DFL rift exposed in fight between AG's office, union

The state's largest public employees union and the Minnesota attorney general are locked in a dispute over the firing of one of its lawyers who said she had tried to organize a union during a flurry of staff departures in the past three months.

Kari Ferguson, an assistant attorney general, was fired last week after handing out union solicitation cards, according to the American Federation of State, County and Municipal Employees (AFSCME).

Solicitor General Al Gilbert said the dismissal "was not based on any union activities." He declined to say why Ferguson was dismissed, citing employee privacy laws.

The dispute exposes an unusual rift between Attorney General Lori Swanson, a top DFL officer holder, and a large labor union that Democrats rely on for political support. AFSCME endorsed Swanson in her run for attorney general last year.

At a news conference Thursday, Swanson accused AFSCME of threatening to "plant unfavorable positions" on blog and news sites unless she approved the formation of a union among office lawyers. AFSCME denied the accusation.

Ferguson, a member of the attorney general's staff since 1997, said she was representing the Minnesota Pollution Control Agency (MPCA) when she was fired.

"I was told that the office is no longer in need of my services," said Ferguson, describing a meeting last week with Gilbert and another deputy of Swanson. Ferguson said that she asked if her termination was based on performance, and that one of the deputies replied, "Kari ... it's office policy not to give a reason why."

She said her dismissal came three weeks after she received a raise in a letter from Swanson that expressed enthusiasm about working with Ferguson in the upcoming year. Ferguson said her campaign to sign up colleagues at work to join the union took place after she received Swanson's letter.

"They knew she was soliciting ... on behalf of the union," said Gregg Corwin, her lawyer. "She was part of the organizing campaign. She was fired for her organizing activities."

Brian Bergson, a spokesman for Swanson, said office managers weren't aware that Ferguson was organizing before they dismissed her. He also referred a reporter to MPCA Commissioner Brad Moore, who said, "We experienced some concerns regarding this attorney's representation of us." Moore did not elaborate.

Ferguson said she never heard any complaints from the MPCA about her performance. She said about a year ago her supervisor at the attorney general's office relieved her of some of the cases she handled for the Department of Corrections so that she could concentrate more on representing the MPCA.

Turnover up since election

Ferguson is among dozens of assistant attorneys general, deputy attorneys general, legal assistants and others who retired, resigned or were terminated since the November election, when Swanson was elected to replace her longtime boss, Mike Hatch.

Unlike other leadership turnovers, the one in the attorney general's office doesn't stem from partisan politics. Both Hatch and Swanson are DFLers, and Hatch has remained on the staff.

Departures from government offices often accelerate after a change at the top. In the first six months of 1999, scores of firings and resignations of attorneys accompanied Hatch's takeover from fellow DFLer Hubert Humphrey III.

So far this year, 35 employees have left the office -- about half of them attorneys. That appears to be about twice the departure rates for either 2005 or 2006.

Swanson says the turnover is normal for a transition.

Jennifer Lovaasen, an AFSCME spokeswoman, said members of the attorney general's staff approached the union for representation because they fear being demoted or terminated without cause or explanation. She said Ferguson collected more sign-up cards than any other organizer in the attorney general's office.

"Every member of our organizing team is worried that they will be fired," Lovaasen said.

Union denies publicity threat

Swanson contends that state law prevents the attorneys in her office from forming a union because they are political appointees rather than civil servants.

Corwin disagreed. He said the attorneys can form a union for purposes of conferring with their boss, but would need a change in state law to become part of a collective bargaining unit to negotiate a contract. Even without such a change, he said, union membership would help attorneys discuss problems with Swanson.

After Swanson accused AFSCME of threatening to "plant unfavorable positions" on blog and news sites, Lovaasen said union officials "did not threaten to go to the media and we certainly never threatened to 'plant unfavorable stories.' " Lovassen said union officers contacted the attorney general's office last Friday to request a meeting after the Star Tribune and other news media asked AFSCME about reports of labor unrest in the office.

"We informed them that there had been media inquiries," she said.

Staff Writer Patricia Lopez contributed to this story.

Pat Doyle • 651-222-1210 • pdoyle@startribune.com