State political commissioner rules Fish, Wildlife and Parks violated ethics code

Montana’s chief political regulator on Tuesday found the Department of Fish, Wildlife and Parks responsible for three code-of-ethics violations, after the agency allowed a political committee to use public resources in its 2014 opposition to a ballot initiative to ban trapping on public lands.

Montana Commissioner of Political Practices Jonathan Motl’s order follows a recommendation made earlier on Tuesday by state hearings examiner Jamie MacNaughton. Her recommendation found that agency officials failed to regulate the Montana Trappers Association’s use of a state-owned educational “furbearer trailer and display,” which the group used to advocate against Initiative 169 on three occasions in 2014.

The initiative, for which the political committee Trap-Free Montana Public Lands had advocated, ultimately failed to receive the minimum number of signatures for inclusion on the 2014 ballot.

MacNaughton’s findings did not find any evidence that state employees actively participated in the political activity.

Fish, Wildlife and Parks spokesman Greg Lemon said Wednesday that the agency was still weighing a legal response to the decision, but was "definitely considering an appeal."

According to her findings, the state agency had previously allowed the Montana Trappers Association to use its furbearer trailer and display for education purposes. On May 31, 2014, the report states that the pro-trapping group used the materials to advocate against the ballot initiative at a “Montana Public Land Users and Sportsmen” event in Missoula. The event was sponsored by Montanans for Effective Wildlife Management, a 2014 ballot committee that was opposing Initiative 169.

The report also states that Jason Maxwell, then-vice president of MTA West, used the displays to advocate against the ballot initiative at the June 15, 2014, Hamilton Farmer’s Market and that the group used FWP furbearer displays at a June 15 event held at Cabela’s Outpost in Missoula.

Responding to an email from Fish, Wildlife and Parks spokesman Ron Aasheim, MTA president Toby Walrath had stated that the agency’s materials had been “part of our education and outreach for MTA” rather than for advocacy work under the umbrella of the pro-trapping political committee.

In an online comment posted the following day, Maxwell stated, “We have made magnets to cover the FWP logo with our logo as to clear up any future misunderstandings when in our possession.”

While noting that the agency again expressed its concerns with the potentially unethical use for state property, the report states that “no FWP employee recalls asking or requiring that the MTA return the FWP Furbearer trailer or display to FWP following MTA’s use of state equipment to oppose a ballot issue at the Hamilton Farmer’s Market.”

After receiving several citizen complaints alleging the use of state resources for a political group and critical posts on the liberal political blog Montana Cowgirl, the agency in August 2014 developed a user agreement to govern the use of the furbearer displays. The sign-out form required the use of agency equipment only for apolitical purposes. The trapper’s association continued to use the trailer and display through December 2014 without signing the agreement, according to the report.

MacNaughton noted that while the findings from the Oct. 21 hearing show that Fish, Wildlife and Parks “naturally came up with the right solution” by drafting the sign-out agreement, the agency failed to implement it.

“Public officers and employees have a duty to take reasonable steps to prevent the private use of public resources for political advocacy purposes,” she concluded. “FWP failed to have in place an agreement regulating the private use of public property and ensuring that private use does not conflict with the (Montana) Code of Ethics.”

MacNaughton specifically attributed the findings to the actions and omissions of FWP Director Jeff Hagener, spokesman Ron Aasheim and chief legal counsel Rebecca Dockter.

Motl imposed a $1,500 administrative penalty on Fish, Wildlife and Parks — $500 for each violation — along with witness fees, mileage reimbursement and other costs incurred by Trap-Free Montana Public Lands in the case.

Motl also upheld MacNaughton’s recommendation that no individual agency employees be subject to disciplinary action.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.