CALIFORNIA FOCUS
FOR RELEASE: FRIDAY, FEBRUARY 11, 2022, OR THEREAFTER
BY THOMAS D. ELIAS
“TIME TO STOP THE WORSENING
REVOLVING DOOR”
The
federal government has rules designed to put a crimp in the revolving door
phenomenon that sees former government regulators often take high-paying jobs
in industries whose profits and incomes they once influenced.
Many
agencies – like the Food and Drug Administration and the Federal Energy
Commission, to name just two – enforce five-year waiting periods before onetime
officials can take high-paying jobs with companies they formerly regulated.
That’s to
protect consumers from so-called “regulatory drift,” where political appointees
know as they make key decisions that high-paying industry jobs will soon be
theirs for the taking so long as they vote the “right way.”
Things
are very different in California, where members of boards like the Public Utilities
Commission (PUC) and the Air Resources Board often exert more power over big
companies than their federal counterparts. They make billion-dollar decisions
affecting millions of people who buy products like cars, natural gas,
telephones and electricity.
One
recent example of the revolving door came when former PUC member Carla
Peterman’s term expired in 2018 and she took a high-paying job as a Southern
California Edison Co. vice president. This, after spending six years helping
determine the electric firm’s rates, profits and the penalties it paid for fires
it helped start. A couple of years later, she moved to Pacific Gas &
Electric in an even higher salaried job.
She was
far from the first commissioner to make such a shift. As far back as the 1970s,
onetime PUC President John Bryson moved to Edison after his term expired,
making exponentially more money after becoming the company CEO. Bryson
eventually became ex-President Barack Obama’s commerce secretary.
The
revolving door can move in the other direction, too, as when the former top
Edison executive Michael Peevey became PUC president under ex-Govs. Arnold
Schwarzenegger and Jerry Brown. Peevey presided over several scandalous
decisions favoring his former employer, including the 2014 ripoff of Edison and
San Diego Gas & Electric customers after the San Onofre Nuclear Generating
Station had to close because of an Edison blunder. That decision – foisting
most of the closing costs onto consumers – was so bad it was later rewritten to
give customers a better deal.
Now comes
a different form of the revolving door. This time, it involves a state
legislator. Lorena Gonalez, the recently-resigned Democratic assemblywoman from
San Diego, left her $114,000-a-year post to become head of the California Labor
Federation, with a pay increase of at least $49,000.
Gonzalez
spent her entire eight-plus years in the Legislature carrying water for
organized labor. She authored the ill-fated 2019 law known as AB 5 that aimed
to force rideshare drivers for companies like Uber and Lyft into unions. That
law had the side effect of wrecking the careers of thousands of other contract
workers who never wanted to become regular employees and lost their freelance
gigs.
As chair
of the Assembly Appropriations Committee, Gonzalez shaped scores of other
decisions favoring the interests of big labor over employers of all kinds and
sizes.
Now she’s
made it official. Gonzalez, once a labor leader in San Diego County, would have
been termed out in just under four years. Now she’ll have no time limit or term
limit. There will be no more potential conflicts of interest, as she will
openly advocate for the 1,200 unions in the labor federation.
The
question raised by all this is the same one that led to the federal waiting
periods (which do not apply to members of Congress who often morph into
big-money lobbyists). Do regulators and in some cases legislators make
decisions based on what’s good for the public or are they really working all
along for organizations and interests where they know high-paying jobs await
them?
Because
such arrangements are always made confidentially, the public has no way to know
which regulators are responding to future payoffs and which are honest. This
gives all government regulators a bad name.
What’s
very clear is that at the very least, California needs waiting periods that
approximate what the federal government imposes on its former officials. And
any new rules should apply not merely to appointed commissioners, but to
ex-legislators as well.
-30-
Email Thomas Elias at tdelias@aol.com. His book, "The Burzynski
Breakthrough: The Most Promising Cancer Treatment and the Government’s Campaign
to Squelch It," is now available in a soft cover fourth edition. For more
Elias columns, go to www.californiafocus.net
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