FWP admits to constitutional violations

The Montana Department of Fish, Wildlife and Parks admitted to violating the state constitution by not handing over public documents to a wolf advocacy group and has agreed to a consent decree that aims to ensure it follows the constitution and public meetings laws moving forward.

FWP and Wolves of the Rockies signed a consent decree, or legal agreement, on Oct. 11 in which the department admitted to violating the organization’s constitutional rights and agreed to allow the organization more time for public comments on wolf policy at next June’s Fish and Wildlife Commission meeting and to train commissioners on open meeting and records compliance, among other things.

Wolves of the Rockies had sued FWP last year after it filed six public records requests seeking emails that showed four of the then five-member commission (it has since been expanded to seven) members held an illegal meeting via email in 2021, excluding one member appointed under Gov. Steve Bullock, in which they discussed policy decisions ahead of a meeting on elk hunting and wolf trapping and hunting.

FWP ignored the requests for the records initially, then provided some information last summer, after which Wolves of the Rockies filed an amended complaint saying the emails showed a meeting did occur over email. FWP initially denied a meeting took place and that the email quorum did not constitute a public meeting.

But the lawsuit entered mediation, and after input from both sides, each agreed to the terms.

“It attempts to hold people accountable and level the playing field within the senior management of FWP and the commission,” Marc Cooke, the president of Wolves of the Rockies, said in an interview.

Wolves of the Rockies and FWP agreed to the following under the consent decree:

Wolves of the Rockies will have an hour of additional public comment at the Fish and Wildlife Commission’s June 2024 meeting

FWP will have to fulfill Wolves of the Rockies’ public records requests at no charge for a year

FWP will have to fulfill records requests for commissioners’ emails about wolves or trapping

Commissioners’ non-privileged emails and text messages will be posted within two days before each commissioned meeting

Commissioners will have to train on open meeting and open records compliance by Dec. 31

Commissioners will have to use public-issued email and phones for government business

Commissioners must publicly disclose any meetings they’ve had with interest groups at each commission meeting

FWP will also have to pay more than $5,000 in the organization’s attorney’s fees and mediation costs under the decree.

People who watched Thursday’s Fish and Wildlife Commission meeting could see one of the prongs of the decree in play when commissioners were reminded they had to disclose meetings with interest groups they’d had since the previous meeting. Several noted meeting with the Montana Outfitters and Guides Association’s executive director.

FWP spokesperson Greg Lemon said in an email that FWP “values transparency” and has streamlined the record request process “so we can avoid these kinds of issues in the future.” He said the department is already following the decree.

“As part of these negotiations we brought all of these additional steps at transparency to the table. We think they’ll bring more clarity in the commission process and a broader awareness and understand of how the commission operates,” Lemon said. “That’s why we suggested them and, as you can see, we’re already implementing them.”

Cooke said he feels the consent decree will help his group, and others that favor more wolf protections in Montana, level the playing field when coming to the commission with their own thoughts and recommendations on wolves in Montana.

He said he believes the commission under Gov. Greg Gianforte – all of whom are now appointed by Gianforte – favors hearing from outfitters and hunting groups more than conservation groups when it comes to wolves in particular.

“We’ve been involved with Fish, Wildlife, and Parks for around 13 years or so. Up until this current administration, we never ever considered any form of litigation. And why is that? Because although we had senior leadership at FWP that wasn’t really responsive to us, we had damn good commissioners,” Cooke said. “And that’s not to say they gave us everything we wanted. We could take our lumps because we knew the field was level; they were listening to us and they would consider what we had to say.”

Wolves of the Rockies submitted three petitions to the commission at Thursday’s meeting – one calling for a wolf advisory council to gather more input for the 2023 wolf management plan, another again proposing the idea of a Montana Wolf Stamp, and the third calling on FWP to conduct a physical wolf population count in the state to get a better grasp on how many wolves there are and to better track wolf mortality.

FWP issued its draft wolf management plan and draft environmental impact statement for 2023 on Friday — opening public comment periods for each that will end Dec. 19 at 5 p.m.

Cooke said he and his group do not want special treatment after the consent decree, only to be heard like other members of the public and “stakeholders” that more often have FWP’s and the commission’s ear.

“We’re no better than anybody else. Our voice matters as much as everybody’s else’s voice, and by giving us an hour, you should be giving everybody an hour,” he said. “So if you really wanted to make us happy, take that hour and give everybody else who comes up to the mic another minute.”

Despite the signed consent decree and assurances from FWP it will follow it, Cooke said he’s “not terribly optimistic” that all of the decree will be followed. But he said he is pleased with some of the commissioners who have been responsive to discussions with the group.

He said he acknowledges there will be a learning curve for commissioners in adhering to the agreement, and the organization won’t immediately jump on any mistakes they make over the next year. But he will make sure they honor it – and hopefully beyond the terms of the agreement.

“There are individuals within Fish, Wildlife and Parks who are trying to do the right thing,” he said. “But we’ll be watching and we’re engaging, and my hope is that this continues a year from now. But, you know, time will tell.”

Blair Miller is a Helena-based reporter. The Daily Montanan is a nonprofit newsroom. To read the article as originally published, click here.