The Uncivil Service (Chapter 3)
By gferren, New West Unfiltered 1-07-08
Originally a personal web site my BLM postings started in 1998 with the OHV issue (drafts) and many of the postings in this listing for (2000) below were posted in 1999. The web page(s) started on www.mcn.net, later moved to www.earthlink.net, then to www.blackfoot.net and to www.150m.com where I continue to post information in 2008 on Interior and BLM.
[The web site has been used to reveal prohibited personnel actions, a flawed EA related to oil and gas development in SE Montana, funds diversions from congressional mandates, acts of discrimination and management directives promoting discrimination, the low rating by BLM employees of their managers, etc. These and more, feel free to review the web site.]
[click these links... WhistleBlower 2000 WhistleBlower 2001 WhistleBlower 2002 WhistleBlower 2003 WhistleBlower 2004 WhistleBlower 2005 WhistleBlower 2006…these links soon to be joined by WhistleBlower 2007 as the tidbits.html file continues (as the base file) with reporting for 2008 …http://gferren.150m.com/tidbits.html]
Here are some excerpts from the Inside the BLM WhistleBlower Web site;
Look for more "tidbits"; until the BLM puts its' Montana Dakotas house in order, revealing bits of information will continue to become public knowledge.
Somebody once mentioned "disgruntled" employee...If you've read anything on this web site, you know better, I worked for the public and I remembered the people that paid my salary every time I got a paycheck,
I just happened to take a public stand against Bad Management practices in the Montana Dakotas BLM (and got put in my place...)
It's really good to see all the traffic to my web page:
*News on the 2000 Employee Survey - see below*
** GAO - BLM Land Exchange program - Montana May 8th (see this one!)
** "Diversity" - All employees meeting MCFO - Monday May 15th (see this!!!)
How does the spending of approx. $12,000 in weeds funds for a laptop computer and projector by the Miles City BLM office to be used for management PowerPoint presentations kill weeds ??
Is it a good business practice for the Miles City BLM office to purchase computers and licensed GIS software for summer-hire coop students to take back to college with them ??
BLM Montana has a budget of $1,000,000 for vehicle costs in the current (fy2000) fiscal year, these are fees paid to the GSA for a monthly use charge and mileage.
Why has the Montana Dakotas BLM been reported to both the SPA and SIIA for copyright software licensing violations ?? (Miles City Field Office and Montana State Office) ...because they were installing more computer software than they had legal copies of
The 1998 BLM Employee Survey results for Montana gave management an 18% favorable rating - What is being done to resolve the problems in management/employee relations in the Montana Dakotas BLM offices ??
How do you feel about the "float trips" taken by the Montana BLM's State Management Team and State Office Personnel staffs in 1999 ...for "team building" ??
Merit System violation ?
If the purpose of 2-tier was to make the Montana Dakotas BLM more efficient, could the purpose behind "zoning" have been to allow the Butte Field Office manager and the Butte Administrative Officer (his wife) to work out of the same office by putting the *DSD Support Services, MSO, in place as the Butte AO's supervisor (posted 12/99)
Gavin Frost - Field Solicitors office (the attorney used by BLM in EEO cases) could this be the same attorney, Gavin Frost, that was arrested in Cody, WY about a year and a half ago for assaulting a bartender, trashing a bar and a hotel room, and for mooning people that night ;>) (posted 12/99)
Ethics violation ?
Seems we may have an ethics violation in the MCFO. Is it an ethics violation for a F.O. Mgr. to personally approve a (LMA) grazing agreement for his Secretary ? After that same Secretary and husband have grazed on Federal land for (2) years without an (LMA) agreement in place ? (posted 12/99)
Here's what I have, so far, on the 2000 Employee Survey - yes, the one Senator Burns questioned both Babbitt and Fry about at our request...
(Employee) Satisfaction with management/managers dropped from 18% to 15%
Satisfaction with IRM dropped, I hear by >25% (posted 4/04/2000)
Here's a heads-up for you Matt Millenbach, Montana Congressmen, etc: the GAO is looking into the BLM land exchange program nationally, and in three states in particular. One of them is MT.
