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Lawsuit alleges Robertson conflict over HootSuite deal as election campaign ramps up early

February 17th, 2014 · 27 Comments

So here is the actual text of the lawsuit that the Cedar Party’s Glen Chernen and Co have launched against the mayor with respect to the HootSuite lease, which various other media have been reporting on.

I have yet to talk to any municipal-law lawyers about this, but my understanding from past coverage on this murky issue is that conflict is not as easy to define as it appears among those who throw the term around in conversation.

I remember Sam Sullivan once excused himself for voting on something involving the whole neighbourhood where he lived, a move that lawyers said was an excess of caution, since councillors can vote on issues where they have an “interest in common” with many others. If that weren’t true, no councillor could vote on, for example, taxes, since they are affected by any increase in taxes.

So the issue in a conflict case typically is — did the council member or a direct relative benefit directly by a decision that the council member voted on.

However, I’m sure there are better armchair lawyers out there than me. Any thoughts on the points raised here?

HOOTSUITE ROBERTSON LAWSUIT

Categories: Uncategorized

  • spartikus

    I’m not a lawyer, so I’ll stay far away from this one except to note:

    1. Rob Ford hasn’t been kicked out of office.

    2. This whole thing seems to hinge on whether Hootsuite’s townhall was an in-kind political donation or whether Vision Vancouver paid for it. This isn’t clear from the facts currently in the public domain. Even then the act of a political donation would disqualify being able to make a decision on a whole lot of things, if that was the standard.

    Which I don’t think it is. But what do I know.

  • F.H.Leghorn

    According to Western Investor “in Vancouver office rents for even Class AA buildings rarely top $40 per square foot and the average office rents across the city are in the sub-$25 per square foot range”.
    The suit is clearly a publicity stunt, but a pretty good one.

  • matt

    This might be one of those situations where the cover up is worse than the crime. The conflict of interest seems to be a sweetheart rental deal and sole-sourcing of HootSuite services in exchange for Vision campaign support by HootSuite. If the rental deal is reasonable and there are good reasons not to tender to HootSuite competitors (support local industry, etc.) then the allegations fall apart. But why refuse to release financial information, ESPECIALLY after the adverse FOI findings? Makes it look like CoV/Vision has something to hide.

  • boohoo

    Sue your way into office. Interesting approach.

  • MW

    I’m beginning to suspect the Cedar Party is actually a puppet party set up by Vision to split the right wing vote… 🙂

    Next possible announcements coming up from them:

    – Total ban on all bicycle riding in the city!
    – Privatization of all municipal services, making all services opt in, thus saving TAX DOLLARS!
    – Completion of the freeway project abandoned in the 70’s… Connect downtown directly to the highway!

    There’s all kind of crazy stuff that would never actually fly in the real world that you could make up that would pull a good chunk of the far right wing vote guaranteed. Just look to Toronto if you don’t believe it works!

  • brilliant

    @Spartikus 1-“I’m not a lawyer…”
    Well lucky for us a certain rabid Visionista who has those skills will no doubt be along shortly to defend the generous Gregor the Green.

  • Rf

    The rejected offers to purchase would be the key info to discover. If any were higher than the purchase option price, this will get more interesting.

  • teririch

    ‘1. Rob Ford hasn’t been kicked out of office.’

    ****

    Rob Ford has abused himself, but not the city coffers.

    Giving away $700K in taxpayer dollars in rent to a tech company that has done work to the benefit of a political party is an abuse of power.

  • spartikus

    Giving away $700K in taxpayer dollars in rent to a tech company that has done work to the benefit of a political party is an abuse of power.

    So tenants of 5 E. 8th Ave don’t qualify for the Tenant Improvement Program?

    As for Rob Ford, it’s been displayed he’s used city resources (and letterhead) for his and his causes’ benefits. Still, the dude abides.

    “I would just like to see this go to a judge and have it run its course, and give the mayor a fair shake at defending himself,” Chernen said.

    Sounds like a fishing expedition to me. Mr. Chernen must have a lot of money.

  • Mary

    Conferring a lease at less than market value constitutes a grant, and grants can only be conferred upon charitable institutions according to the Charter. Not sure why Jonathan Baker neglected to include that in the petition, as he is well aware of that provision, or should be. Unless of course it is a publicity stunt and not intended to have any real repercussions so the next guys can do the same thing.

  • Everyman

    @teririch 7
    Heaven help us if a video of Rob Ford abusing himself surfaces!

