Education

That mess at Arizona State Parks? It’s what happens when you eviscerate the Parks Board

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Source:  Editorial by Linda Valdez; Arizona Republic – November 23, 2018

Arizona’s State Parks got tangled in a big mess on Gov. Doug Ducey’s watch. But he has the tools to fix this.

  • One is the bully pulpit.
  • The other is the State Parks Board, a once-powerful body that has been reduced to lapdog status.

“When I was director, the board had authority over everything,” said Ken Travous, who served as parks director from 1986 to 2009. “I served at the pleasure of the board.” That changed. The Parks Board’s authority to hire and fire the director ended in 2012 with GOP Gov. Jan Brewer’s state personnel reform, which was designed to simplify how state employees are hired and fired. In practice, it made it easier to fire state workers. The change in Parks Board authority was included in the bill, even though Parks Board members serve without pay.

How are those reforms working out?

So how’s that change working out?

Black and former Deputy Director Jim Keegan were fired by Gov. Ducey Nov. 16, after years of allegations of mismanagement that were reported by The Republic’s Craig Harris. A criminal investigation is ongoing by Arizona Attorney General Mark Brnovich into allegations that laws protecting Native American and other archaeological sites were ignored under Black’s leadership to facilitate development at State Parks.

A strong Parks Board could’ve stopped Black

Black’s behavior has been the subject of state personnel investigations. Allegations of misbehavior by Black included showing up drunk at public functions, violating procurement rules and berating workers.

“I cannot imagine a board in my time not reacting strongly to those charges against a director,” said Bill Roe, who served on the board from 1986 to 1998, when directors answered to the board. But today’s Parks Board had no power over Black, and Ducey stood by her until she became too great of a political liability.

A strong Parks Board could have acted more decisively. And a strong board is what was intended when the Arizona State Parks system was created in 1957. With seven members appointed by the governor, it has operated effectively under administrations of both parties. It earned a reputation as an engaged board that provided oversight, reviewed budgets, scrutinized policy changes and assured that the public had a voice in the running of State Parks.

The board only met 4 times this year

But the board, which met nearly monthly before the 2012 personnel reform eviscerated it, has sharply curtailed the number of meetings in recent years. It held two meetings in 2016, four in 2017 and four so far this year. “It used to have a much more prominent role in administering the parks,” says the Sierra Club’s Sandy Bahr, who has been active in Arizona resource and environmental issues for decades. The Parks Board was a “forum for listening to the public,” a place for people to raise concerns about Parks’ management and get answers. “Now the public finds things out after the fact,” Bahr said.

In 2015, the board itself ceded more power when it gave the Parks director sole authority to hire and fire employees. Brnovich, who then served on the board, was “the lone dissenting voice” in that vote, says Ryan Anderson, spokesman for the AG’s office. Brnovich resigned from the board later that year.

They gave the director even more power

Former Parks Deputy Director Jay Ream recalls: “Brnovich warned the Parks Board not to authorize the director to hire and fire. They gave it to her and a week later I was gone … I was fired by Sue Black.” He had been been deputy director for nearly two decades.

Was is fair? Was it justified? A powerful Parks Board with its former authority would have demanded good answers. Firing a longtime employee would not have been solely up to a director. Keegan, who subsequently held Ream’s old position at Parks, was fired by Ducey along with Black amid allegations that the department expedited development by ignoring archaeological protection. The Parks Board might have prevented these problems. It would have assured public oversight before the fact – not after. Recent statutory and other changes have taken management of Arizona’s State Parks from the “community perspective to an authoritarian model,” says Travous. It hasn’t worked.

Here’s how Ducey can fix this

Ducey is in the best position to fix it.

Black’s tenure shows why change is needed, and Ducey can make the case better than anyone. After all, the problems that resulted after Brewer’s personnel reform weakened the Parks Board were not Ducey’s doing. But he saw the consequences and can provide the leadership now.

  • The governor should begin by involving the Parks Board in hiring a new Parks director.
  • He should encourage the board to have regular meetings.
  • He should drop the idea of eliminating the board, which he supported previously, and let the board know he expects members to be engaged.
  • Ducey should build on lawmakers’ understanding of the importance of a public body in land management. After all, the same law that removed the Parks Board’s authority to hire the director specifically retained that power for the Arizona Game and Fish Commission, which sets policy for the Game and Fish Department, and has long had strong support at the Legislature.
  • Ducey should work to restore the State Parks’ share of Lottery money from the Heritage Fund, which was created by voters in 1990 to provide $10 million annually each to Parks and Game and Fish. The Parks’ money was taken during the recession. Game and Fish kept its allotment.
  • Ducey can rally public support for stewardship of the state treasures and use it as leverage to move changes through the Legislature.

This is about your legacy, governor

If he does this, Ducey’s legacy as governor will include restoring a Parks’ oversight system that served the state well for decades and assured precious state resources – natural, prehistoric and historic – were wisely managed in full public view with public accountability.

The alternative?

Ducey can refuse to change course and let the next governor earn hero’s status by restoring what will be lost on his watch.

Reach Valdez at [email protected].

Arizona State Parks Suffer From Financial Neglect

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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

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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 [email protected] or 602-444-8478 or on Twitter @charrisazrep.

AZGFD Presentation Posted Online

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Source:  Arizona Game and Fish Department Press Release – October 20, 2018

The Arizona Game and Fish Department (AZGFD) has posted a presentation on its website kicking off the 2nd phase of public input for establishing and maintaining a discretionary, dedicated funding source for public awareness and education. The Arizona Game and Fish Commission recently directed the Department to analyze ideas submitted by the public: the addition of a big game bonus point option, and the potential to expand revenue sources from non-traditional customers.The public is invited to view the online presentation, then submit comments specific only to the proposals via email ([email protected]) throughout a public input period that ends Nov. 18.

AZGFD is also seeking feedback to specific questions at Answer Questions HERE regarding a big game bonus point option. This feedback will provide the Department with a preliminary glimpse of public opinion on the topic. Additional analyses and public vetting will be needed to fully assess the potential for this option. The presentation and online feedback form also are posted at https://www.azgfd.com/agency/dedicated-funding-source/.

AZGFD will present feedback on the potential options for the funding source to the Commission at its public meeting Dec. 7 in Phoenix.