A grievance has been filed against Ravalli County Commissioner Howard Lyons by an unidentified county employee accusing Lyons of intimidation and cover-up for conveying a threat from "a constituent" and then refusing to reveal who made the threat.

Attorney for the unidentified county employee, Stacey Weldele-Wade of Antonioli and Wade, P.C., informed Lyons about the grievance in a letter dated April 25, 2007. A redacted version of the letter was released by the county on Monday, April 30. In it, Lyons is accused of violating county personnel policies.

"(--------) grieves your inappropriate, intimidating and threatening behavior when on April, 11, 2007 you personally and repeatedly advised (---) that should (---) continue to perform (---) duties as (-------------) should 'Watch (---) back.' You further stated to (-------) that a constituent of yours had called threatening (-------) and complaining that (---) actions as (------------------------) for Ravalli County were interfering with their real estate plans. Although (-------) asked you to identify the constituent, you refused. You have continued your refusal to disclose the identity of the alleged constituent in spite of repeated requests of the Ravalli County Commissioners, the Ravalli County Attorney's Office, the Ravalli County Administrative Director and (----------------------). In light of the fact that (-------) has advised Ravalli County of prior acts of violence which have been perpetrated against (---) related to (---) work as (--------------------) your refusal to disclose the identity of the person threatening (------) is an intentional act of intimidation and cover-up," states the letter from Weldele-Wade.

Lyons is accused of engaging in conduct prohibited by county policy including behaving in an unsafe, discourteous, or disrespectful manner toward other employees, violating aspects of the county's Violence in the Workplace Policy, violating aspects of the County's Conflict of Interest Policy, engaging in unlawful activity while on the job, and "perhaps" utilizing county resources for private purposes, and violating the Montana Code of Ethics, among other things.

Lyons was accused of specifically violating Ravalli County's Violence in the Workplace Policy by making "threatening statements" and "remarks" as well as engaging in "aggressive or hostile behavior that communicates a direct or indirect threat of physical harm, or creates a reasonable fear of injury to another person."

In the letter Weldele-Wade states that her client did not receive satisfaction in Step 1 of the grievance process and was proceeding to Step 2. She stated that her client requests, at this stage, a formal written apology from Lyons, as well as disclosure of the identity of the constituent who telephoned Lyons with the threat. The complainant also asks for protection, and freedom from retaliation or retribution for making the complaint, and requests that Lyons make no further one on one contact with the employee.

Weldele-Wade did not return a phone call from the Bitterroot Star on Monday in time for publication.

Commissioner Lyons did return a phone call from the Star on Monday but declined to comment.

Arrests made following theft of dynamite

By Michael Howell

On Monday, April 23, the Ravalli County Sheriff's Office received a report of a break-in to an explosives storage magazine located on Sweathouse Creek Road, west of Victor. The storage magazine and explosives belong to Bill Clark for use in his quarrying operation. So far, five men have been arrested in connection with the theft of explosives from the shed and the investigation is ongoing.

Responding to the scene, Ravalli County Sheriff's Officer Matt Cashell discovered that the door to the shed had apparently been pulled off by use of a chain and a four-wheel drive vehicle. It is believed that somewhere around 250 to 300 pounds of dynamite and other explosives were taken from the storage unit. The detective also found a two party pay stub from a logging company at the scene that eventually led to the arrest of Brett and Cory Pritchard, of Victor, who were stopped along Highway 12 in Lewis and Clark County, near Helena.

The investigation included assistance from agents of the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) and the Lewis and Clark County Sheriff's Office. Lewis and Clark County Sheriff's officers detained 18-year-old Bret and 19-year-old Cory Pritchard who were later arrested on federal charges of Theft of Explosive Materials. The pair appeared in federal court in Missoula on Thursday, April 26.

Later that same day, two other suspects were arrested with the assistance of Missoula County Sheriff's Department and the ATF and a significant amount of explosives was recovered. Arrested were 23-year-old Larry Dean Faddis, Jr. and 21-year-old Donald Dean Casterline, both of Victor. Faddis was charged with Theft by Accountability and Possession of Explosives, both felonies. Casterline faces two counts of felony Criminal Mischief, one count of felony Theft, and one count of Possession of Explosives, also a felony.

Since then two other individuals have been arrested in relation to the case, 21-year-old Mike Wilson and 22-year-old Levi Kershaw.

Wilson called authorities and arranged to turn himself in. He was in possession of some of the stolen explosives when he was arrested.

Chief Deputy County Attorney Geoffrey Mahar called the investigation "confusing and attenuated." In his latest affidavit in the case against Kershaw, Mahar indicates that Bret and Cory Pritchard confessed after being apprehended and gave details of the incident as well as implicating Casterline, calling it Casterline's idea. The theft apparently occurred following two nights of drinking around a bonfire.

