Arizona state parks projects are under review after director’s firing


Associated PressPublished 4:35 p.m. MT Dec. 16, 2018

Homolovi State Park

(Photo: Winslow Chamber of Commerce)

Plans to expand and improve Arizona’s state parks system are under review as key projects face delays and cost increases.

The projects are drawing new scrutiny in the wake of complaints that led to the ouster of Arizona State Parks and Trails director Sue Black. The agency’s current leadership is reviewing all projects to determine their viability and to ensure all permits and clearances are secured properly, interim director Ted Vogt wrote in a Nov. 30 report to a legislative oversight committee.

The committee is scheduled to review the park projects Tuesday.

Vogt was appointed to head the agency in November after Gov. Doug Ducey fired Black following numerous complaints, including ones by former staffers who said potential archaeological sites were bulldozed to rush development of rental cabins and other improvements.

Only 25 of the 100 cabins planned for various parks through lease-purchase agreements have been installed yet the project’s $1.6 million budget is nearly expended, the report said.

This photo from state Parks documents shows land at Havasu Riviera State Park that was bulldozed. Former Parks archaeologist Will Russell said the state agency might not have followed protocol in determining if archaeological sites were disturbed.

This photo from state Parks documents shows land at Havasu Riviera State Park that was bulldozed. Former Parks archaeologist Will Russell said the state agency might not have followed protocol in determining if archaeological sites were disturbed. (Photo: Arizona State Parks Department)

In a Dec. 11 briefing memo that accompanied the report, legislative budget analysts wrote the shortfall in cabin development was “due to higher-than-expected site preparation costs.” The parks system’s report said the agency is evaluating the cabin project scope based on its recent experience installing the cabins at Lost Dutchman, Patagonia and Lake Havasu parks.

Meanwhile, the planned $4 million development of a new rustic camping park known as Rockin’ River Ranch along the Verde River in Yavapai County is lagging. Parks officials said they can’t accurately determine a construction schedule until completion of designs and, before those, a cultural resource assessment of the property. 

Elsewhere, plans given an informal go-ahead by lawmakers in 2016 to redevelop camping sites and recreational vehicle stations at Cattail Cove State Park on Lake Havasu along the Colorado River at a cost of $5.3 million are in a holding pattern as parks officials develop the project’s master plan.

The parks report states the scopes of numerous other improvement and repair projects throughout the park system have changed due to various circumstances, including funding constraints.

Of 13 small projects funded with appropriations in the two fiscal years that ended in mid-2017 and mid-2018, only four are complete, legislative budget analysts said.

Arizona State Parks Can be fixed – if Gov. Doug Ducey is willing. Will he Accept?

Source:  Linda Valdez, Arizona Republic – December 2, 2018

Opinion: Not all the problems at Arizona State Parks happened on Ducey’s watch. But the remedy is up to him.

Here’s one constituent letter

Ducey can turn it into a love letter to all of Arizona and a down payment on his legacy.

The constituent letter comes from the Arizona Heritage Alliance, an impressive group of people who know and care about our state’s remarkable cultural, historical and natural treasures.

The letter asks Ducey to restore $10 million a year in Heritage Fund money for Arizona State Parks & Trails. The funds were taken away in 2010.

Parks lack money for maintenance 

Heaven knows, the Parks need money.

  • They no longer get any money from the state’s general fund, and the price of deferred maintenance has been rising for years.

And heaven knows Arizonans wanted the Parks to have the money.

  • The dedicated funding was overwhelmingly approved by voters in a 1990 citizens’ initiative, which tapped the Lottery – not the general fund – for the money.

The letter reiterates how this money was used under the plan spelled out in the citizens’ initiative:

  • For recreation and open space development, restoration or renovation.
  • For outdoor and environmental education initiatives and non-motorized trails.
  • For operation, maintenance or repair of parks and natural areas.
  • For historic preservation and archaeological projects.

The last one is of particular interest.

Former director fired after complaints

In mid-November, Ducey fired former Parks Director Sue Black and her former deputy Jim Keegan.

