Maybe that will become a new rallying cry. Maybe it needs to be tested as to whether or not the appointed Trustees of a Public Trust are doing what is required of them and doing it in the "Reasonable and Prudent" Standard that is required of Trustee.
I mean after all, Fiduciary Duties and Trustee Responsibilities are written in Montana Code. Just go to
MCA Title 72 Chapter 38 Part 8.
If you are a Trustee of Trusts like I am, you have that section of MCA on your night stand. These Commissioners are Trustees of the Public Trust that holds Montana's wildlife for the citizens of Montana.
- Do they operate independently and without conflict?
- Do they recuse themselves when their is a conflict of interest, with courts having stated that "conflict in appearance is conflict in fact?"
- Do they rely on experts for issues outside of their professional experience?
- Do they have special skills or have they received special training that qualifies them for their role as Trustee?
- Do they operate with Transparency?
- Do they act in the best interest of the Beneficiary (all citizens) at all times, also know as "
Duty of Loyalty?"
- Do they manage the Trust Assets/Corpus prudently for current and future beneficiaries?
- Do they act in a way the protects the Beneficiaries from themselves (what we call protection from predators, creditors, and themselves)?
- Do they .........
I could go on and on as to areas where Trustees often forget to whom they are beholden to under the Fiduciary Standards of a Trustee. Like most states, Montana has codified those standards and requirements. The courts have settled many cases on such.
Are the duties of a Public Trustee any different? It would likely take a court case to determine that. So, maybe your suggestion to "Lawyer Up" has some merit to determine what the standards of a Public Trustee are. The courts have held that wildlife is held in Trust, so that is not the issue. That Public Trustees can be appointed, elected, or employed, is also settled.
Thus, the question becomes, to what level of Fiduciary Standard should appointed Trustees (Commissioners) be held? And if they are not operating according to the Fiduciary Standards, what recourse do affected Beneficiaries (citizens) have?
And if you "lawyer up" and prevail, do you plow an easier path for those who would use the same legal concepts to take away hunting seasons, to take away any management of the "Charismatic Megafauna," to make every decision on wildlife a litigated event such that management (hunting, trapping, fishing) would be in question?
Given the manner in which recent Commissions have operated, when overlayed with the MCA related to Fiduciary Duties and other Public Trust Law, there exists pretty fertile grounds for the Commission to be taken to court. I suspect the reasons it hasn't is mostly due to the cost associated with that. Litigation against any Government agency or their agents is very expensive. If I sat on this Commission and allowed a lot of the self-serving acts we've witnessed to pass with my vote, I would ask FWP legal staff or the AG what the E&O policy coverage is for Commissioners.