VOCM OPEN LINE HOST: CONFLICT AND CONCERNS

Journalistic
independence is a fundamental underpinning of a civilized democratic society.
  Concerns about potential conflicts impacting editorial
integrity need quick resolution. The public interest demands no less.
  


In recent
months, Radio station 590 VOCM has employed the services of Open Line Host, Tim
Powers.  The public record confirms Mr.
Powers, through his consulting firm Summa Strategies, is a registered lobbyist,
to the Government of Canada,
on behalf of Nalcor. The exhibit (next page), is located on the Registry of The Federal
Office of the Commissioner of Lobbying.  Its reactivation date is 2012-12-01. 

Mr. Powers
began Consulting for Newfoundland and Labrador Hydro (now a Nalcor subsidiary) having
registered, as a lobbyist, in 2006 (Federal Lobby Registration
#777504-14002).  The date is important
because that is when Premier Danny Williams started putting the Muskrat Falls
Project together and confirms Mr. Powers’ long standing relationship with
Nalcor as one of the early planners of the Muskrat Falls Project.

More specifically, the Federal Lobby Office records Mr. Powers’ area of activity as: 
“assistance related to the Lower Churchill Project. Development of
East-West energy grid.”

The Registry
is accessible via the internet.

The most
recent Lobby Registration also lists the issues over which Mr. Powers declared his
intention to apply his lobby efforts and are very similar to those described in
the 2006 Registration. They include:

* Canada’s
energy policy as it relates to new, large-scale, hydro-electric      capacity in
Newfoundland and Labrador

* Major
Projects Office with respect to overarching project management      and
accountability for a hydroelectricity generation facility on the lower    Churchill
river in Labrador.



Nalcor
Energy Limited is listed as the “beneficiary” of the lobby activity.

The Muskrat
Falls Project is being developed by Nalcor on the Lower Churchill. 

Lobbying is
an accepted practice but only if it is properly disclosed to whom the
lobbyist is making representation.  They
need to be aware that the lobbyist is serving interests other than theirs.  For that reason the rules around lobbyists
and consultants, even after they have ceased the practice, have been well developed
and strictly employed in many governments and private firms, not only to avoid
conflict, but to negate even the perception of a conflict.   



“Purer
than the salt from Lot’s wife” is a metaphor some invoke to describe the
standard expected from  any professional group.

The Lobbyist’s Code of Conduct  is located on the Office of the Lobby Commissioner’s Web Site. 

In recent
months, Mr. Powers acted as a temporary Host on VOCM Open Line and lately has
been heard daily.  He has interviewed the
Premier and Nalcor CEO Ed Martin.  He has
discussed, on his Show, the Muskrat Falls Project and other electric power
issues. 

Even as Nalcor’s
and the Provincial Government’s competence is questioned amidst a veritable
political storm over the failure of the Holyrood Generating Facility and
related power assets, Mr. Powers has been at the VOCM microphone. 

What are my concerns?  I will describe three.

First, Mr.
Powers seems not to publicly acknowledge his relationship, past or present,
with Nalcor with the frequency necessary to ensure listeners are
adequately informed of his potential conflict regarding electric
power issues.

Though I listened to Mr. Powers, at various times during the blackout period and
since, I did not hear him warn his listeners he may be in a position of conflict when such issues arose.  Others
have reported that they have heard him, on occasion, acknowledge the potential
conflict. Evidently, the disclosure is sporadic.

The Public
has a vested interest in this matter because they look to VOCM590, among other
media, for ‘news’.  If this were a
discussion of widgets the public might be unconcerned.  But, news is a far different product; its
quality revolves around assurances of integrity and objectivity.     

Open Line
Shows are a major platform for current political and public policy issues even
if some Hosts describe themselves as entertainers rather than journalists.  During the recent days of rolling ‘black-outs’
Open Line Shows engaged in non-stop information sharing on warming rooms, displaced
seniors, public charges of incompetence by Nalcor officials, the dangers of
carbon monoxide poisoning, press conferences, specific interviews with the
Government and senior Nalcor officials, including those directed by Mr. Powers.  



