Fish and Wildlife Resources Audit

8/13/2019 Fish and Wildlife Resources Audit

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Commonwealth of Kentucky

OFFICE OF INSPECTOR GENERAL

FOR SHARED SERVICES

Final Report

OIGSS Case: 2013-OIG-013

Date of Report: December 6, 2013

Investigators: Alan C. Wagers, Scott Hatfield, Rodney Beck, Cristina Violet, Gerald Lang,

Kelly Lewis, and Walter Hammons

I. SCOPE AND PURPOSE OF INVESTIGATION:

The Office of Inspector General for Shared Services (hereafter OIGSS) was requested by

the Tourism, Arts and Heritage Cabinet to investigate allegations concerning the Kentucky

Department for Fish and Wildlife Resources (hereafter KDFW or department) that werecontained in an anonymous letter received by the governors office late in 2012 (EXHIBIT).

During the course of investigating the validity of those allegations, other allegations were

uncovered that were also investigated. A summary of all allegations, meritorious or not, follows

inSection I (A-D). Section I (E)lists a summary of allegations that had no merit or could not be

substantiated, and as to which no findings or recommendations were made.

Section II of this report lists all individuals that were interviewed by OIGSS and the date

or dates of the interviews. This section also includes the organizational chart for the department.

Section III of this report contains findings and recommendations concerning allegationsthat could be substantiated.

Section IV of this report contains findings or recommendations as to certain allegations

that could not be substantiated.

This report is submitted on CD only, for ease of reference, due to the number of

interviews conducted and the exhibits/references contained herein. Contained on the CD are

three folders. The folder named 2013-OIG-011 contains the report in PDF format. The folder

named Interviews with EXHIBITs contains folders bearing the name of each person

interviewed and any exhibits that were particular to a specific individual. Any individuals

interviewed in which exhibits were not used are found in the folder named INTERVIEWS

WITHOUT EXHIBITS. The third folder named Report EXHIBITS contains exhibits that

were general in nature and that might appear more than once in the final report. Additionally,

this report contains hyperlinks to interviews or exhibits (as noted in blue font) that can be clicked

on which will take the reader to the particular interview or exhibit referenced.
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OIGSS contacted Commissioner Jon GASSETT, KDFW, by telephone on September 10,

2013. At the time he was contacted, GASSETT was out-of-state at a conference. OIGSS

attempted to schedule an interview with him prior to September 20, 2013, the date his

resignation from the department was to be final, but he declined unless he could be accompanied

by counsel. OIGSS advised him that this office was conducting an administrative investigation

and not a criminal one, and that no other department employee had refused to participate.

GASSETT again declined to be interviewed, on advice of counsel. OIGSS then made no further

attempts to interview him.

A. Allegations contained in anonymous complaint that resulted in OIGSS investigation

Kentucky Department of Fish and Wildlife Resources Commissioner Jon GASSETT:

GASSETT allegedly used Kentucky Department of Fish and Wildlife Resources (herein,

KDFW) employee labor, equipment, and supplies for personal use; and used his position as

commissioner for personal benefit:

1. Instructed KDFW employees to bring KDFW equipment, including pumps andfans, to his personal residence and pump water out of his flooded crawlspace during work hours.

2. Used his position as KDFW commissioner to promote his personal businesses.3. Used KDFW equipment and boats for his personal consulting business.4. Removed KDFW decals from KDFW boats in order to utilize the boats for

personal use.

5. Directed Facilities Maintenance Branch (FMB) workshop (a.k.a. woodshop,herein, the shop) employees to construct furniture, including a cabinet, for his home using

KDFW tools and materials during work hours.

6. KDFW employees used state owned lumber and equipment to construct a deck athis residence.

7. KDFW employees installed countertops and cabinets made from KDFW lumberin his home.

8. Decorated the front porch of his personal residence with confiscated elk antlers.9. Asked KDFW employees to make repairs to his personal lawn equipment during

work hours at the shop.

10. Used a KDFW bulldozer for work on his farm in Bald Knob.


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11. Asked a KDFW employee to do free electrical work at his personal residence.12. Put a mounted black bear belonging to KDFW in his house.13. Gave special KDFW elk hunting permits to an organization with the condition

that they hire his father as their elk-hunting guide.

14. Incurred excessive travel expenses.15. Intimidated KDFW employees.16. Alienated members of the General Assembly, LRC, Governors office, legislators,

and other organizations.

17. Opposed stipend granted to officers of the KDFW Law Enforcement Division in2012.

Engineering Technical Associate III John AKERSformer supervisor at the FMB shop:

AKERS allegedly misused equipment and supplies owned by KDFW, utilized state inmate

workers and FMB employees for personal projects, and abused his authority as a KDFW

employee:

1. Stored and constructed items using confiscated antlers at the shop instead ofdestroying them as required by statute.

2. Took elk antlers from the shop when removing his personal property.3. Supervised and constructed furniture, including elk antler tables, elk antler

mirrors, elk antler coat racks, turkey calls, canes, a wine cabinet and marble countertops, using

state materials and labor for personal use by employees.

4. Repeatedly took KDFW equipment from the shop for personal use, including anair compressor, nail gun, nails, and an air hose, leaving employees without tools to do their jobs.

5. Took two dozen 4x4 treated posts from the shop for personal use.6. Made a boat for personal use using KDFW materials and tools at the shop.7. Took a boat from the shop while removing his personal property.8. Asked a KDFW employee to perform free electrical work at GASSETTs home.9. Instructed a KDFW employee to purchase a piece of frosted glass for a wine

cabinet he constructed at the shop for GASSETT.


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10. Had marble countertops delivered to and stored at the shop for GASSETT, whichmay have been installed at GASSETTs home by KDFW employees.

11. Repaired GASSETTs canoe at the shop using state time, materials, and possiblyinmate labor.

12. Took employees and KDFW fans to GASSETTs residence to help clean up aftera waterline break.

13. Took state inmate worker George EADS to work at GASSETTs residence.14. Bought lunch for inmate workers after they repaired personal items for him,

including lawn equipment, furniture, a KDFW All-Terrain Vehicle (ATV), and other equipment.

15. Took the state inmate worker George EADS to Louisville to see his wife.16. Took half of a sack of clover seed belonging to KDFW from the shop for personal

use at his farm.

17. Took department cutting harrows to use at his farm.18. Tampered with new KDFW weed eaters and placed them in a KDFW auction in

order to buy the faulty weed eaters cheaply at auction.

