fish and wildlife resources audit
TRANSCRIPT
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Commonwealth of Kentucky
OFFICE OF INSPECTOR GENERAL
FOR SHARED SERVICES
Final Report
OIGSS Case: 2013-OIG-013
Date of Report: December 6, 2013
Investigators: Alan C. Wagers, Scott Hatfield, Rodney Beck, Cristina Violet, Gerald Lang,
Kelly Lewis, and Walter Hammons
I. SCOPE AND PURPOSE OF INVESTIGATION:
The Office of Inspector General for Shared Services (hereafter OIGSS) was requested by
the Tourism, Arts and Heritage Cabinet to investigate allegations concerning the Kentucky
Department for Fish and Wildlife Resources (hereafter KDFW or department) that werecontained in an anonymous letter received by the governors office late in 2012 (EXHIBIT).
During the course of investigating the validity of those allegations, other allegations were
uncovered that were also investigated. A summary of all allegations, meritorious or not, follows
inSection I (A-D). Section I (E)lists a summary of allegations that had no merit or could not be
substantiated, and as to which no findings or recommendations were made.
Section II of this report lists all individuals that were interviewed by OIGSS and the date
or dates of the interviews. This section also includes the organizational chart for the department.
Section III of this report contains findings and recommendations concerning allegationsthat could be substantiated.
Section IV of this report contains findings or recommendations as to certain allegations
that could not be substantiated.
This report is submitted on CD only, for ease of reference, due to the number of
interviews conducted and the exhibits/references contained herein. Contained on the CD are
three folders. The folder named 2013-OIG-011 contains the report in PDF format. The folder
named Interviews with EXHIBITs contains folders bearing the name of each person
interviewed and any exhibits that were particular to a specific individual. Any individuals
interviewed in which exhibits were not used are found in the folder named INTERVIEWS
WITHOUT EXHIBITS. The third folder named Report EXHIBITS contains exhibits that
were general in nature and that might appear more than once in the final report. Additionally,
this report contains hyperlinks to interviews or exhibits (as noted in blue font) that can be clicked
on which will take the reader to the particular interview or exhibit referenced.
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OIGSS contacted Commissioner Jon GASSETT, KDFW, by telephone on September 10,
2013. At the time he was contacted, GASSETT was out-of-state at a conference. OIGSS
attempted to schedule an interview with him prior to September 20, 2013, the date his
resignation from the department was to be final, but he declined unless he could be accompanied
by counsel. OIGSS advised him that this office was conducting an administrative investigation
and not a criminal one, and that no other department employee had refused to participate.
GASSETT again declined to be interviewed, on advice of counsel. OIGSS then made no further
attempts to interview him.
A. Allegations contained in anonymous complaint that resulted in OIGSS investigation
Kentucky Department of Fish and Wildlife Resources Commissioner Jon GASSETT:
GASSETT allegedly used Kentucky Department of Fish and Wildlife Resources (herein,
KDFW) employee labor, equipment, and supplies for personal use; and used his position as
commissioner for personal benefit:
1. Instructed KDFW employees to bring KDFW equipment, including pumps andfans, to his personal residence and pump water out of his flooded crawlspace during work hours.
2. Used his position as KDFW commissioner to promote his personal businesses.3. Used KDFW equipment and boats for his personal consulting business.4. Removed KDFW decals from KDFW boats in order to utilize the boats for
personal use.
5. Directed Facilities Maintenance Branch (FMB) workshop (a.k.a. woodshop,herein, the shop) employees to construct furniture, including a cabinet, for his home using
KDFW tools and materials during work hours.
6. KDFW employees used state owned lumber and equipment to construct a deck athis residence.
7. KDFW employees installed countertops and cabinets made from KDFW lumberin his home.
8. Decorated the front porch of his personal residence with confiscated elk antlers.9. Asked KDFW employees to make repairs to his personal lawn equipment during
work hours at the shop.
10. Used a KDFW bulldozer for work on his farm in Bald Knob.
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11. Asked a KDFW employee to do free electrical work at his personal residence.12. Put a mounted black bear belonging to KDFW in his house.13. Gave special KDFW elk hunting permits to an organization with the condition
that they hire his father as their elk-hunting guide.
14. Incurred excessive travel expenses.15. Intimidated KDFW employees.16. Alienated members of the General Assembly, LRC, Governors office, legislators,
and other organizations.
17. Opposed stipend granted to officers of the KDFW Law Enforcement Division in2012.
Engineering Technical Associate III John AKERSformer supervisor at the FMB shop:
AKERS allegedly misused equipment and supplies owned by KDFW, utilized state inmate
workers and FMB employees for personal projects, and abused his authority as a KDFW
employee:
1. Stored and constructed items using confiscated antlers at the shop instead ofdestroying them as required by statute.
2. Took elk antlers from the shop when removing his personal property.3. Supervised and constructed furniture, including elk antler tables, elk antler
mirrors, elk antler coat racks, turkey calls, canes, a wine cabinet and marble countertops, using
state materials and labor for personal use by employees.
4. Repeatedly took KDFW equipment from the shop for personal use, including anair compressor, nail gun, nails, and an air hose, leaving employees without tools to do their jobs.
5. Took two dozen 4x4 treated posts from the shop for personal use.6. Made a boat for personal use using KDFW materials and tools at the shop.7. Took a boat from the shop while removing his personal property.8. Asked a KDFW employee to perform free electrical work at GASSETTs home.9. Instructed a KDFW employee to purchase a piece of frosted glass for a wine
cabinet he constructed at the shop for GASSETT.
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10. Had marble countertops delivered to and stored at the shop for GASSETT, whichmay have been installed at GASSETTs home by KDFW employees.
11. Repaired GASSETTs canoe at the shop using state time, materials, and possiblyinmate labor.
12. Took employees and KDFW fans to GASSETTs residence to help clean up aftera waterline break.
13. Took state inmate worker George EADS to work at GASSETTs residence.14. Bought lunch for inmate workers after they repaired personal items for him,
including lawn equipment, furniture, a KDFW All-Terrain Vehicle (ATV), and other equipment.
15. Took the state inmate worker George EADS to Louisville to see his wife.16. Took half of a sack of clover seed belonging to KDFW from the shop for personal
use at his farm.
17. Took department cutting harrows to use at his farm.18. Tampered with new KDFW weed eaters and placed them in a KDFW auction in
order to buy the faulty weed eaters cheaply at auction.
19. Repaired and then took a KDFW ATV.20. Rigged a Commissioners elk tag drawing to get a tag.21. Mistreated KDFW employees by accusing them of theft.
Additional allegations involving KDFW:
1. Improper transfers of funds among various department divisions at KDFW.2. Excessive amount of money, including personnel costs, spent on the construction
of a wildlife-holding pen at the Salato Wildlife Center.
