Sacramento -- When Sen. Jackie Speier unveiled a strategy to force
California's politically well-connected prison guards union to redo
its costly labor contract with the state, she faced immediate opposition
from a lawmaker who is still a member of that union.
Assemblyman Rudy Bermudez, D-Norwalk (Los Angeles County), publicly
quarreled with Speier, D-Hillsborough, during a hearing earlier
this month when the Bay Area senator said she planned to ensure
the state would never "be burned again" by the kind of
contract guards received in 2002, which is doling out big raises
this year while California faces a giant budget deficit.
Bermudez said he was defending all
state employee contracts when he attacked Speier's call for the
Legislature to overturn the guards pact. But Bermudez also is a
former parole agent, who was one of those employees just two years
ago. And an amendment to the contract, created specifically for
Bermudez when he was elected in November 2002, allows him to return
to his old job once he leaves elected office in Sacramento. It's
a position that would enjoy the raises and generous pension benefits
the contract calls for.
The California Correctional Peace
Officers Association has long been one of the most powerful players
in Sacramento because of its lavish spending on political campaigns.
But a close look at the union's other connections shows a well-entrenched
special interest that is positioned to have tremendous impact on
efforts to reform California prisons, as well as affecting efforts
by Speier and Gov. Arnold Schwarzenegger to reopen the guards' contract:
-- An official who is expected to
be a key negotiator for the state if the guards' contract is reopened
said at a Senate hearing earlier this month that he may return to
a previous job at Folsom State Prison, where he would be paid under
the terms of the contract.
-- A union lobbyist who joined the state Senate as a staffer worked
on warden confirmations and at least two bills that were priorities
for the union. He left the Senate and is now back earning money
from the union.
None of these relationships seems
to violate state conflict-of-interest laws, but many government
watchers find them troubling.
"These don't appear to be legal questions, but they are legitimate
ethical issues: Where do these people's loyalties lie?'' asked Bob
Stern, executive director of the Los Angeles-based Center for Governmental
Studies.
Bermudez said he sees no reason to recuse himself from any legislative
vote on the contract, noting he has received legal advice allowing
him to make decisions on prison issues despite his past -- and future
-- job. "I was defending all contracts the state has with employees,''
he said in a later interview. "The point is, we can't go back
on contracts that have already been signed.''
While Bermudez said he represents the residents of his Los Angeles
area district, not the union of which he remains a dues-paying member,
he nonetheless took an unusually prominent role in defending the
union's contract at Speier's March 4 Senate hearing. Members of
the Assembly rarely sit in on Senate hearings.
Finance officials now say the deal, approved by lawmakers and Gov.
Gray Davis two years ago, will add as much as $2 billion to prison
costs by giving guards potentially more than 37 percent raises over
the life of the five-year pact.
Should Speier or the governor succeed in getting the union back
to the bargaining table, they will find a familiar face.
Tim Virga, a former counselor at
Folsom State Prison who was once the Folsom chapter president of
the guards union, would be a key negotiator for the state.
Virga now works for the Department of Personnel Administration,
and Schwarzenegger officials confirm he would be a negotiator for
the state in contract talks.
At the March 4 Senate hearing, Virga told lawmakers he someday might
return to his old job at Folsom, where he would work under the terms
of contract he may help redesign.
"Tim Virga has a conflict of interest,'' Speier said. "He
should not continue.''
Virga did not want to be interviewed for this story.
A spokeswoman for Schwarzenegger,
Terri Carbaugh, however, said that the governor had "full faith
and confidence in Mr. Virga,'' and that he had "great insight''
into the bargaining unit he may be negotiating with. Ryan Sherman
also had insight into the union. Sherman first went to work for
the union in 1995 and became a registered lobbyist for the prison
guards in 1999. He left his union job in May 2001 to go to work
for state Sen. Gloria Romero, D-Los Angeles.
In one example of union synergy
inside the Capitol, Sherman helped Romero carry union legislation
that would have made it difficult for private prisons -- which employ
nonunion workers -- to construct new jails in California. In an
interview, Sherman acknowledged that he wrote the bill as a lobbyist
for the union before joining Romero.
Sherman also helped Romero in her
job as a member of the Senate's Rules Committee, which among other
things has the power to OK or deny gubernatorial appointments, including
prison wardens -- a key position that has a dramatic impact on rank-and-file
union members.
During Sherman's stint with Romero,
the committee confirmed 21 wardens.
Critics of the state's prison system have long complained that the
union has used its political clout to greatly influence who becomes
a warden. Both Sherman and Romero insist that while he was working
for the senator, his loyalties were with her. "He worked for
me, not the union,'' Romero said. State records show that wasn't
always true.
According to state records, Sherman, who runs a separate political
consulting firm, was paid $500 from the union while working for
Romero. The union also spent $600 to fly him to a conference.
Since leaving Romero's staff in
November 2002, Sherman acknowledged he has done more consulting
work for the union. Sherman's interactions with the union are not
unusual. Lawmakers and their staffs are wined and dined by special
interests nightly in Sacramento. Staffers can have outside employment,
as long as their legislative duties do not have a direct economic
impact on their other employer.
And the revolving door between government
and big-time Capitol players is wide open, even under a new governor
who vowed not to be beholden to special interests. Consumer groups
howled when Schwarzenegger chose a Chamber of Commerce lobbyist
and an executive for an HMO to be key members of his inner circle,
for example.
Stern, the good-government watchdog, noted there's nothing inherently
wrong with politicians employing people with the same beliefs who
happen to have worked for industries or causes that are affected
by decisions made in the Capitol.
Union critics, however, say the
union, through its contributions and personal connections, has unfair
clout in Capitol discussions involving crime and punishment.
Sherman said he didn't talk that much with union leaders while working
in the Senate.
"I had a pretty clear understanding of what (the guards union's)
interests were,'' he said.
E-mail Mark Martin at markmartin@sfchronicle.com.
©2004 San Francisco Chronicle