TRENTON — Acting Education Commissioner Christopher D. Cerf's nomination is being stalled by a squabble among Senate Democrats over which committee should get the first crack at interviewing him. Cerf, who was nominated by Gov. Chris Christie in December, cannot be given a hearing by the Judiciary Committee, which reviews all of the nominations that must be approved by...
State acting Education Commissioner Chris Cerf speaks at the Lewis Library at Princeton University in this February file photo.TRENTON — Acting Education Commissioner Christopher D. Cerf's nomination is being stalled by a squabble among Senate Democrats over which committee should get the first crack at interviewing him.
Cerf, who was nominated by Gov. Chris Christie in December, cannot be given a hearing by the Judiciary Committee, which reviews all of the nominations that must be approved by the Senate, until Sen. Ronald Rice (D-Essex) approves his application.
Rice is withholding Cerf’s approval by executing "senatorial courtesy," the ability for a senator to delay indefinitely approval of a nominee they represent or who lives in their county. Cerf resides in Montclair.
Rice is demanding that Cerf appear before the Joint Committee on Public Education and sit down for a meeting with him and the governor before he’ll sign off on the nomination. Rice said while the two are likely to disagree, this may be his only opportunity to question Cerf on education issues.
Cerf declined to appear at a meeting Monday.
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, and he won’t sign off on Cerf’s nomination until his requirements are met.
"I’m a state senator too," he said. "I’m getting a little pissed with this whole thing."
Rice said his insistence on having Cerf come before his committee predates revelations that a company Cerf co-founded, Global Education Advisors, was hired by Newark Mayor Cory Booker develop a plan to overhaul the schools. The firm produced a controversial plan to close or consolidate low-performing, under-enrolled schools and provide space for charter and new high schools.
Rice said when he interviewed Cerf soon after his nomination, the acting education commissioner told him he didn’t know Booker or have dealings with him.
"I knew he knows Booker," Rice said. "He was one of the people Booker recommended to take the Newark school commissioner spot."
Cerf would not comment on Rice’s remarks.
"I have the highest regard for Sen. Rice and have enjoyed all of my interactions with him," Cerf said. "I believe that our convesrations have been honest and forthright in all respects."
Chrsitie spokesman Michael Drewniak refused to comment.
Rice said the conflicting comments are not the reason he is holding Cerf’s nomination, but he does expect the delay will allow time for any other problems with him to come to the surface.
"Some of this is starting to smell," Rice said.
At the beginning of the Joint Committee on Public Education Monday, 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 Sen. 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."
Chris Megerian contributed to this report.