19. Repaired and then took a KDFW ATV.20. Rigged a Commissioners elk tag drawing to get a tag.21. Mistreated KDFW employees by accusing them of theft.

Additional allegations involving KDFW:

1. Improper transfers of funds among various department divisions at KDFW.2. Excessive amount of money, including personnel costs, spent on the construction

of a wildlife-holding pen at the Salato Wildlife Center.

3. Excessive amount of money spent by Wildlife Divisions Mussel ResearchFacility.

4. Wildlife Division employees made unnecessary purchases at the Bass Pro Shop inIndiana.

5. Unauthorized use of Pro-cards by KDFW employees.6. KDFW property improperly recorded as surplus.


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B. Allegations uncovered during OIGSS investigation

1. Free fish deliveries to individuals in violation of regulation.2. Department employees using a state-owned tractor for their personal benefit.3. Violations by commission members in reserving hunting days and duck blinds for

themselves at the Ballard Wildlife Management Area.

4. Specific allegations of ethical misconduct against KDFW commission memberJames ANGEL by the Kentucky League of Sportsmen.

5. Allegations raised by ANGEL that department employees violated KRS 150.081by attempting to interfere with his reappointment to the commission.

6. GASSETT improperly obtaining rotenone from department for his personalbenefit.

7. GASSETT improperly taking advantage of discounted Fed-Ex rates provided tostate agencies for his personal benefit.

8. GASSETT consuming alcohol to the point of intoxication at functions relating tohis employment with the department and subsequently driving while impaired.

9. Necessity of firearms possession by upper management at KDFW and level oftraining required of the Law Enforcement Division director.

10. Questionable management decision regarding conservation officers issuingalcohol intoxication citations.11. Issue regarding new radio purchases by the department.12. Improper use of funds in procuring land (Layton Register complaint).13. Prearranged agreements to rehire employees following their retirement.14. Confiscated firearms being lost by the department.

C. Summary of findings and recommendations concerning allegations that could be

substantiated


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SUMMARY OF FINDINGS-SUBSTANTIATED ALLEGATIONS

Commissioner Jon GASSETT:

1. GASSETT improperly used state resources and employees to pump out the

crawlspace under his home in the winter of 2009-2010. This violation is exacerbated byGASSETT being in a position of high authority and because of that position, he knew or should

have known that his actions were improper.

2. GASSETT improperly obtaining rotenone from the department for his personal

benefit. This violation is exacerbated by GASSETT being in a position of high authority and

because of that position, he knew or should have known that his actions were improper.

3. GASSETT improperly taking advantage of discounted FedEx rates provided to

state agencies for his personal benefit. This violation is exacerbated by GASSETT being in a

position of high authority and because of that position, he knew or should have known that his

actions were improper.

4. GASSETT improperly had state employees on state time and using a state vehicle

pick up building materials for his personal use. This violation is exacerbated by GASSETT

being in a position of high authority and because of that position, he knew or should have known

that his actions were improper.

5. GASSETT improperly worked on his personal canoe at the departments

workshop during the workday and using state-owned tools. This violation is exacerbated by

GASSETT being in a position of high authority and because of that position, he knew or should

have known that his actions were improper.

6. GASSETT carried concealed weapons while commissioner without a Carry

Concealed Deadly Weapon (CCDW) license as required byKRS 237.110.

Deputy Commissioner Benjy KINMAN:

1. KINMAN improperly sent state workers and equipment to GASSETTs home in

the winter of 2009-2010 to pump out the crawlspace under GASSETTs home. This violation is

exacerbated by KINMAN being in a position of high authority and because of that position, he

knew or should have known that his actions were improper.

2. KINMAN directed the utilization of state workers and resources to deliver free

fish to KDFW commission member Christopher GODBYs private pond in 2013 in violation of

the departments regulations. This violation is exacerbated by KINMAN being in a position of

high authority and because of that position, he knew or should have known that he was violating

the terms of the applicable regulation.
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3. KINMAN improperly directed the utilization of state workers and resources to

deliver free fish to John Bruce LEEs private pond in 2012 and 2013 in violation of the

departments regulations. This violation is exacerbated by KINMAN being in a position of high

authority and because of that position, he knew or should have known that he was violating

departmental regulations.

4. KINMAN violated KDFW policy by assisting GASSETT in obtaining rotenone

from the department, knowing that the department did not provide that chemical to the general

public. This violation is exacerbated by KINMAN being in a position of high authority and

because of that position, he knew or should have known that he was violating department policy.

Division Director Ron BROOKS, Fisheries Division (FD):

BROOKS violated KDFW policy by assisting GASSETT in obtaining rotenone from the

department, knowing that the department did not provide that chemical to the general public.

This violation is exacerbated by BROOKS being in a position of high authority and because ofthat position, he knew or should have known that he was violating department policy.

Division Director Hank PATTON, Law Enforcement Division (LED):

PATTON and AKERS improperly worked on PATTONsprivate boat at the woodshop

using state resources. This violation is exacerbated by PATTON being in a position of high

authority and because of that position, he knew or should have known that his actions were

improper.

Fish and Wildlife Program Manager Gerard BUYNAK, Fisheries Division:

BUYNAK directed the utilization of state workers and resources to deliver free fish to

retired KDFW employee Ted CROWELLs private pond in 2013 in violation of the departments

regulations. This violation is exacerbated by BUYNAK being in a position of managerial

authority and because of that position, knew or should have known that his actions were

improper.

Pfeiffer Fish Hatchery Branch Manager Steven MARPLE, Fisheries Division:

MARPLE participated in the utilization of state workers and resources to deliver free fish

to the private ponds of LEE in 2012 and 2013 and to GODBY and CROWELL in 2013 in

violation of the departments regulations. This violation is exacerbated by MARPLE being in aposition of managerial authority and because of that position, knew or should have known that

his actions were improper.

Fish and Wildlife Management Foreman Mark ROBERTS, Fisheries Division:

ROBERTS improperly participated in sending state employees and equipment to

GASSETTs home to pump out his crawl space; by more likely than not telling his employees to


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falsify their timesheets after working at GASSETTs home; by improperly sending out state

employees to deliver free fish to LEE in 2012 and 2013 and to GODBY in 2013; and by

personally and improperly delivering free fish to CROWELL in 2013. ROBERTS also engaged

in insubordinate actions by discussing the substance of his interviews at OIGSS with other

KDFW employees after being directly cautioned not to do so.

