Board under microscope
Some of TransLink’s nine new appointed directors are already on the radar of observers watching for future conflicts of interest.
The new board includes directors who have ties to companies that do business with TransLink and may have to step away from debate or votes on certain topics.
New director Robert Tribe is already under scrutiny, because he worked for years as executive vice-president of SNC Lavalin — the infrastructure firm that has the contract to build and operate the Canada Line.
“You’d almost call that a conflict of interest to start with,” said Surrey Coun. Marvin Hunt, the outgoing board’s vice-chair.
Tribe’s relationship with SNC Lavalin might come into question if the new board has to grapple with Canada Line cost overruns, significant changes to the scope of the rapid transit project or a failure of SNC and its partners to meet contract requirements.
But TransLink spokesman Ken Hardie said Tribe retired from SNC Lavalin in 2002 and ended contract work with the firm in 2004.
“Since then he’s had no affiliation with them whatsoever,” Hardie said.
James Steidle, a TransLink watchdog with the group Keep TransLink Public, questions whether new director Bob Garnett — who owns Novex Couriers and WPX Couriers — will favour highway expansion rather than other alternatives because his firms rely on speedy road access.
“Will he take transportation demand measures seriously when it would negatively affect his businesses’ bottom line on the short term?”
Hunt said Kwantlen University College president Skip Triplett may have to abstain from voting if TransLink again debates whether to extend its U-Pass system to Kwantlen students.
However, he said it may not be an issue if the decision involves all area colleges, which have all been lobbying to get the subsidized U-Pass, so far limited only to SFU and UBC students.
“It’s good news for all of the community colleges — not just Kwantlen per se and the further expansion of the U-Pass to the community college system,” Hunt said.
Hunt said natural gas lobbyists, who have aggressively pressed TransLink to buy pricier natural gas buses instead of diesels, have reason to cheer with the appointment to the board of David Unruh. He’s the former vice-chair of Westcoast Energy and a past executive or director with various other natural gas firms.
While the new board is one Hunt said will delight the business community, he said it doesn’t have enough people with transportation experience or environmental credentials — particularly as Victoria leans on TransLink to make a difference in the fight against climate change.
The newly amended legislation governing the reformed TransLink spells out circumstances where directors must declare a conflict and refrain from voting or communicating with other directors about it.
That includes any significant direct or indirect interest in a commercial passenger carrier, independent transit provider, parking service provider or any other firm with which TransLink or its subsidiaries contract.
Also covered is any significant interest in a device, appliance, machine, article, patent or process material to providing transportation services here.
In the cases where the interest involves transportation, transit or parking services, the director must eliminate the conflict of interest or resign. The rest of the board must remove a director who fails to resign as required within 90 days.
Directors must disclose their conflicts promptly to TransLink head office and provide copies to each board member.
Personal car leases, long-term parking contracts and investments in mutual funds are exempted.
Political analyst David Schreck said the big question is how anyone will ever find out if a conflict of interest occurs.
It’s not yet clear how many — if any — future TransLink board meetings will be conducted in public.
“Will their decision-making process be sufficiently transparent?” Schreck asked. “We may never know.”
The most recent TransLink conflict of interest allegation happened early in 2007, when Port Moody Mayor Joe Trasolini agreed to step away from votes on certain aspects of the Evergreen Line because he owned property near the planned light rail route.
The new legislation says nothing about land ownership.
The old TransLink conflict code also specifically barred directors from using their position to advance the interests of business partners, spouses and other relatives.
It’s not yet clear whether the new directors will also be subject to an additional conflict of interest policy beyond the requirements laid out in the TransLink legislation.
© Copyright 2007 The Tri-City News