Peninsula Co-op Elections 2012 - Letter to Peninsula Co-op members

May 21, 2012

Greetings Peninsula Co-op Members,

We are writing to you today, to encourage your participation in the Peninsula Co-op’s election for board directors.

We are active Peninsula Co-op members, working as part of a much larger group of members seeking leadership and policy changes at our co-op. Our goal has been to push for an improved process for the election of directors, greater board accountability to members, good governance, and respect for local agriculture, including the reversal of development plans for a large Co-op supermarket on rural zoned land (tax classification: farmland) in Central Saanich.

It’s been a struggle, but we are happy to report some progress has been made: last year the director election process was made available to members at the Co-op’s retail operations and this year you can vote from home with a mail in ballot (previously members had to attend an Annual General Meeting to vote in the director elections); the membership list is now available for members to contact other members, therefore facilitating greater member participation and discussion into the election process; and the supermarket development plans on rural land are currently on hold due to the Capital Regional District’s refusal to support commercial zoning contrary to regional planning bylaws. However and unfortunately, the development application which would change the zoning to commercial and change our Regional Growth Strategy (RGS) is still active, with Minister Ida Chong allowing arbitration to resolve the District of Central Saanich’s challenge to the legality of the RGS.

The Peninsula Co-op offers rebates on fuel and food store purchases, however we think our Co-op needs to listen more to its membership and expand member services to include a broader range of offerings such as solar heating, pharmacy/health services as well as adding multiple food store locations throughout the south island region. Additionally, we think our co-op needs to demonstrate greater support for local food security, explore ‘green’ transportation alternatives , and facilitate an expansion of the co-operative movement by assisting other co-ops to explore local business/service opportunities for its members and to do all of this in a manner that unites members and community.

We believe Peninsula Co-op, which is owned by the members, needs to look to the future with the local economy & environmental sustainability in mind, and explore alternative energy opportunities for its membership and focus more on supporting local food production.

We are hoping you can support a broader vision for our Co-op and support responsible change and help to make it happen by casting your vote.

We believe the following candidates for director can bring forward a new vision and new ideas for the future of our Co-op, offer a diversity of leadership at the board level and will demonstrate support for community values and membership input. We asking you to consider voting for Glenn Davidson, Roger Hart and Jack Thornburgh for board directors.

Please Note:
The 2012 director election is held May 23 to June 13. Election packages are mailed to all active members meeting an established annual level of purchases. If you have not received an election package you are entitled to vote and can do so by contacting our Co-op’s administrative office at 250 652-5752 and they will mail a package to you.

Please complete the voting procedure and mail immediately, so you don’t forget to do it later. If you would like us to communicate with you by email please let us know by email. We won’t send very many messages, and it would save us money and time for communicating during director elections.
Email address: coopelection2012@gmail.com

Yours Sincerely,

Alicia Cormier
Michael M’Gonigle
Dave Lawson
Randy Pearson
Jack Thornburgh

Peninsula Co-op appoints new CEO, general manager
"Ron Heal is the new CEO and general manager of Peninsula Co-op. Heal replaces outgoing CEO Pat Fafard who retired at the end of March."
Read more - Peninsula News Review (March 30, 2012)

Update: Co-op proposal takes Central Saanich, CRD to dispute resolution
"A proposed grocery store on West Saanich Road will see Central Saanich and the Capital Regional District head to dispute resolution."
Read more - Peninsula News Review (March 28, 2012)

Co-op keeps new store options open - Ruling to decide whether property will remain rural or be developed
" Binding arbitration will likely decide the future of Peninsula Co-op's land on West Saanich Road more than 17 years after the organization failed to win municipal support for a grocery store at that site."
Read more - Times Colonist (March 30, 2012)

BC Supreme Court Ruling Confirms Greater Member Participation in Director Elections at the Peninsula Co-op (January 26, 2012)

Justice Gaul of the BC Supreme Court delivered an oral decision today, confirming Peninsula Co-op members are entitled to a copy of the membership list for the purposes of communicating with members about the election of directors.

The court case was brought forward by Randy Pearson, a member of the southern Vancouver Island based Peninsula Co-op. Disagreement over access to the membership list has been an issue since the 2009 election of directors. A candidate in that election had requested the member list for election purposes, but was denied. That election was eventually tossed out by arbitrator Jakob de Villiers for other substantial irregularities. Pearson filed a court claim in the spring of 2011, after candidates who were running for the 2011 director elections were denied access to the membership list. The Co-op argued access to the list was in conflict with member privacy.

Pearson says “This court ruling will promote increased member participation in the election of directors, and is a victory for greater democratic member control of the co-operative, and it will likely improve overall Board accountability.”

During the 2011 election of directors, only 3.1% of the membership of 56,000 cast ballots. A previous court decision related to The Land Conservancy (TLC), permitted members of a society access to the membership list for election purposes, and the BC Business Corporation Act provides shareholders of public companies access to the shareholder list for corporate purposes, including elections. Pearson states “This decision is consistent with the rights of members belonging to societies in BC and consistent with shareholder practices in public companies across Canada. The BC Co-operative Association Act spelled out that right for co-op members and now the court has ordered compliance.”