While the audit team is in Montana, the week of May 8th, they may want to visit Miles City. Miles City Field Office has been given well over $400k, and the state has been given over $700k, for the Crow Boundary Settlement Act (107th Meridian) work, but most of the funding has been diverted to the Alluvial Valley Floor, and Otter Creek Coal Tract, archeology, and other work.
This is not really a new thing, the 107th funding has been raped by the Montana State Office and the Field Office for years...
Here's an example - targeted land for exchange, under Phase II of the exchange,was in the Big Dry RA, but the Big Dry got almost no funding...it all went to Powder River RA.
The Montana State Office also skimmed off a lot of 107th funding for other "projects".
Gavin Frost (see above) tells me a career is worth (MSPB) $5 to $10k and a "neutral" slant on my personnel file, also pointedly said he ain't representing you Matt M. ;)
Gee, I am seriously flattered - when an all employee meeting is called to discuss my web page ;>)
Diversity Training. Mandatory for ALL FO employees. Monday, May 8, 2000.
Presented by: Mauricio Velasquez, contracted trainer
*I believe MCFO was only FO to get this intensive course.*
Velasquez kicked off the session with a discussion of MCFO employees giving information to a "disgruntled employee" who was putting it on his website.(Mauricio, Mauricio - at least look at the web page before you start labeling people ;) Can you say "paranoid and desperate actions being taken by MCFO mgmt" ...I know you can ;)
He stated that the information on this web page was harmful to the organization. WO was looking at it closely. (I sure hope they are, I've been pointing 'em to the web page for months) Apparently, the "disgruntled employee" was getting the information from a "mole" in the FO, and that was bad. (I guess they've given up on "back doors" into the computer system ;)
Velasquez reassured the employees by telling them they should know they have "good Managers" who are doing the right thing for the FO, and such actions would get the "mole" in trouble. Information on the website was seemingly meant to bring down the whole organization, and could be very damaging. (The revelations are true, the organization needs to be purged of the managers who are really the problem, not the employee(s)) *(when the problems in the Montana Dakotas BLM are fixed, the web page will reflect the positive changes and give credit where due)
Looks like certain managers are getting really defensive and apprehensive, about their activities being put out for everyone to see. And these managers want to know who the "mole" is.
Attendees at the Diversity training were warned that any disclosure of any information discussed at the session would be like a breach of a contract...a contract to keep the information confidential. If discovered, the offending attendee would be subject to some vague disciplinary action. (Sounds a bit like cold war Russia might, right - you guys were just told to shutup and be good comrades, or else)
Dave Breisch, way to go Dave B., then questioned whether or not Velasquez had even seen the website. Velasquez indicated he had not, but that he'd been "briefed" on it...we can guess by whom. *I wish someone would have asked Velasquez if he'd seen the 2000 Employee Survey results for MT!!
The word in the SO is that Janet Singer was denied the opportunity to upgrade one of her staff. The position that Janet Singer proposed, a Management Analyst, has been turned down.
Too bad, but maybe things have changed and Janet Singer may not always get her way from now on. Besides, it's illegal to create a position and try to fix it so that one of your buddies gets it.
Position management to Murphy, Seidlitz, and Christensen, just like Singer, means how to manipulate the classification and recruitment processes to reward those who make them feel good about themselves. (posted 05/21/2000)
*Here's another tidbit on Funds diversion:
Welfare to Work: It should be in the PMC notes somewhere - in late 1997 or early 1998, Janet Singer stated that all phones that rang to an Office would be covered by a live person - remember? There was a big to do about the Miles City Minerals receptionist position. About that time Lori Wittenhagen/Harbaugh was selected as the MCFO Ranger which left the Field Office without a Receptionist. (Tim Murphy requested to fill the position but it was turned down. )
Around that time the W2W (welfare to work) thing was a big deal - so MCFO hired a real welfare person - but she didn't show up except for one week. She was terminated. Then MCFO went out again and hired the current receptionist - who is not a welfare case (but Personnel approved the action!).
Bonnie worked at the Minerals Office for approx. one month - then Tim Murphy and Aden Seidlitz moved her to Field Office saying that she was getting experience and just filling in. (She's still there.)
