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Bernard Gutiérrez

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In this Spanish name, the first or paternal surname is Gutiérrez and the second or maternal family name is Sanz.

Bernard Gutiérrez
Headshot of Bernard Gutiérrez
Official portrait, 2015
Member of the Chamber of Deputies
from Cochabamba
In office
18 January 2015 – 14 January 2020
SubstituteIsabel Bustamante
Preceded byApolinar Rivera
Succeeded byIsabel Bustamante
ConstituencyParty list
Senator for Cochabamba
In office
19 January 2010 – 10 July 2014
SubstituteLenny Zaconeta
Preceded bySeat established
Succeeded byLenny Zaconeta
Personal details
Born
Bernard Osvaldo Gutiérrez Sanz

(1972-01-08) 8 January 1972 (age 52)
Cochabamba, Bolivia
Political partySocial Democratic Movement (2013–present)
Alma materHigher University of San Simón
Occupation
  • Lawyer
  • politician
  • television presenter
WebsiteOfficial website

Bernard Osvaldo Gutiérrez Sanz (born 8 January 1972) is a Bolivian lawyer, politician, and former television presenter who served as senator for Cochabamba from 2010 to 2014 and as a party-list member of the Chamber of Deputies from Cochabamba from 2015 to 2020.

Though born to a well-off family from Cochabamba, Gutiérrez chose to begin working from a young age, taking jobs at local and nearby business entities throughout his teens and early 20s. A graduate of the Higher University of San Simón, he practiced law and taught as a university professor before gaining fame as host of various programs on the PAT network in the early 2000s.

In 2008, Gutiérrez was brought on to the legal team of Cochabamba Prefect Manfred Reyes Villa, who invited him to run for Senate the following year. Though operating within a fractured caucus, Gutiérrez played an active role as a member of the political opposition. He attained reelection to the Chamber of Deputies in 2014 but grew estranged from the parliamentary process, ultimately vacating his seat.

Early life and career

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Bernard Gutiérrez was born on 8 January 1972 to an affluent family from Cochabamba.[1] Despite his household's relative economic comfort—his father was a doctor for the National Health Fund and a docent at the Higher University of San Simón—Gutiérrez began working early in life. At age 12, he dropped out of school and began taking night courses in order to focus on commercial activities. By 19, he had been brought on as a manager at a company in Cochabamba, later working in sales for various local business entities. In 1993, he moved to Santa Cruz de la Sierra, where he was hired as a business manager for a company that handled the commercial operations of the Bolivian National Brewery [es].[2]

In 1995, Gutiérrez returned to Cochabamba to pursue a formal academic education.[3] He graduated as a lawyer from the Higher University of San Simón, receiving a bachelor's in legal and political science with a specialization in civil and constitutional law.[4] He later undertook a series of postgraduate studies abroad in Spain and the United States, completing a master's in business administration from the European School of Business and taking public policy courses at the universities of Salamanca and Georgetown.[5]

Gutiérrez worked as a private practice lawyer and taught academic courses on roman law and civil procedure throughout the early 2000s.[4] In tandem, he began operating in media spaces, writing as an opinion columnist for various local and national press outlets.[6] He gained national notoriety as host of the program Nuestro Derecho, which aired on the PAT network between 2004 and 2005. He followed that up in 2007 with the political analysis show Contrapeso, which he co-hosted alongside José María Leyes [es].[1][7]

Chamber of Senators

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Election

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Further information: 2009 Bolivian general election

As a natural evolution of his legal work, Gutiérrez quickly began participating in local Cochabamba politics. In 2006, he joined the Cochabamba Civic Committee as an advisor to the body's president, and in 2008, he was named general counsel to the prefecture.[8] In that role, he assisted Cochabamba's then-prefect, Manfred Reyes Villa, who at the time was facing—and ultimately lost—a recall vote against him and sought to challenge the referendum's legality.[6][9]

As a member of the prefect's legal team, Gutiérrez quickly converted himself into a close confidant of Reyes Villa. When the latter launched his 2009 presidential campaign, Gutiérrez was invited to join the National Convergence (CN) ticket as a candidate for Senate. He won the race,[1] becoming CN's lone senator for the Cochabamba Department.[10]

Tenure

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Confined to the absolute minority and limited in their ability to pass legislation,[11] many members of CN's caucus—including Gutiérrez —focused their work on parliamentary oversight, "monitoring and denouncing the [ruling party's] legislative management," as Gutiérrez put it.[12] In that regard, Gutiérrez played an active role as a member of the political opposition,[1] including serving as leader of CN's Senate caucus from 2011 to 2012. At just ten members,[13] the alliance fared better in the upper chamber than in the lower, where frequent infighting and lack of coherent leadership caused it to crumble almost immediately.[14] Even then, Gutiérrez's term in leadership consistently contended with a few renegade senators—namely Marcelo Antezana and Gerald Ortiz [es]—who posed problems for CN throughout his and his successor's terms.[12][15]