3. Excessive amount of money spent by Wildlife Divisions Mussel ResearchFacility.
4. Wildlife Division employees made unnecessary purchases at the Bass Pro Shop inIndiana.
5. Unauthorized use of Pro-cards by KDFW employees.6. KDFW property improperly recorded as surplus.
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B. Allegations uncovered during OIGSS investigation
1. Free fish deliveries to individuals in violation of regulation.2. Department employees using a state-owned tractor for their personal benefit.3. Violations by commission members in reserving hunting days and duck blinds for
themselves at the Ballard Wildlife Management Area.
4. Specific allegations of ethical misconduct against KDFW commission memberJames ANGEL by the Kentucky League of Sportsmen.
5. Allegations raised by ANGEL that department employees violated KRS 150.081by attempting to interfere with his reappointment to the commission.
6. GASSETT improperly obtaining rotenone from department for his personalbenefit.
7. GASSETT improperly taking advantage of discounted Fed-Ex rates provided tostate agencies for his personal benefit.
8. GASSETT consuming alcohol to the point of intoxication at functions relating tohis employment with the department and subsequently driving while impaired.
9. Necessity of firearms possession by upper management at KDFW and level oftraining required of the Law Enforcement Division director.
10. Questionable management decision regarding conservation officers issuingalcohol intoxication citations.11. Issue regarding new radio purchases by the department.12. Improper use of funds in procuring land (Layton Register complaint).13. Prearranged agreements to rehire employees following their retirement.14. Confiscated firearms being lost by the department.
C. Summary of findings and recommendations concerning allegations that could be
substantiated
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SUMMARY OF FINDINGS-SUBSTANTIATED ALLEGATIONS
Commissioner Jon GASSETT:
1. GASSETT improperly used state resources and employees to pump out the
crawlspace under his home in the winter of 2009-2010. This violation is exacerbated byGASSETT being in a position of high authority and because of that position, he knew or should
have known that his actions were improper.
2. GASSETT improperly obtaining rotenone from the department for his personal
benefit. This violation is exacerbated by GASSETT being in a position of high authority and
because of that position, he knew or should have known that his actions were improper.
3. GASSETT improperly taking advantage of discounted FedEx rates provided to
state agencies for his personal benefit. This violation is exacerbated by GASSETT being in a
position of high authority and because of that position, he knew or should have known that his
actions were improper.
4. GASSETT improperly had state employees on state time and using a state vehicle
pick up building materials for his personal use. This violation is exacerbated by GASSETT
being in a position of high authority and because of that position, he knew or should have known
that his actions were improper.
5. GASSETT improperly worked on his personal canoe at the departments
workshop during the workday and using state-owned tools. This violation is exacerbated by
GASSETT being in a position of high authority and because of that position, he knew or should
have known that his actions were improper.
6. GASSETT carried concealed weapons while commissioner without a Carry
Concealed Deadly Weapon (CCDW) license as required byKRS 237.110.
Deputy Commissioner Benjy KINMAN:
1. KINMAN improperly sent state workers and equipment to GASSETTs home in
the winter of 2009-2010 to pump out the crawlspace under GASSETTs home. This violation is
exacerbated by KINMAN being in a position of high authority and because of that position, he
knew or should have known that his actions were improper.
2. KINMAN directed the utilization of state workers and resources to deliver free
fish to KDFW commission member Christopher GODBYs private pond in 2013 in violation of
the departments regulations. This violation is exacerbated by KINMAN being in a position of
high authority and because of that position, he knew or should have known that he was violating
the terms of the applicable regulation.
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3. KINMAN improperly directed the utilization of state workers and resources to
deliver free fish to John Bruce LEEs private pond in 2012 and 2013 in violation of the
departments regulations. This violation is exacerbated by KINMAN being in a position of high
authority and because of that position, he knew or should have known that he was violating
departmental regulations.
4. KINMAN violated KDFW policy by assisting GASSETT in obtaining rotenone
from the department, knowing that the department did not provide that chemical to the general
public. This violation is exacerbated by KINMAN being in a position of high authority and
because of that position, he knew or should have known that he was violating department policy.
Division Director Ron BROOKS, Fisheries Division (FD):
BROOKS violated KDFW policy by assisting GASSETT in obtaining rotenone from the
department, knowing that the department did not provide that chemical to the general public.
This violation is exacerbated by BROOKS being in a position of high authority and because ofthat position, he knew or should have known that he was violating department policy.
Division Director Hank PATTON, Law Enforcement Division (LED):
PATTON and AKERS improperly worked on PATTONsprivate boat at the woodshop
using state resources. This violation is exacerbated by PATTON being in a position of high
authority and because of that position, he knew or should have known that his actions were
improper.
Fish and Wildlife Program Manager Gerard BUYNAK, Fisheries Division:
BUYNAK directed the utilization of state workers and resources to deliver free fish to
retired KDFW employee Ted CROWELLs private pond in 2013 in violation of the departments
regulations. This violation is exacerbated by BUYNAK being in a position of managerial
authority and because of that position, knew or should have known that his actions were
improper.
Pfeiffer Fish Hatchery Branch Manager Steven MARPLE, Fisheries Division:
MARPLE participated in the utilization of state workers and resources to deliver free fish
to the private ponds of LEE in 2012 and 2013 and to GODBY and CROWELL in 2013 in
violation of the departments regulations. This violation is exacerbated by MARPLE being in aposition of managerial authority and because of that position, knew or should have known that
his actions were improper.
Fish and Wildlife Management Foreman Mark ROBERTS, Fisheries Division:
ROBERTS improperly participated in sending state employees and equipment to
GASSETTs home to pump out his crawl space; by more likely than not telling his employees to
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falsify their timesheets after working at GASSETTs home; by improperly sending out state
employees to deliver free fish to LEE in 2012 and 2013 and to GODBY in 2013; and by
personally and improperly delivering free fish to CROWELL in 2013. ROBERTS also engaged
in insubordinate actions by discussing the substance of his interviews at OIGSS with other
KDFW employees after being directly cautioned not to do so.
Engineering Technical Associate III John AKERS, Engineering Division:
AKERS improperly worked on personal projects during his hours of employment,
improperly utilized state resources for his personal benefit while working on personal projects at
the department during and after his regular hours of employment, improperly stored personal
items at the workshop and improperly assisted GASSETT and PATTON in performing repairs or
installation of parts on their personal boats while at the departments workshop. These violations
are exacerbated by AKERS being in a position of managerial authority at the time of the
violations and because of that position, he knew or should have known that his actions were
improper.
KDFW Commission Member Stephen GLENN:
GLENN improperly used his position of authority as a member of the KDFW
commission to have free fish delivered to LEEs private pond in 2012 and 2013.