This was all done by Tim, Aden, Diane Friez and Janet Singer. The W2W funds were from the WO for the first year - the fund source now (?) But those funds were appropriated for the Minerals position.
Another incident, Tim and Aden strong-armed Bill Volk in 1998 about using Range Improvement funds - They needed a new cement pad at the airport in Jordan for fire. There was not money set aside in the fire budget so they were going to show that using RI funds was actually okay because fire is in a way RI (? ) Bill did not agree, but said the choice was Tim's. (posted 05/28/2000)
$14.6 Billion for fiscal year budget 2001, Department of the Interior (keep this in mind next time you hear about proposed user fees to access your public lands)
A former BLM'er from the West side will have an article published in Range Magazine, I recommend you read this article Range Magazine it must be good - I hear someone at MSO called the magazine editor and personally gave several reasons why the article should not be printed...some of those reasons included comments regarding the character of the author. Seems the editor was so impressed - she increased the size of the article ;>)
I find the concerns regarding the division of support services and the pending reorganization of support services to be most interesting...
During the time that I was being detailed from my job and charged with allowing a couple of kids to use government equipment to access the Internet the Butte Field Office was not only allowing this use of government equipment to access the Internet, but the FO manager condoned this use. (posted 07/17/2000)
News this week concerns the BLM Land Exchange program, *a month or so back we reported the GAO's interest in Montana's Land Exchange program and some funds diversions associated with that program here in Montana...**The GAO is esp. interested in the BLM program in Montana and CA. (posted 07/23/2000)
**I did hear that the employee survey results have been further broken out, and that the SO did worse that all of the FOs ;>)
I have a correction to a previous tidbit...regarding a former employee's article to Range Magazine (see tidbit above): I have now found that the person who made the call was Trudy Olson from MSO Public Affairs department, who called the editor to try and head off the article by this former BLM employee. Ms. Olson even offered to help write the article herself, just to get the article's "facts" correct. She said the author was a former "disgruntled" employee, a Viet Nam Vet with lots of guns, and who had an axe to grind with the agency... Who does Trudy Olson work for ?? and who brought Ms TO into the loop (Scott Powers ?)
Seems only a couple of years ago that some folks died in a fire BLM - MCFO, near Rose Bud, Montana; I hear a "situation" occurred on one of the Broadus area fires this past week... Will there be a "real" investigation (?) of the flap at Ft. Howe, the fire over ran the crew, and there were no preparations, even though some of the firefighters urged a fireline and other precautions. Phil Gill didn't do it, and when the fire blewup, he was in Ashland eating. Not much has been made (public) about this incident...*The MCFO manager was on leave the week this occurred.
Montana BLM settled (EEO complaint) recently with the former Miles City FO Administrative Officer… (posted 07/31/2000)
MCFO: Managers in absence this week, to attend yet another hearing; re: employee/management dispute(s)*but this is the same office that will let a hearing go to the Office of Hearings and Appeals (OHA), over a charge of being (30) minutes late on a Flex time schedule ;>)
Dale Tribby and L. don't get along, and when Dale ordered L. to move, she declined and he flipped. Aden Seidlitz then marched L. to the door, informing L. that she was on admin leave and that she would move, and then proceeded to move her work area. (posted 08/16/2000)
In deference to a personal request from Gavin Frost, who states that the Gazette articles were "erroneous and sensationalized", I will contact the Gazette reporter for a retraction statement; knowing how a few people can misrepresent character (my personal experience with BLM be noted), I'll give him the benefit of the doubt on this web site; but I think Gavin and I will agree to disagree on career choices, It's my belief that leaving your own judgement and personal beliefs regarding what is right and what is wrong "at the door" of any job is a contributor to the problems we see within the BLM for example...it is "just a job" as Gavin stated and "not personal" (how can it not be personal ? when real people and their families are involved ?)...if you with free will chose to be part of something that is wrong, doesn't that make you wrong also ? (posted 08/18/2000)
I've always wondered how Fire could be over budget to the tune of say $100,000 (MCFO - 1998), then money magically appear to cover the deficient (posted 08/23/2000)
Per the DSD, Janet Singer, Support Services, this revelation -- No movement of employees from the State Office level to Field Office level occurred as a result of "two-tier" ...that's a big (NOT) surprise.
