California’s Fair Political Practices Commission will consider this Thursday whether to sue Department of Corrections and Rehabilitation Secretary Matthew Cate, court-appointed prison health care receiver J. Clark Kelso and others to force them to adopt a conflict-of-interest code for receivership workers.
Kelso runs the prison health care system at the behest of Senior U.S. District Judge Thelton Henderson, who found years ago that California had failed to clean up decades-old neglect and abuse that amounted to unconstitutionally cruel and unusual punishment. As a judicially appointed overseer, the receiver has resisted state regulation and oversight lest his efforts get bogged down in the very bureaucracy it was intended to bypass; he files detailed reports on his work to Henderson periodically, even as he’s gotten into a series of dustups with state officials over the limits of his authority.
But the FPPC is responsible for making sure all agencies in California have conflict-of-interest codes defining which of their employees must file the “Form 700” statement of economic interests, and how much must be disclosed on that form. State law requires this so decision-makers aren’t affected by personal interests when they make public policy.
Irrestistable force, meet immovable object. Lawsuit time!
The FPPC is scheduled to take up the matter in closed session after its regularly scheduled meeting Thursday; FPPC executive director Roman Porter told me today there’s no other publicly available information on this. The FPPC doesn’t usually sue until behind-the-scenes negotiation has proved fruitless; Porter won’t say, and I’m awaiting a callback from Luis Patino, Kelso’s spokesman.
UPDATE @ 4:29 p.m.: Kelso’s office says most receivership staffers already file Form 700, but this dispute was over a Construction Oversight Advisory Board and a Rehabilitation Services Advisory Council – the former of which met twice, the latter never – which since have been disbanded, rendering any potential litigation moot. Read Kelso’s verbatim statement, and the FPPC’s reaction, after the jump…