TYC Scandal: Why Jay Kimbrough Is The Wrong Person For The Conservator’s Job

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When a conservator for a state agency is appointed, it is because that agency is having significant problems. In the case of the Texas Youth Commission, these problems are significant and range from sexual and physical abuse to a cover-up that appears to reach toward the highest levels.

So, after a month of sitting around and doing nothing and flying off to Dubai, Rick Perry finally decides the TYC is so troubled that it needs a conservator. Yet, instead of appointing someone to the position who would have bi-partisan credibility,  he decides that Jay Kimbrough is the
best person for the job. A big, big mistake, given who his paymasters have been of late.
Here is what House Democratic Leader Jim Dunnam had to say on this:

[T]he Governor still does not recognize that the Conservator must be independent and autonomous. Perry’s decision to appoint his long time friend and insider, Jay Kimbrough, provides the public with a clear understanding that the Governor has no interest in really getting to the bottom of what really went wrong at TYC and who allowed it to happen.”

That Kimbrough is the man with his hand on the chicken switch (so to speak) could lead one to believe that this is nothing more than a furtherance of an already existing cover-up because Kimbrough is so close to the major players: Perry, AG Greg Abbott, and others.

Kimbrough was a senior administrator in Perry’s office when TYC issues were being revealed to that office. He was also a senior administrator with the Office of the Attorney General when that office was made aware of sex abuse at TYC.

And, of course, Kimbrough has been paid well for his work:

Mr. Kimbrough has been paid almost $800,000 by the State of Texas just since 2002. Kimbrough was being paid by the Governor when Perry’s office first learned of the Ranger investigation. Kimbrough was with the Governor when his office learned that prosecutions were not moving forward. Kimbrough was with the OAG when that office, through one of Kimbrough’s subordinates, learned of the Ranger’s report. In short, Kimbrough’s employment has followed almost the same path as the revelations. For him now to be charged to investigate who knew what and when is directly in conflict with the independence a conservator and TYC need.

More about Kimbrough can be found in this handy little timeline, which also details what he has been paid and by what state agencies.

It may surprise you to learn that:

* February 23, 2005: Ranger Brian Burzynski begins his investigation. His superior is headquartered in Midland, Texas.
* March 9, 2005: Governor’s aide Alfonso Royal gets Ranger’s notes. In March 2005, Kimbrough is being paid $10,500.00 per month by the Governor’s office.
* June 2005: Perry’s office is advised that prosecutions regarding West Texas School are not progressing forward. In June 2005, Kimbrough is still on the Governor’s payroll.
* July 28, 2005: US Department of Justice declines to prosecute regarding the West Texas School.
* February 21, 2006: Texas Attorney General’s Office Attorney William Tatum – a subordinate of Jay Kimbrough – receives the actual Ranger’s report. According to state
pay records, on February 21, 2006, Kimbrough is being paid over $12,000 per month by the Texas Attorney General’s Office. [Note: On March 26, 2007, Kimbrough told the
House Corrections Committee "I think I went back with the AGs office to June 2006", omitting that Kimbrough was actually with the OAG and over Tatum's Division at the
time Tatum received the report and reported it to his superior.]
* October 30-31, 2006: Royal receives another copy of Ranger’s report.
* March 2, 2007: Legislative Audit Committee votes that Perry should appoint a TYC Conservator.
* March 2, 2007: Kimbrough is appointed Special Master by Rick Perry.
* March 6, 2007: Kimbrough orders law enforcement agents to TYC and begins directing investigations.
* March 19, 2007: Texas Attorney General’s Office and Legislative Council testify to the that House Corrections Committee that there is no such thing as a Special Master.
* March 26, 2007: To the House Corrections Committee, Kimbrough admits he has no authority and is questioned about his employment history.
* March 28, 2007: Kimbrough is named by Perry as Conservator.
• Since 2002, the State of Texas has paid Jay Kimbrough more than ¾ of a million dollars ($773,138.93). This figure includes salary, longevity pay, mileage, and reimbursements.
• For FY 2006, the state paid Mr. Kimbrough $152,552.70. Of the total amount for 2006, $144,259.04 came from Greg Abbott’s Office of the Attorney General. The remaining $8,293.66 came from the Texas A&M System.
• For FY 2007, the state paid Mr. Kimbrough $114,277.16 through March of 2007, the entire amount coming from the Texas A&M System [Note FY does not end until August 31, 2007.]
• Since FY 2002, Mr. Kimbrough has been paid the following amounts by the following state entities: Governor Perry - $364,583.13; Attorney General Abbott - $285,984.98; A&M - $122,570.82

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Vince Leibowitz posted this article under 80th Legislature, TYC Scandal, Texas Governor on Wednesday, March 28th, 2007 at 7:49 pm You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a comment. Pinging is currently not allowed. View Technorati Linkbacks.