Sorry Gavin, (2) emails to the editor of the Billings Gazette and still no reply or retraction of the Gazette articles. (posted 09/11/2000, appended 09/13-14,2000)
Interior Department Fiscal 2001 $18.8 Billion
As one MCFO manager puts it..."if the 5% of bad employees were removed, there would be no problems...", this made in reference to the 1998 & 2000 Employee Survey results. I'd have to agree Aden Seidlitz, but those "bad employees" appear to be managers and I believe I've identified several of those on this web site ;>) (posted 10/16/2000)
First, the former MCFO purchasing agent. It might be interesting to some to learn that when she was selected for the purchasing agent job, it was the District Manager overruling BOTH the selection panel and the selecting officer. She was not in the top three candidates, and, in fact, another person was selected for the job. *Janet E. was overruled by the DM, Tim Murphy.
Second, Linda Reder, now acting AO for MCFO, but this was predictable...But, maybe an audit looking for an inappropriate purchase of around $1300.00 would turn up something "interesting" in this DM/employee relationship. (Posted 10/27/2000)
MCFO manager (Tim Murphy) goes to Boise --
"I have accepted the position of Deputy Director at the National Office of Fire and Aviation..." Larry Hamilton, former Montana State Director, "In the wake of this years' (fire) season more than ever we need to establish fires' role in natural resource management Tim has the qualifications to help with that responsibility." (Posted 10/29/2000 updated 10/31/2000)
On the subject of methane gas exploration permitting (see entry above) my sources indicate an internal "rumor" regarding the EA and an analysis report showing toxic chemical(s) level(s) beyond the acceptable limit(s)...This analysis was thrown out because it would have been a drop-dead scenario for the EA...a result with a lower level of the chemical(s) was substituted for the analysis with the higher level(s). (Posted 11/11/2000)
[I reported this information on the EA to the Northern Plains Resource Council
http://www.northernplains.org/]
Just to clarify, recently a former BLM associate mentioned that he had heard that I was working for MicroSoft these days. The fact of the matter is that I have been drawing unemployment compensation since the 1st of August, and even had to tap my retirement "benefits" to prevent the 16th Judicial Court from circumventing MCA ...
BLM MONTANA DAKOTAS …THE YEAR IN REVIEW…2000
This is the first annual report on the Internal actions occurring within the Montana Dakotas Bureau of Land Management.
This report is not intended to denigrate the many hard working public employees that make the BLM succeed in Montana, in spite of it's problems with bad management and inept managers.
Following this index (see http://www.blackfoot.net/~gferren/tidbits.html for more details) of events there will be an awards section for the good, and the not-so-good employees we've observed, esp. over this past year (2000) and in previous years (1998-99).
Due to the potential for reprisal, many employees that deserve recognition for their hard work and efforts to change business-as-usual procedures and for their efforts to make public the mismanagement activities of certain BLM management level staff; these employees will go unrecognized and unidentified in this report, but are not unappreciated.
To those employees: Watch your backs and never give up.
The Year in Review:
First: As reported *beginning approx. May of 1999:
BLM State Director (Hamilton)/ wife gets top Forest Service position near Hamilton retirement home in Jackson Hole, WY.
We asked the question (and never got the answer) How much did the new BLM office in Billings actually cost ? (cost overruns and contractor issues)
We reported on funds diversions from the weeds account (laptop computer ($5000) and computer projector ($7,000) used by MCFO management for Power Point presentations) and the purchase of a computer and GIS software for a College coop student
We reported on the Software Licensing violations occurring (particularly at MSO) *this was fixed by the purchase of new computer equip and software based on the "potential" Y2K problems and that funding program
We reported on the "team building" float trips taken by Hamilton and the SMT and by the MSO Personnel staff.