KDFW Commission Member Christopher GODBY:
GODBY improperly used his position of authority as a member of the KDFW
commission to have free fish delivered to him in 2013.
SUMMARY OF RECOMMENDATIONS-SUBSTANTIATED ALLEGATIONS
1. The delivery of free fish to any private pond-owner by the department is a violation of
301 KAR 1:160. The regulation has been routinely ignored by the department. OIGSS
recommends that no more free fish should be delivered and that the farm-pond regulation should
be strictly followed. If the department produces excess fish that cannot be placed in a public
waterway, the department should adopt a regulation for the dissemination of the excess fish to
the general public for a reasonable fee.
2. All current KDFW commission members that may have participated in duck hunting at
the Ballard WMA improperly used their official positions to secure a privilege, not available tothe publicat large. In this regard, OIGSS finds that department employees have routinely and
historically given preferential treatment to the commission members that hunted at Ballard
WMA, by actively soliciting from the commission members the days they wished to hunt there
and providing the commission members with pre-selected duck blinds. All department
employees should be given ethics training and specifically instructed that henceforth, no
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commission member is entitled to preferential treatment. In addition, all commission members
should be directed to participate in ethics training.
3. Any use of the state-owned tractor by department employees since June 30, 2010 should
not have been authorized as there was no legitimate program in place to justify such use of the
tractor. OIGSS recommends that that the tractor not be utilized on the private property of any
KDFW employee or commission member or be loaned out to the general public.
4. Department employees have utilized the KDFW Facilities Maintenance Branch workshop
for personal projects for their personal benefit. A written policy should be adopted that forbids
any use of state-owned equipment by employees and which forbids employees from working on
private projects on state time.
5. No state inmate working at the department should be left unsupervised.
6. Although some rank-and-file department employees participated in the work atGASSETTs house and the free deliveries of fish, OIGSS finds that they had little means by
which to object to an order given to them by a supervisor, even though some of the employees
had reservations about the work they were being directed to do. There was also present the fear
of retaliation for refusal to follow a managers directive. However, following the issuance of
Advisory Opinion 13-02 from the Executive Branch Ethics Commission (EXHIBIT), all
department employees should be educated that they are henceforth put on notice that they have
an obligation to refuse to comply with orders that anyone of ordinary sense and understanding
would recognize as being contrary to the Executive Branch Code of Ethics and the need to report
such misconduct to the Ethics Commission.
7. Appropriate disciplinary action should be considered against any individual enumerated
in this report that violated department regulations or personnel laws and regulations.
8. Appropriate steps should be taken by management to insure no departmental retaliation
be taken against any employee that was interviewed by OIGSS or who might have cooperated
with OIGSS.
D. Summary of findings or recommendations as to certain allegations that could not be
substantiated.
1. Complaint against ANGEL brought by League of KentuckySportsmen
a. Angel is alleged to have used his position of authority to improperly
obtain grass seed from the department; to have improperly reserved a section of the Ballard
WMA for his personal benefit during duck-hunting season in 2012; to have attempted to use his
position of authority to keep from being cited by a KDFW conservation officer in December
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2012; to have attempted to have others improperly seek dismissal of the citation by the
department; and to have improperly submitted anonymous allegations against the department.
OIGSS finds that these complaints have either no merit or that there is insufficient proof to
warrant a specific finding.
b. OIGSS does recommend that henceforth, no commission member be givenany preferential treatment when it comes to hunting at Ballard WMA or any other location.
c. OIGSS recommends that all department employees and all commission
members receive appropriate ethics training.
2. Necessity of handgun possession by upper management of KDFW and
insufficient level of training required of the Law Enforcement Division director
a. During the investigation, questions were raised as to why GASSETT,
KINMAN, and PATTON either carried or possessed state-issued handguns. OIGSS determined
that GASSETT was issued firearms but had no Conceal Deadly Weapon license in violation of
KRS 237.110. KINMAN was issued a firearm but did not use it and had it stored at his home
and PATTON was authorized to carry a concealed weapon by virtue ofKRS 527.020(3).
b. The level of training required of the Law Enforcement Division (LED)
director (PATTON) also came into question. It appears that pursuant to KRS 150.090(2),
PATTON could have certain police powers granted to him by virtue of a statutory appointment
but not possess the same degree of training as the conservation officers he supervises.
c. OIGSS recommends that KINMAN return the handgun in his possession
to KDFW.
d. OIGSS recommends that consideration be given to requiring the LED
director to meet the same training requirements as the conservation officers he supervises.
E. Summary of allegations that had no merit or could not be substantiated
1. The only allegations against GASSETT that had merit are set forth in Section III
of this report. After interviewing department employees, OIGSS cannot find that sufficient and
credible evidence exists to substantiate the remaining allegations.
2. Any allegations concerning GASSETTs outside business interests were notexamined by OIGSS because those issues had previously been addressed in GASSETTs favor
by the Executive Branch Ethics Commission in advisory opinions issued in 2007 and 2009.
3. Some interviewees expressed concern that GASSETT abused the departments
budget process by transferring funds from one division to another. However, OIGSS cannot
determine that any statute, regulation or policy may have been violated by any such budget
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transfers. It appears that GASSETT had the discretion as commissioner to make any adjustments
to KDFWs budget that he deemed necessary.
4. Allegations have been made that GASSETTs travel expenditures were excessive.
OIGSS does not have sufficient personnel with auditing experience to perform the level of audit
review necessary to determine whether GASSETTs travel expenses were excessive. Further,
OIGSS notes that GASSETTs travel expenses were ratified by the commission members,
according to the interview comments some of the commission members made to OIGSS. If
questions linger about the validity of GASSETTs travel expenditures, OIGSS would
recommend that the Auditor of Public Accounts (APA) be asked to perform a detailed audit.
5. Various specific allegations were made against AKERS as recounted inSection I
(A)of this report. The only allegations against AKERS that had merit are set forth inSection III
of this report. After interviewing department employees, OIGSS cannot find that sufficient and
credible evidence exists to substantiate the remaining allegations.
6. OIGSS cannot conclude that department employees violated KRS 150.081by
attempting to interfere with ANGELs reappointment to the commission. While certain facts
exist that could be woven together to attempt to produce a circumstantial case to that effect, there
is insufficient evidence that would permit OIGSS to make a concrete finding.
7. The statements of Conservation Officer Major Larry ESTES, LED, and
Conservation Officer Major Joseph CARRIER, LED, suggest that GASSETT was observed at
department-related functions consuming alcohol to the point of intoxication and perhaps
operating a motor vehicle while impaired. However, GASSETT was never arrested for DUI, soOIGSS cannot find that GASSETT operated a motor vehicle under the influence after leaving a
department-related function.