Commission assignments

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  • Chamber of Senators Directorate (Second Vice President: 2013–2014)[16]
  • Constitution, Human Rights, Legislation, and Electoral System Commission
    • Electoral System, Human Rights, and Social Equity Committee (Secretary: 2010–2013)[17][18][19]
  • International Policy Commission
    • International Economic Relations Committee (Secretary: 2014)[20]

Chamber of Deputies

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Election

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Further information: 2014 Bolivian general election

For many legislators who entered parliament at the invitation of Reyes Villa, prospects for reelection in his absence were slim.[21] The exceptions—as in the case of Gutiérrez—centered on those that adapted to the ever-changing opposition political landscape. In 2013, Gutiérrez became a founding member of the Social Democratic Movement (MDS),[22] a group led—in Cochabamba—by his old television partner, José María Leyes.[23] The party nominated Gutiérrez for reelection, and in mid-2014, he resigned his Senate seat to contest a space in the Chamber of Deputies.[8][24]

The switch from the upper to lower chamber could be construed as a regression in political influence on the part of Gutiérrez. However—in an instance of uncertainty regarding its electoral prospects in the department—it could also be interpreted as an attempt by the MDS to guarantee Gutiérrez's presence in parliament where a candidacy for a more prominent position would have otherwise failed.[25] The strategy worked, with Gutiérrez joining the small group of former CN legislators that returned to parliament waving the MDS flag.[26][27]

Tenure

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Throughout his term, Gutiérrez developed a reputation for truancy, accumulating frequent absences from legislative sessions. Between 2015 and 2016, he filed a total of forty-six leave of absence petitions, many citing invitations by the Cochabamba municipal government,[28] where his friend Leyes had been elected mayor. Gutiérrez had been part of Leyes's transition team and even considered resigning his parliamentary seat to instead join the mayor's cabinet.[29][30] Although that never came to pass,[31] he continued to make frequent trips to the city, often citing his oversight role as justification.[28]

In May 2017, an investigation into Gutiérrez's lack of attendance was opened at the Ethics Commission. The complaint accused him of benefitting from multiple approved leave requests based on false pretenses and having amassed over two weeks' worth of unapproved absences, begetting expulsion from office.[28] Shortly after the case was admitted, Gutiérrez requested and was granted approval for an extended period of leave, preventing the Ethics Commission from delivering his summons and causing the process to stall. By September 2018, Gutiérrez had been on unpaid leave for seven months and had extended it for a few more, leading officials to theorize that he intended to draw out the process until the end of the legislative term to avoid being sanctioned.[32][33]

For his part, Gutiérrez attributed his extended absence to personal, family, and health motives: "For eight years, I was constantly traveling; I didn't realize it, but this affected my nervous system." Although Gutiérrez signaled his intent to return on 21 January 2019, he ultimately never did so.[33] His substitute, Isabel Bustamante, was given his committee assignment on 24 January, and she was formally sworn in as his permanent replacement the following year.[34][35] Distanced from political life, Gutiérrez returned to private practice lawyering and is currently a partner at Prediction Point, a political consultancy firm, in addition to having taken up painting as a side hobby.[5]

Commission assignments

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  • Planning, Economic Policy, and Finance Commission
    • Planning and Public Investment Committee (2015–2016)[36]
  • Plural Economy, Production, and Industry Commission
    • Industry, Commerce, Transport, and Tourism Committee (2016–2019)[37][38][39]

Electoral history

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Electoral history of Bernard Gutiérrez
Year Office Party Alliance Votes Result Ref.
Total % P.
2009 Senator Independent National Convergence 203,041 24.55% 2nd Won [40][α]
2014 Deputy Social Democratic Movement Democratic Unity 186,346 19.50% 2nd Won [41][α]
Source: Plurinational Electoral Organ | Electoral Atlas

References

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Notes

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  1. ^ a b Presented on an electoral list. The data shown represents the share of the vote the entire party/alliance received in that constituency.

