Economic Interest Statements of CIRM Directors Posted Online by California Stem Cell Report

Eight months ago, the only public body charged with overseeing the financial practices of the California stem cell agency unanimously recommended more openness and transparency on the part of the $3 billion enterprise.

Chaired by California's top fiscal officer, Democrat John Chiang, the Citizens Financial Accountability Oversight Committee said that CIRM should post online the statements of economic interests of its directors and top executives, following the practice of both Republican Gov. Arnold Schwarzenegger and Chiang himself.

Chiang said,

“To ensure that taxpayer dollars are spent lawfully, wisely and successfully, the stem cell program must pursue the highest standards of transparency to be fully accountable to the public.”

CIRM has all but ignored the recommendation. Instead, it has moved to prevent the committee from exercising more financial oversight of the state's unprecedented research operation.

In response to the controller's recommendation, the California Stem Cell Report is publishing online the statements of economic interest of the 29 directors of the stem cell agency along with those of some of the agency's top executives.

When Schwarzenegger announced his efforts at improving openness, he said,

“Transparency is fundamental to promoting efficiency and effectiveness in government and strengthening the democratic process by giving citizens enough information to reach their own conclusions about how their tax dollars are being spent.”

Understanding and assessing the performance of the California stem cell agency is even more critical than with most other state enterprises. CIRM holds a unique and unprecedented place in state government. Created by a $30 million ballot initiative campaign, it is isolated from the normal financial oversight functions of the governor and legislature. Its stream of income – all borrowed money(state bonds) – cannot be touched, despite California's grave financial crisis.

At the same time, CIRM is riddled with built-in conflicts of interest. Its 29-member board is
heavily influenced by directors tied to institutions that are the beneficiaries of its largess. More than $900 million of the $1 billion-plus that directors have handed out has gone to enterprises with members on the board.

None of this is going to change any time in the near future. Which makes it all the more important for the public to understand who has what at stake when it comes to giving away billions of dollars.

You can find the statements of economic interest here. Here is a link to a state document that helps to explain the nature of the information. You can find the statements of economic interest for Chiang's stem cell oversight committee on his Web site. Here is a link to the transcript of the committee's meeting last January during which questions were raised about accountability and openness at CIRM. Here is a link to the transcript of a subsequent CIRM board meeting during which CIRM President Alan Trounson described  (on p. 132) the discussion at Chiang committee meeting as a “strange critique” and “irrational attack.”  Here is a link to a piece by Los Angeles Times columnist Michael Hiltzik, who attended the meeting and wrote that the agency "has self-righteously fought every attempt to improve public oversight over its disbursement of what is, after all, the people's money."

(The statements of economic interest involving CIRM directors were provided via email by the agency at the request of the California Stem Cell Report, which the agency is required to do by law. They are also available via conventional mail from the Fair Political Practices Commission in Sacramento and in person at both agencies.)

IOM Study of CIRM to Come Before Stem Cell Directors in August

Directors of the California stem cell agency are moving forward with a proposal to commission a blue-ribbon study of their $3 billion effort by the Institute of Medicine.

The directors' new Science Subcommittee on Tuesday voted to bring the proposal, which is now connected to legislation to remove the CIRM staff cap, to the full board in August, said a spokesman for CIRM.

In response to an email query, Don Gibbons, chief communications officer for CIRM, said the panel directed the staff to “work with the leadership of the committee to develop the full scope of work for any IOM(Institute of Medicine)study.”

Gibbons also said that CIRM is seeking to verify that “this scope of work could qualify for the audit required” by SB1064 by Sen. Elaine Kontominas Alquist, D-San Jose. The bill is now on the Senate floor, clearing the Appropriations Committee Thursday on a 10-0 vote.

CIRM and Alquist negotiated a compromise on the legislation that has won the approval of the CIRM board, the first time it has endorsed legislation that would alter the agency's activities. CIRM needs passage of the bill to remove the 50-person cap on CIRM staff.

During the negotiations, proposals for independent performance audits were stripped from the bill – ones that would be conducted under the auspices of the Citizens Financial Accountability Committee, a sister panel to CIRM. As it now stands, a performance audit would be required, but it would be commissioned and paid for by the agency itself. CIRM has made it clear that it is not interested in addressing the accountability concerns raised by the citizens committee.

The bill specifies that use of the state auditor would be acceptable. However, that agency might have difficulty with evaluating the science side of CIRM's performance. The state auditor could presumably hire a consultant to assist in that area. Instead of the state auditor, the stem cell agency could contract with a private firm, which is more likely to be susceptible to suggestions from CIRM about the conduct of the performance audit.

