TYC Scandal: Perry Names Conservator For TYC, But The Bad News Is That It’s Kimbrough

The good news is that Texas Governor Rick Perry has finally named a conservator to take over operations of the troubled, sex-scandal plagued Texas Youth Commission.

The bad news is it that it is Jay Kimbrough, the same man he appointed Special Master over the Commission less than a month ago.

Kimbrough, who sent dozens of law enforcement officers to Commission facilities earlier this month to sieze documents that could help show if a cover-up was in play, took the reins of his new position with an Eric Cartman-esque, “Respect My Authoritah” gusto:

“This provides me with the authority to take immediate action and I will,” Mr. Kimbrough said. “I am the conservator; I am the person who drives the ship at that agency.”

“I am the conservator?” Sounds a lot like, “I am the decider” if you ask me.

This is all part of a fancy-pants “surprise compromise” announced today by Perry, Lt. Governor David Dewhurst, and House Speaker Tom Craddick which will also ultimately lead to the Commission being operated by a single commissioner and a Senate-confirmed advisory board.
I don’t quite share Senator John Whitmire’s optimism, however:

“This is a giant step in reforming the TYC,” said Sen. John Whitmire, the Houston Democrat who chairs the Senate Criminal Justice Committee. “It also demonstrates we’re all on the same team.”

The House and Senate have been screaming for a conservator for a month. And, questions have been raised about whether or not Perry even had the constitutional authority to appoint Kimbrough as an hybrid “special master” as he did. And, of course, since Kimbrough as a former Perry staffer and Assistant Attorney General, has been involved in many partisan scuffles including trying to track down quorum-busting Democrats in 2003, there is the issue of Kimbrough’s fitness for the position to consider.
Of course, Perry didn’t want a conservator seven days ago. Then, he came back from Dubai and decided he did. Flip. Flop. Here’s some scuttlebut on that:

Mr. Perry, who said as recently as last week he didn’t think it made sense to appoint a conservator, shrugged off questions about why he had the change of heart.

“The fact of the matter is, it’s time now to put a conservator in,” he said. “The Legislature has gone through a process that this is the right thing to do, that this is the right time.”

I believe there are multiple reasons Perry finally decided on a conservator. Number one, I believe he and his staff were sincerely afraid that the whispers of “impeachment” in the halls of the capitol could become a reality, especially if the special master appointment was unconstitutional.

Second, I believe that Perry realizes that Kimbrough is in a much better position to cover the Executive Branch’s ass as Conservator. As Conservator, he has ultimate control. Thus, whatever coverups had been in place could easily be continued to some degree to minimize the damage the scandal has done to Perry and the Republicans.

Finally, I believe Perry realized he was at risk of a face-off with the Legislature. And, the strong wills of the Lege are no match for Perry.

Perry should have appointed a conservator from the get-go. Now that he has, it is probably a good thing with a bad appointee holding the chair.

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