Would anyone have thought them
matters of entertainment rather than news? I wasn’t laughing and I don’t know anyone who was.

In the weeks
and months prior to these events, as Guest Open Line Host, Mr. Powers conducted
interviews on the issue of Muskrat Falls. They involved Government and Nalcor
officials and members of the public, too. 
I personally did not hear the essential disclosure of Mr. Powers’
relationship with Nalcor.

Can an Open
Line Show Host conduct himself without “an apprehension of bias” in the course
of interviews with powerful politicians and bureaucrats with whom, directly or
through his Company, he receives, or has received in the recent past, monetary compensation?  Is it possible to serve two or more masters?


Perhaps, Mr.
Powers can help me out with these questions, too. 


Having been
on the Nalcor payroll for so long, a Consultant to CEO Ed Martin and by
extension Premier Kathy Dunderdale,
is it truly possible that Mr. Powers believes that his
questions of them throughout the electricity ‘black-out’, were as insightful,
substantive and probing, as they might been had he not enjoyed such a long
standing business relationship with them?

Would he
have meted out a more extensive, intense and demanding cross-examination of
their excuses, pretexts and management decisions?  Would he not have used the dire warnings about the state of certain power generation assets described in Newfoundland Hydro’s Capital Budget, filed with the PUB, to remind them of what they already knew or ought to have known?



Would a more energetic Host he have better sated the public’s need
for clear answers rather than succumb to the prattle of people in search of
political cover for the crises unfolding?

Would
Muskrat Falls or a latent ‘independent’ Government inquiry go unquestioned,
as the proffered antidote to incompetence, were someone on a more singular
mission in his seat? 

Even the
most naïve among us can claim certainty that if the Government’s Inquiry lacks
the presiding authority of a Supreme Court Judge, it is not ‘independent’ at
all.

What does he
take us for? Who does he think he is?

VOCM has an
obligation to require Mr. Powers to declare his potential conflict, announce
that he works or has worked for Nalcor. 
He must be required to perform this function clearly and unmistakeably,
not just occasionally but, without fail, every time a caller raises the
issue of electric power supply, the current outages and black-outs or Muskrat
Falls, every time he interviews a senior official of the Provincial
Government on the same issues, and  every
time
he interviews a Nalcor official on any matter. 

Every member
of the public does not listen to every word spoken on every Open Line Show.  Hence, such repetition is not
only necessary; it represents the best way specific callers and the public can
be assured of learning that the Host may possess an apprehension of bias.

Such
disclosure would equally apply to issues relating to any other company, such as
Alderon Iron Ore, for which company he is also a registered lobbyist (Registration #777504-308605).

Mr. Powers
is a well-known political strategist and Consultant.  The Newfoundland and Government has no
Registry requirement, as does the Federal Government.  Would Mr. Powers advise if he also a lobbyist
for Nalcor lobbying the Dunderdale Administration or if he provides political
advice to the Premier or members of the Provincial P.C. Party?

Indeed, Mr.
Powers connection with Alderon is an important public matter, too, given his
VOCM Hosting role.  Is Mr. Powers playing
two sides of same deal?  Alderon seeks a
break on a $300 million transmission line to Labrador West.  Would anyone claim that it is appropriate for
Mr. Powers to discuss that issue, on Open Line, without referencing his
potential conflict as a paid lobbyist for that Company?

Secondly, and
this is also a critical point, it is the practice of VOCM to include cuts from
interviews, conducted on Open Line Shows in its newscasts.  Just within the last few days, a cut from Nalcor
CEO Ed Martin’s interview with Mr. Powers was aired on VOCM News. No disclosure
as to Mr. Powers’ potential conflict accompanied that news report.  If this is journalism, in the absence of the
interviewer’s disclosure, is it an acceptable standard of journalism?

Thirdly, the
Provincial Government is a major advertising customer of VOCM and other radio
stations within the Steele Communications organization.  There is nothing inherently wrong with such a
commercial relationship.  Media
organizations must have advertising revenues to operate and stay viable.