The Institute of Medicine may well tilt to the science side of CIRM's activities with a lesser focus on whether the people of California are getting a good return on their $6 billion (including interest) investment. The institute may also be less interested in CIRM's accountability and openness than would be the case with an audit done for the Citizens Financial Accountability Oversight Committee.

Still to be determined is the cost of the performance audit and timetable. Costs in the neighborhood of $400,000 have been mentioned for a performance audit. An IOM study could run more. To be useful, an audit should be done as quickly as possible. However, it is certain to take many months or more to complete.

State's Top Fiscal Officer Lauds Disclosure Proposal Likely to Affect CIRM

State Controller John Chiang, chairman of a key panel overseeing the California stem cell agency, today praised proposed NIH financial disclosure rules that are almost certain to have an impact on CIRM, one that the agency has avoided so far.

Chiang, the state's top fiscal officer, is head of the Citizens Financial Accountability Oversight Committee(CFAOC), a sister group to CIRM and one that was also created by Prop. 71.

Chiang was commenting on the NIH's new, proposed regulations that are likely to lead to the public disclosure of the financial interests of the reviewers who make de facto decisions on $3 billion in CIRM grants. The stem cell agency has adamantly refused to release the conflict-of-interest information.

In remarks made in response to a query from the California Stem Cell Report, Chiang said,

"I applaud the NIH's proposal to improve transparency and accountability by publicly posting financial disclosure reports of scientists and researchers who receive NIH funding. In January, the Citizens Financial Accountability Oversight Committee, which I chair, voted to post our members' statements of economic interest on our website, and to urge CIRM's governing board members and staff to post the same information on the CIRM website.

"As I said at the time, Californians voted to provide billions of public dollars to find cures for chronic, debilitating and deadly diseases that affect millions of Americans each year. To ensure that taxpayer dollars are spent lawfully, wisely and successfully - and to maintain the public's confidence in their investment - CIRM must pursue the highest standards of transparency."

Although the CFAOC is a creature of the legal draftsmanship of CIRM Chairman Robert Klein and others, the agency has moved away from the panel after facing its questions. In recent legislative negotiations, CIRM representatives were successful in removing a provision that would require the Chiang panel to conduct the first-ever performance audit of the CIRM and its board of directors. Now, the bill, SB1064 by Sen. Elaine Kontominas Alquist, D-San Jose, instead contains a provision for a performance audit that would be commissioned by CIRM itself rather than by an outside group.

The CFOAC recommendations for more accountability and transparency at CIRM triggered a smattering of negative newspaper articles. Michael Hiltzik, a business columnist for the Los Angeles Times, the state's largest newspaper, said CIRM should exemplify not only good science, but good government. A scathing San Diego Union-Tribune editorial carried the headline, “Stem-cell shenanigans / Lawmakers should force state institute to shape up.”

Both Chiang and Gov. Arnold Schwarzenegger post online the statements of their top officials along with their expense claims. Chiang's listing of the material is much more user friendly than the governor's, which are harder to find and harder to navigate.

CIRM Reform Legislation Advances in Senate

Despite industry opposition, legislation aimed at improving transparency and accountability at the $3 billion California stem cell agency easily cleared its first legislative hurdle this month.

The bill, also aimed at ensuring affordability of taxpayer-financed stem cell therapies, was sent to the state Senate Appropriations Committee on a 6-0 vote in the Senate Health Committee, which is chaired by the bill's author, Sen. Elaine Kontominas Alquist, D-San Jose.

The California Healthcare Institute opposed the bill, SB1064. The biomedical industry group said the measure's requirements for affordability would create a “disincentive” to commercialization of therapies and give CIRM less flexibility.

The board of the stem cell agency is expected next week to formally ask that the bill be sent to interim study, which would effectively kill the measure for the next year or so. However, the legislation contains a rather large carrot for the stem cell agency, which is struggling with a legal cap that limits it to only 50 employees to monitor the $1 billion in grants CIRM now has out – not to mention another $2 billion that it intends to give away. The legislation would remove the staff limit, which CIRM President Alan Trounson has said is endangering the quality of CIRM work. A spending limit on administrative expenses would remain in place.

CIRM Chairman Robert Klein and a handful of his associates in 2004 wrote the staff cap into the 10,000-word ballot measure, Prop. 71, that created the agency. It was an obvious ploy to defuse potential opposition arguments that CIRM would become another large government bureaucracy. Klein led the political campaign on behalf of Prop. 71.

