KDFWR ethics investigation
FRANKFORT, Ky. — Leaders of the Kentucky Department of Fish and Wildlife Resources have violated state policy by using government property and employees for their own benefit, a government investigation found. The Office of Inspector General released findings from a months-long investigation on Monday, citing a variety of misuses of government resources, including instances in which managers used their influence to have free fish delivered to private ponds, a perk that isn't available to the general public.
"We fully intend to address the issues raised in the report's findings to ensure that all policies and procedures are followed and that the integrity of the department is maintained," said Stuart Ray, chairman of the Kentucky Fish and Wildlife Commission, a nine-member board that oversees the agency.
The investigation found that in one instance, state employees were used on state time in a state vehicle to pick up building materials for the personal use of the former leader of the agency, Wildlife Commissioner Jonathan Gassett, who resigned in September while the investigation was underway.
Gassett said in an email message Monday that he hadn't seen the findings and wouldn't have any comment before reviewing them with his lawyer and taking "any necessary action."
Bill Haycraft, former president of the League of Kentucky Sportsmen and a longtime critic of the agency, said he wasn't surprised by the findings.
"We knew that this sort of thing was going on, but you couldn't prove it," Haycraft said.
The inspector general found that several leaders had been involved in using state employees to deliver free fish to private ponds.
Matt Sawyers, deputy secretary of the Tourism, Arts and Heritage Cabinet, has temporarily taken over day to day management of the wildlife agency.
Gassett left the agency in September to take a job with the Wildlife Management Institute, a nonprofit organization based in Washington. In a letter to employees, Gassett wrote that he decided to leave after "many sleepless nights."
The wildlife agency had come under heightened scrutiny in recent years.
The inspector general said rank-and-file employees of the agency had also worked at Gassett's house, using agency pumps and fans to remove water from a flooded crawlspace.
"They had little means by which to object to an order given to them by a supervisor, even though some of the employees had reservations about the work they were being directed to do," the inspector general wrote in a 59-page report. "There was also present the fear of retaliation for refusal to follow a manager's directive."
The inspector general's office called for "appropriate disciplinary action" to be considered against people found to have violated agency regulations or state laws, and called for steps to be taken to protect employees who cooperated in the investigation against retaliation.
Link to 59 page report
[url]http://media.kentucky.com/smedia/2013/12/09/17/18/Uyavt.So.79.pdf[/url]
A couple excerpts
"By an email dated September 4, 2012, KINMAN requested of MARPLE “about 225 farm pond catfish in Oct. for Comm. Glenn” (EXHIBIT). According to MARPLE, KINMAN picked up 225 fish weighing a total of 2.2 pounds from MARPLE on or about October 18, 2012. KINMAN picked up the fish after normal working hours and personally delivered the fish to LEE. KINMAN admitted during his interview that LEE was not charged for this fish delivery.
f. By an email dated April 3, 2013, (EXHIBIT) KINMAN contacted MARPLE regarding the delivery of more fish to LEE at the request of GLENN. The email stated:
“Commissioner Glenn recd some catfish last fall for a 1.5 acre pond. If u recall, I moved the fish for him. We now need some LMB since a LMB source for the pond did not materialize (I can explain later). This pond had a serious fish kill 1 year ago and they are trying to jump start after Fisheries checked and said they needed bass and catfish. If you get your hands on some bass this spring, I will come and load and move for him.”
g. MARPLE forwarded that email to OIGSS. When he forwarded the email, he stated:
“This is the e-mail thread regarding Com. Glenn’s pond remedial stocking. We shipped about 35 of the ½-3/4 lb fish which would be about 12” maximum. A few may have been a little larger. (Smaller 5” fish from the Minor Clark Hatchery would not have been available till October)”
On June 7, 2012, WILLIAMS conducted a technical guidance (TG) on the pond located on GODBY’s private property (EXHIBIT). WILLIAMS told OIGSS that he would normally recommend a private landowner purchase 4”-6” fish from a private hatchery for restocking purposes. WILLIAMS could not recall, and the TG form does not reflect, any recommendations as to fish stocking other than “thin out skinny bass.”
k. At some later date, GODBY called KINMAN and requested “some catfish”. As GODBY recounted, KINMAN asked GODBY about the size of the pond “and that’s about it.”
l. KINMAN contacted MARPLE at the Pfeiffer hatchery in Frankfort via email on May 3, 2013 (EXHIBIT). He asked MARPLE if the department could provide GODBY with some channel catfish. According to MARPLE, 150 catfish, 6”-7” in length, with a total weight of 10 pounds were set aside for delivery to GODBY.
m. KINMAN then bypassed the normal chain of command (BROOKS and BUYNAK) and made direct contact with ROBERTS to set up the fish delivery to GODBY.
HILTON was an employee of the department at the time and was directed by ROBERTS to deliver the fish to GODBY in spring 2013. HILTON said he was tasked by ROBERTS to deliver the fish to GODBY’s personal pond, but expressed his concern to ROBERTS that it was unethical. ROBERTS then called KINMAN and explained HILTON’s fears. KINMAN spoke with HILTON. During this conversation, HILTON voiced concerns about whether the delivery was ethical. According to KINMAN, HILTON asked, “Is this okay with all that is going on in the papers right now, to stock these fish?” KINMAN told HILTON, “If the truck is going there and we aren’t expending any state funds—it’s going that way anyway and we have the excess fish, fill out a stocking card and keep it on record…As long as these fish are going on a regular haul and we’re not making a special trip, spending state funds, that we’ve done this in the past.”
o. The fish were subsequently delivered to GODBY’s private pond by HILTON. GODBY was aware there was supposed to be a charge for the fish delivery. GODBY was never billed by the department for the fish delivery.
p. GODBY, being aware that OIGSS was investigating KDFW, made an attempt to pay for the fish delivery. He mailed a check dated August 10, 2013, in the amount of $200 to the department (EXHIBIT). KINMAN, after receiving the check, called GODBY and asked him if he was attempting to pay for the fish due to the pending investigation. According to GODBY, KINMAN attempted to explain the fish delivery by telling GODBY the fish that were delivered to him were “leftover” and delivered by a state vehicle that “happened” to be in the area.
KINMAN returned the check to GODBY in an envelope postmarked August 28, 2013 (EXHIBIT). KINMAN, during his interview, attempted to rationalize the decision to return the check by saying, “How could I take a check for a fee for a program we don’t have, but we do have a way to give away free ones?” The response to that question, and the finding by OIGSS is that no delivery of fish was legally authorized and there is no legitimate program for giving away free fish to a private landowner.
r. KINMAN admitted that there is not an official program at KDFW that provides for the free delivery of fish to private landowners. In an attempt to explain how fish could be delivered for free to a private landowner in the absence of an authorizing statute or regulation, KINMAN stated that the fish delivered in this manner were “excess” and the department has not developed a program to distribute excess fish because they do not plan for excess. He also claimed that landowners find out about the excess fish by “word of mouth”. KINMAN also admitted that legislator and commission member concerns are prioritized by the department.
The total fallout is still TBD I'm sure. Sounds like a few guys with SEVERAL years of service will go down tarnished.