I refer to Mr. deJersey as a Trustee, an elected official of UBID, and consider that in the position as Chair he was responsible for the actions of the board and its Administrator. I do not refer to the fellow as an individual, it is the actions of our elected representative that this article addresses.
What happened at UBID, why, and what can we glean from deJersey’s sworn Examination for Discovery affidavit?
The incestuous board of Trustees at UBID have consistently proffered a disgraceful attitude toward its mandate and the community eventually objected. UBID bought the old schoolhouse through a convoluted reverse approval process. Then they wanted to spend a whopping $2.5 million on a firehall. Now the community stood up and organized under the banner of Accountability to put forward two decent candidates to sit on the board. To nobody’s surprise both open trustee positions were filled by these gentlemen.
But deJersey’s cronies still had the majority vote, and elected him Chair, so the board could continue its mischievous romp.
Questions from the community wondering about quite evident conflicts of interest were rebuffed with such arrogance and entitlement that one citizen established a blog chronicling the disgraceful debacle to help the rest of us understand what goes on to get a controversial development pushed through a reluctant citizenry.
The land speculator Kensington Island Properties was proposing a massive undertaking which would level most of the surrounds to add 3200 houses and several hotels to our little community. Without additional infrastructure. The main attraction would be a golf course to be constructed on top of the coal hills, an extremely toxic (which is why it sits empty) oceanfront location.
At the final Public Hearing one of KIP’s contractors announced that KIP would provide sewage treatment to the citizens “at no expense to the community.” DeJersey was totally aware that the Development Agreement actually stated the exact opposite: “at no expense to the Developer.” Of course now it is going to cost each household upwards of $25,000 to construct the new sewer, every homeowner will have to pay further for each individual hook-up, and as well there will be an annual maintenance charge to each property. I for one cannot afford suddenly this added cost of living here, a brand new septic system at every property would be considerably cheaper.
Also present at this hearing, Union Bay’s BFF spoke: the Big Man In Town said families weren’t moving in because of the lack of a sewer, he had six hundred signatures supporting the enterprise, implying they were eligible ratepayers. This was not true either, the collection included realtors and other professionals who would benefit from forfeitures, insolvencies and the mass exodus from the townsite. He spoke with authority when he continued that the development will bring the salmon back and that there is no shortage of water. DeJersey has not once since attempted to correct these calculated misrepresentations.
The blog was really attracting attention as homeowners could now see what a patsy deJersey had become to this speculator, and was not representing common interests at all.
Instead of using the proper procedure of presenting, debating and voting on a resolution to do so, even with this majority vote, Alan deJersey initiated a lawsuit for Defamation against the blogster. Furthermore, again without being considered by the board, he decided to utilize not the well-established legal counsel of UBID but his longtime friend, the shady lawyer Michael Z. Galambos. He filed papers outside of our community court, off island to make it more difficult and expensive for the defendant and interested ratepayers to attend. And to ice the cake, again without any formal resolution before the whole board, he decided to pay for this shameful lawsuit with UBID money. No documentation whatsoever exists for these radical decisions, directly contrary to the regulations at UBID for expenditures.
In the Examination For Discovery, under oath deJersey openly flaunted his disregard for the Legal System by being evasive, conveniently forgetting all details about KIP agreements, and often contradicting his own testimony. Some highlights of his deposition which demonstrate his modis operandi are enchanting.
DeJersey has referred in writing to the blogging ratepayer as an “Imbecile.” He refuses to retract or reconsider this characterization and asserts that he accords the same level of respect to all landowners. And that this is the ordinary level of respect bestowed on landowners.
Since he submitted to the courts the entire blog deJersey was asked under oath to indicate exactly where he felt he was defamed. What precisely was untrue in the blog? DeJersey stumbled again and again. I encourage your readers to visit his astonishing deposition.
http://unionbaynewsnow.blogspot.com/2011/03/examination-for-discovery-of-alan-de.htmlLandowners in our community had previously filed a lawsuit against the CVRD amending the bylaws (which prohibit such a cataclysmic proposition) so that the KIP development could proceed in spite of the established Regional Growth Strategy. These Union Bay ratepayers dug into their own pockets to fund this legal action.
KIP applied successfully the court to be included as a Respondent in this litigation. The Supreme Court of British Columbia ruled in favour of the landowners and quashed the amended by-laws for “Illegality.” The bulldozers stopped the next day.
Shortly thereafter a large advertisement appeared in the local papers saying the undersigned local businesses supported the KIP development; deJersey’s own insurance business was listed at the top. The obvious implication was these businesses paid for this endorsement, they were standing together in defiance of the Supreme Court’s decision. It was soon revealed that KIP actually paid for this ad. This could ostensibly be perceived as a conflict of interest by some, because in order for KIP to proceed UBID has to provide the rights to our water. In the Discovery deJersey disagreed with this perception, there was no conflict of interest. And said he didn’t care who paid for the ad. At that time deJersey was Chair of UBID, sworn to represent and protect the public’s interest.
