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This story starts out about four years in what has
become a very common occurrence. Elk descended upon private
property and ripped the property up. This time elk debarked 14
trees and totally destroyed two cherished spruce trees on Adam
Waltz’s property. Previously, elk were hitting Adam’s crops
pretty hard. Obviously, elk have little concern for property
boundaries, private property rights or valuable trees.
Adam got on the horn with his State Representative,
Mr. Mike Hanna and reported the incident. SR Hanna contacted
Vern Ross and Adam promptly received a call from PGC Regional
Supervisor Barry Hambley. Vern Ross and Barry Hambley were
concerned Adam might exercise his constitutional rights and kill
the elk if he caught them on his property. In an effort to
prevent Adam Waltz from killing the elk, Barry Hambley promised
to replace the two spruce trees, personally. By law the PGC can
not reimburse property owners for elk damage. The trees were
valued at $500. One can only assume Hambley was coordinating
his commitment with Vern Ross.
Later, these troublesome elk
were tranquilized and moved to a new area. In the process PGC
personnel left one used and one live tranquilizer dart in Adam’s
field. Mere drops of elk tranquilizer are potent enough to kill
a human being. Adam’s wife and a grandchild found one of these
bright orange darts, which a child could easily mistaken as a
toy.
Years had passed and Adam Waltz
neither received a check nor were his trees replaced. The
statute of limitation was approaching and Adam decided to take
his story to the local magistrate. In the first pass Adam’s
complaint was almost dismissed. District Justice John Maggs
ruled that Adam must modify his complaint to pursue Barry
Hambley personally, not the PGC. The PGC attorney argued that
the Agency could not legally pay elk damage claims. DJ Maggs
stated that PGC Barry Hambley “stepped out of uniform” when this
deal was put together.
For the second hearing, Adam
Waltz requested a three-lawyer panel hear the case. This time
Barry Hambley appeared in court and ultimately admitted he did
make the personal promise to replace the trees. Adam Waltz won
the case and the court ordered restitution of $813.50, which
included filing fees. Unfortunately, all of the above is only
the beginning of this story.
Weeks passed, but in early
October 2004 Adam Waltz received a call from the PGC’s Legal
Department to confirm his address. A check was apparently,
forthcoming. Adam received his payment the week of October 18th,
but much to his surprise it was not from Barry Hambley or Vern
Ross, personally. The Department of General Services,
Commonwealth of Pennsylvania provided the payment. In essence,
the Commonwealth or shall we say the taxpayers of this state
reimbursed Adam Waltz for his elk damage. It is interesting to
note that Barry Hambley retired one or two years ago and is no
longer associated with the Agency.
On the surface this may seem like a
small matter considering the amount is $813.50. May I remind
you of the fiasco involving our former PGC Executive Director
Peter Duncan and Deputy Director Steve Williams? These
gentlemen were accused of wrongdoing involving about $50 each
for which they were promptly removed from office. Peter Duncan
went on to have a long and distinguished wildlife career in NY
and Steve Williams became the Executive Director of Kansas Game
and Fish. Mr. Williams was recently appointed Executive
Director of the US Fish and Wildlife Service by our current
President George Bush. In later years, both men were exonerated
of any wrongdoing.
It would seem to me that the
payment in this matter raises many serious questions that must
be answered. If Barry Hambley “stepped out of uniform” and made
this agreement personally, why is the Commonwealth of PA paying
the judgment entered against a former PGC employee? If Vern
Ross concocted this deal, no matter how noble, and Hambley was
the go-between, again, why did the Commonwealth pay? If the PGC
can not legally pay for wildlife damages, is it permissible for
the Commonwealth to pay? Did Vern Ross, Barry Hambley or
someone at the PGC, intentionally or unintentionally, circumvent
the will of our legislators? Doesn’t this open the door
for others to put forth claims of elk and other wildlife damages
and expect payment by the Commonwealth? These are legitimate
questions if one believes the Agency should be managed and act
within the guidelines of Pennsylvania law.
Frankly, is all of the above
evidence of truly bad judgment or an illegal act?
Jim
Slinsky is the host and producer of the “Sportsman’s
Connection”, a nationally syndicated, outdoor-talk radio
program. For a station near you or to contact Jim, visit his
website at
www.outdoortalknetwork.com
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