Rice said that Cerf misled him about his relationship with Newark Mayor Cory Booker, who has admitted to using Cerf as an informal adviser Watch video
TRENTON — State Sen. Ron Rice is no longer a potential problem on Chris Cerf’s road to becoming New Jersey’s next education commissioner.
He’s now an outright road block.
Rice (D-Essex) said he will invoke one of the Legislature’s oldest and most effective prerogatives by exercising senatorial courtesy, a maneuver that allows senators to block gubernatorial nominees who reside in their home districts or counties without giving reason for their disapproval.
Rice fired a warning last week when he said he would use the privilege against Cerf unless Cerf agreed to appear before the Joint Committee on the Public Schools, a legislative panel that Rice chairs and includes state senators and assemblymen.
Rice said then that Cerf, whom Gov. Chris Christie named acting education commissioner in December, misled him about his relationship with Newark Mayor Cory Booker. The mayor has said Cerf served as an informal adviser to him.
According to Rice, Cerf said he did not know Booker when obviously he does. Rice is concerned Cerf has already advised Booker on several controversial issues such as vouchers and charter schools.
Rice now says he is invoking his senatorial privilege no matter what Cerf does.
"Acting Commissioner Cerf prevaricates. He doesn’t tell all truths," Rice said. "He may be here now, but he can’t stay forever, and he will not be permanent at this point. The governor will have to find someone else."
A spokesman for the governor’s office stood behind the nomination and blamed Senate Democrats for blocking it. Cerf could remain acting commissioner for the duration of Christie’s term as governor and would have all the same legal rights and responsibilities as a permanent commissioner.
"Senate Democrats need to stop with the nonsense and work out the dysfunction in their caucus that is obstructing the confirmation process for Mr. Cerf, a highly qualified nominee, from moving forward," Christie spokesman Kevin Roberts said.
Cerf denied misleading Rice about his relationship with Booker, saying he and the senator have had several "open and candid conversations about a range of issues."
"I have always been forthright with the senator," Cerf said.
State Sen. Joseph Kyrillos (R-Monmouth), a member of the Judiciary Committee, said Cerf’s "acting" status will not impede the governor’s education reform effort, which includes tenure reform, merit pay and expansion of school choice. He also suspects Rice will re-consider his decision.
"Cerf is very able and well regarded, and I hope in the fullness of time, Ron will reconsider (Cerf’s) abilities to help kids in Newark and everywhere get the fairest chance in life," Kryillos said.
Some education experts say this latest scuffle adds to the confusion and contention that already surround some of the governor’s education reform plans. Joseph DePierro, dean of Seton Hall University’s College of Education and Human Services, said not approving Cerf will "impede" the governor’s proposals from being successful.
"You have to keep in mind, we have one commissioner who was fired, and now we have another one whose appointment is in dispute," DePierro said, referring to former Commissioner Bret Schundler who was let go by Christie last year. "That does not spark confidence in Christie’s educational agenda, especially in terms of his method."
Rutgers-Newark law professor Paul Tractenberg said Cerf finds himself under a "big cloud" that is "at least partly of his own making." It’s as if the state is lurching from one commissioner of education crisis to the next, Tractenberg said.
"The cumulative effect starts to weigh on people," Tractenberg said. "Here is someone who can’t hold a commissioner, or get a commissioner to do the job in a way the Senate thinks is appropriate. It raises questions about what’s going on with education in New Jersey."