8. In 2010, KDFW management issued a memorandum to its conservation officers
related to the manner by which the officers would enforce Kentuckys alcohol intoxication laws
(EXHIBIT). Complaints had been raised by marina owners and legislators that conservation
officers were unduly harassing boaters on Kentuckys waterways that were observed consuming
alcohol. As a result, the memo was adopted and an email was sent out requiring conservation
officers perform field sobriety tests on boaters suspected of alcohol intoxication, testing that was
not required by the alcohol intoxication statute. OIGSS issues no findings regarding this matter,
but notes that it doubts whether the department may limit the conservation officers ability to
enforce valid laws by a written policy and whether the department may impose additional
requirements on the officers not required by a particular statute.
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9. At the time OIGSS was conducting its investigation, the department was
considering whether to purchase Motorola radios of a type currently used by the Kentucky State
Police (KSP) and whether to pay to have the KSP dispatchers perform that function for the
departments law enforcement officers. OIGSS notes that Jimmy MILLER, who currently
supplies Kenwood radios for the departments current radio system, also attended a meeting
sometime between July and September 2013 when representatives of KSP and KDFW were
discussing the proposed changeover to the Motorola radios.
Although PATTON stated MILLER was present to provide technical advice to
the department, MILLERs presence at such a meeting could be considered improper, as
MILLER would have benefitted financially from maintaining the current system and thus could
have a vested interest in advising the department not to agree to such a switchover. OIGSS
would recommend that at any such meetings in the future, the current radio provider to the
department be excluded from participation.
10. OIGSS interviewed Layton REGISTER relative to his allegations concerning
improper use of department funds to purchase land. A summary of his interview, findings and
exhibits are found elsewhere in this report (EXHIBIT). OIGSS could find no improprieties as
alleged by REGISTER.
11. Allegations were made that department employees Wildlife Program Coordinator
Mark CRAMER, Commissioners Office; and Fish & Wildlife Information Specialist II Rick
HILL, Information Center Section, had prearranged agreements to be rehired by KDFW
following their retirement from the department. OIGSS could find no persuasive evidence of
such agreements.
During KINMANS interview, he stated that CRAMER, the former deputy
commissioner, now serving as a wildlife program coordinator at KDFW, asked KINMAN to fill
the deputy commissioner position when CRAMER retired five or six years ago. About 6-8
months after retiring, CRAMER was rehired to write KDFW regulations and to be the KDFW
liaison for the recreational trail authority. KINMAN denied that he, GASSETT, and/or
CRAMER discussed CRAMER returning to KDFW after retiring. KINMAN conveyed that he
would be surprised if GASSETT and CRAMER had pre-arranged for CRAMER to return to
KDFW after retirement. KINMAN added that CRAMER was upset about something when he
left so KINMAN did not expect him to return.
HILL retired about seven or eight years ago and then returned sometime after the
time required by law. KINMAN denied that he was part of any discussions with HILL or
GASSETT about HILL returning to KDFW after retiring. KINMAN added that he did not think
HILL was going to come back to KDFW because he planned to do freelance artwork.
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OIGSS has considered KRS 61.637(17)(d)(1) that discusses the effect a
prearranged agreement for an employee to return to work may have on that employees
retirement benefits. OIGSS finds that insufficient evidence exists that the rehiring of CRAMER
and HILL by the department following their retirements from KDFW violated the statute.
12. Allegations were made that the department was not properly securing confiscatedweapons. OIGSS, after interviewing PATTON and reviewing the departments policy related to
confiscated weapons(EXHIBIT),cannot conclude the department has mismanaged the weapons
in its control. The interviews ofKINMAN,PATTON,ESTESandCARRIERare incorporated
by reference into this finding.
13. OIGSS did not find that an excessive amount of money, including personnel
costs, was spent on the construction of a wildlife-holding pen at the Salato Wildlife Center. This
finding is based on interviews of department personnel, who estimated the construction costs to
be under $200,000. OIGSS does not possess the auditing capability to perform an in-depth
analysis of this issue. If questions linger regarding this matter, OIGSS would recommend the
department request assistance from the APA.
14. Questions were also raised as to possible excessive amounts of money spent by
Wildlife Divisions Mussel Research Facility. As stated in paragraph 13, above, OIGSS does not
possess the auditing capability to perform an in-depth analysis of this issue. If questions linger
regarding this matter, OIGSS would recommend the department request assistance from the
APA.
15. Any purchases made by employees at Bass Pro Shop in Indiana were approved bymanagement, according to Division Director Karen WALDROP, Wildlife Division.
16. While there was some indication that department employees on occasion had
misused Pro-Cards to pay for personal items, OIGSS did not find this to be a pervasive and
ongoing problem. However, if questions linger regarding this matter, OIGSS would recommend
the department request assistance from the APA.
17. OIGSS could uncover no credible evidence that KDFW property was improperly
recorded as surplus.
18. OIGSS could find no improprieties in the elk tag selection process. OIGSS has
reviewedKRS 150.175,150.177,150.178,and301 KAR 2:132in making this determination, in
addition to the interviews conducted.
II. INTERVIEWS CONDUCTED:
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The following individuals were interviewed by OIGSS:
Tourism, Arts and Heritage CabinetKentucky Department of Fish and Wildlife
Resources
Commissioners Office:
GASSETT, JonCommissionerdeclined to be interviewed
KINMAN , Benjamin BenjyDeputy CommissionerSeptember 26, 2013
MCIVER, NancyExecutive AssistantAugust 15, 2013
Administrative Services Division
MOORE, Darin KDivision DirectorSeptember 12, 2013
KING, Kenneth ScottFish and Wildlife Program ManagerJune 10, August 9, September
3, and September 11, 2013.