But, the
potential for conflict is obvious.  The Nalcor/Powers/VOCM
relationship places a heavy burden on the broadcaster to ensure its
journalistic role is at arms-length, and perceived to be at arms-length. 

Would such
potential conflicts not worry the CRTC, the Broadcast Standards Council and
other media overseers?

What about
other local media?  Are they ignorant of
this potential conflict or have they merely ignored its existence?  As professionals, reporting daily at the
local level, are they not concerned about the most fundamental
underpinning of their craft?

__________________________________________________________

You may also wish to read:     WHO WILL GUARD THE GUARDIANS?

___________________________________________________________



How hard can
it be to search the Federal Lobby Registry, to pick up the phone and ask VOCM
or Mr. Powers the questions I cite here and, perhaps, others?

Do I
overstate the value of an independent media?  
Are they the guardians of democracy they pretend to be? Are they
on guard only sometimes, when it suits them, rather than when their vigilance is
most demanded?  If so, please let me know
so that I can lower my expectations!    

It is up to VOCM
to announce clear rules of engagement relating to potential conflicts by any of
its Open Line Hosts. It also must establish clear rules relating to the use of
material obtained on its Open Line Shows and used on its newscasts.

“No blurred
lines”, “no conflicts”, “no perceived conflicts” are valid mantras for VOCM and
for all media.  

Can you
think of any other way to safeguard a disarmed public?

Des Sullivan
Des Sullivan
St. John's, Newfoundland and Labrador, Canada Uncle Gnarley is hosted by Des Sullivan, of St. John's. He is a businessman engaged over three decades in real estate management and development companies and in retail. He is currently a Director of Dorset Investments Limited and Donovan Holdings Limited. During his early career he served as Executive Assistant to Premier's Frank D. Moores (1975-1979) and Brian Peckford (1979-1985). He also served as a Part-Time Board Member on the Canada-Newfoundland Labrador Offshore Petroleum Board (C-NLOPB). Uncle Gnarley appears on the masthead representing serious and unambiguous positions on NL politics and public policy. Uncle Gnarley is a fiscal conservative possessing distinctly liberal values and a non-partisan persusasion. Those values and opinions underlie this writer's views on NL's politics, economy and society. Uncle Gnarley publishes Monday mornings and more often when events warrant.

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19 COMMENTS

  1. I did not know this about Tim Powers. I Googled Tim last week and was impressed, actually on the way to becoming a fan. Now I must rethink.

    Does this disclosure have any thing to do with the announcement that Paddy Daley is now the host of Openline?

  2. This is, in my mind, a clear example of the depth of planning and control that the individuals behind MF have put into this project. There are people of influence in every aspect of NL public life trying to control information and undermine opposition to this project. No accident here.

    • Paranoid much? With polls showing approx 70% of NL'ers support Muskrat Falls, it kinda makes sense that people in all sorts of jobs and industries would be supporters of the project. Would you all be kicking and lashing if he was consultant of that 2041 group?

    • Perhaps the 70% approval rating was reached by Nalcor or the Government finagling Tim Powers into a position whereby he could subtly steer or influence the public into discounting or ignoring some concerns with the project while casting a positive light on other aspects.

      As a professional Lobbist Tim Powers has honed his skills into a set of persuasive powers to influence people into believing what ever it is he is being paid to make people believe in furtherance of his client's interests. This is what a Lobbist does, and the good ones practice this craft in a non-obvious subtle, and natural way so that they may manipulate and influence people preferrably without the person ever realizing that they were manipulated.

      VOCM surely is aware so they must be willfully ignoring/hiding this outrage to journalistic integrity. To put the journalistic prostitute Tim Powers forward on the airwaves as a disinterested neutral conduit on energy issues without requiring him to fully disclose his perceived or real conflict of interest at the beginning end and possibly a few times during each relevant call or interview is a dereliction of duty.