Imagining a different Co-op

Peninsula Co-op and Tsartlip First Nation sign agreement to develop grocery store
"The Peninsula Co-op has opened up its options. It announced Thursday (July 21) it had come to an agreement with the Tsartlip First Nation to lease more than five acres of land at the corner of Gowdy Road and Stelly’s X Road in Central Saanich to build a grocery store, gas bar and retail centre"
Read more ... - Peninsula News Review (July 21, 2011)

CRD review of Central Saanich land decisions has many local supporters
"The community is fired up over a Capital Regional District Board decision to review several recent decisions made by Central Saanich council."
Read more ... - Peninsula News Review (July 14, 2011)

"On Friday, April 14, a front page story in the Times Colonist stated that the Residents and Ratepayers of Central Saanich Society was being sued by the Peninsula Co Op for "identity fraud, forgery, mischief, conspiracy, lying and trespassing ."

As president of the Society, I feel that I have to comment on the story. First, there is no truth whatsoever in the allegations made in the lawsuit that RRoCSS was involved or had knowledge of the hoax. At no time before the hoax which is the basis of the lawsuit prepetrated, during any meeting of the Society, either a general or board meeting, was the hoax discussed, nor did any member of the Society ever mention such a hoax to me before it occurred. The Society had no part in the hoax whatsoever.

Secondly, I consider this to be SLAPP suit: an attempt to silence reasonable debate about the Co Op plan to use perfectly good farm land for an unnecessary supermarket. It's contrary to the Central Saanich Community Plan, and RRoCSS has been fighting it, and will continue to do so, in spite of this attempt to muzzle our voice."

Ian Cameron, President

Peninsula Co-op web site

Co-op new location: CS council discussion and vote - part 1 (15 minutes)

Co-op new location: CS council discussion and vote - part 2 (1.5 minutes)

Councillors to deal with bylaw changes for new store before seeking CRD approval (from Times Colonist, December 8, 2010)

"In staff's opinion, the proposal is contrary to many of the objective and policies adopted in the [official community plan] that usually guide district decisions on land use. Council can decide if amendments are to be considered but this will entail not only designated land use changes but policy changes as well," said a report from director of planning Hope Burns.

Co-op: more paving in Central Saanich Peninsula Co-op has been trying for years to find a supportive council to approve the rezoning of their land at the corner of Keating and West Saanich Rd, to host the new Peninsula Co-op store - and more. With the council support for the Vantreight development and the newly proposed firehall location next door on Keating, this new attack on the OCP seems to have everything in its favour.

The Arbitrator's Award declared the Peninsula Co-op's June 24, 2009 election of directors null and void, and new elections to be held within 60 days.

Saanich resident & organic farmer, Randy N Pearson filed a complaint following the June election, claiming the election of directors was conducted contrary to the Co-op’s Rules of Association, the election was conducted in “bad faith” and the election was conducted in a manner that was “oppressive” to many members of the Peninsula Co-operative that were opposed to the re-zoning & development of 8 acres of land for a new food store. Three member/shareholders of the Co-op challenged three incumbents for the director positions, primarily based on development vs conservation of farmland issues.

Arbitrator de Villiers found “substantial irregularity” in the election process that impacted the results of the election. A decision by President Ron Gaudet “to allow voting before the commencement of the meeting was clearly unlawful”. The election was legally required to be held at the Annual General Meeting. Legal & illegally cast ballots were mixed.

This is what Co-op said about their contributions to 2008 CS elections: Peninsula Co-op Newsletter - December 2009 "Recently some of you may have read newspaper articles reporting that Peninsula Co-op made financial contributions to candidates running for Central Saanich municipal election in November 2008. We want to set the record straight. Peninsula Co-op did not contribute any monies to any candidates in any community." Not true: Co-op spent $16483 in the 2008 Central Saanich elections, trying to influence the vote. (Click to see the Campaign Financing Disclosure Statement)

Another “serious irregularity” included an “unlawful” (contrary to the Rules) nominating committee comprised of 3 directors and the General Manager with a “clear purpose to weed out or at least discourage any prospective candidates” that didn’t agree with the Board’s policies.

The most “serious irregularity” was Co-op General Manager Pat Fafard”s open campaign to help elect the incumbent directors, including Mr Gaudet. Mr. Fafard issued an email communication to certain Co-op members urging “members to vote for the incumbents”. His email was characterized as “defamatory” and questioned the personal integrity of the challenging candidates and implying “that their motives were ethically improper”.

The Board of Directors received the email and “thus were fully aware of his scurrilous attack upon the opposing candidates… but there is no evidence that they disowned his remarks or restrained his conduct”.

Election infractions (Monday Magazine, June 3, 2010)

Back in July when Monday asked Peninsula Co-op general manager Pat Fafard about alleged irregularities in the organization’s 2009 board of directors election, he said, “All I can say is I wouldn’t give too much credence to some of the things people have been saying. We held an AGM, it was duly held, we had resolutions, fair elections and it was all in the democratic process—regardless of what people might be saying.”

As it turns out, former provincial court justice Jakob de Villiers—appointed as arbitrator to resolve a complaint filed against the Co-op management by a local farmer—disagrees with Mr. Fafard’s recollection of last summer’s events, which saw the Co-op GM distribute an e-mail questioning the motives—and in one case, competence—of three candidates running against the incumbents.

In a decision released last week, de Villiers concludes, “The election of directors at the June 24, 2009 Annual General Meeting was conducted contrary to to the Respondent’s Memorandum of Understanding, in bad faith and in a manner that was oppressive to those members that were in opposition to the incumbent board’s and senior management’s land use plans.”

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