The water demand for this huge development (remember 3200 houses, 3 hotels and a golf course) was what the Supreme Court Decision was about. And when it turns out there’s not enough water to construct and operate this new giant suburb, the existing taxpayers here in Union Bay will be liable. KIP or whoever McMahon sells the development permit to, will be able to sue Union Bay for not being able to supply as much water as KIP wants. This is pretty serious. And directly under UBID’s authority. There is not nearly enough water.
In the Examination deJersey maintains that at the time there was no existing resolution regarding water in place between UBID and KIP, but no his board never discussed or debated the water issue. Because there was already an agreement in place for water between UBID and KIP, which he couldn’t remember when had been signed, the previous Chair David MacDowell handled it, well actually maybe there was never a document produced at all, but certainly there was an existing agreement so it was quite unnecessary to address this contentious matter. He swears that sufficient water has never been a concern of the UBID board at all. DeJersey then contradicts himself and acknowledged that there had been water studies conducted due to community concerns, and that public concerns were concerns of the trustees. But he felt the board had long ago already made up its mind that there was enough water.
DeJersey has complete control of our water. Perhaps to demonstrate this, he subsequently turns off the water at the house of the blogger, without first receiving the required disconnection fee, and without providing any notice. It’s purely a coincidence that it is the house where the blogger lives, and he followed procedure. Like every other time, well actually there has been no other occasion. His memory improves when he was asked how long it took to reconnect this essential service, he said it was one day. This is demonstrably incorrect, UBID first refused outright to reconnect the water, a lawyer got involved, water was not reconnected for three days. DeJersey has subsequently made no attempt to rectify this fallacious testimony.
Another allegation in the blog is that UBID offices were used for other purposes, namely the running of the CWSA, (the UBID phone, fax and address were on the CWSA letterhead, UBID staff ran the CWSA, and the UBID Administrator received $300 dollars a month to do so.) This is all accurate indeed but deJersey said he wasn’t concerned about it, the previous Chair had dealt with it, but then he agreed that if it was true it would be a breach of policy. Okay maybe that blog allegation is faultless too.
DeJersey recognizes and describes the conflict of interest bylaw, but when it comes to a UBID board member Debbie Prowse openly carrying on an intimate relationship with Brian McMahon the (married) vice president of KIP while KIP is applying for the water license, again he dumps it back on David McDowell the previous Chair, that it had been dealt with before he had joined the board, that Ms. Prowse had resigned. Ms. Prowse, now Mrs McMahon, testifies under oath the same day in answer to why she resigned that “There was a lot of public perception that there was a conflict of interest…”
DeJersey attests that about his self-determined non conflict of interest the blogger calls him a stupid cop, that its “absolutely false and malicious”; yet the blog is actually asking a question, and never does state he is a stupid cop. Read it. Then deJersey said the board discussed it and determined there was no conflict at all. By a vote. And it was not discussed whether he had a direct or indirect economic interest at that meeting. But there was no resolution or documentation of this discussion. Then deJersey testified that his economic interest had probably been discussed. Then he said he didn’t recall if it had been discussed at the meeting. Three contradictory answers to an important inquiry, essential to due process.
DeJersey knows he has no perceived conflict of interest, and feels the suggestion is defamatory. He further asserts that an elected official calling a landowner names does not descend below the level of professional discourse. It’s okay, Imbecile is “an adjective to a descriptive as much as Barney Fife is.”
And not to worry that the Trustee’s wives are on staff at UBID, Dennis Royer recuses himself of matters affecting the employment of his wife, Yes he does. Anytime a trustee recuses themselves, a record is made of that in the minutes of the meeting– Correct. Have there been any recusals recorded during your term? Now deJersey asks “What is a recusal?” Okay then, No there haven’t been.
But it’s our money that matters most; UBID spends much more than other similar Improvement Districts and the public is certainly concerned. Stories abound in the local papers. Finally at the June 2010 public meeting, the UBID board approved that there would be a standing committee on finances. But deJersey soon reverses this decision in camera. There will a recording of this meeting, Yes, but no there won’t be a record of that motion. Because there was already a finance committee in place. Consisting of himself and the Administrator, so no need for another one. Or public involvement. Oh and okay the existing Finance Committee hasn’t actually met since he took office.
So the community was understandably perplexed and several ratepayers showed up with questions up at the next meeting. DeJersey wasn’t there but, citing a mob atmosphere, later decided it was expedient to exclude his constituents from all further public meetings.
Now hidden away deJersey decided that UBID should initiate and pay for the Defamation lawsuit against the community blogger, without any pesky formalities such as a motion, without ever bringing the issue before the entire board. No discussion, no debate, no vote, and no record of any of it. Resolutions were passed retroactively after these decisions were already made in meetings that purposely did not include the two new Trustees. And that UBID would pay for eight individual complainants to go after the blogger as well.
