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The Honolulu Advertiser
Posted on: Wednesday, November 27, 2002

VOLCANIC ASH
Stand up to Gary Rodrigues

By David Shapiro

It's been a week since labor leader Gary Rodrigues was found guilty of 100 federal felony counts of fraud, money laundering and embezzlement for soliciting kickbacks and steering phony union contracts to his daughter. We're still waiting to hear words of repudiation from the politicians and fellow labor leaders who gave Rodrigues so much of the power he abused.

When pushed for comment, public officials and union chiefs who kowtowed to Rodrigues for two decades are more likely to offer him sympathetic testimonials than condemnation.

It's a sign of the misplaced loyalty that permeates Hawai'i politics. Where's the official sympathy for hardworking members of the United Public Workers whom Rodrigues plundered in his greed to amass personal wealth? Where's the support for UPW members who fear continued inappropriate behavior by Rodrigues and his hand-picked successors?

Ask a politician or labor leader about Rodrigues' conviction, and the typical response is to praise him for ably representing the lowest-paid workers in state and county government — and then express sadness that he tarnished himself with "one mistake."

Rodrigues collected one of Hawai'i's fattest labor salaries at $200,000 a year to represent those low-paid workers, which wasn't enough to satisfy his avarice. Federal prosecutors proved that he collected hundreds of thousands dollars more in kickbacks and bogus consulting contracts funneled through his daughter.

Far from "one mistake," the trial revealed a long pattern of corruption. And there were warning signs even before the federal charges were brought.

Previously, Rodrigues was accused of covering up the settlement of a sexual harassment complaint by a union secretary with whom he had an intimate personal relationship. He had a personal business interest in the company that supplied building materials for UPW headquarters on the Neighbor Islands. He used UPW employees to do construction and maintenance work on his Oregon ranch.

Rodrigues viciously attacked critics of his dealings within the union. UPW's parent union, the American Federation of State, County and Municipal Employees, whitewashed an investigation of his alleged improprieties.

All the while, political leaders heaped power on Rodrigues, appointing him to the Judicial Selection Commission, the Economic Recovery Task Force and the state Supreme Court's selection committee for Kamehameha Schools trustees. Rodrigues had virtual veto power in the state Senate.

It all served to feed his arrogant belief that he was above his membership and the law. The arrogance persists even after his conviction.

Rodrigues' lawyer didn't bother putting on a defense to dispute that his client did what the government charged. He argued that any kickbacks didn't violate federal law.

Rodrigues' bullying behavior after the verdict included threatening gestures toward prosecutors and trashing the microphone of a TV reporter, bringing an admonishment from U.S. Judge Samuel King.

Rodrigues ignored his suspension by the AFSCME and led a move to overthrow UPW's president and install his own successors.

Some union members are battling to place the UPW in receivership for fear Rodrigues is maneuvering for a retirement settlement of as much as $750,000. Rather than pay him off, the union should seek damages from Rodrigues for breach of fiduciary trust.

It's time for the politicians and labor community to put their loyalty where it belongs and get behind UPW members trying to reclaim their union.

As the federal court prepares to sentence Rodrigues, it needs to look closely at whether his continued freedom is perpetuating the misconduct he was convicted of. Bail is for criminal defendants who behave themselves. Leniency at sentencing is for those who regret their crimes and make amends.

David Shapiro can be reached by e-mail at dave@volcanicash.net.