“If true, and if not true, it still requires a response from the commission because the commissioners have legislative responsibility and authority to address these kinds of concerns,” Holden said. “Most importantly, the commissioners believe in the due process requirements for all concerned.”
This comes as state lawmakers are mulling a bill that would, in part, give Gov. Phil Murphy the power to single-handedly appoint an entirely new ELEC board, a move intended to allow the Murphy administration to oust Brindle. The Senate approved the bill Monday, and it now awaits approval by the Assembly.
The Murphy administration’s clash with Brindle stems from an Oct. 11, 2022, email Brindle sent to an unknown commission employee about National Coming Out Day.
“Are you coming out? No Lincoln or Washington’s Birthday’s [sic] but we can celebrate national coming out day,” Brindle wrote, according to a copy of the email obtained through a public records request.
The state’s probe of the email stretches back to at least Nov. 4. The state Office of Equal Employment Opportunity received a complaint about Brindle’s “inappropriate comments of a homophobic nature,” interviewed an unidentified staffer, and reviewed the email sent by Brindle, according to a Nov. 4 letter obtained by the New Jersey Monitor.
Brindle’s email “on its face” is a violation of the state’s anti-discrimination policy, according to the letter, which is four pages and heavily redacted.
The letter was sent to ELEC commissioners on Nov. 14, according to emails reviewed by the New Jersey Monitor.
At Tuesday’s meeting, Holden said commissioners told Murphy administration officials they would “handle the allegations and make a decision.” They received a report with underlying facts less than two weeks ago, he said.
He said next week’s hearing would include testimony, an analysis of documents sent from Murphy’s office, and an examination of whether Brindle should face any discipline.
“That, I think, is consistent with our statutory responsibility. It’s consistent with our due process obligations. And it’s consistent with our ongoing efforts since we’ve been here to maintain the independence and bipartisanship and transparency of the things that are undertaken by the commission,” Holden added.
Brindle, who has worked for the Election Law Enforcement Commission since 1985 and been at its helm since 2009, claims in a lawsuit that Murphy and his aides are conspiring to interfere with the independence of the commission and seeking a way to get rid of him.
He alleges that the governor’s aides confronted him with the email and threatened to publicize it if he didn’t step down.
The public hearing will take place Tuesday at 1 p.m. at the commission’s office in Trenton.
The governor’s office declined to comment. The commission’s attorney did not immediately return a request for comment.
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