And deJersey wouldn’t use the UBID lawyer (you gotta wonder why is that) he would take it to Vancouver, maybe nobody would notice. Gradually people across the province started to pay attention.
The meetings continued in camera, we ratepayers physically locked out.
This strategy would only work until the Annual General Meeting because even deJersey couldn’t figure out how to conduct a vote without any voters.
Only first, obviously sensing the inevitability of new trustees coming aboard, deJersey proceeded and, still behind closed doors, granted the Water License to KIP. No public involvement, no questions about any long term implications. This will hurt us.
And to twist the knife, deJersey sends another $50 grand off to pal Galambos, for what we’ll never know. Our money. Oh and this money is not taxable.
Well we all saw what happened at the AGM: enough people showed up that the Fire Marshall instructed that all doors be blocked open. DeJersey proceeded to filibuster with lengthy reports. The audience squirmed. A ratepayer asked that the vote be conducted at a specific time so we wouldn’t perish in the heat and boredom. The meeting plodded along, the Administrator presented an eloquent and solicitous report. But we were all there to vote. DeJersey tried to interject Brian McMahon to pitch KIP again, but time had run out. The vote went ahead and to nobody’s surprise both incumbents were defeated.
The blogster removed her blog, but lo and behold a copycat blog appeared, using her name, cleverly designed to pop to the front of Google. Citizens were understandably outraged at this content – it slams the Defendant in terrible language and threatens her physical safety. Featured is a Harley Davidson logo.
Meanwhile deJersey takes offense to the Defendant’s Comox Valley Election cartoon featuring Ralph Wiggam posted just before the Federal Election. DeJersey adds it to his lawsuit saying the Harley belt buckle and physical similarities mean this is a depiction of him. He is not stupid, and furthermore he is special. Like the cartoon shows. And he swears under oath that the two hillbilly cartoon figures next to the pig must refer to Trustees Royer and Godfrey because it looks like them.
Oh now it evolves that the obscene blogger is Brian Baker, longtime biker buddy of deJersey. DeJersey is championed in the new blog.
As a sitting public official should not deJersey recognize Baker’s blog really is everything and more that he accuses the original legitimate blogger: a vicious personal attack, truly defamatory, beyond rude, and entirely inappropriate in our community? He should advise his one percenter friend to remove the post, apologize and back away in shame. The irony is not lost on the electorate.
Instead deJersey has decided not to provide the courts with the documents to back up his allegations: minutes showing that at the in camera meetings development matters were indeed appropriately discussed, the agreement in principal between KIP and UBID about the provision of water, and all documents dealing with the controversy or sufficiency of water. These records are critical to the Plaintiffs’ legal position and have been requested.
Now that UBID has settled up and publicly acknowledges this mischievous lawsuit should have not happened, deJersey will be exposed personally when his friend Galambos’s retainer runs out. Yet defiantly, much to the embarrassment of this community, deJersey persists.
How Mr. deJersey handles his personal lawsuit from here on will be captivating, notwithstanding he used our money to start it; and recently in this very forum, just before he calls the Defendant a Liar and Coward in a comment to another constituent, deJersey insists he will continue. He probably would have gotten away clean with every malfeasance, as Dennis Royer did under cover, but deJersey got greedy and overextended his reach, he shut out his constituency, launched this ridiculous lawsuit, and today this intriguing litigation has made it to the front page of the Vancouver Sun.
DeJersey and his conspiratorial Trustee/Plaintiffs all voted on the UBID motion to send the additional $50,000 to Galambos, at clear benefit to themselves (none have as yet kicked in a dime towards this outrageous action,) had they excused themselves for conflict of interest that motion would have been defeated.
Had deJersey had recused himself for conflict of interest from voting on the Water License it wouldn’t have passed either. He said he followed policy guidelines, well, provide the documents, prove it before the judge sends in the sheriffs. Or wait for it.
KIP has now chosen to obscure this sordid history and has re-branded itself, now it’s the Union Bay Community.
Finally we all realize it was Alan deJersey who repeatedly disregarded the obligations of office, and is wholly responsible for this conscious deception of the taxpayers. DeJersey regularly flouted constitutional regulations to support KIP.
This is not on slippery Brian MacMahon, his sole function is to convince governing bodies to endorse his glorious Formula To Save Union Bay; at any cost, including promising favour, exaggerating, and outright fabrication (remember how Union Bay was become a world leader in Geothermal Technology?) KIP obviously now has no intention to even follow the basic plans we were shown. (Has anybody noticed a the sewer anywhere under construction?) There will be no dam to raise the lake level, not on Brian’s watch. Nope, MacMahon will sell his license to the highest bidder then run away.
Thanks mostly to Alan deJersey.
Reggie Armstrong
Union Bay.