Footnotes

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  1. ^ a b c d Romero Ballivián 2018, p. 272.
  2. ^ Gonzales Salas 2013, p. 440.
  3. ^ Gonzales Salas 2013, pp. 440–441.
  4. ^ a b Nuevo Estado 2013, p. 19.
  5. ^ a b "Biografía: Bernard Gutiérrez Sanz". bernardgutierrez.com (in Spanish). Archived from the original on 2 March 2023. Retrieved 1 March 2023.
  6. ^ a b Gonzales Salas 2013, p. 441.
  7. ^ "Leyes alcalde: El MAS pierde la cuna de la 'Guerra del Agua'" [Leyes is mayor: The MAS loses the cradle of the 'Water War']. Opinión (in Spanish). Cochabamba. 29 March 2015. Archived from the original on 2 March 2023. Retrieved 1 March 2023.
  8. ^ a b "¿Quién es quién?: Bernard Osvaldo Gutiérrez Sanz" [Who's who?: Bernard Osvaldo Gutiérrez Sanz]. El Diario (in Spanish). La Paz. 5 August 2014. Archived from the original on 1 March 2023. Retrieved 2 March 2023.
  9. ^ "Ratifican a Evo Morales y revocan a Reyes Villa" [Voters ratify Evo Morales and recall Reyes Villa]. El Diario (in Spanish). La Paz. 11 August 2008. Archived from the original on 2 March 2023. Retrieved 2 March 2023.
  10. ^ Staff writer (16 December 2009). Written at La Paz. "El MAS confirma 26 senadores y 85 diputados" [The MAS obtains 26 senators and 85 deputies]. Opinión (in Spanish). Cochabamba. Agencia de Noticias Fides. Archived from the original on 4 March 2023. Retrieved 3 March 2023.
  11. ^ "Convergencia Nacional presentó 30 proyectos de ley" [National Convergence presented 30 bills]. Los Tiempos (in Spanish). Cochabamba. 25 January 2012. Archived from the original on 4 March 2023. Retrieved 3 March 2023.
  12. ^ a b Staff writer (21 January 2011). Written at La Paz. "PPB-CN califica de 'traidores' a senadores Ortiz y Antezana" [PPB-CN brands senators Ortiz and Antezana as 'traitors']. Los Tiempos (in Spanish). Cochabamba. Archived from the original on 1 February 2022. Retrieved 3 March 2023.
  13. ^ Staff writer (20 January 2011). Written at La Paz. "Bernard Gutiérrez presidirá bancada de la oposición en Cámara de Senadores" [Bernard Gutiérrez will preside over the opposition caucus in the Chamber of Senators]. Los Tiempos (in Spanish). Cochabamba. Archived from the original on 1 February 2022. Retrieved 28 February 2023.
  14. ^ "Convergencia Nacional estaría en proceso de división" [National Convergence is in the process of dividing]. El Diario (in Spanish). La Paz. 27 January 2012. Archived from the original on 4 March 2023. Retrieved 3 March 2023.
  15. ^ Mealla, Luis (16 February 2014). "Centa Rek: No hubo visión para conformar un comité político en CN" [Centa Rek: There was no vision to form a political committee in CN]. La Razón (in Spanish). La Paz. Archived from the original on 26 February 2023. Retrieved 26 February 2023.
  16. ^ "La Cámara de Senadores conformó su Directiva: Gestión Legislativa 2013–2014". Los Tiempos (in Spanish). Cochabamba. 18 January 2013. Archived from the original on 1 March 2023. Retrieved 1 March 2023.
  17. ^ "La Cámara de Senadores conformó sus 10 Comisiones y 20 Comités: Gestión Legislativa 2010–2011". El Diario (in Spanish). La Paz. 2 February 2010. Archived from the original on 16 March 2023. Retrieved 17 February 2023.
  18. ^ "La Cámara de Senadores conformó sus 10 Comisiones y 20 Comités: Gestión Legislativa 2010–2011". El Diario (in Spanish). La Paz. 20 April 2010. Archived from the original on 17 February 2023. Retrieved 17 February 2023.
  19. ^ "La Cámara de Senadores conformó sus 10 Comisiones y 20 Comités: Gestión Legislativa 2012–2013". senado.bo (in Spanish). La Paz: Chamber of Senators. 27 January 2012. Archived from the original on 14 May 2018. Retrieved 1 March 2023.
  20. ^ "Cámara de Senadores conformó sus 10 Comisiones y 20 Comités: Gestión Legislativa 2014–2015". senado.bo (in Spanish). La Paz: Chamber of Senators. 27 January 2014. Archived from the original on 29 June 2014. Retrieved 17 February 2023.
  21. ^ Romero Ballivián 2018, pp. 201, 231.
  22. ^ Staff writer (25 April 2013). Written at Sucre. "En Sucre nace el Movimiento Demócrata Social con líderes opositores" [In Sucre, the Social Democratic Movement is born with opposition leaders]. El Diario (in Spanish). La Paz. Archived from the original on 2 March 2023. Retrieved 2 March 2023.
  23. ^ "Leyes: Rebeca Delgado me ayudó en la conformación de mi gabinete" [Leyes: Rebeca Delgado helped me form my cabinet]. Opinión (in Spanish). Cochabamba. 21 June 2015. Archived from the original on 2 March 2023. Retrieved 2 March 2023.
