Weeks of Dispute End; Kizer OKd as Health Chief

The Senate ended weeks of dispute over Gov. George Deukmejian’s appointment of Dr. Kenneth W. Kizer as director of the Department of Health Services by confirming Kizer on Thursday in a lopsided 30-4 vote.

Democrats’ criticism of the embattled chief of the state’s toxic waste cleanup effort yielded to what they said was the governor’s right to name his own Administration.

Senate President Pro Tem David A. Roberti (D-Los Angeles), who led the Rules Committee in two days of rough questioning of Kizer over hazardous waste cleanup policy, said during the floor debate he still believes that the Department of Health too often lands on the side of business interests, particularly owners of toxic waste dump sites, when considering public health questions.

Reflection on Credentials

But Roberti said that was more a Deukmejian Administration policy than a reflection on Kizer’s credentials to run the Department of Health Services, overseeing the expenditure of $6 billion a year.

The Democratic leader said Kizer, a UCLA-trained physician and public health administrator, brings strong credentials to the $73,780-a-year job.

Roberti also said Kizer “acted decisively” in removing contaminated foods, such as tainted Mexican-style soft cheese, from markets, and credited him with tough enforcement of nursing-home regulations.

Health Department spokesman William Ihle praised the vote. Reached by telephone in Los Angeles, where Kizer was overseeing the removal of more contaminated Mexican-style cheese from markets, Ihle said: “This lets us get on with the job of meeting the health needs of the state. We are pleased that it is behind us.”

The issue of Kizer’s confirmation went to the Senate floor without a recommendation by the Rules Committee. Originally, the committee had voted to confirm Kizer, but the recommendation was withdrawn and two days of hearings were conducted when a controversy erupted over Kizer’s handling of toxic waste issues.

During the hearings, Kizer was criticized for seeking a special U.S. Environmental Protection Agency exemption for a Monterey Park hazardous waste site. If granted, the exemption would clear the way for a commercial real estate development on the tract.

Owners of the tract contributed $19,250 to Deukmejian’s first gubernatorial campaign, but Roberti and others now say that they believe Kizer knew nothing about the contributions.

Kizer drew additional criticism for rejecting a staff report urging that the toxic pesticide aldicarb be taken off the market pending a re-evaluation of its toxicity. Critics also contended that he was dragging his feet on scheduling public hearings on toxic waste sites around the state.

Torres Cast a No Vote

Sen. Art Torres (D-South Pasadena), chairman of the Senate Toxics and Public Safety Management Committee, cast one of the four no votes.

Torres said the Department of Health Services appeared unwilling under Kizer “to take the necessary enforcement actions to make responsible parties to clean up their toxic waste.”

“There doesn’t seem to be a coordinated effort in the Department of Health Services to bring about the changes which the public demands and which we demand to bring about a safer, and healthier and environmentally protected California,” Torres said.