Rice's use of 'senatorial courtesy' to prevent Cerf's nomination from being heard in the Judiciary Committee leads to squabble with Scutari
Clik here to view.
State Sen. Ronald Rice, left, is holding up the approval of acting Education Commissioner Christopher Cerf, an action drawing the ire of State Sen. Nicholas Scutari, right.TRENTON — A squabble between two Democratic state senators is delaying the approval of Acting Education Commissioner Chris Cerf and keeping him from testifying at the education committee in the interim.
Cerf, who was nominated by Gov. Chris Christie in December, has yet to be given a hearing by the Judiciary Committee, which reviews all of the nominations that must be approved by the Senate.
That is because Sen. Ronald Rice (D-Essex) is using a practice called "senatorial courtesy" to prevent Cerf's nomination from being heard in the Judiciary Committee.The senator who represents a nominee or resides in the same county can use the practice to hold up an appointment indefinitely. Cerf resides in Montclair, in the same county as Rice.
Rice said he's withholding his support until Cerf appears before the Joint Committee on Public Schools, which he chairs. Cerf was invited to appear before the schools committee today but declined.
Two sources with knowledge of the nomination process said Senate President Stephen Sweeney (D-Gloucester) insisted Cerf would jeopardize his nomination if he testified in front of any committee before appearing before the Judiciary Committee.
Judiciary Committee Chair Sen. Nicholas Scutari (D-Union) says Senate procedure gives his committee the first bite at the apple.
"He could appear anywhere he wants," Scutari said. "The process is that when you have a title of 'acting', the first place you go is the Judiciary Committee."
Scutari said if Rice would remove his objection, Cerf could get a hearing before the committee as soon as March 10. And Scutari is hopeful that the two senators will be able to come to an agreement this week.
But Rice doesn't plan on ceding ground.
"I'm a state senator too," he said. "I'm getting a little pissed with this whole thing."
At the beginning of the Joint Committee on Public Education today, Rice commented on Cerf's absence.
Rice said that in speaking with Cerf the commissioner indicated that he would be willing to testify before the committee.
"He wanted to come before the committee," Rice said. "It's his concern from others, not in the administration, more so in the Legislature."
Rice said he wasn't going to follow "rumors" about Cerf declined to testify.
"I do know, for the record, I'm a state Senator and i'm not subordinate to anyone," Rice said. "I've said it many, many times over the years. Some understand it and some don't."
Christie spokesman Michael Drewniak said the disagreement is between Democrats and doesn't include the administration.
"I’m sure Senator Rice understands that his demand puts the acting commissioner in an untenable position," Drewniak said. "This is not a problem of our creation, and we hope the Senate Democrats can work it out between them so we can get the nomination process moving on this highly qualified nominee."
By Ginger Gibson and Chris Megerian/The Star-Ledger
Previous coverage:
• Braun: Cerf having anything to do with a private firm that backs charter schools for Newark looks bad
• Acting N.J. education chief Cerf revises account of ties to consulting firm
• Acting N.J. education chief to announce plans for sweeping legislative reform of teacher tenure
• N.J. education chief nominee Christopher Cerf calls for reform of state's worst schools
• Educators, politicians praise Gov. Christie's choice for N.J. education commissioner