BRUCE , DavidFish and Wildlife Program ManagerAugust 22, 2013
Accounting Branch
BREWER, MelissaAdministrative Branch ManagerJune 10, 2013
Grants Branch
TRENT , Melissa A:Administrative Branch ManagerJune 10, 2013
Purchasing & Property BranchALLEN, Daniel DannyProgram CoordinatorJuly 2, 2013
Engineering Division
AKERS , JohnEngineering Technical Associate IIISeptember 18, 2013
Facilities Maintenance Branch
SUTHERLAND, ChristopherMaintenance Superintendent IJune 11 and July 9, 2013
MATTOX, JoAnnMaintenance Superintendent IJune 11 and 27, 2013
Lakes and Streams Branch
REDMON, WalterAdministrative Branch ManagerAugust 1, 2013
Fisheries Division
BROOKS , RonaldDivision DirectorAugust 23, 29, and September 24, 2013
BUYNAK, Gerard JerryFish and Wildlife Program ManagerAugust 8 and October 1,
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2013
Central District Branch
CROSBY, JeffreyFisheries Program CoordinatorAugust 15, 20, and 28, 2013
Federal Aid Coordination Branch
BUNNELL, DonaldFisheries Program CoordinatorAugust 13 and October 1, 2013
Peter W Pfeiffer Fish Hatchery Branch
MARPLE, StevenFish Hatchery ManagerAugust 14 and September 27, 2013
Southeastern District Branch
WILLIAMS, JohnFisheries Program CoordinatorAugust 27, 2013
Special Investigations Branch
WILKES, PaulFish and Wildlife Technician IIIAugust 30, 2013
Transportation Branch
ROBERTS, MarkFish and Wildlife Management ForemanAugust 7, 8, and September 24,
2013
ATHA, KennethFish and Wildlife Technician SupervisorSeptember 23, 2013
LYONS, GarryFish and Wildlife Technician IIIAugust 2 and 7, 2013
HALE , DavidFish and Wildlife Technician IIISeptember 27, 2013
CROXTON , JeffreyFish and Wildlife Technician IIAugust 15, 2013
Information Center Section
HILL , Richard RickFish & Wildlife Information Specialist IISeptember 24, 2013
Law Enforcement Division
PATTON , HankDivision DirectorSeptember 20, 2013
ESTES, LarryConservation Officer MajorAugust 1, 2013
CARRIER, JosephConservation Officer MajorAugust 8, 2013
District Three Branch
HERNDON, Edward ScottConservation Officer SergeantAugust 21, 2013
Public Affairs Division
CLARK , BrianFish and Wildlife Program ManagerOctober 2, 2013
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Wildlife Division
WALDROP, KarenDivision DirectorSeptember 4 and 30, 2013
GARLAND , Paul ChrisFish and Wildlife Program ManagerOctober 4, 2013
COOK, Willetta WillieAdministrative Specialist IIIAugust 1, 2013
Bluegrass Region Branch
BEARD , DerekWildlife Program CoordinatorSeptember 30, 2013
MITCHELL, WilliamFish and Wildlife Management ForemanAugust 15, 2013
GRASCH, ChristopherWildlife Biologist IVSeptember 3, 2013
NALLY, JasonWildlife Biologist IIISeptember 30, 2013
Non Game Branch
CARR, SunniWildlife Program CoordinatorAugust 8, 2013
Purchase Region Branch
COLVIS , RobertWildlife Biologist IVOctober 3, 2013
Kentucky Department of Fish and Wildlife Resources Commission:
TEITLOFF, TerryFirst District Commission MemberJuly 10 and October 8, 2013
WILLIAMS, C.F. FrankSecond District Commission MemberJuly 17 and October 8,
2013
RAY, StuartThird District Commission MemberJuly 16 and October 7, 2013
ANGEL, JamesFourth District Commission MemberJuly 12 and October 4, 2013
BEVINS, JimFifth District Commission MemberJuly 10, 2013
GLENN, StephenSixth District Commission Member StephenJuly 17 and September 5,
2013
THACKER, VoncelSeventh District Commission MemberJuly 17, 2013
FRYMAN, Norman JoeEighth District Commission MemberJuly 10, 2013
GODBY, ChristopherNinth District Commission MemberJuly 9 and September 6, 2013
RICH, JamesCommissioner Emeritusnot interviewed
Others interviewed:
WHITEHEAD, Harryowner of Gunners TaxidermyJuly 9, 2013ELDRIDGE, Paulretired KDFW Facilities Maintenance Branch employeeJuly 10, 2013
ALDRIDGE, Johnretired KDFW Facilities Maintenance Branch employeeJuly 11 and 31,
2013
EADS, Georgeformer Facilities Maintenance Branch inmate workerAugust 2, 2013
HILTON, Steveformer Fisheries Division Transportation Branch employeeAugust 14, 2013
LEE, John Brucefriend of Commission Member GLENNAugust 23, 2013
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NETHERY, Markpresident of the League of Kentucky SportsmenSeptember 20, 2013
CROWELL, Tedformer Fisheries Division assistant directorSeptember 27, 2013
NOTE:KDFWs entire organizational chart is found atEXHIBIT.
III. FINDINGS AND RECOMMENDATIONS CONCERNING ALLEGATIONS
THAT COULD BE SUBSTANTIATED
A. Findings as to Jon GASSETT
1. GASSETT improperly used state resources and employees to pump
out the crawlspace under his home in the winter of 2009-2010.
a. Sometime during the winter of 2009-2010, GASSETT returned one
evening to his home located on Harvieland Road in Franklin County, Kentucky and discovered
that the crawlspace under his home had been flooded after a frozen water pipe burst.
b. GASSETT called KINMAN at work at 7:00 a.m. the next morning and
asked for a pump to remove the water from his house.
c. KINMAN, bypassing the normal chain of command, directly contacted
ROBERTS in the Fisheries Division and directed ROBERTS to deliver a state-owned portable
water pump to GASSETTS home.
d. ROBERTS directed ATHA, LYONS and HILTON to deliver the pump to
GASSETTs home.
e. ATHA, LYONS and HILTON spent approximately three hours traveling
to GASSETT home, pumping out the crawlspace and returning to the department. GASSETT
was present at his home when the employees got there and observed them working to remove the
water from his homes crawlspace.
f. During the time ATHA, LYONS and HILTON were working at
GASSETTs home, ROBERTS also directed HALE to take a second pump to GASSETTs
residence. HALE spent 1 hours traveling to and from GASSETTs home to deliver the second
pump.
g. In May or June 2013, after OIGSS began its investigation at KDFW,
GASSETT admitted to MOORE that he had utilized state resources to have water pumped from
his crawlspace.1
1MOORE resigned his position with the department during the pendency of this investigation. As a result, he isnow beyond the jurisdiction of OIGSS.
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h. OIGSS finds that four state workers, at the direction of GASSETT,
KINMAN and ROBERTS, transported two state-owned pumps in state-owned vehicles to
GASSETTs home and pumped water out of the crawlspace under his home, all for GASSETTs
personal benefit.
i. OIGSS finds that GASSETT improperly utilized state workers andresources for his private benefit. This violation is exacerbated by the fact that GASSETT was
the commissioner of the department at the time the work was done. He was in the highest
position of authority in the agency and knew, or should have known, that the use of state
employees and resources at his home for personal benefit was improper.
j. OIGSS further finds that ATHA, LYONS, HILTON and HALE were
directed by their supervisors to carry out the work at GASSETTs home. OIGSS further finds
that they had little means by which to object to an order given to them by a supervisor, even
though some of the employees may have had reservations about whether the work they were
being directed to do was proper. There was also present the fear of retaliation for refusal tofollow a managers directive. As stated elsewhere in this report, following the issuance of
Advisory Opinion 13-02 from the Executive Branch Ethics Commission, all department
employees should be educated that they are henceforth put on notice that they have an obligation
to refuse to comply with orders that anyone of ordinary sense and understanding would
recognize as being contrary to the Executive Branch Code of Ethics and the need to report such
misconduct to the Ethics Commission.
k. The interviews ofKINMAN,ROBERTS,ATHA,LYONS,HILTONand
HALE, including any relevant exhibits made a part of those interviews are incorporated by
reference in these findings.
