Text of CIRM Response on the Weakening of Financial Disclosure Requirements

Posted: April 29, 2012 at 3:59 pm


On April 24, the California Stem Cell
Report
asked the state stem cell agency about its proposed changes
in its requirements for financial disclosures from its officials.
Here are the key elements from that query with the stem cell agency's
response following.
The agency was invited to respond to
the following: "The new code appears
to give discretion to the employee to determine what enterprise is
'the type to receive grants or other monies' from CIRM. Additionally,
it would not appear to require disclosure of an investment with or
income from, for example, Kleiner Perkins, which is a major investor
in iPierian, which holds $7 million in CIRM grants and could well be
a future applicant...(T)he weakening of the code comes at a time when
the agency is moving to cozy up to industry and looking to raise
funds to continue its existence, all of which raises even greater
conflict of interest issues than earlier in CIRM's existence."
Here is the text of the response April
25 from Kevin McCormack, CIRM's new senior director for public
communications and patient advocate outreach.

"In answer to your question, we
are proposing changes to the Conflict of Interest Code based upon
recommendations from the California Fair Political Practices
Commission (FPPC). The Political Reform Act requires state
agencies like CIRM to review their Conflict of Interest Codes every
two years.  The FPPC, which is charged with enforcing the
Political Reform Act, is responsible for reviewing and approving
CIRM's Conflict of Interest Code.  In preparation for this
review, CIRM's counsel met with the FPPC staff who suggested the
proposed amendments which are the subject of the upcoming Governance
Subcommittee meeting.  The proposed amendments to CIRM's
Conflict of Interest Code are consistent with the FPPC's position
that agencies should tailor their disclosure categories to type of
work performed by the agency.  For example, CalPERS's
conflict of interest code requires CalPERS officials to disclose
investments in, and income from, entities that are of the type with
which CalPERS contracts and entities in which funds administered by
CalPERS could be invested.  Likewise, the State Board of
Education requires its members to disclose investments, business
positions, and income from a publisher, manufacturer, or vendor of
instructional materials, or services offered to educational
institutions in the State of California and investments, positions of
management and income from any private school in the State of
California.  Similar to these codes, the FPPC proposed that
CIRM's Code be tailored to the nature of CIRM's work.  Thus,
the FPPC proposed that CIRM require its board members and high-level
employees to disclose investments in, and income from, entities that
are of the type with which CIRM would contract or from which CIRM
could procure goods or services as well as investments in, and income
from, biotech and pharmaceutical companies.  Because these
are the types of entities that are likely to create potential
conflicts of interest, we believe the disclosure categories are
appropriate.  It is important to remember, however, that
this is a preliminary proposal.  CIRM will seek input from
the Governance Subcommittee, the Board, and members of the public
before seeking approval of the amendments."

Source:
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