Friday, September 7, 2007

Carnegie Board Member Resigns Over Barring of Homeless Man

Sophie Friegang resigned last evening from the Carnegie Center Board of Directors over the barring of a homeless man, Bill Simpson. Simpson was barred from Carnegie in June, shortly after he was elected to the Board. He has not been allowed into the building to attend Board meetings. The reason given for the barring in a City of Vancouver letter delivered to Simpson was that his website “features links” to the Downtown Eastside Enquirer blog. The blog has published criticisms of Carnegie staff.

Friegang had asked the Board in July to hold a review of the barring of Bill Simpson. The majority of the Board voted against a review. Carnegie President Margaret Prevost took the position at the time that the barring was “a City decision” and therefore not a Board matter. But the prevalent conversation amongst the membership of Carnegie is that the Board was complicit in the barring. Indeed, Vice President Gena Thompson stated in a NowPublic comment that she had been involved in the decision to bar Simpson.

Friegang stated at the July Carnegie meeting that she believed a “serious mistake” had been made in the barring of Simpson. She said she had “poured over” the blog and found nothing that would warrant barring Simpson. I believe in human rights,” she told the Board.

At a July Community Relations meeting, Friegang asked Carnegie Director, Ethel Whitty, if it bothered her that a man may have been wrongfully barred. Whitty did not respond.

Friegang did not attend last evening's meeting. Another Board member, Peter Fairchild, read her letter.

Friegang's resignation comes the day after another Board member, Rachel Davis, distributed a letter accusing Carnegie of a double standard in the barring of Simpson. Davis' letter will be covered in another post.

The barring of a homeless man has become an embarrassment to the Carnegie Centre which presents itself as a "progressive" organization committed to improving the quality of life for the poor and the homeless on Vancouver's Downtown Eastside. The barring without due process is expected to haunt the Carnegie Community Center Association Project which has arranged for their representative, Jean Swanson, to speak to a United Nations representative in Vancouver about homeless. The United Nations representative has scheduled a visit to Vancouver to assess whether Canada is meeting its international obligations in regard to homelessness.

Thursday, August 30, 2007

Carnegie Learning Center Won't Open in Sept Due to Strike

Lucy Alderson, Co-ordinator and teacher at the Carnegie Learning Center, sent out a mass e-mail last Thursday, August 30th: "Hi, Everyone! Well, things are not looking good for re-opening the Learning Centre at the beginning of September.”

The Learning Center is run jointly by Capilano College and the Carnegie Center. Alderson actually works for Capilano College and is not a CUPE member, but most staff at Carnegie are members of CUPE Local 15. The Learning Center specializes in adult literacy, including computer literacy. Alderson’s e-mail reveals her support for CUPE as well as her need for a little time on the Mavis Bacon typing tutor to get the hang of the space bar:

“We have been talking about the situation withCUPE members, Ethel [Carnegie Director], the CCCA [Carnegie Community Center Association], our own union at Capilano College and ourDean. Right now, we have a short-term, 2 week plan to respect the strikeand strongly urge a resolution to the dispute. Hopefully, we are headingin that direction but it is very hard to tell. If the strike continues, wehave many issues to consider and we will bring everyone together to helpformulate a plan.I know that some of you have been helping out in other areas of theCarnegie and some of you have been away, or anxious to get back tovolunteering. We will try and keep you as up to date as possible. I amconcerned about our current students and all the people who regularly usethe facilities of the Learning Centre and the Comunity [Luuuuuucy! Spell check!] Centre. We are alsoconcerned about Carnegie staff who have been on the picket line for almost2 months.I am wondering if anyone has any ideas about bringing pressure to secure aresolution. Do we want to have an email discussion or get together atCarnegie next week?Tomorrow there is a rally at City Hall organized by CUPE. I am going to goafter I have completed some work at the College. It is from 12noon until2:30pm. Also, there is a march from Science World starting at 10am. Let me know any thoughts, ideas or concerns, Lucy"

Tuesday, August 28, 2007

CUPE Rally on Wed. Aug. 29th

There is a march starting at Science World at 10 a.m. tomorrow, Wed., Aug. 29th. It will be followed by a rally from 12:00 to 12:30 at City Hall. It is intended to show support for CUPE and to pressure the City to settle the strike.

CUPE members who attend will receive picket hours.

It is a bad day for a rally as it is welfare day. After five weeks without a cheque, the poor -- some of whom would like to go -- have shopping to do.

CUPE Has A lot of Nerve Demanding Whistleblower Protection

CUPE BC President, Barry O'Neill, spoke to the media yesterday about the strike by civic workers in Vancouver. "[O]ur members are hurting out there," O'Neill said.

