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kwantlen university college
protecting your services



you almost lost your health & dental...

Posted: July 30, 2006

Over the summer, the Reduce All Fees / New Student Vision Party controlled KSA attempted to get rid of your health & dental plan, which is currently run by Gallivan & Associates.

Here's a summary of what went down...

  • As early as February 2006, the KSA was in discussion with Gallivan about the health & dental plan.

  • As early as March 2006, Executive Advisor Aaron Takhar was talking with KSA executive board members about pulling out of the Gallivan run plan --- to ultimately run the plan on their own.

  • In April 2006, the Executive was well on its way with plans to pull out of the Gallivan run plan --- even talking with UBC-Okanagan for information on how they had pulled out of their Gallivan run plan.

  • Also in April 2006, information was anonymously leaked from the KSA to Gallivan about the plans to pull out of the Gallivan run plan.

  • In early May, Steven Lee anonymously receives a number of e-mails that appear to be correspondence between various actors within the KSA about the plans to pull out of the Gallivan run plan.

  • In early May, the KSA passes a motion to have a summer referendum to get rid of the Gallivan run plan. And...

  • The attempt to hold referendum is halted by a Petition filed in the BC Supreme Court by Gallivan & Associates.

A disclaimer about the e-mails received, as posted on this page...

  • Earlier this year, Steve Lee anonymously received "pdf" copies of what appear to be a number of e-mail exchanges between people who have been involved in the Kwantlen Student Association.

  • Who is this anonymous source?

    • It certainly could be any number of people who have been removed or fired over the last year (and the list is by no means limited to the people listed on the other end of that link but a number of key KSA people were let go in late May and early April 2006); and

    • It seems clear that the source kept busy, leaking information not only to Steve but to Gallivan & Associates as well.

  • Unfortunately, Steve doesn't know who sent these e-mails, some of which are posted on this page.

  • Due to the fact that Steven cannot verify the source of the e-mails, the authenticity of its contents cannot be confirmed. As such, people should be cautioned that what is presented here may not be real.

  • But given what is known about this situation (and otherS like it), the e-mails certainly appear to be authentic.
Ultimately, visitors to this site should ask their own questions based on the information provided.


The lowdown...

January & February 2006...

  • In an January 13, 2006 e-mail that appears to be between John Gallivan and Executive Advisor Aaron Takhar, all seems to be well.

  • In a February 17, 2006 e-mail Gallivan & Associates appears to provide the KSA with information about the current health and dental plan.
March 2006...

  • In a March 11, 2006 e-mail, that appears to be from Executive Advisor Aaron Takhar as addressed to President Danish Butt and then Vice President External Affairs Harvey Mann. If this e-mail is authentic, it is particularly revealing as it illustrates:

    • a clear, pre-meditated plan to hold a summer referendum on the issue of the health and dental plan;

    • a clear, pre-meditated plan to place control of the Health & Dental plan right in the hands of a new company as run by either Danish, Harvey or "someone trust worhty enough between BOTH of you to administer the company";

    • a clear, pre-meditated plan to have these plans in place for the fall 2006 semester; as well as

    • a clear, pre-meditated plan to do this at other schools, as Takhar states: "douglas and langara await, not to mention perhaps SFU!"

    At first, the comment in the last bullet seems to be an "out of this world" type of statement, but ultimately it is not, as readers of this site already know about plans by the Reduce All Fees / New Student Vision Party to run in the Spring 2006 Douglas College elections. And knowing about what happend at Douglas certainly makes it appear that these annonymous e-mails just could be the real thing.

  • Further possible communication sent on March 13, 2006 between Gallivan and the KSA illustrate that Gallivan has no idea that the KSA may have issue with them and may soon try to pull out of the plan.
April 2006...

  • Another possible communication sent in the form of an April 19 e-mail serves to illustrate that the KSA appears to be continuing its plans to pull out of the Gallivan plan.

  • A possible April 21 e-mail from UBC-Okanagan General Manager, Rob Nagai to Executive Adivisor Aaron Takhar illustrates that the KSA was possibly talking to UBC-O about how to possibly withdraw in an effective manner from the Gallivan plan. Mr. Nagai appears to send Takhar copy of correspondence that UBC-O may have sent to Gallivan as well as another that UBC-O may have sent to Canada Life about pulling out of the Gallivan plan.

  • Again, it is not clear if any of this communication is authentic, but it definitely appears to be.

  • Another possible e-mail from April 24, 2006, purported to be from KSA Legal Counsel Don Crane to Executive Advisor Aaron Takhar (in response to Takhar's request for feedback), serves to illustrate how the KSA was possibly well on its way to planning the referendum to possibly pull out of the Gallivan plan.