Reports : (more detail available by viewing the tidbits.html and tidbig.html files)
Merit System end-run (2tier/zoning) MSO & Butte Field Office 12/99
Gavin Frost - Cody drunken bar incident & altercation 12/99
MCFO Ethics violation (grazing leases) 1/4/2000
MSO IRM (Stoebe) & a Proposed Removal 1/6/2000
Singer/Watts connection 1/2000
Chivers (EEOC investigator)/Singer relationship 2/2000
Hamilton/Williams "deal" involving Billings Field Office 2/2000
IRM working environment 2/2000
Prediction of Hamilton's departure from Montana BLM 2/15/2000
White-washed EEOC (WO) team visit to Montana Dakotas BLM 2/28/2000
Prediction of Hamilton's replacement (Mat Millenbach) 3/5/2000
Official announcement of Hamilton's replacement (Mat Millenbach) 3/15/2000
Report of another "proposed removal" at MCFO 3/31/2000
(calmer heads prevailed and this employee was not removed)
Report advance stats on the BLM Montana 2000 Employee Survey Results 4/4/2000
Report on hiring practices 4/16/2000
Report "rumor" that MCFO manager Murphy will be going to NIFC 4/23/2000
Report GAO investigation of BLM Land Exchange Program, report funds diversions (MCFO) from that program 4/30/2000
NIFC Diversity = reverse discrimination (Hamilton hand-picked to replace Rosenkrance who opposed promotion based solely on gender and nationality) 5/3/2000
MCFO "Diversity" training (all employees), my web page and "moles" 5/15/2000
More on MCFO hiring practices 5/18/2000
MSO hiring practices, MCFO positions 5/21/2000
MCFO Welfare to Work (funds diversion), range improvement funds diversion 5/28/2000
MCFO employee goes to OHA, more 2000 Employee Survey issues 6/4/2000
2000 Employee Survey issues, meetings 6/10/2000
Report of surveillance of MCFO employees 6/17/2000
MSO attacks former BLM'er (re: Range Magazine Article) 7/11/2000
Reorganization of MSO Support Services, Butte FO employees (family use) of government computers/Internet access 7/17/2000
More on GAO investigation of Montana Dakotas BLM's Land Exchange Program 7/23/2000
Questioning of Secretary of the Interior Babbitt by Montana Congressman Burns re: Montana BLM's poor showing in the survey results and employee concerns, MCFO hiring practices, more on MSO PA's attack on former BLM'er (Range Magazine article), fire "incident" regarding Ft. Howes fire 7/31/2000
Prediction of investigation into fire funds diversions 8/9/2000
MCFO personnel policy and incident 8/16/2000
Report of the official investigation into fire funds diversions (Congressman Hill) 8/23/2000
Report efforts underway to investigate Forest Service backburns that destroy (10) homes on West side 9/6/2000
Link to BIA WhistleBlower article (Mona Infield) 9/2000
2-Tier revelation -- "no movement of employees occurred from State office level to Field Office level during 2-tier program implementation, Interior gets "F" for failing hacker tests on systems 9/11/2000
MCFO "Gestapo tactics", MCFO hiring practices (AO position) 9/23/2000
MCFO hiring practices (pre non-selection (AO position)) 10/01/2000
Personnel issues (MCFO) 10/10/2000
MCFO managers position re: 2000 Employee Survey Results ("get rid of the 5% of bad employees and there would be no problems") 10/16/2000
Hamilton (NIFC) re: budget increases "there really is a Santa…" 10/21/2000
Safety, bad management (MSO Support Services), MCFO purchasing agent (hiring practices), Purchasing irregularities (FO mgrs. staff) 10/27/2000
Link to article on John Berry (Quality of Workplace) 10/2000
Confirmation of move of MCFO manager to NIFC (Hamilton/Murphy relationship), Tom Fry (BLM Director) bails 10/29/2000
Permitting of methane gas exploratory drilling 11/06/2000
More on methane gas drilling (EA) 11/11/2000
MCFO mgmt hiring practices (NEPA coordinator position) 11/29/2000
OHV (BLM) satellite broadcast schedule (see also ohv.html & lte.html) 12/11/2000
Party (special invitation only) for MCFO mgr. 12/16/2000
Year in Review 12/18/2000
Posted for public review in 2000; the 1998 BLM Employee Survey Results for Montana and the 2000 BLM Employee Survey Results for Montana (http://www.mcn.net/~gferren/news.html)
2000 Awards
Janet Edmonds - Award - Employee of the Year
Janet Edmonds, as Administrative Officer of the BLM Miles City Field Office, GS-12, could often be seen filling in for her GS-5 co-workers by working as the office receptionist and assisting customers, and she often performed work (such as the voice mail system maintenance) that was the responsibility of the BLM Montana State Office.