It came after years of complaints about Black’s management.

It also came as Arizona Attorney General Mark Brnovich continues investigating whether laws protecting Native American and other archaeological sites were ignored on Black’s watch to facilitate development at the Parks and raise revenue.

These alleged breaches happened after the citizens’ oversight power of the State Parks Board was gutted.

Ducey asked to heal the agency

The letter asks Ducey to “heal the agency, its staff, the State Parks Board, and concerned citizens who care about our natural, cultural, and historic resources.”

He can make this a priority in his second term under the banner of fixing somebody else’s mistake.

After all, the evisceration of the Parks Board in 2012 and the loss of the Parks’ Heritage funding in 2010 both happened before Ducey took office.

What’s more, reversing those changes is a matter of simple fairness.

  • The Arizona Game and Fish Commission, a citizens’ group that sets policy for the Game and Fish Department, retained the power that was stripped from the Parks Board.
  • Game and Fish, which manages Arizona wildlife for hunting, fishing and conservation, also retained its $10 million a year share of Heritage funding, which was included in the original voter-approved initiative.

Why do some outdoor groups get preference?

The so-called “rod and gun” constituency that relies on Game and Fish for their sport has a strong voice in the Legislature – and that’s why that agency retained both citizens’ oversight and Heritage funding. But State Parks have a statewide constituency that, while not as organized, should not be ignored. Hiking, boating, fishing, birding and exploring Native American culture. You can do that and more at these Arizona State Parks. Parks serve an essential role in an increasingly urban Arizona, providing outdoor recreation for everyone and bringing tourism to rural areas.

The State Parks are a vast treasure house of Arizona’s past and present, ranging from the Yuma Territorial Prison to the Boyce Thompson Arboretum to Lake Havasu to Kartchner Caverns to the ancient ruins at Homolovi. Properly protecting and managing this heritage demands a dedicated funding source and good citizen oversight.

How Ducey can make this right

Sure. Sue Black was Ducey’s appointment. That was his mistake.

But two detrimental changes at Parks pre-date Ducey:

  • Unlike previous directors, Black did not answer to a strong and active Parks Board; she clearly needed that kind of citizen scrutiny.
  • What’s more, the rush for development to raise revenue might not have happened if the Parks had retained the Heritage money that Arizona voters wanted them to have.

Ducey can begin fixing those problems and answer the letter from his constituents as he crafts his State of the State speech. He can do it with a pledge to restore the Parks’ share of Heritage Fund money and reinvigorate the Parks Board.

Then he can shepherd those changes through a Legislature that will be more diverse next session and more in need of visionary leadership.

Reach Valdez at linda.valdez@arizonarepublic.com.

Arizona State Parks Suffer From Financial Neglect

Source: Special by William Thornton to the Arizona Daily Star – November 10, 2018

A recent story in the Arizona Daily Star noted that Gov. Ducey has placed Arizona State Parks and Trails Director Sue Black on leave. There’s more to the story. Following the Arizona Republic’s Oct. 29 report that archaeological sites in state parks have been bulldozed to make way for cabins to generate additional revenue, four Native American state legislators requested a criminal investigation to determine whether state and federal laws were violated.

It’s been a wild roller coaster ride for state parks. In September 2017 Arizona State Parks and Trails was awarded the gold medal for the best managed system by the National Recreation and Parks Association. A remarkable turn round when, not so long ago, parks were closing for lack of funding and those remaining open were faced with millions of dollars of backlogged maintenance.

First a bit of history. In 1957, Gov. Ernest McFarland signed the bill that created the Arizona State Parks System, but legislators failed to appropriate funds to provide parks to serve the outdoor recreational needs of a rapidly growing urban population. In 1990, Arizona voters created the Heritage Fund that appropriated $20 million lottery dollars per year to be divided equally between State Parks and Arizona Game and Fish. The infusion of funds provided Arizona State Parks with “seed money” for new properties, to improve existing facilities and complete historical restorations. Every community in Arizona has benefited from Parks Heritage Fund grants at zero cost to taxpayers.

