Utah DWR Expo Tag Contract FAQ

[UTK14]

http://wildlife.utah.gov/utah-expo-permits-faq.html

http://wildlife.utah.gov/pdf/expo_permit_contract.pdf

Interesting reading for those who are a little alarmed at how the Expo Tag award process was carried out in Utah.

For me, the answers the DWR provides create more questions than they do actually address concerns.


For example:

From section 13:

Q13: Did this delay cause confusion for any potential bidders?
Yes. Although the DWR openly referenced its plan to issue the RFP, one organization was unaware of that statement and submitted a proposal directly to the DWR. That proposal was from Rocky Mountain Elk Foundation (RMEF), and it was delivered on Sept. 1, 2015. Because the proposal was submitted outside the RFP process, the DWR encouraged RMEF to resubmit a proposal when the RFP was open. RMEF later submitted a proposal in accordance with the terms of the RFP.

This seems to imply that SFW didn't even submit a bid in accordance with the administrative rule in force at the time.

Also, there appear to be quite a few claims that the RFP process was always intended to be used because it was mentioned a few times in a meeting. Does a mention at a meeting supercede administrative rule?(Rhetorical) Only in my wonderful state of Utah.

If there is a positive to be had, it's that this issue is not going away. Due to the behavior exhibited by both the DWR and SFW in this instance, I don't think most concerned sportsmen are looking at the freshly inked contract and DWR excuse sheet as anything that's going to cause them to let their foot off the gas.

 

[Big Fin]

What you are about to read are one person's opinions, Randy Newberg's opinions, and DO NOT reflect any official statement or position of RMEF.


DWR might want to "put down the shovel" when they find themselves in this current public relations hole. Quite honestly, they are full of it. They know it. These kind of releases and selective publishing of stuff they asked to be confidential is rolling the dice that RMEF is not going to litigate the issue.

Tolerant people might just tire of this DWR engaging in this CYA activity that comes at the expense of RMEF. Eventually, tolerant people decide that they are not going to be nice guys much longer.

I was involved along the entire process. I can assure you that nothing was ever provided to RMEF decision makers as it relates to an RFP until after the deadline as identified in statute.

DWR knows they have a lot of egg on their face. They know that they completely ignored their own rules. They know they are completely screwed if RMEF decides they want to litigate this issue.

Yet, they post stupid stuff like that. So much of that is BS.

RMEF has decided to accept that things between DWR and UT-based groups operate differently than other states. The decision was made move on a go about the important work of conservation, hoping the hunters of UT will see the system for what it is and demand some change. But, if DWR continues this kind of BS to cover their own tracks by throwing mud on RMEF, one Board Member I know is about ready to suggest RMEF revisit this issue and take DWR to task on what they are saying now.

Funny how they demanded that everything be confidential, something RMEF complied with. Now, DWR is selectively deciding what they will/will not keep confidential.

I can assure you that very good legal opinions exist if RMEF wanted to make life miserable for some in Utah DWR. Put a cork in it DWR and move forward. Just because the heat is now getting turned up on you does not justify the selective leakage of what you asked to be confidential communications.

I know this, DWR can be thankful that the decision going forward for RMEF will be made by RMEF senior staff and not the Board Member I see in the mirror each morning.

 

[Topgun 30-06]

This whole deal has just been made so much worse with the BS that SFW, MDF, and the DWR have put out this week that it boggles my mind. Then to watch the video link where their asshat of a Governor gave his little speech at the Expo it's very obvious that the shit goes all the way to his Office, the Legislature, the AGs Office and God knows where else. I'm beginning to believe that the corruption is so bad in Utah that there is nothing that will ever get it straightened out after seeing what has come out this week.

 

[elkantlers]

I would hope that The RMEF would step up and litigate this on behalf of It's Many Utah RMEF members.

 

[UTK14]

Elkantlers,

Respectfully, I think it's more on Utah Sportsmen, myself included, to make sure this ship gets righted. RMEF did a lot to get this started by submitting a bid that would have greatly improved the situation here. They have stated that they are focused on their mission, which I respect a great deal. Lets hope it all gets sorted out alright.

 

[jryoung]

Pretty sure the heat knob goes to 11, as a sportsman frustrated by this there is no reason not to stop now. Keep emailing DWR, keep emailing KUTV, keep emailing the Governors office.

 

[Topgun 30-06]

I would hope that The RMEF would step up and litigate this on behalf of It's Many Utah RMEF members.

Have to disagree with you on this one pardner. IMHO as a loyal member of RMEF, I'm sure they have the capacity to do as you mentioned and possibly win a case if it could be taken to an impartial panel. However, finding such appears to be impossible as entrenched as this corruption goes and the money it would cost to litigate that can be better used on the ground than in a courtroom to accomplish it's mission.

 

[Oneye]

I personally would love it RMEF litigated this. I understand it is not exactly directly furthering their mission but the Utah DWR as you say continues to smear this issue and try to cover it up. They want to look like the good guys when in fact they did this in the most corrupt and wrong way possible. I hope RMEF chooses to sue them. At least then it will force the hand that they are not being honest. All they are doing right now is basically calling everyone calling them out on this issue liars. A lawsuit needs to be filed at some point against this corrupt relationship and RMEF is in a great situation to unravel this mess.

 

[grizzly_]

I have been personally notified by a sitting member of the state House of Reps that they "have started the audit request process" regarding DWR actions pertaining to the Expo.

SFW is in full-fledge-fruit-fly mode trying to figure out a way to assuage this outpouring of anger by Utah sportsmen.

SFW released a statement saying that 100% of the application fees (about $1,000,000/yr) will go towards wildlife, see excerpt below...

"One dollar and fifty-cents of each $5 application fee is retained for the Utah Division of Wildlife and its wildlife conservation programs, and $3.50 evenly split between SFW and MDF, all of which is used to bolster wildlife conservation throughout the state of Utah benefiting multiple species. This commitment to utilize 100% of the application fee revenue to support Utah Conservation Initiatives included in the contract that SFW recently signed with the State to distribute expo permits from 2017 to 2021. We will annually disclose how these funds are utilized to benefit Utah wildlife."

Then we saw the actual verbiage of the contract that states the 70% retained by SFW/MDF can be used for "policies, programs, projects and personnel that support wildlife conservation initiatives in Utah." (Section 7(c) http://wildlife.utah.gov/pdf/expo_permit_contract.pdf)

Does anybody feel good that this money will properly go towards wildlife?

PS. One person posted this from the IRS website regarding 501(c)(3) organizations (I won't comment since I'm neither an attorney or accountant, but I found it interesting)...

Exemption Requirements - 501(c)(3) Organizations
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.

 

[Zim]

"I know this, DWR can be thankful that the decision going forward for RMEF will be made by our senior staff and not the Board Member I see in the mirror each morning."

Haha I love this! Yes this whole situation truly sucks. But hard to argue with TG. Clearly. the corruption runs so deep, all the way to the governor's office. I really doubt the Utah court system is immune from it. I would not trust them for a New York minute. I've seen enough crooked attorneys and judges in my own state in my own past business dealings. Anyone who thinks courts can be trusted to apply justice, have not had enough experiences with them.

 

[authentichunter]

I have been personally notified by a sitting member of the state House of Reps that they "have started the audit request process" regarding DWR actions pertaining to the Expo.

Grizz is correct. Things are in motion at the capitol, but nothing is finalized yet and the opposition is building. Those of us in Utah need to keep the pressure on our legislators. Contact your legislator, e.g. representative and senator. There are only four days left in the session.