Detectives have determined that the perpetrators performed several acts of criminal mischief, including damage to an excavator along with an attempt to blow up a fuel tank. According to the affidavit, Casterline admitted to law enforcement that he put rags in the fuel tank.

Ravalli County Sheriff Chris Hoffman said that determining the exact amount of explosives stolen has been difficult since the inventory list kept at the site was destroyed as well as a number of boxes that contained the explosives.

Heather Moore, who lives with Bret Pritchard, according to the affidavit, confirmed that she witnessed the burning of the evidence and the hiding of the explosives. She also identified Mike Wilson and Levi Kershaw as involved in the theft.

Faddis has admitted, according to the affidavit, that he helped Casterline move some boxes from the Pritchards, but claims he did not know what was in the boxes or that they were stolen. Statements from Bret Pritchard contradict this claim, asserting that based on his conversations with him that Faddis was aware that the boxes contained stolen explosives.

Faddis and Wilson were brought before acting Justice Court Judge Dustin Chouinard on Thursday. Faddis' bail was set at $35,000. Wilson's was set at $25,000. Kershaw, who was out on felony probation for a vehicle theft, went before Judge Jim Bailey on Friday and his bail was set at $150,000. Kershaw faces three charges totaling a possibility of 30 years in prison and $150,000 in fines.

Mahar said that all the perpetrators would most likely end up facing federal charges in federal court.

Sheriff Hoffman said that the investigation was continuing and that "We are going to stay with this until we're confident that we have recovered everything and gotten everybody that was involved." Hoffman said that he was very pleased with the performance of his officers and had words of praise for the other cooperating agencies.

"It speaks to the importance of retaining good working relationships with other counties throughout the state and the federal agencies like the ATF," said Hoffman.

Conservation Roundtable annual awards announced

By Michael Howell

Chris Clancy, local fisheries biologist for the Montana Department of Fish, Wildlife and Parks, is this year's recipient of the Arnold Bolle Award. The award is named after the late Dr. Arnold Bolle, whose life demonstrated an unparalleled commitment as a professional and as an individual to conservation. It is presented annually to a professional in natural resource management or environmental protection.

Clancy began work with Montana Department of Fish, Wildlife and Parks in Region 7 in 1978 first as a fisheries field technician surveying fish populations in small prairie streams. After receiving his masters degree he came back to Region 7 as a Fisheries Biologist and began collecting fisheries information on the Tongue River near the proposed MONTCO coal mine. His information was used in the final EIS.

From 1980 t0 1989 Clancy worked out of Livingston and was responsible for the Upper Yellowstone River drainage. This included 310 responsibilities for Park and Sweetgrass counties; annual fish population estimates on four sections of the Yellowstone River; and analysis of the effects of wading pressure on spawning fish in Nelson Spring Creek. He was recognized by Pat Graham for his contribution to identification of pure Yellowstone cutthroat stocks and for his early recognition of the importance of native fish management in Montana's high profile blue ribbon trout streams.

From 1989 to the present Clancy has worked as fisheries biologist in Hamilton, responsible for the Bitterroot River drainage, including 310 responsibilities with the Bitterroot Conservation District.

Early in Chris' career he recognized the importance of native species in fisheries management and that many of the native fish needed special help to survive and contribute to the state's sport fisheries. He has been a leader in this area throughout his career. Chris has served as the chairman of the scientific group appointed by the Governor's Bull Trout Restoration Team. This committee's job was to guide the restoration team in developing a Montana Bull Trout restoration plan for the governor.

He also led the charge in Region 2 to get catch and release regulations for westslope cutthroat trout, which has led to substantial increases in cutthroat trout populations in many streams. He has been a staunch advocate for planting only westslope cutthroat trout in mountain lakes.

Chris has a rather unique approach to public debates on political issues. He recently addressed the Montana Chapter of the American Fisheries Society about the general importance, indeed the ethical obligation, of all professional scientists, but perhaps especially those working for the public, to provide good information in these debates. This past year, his efforts in providing an informed, professional voice in the politically volatile debate in Ravalli County over potential streamside setback regulations is an example of his approach.

Clancy has worked diligently to help the Bitterroot Conservation District enforce Montana's bedrock conservation law, the Natural Streambed and land Preservation Act of 1975, often called 310 Law.

Bob Benson received the Don Aldrich Award. Named after the late pioneer Montana conservationist Donald Aldrich. This award is presented to an individual for service in the area of natural resource conservation or environmental protection over a long period of time.

