That would be a convenient excuse, today. But Reiner was appointed by Gray Davis in 1999; his term expired in 2003.
Here is what the statute says:
130115. The Governor shall appoint three members of the state commission, one of whom shall be designated as chairperson. One of the Governor's appointees shall be either a county health officer or a county health executive. The Speaker of the Assembly and the Senate Rules Committee shall each appoint two members of the state commission. Of the members first appointed by the Governor, one shall serve for a term of four years, and two for a term of two years. Of the members appointed by the Speaker of the Assembly and the Senate Rules Committee, one appointed by the Speaker of the Assembly and the Senate Rules Committee shall serve for a period of four years with the other appointees to serve for a period of three years. Thereafter, all appointments shall be for four-year terms. No appointee shall serve as a member of the state commission for more than two four-year terms.
If Reiner's term expired in 2003, how does he hold office (and draw a salary, etc.)? Did Arnold re-appoint him? Although the statute is valuable background for analysis, isn't it possible that Arnold is letting Reiner twist in the wind, as part of his motivation for inaction?
Regardless, I'm disappointed that Arnold hasn't even managed a tepid statement like, "these are serious allegations deserving a serious response from Mr. Reiner." But no. Off at a bodybuilding contest or something, leaving BustaMecha in charge, technically.