Smaller & Scrambled

The DNR has been drastically reorganized, beginning in 1995.  The shuffling of personnel cost 200 people their jobs, and relocated many of the remaining 2,900 employees of the department.

DNR was divided into six watershed areas, with divisions in environmental quality, enforcement, resource management, and management services.

Many times, large bureaucracies need a shake-up just to change outdated approaches and plan for the future.  In the long run, the new watershed approach may benefit DNR and the public.   But in these years following the reorganization, much confusion exists in the department.
 

Experienced People Cut

Many mid-level program supervisors were cut --- DNR's most experienced staff within specialty areas. These experienced people were shifted to different jobs, in charge of issues new to them. Meanwhile, in their old departments, less-experienced staff had to work without clear leadership, and without benefit of old-timers' knowledge and experience.

Given the technical nature of most environmental issues, this is a recipe for mistakes and confusion.  It seems to be a deliberate effort to destroy the institutional memory of DNR.
 

Files Shuffled

Many files were moved during reorganization.  In some cases, files moved away from local offices, making the information inaccessible to local citizens.  Even if files didn't move, new staff may be unable to find information.  Filing is a highly personal memory process.
 

No Clear Organization

DNR organizational charts have been inaccurate, with no clear records, lists, or flow charts of the reorganization available for public use.  Program managers don't report to a particular bureau, as was the case in the past.  Many experts are in the field more, making them less available, and there is less communication with the Madison offices.

We've been told DNR staff have been forced to fend for themselves and develop their own sources of information and lines of command.
 

A Classic Example

Just one example of DNR's confusion:  Green Bay citizens tried to follow-up on a pollution permit for Kidney Island, a toxic sludge dump in Green Bay. They called the local DNR and learned Ron Fassbender, who covered this issue for 20 years, was transferred to DNR's Sturgeon Bay Office and no longer worked on Kidney Island issues.

They were referred to Madison DNR and Larry Benson, who had researched and written the old 1993 version of a proposed permit.  But Larry was transferred to a different DNR job.  He referred citizens to his replacement.  When they talked to the new person, he said he had 2 large boxes of files from Larry on this topic, but didn't know where to begin to answer questions.  He promised to call back when he could.  After 6 months, citizens finally received a letter which contradicted information generated previously by Larry Benson.

Meanwhile, citizens persisted in calling the local DNR office, and talked with several people until they found someone who claimed to now have responsibility for the Kidney Island issue.  He has been pleasant to work with, but initially he knew little about this issue.  He had to consult with many other DNR staff, and after several months he still wasn't able to give a clear answer to citizen questions.

Because of this staff shuffle, the wastewater discharge permit for Kidney Island is in limbo.   Staff admit the existing island has been in violation of the law for years and leaks profusely, but no action has been taken.

This is a complex issue with large financial and political ramifications.  It's frustrating that all the experienced staff have been taken out of the picture, forcing new people to learn it all over again, and clean up problems.

This is not an efficient method for operating a government agency, yet similar stories of citizen frustration are being repeated across the state.
 

Funding Cuts

Funding is another problem facing DNR.  Most field operating and support budgets have been cut --- at a time when Wisconsin's population and business growth increase the need for careful environmental regulation. The reorganization itself cost millions, and led to many more program reductions.

It may take years before the kinks are worked out of the system, and the DNR can stand on its feet again.  Meanwhile, we could experience serious environmental and health threats.
 

Political Takeover

In the 1995 budget, Gov.Thompson (& Republican legislators) made sweeping changes in the way Wisconsin manages environmental issues.

First, they destroyed the Public Intervenor Office.

Second, the Governor took direct control of the DNR Secretary.  Previously, the Secretary had answered to an independent citizen committee called the Natural Resources Board.  The citizens were appointed to 6 year terms by the Governor, but once appointed, they made independent decisions.  The old system allowed some political influence, but usually the Board was a mix of people appointed by different governors.

Now, the Governor is directly involved in DNR's everyday activities, and it shows.  For example, the Governor used the DNR Secretary to negotiate gaming compacts with Wisconsin's Tribes, which is clearly not his job.
 

