Caldwell pushes back on harassment, ethics report, gives no sign he’ll resign

Lt. Gov. Dale Caldwell is pushing back forcefully against a report that found he sexually harassed a female staffer and violated state ethics rules, giving the impression that he has no plans to heed Gov. Mikie Sherrill’s demand that he resign.

In a statement released Thursday night, Caldwell’s attorney, Thomas Calcagni, disputed all three findings against the lieutenant governor and attacked the investigation conducted by former Attorney General Christopher Porrino and the Lowenstein law firm as unfair and one-sided.

The statement makes no mention of Sherrill’s resignation demand and gives no indication that Caldwell intends to step down.

Sherrill called for Caldwell’s resignation Thursday after the 61-page report substantiated allegations of sexual harassment and ethics violations, saying the violations amounted to a pattern of behavior that failed to meet the standards of her administration.  She gave Caldwell until Friday to resign.

“This unnecessarily protracted and one-sided process lacked the requisite due process that should be afforded every citizen of this state,” Calcagni said. “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.”

“It appears, in fact, that even those who voluntarily came forward with first-hand accounts were entirely excluded from the process,” stated Calcagni.  “These due process concerns, coupled with breaches of confidentiality throughout the process, render any findings palpably deficient and create a dangerous and challenging precedent for anyone who wishes to defend against anonymous conjecture and character assassination.”

The most serious finding involves an allegation that Caldwell told a female staffer during an April car ride that she, a younger friend and other successful women needed men who could help them, “but you young women are looking for young sperm.”

Caldwell categorically denies making the statement.

His lawyer noted that a New Jersey State Police trooper assigned to Caldwell’s security detail was also in the vehicle and did not hear the alleged conversation. The report also states there is no recording, text message, email or other contemporaneous evidence showing the statement was made.

Investigators found the staffer credible and concluded that Caldwell’s remark constituted sexual harassment under state workplace policy.  The woman said she took a photograph of a nearby statue to timestamp the incident; investigators examined the photograph and its metadata and said they corroborated the date, time and location.

Caldwell’s attorney said the photograph establishes only that someone took a photograph at a particular date and time, not that the person was with Caldwell or what was said.

“And when the analysis came down to credibility determinations, about what was or wasn’t said between two people, the accuser’s motives were never tested and the Lieutenant Governor’s and other eyewitnesses’ accounts were discounted if not entirely disregarded,” Calcagni said.

Caldwell is also disputing a finding that he violated ethics rules by bringing personal guests to ticketed events without paying or reimbursing their admission.

Caldwell does not dispute his responsibility to understand and follow state ethics rules, but his lawyer questioned whether the circumstances support a finding that he intentionally misused his office.  After learning that reimbursement was appropriate in one instance, Caldwell paid $175.

“There is a meaningful difference between making a good-faith error when analyzing the regulations and deliberately using public office for personal benefit.”

The report also found that Caldwell violated ethics rules by using his office to advocate for a promotion for a state employee with whom he had a romantic relationship without disclosing that relationship.

Caldwell’s lawyer acknowledged that he forwarded the woman’s résumé but argued that the evidence does not establish that Caldwell used his office to obtain a government benefit for her.

“The report cites no evidence indicating that Dr. Caldwell ordered anyone to promote her, or controlled the hiring decision or demanded that she receive a new position,” Calcagni said.

He noted that “she did not receive a promotion, a raise or any other State benefit and ultimately left State government.”

“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.

Caldwell maintains that if he had been told disclosure or recusal was required, he would have followed that guidance.

Investigators found that Caldwell verbally advocated for the woman’s promotion and, four days after he was formally notified that he was under investigation, used his state email account to contact another administration official and again suggested that she be promoted.  Caldwell acknowledged to investigators that he had not disclosed the romantic nature of their relationship.

Calcagni closed his statement with a broad attack on the investigation and the weight investigators gave to Caldwell’s accusers.

“The Lieutenant Governor participated in the investigative process faithfully to the limited extent permitted, expecting a genuine truth-seeking inquiry,” he stated.  “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.”

Sherrill, meanwhile, has called the investigation “thorough and impartial” and said Caldwell’s substantiated conduct included serious and repeated violations of state policy.

Caldwell, who was elected alongside Sherrill last year and also serves as Secretary of State, cannot simply be dismissed from his elected post as lieutenant governor.  If he refuses to resign, the state could face an unprecedented confrontation over how to remove a sitting lieutenant governor.