Bernard Gutiérrez

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]

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—who posed problems for CN throughout his and his successor's terms.[12][15]

• 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]

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]

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]

• 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]