  24. ^ Rojas, Christian (10 July 2014). "Cuatro senadores de oposición presentan su renuncia para ir a la reelección" [Four opposition senators present their resignations to seek reelection]. Oxígeno (in Spanish). La Paz. Archived from the original on 1 March 2023. Retrieved 2 March 2023.
  25. ^ Romero Ballivián 2018, p. 402.
  26. ^ Romero Ballivián 2018, pp. 48, 272.
  27. ^ "Los 23 elegidos de la 'Llajta' para la Asamblea" [The 23 elected from 'Llajta' to the Assembly]. Opinión (in Spanish). Cochabamba. 13 October 2014. Archived from the original on 2 March 2023. Retrieved 2 March 2023.
  28. ^ a b c "Diputado denunciado por abandono de funciones y usar su rol fiscalizador para licencias" [Deputy denounced for abandonment of functions and using his oversight role to request leave] (in Spanish). La Paz. Agencia de Noticias Fides. 6 September 2018. Archived from the original on 7 September 2018. Retrieved 2 March 2023 – via eju!.
  29. ^ "Leyes dice que tiene un 'plan de contingencia' si transición se estanca" [Leyes says he has a 'contingency plan' if the transition stalls]. Los Tiempos (in Spanish). Cochabamba. 18 May 2015. Archived from the original on 3 March 2023. Retrieved 3 March 2023.
  30. ^ "Pol y Gutiérrez se perfilan para gabinete municipal de Leyes" [Pol and Gutiérrez profile themselves as contenders for Leyes's municipal cabinet]. Opinión (in Spanish). Cochabamba. 18 May 2015. Archived from the original on 3 March 2023. Retrieved 3 March 2023.
  31. ^ "Autoridades posesionan a su gabinete" [Authorities swear in their cabinets]. El Diario (in Spanish). La Paz. 4 June 2015. Archived from the original on 3 March 2023. Retrieved 3 March 2023.
  32. ^ "Diputado Bernard Gutiérrez pidió licencia hasta enero de 2019 para evitar proceso en Ética" [Deputy Bernard Gutiérrez requested leave until January 2019 to evade a process in the Ethics Commission] (in Spanish). La Paz. Agencia de Noticias Fides. 7 September 2018. Archived from the original on 1 March 2023. Retrieved 3 March 2023.
  33. ^ a b "Gutiérrez está con licencia y hace plan para 2019" [Gutiérrez is on leave and makes plan for 2019]. Los Tiempos (in Spanish). Cochabamba. 12 September 2018. Archived from the original on 12 September 2018. Retrieved 3 March 2023.
  34. ^ "Diputados definen conformación de Comisiones y Comités 2019–2020, pese a pugnas en la oposición" [Despite struggles in the opposition, the Chamber of Deputies defines the formation of its commissions and committees for the 2019–2020 term]. diptuados.bo (in Spanish). La Paz: Chamber of Deputies. 24 January 2019. Archived from the original on 28 January 2019. Retrieved 22 November 2022.
  35. ^ "Juraron cinco nuevos diputados y diputadas" [Five new deputies are sworn in]. diputados.gob.bo (in Spanish). La Paz: Chamber of Deputies. 14 January 2020. Archived from the original on 19 August 2022. Retrieved 3 March 2023.
  36. ^ "La Cámara de Diputados conformó sus 12 Comisiones y 37 Comités: Gestión Legislativa 2015–2016". diputados.bo (in Spanish). La Paz: Chamber of Deputies. 29 January 2015. Archived from the original on 17 July 2015. Retrieved 22 November 2022.
  37. ^ Chamber of Deputies [@Diputados_Bol] (27 January 2016). "La Cámara de Diputados conformó sus 12 Comisiones y 37 Comités: Gestión Legislativa 2016–2017" (Tweet) (in Spanish). La Paz. Archived from the original on 23 November 2022. Retrieved 22 November 2022 – via Twitter.
  38. ^ Chamber of Deputies [@Diputados_Bol] (31 January 2017). "La Cámara de Diputados conformó sus 12 Comisiones y 37 Comités: Gestión Legislativa 2017–2018" (Tweet) (in Spanish). La Paz. Archived from the original on 23 November 2022. Retrieved 22 November 2022 – via Twitter.
  39. ^ "La Cámara de Diputados conformó sus 12 Comisiones y 37 Comités: Gestión Legislativa 2018–2019". diputados.bo (in Spanish). La Paz: Chamber of Deputies. 1 February 2018. Archived from the original on 14 February 2018. Retrieved 22 November 2022.
  40. ^ "Elecciones Generales 2009 | Atlas Electoral". atlaselectoral.oep.org.bo (in Spanish). La Paz: Plurinational Electoral Organ. Archived from the original on 31 January 2023. Retrieved 20 September 2022.
  41. ^ "Elecciones Generales 2014 | Atlas Electoral". atlaselectoral.oep.org.bo (in Spanish). La Paz: Plurinational Electoral Organ. Archived from the original on 1 March 2023. Retrieved 20 September 2022.

Bibliography

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