2. GASSETT improperly obtainedrotenone from the department for his
personal benefit.
a. Rotenone is a chemical used by the department to kill off or reduce fish
populations in a public waterway. It is purchased by the department at a discount through
normal procurement practices. It comes in liquid or in powder form, but the liquid form is used
by the department. It is regulated by the Kentucky Department of Agriculture. It may only be
applied by an individual who has obtained an application certification from the DOA. The
department does not provide rotenone to the general public, although it may have years ago.EXHIBIT entitled, A Management Guide for Ponds and Small Lakes in Kentucky, states at
page 6 that Rotenone is not available through KDFWR. The rotenone is stored by the
department in a locked storage unit that is insulated and heated.
b. GASSETT contacted KINMAN sometime in April 2013 and asked where
he could obtain rotenone to use to kill off fish in a pond owned by GASSETTs father.
http://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ROBERTS,%20Markhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ROBERTS,%20Markhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjy -
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KINMAN directed GASSETT to contact the Fisheries Division, which was responsible for the
storage and use of the chemical.
c. GASSETT contacted BROOKS and requested a gallon of rotenone.
BROOKS in turn directed WILKES to obtain the requested amount of the chemical from the
storage unit. WILKES took the rotenone directly to GASSETTs office. GASSETT andBROOKS were in GASSETTs office at the time WILKES made the delivery.
d. GASSETT, after obtaining the rotenone, then attempted to pay for it, even
though the department had ceased providing rotenone to the general public years ago.
GASSETT gave the department a personal check dated April 10, 2013 in the amount of $58.50
for reimbursement for the gallon of rotenone he was provided (EXHIBIT),but the check was
never cashed. Had GASSETT purchased rotenone on the open market, he would have paid a
higher price; thus the amount of his attempted reimbursement was based on the discounted
purchase rate afforded the department from its rotenone suppliers.
e. GASSETT improperly obtained rotenone for his personal use from the
department when the chemical was not provided to the general public and then by attempting to
reimburse the department in an amount that he could not have obtained had he purchased the
rotenone on the open market. This violation is exacerbated by the fact that GASSETT was the
commissioner of the department at the time he obtained the rotenone. He was in the highest
position of authority in the agency and knew, or should have known, that obtaining the rotenone
in such a fashion for his personal benefit was improper.
f. Regarding WILKES, the findings made inSection III(A)(1)(j),above, are
incorporated by reference at this point.
g. The interviews of KINMAN, BROOKS and WILKES, including any
relevant exhibits made a part of those interviews are incorporated by reference in these findings.
3. GASSETT improperly took advantage of discounted FedEx rates
provided to state agencies for his personal benefit.
a. On May 8, 2013 at 8:17 a.m., department employee Rowhan JAHAN sent
out an email to all department employees noting that the department had received a FedEx
invoice in the amount of $18.63 for a third-party shipment.2
b. On May 8, 2013 at 9:37 a.m., MOORE sent out an email to all department
staff in headquarters that reminded employees that they were not to benefit from the discounted
mailing rates the department had obtained from FedEx, regardless of whether the employee
attempted to reimburse the department(EXHIBIT).
2All exhibits referred to in this section are found collectively atEXHIBIT.
http://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Rotenone%20Check.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Rotenone%20Check.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/BROOKS,%20Ronhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/BROOKS,%20Ronhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/WILKES,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/WILKES,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/WILKES,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/BROOKS,%20Ronhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Rotenone%20Check.pdf -
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c. On May 9, 2013, GASSETT reimbursed the department $18.63 for the
cost of for a 33-pound shipment from Lykes Brothers, Inc. in Okeechobee, Florida to American
Tanning Leather in Griffin, Georgia. The shipment contained an alligator hide for GASSETTs
personal use. GASSETT killed an alligator in Florida earlier in 2013(EXHIBIT).
d. GASSETT had used the KDFW FedEx account and reimbursed KDFW ontwo other occasions. An eMARS Receipts Inquiry shows FedEx reimbursements from
GASSETT for $27.61 on April 25, 2013; and $99.41 on September 14, 2012(EXHIBIT).
e. The May 8, 2013 email (EXHIBIT) sent to all KDFW employees at the
main headquarters also noted that all employees had executed acknowledgments that they had
received the 8th edition of the Executive Branch Code of Ethics and that KRS 11A.040(4)
prohibited them from knowingly enjoying the benefits of the discounted FedEx rates the
department had obtained.
f. OIGSS finds that GASSETT improperly hadpersonal items delivered byFedEx and reimbursing the department at the discounted mailing rate available to the department
through its agreement with FedEx. These violations are exacerbated by the fact that GASSETT
was the commissioner of the department at the time he obtained a discounted mailing rate
through the state contract. He was in the highest position of authority in the agency and knew, or
should have known, that obtaining the discounted mailing rate for his personal benefit was
improper.
g. The interviews ofKINMANandMOORE,including any relevant exhibits
made a part of those interviews are incorporated by reference in these findings.
4. GASSETT improperly hadstate employees on state time and using a
state vehicle pick up building materials for his personal use.
a. AKERS admitted to OIGSS that in approximately 2008, GASSETT gave
him around $400 via a personal check to be used to purchase lumber for GASSETTs personal
use.
b. AKERS gave GASSETTs check to ELDRIDGE and upon AKERS
direction, ELDRIDGE went to Hardwood Specialties in Lexington and purchased the lumber for
GASSETT. A KDFW vehicle was used to pick up and transport the lumber and ELDRIDGE
was on state time when he picked up GASSETTs lumber while also making a legitimate pick-upof materials to be used by the department.
c. GASSETT improperly directed a state employee on state time and in a
state-owned vehicle to pick up lumber to be used for GASSETTs personal benefit. These
violations are exacerbated by the fact that GASSETT was the commissioner of the department at
the time he obtained the lumber. He was in the highest position of authority in the agency and
http://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%2011A.040-Acts%20prohibited%20for%20public%20servant%20or%20officer-Exception.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%2011A.040-Acts%20prohibited%20for%20public%20servant%20or%20officer-Exception.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/MOORE,%20Darinhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/MOORE,%20Darinhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/MOORE,%20Darinhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/MOORE,%20Darinhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%2011A.040-Acts%20prohibited%20for%20public%20servant%20or%20officer-Exception.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/FedEx%20Documents.pdf -
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knew, or should have known, that using state resources to obtain lumber for his personal benefit
was improper.
d. Regarding ELDRIDGE, the findings made in Section III(A)(1)(j) above
are incorporated by reference at this point.
e. The interviews of AKERS and ELDRIDGE, including any relevant
exhibits made a part of those interviews are incorporated by reference in these findings.
