Showing posts with label John Les. Show all posts
Showing posts with label John Les. Show all posts

Friday, September 7, 2012

#LiquorLeaks examines Clark's "liquor cabinet"


When Premier Christy Clark shuffled her cabinet on Sept. 5, she also refreshed her "liquor cabinet." 

Several cabinet ministers and MLAs are involved in one of the government’s biggest, most controversial priorities of 2012: to sell the warehousing and distribution operations of the Liquor Distribution Branch to a private operator. 

No business plan has been published by the government to justify the Feb. 21-announced breakup of LDB, which made a $911.1 million profit for government coffers on $2.89 billion of sales last year. 

Much has been written about Exel Logistics, which operates Alberta’s private since 1994 system and hired high-powered BC Liberal insiders Patrick Kinsella and Mark Jiles to lobby for the B.C. gig since 2005. No other company that submitted bids by the June 29 deadline has been as aggressive as Exel, which originally wanted to do a private-public partnership and skip a public tendering process altogether.

Clark is head of cabinet and, what I call, the liquor cabinet. Kinsella was co-chairman of her successful 2011 leadership campaign, a guest at her swearing-in on March 14, 2011 and a guest at the B.C. Place Suite for the Sept. 30, 2011 reopening of B.C. Place Stadium. Kinsella ended his lobbying registration for Exel on March 30, a month before the request for proposals was published.

Rich Coleman (upper right) is the minister responsible for the Liquor Distribution Branch and Liquor Control and Licensing Branch. His business card became more crowded in the shuffle with the designation of Deputy Premier. Coleman's name is mentioned in the Exel "Project Last Spike" internal memo: company vice-president Scott Lyons told his superiors that the company's relationship with Coleman could be used to influence the writing of the RFP. 

Mike de Jong (middle right) replaced the resigned Kevin Falcon as Finance Minister and was given the responsibility to “lead the work on the possible asset sale,” according to a Finance Ministry representative on condition of anonymity. De Jong was the waffling Attorney-General when Dave Basi and Bob Virk made surprise guilty pleas on Oct. 18, 2010 after the ex-Liberal ministerial aides accepted $6 million of taxpayers' money to pay their legal bills. A still-secret transaction that the Auditor-General John Doyle and intervenor/ex-Liberal MLA John van Dongen are seeking a court order to bring to daylight. (Hear more about the controversial sale of BC Rail to CN in The Investigators documentary here.)

Ben Stewart (lower right) replaced Margaret MacDiarmid as the Citizens’ Services Minister. Stewart is responsible for government-wide buying and contracting and it is the staff of his ministry who are handling the LDB tendering process. Three executives of the Coleman-overseen LDB (including acting general manager Roger Bissoondatt) and four executives from the Stewart-overseen Citizens' Services are on the evaluation committee, weighing the bids from four companies (Exel, ContainerWorld, Kuehne + Nagel and Metro Supply Chain Group).

“They will continue in their current roles in the procurement process,” said the Finance Ministry representative.

”Given Minister's Stewart's previous involvement in the industry, out of an abundance of caution and to ensure no perception of conflict, responsibility for this project was transferred to the Minister of Finance.”

Let’s not pussyfoot around the issue, eh? Stewart is both a client of B.C.’s LDB and Exel’s Alberta monopoly, Connect Logistics, through his family company Quails’ Gate Estate Winery of Kelowna. He was also lobbied by Lyons. Stewart advocates private distribution and said in the Legislature on May 7, the day before my story exposing Exel’s "Project Last Spike" broke and NDP critic Shane Simpson stood up in the Legislature during Question Period to demand answers from Coleman

Coincidentally, I spoke with Stewart on Sept. 4, the night before he was sworn into cabinet. (Stewart gave no hint about his imminent job promotion). Here's what he said about Exel's push to privatize: 

“We probably only have a very very tiny piece of the utilization of that, we've been working with LDB successfully almost 25 years and this new model is probably comparable a little bit to the Alberta model... 
“Sometimes it takes the initiative of some catalyst to make sometimes these things to happen. I think that Exel may have asked the question. Is the province willing to consider it. They knew that there was other competitors. There's people that house and store wine for imported wines and other products here int he province. The LDB doesn't have the capacity or the interest to be becoming a warehousing depot is what I think Exel is probably more their field of expertise.
“My only point of contact is I knew the distribution systems around the country and other parts of the world because of my background. That's the only reason I probably talked to Scott at any point and was supportive of the concept that if they thought they could do it better, we should look at an open process.” 