Even with new facilities and increased visitation, state parks suffered from chronic underfunding for operations and maintenance. General fund appropriations ended in 2010. In response to the economic downturn in 2011, the entire Parks Heritage Fund balance was swept into the state general fund and the Parks Heritage Fund was eliminated.

The State Parks Board was left with little choice but to close some of the least visited parks and historic sites. With help from legions of volunteers, host communities responded with heroic efforts to keep their parks open. The outpouring of support for parks was inspiring but not sustainable. A long-term solution was needed. Parks funding is not a problem unique to Arizona. Former Gov. Janet Napolitano appointed a commission to explore additional sources of revenue. The final report was released after Gov. Brewer took office. Possible funding solutions included a voluntary license plate surcharge that’s been successful in other states.

Despite bipartisan support, efforts to refer a bill to voters that would restore the Parks Heritage Fund and provide a dedicated source of parks funding stalled in the Arizona Legislature. An initiative drive failed in 2012. Finances improved when the Legislature allowed Arizona State Parks to keep more revenue from gate receipts, special events and gift shop sales. Visitation was on an upward trajectory when, in 2016, the parks department announced an ambitious program to build 100 new cabins in nine parks to be financed by a public/private partnership. Profits were to be shared by state parks and concessionaires. The question of whether Arizona Parks and Trails would share in any losses was left unanswered.

Fast forward to the present. The job of Parks Director comes with the awesome responsibility of managing natural and cultural resources for present and future generations. After decades of underfunding, it’s understandable that pressure to generate additional revenue was intense. That said, the infliction of irreparable damage to archaeological sites, even if inadvertent, cannot be excused or rationalized. Gov. Ducey has taken an important first step by placing Director Black on leave as the investigation proceeds.

Whether or not laws were broken, Arizona Parks and Trails and Director Black failed to meet her responsibilities and must be held accountable. Even so, the underlying issue of underfunding remains. Revenue generation has taken priority over stewardship of natural and cultural resources. Storm clouds over Arizona State Parks may have a silver lining if we follow up with restoration of the Parks Heritage Fund and a dedicated source of revenue for parks that belong to all Arizonans. The ball is in our court.

State Parks Bulldozed Archaeological Sites for Cabins, Trails, Ex-agency Archaeologist Says

Source: Craig Harris, Arizon Republic – October 29, 2018

Arizona State Parks & Trails has dug up and bulldozed Native American and other archaeological sites without preserving artifacts in a rush to build visitor attractions and make money, a state archaeologist claims. In one case, Parks unearthed ancient stone tools and caused “irreversible” damage to a site dating back 12,000 years, according to agency memos.

The archaeologist, Will Russell, told The Arizona Republic he repeatedly cautioned Parks officials that
the work could violate the law and destroy artifacts, but he was overruled and even threatened by top agency managers, including Parks Director Sue Black. “There are dozens of archaeological sites that have been wrecked” because Parks officials didn’t want to delay development plans, Russell told The Republic. Russell left his job with Parks on Oct. 15 and now works for another state agency.

A high-ranking administrator in Gov. Doug Ducey’s administration appeared to share Russell’s concerns in a July 25 email obtained by The Republic.  Interim Parks Deputy Director Bret Parke wrote about cultural resources “being impacted by development projects,” according to the email. Parke warned the agency in bold letters to not proceed “with any land disturbance without getting clearance” from Russell. Copied on Parke’s email were Black, a Department of Administration executive and Russell.

Russell said agency planners ignored that warning, and in mid-September Parke was moved from Parks to the Department of Environmental Quality, where he had previously worked. Megan Rose, spokeswoman for the Arizona Department of Administration, said ADOA is “actively reviewing the allegations brought forth by Dr. Russell,” and could not comment further. Multiple attempts to reach Parke were unsuccessful. A spokeswoman for DEQ declined to let Parke comment. Black, subject of three separate state investigations for mistreating employees, declined repeated requests for comment.