Engineering Technical Associate III John AKERS, Engineering Division:

AKERS improperly worked on personal projects during his hours of employment,

improperly utilized state resources for his personal benefit while working on personal projects at

the department during and after his regular hours of employment, improperly stored personal

items at the workshop and improperly assisted GASSETT and PATTON in performing repairs or

installation of parts on their personal boats while at the departments workshop. These violations

are exacerbated by AKERS being in a position of managerial authority at the time of the

violations and because of that position, he knew or should have known that his actions were

improper.

KDFW Commission Member Stephen GLENN:

GLENN improperly used his position of authority as a member of the KDFW

commission to have free fish delivered to LEEs private pond in 2012 and 2013.

KDFW Commission Member Christopher GODBY:

GODBY improperly used his position of authority as a member of the KDFW

commission to have free fish delivered to him in 2013.

SUMMARY OF RECOMMENDATIONS-SUBSTANTIATED ALLEGATIONS

1. The delivery of free fish to any private pond-owner by the department is a violation of

301 KAR 1:160. The regulation has been routinely ignored by the department. OIGSS

recommends that no more free fish should be delivered and that the farm-pond regulation should

be strictly followed. If the department produces excess fish that cannot be placed in a public

waterway, the department should adopt a regulation for the dissemination of the excess fish to

the general public for a reasonable fee.

2. All current KDFW commission members that may have participated in duck hunting at

the Ballard WMA improperly used their official positions to secure a privilege, not available tothe publicat large. In this regard, OIGSS finds that department employees have routinely and

historically given preferential treatment to the commission members that hunted at Ballard

WMA, by actively soliciting from the commission members the days they wished to hunt there

and providing the commission members with pre-selected duck blinds. All department

employees should be given ethics training and specifically instructed that henceforth, no
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commission member is entitled to preferential treatment. In addition, all commission members

should be directed to participate in ethics training.

3. Any use of the state-owned tractor by department employees since June 30, 2010 should

not have been authorized as there was no legitimate program in place to justify such use of the

tractor. OIGSS recommends that that the tractor not be utilized on the private property of any

KDFW employee or commission member or be loaned out to the general public.

4. Department employees have utilized the KDFW Facilities Maintenance Branch workshop

for personal projects for their personal benefit. A written policy should be adopted that forbids

any use of state-owned equipment by employees and which forbids employees from working on

private projects on state time.

5. No state inmate working at the department should be left unsupervised.

6. Although some rank-and-file department employees participated in the work atGASSETTs house and the free deliveries of fish, OIGSS finds that 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. There was also present the fear

of retaliation for refusal to follow a managers directive. However, following the issuance of

Advisory Opinion 13-02 from the Executive Branch Ethics Commission (EXHIBIT), all

department employees should be educated that they are henceforth put on notice that they have

an obligation to refuse to comply with orders that anyone of ordinary sense and understanding

would recognize as being contrary to the Executive Branch Code of Ethics and the need to report

such misconduct to the Ethics Commission.

7. Appropriate disciplinary action should be considered against any individual enumerated

in this report that violated department regulations or personnel laws and regulations.

8. Appropriate steps should be taken by management to insure no departmental retaliation

be taken against any employee that was interviewed by OIGSS or who might have cooperated

with OIGSS.

D. Summary of findings or recommendations as to certain allegations that could not be

substantiated.

1. Complaint against ANGEL brought by League of KentuckySportsmen

a. Angel is alleged to have used his position of authority to improperly

obtain grass seed from the department; to have improperly reserved a section of the Ballard

WMA for his personal benefit during duck-hunting season in 2012; to have attempted to use his

position of authority to keep from being cited by a KDFW conservation officer in December
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2012; to have attempted to have others improperly seek dismissal of the citation by the

department; and to have improperly submitted anonymous allegations against the department.

OIGSS finds that these complaints have either no merit or that there is insufficient proof to

warrant a specific finding.

b. OIGSS does recommend that henceforth, no commission member be givenany preferential treatment when it comes to hunting at Ballard WMA or any other location.

c. OIGSS recommends that all department employees and all commission

members receive appropriate ethics training.

2. Necessity of handgun possession by upper management of KDFW and

insufficient level of training required of the Law Enforcement Division director

a. During the investigation, questions were raised as to why GASSETT,

KINMAN, and PATTON either carried or possessed state-issued handguns. OIGSS determined

that GASSETT was issued firearms but had no Conceal Deadly Weapon license in violation of

KRS 237.110. KINMAN was issued a firearm but did not use it and had it stored at his home

and PATTON was authorized to carry a concealed weapon by virtue ofKRS 527.020(3).

b. The level of training required of the Law Enforcement Division (LED)

director (PATTON) also came into question. It appears that pursuant to KRS 150.090(2),

PATTON could have certain police powers granted to him by virtue of a statutory appointment

but not possess the same degree of training as the conservation officers he supervises.

c. OIGSS recommends that KINMAN return the handgun in his possession

to KDFW.

d. OIGSS recommends that consideration be given to requiring the LED

director to meet the same training requirements as the conservation officers he supervises.

E. Summary of allegations that had no merit or could not be substantiated

1. The only allegations against GASSETT that had merit are set forth in Section III

of this report. After interviewing department employees, OIGSS cannot find that sufficient and

credible evidence exists to substantiate the remaining allegations.

2. Any allegations concerning GASSETTs outside business interests were notexamined by OIGSS because those issues had previously been addressed in GASSETTs favor

by the Executive Branch Ethics Commission in advisory opinions issued in 2007 and 2009.

3. Some interviewees expressed concern that GASSETT abused the departments

budget process by transferring funds from one division to another. However, OIGSS cannot

determine that any statute, regulation or policy may have been violated by any such budget
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transfers. It appears that GASSETT had the discretion as commissioner to make any adjustments

to KDFWs budget that he deemed necessary.

4. Allegations have been made that GASSETTs travel expenditures were excessive.

OIGSS does not have sufficient personnel with auditing experience to perform the level of audit

review necessary to determine whether GASSETTs travel expenses were excessive. Further,

OIGSS notes that GASSETTs travel expenses were ratified by the commission members,

according to the interview comments some of the commission members made to OIGSS. If

questions linger about the validity of GASSETTs travel expenditures, OIGSS would

recommend that the Auditor of Public Accounts (APA) be asked to perform a detailed audit.

5. Various specific allegations were made against AKERS as recounted inSection I

(A)of this report. The only allegations against AKERS that had merit are set forth inSection III

of this report. After interviewing department employees, OIGSS cannot find that sufficient and

credible evidence exists to substantiate the remaining allegations.