      It could be said that Powers is a flagbearer who butters his daily bread at the table of his Muskrat Falls Masters. It surely is a boon to the proponents to have such an influential asset making friends and influencing the populace of Newfoundland and Labrador on these issue. If I were Tim Powers I would add this ability to command the ears of hundreds of thousands of unwary listeners to my Lobbist resume and like a hooker with an in demand special skill, I would demand a higher price.

  3. A bunch of us got into a argument with Tim on Twitter about all this. I know when he was on in the past I voiced my concerns as well. In all, I have only heard him mention his business arrangements only a few times and I have listened to many hours of his shows as much as I didn't want to.

    Since his last appearance on Open Line I voiced my concerns and stopped listening, not that he or anyone else cares. I do however record the shows and when people want to hear something they or someone else called in to the talk shows about; I will upload the clips for them.

    Last week he was Tim Powers at his finest., cocky and arrogant. He even challenged some of us to call in and because we never he expressed this as a win for him. Why would I call in to a show and argue with someone about something that has more access to inside information than I do. And then be given the bums rush after a couple of minutes. I told Paddy Daly I'd never call his show either for the same reasons. What I have to say on a issue will take longer than 4 minutes.

    Over a period of time a person put in a position will accumulate enough information and experience to be able to control almost any situation. Same for a talk show host. They can use their talent to lead a conversation any which way they wish. They have the power to make or break a caller and I assume they know this. I did the same thing in an entertainment role with up to 100 live people over a period of 2 hours.

    In my opinion Tim Powers was selected to be put in that VOCM talk show seat by VOCM and Nalcor as their best option to represent Nalcor and the government during the crisis we had without really looking like it was that way.

  4. Jim Prentice for Prime Minister – Lets have him back for another talk – Hold your wallets tight when this Conservative drops by selling a deal.

    http://www.thetelegram.com/Business/2011-09-29/article-2762836/Energy-megaprojects-are-Canadas-solution-to-global-turmoil-Jim-Prentice/1

    "Creating jobs that are permanent, in the long term, and sustainable

    But beyond profit, Prentice argues that Canada would benefit from job creation across the country, a surge in export potential, and a reputation for being a clean-energy power — all without running up the government debt.

    Plus, governments need to stand by with loan guarantees if need be, Prentice added

    He noted that while some critics say a mega-project should not proceed unless it can be supported solely by the private sector, Canada has a history of leveraging government support for long-term benefit."

  5. Canadian Broadcast Standards Council — CAB Code of Ethics

    Clause 5 – News

    It shall be the responsibility of broadcasters to ensure that news shall be represented with accuracy and without bias. Broadcasters shall satisfy themselves that the arrangements made for obtaining news ensure this result. They shall also ensure that news broadcasts are not editorial.

    News shall not be selected for the purpose of furthering or hindering either side of any controversial public issue, nor shall it be formulated on the basis of the beliefs, opinions or desires of management, the editor or others engaged in its preparation or delivery. The fundamental purpose of news dissemination in a democracy is to enable people to know what is happening, and to understand events so that they may form their own conclusions.

    Nothing in the foregoing shall be understood as preventing broadcasters from analyzing and elucidating news so long as such analysis or comment is clearly labeled as such and kept distinct from regular news presentations. Broadcasters are also entitled to provide editorial opinion, which shall be clearly labeled as such and kept entirely distinct from regular broadcasts of news or analysis.

    Broadcasters shall refer to the Code of Ethics of the Radio and Television News Directors of Canada ("RTNDA") for more detailed provisions regarding broadcast journalism in general and to the CAB Violence Code for guidance with respect to the depiction of violence, graphic reporting of delicate subject matter or the use of explicit language in news and public affairs programming on television.

    http://cbsc.ca/english/codes/cabethics.php#Clause5

    • "a sheep in wolves clothing"…..I remember the phrase as 'a wolf in sheeps' clothing'. In any event, it sounds like a fashion statement to me. With the power problems on the Rock, I suspect you'll be needing that sheeps' clothing. Could there be a whole new line of business in this? Start knitting and wrap up warm Des. I'll be looking out for your new couture line.