Earlier this year, Alquist said that she was introducing the legislation because CIRM is essentially accountable to no one. Her action followed a call by a sister organization to CIRM that urged greater accountability and transparency on the part of the agency, whose 29-member board is packed with representatives of institutions that have received the bulk of the $1 billion given by CIRM.

The sister organization is the Citizens Financial Accountability Oversight Committee and is chaired by state Controller John Chiang, the state's top fiscal officer. Chiang endorsed Alquist's legislation as did the Little Hoover Commission, a state good government agency that studied the stem cell agency. Much of the Alquist legislation is based on the findings of the Hoover Commission.

Among other things, Alquist's bill would eliminate overlapping responsibilities between the CIRM chairman and president, which have been the source of turmoil in the past. It would change the selection process for the chairman and require performance audits of CIRM and its directors. Currently, CIRM operates with unprecedented autonomy in state government. Its finances and budget cannot be touched by the governor or the legislature. Cash flows from state bonds directly to CIRM in an unfettered stream, regardless of the state's financial crisis and severe cut backs elsewhere.

According to the Health Committee staff analysis by Lisa Chan-Sawin, Alquist states that

“while stem cell research is an important and laudable goal, concerns about transparency, accountability and oversight raised by the public, the independent Citizen's Financial Accountability Oversight Committee, the Little Hoover Commission, and the State Controller detract from CIRM's ability to provide grants and loans in the most efficient way. These concerns divert resources and attention from CIRM's ability to maximize voter's investment in stem cell sciences.”

Attention Scientists: CIRM Is Changing Grant Rules

With little notice, the California stem cell agency is moving quietly to make significant changes that are likely to affect hundreds of scientists seeking a share in the $3 billion that the agency is handing out.

The matter comes under the innocuous heading of “submitting supplemental materials.” But just how successfully a competitor exploits the new procedures could have a major impact on whether his or her grant wins approval from the de facto decision makers, the CIRM grant review group.

The changes are scheduled to come up next Monday at a meeting in San Francisco of the grant group, the sessions of which are almost never attended by members of the public. The reason for the lack of attendance is that the sessions are devoted almost entirely to closed-door deliberations of applications.

However, in the case of the supplemental material matter, by law it must be considered in an open, public session. Interested parties may comment and make suggestions for changes. Although the agenda for the meeting makes no mention of the opportunity, any person or business can also send comments to the grants group in advance of the meeting and ask them to be considered.

The one-page justification for the grant application change and its provisions appears to have been posted last Thursday night (Feb. 11, 2010) on the CIRM Web site. However, no notice of the specific meeting or the proposed changes is provided on the home page of the CIRM Web site. That's in keeping with the standard practice of the agency, which tucks away notices on its Web site of its public meetings, even when they involve hundreds of millions of dollars in taxpayer funds.

This case and an earlier transparency failure involving the January CIRM board meeting followed a call last month by a key state panel for more openness on the part of the agency. The panel's recommendations appeared to have triggered two newspaper editorials and a separate column in the Los Angeles Times expressing deep concern about CIRM's lack of accountability. One editorial likened the agency to a “private fiefdom.”

As for the supplemental material plan itself, CIRM proposes a limited opportunity both in time and space for researchers to beef up their grant bids. The general idea is to provide an opportunity for submission of “critical new information” that has come up since the application was filed. It would include citations to journal publications and research “accepted for publication” but not yet published. Also to be permitted would be a single page of “preliminary data” related to the proposed project along with two letters of support for “new collaborations.”

The entire CIRM proposal can be found here.

CIRM Disagrees with Many Recommendations for More Openness

The California stem cell agency has responded to recommendations from a key state panel for more openness, accountability and transparency on the part of CIRM, indicating disagreement with many of the suggestions.

The Citizens Financial Oversight Accountability Committee on Tuesday urged CIRM to operate in a manner that would enhance its credibility and accountability. State Controller John Chiang, the state's top fiscal officer and chairman of the committee, said,

“To ensure that taxpayer dollars are spent lawfully, wisely and successfully, the stem cell program must pursue the highest standards of transparency to be fully accountable to the public.”

On the same day that the committee made its unanimous recommendations, the California Stem Cell Report asked Don Gibbons, CIRM's chief communications officer, for a reaction to the committee's move for more openness. Gibbons did not respond to that query until today. His email followed the posting of the “Stem Cell Plans Shrouded” item on this Web site.