Paul Faoro, President of Local 15 which represents indoor workers, was with O'Neill at the press conference. Local 15 and the City of Vancouver have been able to agree on a wage increase of 17.5 over five years. But like Local 1004 (outside workers) and Local 391 (library workers), Local 15 hasn't been able to get the City to meet their demands for job security as well as protection for whistleblowers.

Protection for whistleblowers?

O'Neill has a lot of nerve. There is an unresolved complaint against him for allegedly being involved in the harassment of a whistleblower inside CUPE. A former secretary to two CUPE Presidents was blowing the whistle on unfair labour practices inside CUPE when a letter she had written to Barry O'Neill about the issue was turned over to police in Dec. 2002. She was then visited by VPD Constables Ng and Herrmann in what she alleges was an exercise in intimidation.
One of the issues raised by this secretary -- who had left CUPE with two glowing letters of reference -- was that she saw female co-workers fired after they spoke up about such issues as unfair workloads, verbal abuse, and the fact that CUPE had renegged on a promise of a pension. They had no job protection as these CUPE secretaries did not have the benefit of a union.

Earlier the same year, 2002, CUPE had muzzled a whistleblowing steamfitter and CUPE member working in Plant Operations at the University of British Columbia. The steamfitter persistently spoke up about alleged irregularities in WCB payments which he was briefly receiving, cheques which were processed through the employer and the union. Twice large cheques arrived at his door, for the amounts he had claimed he was owed. They came from the Back to Work office at UBC which was headed by a woman who was on the CUPE Local 116 Executive. But no explanations were given for these cheques. He didn't shut up. The Executive of CUPE Local 116 called the police on him, claiming that he had been threatening.

CUPE BC took an interest in the steamfitters case. They sent a lawyer to a meeting with him and the university. He had not brought a lawyer. The CUPE lawyer,whom he described as "tough", told him that he had to get a psychiatric assessment and take medication or he would lose his job. Guess who shut up about the WCB issue? But CUPE was accused of becoming involved in "political psychiatry".

Conclusion: Barry O'Neill has alot of nerve to demand that the City grant CUPE's membership with protection for the whistleblowers amongst them. But Local 15's Faoro, who is rumored to be angling for O'Neill's job when he retires, has alot of nerve too.

Local 15 was made aware in 2003 of the tactics from unfounded police complaints to political psychiatry that their dues to CUPE BC were supporting. What did Local 15 do to ensure that workers could speak up about workplace conditions without fear of harassment? Nothing. But Faoro had the term "fair" on his lips during this summer's CUPE strike, so the secretary wrote to him asking that he show some leadership and ensure that her grievance against CUPE was resolved.

Faoro ignored her.

"[I]t's time to actually end this dispute," Faoro told the Vancouver Sun yesterday. Which dispute would he be talking about? The one between his members and the City of course, not the whistleblowing secretary's dispute with CUPE.

"In order to show leadership, and try to resolve this dispute, we are prepared to take the lead....", Faoro also told the Sun. The whistleblowing secretary has yet to see these leadership qualities in Faoro.

Harassment of a whistleblower by CUPE is not restricted to the case of the secretary and the steamfitter. The Downtown Eastside Enquirer has obtained documentation supporting two other cases: the case of a whistleblower about the Vancouver School Board and that of whistleblower at the CUPE stronghold of Carnegie Center.

The Vancouver School Board Whistleblower: a CUPE member working inside the VSB involved herself in harassment tactics targeting this whistleblower

This situation occurred after several Vancouver residents had independently complained over the years to the Vancouver School Board about a verbally and at times physically abusive, and racist, teacher. Nothing was done. A woman wrote to the School Board in the fall of 2002 about the VSB's duplicity in the handling of such complaints, specifically their public assurances to the public that "bullying" complaints were taken seriously while in reality disregarding them and treating the complainants as the problem. She stated in the letter that she intended to draw public attention to this duplicity by campaigning in the School Board election, just two months away. In the same letter she made a freedom of information request for recent documents from the file pertaining to her complaint against this teacher.

The response this woman got was a visit from Car 87, in which a police constable and a psych nurse ride together. She believes that this was an attempt to undermine her credibility in the upcoming election campaign. When the woman read the psych report which cleared her but smeared her, the sole reason given for the visit was that she had made "freedom of information requests." The primary witness against this whistleblower was, guess who? A CUPE member. It was Georgina Kosich, the Labour Relations and Freedom of Information Assistant who processed foi requests at the VSB. Kosich was the only staff person who met with the psych nurse, Don Getz, when he arrived at the VSB in the police car, according to his report, (although he had briefly spoken to an in-house lawyer, new on the job, who directed him to Kosich.) More about Kosich: the targeted woman has letters she received from Kosich in response to her freedom of information requests encouraging her to feel free to contact her. The targeted woman's FOI requests had not been excessive; she had made two over the previous year. This case has been labelled "political psychiatry" by Downtown Eastside advocates.