Stewart told me he had spoken with Lyons over a year ago. Lyons, we found out in July, had also spoken with Stewart’s brother, Tony Stewart. 

“I think Scott mentioned that he had met with my brother, my brother is responsible as CEO of our company to essentially maintain and do what's necessary to run our business.
“When I chose to go into politics I completely moved everything into a blind trust and have a friend that actually is the trustee, I have no contact at all with the winery. I don't know what my brother is doing in terms of whatever discussions. On a personal note we see each other for Christmas and family events, but it's not about the business. I have the trust in the trustee and him and the board of directors I put in place beforehand to make certain these things were done in a proper manner before I considered giving up a business that I'd spent 35 years creating.” 

Meanwhile, De Jong chairs Treasury Board, the 10-member committee that will approve the winning bidder in mid-October. Coleman and Stewart are also on Treasury Board. Same goes for Jobs and Tourism Minister Pat Bell, Ex-Finance Minister (and co-father of the Harmonized Sales Tax) Colin Hansen and John Les, who was liquor minister in 2005. Exel lobbyist Mark Jiles held several meetings with Les from 2005 to 2007, at which Les apparently expressed his encouragement. De Jong's vice-chair on Treasury Board is Justice Minister Shirley Bond, who was lobbied on Aug. 25, 2011 by Lyons in a meeting at the Premier's Vancouver Office and signed reports to Treasury Board and Cabinet supporting the Exel proposal to privatize LDB's logistics. Earlier that summer, Lyons had lobbied another Treasury Board member, Ida Chong, who helped connect Lyons with Tony Stewart. 




Friday, August 31, 2012

#LiquorLeaks seeks more from Les

How’s this for a coincidence? 

Treasury Board is the 10-member cabinet committee that will receive the recommendation this fall from the joint Liquor Distribution Branch and Citizens’ Services Ministry committee deciding which private company will take over warehousing and hauling of liquor in B.C.

In the last week of August, no fewer than three members of Treasury Board announced they will not run for the ruling BC Liberals in the scheduled May 14, 2013 provincial election. Kevin Falcon quit as finance minister. Children and Family Development Minister Mary McNeil and John Les, Parliamentary Secretary to Premier Christy Clark, also said this was their last term in office. If Randy Hawes follows around Sept. 10, that would make four lame ducks on the committee that decides provincial spending, unless Clark makes wholesale changes with her next cabinet shuffle. The free enterprisers are fleeing the enterprise, with all signs pointing to a Liberal defeat and NDP victory. 

While Energy and Mines Minister Rich Coleman (below left) is the one currently holding the booze portfolio (and a seat on Treasury Board), Les (below right) was more involved in the early days of secret talks with Exel than he appears. Far more involved. 

From 2005 to 2007, in fact, then-unregistered lobbyist Mark Jiles met on several occasions with Les to promote the virtues of his $5,000-a-month client Exel. Les was a supporter of B.C. moving to an Alberta-style system. And it just so happened that the operator of the Alberta monopoly was a private company (and still is) called Connect Logistics, which is owned by Exel. 

Les played the role of a passive matchmaker, suggesting that Jiles and Rob Madore, the former Connect Logistics general manager, forge an alliance with the B.C. Government and Service Employees’ Union. George Heyman was then president and Jeff Fox a director. Without workers agreeing to a private warehouser, nothing would happen.

Les was warm to the idea of Exel taking over, but opposed outright the privatization of LDB’s retail chain. LDB general manager Jay Chambers initially opposed selling off the logistics end of the business. Les was no fan of Chambers and thought it might be a good idea to replace him. Chambers stayed put until his surprising June 6 resignation, which was kept secret for eight days. 

When Chambers finally did an interview after joining the Motor Vehicle Sales Authority of B.C. in July, he claimed the career move was unrelated to the LDB privatization.

