Mullen fired from casino security job: court papers
The man at the centre of a mysterious criminal investigation at the B.C. legislature was terminated from his previous casino security management job, according to court documents.
Alan Mullen, special adviser to house Speaker Darryl Plecas, initiated a civil lawsuit for wrongful termination in August 2007 against his former employer Great Canadian Casinos Inc.
Documents show the case was either settled or dropped by Mullen prior to a hearing, and without costs to either party, in December 2007.
Mullen had claimed he was terminated without cause and without reasonable notice.
The casino responded to the court that Mullen had, in fact, been suspended for four days, without pay, for “intoxication in the workplace.”
The casino said Mullen did not appeal the suspension, which occurred in September 2006. The two sides continued their working relationship until about a year later, in June 2007, when Mullen commenced an internal claim for 542 hours of overtime worth $11,465. His salary was $45,000.
But the casino claimed Mullen was unco-operative when it attempted to investigate his claim.
“The Defendant [casino] attempted to investigate and resolve the matter through dialogue with the Plaintiff [Mullen] but the Plaintiff steadfastly refused to provide the necessary or any backup documentation or supporting information,” said the casino’s statement of defence.
The casino claimed Mullen was “vexatious” after he commenced an action in provincial court to recover the overtime pay.
The casino said it asked Mullen to provide documentation or supporting information if he wished to pursue the claim, but he instead filed his lawsuit, which the casino said was a “repudiation of the Contract of Employment.”
At this juncture the casino believed Mullen had “by his actions … poisoned his relationship” with the casino. “It was no longer feasible for him to remain in the [casino’s] employ and he was dismissed for cause as a result.”
Mullen started working at the casino as a security guard in February 2004 and was promoted to a security shift manager position one year later. Mullen claimed he was diligent and faithful in his duties. He claimed his dismissal was “callous, abrupt and humiliating,” which caused him anxiety and loss of reputation for which he sought general and special damages.
Terms of any potential settlement were undisclosed and Mullen has not replied to multiple interview requests.
Great Canadian Casinos said it does not comment on personnel matters.
Mullen was thrust into the political spotlight last week when Plecas, the Speaker, revealed Mullen had conducted a secret, seven-month private investigation into sergeant-at-arms Gary Lenz and legislature clerk Craig James.
The files were passed to the RCMP.
MLAs voted last week to suspend James and Lenz pending the results of a police investigation regarding their administrative duties. The clerk oversees the running of the legislature and the sergeant-at-arms is in charge of security.
Two special prosecutors — David Butcher and Brock Martland — have been appointed to manage the investigation, but no charges have been laid and no details of the allegations have been released.
Mullen was hired by Plecas as a special adviser for a reported $75,000.
After his job at the casino, Mullen reportedly volunteered on political campaigns and worked as a corrections official at Kent Institution, a federal maximum security prison in Agassiz, where he and Plecas, a prison judge, met.
Plecas suggested to house leaders last week that Mullen be appointed interim sergeant-atarms — a suggestion that was met with quick refusal, according to Minister of Public Safety and Solicitor General Mike Farnworth.
James and Lenz say they are unaware of specific allegations against them.
The fall legislative session ended Tuesday with no more answers about the suspended senior legislative officers, dashing the hopes of the clerk and sergeantat-arms that they could be reinstated as the investigation takes place.
The B.C. Liberals attempted, unsuccessfully, to introduce a motion that would allow MLAs to review their unanimous vote to suspend sergeant-at-arms Gary Lenz and clerk Craig James last week.
The men are suspended pending the results of a police investigation related to their administrative duties. The clerk oversees the running of the legislature and the sergeant-at-arms is in charge of security.
Two special prosecutors have been appointed, but no charges have been laid and no details of the allegations have been released.
Opposition Leader Andrew Wilkinson said members voted on Nov. 20 without crucial information as to the role Speaker Darryl Plecas and his friend and special adviser Alan Mullen played in the investigation that led to the suspensions. Most MLAs were also not informed that Plecas suggested Mullen take over as acting sergeant-at-arms, even before Lenz was placed on administrative leave.
The motion needed unanimous consent to be introduced and it failed to get support from NDP house leader and Minister of Public Safety Mike Farnworth and B.C. Green Party Leader Andrew Weaver.
“I think there’s a great deal of uncertainty about where this investigation came from, whether it was conducted properly and whether the motion brought to the house was properly put together,” Wilkinson told reporters on Tuesday afternoon.
“Having learned what we have about the dubious credentials of the investigator, we would [ask more detailed questions] if we were given this proposition again.”
Many have questioned whether Mullen, a former corrections manager at Kent Institution, had the proper qualifications to assist Plecas with the internal investigation into Lenz and James, the results of which were forwarded to the police in August.
Mullen was hired in January by Plecas, whom he met when Plecas was an adjudicator at Kent Institution.
At a press conference in Vancouver on Monday, Lenz and James proclaimed their innocence, said they would fully cooperate with the RCMP investigation and asked to be reinstated while the investigation proceeds.
However, a vote in the legislature is required to lift their suspensions and the legislature will now recess until February 2019.
The B.C. Liberals also pressured Farnworth to call an emergency all-party legislative assembly management committee meeting.
The committee, which oversees administration and financial management of the legislative assembly, is set to meet on Dec. 6, but Liberal MLA Shirley Bond said that isn’t good enough considering the urgency of the matter.
Premier John Horgan acknowledged that “it’s been a difficult week” in the legislature and said he “wishes the events of the last week had not happened.” However, he said the deputy clerk and deputy sergeant-atarms have stepped in to ensure the legislature continues to function smoothly.
Horgan also defended Plecas, saying “his impartiality is not in question as far as I’m concerned.”