Staff in Poor Spirits

In recent years, DNR staff have suffered severe morale problems because of the re-organization, budget cuts, and politicization.  As a result, we've lost a lot of good people who left to find more reasonable workplaces.  When we call to ask questions of the remaining staff, we can hear the frustration in their voices.  The DNR is not a healthy, happy workplace.  It doesn't help that the Gov. and his Secretary now refer to DNR offices as "Customer Service Centers" and refer to polluting industries as  "clients" or "customers."   It's an open joke among staff.
 

Gov.Thompson Cut DNR Enforcement

When Gov. Thompson took control of DNR, he made appointments of political friends to key positions in DNR.  One of the worst was David Maier, who previously worked as a Thompson aide, and in the Wis. Dept. of Transportation (DOT).

Thompson made Maier the Administrator of DNR's Division of Enforcement and Science, one of the most powerful DNR staff positions.

Maier was completely unqualified for this job.  In fact, when he worked at Dept. of Transportation, he was involved in efforts to exempt DOT from the Wis. Environmental Policy Act, which requires environmental impact studies.  And the DOT tried to get an exemption from the endangered species law.  Mr. Maier has gotten his jobs without competition against qualified public servants with years of experience.  While at DOT he was only a "Limited Term Employee."

As DNR Administrator, Mr. Maier oversees highly sensitive issues, including sign-off on Environmental Impact Statements, endangered species, and the Rio Algom Mine -- and ALL enforcement actions by DNR.  He oversees research, environmental analysis, and review.
 

Drop in Enforcement

Not surprisingly, DNR law enforcement has dropped significantly since Maier's appointment.  The number of cases DNR has referred to the Dept. of Justice for prosecution dropped from 165 and 170 total cases in 1995 and 1996, to only 92 cases in 1997.

In addition, the records show polluting industries are much less likely to legally challenge the strictness of their permits.  These cases dropped by half.  This indicates new discharge permits are weaker and polluters are more satisfied with their permits.

We've been told by several sources within DNR that DNR staff are so demoralized by the lack of enforcement, they no longer bother to gather evidence of violations to help build cases.  They know it won't be used for proper enforcement.
 

Warden Shortage

Wisconsin ranks 49th out of 50 states in the number of wardens per hunters and fishers, according to two recent studies in the "International Game Warden" magazine, and a report by the U.S. Fish & Wildlife Service.  Only New Jersey ranks lower.

Wisconsin would need to hire an additional 139 conservation wardens just to reach the national average.  The existing 130 wardens now spend most of their time responding to complaints.   Last year:  20,000 complaints and over 160,000 phone calls.  Wardens are under tremendous stress and unable to provide the wide range of services and patrols normally expected.  (For a more thorough discussion of this particular problem, click here.)

In 1995, Gov. Thompson  eliminated the Wis. Public Intervenor Office, which had two attorneys advocating for public rights in the natural resources of Wisconsin.  They were watchdogs over state and federal agencies to ensure compliance with environmental laws.  (A phony Intervenor created temporarily in the DNR has also been eliminated.)

For 26 years, thousands of citizens, even legislators, received experienced consultation and referrals through the Intervenors.  Now, we have no public source of legal advice or assistance for environmental issues.  Most citizen groups can't afford private legal fees.

In addition, most private attorneys lack the political stature, technical legal standing, and connections which the Intervenors had.  The Attorney General can't do the Intervenor's job.  Only the Intervenors represented true "public rights" in the legal sense.

Meanwhile, powerful corporations, wealthy individuals, and government bureaucrats are free to use their political power, and their large financial and legal staff resources against us.

It's important to recognize that lawsuits were not the main activity of the Intervenors.  They often brought opponents together to negotiate reasonable compromises.  And provided legal and technical comments on proposed regulations.  Just their presence prevented many bad proposals from surfacing.

Since the Intervenor Office closed, we've seen a huge increase in bad rule revisions and permit decisions at DNR and other agencies -- but citizens lack the money and technical knowledge to challenge all these rapid changes.