LDB privatization never really gained traction under former Premier Gordon Campbell. But when Christy Clark came to power in 2011, the game changed. The HST was defeated, the government was in a budget bind and it certainly didn't hurt Exel that its lobbyist Patrick Kinsella was Clark's key Liberal leadership campaign strategist.

What about Les? After numerous interview requests since May, he finally responded to me the day he announced his resignation. I know Les knows a lot about this file, but he doesn’t want to answer any questions. Following is our Aug. 30 email exchange. 

From: Bob Mackin  10:19 AM 
To: Les.MLA, John; Les, John 
Subject: media request 
Hello Mr. Les,
Would you be available for an interview today or tomorrow to discuss your time on the LDB file, particularly 2005 to 2007 when you were being lobbied by Mark Jiles on behalf of Exel? I know that you met regularly with Mr. Jiles on this matter during that period of time. 
Sincerely,
Bob Mackin
Business in Vancouver

From: Les, John
Date: August 30, 2012 10:20:30 AM PDT
To: Bob Mackin
Subject: RE: media request 
No, sorry. The current Ministers responsible speak for government on this issue.

From: Bob Mackin
Sent: August-30-12 10:23 AM
To: Les, John
Subject: Re: media request 
Thank-you for the reply, but the questions I have are specific to your time on the file and those questions are ones that only you would be able to answer. 
From: Les, John
Date: August 30, 2012 10:30:51 AM PDT
To: Bob Mackin
Subject: RE: media request 
Sorry. Same answer.
By the way, a delegation from Exel toured the LDB’s headquarters and warehouse on Wednesday with Citizens’ Services official Pelle Agerup and fairness monitor George Macauley. LDB provided me lists of attendees of the May 9 industry information meeting, the May 10 proponents' meeting and tours of the Kamloops LDB warehouse. Citizens' Services provided the list of bureaucrats who decided the shortlist of four and are deciding the recommendation to Treasury Board. Citizens' Services, however, wants to keep the list of the Aug. 29 Exel tour group secret, citing a laughable wish to guard the "integrity" of the process.

Remember, folks, this is a process in which no business plan has been published. It is a process that appears to be driven by the Liberal-connected lobbyists for a unit of one of the world's largest corporations. A process in which the leading bidder speculated internally that it could use its connection to the minister responsible to influence the writing of the request for proposals in its favour or buy-out a related competitor to achieve the same outcome. It is a process that the NDP has likened to the scandalous BC Rail privatization of 2003. 

Friday, June 8, 2012

#LiquorLeaks and the Chambers of Secrets








Thanks to #LiquorLeaks, you know more about the ambitious plan by Exel Logistics to privatize the B.C. Liquor Distribution Branch's warehousing and distribution than the government is willing to tell you about why it is in such a rush to sell a key part of a profitable public asset.

In case this is your first time here, Exel is the world's largest third-party logistics company and an arm of German giant Deutsche Post DHL, one of the biggest corporations in the world and a Formula 1 auto racing sponsor. Exel gained the Alberta liquor warehousing and distribution monopoly in 1994. Expansion to B.C. is part of a strategy to gain dominance in liquor logistics throughout Canada and the U.S.

Back in 2005, Exel hired BC Liberal insiders Mark Jiles and Patrick Kinsella to pressure the government to let it take over the province's liquor warehousing and distribution. In a 2009 internal memo (called Project Last Spike), Exel pondered using its close relationship with liquor minister Rich Coleman to influence the writing of the request for proposals. Read the basics here in Business in Vancouver and here in The Tyee. 

Since Feb. 23 -- two days after the privatization was announced by Finance Minister Kevin Falcon in the latest provincial budget -- I have diligently sought any and all of the government's business cases and cost-benefit analyses justifying the privatization. I have requested interviews with Coleman and his predecessors Shirley Bond and John Les. Les was in charge of the liquor file from 2005 to 2008. He was not only a target of heavy lobbying by Jiles, but I know for a fact that he also offered Jiles confidential advice on several occasions.   

My repeated interview requests have been denied. My Freedom of Information requests have been an adventure, to say the least. Join me as I recount the roller-coaster journey that is far from over. 