6. OIGSS cannot conclude that department employees violated KRS 150.081by

attempting to interfere with ANGELs reappointment to the commission. While certain facts

exist that could be woven together to attempt to produce a circumstantial case to that effect, there

is insufficient evidence that would permit OIGSS to make a concrete finding.

7. The statements of Conservation Officer Major Larry ESTES, LED, and

Conservation Officer Major Joseph CARRIER, LED, suggest that GASSETT was observed at

department-related functions consuming alcohol to the point of intoxication and perhaps

operating a motor vehicle while impaired. However, GASSETT was never arrested for DUI, soOIGSS cannot find that GASSETT operated a motor vehicle under the influence after leaving a

department-related function.

8. In 2010, KDFW management issued a memorandum to its conservation officers

related to the manner by which the officers would enforce Kentuckys alcohol intoxication laws

(EXHIBIT). Complaints had been raised by marina owners and legislators that conservation

officers were unduly harassing boaters on Kentuckys waterways that were observed consuming

alcohol. As a result, the memo was adopted and an email was sent out requiring conservation

officers perform field sobriety tests on boaters suspected of alcohol intoxication, testing that was

not required by the alcohol intoxication statute. OIGSS issues no findings regarding this matter,

but notes that it doubts whether the department may limit the conservation officers ability to

enforce valid laws by a written policy and whether the department may impose additional

requirements on the officers not required by a particular statute.
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9. At the time OIGSS was conducting its investigation, the department was

considering whether to purchase Motorola radios of a type currently used by the Kentucky State

Police (KSP) and whether to pay to have the KSP dispatchers perform that function for the

departments law enforcement officers. OIGSS notes that Jimmy MILLER, who currently

supplies Kenwood radios for the departments current radio system, also attended a meeting

sometime between July and September 2013 when representatives of KSP and KDFW were

discussing the proposed changeover to the Motorola radios.

Although PATTON stated MILLER was present to provide technical advice to

the department, MILLERs presence at such a meeting could be considered improper, as

MILLER would have benefitted financially from maintaining the current system and thus could

have a vested interest in advising the department not to agree to such a switchover. OIGSS

would recommend that at any such meetings in the future, the current radio provider to the

department be excluded from participation.

10. OIGSS interviewed Layton REGISTER relative to his allegations concerning

improper use of department funds to purchase land. A summary of his interview, findings and

exhibits are found elsewhere in this report (EXHIBIT). OIGSS could find no improprieties as

alleged by REGISTER.

11. Allegations were made that department employees Wildlife Program Coordinator

Mark CRAMER, Commissioners Office; and Fish & Wildlife Information Specialist II Rick

HILL, Information Center Section, had prearranged agreements to be rehired by KDFW

following their retirement from the department. OIGSS could find no persuasive evidence of

such agreements.

During KINMANS interview, he stated that CRAMER, the former deputy

commissioner, now serving as a wildlife program coordinator at KDFW, asked KINMAN to fill

the deputy commissioner position when CRAMER retired five or six years ago. About 6-8

months after retiring, CRAMER was rehired to write KDFW regulations and to be the KDFW

liaison for the recreational trail authority. KINMAN denied that he, GASSETT, and/or

CRAMER discussed CRAMER returning to KDFW after retiring. KINMAN conveyed that he

would be surprised if GASSETT and CRAMER had pre-arranged for CRAMER to return to

KDFW after retirement. KINMAN added that CRAMER was upset about something when he

left so KINMAN did not expect him to return.

HILL retired about seven or eight years ago and then returned sometime after the

time required by law. KINMAN denied that he was part of any discussions with HILL or

GASSETT about HILL returning to KDFW after retiring. KINMAN added that he did not think

HILL was going to come back to KDFW because he planned to do freelance artwork.
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OIGSS has considered KRS 61.637(17)(d)(1) that discusses the effect a

prearranged agreement for an employee to return to work may have on that employees

retirement benefits. OIGSS finds that insufficient evidence exists that the rehiring of CRAMER

and HILL by the department following their retirements from KDFW violated the statute.

12. Allegations were made that the department was not properly securing confiscatedweapons. OIGSS, after interviewing PATTON and reviewing the departments policy related to

confiscated weapons(EXHIBIT),cannot conclude the department has mismanaged the weapons

in its control. The interviews ofKINMAN,PATTON,ESTESandCARRIERare incorporated

by reference into this finding.

13. OIGSS did not find that an excessive amount of money, including personnel

costs, was spent on the construction of a wildlife-holding pen at the Salato Wildlife Center. This

finding is based on interviews of department personnel, who estimated the construction costs to

be under $200,000. OIGSS does not possess the auditing capability to perform an in-depth

analysis of this issue. If questions linger regarding this matter, OIGSS would recommend the

department request assistance from the APA.

14. Questions were also raised as to possible excessive amounts of money spent by

Wildlife Divisions Mussel Research Facility. As stated in paragraph 13, above, OIGSS does not

possess the auditing capability to perform an in-depth analysis of this issue. If questions linger

regarding this matter, OIGSS would recommend the department request assistance from the

APA.

15. Any purchases made by employees at Bass Pro Shop in Indiana were approved bymanagement, according to Division Director Karen WALDROP, Wildlife Division.

16. While there was some indication that department employees on occasion had

misused Pro-Cards to pay for personal items, OIGSS did not find this to be a pervasive and

ongoing problem. However, if questions linger regarding this matter, OIGSS would recommend

the department request assistance from the APA.

17. OIGSS could uncover no credible evidence that KDFW property was improperly

recorded as surplus.

18. OIGSS could find no improprieties in the elk tag selection process. OIGSS has

reviewedKRS 150.175,150.177,150.178,and301 KAR 2:132in making this determination, in

addition to the interviews conducted.

II. INTERVIEWS CONDUCTED:
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The following individuals were interviewed by OIGSS:

Tourism, Arts and Heritage CabinetKentucky Department of Fish and Wildlife

Resources

Commissioners Office:

GASSETT, JonCommissionerdeclined to be interviewed

KINMAN , Benjamin BenjyDeputy CommissionerSeptember 26, 2013

MCIVER, NancyExecutive AssistantAugust 15, 2013

Administrative Services Division

MOORE, Darin KDivision DirectorSeptember 12, 2013

KING, Kenneth ScottFish and Wildlife Program ManagerJune 10, August 9, September

3, and September 11, 2013.