  • teririch

    @spartikus #8

    From what I read in the court docs attached to this article, the TIPS ‘suggestion’ came in after the fact and would be ‘fast tracked’ – whether they qualify of not is a whole other matter.

    As for Ford, he still outpaces Robertson when it comes to the popular vote..

  • teririch

    @Everyman #11:

    Going on Ford’s history, never count anything out…LOL!

  • Glissando Remmy

    Thought Of The Night

    “We live in a Bizzaro World. A world in which a “Green” Deputy Mayor flies 20,000 Km to Sochi, Russia, to deliver the “GBLTQ message” and a world in which the other “Green” Mayor flies 20,000 km to South Africa to get delivered the “Climate Change message”
    Bizzaro People living in a Bizzaro World. The one and only world, the world of Bizarro Gregor.”

    Having said that, let’s recap:

    Hootsuite – the hi-tech company whose employees are as arrogant and uncivilized as their political friends. Remember… Eve?
    The “smell ya later Mt. Pleasant” gal.

    Anyhoo.

    – The lease contract shows a $47,149.50 per month ($17 per square foot) charge, escalating to $61,017 ($22 per square foot) in the fifth year.
    – The contract includes a $700,000 renovation allowance.
    – The contract also includes an option to buy the former Vancouver Police building for $9.3 million by the end of 2015.

    “A reasonably well-informed elector in the City of Vancouver could conclude that Mr. Robertson’s interest as the recipient of substantial assistance from Mr. Holmes/HootSuite as well as their personal relationship could influence Mr. Robertson’s decision to authorize the lease of the city-owned property. The facts in the case at hand would lead an elector to question who received the better deal, the City of Vancouver or HootSuite.”

    FACT: Holmes contacted Robertson’s chief of staff Mike Magee on July 3, 2012 via Magee’s Converge Communications private email account, asking for the building to be added to the city’s Tenant Improvement Program to expedite renovation permits.

    FACT: City Hall has refused to show how much it actually receives monthly from HootSuite. Likewise, city hall is keeping secret the amount it pays for a monthly HootSuite software licence on a contract that was not put out to tender.

    Money, money, money…
    To all the above, all that Bizarro Gregor has to say is that the lawsuit is ‘bizarre’ and ‘disappointing’.
    Sure thing.

    Just call him Bizarro Gregor.
    The opposite of Teflon Gregor.
    In fact, his exact opposite.
    He lives in a Bizarro World.
    Up is down.
    Down is up.
    Says “Hello” when he leaves, “Goodbye” when he arrives.
    Tendered “NOT” contracts are gifts from above, and questions from the public are mosquito buzzzz.

    I guess, what Bizarro Gregor actually wanted to say, but couldn’t (as Mike Magee would not allow it) was this:

    http://www.youtube.com/watch?v=41n3mwCcZQ4

    We live in Bizarro Vancouver and this keeps us busy.

  • Ned

    That’s a shame… awwww, the mayor is disappointed. I think he is disappointed because he got caught in yet another, grave this time, controversy. As per Glissy above “- The contract also includes an option to buy the former Vancouver Police building for $9.3 million by the end of 2015.”
    If this happens I wonder what would the value of that property would be in 2015? How many millions would there be left on the table, eh?
    Anyone who lives in Vancouver knows where the prices for real estate are going. With 45,000 ‘business investor’ type from Hong Kong & China alone, waiting for their visa applications to go through.
    Brace yourselves for market impact.
    “Bizzaro People living in a Bizzaro World. The one and only world, the world of Bizarro Gregor.”
    ROTFLMAO!

  • Waltyss

    It’s amusing (amazing?) what will entice rabid Vision haters like Mr. Remmy and/orNed from under their rocks.
    For some intelligent discussion, I would refer readers to Mme. Bula’s article in today’s Globe about the merits of this lawsuit and Pete McMartin’s column in yesterday’s Sun about what a flake Chenchen ( or whatever his name is) who brought the lawsuit is.
    And of course our own beloved neighbourhood snoop and stranger to facts is suggesting that Rob Ford is preferable to Gregor Robertson. How can one possibly respond.
    Well, we are in pre-election silly season. And probably for the first time ever I agree with Foghorn, that this lawsuit is just a publicity stunt. I disagree as to whether it is a good one. Mostly, except among the small band of Vision haters parked on this site, it is exposing the reptilian nature of the guy behind the lawsuit

  • Bill Lee

    @brilliant // Feb 17, 2014 at 2:33 pm #5

    Some people never forget the Hootsuite arrogance of their people in Railtown (DTES)

    See the Eve Belanger tweet at :
    https://twitter.com/jonesj/status/435213687603752960/photo/1

    among many other places.

