About a year ago, a couple WDFW agents spent some time poaching in Montana (there is no better way to put it)
Here is an update and complete background on the story courtesy of the Tacoma News Tribune.
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Bob Mottram; The News Tribune
The Washington Department of Fish and Wildlife has agreed to mediate its dismissal of a game warden whom it fired in the spring for allegedly misbehaving during a hunting trip in Montana in the autumn of 2000.
The former warden, Kirke Lisi of Bothell, is one of two Washington game wardens the department disciplined for alleged Montana infractions. The other, Brooks Carmichael, formerly of Tenino and Lisi's hunting partner, was demoted. Carmichael, who reported Lisi's infractions to authorities, has retired since then from the agency and moved to Nebraska. Both men have filed appeals with the State Personnel Appeals Board.
The board scheduled Lisi's hearing for December, and Carmichael's for April 2002. Following such hearings, the board may uphold the punishment, modify it or reinstate an employee with all back pay.
However, in late September the department agreed to submit Lisi's case to mediation before a board-appointed mediator. That is expected to occur in late October. If mediation is unsuccessful, the board still can consider Lisi's appeal in December.
Dan Wyckoff of Olympia, Lisi's attorney, said last week he believes the department agreed to mediate because it "thinks it overstepped itself" in firing Lisi.
The department has "made a very strong commitment formally that this thing is resolvable," Wyckoff said. "Everybody expects him to be back at work."
Bruce Bjork, the department's chief of enforcement and Lisi's former boss, said he was "considering other options than a return (by Lisi) to the officer position. That's what we have told him and his attorney."
The actions against Lisi and Carmichael arose as a result of a hunting trip to southeastern Montana. Following the trip, the Montana Department of Fish, Wildlife and Parks charged Lisi with wastage of an antelope that he reportedly had shot and not removed from the field. Lisi did not contest the charge, and forfeited bond of $520.
The Washington agency fired Lisi, an 11-year veteran of its wildlife enforcement branch, for neglect of duty, malfeasance, gross misconduct and willful violation of agency rules and regulations. It demoted Charmichael, a veteran of more than 26 years with the department, for related reasons.
Lisi's actions are "an embarrassment to the department and a breach of the public's trust," Bjork wrote in Lisi's notification of dismissal.
"I find your actions particularly egregious because you violated fish and game laws which are the very laws you were hired to enforce," he wrote.
He said the dismissal was based on Lisi's:
* Shooting a buck pronghorn in violation of Montana law;
* Abandoning and wasting the animal in violation of the law;
* Attempting to exceed Montana's pronghorn bag limit; * Lying about his conduct in Montana.
Bjork said he learned from Carmichael on Oct. 23, 2000 that Lisi killed one more pronghorn buck than he was licensed to take, and left it in the field. Carmichael told Bjork he reported it to Montana enforcement people.
Two days later, Lisi called Bjork and informed him that he accidentally shot a pronghorn buck for which he didn't have a tag, and that he had just been contacted by the Montana Department of Fish, Wildlife and Parks.
An internal investigation by the Washington agency, Bjork said, determined that Lisi filled an either-sex pronghorn tag on Oct. 8, 2000 when he shot a small buck and returned with it to his and Carmichael's camp. On Oct. 9, while trying to shoot a pronghorn doe to fill his second tag, valid only for a doe or a fawn, Lisi shot a second small buck. Lisi said he had mistaken the buck for a doe.
Upon shooting the animal, Lisi told investigators, he discovered he did not have a knife with which to field dress it. He placed some sagebrush atop the animal and returned to Carmichael's truck to retrieve his knife, he said, then was unable to relocate the animal's carcass.
On the day that Lisi shot the second buck, Carmichael - hunting independently - bagged a buck and a fawn to fill his two tags.
On Oct. 11, Lisi and Carmichael attempted to shoot an additional pronghorn to fill Lisi's doe tag. According to statements provided by Lisi and Carmichael, Bjork said, Carmichael spotted for Lisi while Lisi shot.