  • As quoted from page 2, paragraph 7 of President John Gallivan's May 19th affidavit it was "quote tempoarily removed due to banning the distribution of affidavits by the CRO. The text of these alleged e-mails appears in exhibits to John Gallivan's affidavit.

    • Gallivan received a number e-mails from an annonymous source and the e-mails serve as warnings from someone inside the KSA to Gallivan about what is possibly about to happen. Reference to this appears to prompt a team from Gallivan to attend the regularly scheduled meeting of the KSA's Board of Directors on April 28, 2006 as illustrated on pages 2 and 3 of that meeting's minutes.

    • Specifically, the minutes of the April 28 meeting provides a summary of the discussion that occurrs:
      "- Concerned about information obtained about a possible referendum question on opting out of the health plan, here to obtain feedback about concerns the board may have.

      - Jaivin Khatri (VP Internal) arrives at 1:05 PM

      - Received anonymously through an email a copy of a draft referendum question with respect to the student health plan.

      - Want to see if we can come to a meeting of the minds with respect to this issue

      - No known issues at this time to be discussed

      - The board was not was not aware of concerns that the Gallivan and Associates representatives had at the time.

      - Issues were resolved and Gallivan and Associates are to contact the KSA president upon his return
      "
  • Shortly before the April 28 Board of Directors meeting, another possible communication sent from Takhar to members of the Executive Board in an April 26 e-mail illustrates how the KSA is possibly going to move a motion to hold a summer referendum to pull out of the health and dental plan.

  • Another possible communication as sent in an April 27 e-mail illustrates how Executive Advisor Aaron Takhar is possibly already in discussion with a Cheif Returning Officer, who will be the KSA staff person in charge of the referendum.

  • In spite of the content contained in the possibly authentic April 26 and April 27 e-mails, it is interesting how the KSA claims in the April 28 meeting minutes how...
    "- The board was not was not aware of concerns that the Gallivan and Associates representatives had at the time."
    But indeed, it is not a stretch to consider that the Board of Directors itself may not have been aware of this plan to pull out of Gallivan, as based on the possible communication that has been received, it seems that this plan was organized by only a few people in the KSA.
May 2006...

  • At the May 12, 2006 KSA Board of Directors Meeting, representatives from Gallivan again attend, only this time they are not allowed to address the Board of Directors. Nothing else on the referendum is mentioned until later in this same meeting, when the following motions were approved by the Board of Directors:

    "RESOLUTION BOARD054-2006 Joey/Jaivin

    BIRT we put forward the following referendum question to members on May 24 to the 25 2006. BIFRT the polls be open from 10 Am to 4PM both days on all campuses. BIFRT that Sukh Hier be contracted to administer the election and Jaivin handle the contract terms between the KSA and Mr. Heir.


    Question:

    Do you agree with terminating the current KSA health and dental plan in its entirety?

    Yes or No

    - Motion carried by two thirds
    - Motion carried


    • Discussion on idea of purchasing land for our own building
    • Discussion on potential building fee for students

    RESOLUTION BOARD055-2006 Jaivin/Joey

    BIRT a referendum question be put forward to the students regarding a $10.00 building fee per student per semester

    • Michael Van Fleet (Aboriginal Liaison) leaves at 4:57 PM


    - Aaron comments on fee being too steep
    - Danish comments that $7.00 would be more appropriate
    - To keep it in line with Douglas Student Union Building fee

    Amendment to main motion Danish/Bik

    BIRT the amount be changed to $7.00

    - Motion carried by two thirds
    - Motion Carried
    "
  • Shortly thereafter, a Petition to the BC Supreme Court is filed by Gallivan & Associates. Two supporting affidavits are also submitted, one by student Steven Lee and another by Gallivan President John Gallivan. The affidavits have been temporarily removed from this site due to a ban on affidavits by the CRO in the fall 2006 General Election. Among many other things, the petition reveals:

    • That the current by-laws of the KSA do not allow for referendums to take place in the summer; and

    • That notice for the referendum is very inefficient.

  • Shortly after the filing of this petition, the KSA relented and agreed to postpone the holding of the referendum.
The health and dental plan was safe for the time being. As far as it is known, no further attempts have been made by the KSA since May 2006 to withdraw from the plan. In the end, it is kind of scary how the KSA almost got away with this referendum - especially considering how many students depend on the health and dental plan.

The petition and affidavits to the Supreme Court clearly illustrate the rules that were being violated in the organization of this referendum. Also, an unfinished draft copy of a complaint to the Referendum CRO by Steven Lee (which would have been filed had the referendum happened) shows how there were other concerns that existed about the referendum.

Only time will tell if the above cited e-mails are authentic. Again, because the source of these e-mails is unknown, their contents should be taken with caution and visitors to this site should ultimately ask their own questions about the information provided.

Related Articles & Postings...

The following articles appear on this website, and are directly related to the above issues:

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