Colleagues recognize Benson as the consummate volunteer, and are grateful not only for his expertise and enthusiasm over the years but also because of the pleasant and respectful way he interacts with others. Bob most always wears a smile! Thousands of hours of his time given over nearly four decades have gone into initiating and supporting natural resource conservation organizations and projects. He was one of the founders of the Clark Fork Coalition over 20 years ago. He has been a volunteer field auditor for the State's Forest Practices Program, aimed at promoting best management practices. This has involved 10-14 days every other summer for Benson, traveling in western Montana to logged sites and with a team to evaluate whether forestry practices were applied and effective. He spent countless hours in the field, trudging up and down mountainsides and streambanks, coming up with practical solutions to sediments and erosion problems that can be caused by roadbuilding and timber harvest. Benson's participation has measurably helped improve forestry practices in western Montana.

He has worked on Superfund issues all up and down the river, and most recently is involved in water and cleanup issues in the upper Clark Fork, both as a member of the Upper Clark Fork River Basin Steering Committee, and as a board member for the Clark Fork River Technical Assistance Committee. He knows the history and background of all the Superfund issues, and he stays informed and up-to-date.

Recipient of the Burk/Brandborg Award this year is Land Tawney. The Burk/Brandborg Award is named after conservation writer Dale Burk and the late forest conservationists Ruth and G.M. (Guy) Brandborg, whose efforts on the national forests of Montana and elsewhere on behalf of forest conservation, wilderness and watershed protection over several decades encouraged and inspired individual activism in a variety of forms on behalf of natural resources and the environment. The award is presented on special occasion to the person whose contributions in a given year are seen as an outstanding individual contribution to natural resource conservation or environmental protection by a volunteer citizen-activist.

Recipient of the Burk/Brandborg Award this year was Land Tawney. A 2000 graduate of the University of Montana, Tawney worked for a newly formed sportsmen organization called the Theodore Roosevelt Conservation Partnership (TRCP) as their National Grassroots Coordinator. After four years working for TRCP, he began working in the fall of 2004 for the National Wildlife Federation as their Regional Representative for affiliates in Montana, Idaho, North and South Dakota. He sits on the board of the Phil Tawney Hunters Conservation Endowment which gives out grants and scholarships to promote conservation and the sportsmen's ethic in memory of his father, Phil Tawney, and the Hellgate Hunters and Anglers.

Land was honored for his efforts this year in organizing the Montana Lawmakers Sportsmen's Caucus - a bipartisan group of 45 legislators committed to preserving Montana's hunting and fishing heritage. In addition, he just completed a two-year term on the Montana Public Lands Public Wildlife Council and has applied for reappointment to another two-year term. He is a co-founder and board member of the Missoula-based Hellgate Hunters and Anglers sportsman's organization. In these efforts, Land has proven to be a great strategist and powerful motivator.

A Lifetime Conservation Award was given posthumously to Phil Tourangeau, who died on September 28, 2006. Tourangeau was involved in the Clark Fork River Superfund Site from its inception. During the early seventies he was the lab manager for Dr. Clancy Gordon at the University of Montana. During this time he was intimately involved in research concerning the impact of large industrial sources of air pollution on trees and other plant life. Tourangeau served as an expert witness or scientific resource in several landmark lawsuits which tied industrial air emissions to the economic impacts of those emissions on neighboring forest and agricultural interests. During this time he also taught field collection and lab analysis techniques in Dr. Gordon's lab.

He served as acting director of the UM's Clancy Gordon Environmental Science Laboratory when it first analyzed samples of sediment from Milltown Reservoir and found elevated arsenic levels. These results assisted UM researchers in identifying the sources of contamination, which, in turn led to the designation of the Milltown Reservoir Sediments Operable Unit on the Clark Fork River Superfund Site.

He served for 12 years as the Natural Resources Damages Coordinator for the Confederated Salish and Kootenai Tribes and one year for the National Park Service at Grant Kohrs Ranch.

Reflecting on Tourangeau's service and its impact, Montana Attorney General Mike McGrath stated: "He represented the Tribes well in [Upper Clark Fork River Basin Remediation and Restoration Advisory] Council matters, assuring that the Tribes' views were effectively voiced and addressed. He consistently and constantly sought protective and effective remediation and restoration of natural resources in the Clark Fork Basin. He brought his valuable technical expertise to the Council and a strong dedication to the tribal and public principles embodied in the Clark Fork natural resource damage litigation and settlement. He challenged us to keep those principles at the forefront of our decision-making and engaged us in insightful dialogue. He did so in a quiet, respectful and professional manner, often working behind the scenes to help resolve conflicts. He contributed greatly to the decisions and achievements of the Council.

"Phil also provided valuable assistance in coordinating tribal support of the natural resource damage litigation at trial and when it was threatened, and he helped bring the parties together to reach the settlement that led to the restoration activities of the Program and Council. In addition, he was instrumental in the Milltown settlement and planning for the restoration of the two rivers. He was a faithful environmental advocate in his life's pursuits. We will sorely miss him."

The Conservation Roundtable presented the awards at its annual banquet last Thursday in Missoula.

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