BRUCE , DavidFish and Wildlife Program ManagerAugust 22, 2013

Accounting Branch

BREWER, MelissaAdministrative Branch ManagerJune 10, 2013

Grants Branch

TRENT , Melissa A:Administrative Branch ManagerJune 10, 2013

Purchasing & Property BranchALLEN, Daniel DannyProgram CoordinatorJuly 2, 2013

Engineering Division

AKERS , JohnEngineering Technical Associate IIISeptember 18, 2013

Facilities Maintenance Branch

SUTHERLAND, ChristopherMaintenance Superintendent IJune 11 and July 9, 2013

MATTOX, JoAnnMaintenance Superintendent IJune 11 and 27, 2013

Lakes and Streams Branch

REDMON, WalterAdministrative Branch ManagerAugust 1, 2013

Fisheries Division

BROOKS , RonaldDivision DirectorAugust 23, 29, and September 24, 2013

BUYNAK, Gerard JerryFish and Wildlife Program ManagerAugust 8 and October 1,


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2013

Central District Branch

CROSBY, JeffreyFisheries Program CoordinatorAugust 15, 20, and 28, 2013

Federal Aid Coordination Branch

BUNNELL, DonaldFisheries Program CoordinatorAugust 13 and October 1, 2013

Peter W Pfeiffer Fish Hatchery Branch

MARPLE, StevenFish Hatchery ManagerAugust 14 and September 27, 2013

Southeastern District Branch

WILLIAMS, JohnFisheries Program CoordinatorAugust 27, 2013

Special Investigations Branch

WILKES, PaulFish and Wildlife Technician IIIAugust 30, 2013

Transportation Branch

ROBERTS, MarkFish and Wildlife Management ForemanAugust 7, 8, and September 24,

2013

ATHA, KennethFish and Wildlife Technician SupervisorSeptember 23, 2013

LYONS, GarryFish and Wildlife Technician IIIAugust 2 and 7, 2013

HALE , DavidFish and Wildlife Technician IIISeptember 27, 2013

CROXTON , JeffreyFish and Wildlife Technician IIAugust 15, 2013

Information Center Section

HILL , Richard RickFish & Wildlife Information Specialist IISeptember 24, 2013

Law Enforcement Division

PATTON , HankDivision DirectorSeptember 20, 2013

ESTES, LarryConservation Officer MajorAugust 1, 2013

CARRIER, JosephConservation Officer MajorAugust 8, 2013

District Three Branch

HERNDON, Edward ScottConservation Officer SergeantAugust 21, 2013

Public Affairs Division

CLARK , BrianFish and Wildlife Program ManagerOctober 2, 2013


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Wildlife Division

WALDROP, KarenDivision DirectorSeptember 4 and 30, 2013

GARLAND , Paul ChrisFish and Wildlife Program ManagerOctober 4, 2013

COOK, Willetta WillieAdministrative Specialist IIIAugust 1, 2013

Bluegrass Region Branch

BEARD , DerekWildlife Program CoordinatorSeptember 30, 2013

MITCHELL, WilliamFish and Wildlife Management ForemanAugust 15, 2013

GRASCH, ChristopherWildlife Biologist IVSeptember 3, 2013

NALLY, JasonWildlife Biologist IIISeptember 30, 2013

Non Game Branch

CARR, SunniWildlife Program CoordinatorAugust 8, 2013

Purchase Region Branch

COLVIS , RobertWildlife Biologist IVOctober 3, 2013

Kentucky Department of Fish and Wildlife Resources Commission:

TEITLOFF, TerryFirst District Commission MemberJuly 10 and October 8, 2013

WILLIAMS, C.F. FrankSecond District Commission MemberJuly 17 and October 8,

2013

RAY, StuartThird District Commission MemberJuly 16 and October 7, 2013

ANGEL, JamesFourth District Commission MemberJuly 12 and October 4, 2013

BEVINS, JimFifth District Commission MemberJuly 10, 2013

GLENN, StephenSixth District Commission Member StephenJuly 17 and September 5,

2013

THACKER, VoncelSeventh District Commission MemberJuly 17, 2013

FRYMAN, Norman JoeEighth District Commission MemberJuly 10, 2013

GODBY, ChristopherNinth District Commission MemberJuly 9 and September 6, 2013

RICH, JamesCommissioner Emeritusnot interviewed

Others interviewed:

WHITEHEAD, Harryowner of Gunners TaxidermyJuly 9, 2013ELDRIDGE, Paulretired KDFW Facilities Maintenance Branch employeeJuly 10, 2013

ALDRIDGE, Johnretired KDFW Facilities Maintenance Branch employeeJuly 11 and 31,

2013

EADS, Georgeformer Facilities Maintenance Branch inmate workerAugust 2, 2013

HILTON, Steveformer Fisheries Division Transportation Branch employeeAugust 14, 2013

LEE, John Brucefriend of Commission Member GLENNAugust 23, 2013


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NETHERY, Markpresident of the League of Kentucky SportsmenSeptember 20, 2013

CROWELL, Tedformer Fisheries Division assistant directorSeptember 27, 2013

NOTE:KDFWs entire organizational chart is found atEXHIBIT.

III. FINDINGS AND RECOMMENDATIONS CONCERNING ALLEGATIONS

THAT COULD BE SUBSTANTIATED

A. Findings as to Jon GASSETT

1. GASSETT improperly used state resources and employees to pump

out the crawlspace under his home in the winter of 2009-2010.

a. Sometime during the winter of 2009-2010, GASSETT returned one

evening to his home located on Harvieland Road in Franklin County, Kentucky and discovered

that the crawlspace under his home had been flooded after a frozen water pipe burst.

b. GASSETT called KINMAN at work at 7:00 a.m. the next morning and

asked for a pump to remove the water from his house.

c. KINMAN, bypassing the normal chain of command, directly contacted

ROBERTS in the Fisheries Division and directed ROBERTS to deliver a state-owned portable

water pump to GASSETTS home.

d. ROBERTS directed ATHA, LYONS and HILTON to deliver the pump to

GASSETTs home.

e. ATHA, LYONS and HILTON spent approximately three hours traveling

to GASSETT home, pumping out the crawlspace and returning to the department. GASSETT

was present at his home when the employees got there and observed them working to remove the

water from his homes crawlspace.

f. During the time ATHA, LYONS and HILTON were working at

GASSETTs home, ROBERTS also directed HALE to take a second pump to GASSETTs

residence. HALE spent 1 hours traveling to and from GASSETTs home to deliver the second

pump.