The Carnegie Center Whistleblower: CUPE members were involved in getting an alleged whistleblower barred from Carnegie Center

The most recent case, of course, of the involvement of CUPE members in silencing a whistleblower is the notorious case of Bill Simpson, a homeless man who was barred from Carnegie Center because he was suspected of being associated with a blog. The blog was being used to blow the whistle on Carnegie Center staff [most of whom are CUPE members] and Director Ethel Whitty for not always giving taxpayers what they had paid for.

Roughly a year ago, bloggers began reporting to taxpayers when CUPE members [and one BCTF member] were locking patrons out of publicly-funded educational and computer services that were scheduled to be open. CUPE members interrogated volunteers at the Center in what took on the characteristics of a "witch hunt" for the blogger. In fact, one volunteer claims he was separately questioned by Rika Uto, Colleen Gorrie, and Carnegie Assistant Manager Dan Tetrault -- all CUPE members. The volunteer was also interrogated by two members of the BC Teachers Federation, Lucy Alderson and Betsy Alkenbrack, and Carnegie Director Ethel Whitty. This witch hunt resulted in Bill Simpson being led to the office of Skip, Carnegie Head of Security and a CUPE member with some seniority, and informed by Lucy Alderson that he was barred from the Carnegie Learning Centre.

But here's the thing about Skip: he showed a tendency to skip Simpson's rights. When Simpson asked him for something in writing so that he could appeal this barring from a public space, he recalls Skip saying, "Ah come on, give me a break, I'm new here." Skip never gave Simpson anything in writing, and neither did Alderson who was also asked.

Carnegie Board member, Rachel Davis, recently stated on Vancouver Co-operative Radio that every barring at Carnegie must be accompanied by an incident report. But security guards don't always produce one and when the do, she explained, they often won't allow the targeted individual to see it.

But efforts to stop legitimate whistleblowing at the Carnegie Center didn't end with this barring. They continued when bloggers alleged that a CUPE member in a social work role was repeatedly having sexual relations with male clients, many of whom were troubled. Two of these clients had successfully committed suicide and one made an unsuccessful attempt by jumping off a bridge and becoming a quadrapelegic -- although no direct link was claimed to exist between these tragedies and the supervisor's former sexual liasons with these men. The 'Sex in the City' supervisor was not named in the post at the request of sources who simply wanted her misconduct to stop.

Not only was the 'Sex in the City' supervisor never genuinely investigated but, with the support of CUPE, managed to wrangle a Workers Compensation judgement out of this situation. She took the position that bloggers at Carnegie were creating an unsafe work environment. Carnegie Board member, Grant Chancey, an outspoken CUPE supporter during the strike, wasn't buying this framing of blogging as a safety risk to a CUPE member. "This is not a WorkSafe issue", he said at a Community Relations Meeting at Carnegie, adding that he had seen no threats whatsoever on the blog posts "and I've looked and I've looked and I've looked."

The result of the WCB claim, according to Ethel Whitty, was that homeless Bill Simpson was once again barred -- this time from the entire building. He was no longer accused of blogging but simply of "featuring links" on his website to the blog criticizing CUPE members at Carnegie. Written notification of the barring was personally delivered to Simpson on June 21, 2007, after he was held at the front door of Carnegie by Trey, a security guard and CUPE member. Director Whitty and Assistant Director, Dan Tetrault, a CUPE member, came downstairs from their offices to deliver the letter. This was one of Tetrault's last acts on the job before going on strike to demand more money and of course whistleblower protection for himself and his CUPE dues-paying co-workers.

CUPE members from top to bottom at Carnegie involved themselves in this barring despite the fact that low income members of the Center had elected Simpson to the Board of Directors two weeks earlier. Did I mention that Simpson is not even allowed into the building to attend Board meetings? The henchmen at the front door, all CUPE members, will stop him.

In the case of the attempt to penalize whistleblowing on a blog, a characteristic tactic of CUPE leaders or members turned up -- the unfounded police complaint. Bill Simpson was contacted by police and so were others suspected of being associated with the whistleblowing blog. But a visit to an ex-boyfriend of the 'Sex in the City' supervisor and CUPE member was particularly telling. The police officer who appeared to be off duty told the ex-boyfriend that the Crown would not be laying charges as the blog content was true, but that he had come to register concerns about the blogging. Blatant intimidation. Blatant police state activity.

Carnegie Assistant Manager, Dan Tetrault, would have at the very least known about this police complaint. Did I mention that Tetrault is the guy with a high five figure salary out on the picket line asking for more money and whistleblowing protection for himself and his co-workers?