Each told investigators that the other had initiated that effort, and each said he personally was a reluctant participant. Carmichael said he deliberately provided false information while spotting so as to cause Lisi to miss, which he did.
Bjork said both violated Montana law by attempting to exceed the bag limit of two animals apiece.
Bjork also said his agency's investigation revealed that Lisi never reported his violation of Montana laws to the appropriate Montana authorities, and that when a Montana game warden called him at home to question him about it, Lisi was untruthful.
"According to warden (Randy) Arnold," Bjork wrote, "you denied knowledge of the abandoned animal, denied shooting the abandoned animal, and suggested to warden Arnold that other hunters had been in the area.
"It was only after warden Arnold continued to question you that you finally admitted shooting the pronghorn antelope and abandoning the carcass. After admitting that you did these things, you then asked warden Arnold not to go to your employer with this information."
Bjork said Lisi had had several opportunities to report his actions to Montana authorities.
"As a Fish and Wildlife officer, you have a duty to be truthful ... a duty to conduct yourself in a professional manner and keep your conduct above reproach," Bjork wrote. "Clearly, by failing to notify the proper authorities of your violations of Montana law and lying to a Montana game warden you have neglected this duty ..."
Despite Lisi's long-time employment and unblemished record, Bjork said, dismissal was warranted because of the seriousness of the conduct.
In a letter the same day to Carmichael, Bjork said he was demoting Carmichael to wildlife officer 2 from wildlife officer 3 for neglect of duty, insubordination, malfeasance, gross misconduct and willful violation of agency rules and regulations.
He said the demotion was based on Carmichael:
* Unethically attempting to capitalize on a clerical error made by a clerk who issued him his Montana bird hunting license;
* Aiding in an attempt to exceed the Montana bag limit on pronghorn; * Failing to follow directions not to discuss the case with anyone besides his legal counsel and his chain of command.
On Oct. 7, Bjork wrote, Carmichael and Lisi had stopped at a sporting goods store in Billings, Mont., to purchase bird hunting licenses. They requested non-resident licenses, but a licensing clerk mistakenly issued them resident bird hunting stamps and charged them the resident price of $6. The nonresident price is $110.
Both Carmichael and Lisi told investigators that when they paid for their licenses they were not aware of the error. Later, after they realized they had been issued resident stamps, Carmichael drove from his campsite near Hysham to the Montana Fish, Wildlife and Parks Department office in Miles City to correct the error. The office manager there told investigators later that Carmichael claimed he was "absolutely certain" that he and Lisi had paid $110 for the stamps.
"(B)ased on your assertions, her own knowledge that you were a Fish and Wildlife Officer in Washington state, and advice from her headquarters office in Helena," Bjork wrote, "she issued you a duplicate (nonresident) license, which you accepted."
The office manager arranged for warden Arnold to visit Lisi at the hunting camp to provide him with a duplicate nonresident license also. When Arnold got to the camp, however, Carmichael informed him that he had, in fact, paid only $6 cash for the bird stamp. Arnold took back Carmichael's "duplicate" document, Bjork said, and Lisi's resident bird tag, and instructed both men to drive to Hysham and purchase an appropriate nonresident licenses for $110.
"While in your responses to this investigation you claimed a variety of excuses why you were confused as to the amount of money you paid for the upland bird license," Bjork wrote to Carmichael, "I find that your excuses are implausible."
Bjork said Carmichael attempted to aid in exceeding the bag limit when he spotted for Lisi on Oct. 11 as Lisi tried to kill a third Montana pronghorn.
Carmichael acted insubordinately, Bjork said, when he discussed the Lisi investigation with an enforcement supervisor in eastern Montana while on vacation there last November, in violation of Bjork's directive.
Bjork said Carmichael's conduct had failed to meet the standards for someone in his position, but "the fact that you did finally bring most of the violations to the attention of the Montana authorities and this agency, as well as your long career with the department, somewhat offsets your other actions."
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Ryan S. Petzold
aka
'Sparkey' and/or 'Special'
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