5. GASSETT improperly worked on his personal canoe at the
departments workshop during the workday using state-owned tools.
a. Approximately three years ago, AKERS admitted that GASSETT called
him and then brought his personal canoe to the departments workshop one workday morning to
repair a dent. AKERS helped GASSETT take the canoe from his vehicle to sit it on sawhorses in
the shop and provided him with a state-owned heat gun. GASSETT used the heat gun to smooth
out the dent which took him around 20 minutes.
b. GASSETT improperly worked on his personal canoe on state time while
using state resources. This violation is exacerbated by the fact that GASSETT was the
commissioner of the department at the time he worked on his canoe. He was in the highest
position of authority in the agency and knew, or should have known, that using state resources
during the workday to repair his personal canoe was improper.
c. The interview ofAKERS,including any relevant exhibits made a part of
that interview is incorporated by reference in these findings.
6. GASSETT carried concealed weapons while commissioner without aCarry Concealed Deadly Weapon (CCDW) license as required byKRS 237.110.
a. During the investigation, questions were raised as to why GASSETT,
KINMAN, and PATTON either carried or possessed state-issued handguns. GASSETT was
issued two weapons: a .40 caliber Glock Model 22, and a snub-nose .357 titanium that he carried
in an ankle holster. KRS 527.020(3) gives the Law Enforcement Division (LED) director
(PATTON) the right to carry a concealed weapon. The statute does not give the same authority
to the commissioner of the department. Thus, GASSETT must possess a CCDW license in order
to have carried the .357 snub-nose in his ankle holster and if he also carried the .40 caliber Glock
concealed on his person.
b. On October 23, 2013, OIGSS contacted the Kentucky State Police,
Concealed Deadly Weapons Division and learned that GASSETT does not hold a CCDW
license.
http://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ELDRIDGE,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ELDRIDGE,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20237.110-Permit%20to%20carry%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20237.110-Permit%20to%20carry%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20237.110-Permit%20to%20carry%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20237.110-Permit%20to%20carry%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20237.110-Permit%20to%20carry%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20Johnhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ELDRIDGE,%20Paulhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/AKERS,%20John -
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c. GASSETT knew, or should have known, that he must have a license in
order to carry a concealed deadly weapon because neither KRS Chapter 150 nor 235 specifically
give the commissioner any police powers, although those statutes give him the right to delegate
limited police powers to others. Further, althoughKRS 527.020specifically authorizes the LED
director and conservation officers to carry concealed deadly weapons, that statute does not afford
the same right to the commissioner. Thus, GASSETT violated state law by carrying concealed
deadly weapons without a license.
d. The interviews of KINMAN, PATTON, ESTES and CARRIER are
incorporated by reference into these findings.
B. Findings as to Benjy KINMAN
1. KINMAN improperly sent state workers and equipment to
GASSETTs residence in the winter of 2009-2010 to pump out the crawlspace under
GASSETTs home.
a. KINMAN has worked for KDFW for 36 years beginning in the
environmental section performing environmental reviews and investigating fish kills; as a
research biologist evaluating various fish species for recreational fishing; and as a program
coordinator handling federal aid. KINMAN also assisted in the construction of Cedar Creek
Lake in Lincoln County and was the director of the fisheries divisionfor seven or eight years. In
2008 KINMAN was promoted to the position of deputy commissioner. As deputy
commissioner, KINMAN oversees all KDFW divisions, except for the administrative services
division. KINMAN attended ethics training 10-12 years ago as well as an ethics training
overview within the last four years. KINMAN is knowledgeable about KDFW regulations andstatutes. As a state employee, KINMAN is subject to the requirements of KRS Chapters 11A and
18A.
b. Sometime during the winter of 2009-2010, GASSETT returned one
evening to his home located on Harvieland Road in Franklin County, Kentucky and discovered
that the crawlspace under his home had been flooded after a frozen water pipe burst.
c. GASSETT called KINMAN at work at 7:00 a.m. the next morning and
asked for a pump to remove the water from his house.
d. KINMAN, bypassing the normal chain of command, directly contacted
ROBERTS in the fisheries division and directed ROBERTS to deliver a state-owned portable
water pump to GASSETTS home.
e. ROBERTS directed ATHA, LYONS and HILTON to deliver the pump to
GASSETTs home.
http://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/PATTON,%20Hankhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/PATTON,%20Hankhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/ESTES,%20Larryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/ESTES,%20Larryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/CARRIER,%20Joseph%20Shanehttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/CARRIER,%20Joseph%20Shanehttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/CARRIER,%20Joseph%20Shanehttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LAW%20ENFORCEMENT/ESTES,%20Larryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/PATTON,%20Hankhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/KRS%20527.020-Carrying%20concealed%20deadly%20weapon.pdf -
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f. ATHA, LYONS and HILTON spent approximately three hours traveling
to GASSETT home, pumping out the crawlspace and returning to the department. GASSETT
was present at hishome when the employees got there and observed them working to remove the
water from his homes crawlspace.
g. During the time ATHA, LYONS and HILTON were working atGASSETTs home, ROBERTS also directed HALE to take a second pump to GASSETTs
residence. HALE spent 1 hours traveling to and from GASSETTs home to deliver the second
pump.
h. Although KINMAN asserted that he did not know that ROBERTS
directed ATHA, LYONS, HILTON and HALE to take the pumps to GASSETTs home and
pump out the crawlspace, OIGSS finds his assertion not to be credible. KINMAN had been the
director of the fisheries division for several years and knew ROBERTS well enough that he
made a direct call to ROBERTS to insure delivery of at least one pump. KINMAN knew, or
should have known, that ROBERTS would have directed employees to deliver the pump toGASSETT. Given the relationship between KINMAN and ROBERTS, OIGSS finds it more
likely than not that ROBERTS advised KINMAN that he had sent employees and equipment to
GASSETTs home.
i. OIGSS further finds suspect the fact that KINMAN failed to inform
BUYNAK, ROBERTS first-line supervisor, or BROOKS, the division director of fisheries, that
he had contacted ROBERTS and requested the pumps delivery to GASSETTs home. Given
the relationship between KINMAN and ROBERTS, it is more likely than not that KINMAN
purposely failed to notify BUYNAK and BROOKS because he knew ROBERTS would comply
with his request and to reduce the possibility that one of ROBERTS supervisors might object tothe directive KINMAN gave ROBERTS.
j. KINMAN admitted when interviewed by OIGSS that he would have made
the same accommodation for any KDFW employee but not for anyone outside of KDFW.
KINMAN further admitted that he did not have the authority to give anyone permission to use
state-owned equipment for personal use and admitted that he never even thought about this issue.
