Parks chair denies conflict

Vancouver park board chair Heather Holden has refused to answer any more questions from the Georgia Straight on a possible conflict of interest relating to her position as a programs administrator at the Vancouver Aquarium.

And Holden—elected as park board commissioner in November 2005—would not reveal the nature of legal advice she claims to have sought from Vancouver lawyer Frank Borowicz. The advice related to her voting on recommendations in a park-concession strategy study that also could affect the bottom line of Vancouver Aquarium concession revenues.

On May 1, in a board meeting at Strathcona Community Centre, Holden voted with her Non-Partisan Association colleagues in a 4–1 vote in favour of the “implementation strategy” contained in the study, which looks at how food and beverage service is delivered in the park board–owned concessions. She announced at the crowded meeting that she had obtained legal advice that any pecuniary interest between her position as park board chair and her job at the aquarium was so remote that it could not reasonably be considered an influence on how she votes.

The Vancouver Aquarium Marine Science Centre, a registered charity with nonprofit status, made total revenues of $24,053,684 in 2004 and $18,048,819 in 2003. Holden has been in its employ in her current position since 2004, according to a CV posted at www.heatherholden.ca/.

Following the May 15 meeting, held at the Kensington Community Centre, Holden refused to disclose her salary there.

“That's none of your business,” she said. “It's nobody's business what my salary is.”

On May 16, the Straight contacted Holden by phone and asked if the legal opinion was in written form.

“That's none of your business, and I'm not going to answer these questions any more,” Holden said. “I'm happy to talk to you about relevant issues....I'm not going to talk to you about it [the legal advice] anymore, because you've been rude and aggressive.”

An aquarium delegation was scheduled to address the board's planning committee at park board headquarters on May 16 after the Straight's editorial deadline. The previous evening at Kensington, Holden explained why she did not feel she should withdraw from votes relating to the aquarium. Even in her absence, the NPA still has a 4–2 majority.

“I was elected by nearly 60,000 people in this city to represent them in such discussions and votes, and I had an interest and a powerful voice on this topic with my business background,” she said.

Al De Genova, a 13-year park board veteran, told the Straight that his NPA colleague should exercise more caution when casting votes.

“Even if it's a perceived conflict, she [Holden] should be removing herself,” De Genova said during a phone interview on May 16. “I guess perhaps she's concerned how I may vote [if she abstains], and if that's the case, in a tie vote between COPE and myself, it [a motion] is defeated. The aquarium has a…project coming forward, and if I'm not supportive, it doesn't move forward. It'll be interesting to see if she does remove herself…”

In an earlier phone interview, Holden said that Borowicz, her lawyer, was recommended to her by Vancouver Quadra Liberal MP Stephen Owen because, she said, he is “the best-known governance conflict-of-interest expert in, potentially, the world. He's the honorary consul to Sri Lanka, for example, so he really knows his stuff.”

Vancouver lawyer and former NPA councillor Jonathan Baker also has considerable experience in the area of conflict-of-interest involving municipal politicians.

“People are very cautious [around conflicts], because if you're wrong you can be disqualified from office,” Baker said. “But if you have a legal opinion saying you're okay, generally you're okay. The question then becomes, is the legal opinion right?”

Baker added: “You also have to factor in her position at the aquarium. If she's a janitor, it's not likely that she's going to get promotions, but on the other hand, if she's a middle-level administrator, I would think there is a potential conflict.”

The Coalition of Progressive Electors first expressed concerns in an April 27 news release. The civic party noted Holden had stated during the November municipal election that she would abstain from voting on any issues relating to the aquarium. But even before the May 1 vote, Holden voted at the committee level to send the report to the board meeting.