In my first years at the BLM Miles City office as computer assistant, I went to Janet and requested computer training, training that was opposed by the Computer Specialist at the time as being "unnecessary" -- when I offered to pay for the training out-of-pocket, Janet made sure that I was allowed to attend the training.
Janet Edmonds as a supervisor and manager is a role model that (all) the Montana BLM management staff should emulate.
Larry Hamilton - The Award - Best Dressed
Larry Hamilton, as BLM Montana State Director is noted for promoting the Department of the Interior's "Diversity" program (Reverse Discrimination) and for *Dressing - For - Success. Notable remark by Hamilton (re: 2001 Budget Increases) "There is a Santa Clause…" [*You don't have to do anything, you just have to look good while not doing anything.]
Tim Murphy - The Award - Most Likely to Succeed
Tim Murphy as the BLM Miles City Field Office manager shows us that as a BLM manager you can achieve nothing notable and completely disrupt an office -- with the end result being a promotion.
Janet Singer - The Award - Glass Ceiling Breaker & Grinch
Janet Singer as Montana BLM Deputy State Director, Support Services, achieves this award for devious reprisal, for her involvement in discrimination actions against men in the Montana Dakotas BLM, and for her efforts to promote women, regardless of qualification, in the Montana Dakotas BLM. In her own words, re: the timing of her removal of an employee from his job just days before Christmas -- "that (timing) was unfortunate".
Tom Lonnie - The Award - MSO Team Player
Tom Lonnie, by example, has shown that it's not what you know, but who you know (and support), also takes the 2nd place Award for *Dressed - For - Success
Aden Seidlitz - The Award - Best Supporting Actor in a FO Management
(See Tim Murphy above)
Diane Friez - The Award - MSO Team Player and GC Breaker
(See Janet Singer above)
Chuck Sandau - The Award - Best Supporting Actor in a Personnel Office
(See Diane Friez above, Gavin Frost below)
Gavin Frost - The Award - ITS JUST A JOB (IJAJ)
For outstanding performance in ignoring ethics and personal honor, with the goal of winning at all costs, Gavin often succeeds in achieving "victory" by "winning" *Tied for Most Useless Existence with R. Stoebe below
Sara Romero Minkoff - The Award - Best Supporting Actress in an EEO Office
(See Janet Singer above)
Robin Stoebe - The Award - MSO Team Player and IRM *Lead
When the going gets tough, Robin will be (somewhere else) *Tied for Most Useless Existence with Gavin Frost above
John Moorhouse - The Award - MSO Team Player
(See Tom Lonnie above)
Rick Hotaling - The Award - We Deliver & MSO Team Player
(See Janet Singer above) and for participation in the Administrative Review Team; participation that earned a promotion to Butte Field Office Manager
Sandy Powell - The Award - We Deliver
(See Hotaling above)
Ruth Welch - The Award - We Deliver
(See Hotaling above)
James Kasic (MSPB) - The Award - Most Incompetent in an AJ (MSPB)
(Someone said "nexus", he thought they said "Lexus")
Bernard Steinberg (EEOC) - The Award - Most Incompetent in an AJ (EEOC)
(awarded in part for his efforts in the (2) year, (700) case Denver EEOC backlog)
Deb Chivers (EEOC)- The Award - We Deliver
(See Janet Singer above) …or the investigation is not finished until your friend and former co-worker writes the report.
Tom Fry - The Award - Most Forgettable
For dealing with the Montana BLM 1998 and 2000 Employee Survey Results, But he didn't - did he ;>) [he resigned…]
*There are some minor players that didn't make this awards section.
