicholas Scutari is serving as acting governor while Mikie Sherrill travels out of state, just two weeks after Lt. Gov. Dale Caldwell resigned following an investigation that substantiated sexual harassment and ethics violations.
TRENTON, NJ — New Jersey has a different governor in charge Thursday, October 8, as Senate President Nicholas Scutari assumes the duties of acting governor while Gov. Mikie Sherrill is out of state, a temporary transfer of authority made necessary by the resignation of her lieutenant governor amid a sexual harassment and ethics scandal.
Update: 3:57 PM. Shore News Network has learned that Governor Sherrill will be heading to America’s midwest to campaign for Democrat candidates in Chicago and Ohio.
Sherrill departed New Jersey Thursday morning and is scheduled to return Friday evening, October 9, according to her office’s official public schedule. The administration did not disclose her destination or the purpose of the trip, and no public events were listed for either day.
Scutari, a Democrat from Union County, is serving as acting governor because the lieutenant governor’s office remains vacant following Dale Caldwell’s September 25 resignation.
The change in leadership comes less than three weeks after Sherrill demanded Caldwell’s resignation following an independent investigation that found repeated violations of state ethics and workplace conduct policies.
Where is Gov. Mikie Sherrill?
Sherrill’s office announced Wednesday evening that the governor would be traveling out of state Thursday morning and returning Friday evening.
The announcement did not identify where she was going or whether the trip involved official business.
Under the New Jersey Constitution, the lieutenant governor ordinarily assumes the governor’s responsibilities when the governor leaves the state or becomes unable to perform official duties.
With Caldwell out of office and no replacement appointed, that responsibility falls to the Senate president.
Scutari’s assumption of executive authority is temporary. Sherrill remains New Jersey’s elected governor and is expected to resume her duties when she returns.
Scutari was already exercising those powers Thursday, with the governor’s office recording a bill-signing action under his name as acting governor.
Caldwell resignation creates unusual vacancy in governor’s office
The temporary transfer comes after Caldwell became the first New Jersey lieutenant governor to resign since the office was established.
Sherrill called for his resignation September 24 after releasing the findings of an independent investigation conducted by former New Jersey Attorney General Christopher Porrino.
The investigation released by the governor’s office found that Caldwell had engaged in repeated ethical violations, including conduct determined to constitute sexual harassment.
Investigators found that Caldwell made inappropriate comments involving women, attempted to advance the career of a state employee with whom he had a romantic relationship and brought personal guests to ticketed events without obtaining the required approvals or paying for their admission.
According to the findings, Caldwell made a romantic advance toward a female staffer’s friend and subsequently made a sexually inappropriate remark after his advance was rejected.
Investigators also concluded that Caldwell advocated for a promotion for a woman he was dating without properly disclosing the relationship.
Sherrill said the findings demonstrated a pattern of misconduct that continued despite previous warnings and ethics training.
“The substantiated finding of sexual harassment is extremely troubling,” Sherrill said September 24. “I’ve seen firsthand how a hostile culture can undermine everyone’s ability to succeed.”
She gave Caldwell until the following day to resign. He submitted his resignation September 25.
Caldwell disputes findings and says investigation was unfair
Caldwell has strongly rejected the investigation’s conclusions, accusing investigators of producing a flawed report and denying that the findings justified his removal from office.
Speaking publicly after his resignation, Caldwell said he stepped aside to prevent the controversy from distracting from Sherrill’s administration.
“I’m not resigning because of that ridiculous report. I’m resigning because I don’t want to be a distraction to the Mikie Sherrill administration,” Caldwell said during a September 26 interview outside his New Brunswick home.
He characterized the investigation as poorly conducted and challenged the accuracy of its findings.
His attorney, Thomas Calcagni, has also disputed the investigation and indicated that legal action is being considered.
“We continue to forcefully challenge the report,” Calcagni said following Caldwell’s resignation.
Caldwell has suggested that his treatment was influenced by racial bias, an allegation that has not been independently established.
Former lieutenant governor also faces church investigation
Caldwell’s departure from state government did not end the controversy surrounding him.
The former lieutenant governor, who is also a Methodist pastor in Plainfield, has faced additional scrutiny from church leadership.
According to an October 1 report by The Philadelphia Inquirer, Caldwell was suspended from certain church responsibilities while Methodist officials conducted a separate investigation into his conduct.
The church inquiry was announced after his resignation from state office.
Caldwell also returned to his church pulpit shortly after stepping down, delivering a sermon addressing false accusations and the damage they can inflict.
The church proceedings are separate from the investigation commissioned by the Sherrill administration.
Scutari assumes governor’s duties as Sherrill considers replacement
The resignation has created an unexpected succession arrangement during Sherrill’s first year in office.
The governor has until early November to appoint a replacement lieutenant governor under the state’s constitutional vacancy procedures.
In the meantime, Scutari serves as the next official in line to exercise gubernatorial authority when Sherrill is absent.
Sherrill has separately appointed Acting Comptroller Shirley Emehelu as acting secretary of state, filling another position previously held by Caldwell.
The secretary of state oversees New Jersey’s elections, making the appointment particularly significant ahead of the November 3 midterm election.
During her September 25 announcement, Sherrill defended the investigation and her decision to demand Caldwell’s departure.
“This investigation was thorough and impartial,” she said. “It fully examined the evidence and followed the facts — wherever they led.”
The governor has promised to choose a new lieutenant governor who meets her administration’s ethical standards.
For now, Scutari is handling New Jersey’s executive responsibilities while Sherrill remains out of state. Her administration has not publicly disclosed the destination or purpose of the trip.