  • Bill Lee

    An old Georgia Straight has the HootSuite FOI documents obtained by Sam Reynolds.

    Readers focused on the “$4.55 million was allocated from the Capital Financing Fund for building improvements.”

    http://www.straight.com/news/369851/sam-reynolds-city-vancouvers-hootsuite-deal-shouldnt-be-kept-secret

    Then there is the ‘Cleanup’ of the 213 Main, ex-Vancouver Police Department building (they are still operating out of the newer extension on Cordova), for so-called Startups for the flailing Vancouver Economic Comission.

  • teririch

    This one is for Waltyss (not that I expect it to change anything)

    ‘Feed the trolls until they burst…’

    http://rabble.ca/news/2014/02/online-vs-offline-harassment-are-there-blurred-lines#.UwO315Isecw.twitter

  • waltyss

    teri @ 18. When you threatened a lawsuit, I told you truth was a defence and offered to withdraw any comments that were untrue. Never heard anything.
    Now you are claiming to be harassed. Poor dear!. I am not the only one to point out that you mostly get your facts wrong and never withdraw or apologize for your untruths. We would truly wreck this site if we went through them.
    As for your being the neighbourhood snoop, we have already established that and no point boring people further.
    Finally, it is worth noting that you and your ilk are good at dishing it out. Unfortunately, you fall down when it comes to taking it. And that is what makes you an object of derision.

  • F.H.Leghorn

    Oh waltroll : http://timesofindia.indiatimes.com/tech/personal-tech/computing/Online-trolls-are-psychopaths-and-sadists-psychologists-claim/articleshow/30608421.cms

  • Glissando Remmy

    Thought Of The Night

    “Who cooks for you? Who cooks for you?
    Whoo? Hoo hoo hoo hoo hoo hoo hooooo?
    http://www.learner.org/jnorth/sounds/Owl_Barred_WhoCooks.mp3 ”

    Bill Lee #16

    Thanks for making the effort to look for the screenshot of Eve Belanger’s tweet.
    It was in re. to that tweet, when I wrote this #8:

    “Hootsuite – the hi-tech company whose employees are as arrogant and uncivilized as their political friends. Remember… Eve?
    The “smell ya later Mt. Pleasant” gal.”

    Cheers!

    We live in Bizarro Vancouver and this keeps us busy.

  • teririch

    @Waltyss (endless)

    “…As for your being the neighbourhood snoop’

    Okay Waltyss – here you go; going back to my original posting stating I took a picture of cars parked on the road outside of the Mayor’s house and your at that time off the rails response which seems to continue – I had some ‘concerns’.
    (I am sure others that called you on your postings at the time of may remember the level you reached)

    At the prompting of some friends who viewed your online ‘comments’ it was highly suggested I refer the the matter to a very dear friend -a now retired RCMP officer (worked 33 years in international organized crime, has numerous awards, honors and certificates from varying governments, including ours and now works with companies, governments and individuals on ‘safety’)

    There is a difference between ‘absolute truth’ and what an individual manufactures in their own mind as ‘absolute truth’.

    The behavior of ongoing harrassment is a chargeable offense. As are slanderous remarks.

  • Don D

    Some of you seem to know who the most obnoxious person in the world is. Why don’t you out him? Waltyss literally makes my flesh crawl and I can’t sleep at night because I don’t know where he is.

  • Waltyss

    Teririch, i can only repeat my post #19. If I have said something about you that is untrue, let me know and I will withdraw it. Otherwise what I have said in all of post #19 stands.
    However I will not bore others with a senseless debate with you. I will continue to point out and comment on your more egregious untruths. (Commenting on all of them is too boring and time consuming.)And a retired police officer has me quaking in my boots.
    And if you think responding to your nasty, stupid or untrue comments or commenting on the nature of the person who would make such comments constitutes harassment, well, you are also dreaming in technicolour.
    ‘Nuff said.

  • rf

    How about all of you stop whining like babies.
    Teri – get over yourself
    Waltyss – you’re an obnoxious twit…but it takes one to know one.

  • brilliant

    Tootsue will likely be just another here today gone tomorrow tech.company so beloved of leftist politicians looking to.spend taxpayers money.