Hawkeye
Long Time Member
- Messages
- 3,014
I am going to apologize in advance for a very long post. But, this is important.
As I have discussed the UWC?s proposed amendment to the Conservation Permit Rule with members of the participating conservation groups and representatives of the DWR, I have been asked on several occasions, ?where were you guys two years ago when we reviewed the rule.? My response to this question has always been the same. Although many of us have been following this issue and asking questions of the groups for several years, it has taken time to build some momentum and understand what is actually going on. I also point out that we as the general public should not have to rise up and demand transparency and accountability when it comes to our public resources. The DWR and the Wildlife Board represent us and they should have been protecting our interests from the beginning. Additionally, I believe that the conservation groups involved have a fiduciary duty when dealing with public assets to account to the public regarding those assets. I also note that the Administrative Rule creating the Conservation Permits states very clearly that one of the primary purposes for those permits was to ?generate revenue for wildlife conservation activities.? The public has a right to know if, and to what extent, that statutory purpose is being fulfilled.
In any event, the question is not why we as the public weren't demanding accountability and transparency sooner. The real question is what can the Wildlife Board, the DWR and the conservation groups do right now to fix this problem today.
As I dig deeper and deeper into this issue, I continue to uncover issues that are troubling to me. The latest issue surfaced last night as I was reviewing minutes from Wildlife Board meetings from 2005 and 2006 ? the period of time when the Convention Permits were created. The Convention Permit Rule was adopted by the Wildlife Board during a meeting on March 31, 2005 ? a full two years before the first Expo. I have attached portions of the minutes from that meeting below. The minutes are 29 pages in total so I have only attached the most relevant portions of the minutes.
Starting Page 16, Greg Sheehan of the DWR presented the proposed Convention Permit Rule to the Wildlife Board. Mr. Sheehan explained the proposed rule to the Board. During his presentation, Mr Sheehan noted that ?Permits are authorized by the Wildlife Board and issued to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activates.?
Following the Mr. Sheehan?s presentation, the Board heard the RAC recommendations and comments from the public. There were a number of questions and comments regarding the need for transparency and an accounting to ensure that a significant portion of the money generated from the $5 application fees was used for actual conservation projects in the State of Utah. Some of the key comments were as follows:
Tony Abbot said that ?The intention is that the lions share of the money will go back into Utah.? (P. 18)
Max Morgan stated that ?all of the conservation groups are answerable to the Division on where they spend the money for habitat.? (P. 18)
Bill Fenimore recommended ?that they add to the rule a fiduciary responsibility to keep track of the money generated. He further stated that ?it is incumbent on the Wildlife Board that they show how this money is used.? (P. 20-21) Mr. Fenimore also stated that ?The value of the audit process would be to build the confidence and support of the public.? (P. 21)
Lee Howard stated that ?The wildlife organizations have great track records and every dollar they get will come back into Utah.? (P. 21)
Mr. Diamond stated that ?There is a need for transparency for the general public, some kind of accounting showing where the money will be generated and ultimately put on the ground for habitat in Utah. Some language needs to be in the plan that delineates for the public where the money is coming from and where it is going.? (P. 22)
Lee Howard asked Don Peay if he was comfortable with an auditing process and ?Mr. Peay said it is fair to ask how much comes in with the five dollar application fees and how much went on the ground. Our groups have a great track record.? (P. 22)
Following the public comments, a motion was made to accept the Convention Permit Rule as presented by the Division (with a couple of minor changes). That motion passed unanimously. (P. 23)
This, however, is when is gets interesting. After the motion passed, Ernie Perkins, Chair of the Northern RAC, asked what the Wildlife Board was going to do about the Northern RAC?s recommendation to include an audit requirement in the Convention Permit Rule. The Chairman of the Board asked Mr. Perkins if the language of the DWR?s rule was sufficient to address the Northern RAC?s concerns, and Mr. Perkins said, ?No.? At that point the Chairman asked the Board if they wanted to discuss an addendum to the rule they just enacted that would address this auditing concern. At that point Mr. Clark (presumably Alan Clark with the DWR) stated that the Convention Permit Rule required the DWR to execute a contract with the conservation organizations and rather than amending the Conservation Permit Rule, the Wildlife Board could ?give some additional? direction on this issue and the DWR would ?build it into the contract? with the conservation groups.
At that point Mr. Diamond made a second motion as follows: ? I move that we ask the Division, in their contract negotiations with the representing organization that the annual audits be accomplished in a similar way that is done for conservation tags.? This motion was seconded by Allan Smith and passed 5-1.
So you might ask how this relates to the current problem. Let me explain. Although the DWR acted upon the first motion which created the Convention Permits, it appears that the DWR never followed through on the second motion that was passed that day. That second motion required the DWR to include in the contract with the conservation organizations the very same annual auditing requirements that already existed in the Conservation Permit Rule. The Conservation Permit Rules provides as follows:
(6)(a) Conservation organizations accepting permits shall be subject to annual audits on project expenditures and conservation permit accounts.
(b) The division shall perform annual audits on project expenditures and conservation permit.
