Judge dismisses Fish and Wildlife lawsuit against Beshear to keep its commissioner
Franklin Circuit Judge Thomas Wingate dismissed a lawsuit Wednesday filed by the state Fish and Wildlife Commission that attempts to keep the Beshear Administration from firing Rich Storm as its commissioner.
In an 18-page ruling, Wingate said the commission has the authority to select its commissioner but it cannot circumvent state laws governing purchasing known as the Kentucky Model Procurement Act.
The Beshear Administration and the commission were at odds over Storm’s salary.
The commission, which is being represented by Attorney General Daniel Cameron’s office, is expected to appeal Wingate’s ruling.
“The commission previously voted to take this case to the Kentucky Supreme Court, if required, and we are planning to appeal,” Cameron spokeswoman Elizabeth Kuhn said.
Gov. Andy Beshear, in an email, described Wingate’s ruling as “a win for the people of Kentucky, who deserve a fiscally responsible, transparent government.”
“As Kentucky faces economic challenges from COVID-19, it is unfortunate that the attorney general and commission filed a lawsuit claiming they can operate without financial oversight of the public funds it collects from sportsmen and women,” Beshear said. “As we support the critical role Fish and Wildlife plays in the commonwealth, my administration remains committed to transparency and accountability.”
Wingate had held a hearing on the administration’s request to dismiss the lawsuit on Oct. 14 and had denied in September the commission’s request for a temporary injunction to block the Beshear Administration from firing Storm.
The commission has argued that it has sole authority in hiring Rich Storm as its commissioner and setting his salary. Beshear disagrees.
Plaintiffs in the law suit are Tourism, Arts and Heritage Secretary Mike Berry, whose cabinet oversees the fish and wildlife department, and Finance and Administration Secretary Holly McCoy-Johnson, whose cabinet handles state funds.
The fish and wildlife board voted 7-0 Aug. 12 to pursue the lawsuit after weeks of contention between the board and the Beshear Administration
In January, the board unanimously voted to give Storm, who became commissioner in January 2019 during the administration of former Gov. Matt Bevin, a new two-year contract at $140,000 a year.
The Beshear Administration offered Storm only a one-year contract, noting that the legislature this year enacted only a one-year state budget. When Storm did not accept it, the administration stopped his salary July 15.
The lawsuit said the administration has approved more than 900 contracts that extend beyond one year and that the money to pay Storm’s salary would not come from the state’s General Fund but from fees and federal funds.
Beshear has called the board’s action “silly” and has mentioned news stories back to 2014 that documented ethical problems and financial irregularities at the fish and wildlife commission.
He has focused on a December 2018 audit by State Auditor Mike Harmon, that said numerous laws had been violated at the department and “a cultural change” was needed.
The governor criticized the board for appointing Storm in January 2019 instead of going out of the department to hire its chief. Storm had been chairman of the commission and interviewed job applicants for the top position.
This story was originally published October 28, 2020 at 2:21 PM.
