“Who really runs DNR?” from the January 19, 1978 Door County Advocate
DNR--see how it runs
Who really runs DNR?
PART II
By HARVEY ROWE
Who controls the Department of Natural Resources: (a) the governor? (b) the legislature? (c) the people? If that question were asked in a questionnaire the chances are good that the answer would be (d) none of the above.
To a degree this is true, as DNR was purposely established as an “independent” agency of state government, constituted differently than most departments. This was done supposedly to “keep politics out” of two sensitive areas — conservation and environmental protection.
To most people DNR remains an enigma — a puzzle — understood only to the extent that it has broad powers which it freely exercises, but the agency is seemingly answerable to no one.
The facts are that DNR is answerable to the governor and legislature in terms of its budget, allocation of staff positions, and even as to power. These elected officials could, if they so desired, reduce DNR’s power — or even abolish the agency.
The DNR differs from most agencies in that its Secretary (department head) is appointed by a seven-member citizen board instead of by the governor. This part-time board serves without pay, determines policy for the department, and has the power to make “administrative rules” which have the power of law.
The lawmaking function is a carryover from the old Conservation Commission, which was given this power by the 1937 legislature, except now the power is greater because the DNR has additional duties — such as environmental protection.
Board members are appointed by the governor, with the approval of the State Senate, for six-year terms. Appointments are staggered so that, in theory, no governor can name all of the members unless he serves more than one four-year term. This supposedly gives the board greater stability, since the entire board does not change after each election.
In theory this minimizes partisan politics. However, few of those who have served on the board are without political ties to the political party of the governor making the appointment. Having “holdover members” on the board merely delays changes a new administration might want to make in DNR top staffers.
What is significant about appointees to the DNR board, however, is that — regardless of party — they usually become avid defenders of the DNR philosophy. This can be attributed to the fact that all recent governors — regardless of party — have been DNR supporters. It is not likely that a DNR antagonist would have been named to the board.
Knowles supported DNR because he helped originate it. Lucey, last spring, at one of his “town meetings” said he supported leaving DNR as it is, and would oppose tampering with its structure. In late 1977 Schreiber was quoted by a Green Bay television station as opposing legislation to divide the department.
The most significant factor perpetuating DNR’s power has been the support — and lack of opposition — from the governors. Most of the time they have remained conspicuously silent about it — avoiding the issue whenever possible. Lucey was critical of some DNR administrators whom he wished to replace with his own people — but he supported the department and its powers.
Lucey, however, wanted the power to directly appoint the DNR Secretary. This suggestion met with such hostility that it became obvious that another approach would have to be used.
Then, to keep everything looking “non-political,” Secretary Lester Voigt was named to a newly created position in the agency and permitted to serve there until his retirement. This created a vacancy in the office of Secretary, and the board named Anthony Earl to the position.
Earl is a former Marathon county legislator who has been a close political ally of Lucey. At the time of his appointment he was serving as Lucey’s Secretary of Administration. He is respected as having been a capable legislator and administrator.
Andrew Damon, Deputy Secretary under Earl, is a career civil servant. He also serves as Administrator of the Law Enforcement Division. This dual-capacity makes him one of the most powerful men in the DNR.
His enforcement people, for example, make arrests and file complaints against violators (such as incinerator operations).
The attorneys who prepare these cases also come under Damon’s supervision, as the Bureau of Legal Services is attached to the Secretary’s Office. If a violator appeals the action the appeal is heard by a hearing examiner — also supervised by Damon.
The power of more than 2000 career employees in DNR cannot be underestimated. Some have risen to high supervisory positions over the years, and have considerable input into day-to-day departmental operations. Many career employees, with years of indoctrination in DNR philosophy, continue to carry out their duties in the same manner, regardless of who occupies the position of Secretary, or who sits on the board.
The board, too, has been known to be partial to recommendations coming from the professionals in the department. Such groups as the Conservation Congress, established to “advise” the DNR, find that their advice often is discarded when departmental professionals advise differently.
Thus, insiders in the department constitute one of the strongest pressure groups exerting control over the DNR.
The influence of board members varies with the individual. The chairman is usually quite influential. Tom Fox, recent chairman of the DNR board, submitted his resignation in November 1977, when he was appointed Legal Counsel to Acting Governor Schreiber. Since another member has also recently resigned the acting governor will make two appointments to the board for terms which otherwise would have expired later.
DNR watchers, along with Secretary Earl, will pay particular attention to Schreiber’s appointments to these vacancies as it may give some indication if the acting governor plans for any changes in the DNR administration. Four members of the board constitute the majority and unless there are other resignations or vacancies the next regular appointment would not occur until May of 1979.
Who really runs the DNR? No single individual or group does; although the Secretary, board members, the governor and career administrators — along with tradition — all contribute to its management.
DNR’s source of power is the philosophy which dictates that its composition, structure and “independence” is a sacred trust that must not be violated; a tradition which transcends the usual concept of representative government by singling out certain areas in which technocrats and specialists are considered better qualified to make decisions. It is the not-so-benevolent dictatorship protecting people against themselves.
One thing is certain...the people don’t control the DNR — it controls them.
Courtesy of the Door County Library Newspaper Archive
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