g. In May or June 2013, after OIGSS began its investigation at KDFW,

GASSETT admitted to MOORE that he had utilized state resources to have water pumped from

his crawlspace.1

1MOORE resigned his position with the department during the pendency of this investigation. As a result, he isnow beyond the jurisdiction of OIGSS.
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h. OIGSS finds that four state workers, at the direction of GASSETT,

KINMAN and ROBERTS, transported two state-owned pumps in state-owned vehicles to

GASSETTs home and pumped water out of the crawlspace under his home, all for GASSETTs

personal benefit.

i. OIGSS finds that GASSETT improperly utilized state workers andresources for his private benefit. This violation is exacerbated by the fact that GASSETT was

the commissioner of the department at the time the work was done. He was in the highest

position of authority in the agency and knew, or should have known, that the use of state

employees and resources at his home for personal benefit was improper.

j. OIGSS further finds that ATHA, LYONS, HILTON and HALE were

directed by their supervisors to carry out the work at GASSETTs home. OIGSS further finds

that they had little means by which to object to an order given to them by a supervisor, even

though some of the employees may have had reservations about whether the work they were

being directed to do was proper. There was also present the fear of retaliation for refusal tofollow a managers directive. As stated elsewhere in this report, following the issuance of

Advisory Opinion 13-02 from the Executive Branch Ethics Commission, all department

employees should be educated that they are henceforth put on notice that they have an obligation

to refuse to comply with orders that anyone of ordinary sense and understanding would

recognize as being contrary to the Executive Branch Code of Ethics and the need to report such

misconduct to the Ethics Commission.

k. The interviews ofKINMAN,ROBERTS,ATHA,LYONS,HILTONand

HALE, including any relevant exhibits made a part of those interviews are incorporated by

reference in these findings.

2. GASSETT improperly obtainedrotenone from the department for his

personal benefit.

a. Rotenone is a chemical used by the department to kill off or reduce fish

populations in a public waterway. It is purchased by the department at a discount through

normal procurement practices. It comes in liquid or in powder form, but the liquid form is used

by the department. It is regulated by the Kentucky Department of Agriculture. It may only be

applied by an individual who has obtained an application certification from the DOA. The

department does not provide rotenone to the general public, although it may have years ago.EXHIBIT entitled, A Management Guide for Ponds and Small Lakes in Kentucky, states at

page 6 that Rotenone is not available through KDFWR. The rotenone is stored by the

department in a locked storage unit that is insulated and heated.

b. GASSETT contacted KINMAN sometime in April 2013 and asked where

he could obtain rotenone to use to kill off fish in a pond owned by GASSETTs father.
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KINMAN directed GASSETT to contact the Fisheries Division, which was responsible for the

storage and use of the chemical.

c. GASSETT contacted BROOKS and requested a gallon of rotenone.

BROOKS in turn directed WILKES to obtain the requested amount of the chemical from the

storage unit. WILKES took the rotenone directly to GASSETTs office. GASSETT andBROOKS were in GASSETTs office at the time WILKES made the delivery.

d. GASSETT, after obtaining the rotenone, then attempted to pay for it, even

though the department had ceased providing rotenone to the general public years ago.

GASSETT gave the department a personal check dated April 10, 2013 in the amount of $58.50

for reimbursement for the gallon of rotenone he was provided (EXHIBIT),but the check was

never cashed. Had GASSETT purchased rotenone on the open market, he would have paid a

higher price; thus the amount of his attempted reimbursement was based on the discounted

purchase rate afforded the department from its rotenone suppliers.

e. GASSETT improperly obtained rotenone for his personal use from the

department when the chemical was not provided to the general public and then by attempting to

reimburse the department in an amount that he could not have obtained had he purchased the

rotenone on the open market. This violation is exacerbated by the fact that GASSETT was the

commissioner of the department at the time he obtained the rotenone. He was in the highest

position of authority in the agency and knew, or should have known, that obtaining the rotenone

in such a fashion for his personal benefit was improper.

f. Regarding WILKES, the findings made inSection III(A)(1)(j),above, are

incorporated by reference at this point.

g. The interviews of KINMAN, BROOKS and WILKES, including any

relevant exhibits made a part of those interviews are incorporated by reference in these findings.

3. GASSETT improperly took advantage of discounted FedEx rates

provided to state agencies for his personal benefit.

a. On May 8, 2013 at 8:17 a.m., department employee Rowhan JAHAN sent

out an email to all department employees noting that the department had received a FedEx

invoice in the amount of $18.63 for a third-party shipment.2

b. On May 8, 2013 at 9:37 a.m., MOORE sent out an email to all department

staff in headquarters that reminded employees that they were not to benefit from the discounted

mailing rates the department had obtained from FedEx, regardless of whether the employee

attempted to reimburse the department(EXHIBIT).

2All exhibits referred to in this section are found collectively atEXHIBIT.
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c. On May 9, 2013, GASSETT reimbursed the department $18.63 for the

cost of for a 33-pound shipment from Lykes Brothers, Inc. in Okeechobee, Florida to American

Tanning Leather in Griffin, Georgia. The shipment contained an alligator hide for GASSETTs

personal use. GASSETT killed an alligator in Florida earlier in 2013(EXHIBIT).

d. GASSETT had used the KDFW FedEx account and reimbursed KDFW ontwo other occasions. An eMARS Receipts Inquiry shows FedEx reimbursements from

GASSETT for $27.61 on April 25, 2013; and $99.41 on September 14, 2012(EXHIBIT).

e. The May 8, 2013 email (EXHIBIT) sent to all KDFW employees at the

main headquarters also noted that all employees had executed acknowledgments that they had

received the 8th edition of the Executive Branch Code of Ethics and that KRS 11A.040(4)

prohibited them from knowingly enjoying the benefits of the discounted FedEx rates the

department had obtained.

f. OIGSS finds that GASSETT improperly hadpersonal items delivered byFedEx and reimbursing the department at the discounted mailing rate available to the department

through its agreement with FedEx. These violations are exacerbated by the fact that GASSETT

was the commissioner of the department at the time he obtained a discounted mailing rate

through the state contract. He was in the highest position of authority in the agency and knew, or

should have known, that obtaining the discounted mailing rate for his personal benefit was

improper.

g. The interviews ofKINMANandMOORE,including any relevant exhibits

made a part of those interviews are incorporated by reference in these findings.