Thus, KINMAN in effect admitted that his actions in directing state resources to be used at
GASSETTs home were improper
k. OIGSS finds that KINMAN improperly directed ROBERTS to send astate-owned pump to GASSETTs home for GASSETTs personal use. OIGSS finds that
KINMAN knew, or should have known, that ROBERTS would direct employees to deliver the
pumps to GASSETTs home and pump out the crawlspace. This violation is exacerbated by the
fact that KINMAN was the deputy commissioner of the department at the time the work was
done at GASSETTS home. He was in the second-highest position of authority in the agency
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and knew, or should have known, that the use of state employees and resources at GASSETTs
home for personal benefit was improper.
l. Regarding ATHA, LYONS, HILTON and HALE, the findings made in
Section III(A)(1)(j),above, are incorporated by reference at this point.
m. The interviews ofKINMAN,ROBERTS,ATHA,LYONS,HILTONand
HALE, including any relevant exhibits made a part of those interviews, are incorporated by
reference in these findings.
2. KINMAN directed the utilization of state workers and resources to
deliver free fish to commission member Christopher GODBYs private ponds 2013, in
violation of the departments regulations.
a. KDFW produces over 12 million fish a year in its hatcheries. These fish
are produced for the purpose of populating public waterways for the benefit of the general public
and other fish are provided to private landowners for a fee pursuant to the departments farm
pond stocking program.
b. There is an additional program, called FINS (Fishing in Neighborhoods)
in which fish are delivered to waterways near towns and cities in order to promote fishing among
young people. These fish are delivered at no charge as part of the departments responsibility to
stock public waterways with certain species of fish.
c. 301 KAR 1:160governs the method by which the department is to stock
fish in private waters and is the basis of the farm pond program. It provides as follows:
Section 1. Upon application and receipt of a nonrefundable stocking fee, any
owner of a pond or lake may receive fish stocks for private waters, provided one(1) of the following conditions is met:
(1) The pond or lake is newly impounded and contains no fish.
(2) The pond or lake has been drained and refilled or chemically renovatedand contains no fish.
(3) The pond or lake has been checked by a fishery biologist who hasrecommended it for remedial stocking.
Section 2. Species available for private waters include largemouth bass,bluegill, and channel catfish. The pond or lake must be stocked with largemouthbass and bluegill; the channel catfish are optional. Combinations of the abovespecies are available at the discretion of the department.
http://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ROBERTS,%20Markhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ROBERTS,%20Markhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HALE,%20David%20Interview.dochttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/INTERVIEWS%20WITHOUT%20EXHIBITS/HILTON,%20Steve%20Interview.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/LYONS,%20Garryhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ATHA,%20Kennyhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/ROBERTS,%20Markhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Interviews%20with%20EXHIBITs/KINMAN,%20Benjy -
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Section 3. Stocking applications shall be received by the department no laterthan October 1 of each year. The stocking cycle begins in late October with thedelivery of bluegill and channel catfish. The cycle is then completed during Mayof the following year with the delivery of largemouth bass. Fish stocks aredelivered to each county, with advance notice of time and place provided to each
pond or lake owner. It is the responsibility of each pond or lake owner to pick upthe boxed fish and place them in the designated waters following the stockinginstructions which are printed on the outside of each box. (11 Ky.R. 1217; eff. 3-12-85; Am. 19 Ky.R. 456; eff. 9-23-92.)
d. The department provides information on its farm pond stocking program
at two locations on its website. EXHIBIT is entitled Kentucky Farm Pond Stocking
Information. As can be seen from that information, the public is advised that certain species of
fish are provided. An individual must fill out the application (attached to the exhibit) and pay a
specific fee for the delivery of fish. The application and fee are sent to the department, which
provides delivery of the fish to a central location in each county or area. The applicant must pick
up the fish at the central area. The fish to be delivered are fingerlings, generally 1-2 in
length.
e. EXHIBITis entitled A Management Guide for Ponds and SmallLakes in
Kentucky. Information on the farm pond stocking program is found at pages 5-6 of this exhibit.
The information provided there includes the fact that fish can be supplied for a fee to private
ponds that are new or have been renovated.
f. 301 KAR 1:160provides that a private landowner can obtain fish for a
pond or lake. The body of water is checked by one of the departments district biologists whomay then recommend the pond or lake is suitable for remedial stocking. Although this term is
not defined in any applicable statute or regulation, it is a method by which a private pond-owner
with an existing fish population can obtain additional fish in order to provide balance between
the predator fish and prey fish in the pond. For example, there may be too many largemouth bass
(a predator fish) in a pond and too little bluegill (generally a prey fish). The district biologist
would perform a technical guidance by determining from a general observation of the pond the
number, size and species of fish in the water. From that determination, he would provide the
pond-owner with a recommendation of the fish that should be put into the pond to equalize the
fish population. Although the regulation indicates that fish could be provided to the pond-owner
via the application, payment and delivery methods set forth in the regulation, the districtbiologists OIGSS interviewed (Jeff CROSBY and John WILLIAMS) stated that the normal
procedure was for the biologists to provide the landowner with a list of private hatcheries from
which the necessary fish could be purchased.
g. There is no program based upon a statute or regulation that authorizes the
department to deliver free fish of any size to a private landowner. OIGSS finds that the
http://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Kentucky%20Farm%20Pond%20Stocking%20Information.mhthttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Kentucky%20Farm%20Pond%20Stocking%20Information.mhthttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/KRS,%20Policies,%20and%20HB/301%20KAR%201.160.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/A%20Management%20Guide%20for%20Ponds%20and%20Small%20Lakes%20).pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/Report%20EXHIBITS/Kentucky%20Farm%20Pond%20Stocking%20Information.mht -
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department has regularly ignored the plain provisions of301 KAR 1:160since the regulation was
first adopted in 1985 and has over the years engaged in an unauthorized delivery of free fish to
private landowners.
h. This practice is not only unauthorized, it is unfair. The general public for
the most part is not aware that the department will on occasion deliver free fish to a private
landowner upon request. From the interviews OIGSS has conducted, it appears that individuals
that are somehow connected either through ties with the department or who may be in a
position of authority in the agency have been the recipients of this unauthorized largesse. The
practice is further unfair in that an applicant for fish delivery pursuant to the farm pond program
must fill out an application, pay a fee and drive to a central location to pick up his fish. By
contrast, the individuals who have been provided with free fish filled out no applications, paid no
fees and the state expended its resources by delivering fish directly to their private ponds in state
vehicles driven by state workers. In summary, the entire practice of the department delivering
free fish to a persons private pond or lake is unauthorized by any statute, regulation or writtenpolicy and must cease.
i. With the foregoing as a background, OIGSS will now make specific
findings as to improper fish deliveries to GODBY. GODBY has been KDFW