My Feb. 23  request to LDB for the business cases and cost-benefit analyses became a hot potato for LDB, which transferred the matter to Victoria for the Justice and Attorney General Ministry to handle, according to this April 2 reply from LDB.


My simultaneous attempt to access the full benchmarking study that is mentioned on page 18 of the latest LDB service plan was kiboshed entirely; LDB cited section 12, claiming it's a cabinet document in this April 12 FOI denial and deferral letter.

Jay Chambers (right) starstruck by Arnold Schwarzenegger.
In the meantime, I also sought a copy of LDB general manager Jay Chambers's agenda and diary. Lo and behold, on March 1 he convened a meeting for 90 minutes to discuss my Feb. 23 request, according to this April 27 FOI release. This wasn't a chit-chat in the corridor over coffee or watercooler small-talk. Chambers spent a whole hour-and-a-half conferring on the vat of information to keep inside and what drips, if any, might be allowed to trickle out. Chambers is the top executive of a corporation that grosses $2.6 billion a year, so his time is supposed to be valuable. 

My curiosity was piqued, so I sought the notes from that meeting. And I finally got them on June 5. Although the records are undated and unsigned, it appears to be a list of reports dating back to 2001. The titles and topics of the reports listed evidently fall under the umbrella of a "business case" or "cost-benefit analysis." 

There were several reports commissioned in the 2001 to 2004 period, the first three years of the BC Liberal party's mandate when it controlled the Legislature under Premier Gordon Campbell. Then the trail went dead. The privatization concept was resurrected in 2011, shortly after Christy Clark became Liberal leader and premier. She took control of the party thanks to Kinsella, who was registered as a lobbyist for Exel until March 30 -- exactly a month before the negotiated request for proposals was published. 

The Alliance of Beverage Licensees and Craft Brewers Guild have gone public with their opposition to the privatization. Same with Spirits Canada, the trade association for Canadian distillers. Their theme is the same. The industry has not and will not be consulted. Costs will increase, and that will mean higher prices for consumers. There is no business plan. 


At least, there is no business plan that the BC Liberal government wants to show you or me. The government's response via FOI was a rather underwhelming pair of heavily censored December 2011 and January 2012 reports to cabinet. The only information visible is copied from publicly available LDB annual reports and service plans. However, one chart looks eerily similar to a diagram included in the Last Spike memo. 

In a budget estimates committee hearing on May 29, NDP critic Shane Simpson asked Coleman this:

"Is there any form of business case that was developed by the LDB or through government which motivated the decision to go out and not explore the issue, but advance an RFP to actually make the change? Was there such a business case? Does it exist? If so, why is the government not prepared to make it available?"

Replied Coleman: 

"First of all, it wouldn't have been developed by the LDB. This came through the budget process and the budget speech. Then after the budget speech and the process, they said: "We're going to go out and look at an RFP for privatization." The direction is then passed through to the ministry or minister who's responsible…"The business case is actually a bit reversed on some of this stuff when you do it. If the RFP comes back with savings for the consumer, has more efficiency for the government and if it save us money and actually provides some money to us for the fiscal plan, then that is the business case. Until we actually get the bids, we won't know what the total case is."

So, Mr. Chambers and Mr. Coleman, what's the truth? Is there really no business plan or cost-benefit analysis? Was the list of reports that was disclosed to me bogus? Or are you hiding inconvenient truths from the public? 

While I press the LDB FOI office to respect the Freedom of Information and Protection of Privacy Act, especially Section 6 (Duty to Assist "openly, accurately and completely"), I await a reasonable response from the Justice and Attorney General Ministry. I am seeking, at the earliest convenience, a two-hour, supervised viewing of the records in the historical list compiled from the pivotal March 2 meeting hosted by Chambers. 


That is, if the records exist at all. 


When an arm of the government is for sale in a process of questionable integrity, the government owes it to citizens to be transparent. Especially when it's a government that should have learned its lesson from the bungled and corrupt BC Rail sale of 2003.




P.S.: I also remind all readers out there that I gladly accept envelopes containing credible documents (hint, hint) addressed to me at the following addresses: 

102 4th Ave. E. 
Vancouver, B.C. V5T 1G2

The Tyee
PO Box 88484
Vancouver, B.C. V6A 4A7





June 5 FOI records from LDB

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