4. GASSETT improperly hadstate employees on state time and using a

state vehicle pick up building materials for his personal use.

a. AKERS admitted to OIGSS that in approximately 2008, GASSETT gave

him around $400 via a personal check to be used to purchase lumber for GASSETTs personal

use.

b. AKERS gave GASSETTs check to ELDRIDGE and upon AKERS

direction, ELDRIDGE went to Hardwood Specialties in Lexington and purchased the lumber for

GASSETT. A KDFW vehicle was used to pick up and transport the lumber and ELDRIDGE

was on state time when he picked up GASSETTs lumber while also making a legitimate pick-upof materials to be used by the department.

c. GASSETT improperly directed a state employee on state time and in a

state-owned vehicle to pick up lumber to be used for GASSETTs personal benefit. These

violations are exacerbated by the fact that GASSETT was the commissioner of the department at

the time he obtained the lumber. He was in the highest position of authority in the agency and
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knew, or should have known, that using state resources to obtain lumber for his personal benefit

was improper.

d. Regarding ELDRIDGE, the findings made in Section III(A)(1)(j) above

are incorporated by reference at this point.

e. The interviews of AKERS and ELDRIDGE, including any relevant

exhibits made a part of those interviews are incorporated by reference in these findings.

5. GASSETT improperly worked on his personal canoe at the

departments workshop during the workday using state-owned tools.

a. Approximately three years ago, AKERS admitted that GASSETT called

him and then brought his personal canoe to the departments workshop one workday morning to

repair a dent. AKERS helped GASSETT take the canoe from his vehicle to sit it on sawhorses in

the shop and provided him with a state-owned heat gun. GASSETT used the heat gun to smooth

out the dent which took him around 20 minutes.

b. GASSETT improperly worked on his personal canoe on state time while

using state resources. This violation is exacerbated by the fact that GASSETT was the

commissioner of the department at the time he worked on his canoe. He was in the highest

position of authority in the agency and knew, or should have known, that using state resources

during the workday to repair his personal canoe was improper.

c. The interview ofAKERS,including any relevant exhibits made a part of

that interview is incorporated by reference in these findings.

6. GASSETT carried concealed weapons while commissioner without aCarry Concealed Deadly Weapon (CCDW) license as required byKRS 237.110.

a. During the investigation, questions were raised as to why GASSETT,

KINMAN, and PATTON either carried or possessed state-issued handguns. GASSETT was

issued two weapons: a .40 caliber Glock Model 22, and a snub-nose .357 titanium that he carried

in an ankle holster. KRS 527.020(3) gives the Law Enforcement Division (LED) director

(PATTON) the right to carry a concealed weapon. The statute does not give the same authority

to the commissioner of the department. Thus, GASSETT must possess a CCDW license in order

to have carried the .357 snub-nose in his ankle holster and if he also carried the .40 caliber Glock

concealed on his person.

b. On October 23, 2013, OIGSS contacted the Kentucky State Police,

Concealed Deadly Weapons Division and learned that GASSETT does not hold a CCDW

license.
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c. GASSETT knew, or should have known, that he must have a license in

order to carry a concealed deadly weapon because neither KRS Chapter 150 nor 235 specifically

give the commissioner any police powers, although those statutes give him the right to delegate

limited police powers to others. Further, althoughKRS 527.020specifically authorizes the LED

director and conservation officers to carry concealed deadly weapons, that statute does not afford

the same right to the commissioner. Thus, GASSETT violated state law by carrying concealed

deadly weapons without a license.

d. The interviews of KINMAN, PATTON, ESTES and CARRIER are

incorporated by reference into these findings.

B. Findings as to Benjy KINMAN

1. KINMAN improperly sent state workers and equipment to

GASSETTs residence in the winter of 2009-2010 to pump out the crawlspace under

GASSETTs home.

a. KINMAN has worked for KDFW for 36 years beginning in the

environmental section performing environmental reviews and investigating fish kills; as a

research biologist evaluating various fish species for recreational fishing; and as a program

coordinator handling federal aid. KINMAN also assisted in the construction of Cedar Creek

Lake in Lincoln County and was the director of the fisheries divisionfor seven or eight years. In

2008 KINMAN was promoted to the position of deputy commissioner. As deputy

commissioner, KINMAN oversees all KDFW divisions, except for the administrative services

division. KINMAN attended ethics training 10-12 years ago as well as an ethics training

overview within the last four years. KINMAN is knowledgeable about KDFW regulations andstatutes. As a state employee, KINMAN is subject to the requirements of KRS Chapters 11A and

18A.

b. Sometime during the winter of 2009-2010, GASSETT returned one

evening to his home located on Harvieland Road in Franklin County, Kentucky and discovered

that the crawlspace under his home had been flooded after a frozen water pipe burst.

c. GASSETT called KINMAN at work at 7:00 a.m. the next morning and

asked for a pump to remove the water from his house.

d. KINMAN, bypassing the normal chain of command, directly contacted

ROBERTS in the fisheries division and directed ROBERTS to deliver a state-owned portable

water pump to GASSETTS home.

e. ROBERTS directed ATHA, LYONS and HILTON to deliver the pump to

GASSETTs home.
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f. ATHA, LYONS and HILTON spent approximately three hours traveling

to GASSETT home, pumping out the crawlspace and returning to the department. GASSETT

was present at hishome when the employees got there and observed them working to remove the

water from his homes crawlspace.

g. During the time ATHA, LYONS and HILTON were working atGASSETTs home, ROBERTS also directed HALE to take a second pump to GASSETTs

residence. HALE spent 1 hours traveling to and from GASSETTs home to deliver the second

pump.

h. Although KINMAN asserted that he did not know that ROBERTS

directed ATHA, LYONS, HILTON and HALE to take the pumps to GASSETTs home and

pump out the crawlspace, OIGSS finds his assertion not to be credible. KINMAN had been the

director of the fisheries division for several years and knew ROBERTS well enough that he

made a direct call to ROBERTS to insure delivery of at least one pump. KINMAN knew, or

should have known, that ROBERTS would have directed employees to deliver the pump toGASSETT. Given the relationship between KINMAN and ROBERTS, OIGSS finds it more

likely than not that ROBERTS advised KINMAN that he had sent employees and equipment to

GASSETTs home.

i. OIGSS further finds suspect the fact that KINMAN failed to inform

BUYNAK, ROBERTS first-line supervisor, or BROOKS, the division director of fisheries, that

he had contacted ROBERTS and requested the pumps delivery to GASSETTs home. Given

the relationship between KINMAN and ROBERTS, it is more likely than not that KINMAN

purposely failed to notify BUYNAK and BROOKS because he knew ROBERTS would comply

with his request and to reduce the possibility that one of ROBERTS supervisors might object tothe directive KINMAN gave ROBERTS.

j. KINMAN admitted when interviewed by OIGSS that he would have made

the same accommodation for any KDFW employee but not for anyone outside of KDFW.