Two suggestions for making this Not-So-Good Awards section (everything below the Award for Janet Edmonds) less "crowded";
Dissolve the Montana State Office of the BLM and move it's employees into real working positions in the Field Offices and (employees) Unionize the Montana Dakotas BLM.
Until the Next Year in Review…
THE YEAR IN REVIEW 2000 - MILES CITY
16TH JUDICIAL DISTRICT JUDICIAL STANDARDS COMMISSION
COMMISSION ON PRACTICE
YOUTH PLACEMENT COMMITTEE
MONTANA FISH WILDLIFE & PARKS
Welcome to the Year in Review 2000, this article will summarize events of note in both State and Local matters regarding the subjects above.
This subject matter information can be viewed in more detail at http://www.mcn.net/~gferren/mcinfo.html and http://www.mcn.net/~gferren/recnews.html
*You may also wish to review the Year in Review - Inside the Montana BLM.
Miles City - 16th Judicial District Court, Judge Gary L. Day
Background: Gary L. Day, political appointment by Gov. Raccicot, elected 2000 running against no opposing candidate
I enjoyed Judge Day's brand of Justice in a matter involving my youngest son, beginning a couple of years ago. Despite hours of professional mental health testimony at that hearing, my son was sentenced to the Pine Hills Youth Correctional Facility in his first appearance before Judge Day.
About a year and a half later, my son and several other teenagers committed another crime after mixing prescription medications with alcohol and marijuana. In an attempt to identify all the participants in this incident, I supplied information about this incident to the court appointed attorney. (Thornton) Ms Thornton had been ostracized from youth court cases after representing my son in his first appearance before Judge Day, during that representation Ms Thornton went out on a limb and openly opposed the Courts manner of dealing with youth(s) in need. Needless to say, she was not interested in losing business again. (Court appointed juvenile cases). When I supplied Ms Thornton with this information on additional participants in the crime and asked for an investigation to determine the other youth(s) involved, she used this as an excuse to plead that I was interfering with her representation of my son. I filed a complaint with the Commission on Practice against Ms Thornton for not following the Client Bill of Rights in zealously representing her client, this prior to Thornton's action before Judge Day to be removed as the boys appointed lawyer. Judge Day decided that I was in Contempt of Court for my filing of this complaint, he also initially decided that Ms Thornton should remain as the boys attorney, but later allowed Ms Thornton's withdrawal and replaced her with Terry Hanson.
I was really impressed with the wisdom behind such statements by Judge Day as: "You have no rights as far as your son is concerned, except to pay for his lawyer if you choose or are able." [*Remember the boy is still a juvenile.]
In any event, the 16th Judicial Court then proceeded to do an end run on Montana Code Annotated (MCA) which gives specific requirements for youth crime that will place a youth in the District Court (Adult Correctional system). Since there were restitution payments to be made, the court moved the boy into the Adult Correctional system (District court), opening the doors to further abuses of our legal system of crime and punishment.
Some (4) to (6) weeks before my son's 18th birthday, I accessed the available retirement funds from my former Government employment and paid the remaining owed restitution.
I also informed Judge Day at this time with a letter and copy of the restitution receipt that the restitution had been paid. Upon the date of my son's release from Pine Hills, 18th birthday, Judge Day had still not rescinded the movement of my son's case to District Court.
Correctional System employees in the Adult Parole division were going to "just sign him in temporarily until the Judge makes a decision". Envisioning the possibility of Deer Lodge, etc. placement while Judge Day took his sweet time to deal with the mess the 16th Judicial District had made and in consideration of statements by a Miles City probation staff member on the order of "we're going to fit that square peg into a round hole…"; my son took a "vacation" to another state in the interim. I picked Josh up at Pine Hills upon his release, and then I gave him some money and my car and sent him to a safe place out of state.
About a week after my son's release from Pine Hills, and after (3) contacts with his previously appointed attorney to prod for resolution of the matter, Day's court backdated an Order, recending the previous Order to move the boy to District Court. (Backdated to my son's birthday, which was his release date from Pine Hills).