Gibbons' email today alluded to a “statement” posted Wednesday on the CIRM Web site. The statement was not circulated as part of CIRM's email alerts and could not be found via the agency's search engine. We found it under “announcements.”

In the announcement, CIRM, among other things, challenged the CFAOC's authority to conduct performance audits. CIRM's statement said,

“Proposition 71 made a very specific and limited assignment to the CFAOC, which is comprised of individuals with financial expertise and some medical background.”

Under Prop. 71, which altered the state Constitution and state law, CIRM effectively operates outside of the normal control of nearly all normal state oversight bodies, including the governor and the legislature, which cannot touch the agency's budget, even in the current state budget crisis. Changes in the law concerning CIRM can only be made with a rare, super super majority vote of 70 percent. Changes in constititutional provisions affecting CIRM would require a statewide vote.

CIRM's carefully worded announcement said the agency “welcomes” CFAOC input. CIRM said the “broader issues are important.” It defended its processes and rejected some of the recommendations, including the identification of all applicants for public money.

CIRM also said it is engaged in a review of its “core scientific programs” by outside scientists, who will examine “the research portfolio and policies and procedures for managing that portfolio.” CIRM said,

“The review by the outside panel will be made public.”

Presumably that would include extended public sessions of the panel, but the CIRM statement stopped short of explicitly saying that.

CIRM also said its Legislative Subcommittee also will discuss transition issues related to the expected departure of Chairman Robert Klein this December. The subcommittee will hold public meetings later this year.

CIRM Oversight Panel Recommends More Accountability, Transparency at Agency

The California state panel charged with overseeing financial practices at the state's $3 billion stem cell research agency today urged it to improve its accountability and make its performance more open to the public.

State Controller John Chiang, the state's top fiscal officer and chairman of the panel, said,

“Californians overwhelmingly voted in 2004 to provide billions of public dollars to find cures for chronic, debilitating and deadly diseases that affect millions of Americans each year. To ensure that taxpayer dollars are spent lawfully, wisely and successfully, the stem cell program must pursue the highest standards of transparency to be fully accountable to the public.”

CIRM had no immediate comment on today's action.

In a news release, the controller's office said the Citizens Financial Accountability Oversight Committee voted unanimously to endorse recommendations last year by the Little Hoover Commission, the state's good government agency, to make CIRM's practices more open to the public.

Specifically, the committee cited recommendations “to improve efficiency and transparency in the way grants and loans are distributed, make future business practices more open, and use the authority of the CIRM governing board and the CFAOC to enhance oversight of the stem cell program.”

Asked for elaboration, Hallye Jordan, deputy controller, said in an email that the committee

“...formally advised CIRM to implement those proposed recommendations that need no legislative authority and support legislation where statutory changes are required. Here are the three:

“The Legislature and CIRM should improve efficiency and transparency for distributing grant and loan funds,

“The CFAOC and the CIRM governing board should use their authority to enhance oversight, and

“The CIRM governing board should begin planning for CIRM's future through an open process.”

John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca., said,

“The Little Hoover Commission’s recommendations were made after thoughtful study. Now another oversight panel has endorsed that work. CIRM would do well to listen.”

The financial accountability committee, created by Prop. 71, also voted to post its members' statements of economic interest and travel expenses on both the controller's and CIRM's Web site. The committee urged CIRM to post the same information for its directors and staff.

Both the controller and the governor post that information on their Web sites. (Here is the controller's office info and here is the governor's.)

The vote on the Little Hoover recommendations was unanimous, with Chiang, Daniel Hollander, Loren Lipson, Gurbinder Sadana and Jim Lott in favor. Daniel Brunner was absent.

The vote on posting statements of economic interests was 4-1 with Hollander, a recent appointee to the panel by CIRM Chairman Robert Klein, dissenting.

We have asked CIRM for comment on the actions. We will carry it when we receive it.

Chiang Delays CIRM Oversight Meeting

State Controller John Chiang has postponed Wednesday's meeting involving the California stem cell agency until sometime in late January.

The session of the Citizens Financial Accountability Oversight Committee was slated to discuss the recommendations by the Little Hoover Commission for changes at CIRM, among other things.

The committee was created by Prop. 71, the same measure that created the stem cell agency. The controller, the state's top fiscal officer, is chairman of the committee by state law.

A new date for the meeting is expected to be posted sooon. However, we are not likely to be carrying a notice on it since we will setting to sea in a few days and will not have access to the Internet until sometime late in January. You can find the meeting schedule for the panel and other information here.