KINMAN further admitted that he did not have the authority to give anyone permission to use

state-owned equipment for personal use and admitted that he never even thought about this issue.

Thus, KINMAN in effect admitted that his actions in directing state resources to be used at

GASSETTs home were improper

k. OIGSS finds that KINMAN improperly directed ROBERTS to send astate-owned pump to GASSETTs home for GASSETTs personal use. OIGSS finds that

KINMAN knew, or should have known, that ROBERTS would direct employees to deliver the

pumps to GASSETTs home and pump out the crawlspace. This violation is exacerbated by the

fact that KINMAN was the deputy commissioner of the department at the time the work was

done at GASSETTS home. He was in the second-highest position of authority in the agency


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and knew, or should have known, that the use of state employees and resources at GASSETTs

home for personal benefit was improper.

l. Regarding ATHA, LYONS, HILTON and HALE, the findings made in

Section III(A)(1)(j),above, are incorporated by reference at this point.

m. The interviews ofKINMAN,ROBERTS,ATHA,LYONS,HILTONand

HALE, including any relevant exhibits made a part of those interviews, are incorporated by

reference in these findings.

2. KINMAN directed the utilization of state workers and resources to

deliver free fish to commission member Christopher GODBYs private ponds 2013, in

violation of the departments regulations.

a. KDFW produces over 12 million fish a year in its hatcheries. These fish

are produced for the purpose of populating public waterways for the benefit of the general public

and other fish are provided to private landowners for a fee pursuant to the departments farm

pond stocking program.

b. There is an additional program, called FINS (Fishing in Neighborhoods)

in which fish are delivered to waterways near towns and cities in order to promote fishing among

young people. These fish are delivered at no charge as part of the departments responsibility to

stock public waterways with certain species of fish.

c. 301 KAR 1:160governs the method by which the department is to stock

fish in private waters and is the basis of the farm pond program. It provides as follows:

Section 1. Upon application and receipt of a nonrefundable stocking fee, any

owner of a pond or lake may receive fish stocks for private waters, provided one(1) of the following conditions is met:

(1) The pond or lake is newly impounded and contains no fish.

(2) The pond or lake has been drained and refilled or chemically renovatedand contains no fish.

(3) The pond or lake has been checked by a fishery biologist who hasrecommended it for remedial stocking.

Section 2. Species available for private waters include largemouth bass,bluegill, and channel catfish. The pond or lake must be stocked with largemouthbass and bluegill; the channel catfish are optional. Combinations of the abovespecies are available at the discretion of the department.
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Section 3. Stocking applications shall be received by the department no laterthan October 1 of each year. The stocking cycle begins in late October with thedelivery of bluegill and channel catfish. The cycle is then completed during Mayof the following year with the delivery of largemouth bass. Fish stocks aredelivered to each county, with advance notice of time and place provided to each

pond or lake owner. It is the responsibility of each pond or lake owner to pick upthe boxed fish and place them in the designated waters following the stockinginstructions which are printed on the outside of each box. (11 Ky.R. 1217; eff. 3-12-85; Am. 19 Ky.R. 456; eff. 9-23-92.)

d. The department provides information on its farm pond stocking program

at two locations on its website. EXHIBIT is entitled Kentucky Farm Pond Stocking

Information. As can be seen from that information, the public is advised that certain species of

fish are provided. An individual must fill out the application (attached to the exhibit) and pay a

specific fee for the delivery of fish. The application and fee are sent to the department, which

provides delivery of the fish to a central location in each county or area. The applicant must pick

up the fish at the central area. The fish to be delivered are fingerlings, generally 1-2 in

length.

e. EXHIBITis entitled A Management Guide for Ponds and SmallLakes in

Kentucky. Information on the farm pond stocking program is found at pages 5-6 of this exhibit.

The information provided there includes the fact that fish can be supplied for a fee to private

ponds that are new or have been renovated.

f. 301 KAR 1:160provides that a private landowner can obtain fish for a

pond or lake. The body of water is checked by one of the departments district biologists whomay then recommend the pond or lake is suitable for remedial stocking. Although this term is

not defined in any applicable statute or regulation, it is a method by which a private pond-owner

with an existing fish population can obtain additional fish in order to provide balance between

the predator fish and prey fish in the pond. For example, there may be too many largemouth bass

(a predator fish) in a pond and too little bluegill (generally a prey fish). The district biologist

would perform a technical guidance by determining from a general observation of the pond the

number, size and species of fish in the water. From that determination, he would provide the

pond-owner with a recommendation of the fish that should be put into the pond to equalize the

fish population. Although the regulation indicates that fish could be provided to the pond-owner

via the application, payment and delivery methods set forth in the regulation, the districtbiologists OIGSS interviewed (Jeff CROSBY and John WILLIAMS) stated that the normal

procedure was for the biologists to provide the landowner with a list of private hatcheries from

which the necessary fish could be purchased.

g. There is no program based upon a statute or regulation that authorizes the

department to deliver free fish of any size to a private landowner. OIGSS finds that the
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department has regularly ignored the plain provisions of301 KAR 1:160since the regulation was

first adopted in 1985 and has over the years engaged in an unauthorized delivery of free fish to

private landowners.

h. This practice is not only unauthorized, it is unfair. The general public for

the most part is not aware that the department will on occasion deliver free fish to a private

landowner upon request. From the interviews OIGSS has conducted, it appears that individuals

that are somehow connected either through ties with the department or who may be in a

position of authority in the agency have been the recipients of this unauthorized largesse. The

practice is further unfair in that an applicant for fish delivery pursuant to the farm pond program

must fill out an application, pay a fee and drive to a central location to pick up his fish. By

contrast, the individuals who have been provided with free fish filled out no applications, paid no

fees and the state expended its resources by delivering fish directly to their private ponds in state

vehicles driven by state workers. In summary, the entire practice of the department delivering

free fish to a persons private pond or lake is unauthorized by any statute, regulation or writtenpolicy and must cease.

i. With the foregoing as a background, OIGSS will now make specific

findings as to improper fish deliveries to GODBY. GODBY has been KDFW

Fish and Wildlife Resources Audit

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Transcript of Fish and Wildlife Resources Audit