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The executive director of the New Jersey Election Law Enforcement Commission will not face disciplinary action over an email about National Coming Out Day, following a decision on Tuesday by two commissioners that oversee the independent state agency.
Jeffrey Brindle was investigated by the state Equal Employment Opportunity Commission after a female employee complained about the email, in which Brindle wrote: “Are you coming out? No Lincoln or Washington’s birthday, but we can celebrate National Coming Out Day?”
Public records attorney C.J. Griffin also obtained other emails by Brindle and shared them with media — including several in which he commented on LGBTQ issues. Several focused on transgender identity. When state officials suggested employees add pronouns to their email signatures, Brindle sent a message to another staff member, writing “Give me a break.” He sent a message to a staff member with a link to an article about a transgender woman who impregnated fellow inmates in a New Jersey women’s prison, writing “We truly are living through insane times.”
But during the hearing before two of the three ELEC commissioners, Brindle said he had never treated anyone or said anything to his staff that could be construed as discriminatory. He said the National Coming Out Day email was meant as a joke after he received multiple copies of a state email recognizing it.
“I was annoyed at receiving these multiple emails and I believed they were intrusive and do not belong in the workplace because to me matters of sexuality are private and nobody’s business,” Brindle told the commissioners.
The employee who made the complaint did not testify. A report by the Equal Employment Opportunity Commission quoted a handful of employees who did find the email inappropriate and disrespectful, but the ELEC commissioners said that should not end a 40-year career with the state agency.
“There is no testimony in the record that there is anyone here who was not treated with fairness, dignity and respect,” Commissioner Stephen Holden said.
Brindle is suing Gov. Phil Murphy and his administration, alleging that top aides illegally tried to force him to resign and threatened to make the emails public.
Brindle’s attorney argues the governor has no authority to fire Brindle, and that the attempt to force his resignation was unconstitutional.
“The reason the governor is now speaking to remove Jeff Brindle is because Jeff has criticized the dark money, non-transparent funding that Gov. Murphy also uses in his campaigns,” attorney Bruce Afran said.
The commissioners Tuesday also declined to impose any discipline for other accusations — one involving use of masks and another for not taking a sensitivity course. They said an accusation of racism had been withdrawn.
The emails obtained by Griffin included one from Brindle to ELEC Deputy Director Joseph Donohue, with a link to a Breitbart story about a 9-year-old girl who criticized a Minnesota school board for Black Lives Matter posters in schools. He wrote, “There is hope for some of the young.”
Commissioners, however, didn’t describe the nature of the accusation of racism in public comments on Tuesday.
The Election Transparency Bill coming before the state Assembly on Thursday would raise political contribution limits and invalidate local pay-to-play restrictions in favor of uniform policies under state law. It would also shorten the amount of time ELEC has to conduct investigations about campaign finance violations, which critics say will weaken the agency.
It additionally would let the governor vacate all seats on the four-member Election Law Enforcement Commission and install replacement members, without state Senate approval. Those commissioners could potentially replace Brindle.
The state Senate passed the bill on March 20.
All three of the ELEC commissioners were appointed in 2017 by former Gov. Chris Christie. The fourth position on the commission is vacant.
After declining to take any action against Brindle, the commissioners gave some final remarks that sounded like a goodbye.
“It has been a pleasure. I leave impressed with the quality and character of the work. We never really knew or cared whether we were Rs or Ds [Republicans or Democrats], and I hope that continues,” Commissioner Marguerite Simon said.
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