See Utah Administrative Code R657-41-9(6). I have reviewed the current Expo contract between the DWR and MDF it contains no such provisions. As far as I can tell, the DWR did not follow the Wildlife Board?s directive to include the audit language from the Conservation Permit Rule in its contract with the conservation groups. Had this occurred, we likely would not be dealing with this issue right now. MDF and SFW would be required to participate in ?annual audits on project expenditures and convention permit accounts? and the DWR would be required to conduct those audits on an annual basis. Obviously, the results of those audits would be available to the public under GRAMA.
So this raises a number of questions. Why didn't the DWR act on the second motion from the Wildlife Board? Why didn't the DWR include in the Expo contract the same audit requirements that exist in the Convention Permit Rule? Why didn't the conservation groups ensure that their contract with the DWR contained these provisions? How did this slip through the cracks? Was this auditing requirement intentionally left out of the contract? Who drafted the contract? Why didn't the DWR or the Wildlife Board follow up on this issue and ensure that this auditing requirement was included in the contract. And finally, since the DWR and the conservation groups were obviously aware of this requirement, why have they consistently refused to provide an accounting of the $5 application fees?
When I met with the Director of the DWR a few weeks ago regarding the UWC?s proposed amendment to the Convention Permit Rule, I asked him very pointedly why the DWR did not impose accounting and transparency requirements at the time the Convention Permit Rule was adopted. He noted that he was not the Director at the time. Perhaps we should ask Miles Moretti, who was then the ?Acting Director of the DWR.? Ironically, Mr. Moretti is currently the President and CEO of the MDF, the party with whom the DWR executed the Convention Permit contract.
In conclusion, it appears from the March 2005 Wildlife Board Meeting minutes that the Board directed the DWR to include in the Expo contract an annual audit requirement similar to what already exists in the Conservation Permit Rule. Had the DWR followed that directive, we likely would not be gearing up to address this issue in the August 16th Wildlife Board Meeting. Regardless, we are where we are today and we need to focus on fixing this problem today. However, I hope that the DWR and the conservation groups do not continue asking where were you 5 years ago? The fact of the matter is sportsmen were there and they expressed these very same concerns. Unfortunately, the DWR and the conservation groups appear to have dropped the ball.
For those of you who might question my comments, don't take my word for it. Please take the time to read the portions of the minutes posted below. I am interested to hear the explanations provided by the DWR and the conservation groups.
If you care about our hunting resource and want to help fix this problem, please attend the Wildlife Board Meeting on August 16th.
Hawkeye
Browning A-Bolt 300 Win Mag
Winchester Apex .50 Cal
Mathews Drenalin LD
As I have discussed the UWC?s proposed amendment to the Conservation Permit Rule with members of the participating conservation groups and representatives of the DWR, I have been asked on several occasions, ?where were you guys two years ago when we reviewed the rule.? My response to this question has always been the same. Although many of us have been following this issue and asking questions of the groups for several years, it has taken time to build some momentum and understand what is actually going on. I also point out that we as the general public should not have to rise up and demand transparency and accountability when it comes to our public resources. The DWR and the Wildlife Board represent us and they should have been protecting our interests from the beginning. Additionally, I believe that the conservation groups involved have a fiduciary duty when dealing with public assets to account to the public regarding those assets. I also note that the Administrative Rule creating the Conservation Permits states very clearly that one of the primary purposes for those permits was to ?generate revenue for wildlife conservation activities.? The public has a right to know if, and to what extent, that statutory purpose is being fulfilled.
In any event, the question is not why we as the public weren't demanding accountability and transparency sooner. The real question is what can the Wildlife Board, the DWR and the conservation groups do right now to fix this problem today.
As I dig deeper and deeper into this issue, I continue to uncover issues that are troubling to me. The latest issue surfaced last night as I was reviewing minutes from Wildlife Board meetings from 2005 and 2006 ? the period of time when the Convention Permits were created. The Convention Permit Rule was adopted by the Wildlife Board during a meeting on March 31, 2005 ? a full two years before the first Expo. I have attached portions of the minutes from that meeting below. The minutes are 29 pages in total so I have only attached the most relevant portions of the minutes.
Starting Page 16, Greg Sheehan of the DWR presented the proposed Convention Permit Rule to the Wildlife Board. Mr. Sheehan explained the proposed rule to the Board. During his presentation, Mr Sheehan noted that ?Permits are authorized by the Wildlife Board and issued to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activates.?
