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Kimbrough: No authority to make changes at TYC
March 26, 2007

Gov. Rick Perry's appointed special master to investigate the troubled Texas Youth Commission said Monday he's not authorized to order changes but is acting as a vocal advocate to overhaul the agency. "I ain't got no statutory anything," Kimbrough said.

Written by Jim Vertuno, Houston Chronicle/AP

AUSTIN — Gov. Rick Perry's appointed special master to investigate the troubled Texas Youth Commission said Monday he's not authorized to order changes but is acting as a vocal advocate to overhaul the agency.

"The governor asked me to help and I'm helping," Jay Kimbrough told the House Corrections Committee. "My Constitutional authority is the First Amendment. I'm talking and I'm trying to help."

Kimbrough's role in the investigation has been a contentious issue for some legislators since he was appointed "special master" to oversee the investigation by Perry on March 2.

Some lawmakers want the agency run by a conservator, whose powers and duties are outlined in state law whereas a special master's are not.

To stir the pot, the committee approved a bill to appoint a conservator and sent it to the full House, where its future is uncertain.

Perry appointed Kimbrough to lead a "sweeping investigation" of TYC policies and procedures, reports of failures and wrong-doings by commission staff and specific instances of abuse. He is to report directly to Perry and to the Legislature.

"Kimbrough's not carrying a badge or ordering law enforcement to do this or that," said Perry spokesman Ted Royer. "He is the point man that is making sure that nothing falls through the cracks."

Kimbrough is an ex-Marine and former member of Perry's staff whose swashbuckling style — he rides a motorcycle — and straight talk with reporters has made him one of the most visible players in the probe into alleged sexual abuse and cover-ups within the agency.

For example, it was Kimbrough who announced that law enforcement officers were sent to agency headquarters and facilities in the first wave of the investigation on March 6.

And it was Kimbrough who announced last Friday that a special panel would review cases of TYC inmates and recommend whether they should be freed.

Kimbrough told lawmakers Monday he is "trying to be a coordinator, facilitator, an idea guy," and his investigation is empowered by Perry's appointment.

"I ain't got no statutory anything," Kimbrough said.

A history of disputes with Democrats from his days on Perry's staff and even Republicans' frustration with the situation at TYC have led several lawmakers to challenge Kimbrough on what his role is and should be.

"We now know Mr. Kimbrough doesn't have any authority to do anything," said Rep. Pat Haggerty, R-El Paso.

Technically, the former members of the TYC board of directors passed all decision-making authority to acting executive director Ed Owens, who worked at the Texas Department of Criminal Justice until Perry put him in charge of the juvenile justice system the same day he appointed Kimbrough.

Owens prepared the agency rehabilitation plan and he also has the authority to hire and fire agency personnel.

Kimbrough told lawmakers his investigation has given them valuable information they will use to revamp the agency, work that "I would suggest if not for us, would not have been done."

Some of Kimbrough's ideas for change track what lawmakers want to do: getting more guards in TYC prisons, creation of a better inmate grievance process and improve inmate medical care.

Kimbrough said it was also his idea to have the inmate review panel that was announced Friday.

Also on Monday, several committee members were frustrated that members of Perry's staff and the attorney general's office have not appeared to testify about what they knew of allegations of abuse and when.

Rep. Jim Dunnam, D-Waco, has questioned whether Perry's office or the attorney general's office should have done more to get the investigation going earlier.

Dunnam pressed chairman Jerry Madden, a Plano Republican, to allow the committee to issue subpoenas to bring witnesses to the committee or go into a private session to discuss details of the case.

Madden refused to consider subpoenas but said he would consider holding a closed-door meeting at a later date.

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