Russell said he took his concerns directly to Parke, the interim deputy director, who also was a lawyer at ADOA and has close ties to Gov. Doug Ducey and officials in the Governor’s Office. Russell called it curious that ADOA was only now investigating his claims — after officials became aware that he had talked to The Republic.  Parks spokeswoman Michelle Thompson declined to answer questions because Russell’s allegations are “under review.” Thompson did not elaborate. Paula Pflepsen, an archaeologist who was Park’s cultural resource manager until she quit in February 2017, said she had the same concerns about work at the agency.

‘Dozens’ of sites wrecked

Russell said disagreements over preservation grew so intense Black stormed into his office one day last
spring and yelled at him. She cocked her arm with a clenched fist, threatening to hit him, he said. Russell said as a result he was rarely permitted to leave the agency’s central office to conduct archaeological surveys or do damage assessments at the state’s 35 parks. He also wasn’t allowed to communicate with field staff or other governmental agencies, he said. “The agency’s mission is to protect and preserve natural and cultural resources, but we aren’t doing any of that. We are just putting up cabins and making money,” Russell said. “One of her favorite adages is ask for forgiveness rather than permission. But she doesn’t even ask for forgiveness, and she certainly never tries to go back and fix problems.”

Russell claims that under Black’s direction, the agency:

  • Built a garden in an archaeological site at Tonto Natural Bridge State Park, north of Payson, after being told to wait for an archaeological investigation. Russell noted in an April 14 memo to three Parks executives that the damage affected historic properties and “is irreversible, was not authorized, and was not monitored by a qualified archaeologist.” The memo also says work at the site exposed artifacts including “two lithic tools.” The site likely has “been visited or occupied over the span of 12 millenia or more,” and could have provided information about Apache subsistence and demography that has “thus far eluded Southwestern archaeologists,” he wrote.
  • Expanded a picnic area into a historical homestead site at Slide Rock State Park in Oak Creek Canyon, north of Sedona. In March 16 memo, Russell noted a historic roadway ended at a large area that had been bulldozed and unauthorized development work had been done, causing “land disturbance.” “This is a serious violation of several statutes, policies and acceptable practices,” Russell wrote. “If an ancestral Native American sited had been damaged, it would have added considerable liability.”
  • Built a trail in 2016 at Granite Mountain Hotshots Memorial State Park near Yarnell that went through a Native American archaeological site after being warned not to. Russell said when he tried to address the problem, Black rebuffed his efforts and removed him from his role as tribal liaison.
  • Refused to allow employees responsible for environmental or archaeological compliance to do their jobs.

Walter “Skip” Varney, the agency’s former chief of development, called Russell “very reputable” in his field. Varney, who left Parks in May, confirmed all of Russell’s allegations except those involving the Granite Mountain Hotshots Memorial State Park, saying in that case proper procedures were followed. Varney said Russell’s greatest concern “was to make sure we took care of archaeological sites and did it properly.” “She (Black) was frustrated with the archaeological process,” said Varney, who once served as Black’s deputy director. “She wanted to get projects on the ground, and she and Will went back and forth. … It was all about new development and squeezing in as many campsites and trailers.”

State law prohibits defacing sites

The Arizona Antiquities Act outlines how archaeological and paleontological discoveries on state land should be reported and handled. It prohibits defacing protected sites and artifacts. Russell said county attorneys, the state Attorney General and U.S. Attorney’s Office prosecute alleged violations of that law, depending on where the violations are alleged to have occurred.  Pflepsen said Parks, under Black, regularly violated the state Antiquities Act in order to generate additional development revenue. Parks would have to ask authorities for such an investigation.

Russell said he raised his concerns with the State Historic Preservation Office, which assists entities in complying with historic preservation laws. SHPO is also under Black’s jurisdiction. State Historic Preservation Officer Kathryn Leonard said she was unable to comment without Black’s authorization. The agency did not allow Leonard to speak to The Republic. Russell also made his complaints known to various tribes and federal agencies during his roughly one year on the job.

‘What is your true intention?’