Following the Mr. Sheehan?s presentation, the Board heard the RAC recommendations and comments from the public. There were a number of questions and comments regarding the need for transparency and an accounting to ensure that a significant portion of the money generated from the $5 application fees was used for actual conservation projects in the State of Utah. Some of the key comments were as follows:
Tony Abbot said that ?The intention is that the lions share of the money will go back into Utah.? (P. 18)
Max Morgan stated that ?all of the conservation groups are answerable to the Division on where they spend the money for habitat.? (P. 18)
Bill Fenimore recommended ?that they add to the rule a fiduciary responsibility to keep track of the money generated. He further stated that ?it is incumbent on the Wildlife Board that they show how this money is used.? (P. 20-21) Mr. Fenimore also stated that ?The value of the audit process would be to build the confidence and support of the public.? (P. 21)
Lee Howard stated that ?The wildlife organizations have great track records and every dollar they get will come back into Utah.? (P. 21)
Mr. Diamond stated that ?There is a need for transparency for the general public, some kind of accounting showing where the money will be generated and ultimately put on the ground for habitat in Utah. Some language needs to be in the plan that delineates for the public where the money is coming from and where it is going.? (P. 22)
Lee Howard asked Don Peay if he was comfortable with an auditing process and ?Mr. Peay said it is fair to ask how much comes in with the five dollar application fees and how much went on the ground. Our groups have a great track record.? (P. 22)
Following the public comments, a motion was made to accept the Convention Permit Rule as presented by the Division (with a couple of minor changes). That motion passed unanimously. (P. 23)
This, however, is when is gets interesting. After the motion passed, Ernie Perkins, Chair of the Northern RAC, asked what the Wildlife Board was going to do about the Northern RAC?s recommendation to include an audit requirement in the Convention Permit Rule. The Chairman of the Board asked Mr. Perkins if the language of the DWR?s rule was sufficient to address the Northern RAC?s concerns, and Mr. Perkins said, ?No.? At that point the Chairman asked the Board if they wanted to discuss an addendum to the rule they just enacted that would address this auditing concern. At that point Mr. Clark (presumably Alan Clark with the DWR) stated that the Convention Permit Rule required the DWR to execute a contract with the conservation organizations and rather than amending the Conservation Permit Rule, the Wildlife Board could ?give some additional? direction on this issue and the DWR would ?build it into the contract? with the conservation groups.
At that point Mr. Diamond made a second motion as follows: ? I move that we ask the Division, in their contract negotiations with the representing organization that the annual audits be accomplished in a similar way that is done for conservation tags.? This motion was seconded by Allan Smith and passed 5-1.
So you might ask how this relates to the current problem. Let me explain. Although the DWR acted upon the first motion which created the Convention Permits, it appears that the DWR never followed through on the second motion that was passed that day. That second motion required the DWR to include in the contract with the conservation organizations the very same annual auditing requirements that already existed in the Conservation Permit Rule. The Conservation Permit Rules provides as follows:
(6)(a) Conservation organizations accepting permits shall be subject to annual audits on project expenditures and conservation permit accounts.
(b) The division shall perform annual audits on project expenditures and conservation permit.
See Utah Administrative Code R657-41-9(6). I have reviewed the current Expo contract between the DWR and MDF it contains no such provisions. As far as I can tell, the DWR did not follow the Wildlife Board?s directive to include the audit language from the Conservation Permit Rule in its contract with the conservation groups. Had this occurred, we likely would not be dealing with this issue right now. MDF and SFW would be required to participate in ?annual audits on project expenditures and convention permit accounts? and the DWR would be required to conduct those audits on an annual basis. Obviously, the results of those audits would be available to the public under GRAMA.
So this raises a number of questions. Why didn't the DWR act on the second motion from the Wildlife Board? Why didn't the DWR include in the Expo contract the same audit requirements that exist in the Convention Permit Rule? Why didn't the conservation groups ensure that their contract with the DWR contained these provisions? How did this slip through the cracks? Was this auditing requirement intentionally left out of the contract? Who drafted the contract? Why didn't the DWR or the Wildlife Board follow up on this issue and ensure that this auditing requirement was included in the contract. And finally, since the DWR and the conservation groups were obviously aware of this requirement, why have they consistently refused to provide an accounting of the $5 application fees?
When I met with the Director of the DWR a few weeks ago regarding the UWC?s proposed amendment to the Convention Permit Rule, I asked him very pointedly why the DWR did not impose accounting and transparency requirements at the time the Convention Permit Rule was adopted. He noted that he was not the Director at the time. Perhaps we should ask Miles Moretti, who was then the ?Acting Director of the DWR.? Ironically, Mr. Moretti is currently the President and CEO of the MDF, the party with whom the DWR executed the Convention Permit contract.
In conclusion, it appears from the March 2005 Wildlife Board Meeting minutes that the Board directed the DWR to include in the Expo contract an annual audit requirement similar to what already exists in the Conservation Permit Rule. Had the DWR followed that directive, we likely would not be gearing up to address this issue in the August 16th Wildlife Board Meeting. Regardless, we are where we are today and we need to focus on fixing this problem today. However, I hope that the DWR and the conservation groups do not continue asking where were you 5 years ago? The fact of the matter is sportsmen were there and they expressed these very same concerns. Unfortunately, the DWR and the conservation groups appear to have dropped the ball.
For those of you who might question my comments, don't take my word for it. Please take the time to read the portions of the minutes posted below. I am interested to hear the explanations provided by the DWR and the conservation groups.
If you care about our hunting resource and want to help fix this problem, please attend the Wildlife Board Meeting on August 16th.
Hawkeye
Browning A-Bolt 300 Win Mag
Winchester Apex .50 Cal
Mathews Drenalin LD