What I learned from this experience follows:
1. Judge Day will take liberties with the law (MCA)
2. Pine Hills Youth Placement Correctional Facility is big business for a small town
3. Neither the Commission on Practice (lawyers) nor the Judicial Standards Commission (judges); resources supposedly for the review of malpractice and misdeeds by lawyers and judges, will be of much use if you attempt to hold either a judge or a lawyer responsible for their actions.
JUDICIAL STANDARDS COMMISSION
The Majority of this Commissions membership is composed of Montana Judges, with a couple of appointed "non-Judges". This Commission needs to be a citizens group, As foxes never will guard the hen house in quite in the way we'd like ;>)
COMMISSION ON PRACTICE
I went before this entity whose purpose is to prevent misconduct by members of the legal profession, in two incidents where legal representation was seriously sub-standard, failing to meet the Client Bill of Rights; again this is a Commission composed primarily of lawyers reviewing the actions of fellow lawyers, the results were as you would suspect.
The Commission on Practice and the Judicial Standards Commission are those types of "feel good" organizations that you are glad exist, until you find out first hand that they are actually useless.
YOUTH PLACEMENT COMMITTEE
I identified this "committee's" existence a couple of years ago. This committee makes recommendations for placement in facilities such as Pine Hills.
I was quite surprised to find that people with little or no actual firsthand knowledge of the respective "youth" in our community, and for the most part no professional qualifications or skills that would qualify them to render judgements/recommendations regarding the welfare and future of juveniles were doing just that, and being utilized in this "role" by the Juvenile Probation & Parole division of the Montana correctional system.
MONTANA FISH WILDLIFE & PARKS
I have over the past couple of years provided a distribution point (Internet Web Page) for information regarding OHV (OFF HighWay Vehicle) public land access issues, PL/PW (Private Lands/Public Wildlife) Advisory Committee information, and for the BMWG (Block Management Working Group) activities and meeting results.
This is information I have gleaned from participation (OHV), and from information received from the Montana Fish Wildlife & Parks division, and from related News Media articles.
My intention is to serve as a resource for historical data (OHV, example) produced in these processes and actions related to those issues.
I will have to admit to my disappointment with the Montana Fish Wildlife & Parks, when they pulled the plug on the FWPtalk forum, and effectively squelched one of the rights we in this country hold dear, that being the Right of Freedom of Speech.
My inquiries into this matter to FW&P Director Graham went unanswered.
The Montana ACLU, citing limited resources, would not take on this Freedom of Speech issue.
While I do understand that the FW&P was following regulations given to it by our Montana State Legislature, the infamous "no lobbying" rule; this from that same August body that this year entertains such (Nazi rebirth) ideas as School Uniforms and attempts to defy the will of the people by making it harder for the Initiative process to make political changes in Montana. Whether the real intention of the "no lobbying" rule was to curtail Freedom of Speech or not, the end result of such legislative direction as the "no lobbying" rule work chillingly to effect this very result. And Montana Fish Wildlife and Parks' inaction to take this matter before the Legislature for correction reminds me of the old saying…"if you aren't part of the solution, you are part of the problem", by your quiet acceptance of something that you know is wrong.
When Montana sportsmen and sportswomen cannot openly discuss the issues that deal directly with and effect their activities, when their comments pointing out obvious areas needing change are taken as offensive to special interest groups (guides & outfitters for example), not only does Montana suffer but the idealism of our American Freedom takes a direct hit. We are not free if we are suppressed. The "no lobbying" rule was used to censor even such innocuous postings from the FWPtalk forum as "You should take a look at this (The Hunting Heritage Protection Act)" by defining this as "political lobbying".
In conclusion, I look forward to another year of bringing you information…of making "public" the information you need as the "public". There are some out there that believe they can attend meetings and make decisions on your behalf; that what you do not know, you will not say anything about, care about (or oppose).
[I posted to the web site in 1998, wrote some letters to the editor (Miles City Star and Billings Gazette), but really got cranked up in 2000 after the "removal" for "misconduct. Check out http://gferren.150m.com/chrono.html for more background info. circa 98-99-2000]
Next Chapter...
Chapter 4 Things I have Learned & Case Related Emails, Excerpts from Sworn EEO Investigation testimony (Report On Investigation, ROI records) [End of article]