The most heated exchange between Russell and Black arose from his questions about Parks land near Lake Havasu, slated for development as the Havasu Riviera resort.  Russell said the land was bulldozed without proper archaeological compliance.

When Russell posed questions about the site in a March 29 memo to state and federal agencies and several Native American tribes, he said Black stormed into his office and screamed at him.  “She said ‘How dare you do this? This is a $300 million project, and you could have derailed the whole thing,'” Russell said. “Then she leaned over me with a clenched fist and said, ‘What is your true intention?'”

Russell said Deputy Director Jim Keegan the next day forced him to sign an apology letter to those agencies and tribes and retract his concerns. The terse, four-paragraphletter, which Russell said he did not write, states he had not “exhausted all of my internal resources in researching the background on the project” and that he didn’t follow proper protocol. The statement, on Parks letterhead, refers questions to Keegan, a longtime friend of Black’s who has a felony criminal record.

The style of writing in the apology letter differs greatly from the technical writings of Russell in hundreds of other documents he provided to The Republic. Russell said Keegan wouldn’t let him leave the building to pick up his children until he signed the letter, and he was afraid Black would fire him. Russell said he signed it after insisting that some of the grammar be corrected.  In retrospect, Russell said he’s embarrassed he signed the letter. “I never should have allowed that to happen,” he said. Keegan, when reached Thursday on his personal cellphone, referred questions to Thompson, the agency spokeswoman. She declined to comment.

Rapid turnover continues at Parks

Russell became the 36th full-time employee to leave the agency this year. The agency has 179 employees; 118 have quit or been fired since Ducey appointed Black in February 2015, according to public records obtained by The Republic. After The Republic requested comment regarding Russell’s claims the Governor’s Office said in a statement Wednesday that the allegations are “under review.”

“This administration cares deeply about protecting and preserving Arizona’s history and we expect our agencies to conduct their operations accordingly. We’ve also placed priority on forging strong relationships with Arizona tribes and the Native American community at all levels of state government,” said Daniel Ruiz, a spokesman for Ducey. Black has during her tenure faced numerous allegations of inappropriate and disrespectful behavior, including berating employees in front of other staff, disclosing confidential information, using racial slurs, getting drunk and belligerent while representing the agency at conferences, and trying to circumvent the state procurement code.

The allegations have led to three investigations, but Black has faced no discipline other than to have one of Ducey’s top administrators counsel her on how to treat employees.  Russell, 46, is the first former employee to publicly accuse Black of ignoring state and federal laws to boost revenue at Parks and has released documents to support his claims. He provided The Republic with hundreds of records, including some that were redacted. He said some of the issues arose before he started working at Parks in June 2017.

‘She doesn’t think compliance laws apply to her’

Despite a stream of controversies at Parks, Duceyhas continued to stand behind Black, praising her efforts to raise revenue at the agency and citing her winning a national award even as she has faced investigations of allegations that she has mistreating staff.  Ducey gave her a raise of more than 9 percent in November 2016, bringing her annual pay to $175,000. Black’s predecessor was paid $136,000 annually. The agency has distributed several photos of a smiling Ducey with Black, who is holding the award recognizing the nation’s best-run state parks program.  Ducey’s campaign spokesman, Daniel Scarpinato, declined to answer questions about the latest allegations against Black.

After leaving Parks this month, Russell, who studied anthropology at Arizona State University, where he earned his Ph.D. in 2016, was hired to do similar work for the state Department of Transportation. “All Sue Black cares about is her image and making money,” Russell said. “She doesn’t think compliance laws apply to her. She doesn’t think she needs permits to excavate or to do (archaeological) surveys. And she sees no point in collaborating with tribes.” Russell also questioned why Ducey keeps Black in her job in the face of yet another investigation into her treatment of staff. He said Black continually berated employees, including him. “She calls herself the Teflon director. She think she’s above the law. And thus far, she’s right,” he said. “Nothing sticks on her. The hubris is unreal.”

Reach the reporter at craig.harris@arizonarepublic.com or 602-444-8478 or on Twitter @charrisazrep.