My senator on the other handhas earned my vote in his next election. After Fergusons decision i sent the following to my senator and representative's. I will say ahead of time the fact that he not only actually replied to me but the depth of his reply was spot on. I have been writing concerns to my politicians for years and this is the first and best actual response i have gotten from one of them besides the standard thanks for your concern. below is my letter and his response.
I am writing to express my deep disappointment with Governor Bob Ferguson’s decision not to take meaningful disciplinary action against members of the Washington Fish and Wildlife Commission following the governor-ordered investigation into their conduct.
This was not an investigation that simply cleared the commissioners. The independent investigation found significant problems with compliance, transparency, and the conduct expected of public officials.
Among the findings were:
- Commissioners did not consistently comply with Washington’s Public Records Act, including the use of personal devices for commission business, incomplete searches for records, and resistance to producing records until compelled.
- The investigation found evidence of commissioners coordinating on public business through private communications outside properly noticed public meetings—conduct that constitutes the type of serial or “daisy-chain” communication that undermines Washington’s open-government requirements.
- The report found that commissioners’ compliance with public-records and open-meetings requirements was inconsistent and that the consequences were real for WDFW employees, the department, and the institution itself.
- The investigation identified serious appearance and institutional concerns surrounding commissioners’ communications and meetings with outside advocacy organizations, including organizations involved in litigation against WDFW.
- The report found that the commission’s relationship with WDFW leadership had deteriorated to a “significant breakdown in trust,” along with instances of confrontational or inappropriate treatment of employees.
- The investigator specifically concluded that corrective or personnel action could be considered regarding Commissioners Lorna Smith and Melanie Rowland in connection with their purposeful failure to produce certain public records for approximately 18 months.
I understand that the investigation did not substantiate every allegation and did not conclude that the commissioners committed the most serious forms of misconduct. But that does not erase the violations and failures that the investigation did substantiate. Public officials should not get a pass simply because their conduct falls short of the highest threshold of misconduct.
What concerns me most is the message this decision sends. If commissioners can violate transparency requirements, participate in private communications concerning public business, fail to properly produce public records, and create serious conflicts and appearance-of-impropriety concerns—and the ultimate consequence is merely a warning—what incentive is there for future commissioners to take these laws seriously?
Washington law gives the governor authority to remove appointed state officers for incompetency, misconduct, or malfeasance. At a minimum, I believe the governor should have seriously considered exercising that authority in light of the investigation’s findings.
I am asking you, as my elected representative, to hold Governor Ferguson accountable for this decision and to take this matter seriously. I also ask that you support meaningful legislative oversight and reforms to ensure that members of the Fish and Wildlife Commission are held to the same standards of transparency, ethics, and accountability expected of other public officials.
The Washington Department of Fish and Wildlife manages public resources on behalf of all Washington citizens. Its governing commission must have the public’s trust. Transparency laws are not optional, and accountability should not depend on how politically convenient enforcement happens to be.
Please let me know what actions you are willing to take to ensure that the findings of this investigation do not simply become another report that is filed away without meaningful consequences.
Washington citizens deserve better than that.
Senator's Response:
Ryan,
I share your concern about the conduct of members of the Fish and Wildlife Commission and Governor Ferguson’s response. Seeing how several of the findings you cited involve public records, I’ll start there: Senators regularly receive public-records requests, and frankly, complying with them is part of doing the public’s business.
Anyone seeking election to the Legislature should be prepared to conduct themselves in a way that maintains public confidence. The same should go for anyone who accepts an appointment to a state office or commission.
Your point about public trust is especially on target. Chapter 77.04 of the Revised Code of Washington, which governs the Fish and Wildlife Commission, requires commissioners to comply with state ethics and public-disclosure laws. In addition, it says the commission is to act through “an open and deliberative process that encourages public involvement and increases public confidence in department decision making.”
I also appreciate your desire to see meaningful reform related to the commission. In each of the past two legislative sessions I sponsored Senate Bill 5728, which would significantly change the appointment process and establish new qualifications for commissioners. Unfortunately, the bill consistently ran into partisan opposition in the Senate Agriculture and Natural Resources Committee.
As for accountability, you are correct about state law giving the governor authority to remove appointed state officers under specified circumstances. While the legislative branch cannot compel Governor Ferguson to use that authority, the Senate has the constitutional power to confirm or reject his appointments.
On a single day during our 2023 session, the Senate confirmed eight appointments to the commission. I supported five. The three I opposed included Commissioners Smith and Rowland.
I won’t speculate whether Governor Ferguson’s decision not to pursue removal of these two commissioners now was influenced by the fact that their terms expire at the end of this year. The real question now is whether he will reappoint them. I say that knowing how, in early 2025, the Senate voted to let the governor pull back – at his request – two other Inslee appointments to the commission that had yet to be confirmed. Doing so allowed him to appoint others instead.
Whoever the governor appoints, state law directs him to seek a commission that is balanced across a list of interests. It specifically includes sportfishers, commercial fishers, hunters, private landowners and environmentalists. That balance matters to me.
Our wildlife management should be based on sound science, responsible stewardship and the law, not ideology. Washington law directs the commission to “preserve, protect and perpetuate” fish and wildlife, but in two places it also says the commission “shall” maximize hunting, fishing and outdoor-recreation opportunities consistent with healthy fish and wildlife populations. That word makes it a mandate, not an option.
You want this investigation to produce something meaningful. It already has to me. Given the Senate’s role in confirming the governor’s appointments, I will keep these findings in mind when considering his upcoming picks for the Fish and Wildlife Commission. Washingtonians deserve commission members who are qualified and prepared to uphold the applicable laws.
Thanks for your message. Please contact me anytime you believe I can help.