It's documented. CUPE leaders and members have a record of harassing whistleblowers by employing illegal tactics ranging from police complaints unsupported by actual evidence to political psychiatry similar to that employed in the People's Republic of China. And while doing nothing to address the suffering of whistleblowers whose reputations they have damaged, CUPE has the nerve to demand whistleblower protection for their members.

It's time to blow the whistle on CUPE.

Friday, August 24, 2007

Thief Steals Confidential Patient Information from Downtown Clinic


(photo) Maureen Whyte, accused of "obfuscating"

Hot pink posters in the Downtown Community Clinic warn clients that their personal information may be in the hands of a thief. Clients who have had clinic staff fill out “financial” applications are possible victims, Maureen Whyte of the Vancouver Health Authority announced in an Aug. 21 memo which was photocopied onto the hot pink sheets. We are "very troubled" by the theft, wrote Whyte who is the former director of North America's first "safe fixing site" for drug abusers a few blocks away.

A thief, Whyte wrote, had stolen a piece of “equipment” from the clinic which contained “limited personal client information”. The information was primarily related to “applications for benefits and income tax.” The clinic on Powell Street serves the Downtown Eastside poor and many drug addicts, a large number of whom get assistance filling out welfare and other government forms which require medical information.

Police believe that the theft was a “crime of opportunity” Whyte wrote, and that the thief was after the equipment but not necessarily the information on it.

I told Serg, who lives on the Downtown Eastside, about this theft of “equipment”. He laughed and exclaimed, “A computer got stolen! They’re obfuscating.”

Serg has used the Downtown Clinic and believes that the “limited” information Whyte claims was on the equipment stolen would have almost certainly included social insurance numbers, birth dates and addresses. Although he agrees that the thief may not have initially been after the data on the computer, he said,“What if an Asian gang member [PC pause: there are gang members in all races] gets hold of that computer? That information could get into the hands of a credit card fraud ring.” Identity theft is a big industry globally, he pointed out.

What were the security guards at the Clinic doing when the theft occurred? Watching television? Two security guards are in the waiting room within full view of a row or receptionists behind plexiglass. One sits behind a desk in the corner at all times and, like clients, occasionally has his eyes fixed on the small television hanging from the ceiling on which DVDs play. On the positive side, the security guards seem to have good rapport with clients, some of whom are regulars and stop at the Security desk to chat.

With just two 8" X 10" posters taped to the plexiglass at reception wickets, and a font size on the poster no larger than what you're reading now -- even for the headline, although it was in bold font -- Whyte was obviously not giving the theft of personal information any higher profile than she had to. The Vancouver Police, on the other hand, have been sounding alarms over the past year about the seriousness of identity theft in Vancouver. They have been giving interviews to various media, including the Vancouver Sun which ran a huge feature on the topic, warning people to wake up.

Wednesday, August 22, 2007

Law Firm Asks Homeless Man for $1,000 Retainer

Lawson Lundell, a major law firm in downtown Vancouver, has asked a homeless man, Bill Simpson, for a $1,000 retainer. Simpson received the request in an Aug. 18th e-mail from Tom Woods, who identified himself as head of the Lawson Lundell Defamation and Media Law Practice.

Simpson had been hoping for a little pro bono help from Lawson Lundell in what is believed to be a clear cut libel case against the Carnegie Center Association (and some say, the City of Vancouver). The writer apologized and admitted in writing that he had published "libellous commentary" about Simpson.

Simpson was specifically named in the libelous commentary which included various claims, including one that Simpson had resorted to fraud to get himself elected to the Carnegie Board of Directors in June. In his subsequent retraction, the author of the libel stated that publishing such claims was "unconscionable". But the damage was done.

And it is not the first time that libel has been disseminated by the Carnegie Center Association, although it is the first time that Simpson was specifically named.

Woods told Simpson in the e-mail that after he paid the "up front" $1,000, he would be charged $400/hr. for his services as a senior lawyer. Woods would attempt, though, to recruit a junior lawyer to work under his supervision, whose time would go for $250 - $325/hr. Woods acknowledged that Simpson might find these "high numbers", so he offered to provide him with a number to call to get the names of lawyers outside the downtown core who have lower fees.

Unfortunately anything other than FREE is outside Simpson's price range. He has no job and no home. And he doesn't get welfare.

Simpson was amazed by the letter from Woods and appeared disheartened. He had believed that Lawson Lundell was aware that he was homeless. Material he had dropped off at the law firm pertaining to his case had included links to his website, Downtown Eastside Enquirer .ca, and to a blog, both of which identify him as homeless.

Simpson says it is possible that Woods had not reviewed the websites and was not aware that he was homeless.