California Folks -- What the subverted OHMVR Commission has accomplished

Ed A. Stevens

NAXJA Member
NAXJA Member
Besides not agreeing to fund many of the OHV recreation grants this year and none of the OHV Law Enforcement grants (including the grants counted on to assist El Dorado County manage the Rubicon), the Wildlands members of the OHMVR Commission voted approval of the following policy.

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http://ohv.parks.ca.gov/default.asp?page_id=24182

DESERT RIPARIAN AREAS POLICY
OHMVR Commission


Because desert riparian areas are very important for wildlife, water quality, and non-motorized recreation, and California has already lost over 90% of our desert riparian areas, Desert riparian lands should be conserved and restored, and protected in their natural state. ORV recreation should not be expanded, encouraged, or maintained in fragile desert riparian landscapes.
It is the policy of the Commission that absent extraordinary and demonstrable need, it will not to fund or support any grants or cooperative agreements which will directly or indirectly encourage, increase, or maintain off-road vehicle use in or through the bed, bank, or channel of any existing desert riparian botanical area. The Commission shall maintain a list of priority Desert Riparian lands and shall evaluate the list at least every five years to maintain the integrity of these protected areas. The Division shall not solicit or approve any grant or cooperative agreement which will develop or reestablish OHV use in a desert riparian area unless exempted from this policy by noticed vote of the Commission.

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The folks who voted for this policy were (& are) all appointed by the state Legislature. Those who support OHV recreation on the OHMVR Commission were all appointed by the Governor (Davis, and the new guy). The point to heed is that complaints to the Governor will not help more than what has already been accomplished from the Executive Branch. We need to make noise, calls and make written complaints, to our State Assembly and Senate members that OHV funds (including State fuel taxes) are being abused for policies not beneficial to OHV enthusiasts. The goals of our OHV related taxes and license fees are not being fairly represented by the OHMVR Commission members appointed by the Legislature, and we need the members appointed by the Legislature to change (throw out these bums and appoint moderates who understand OHV recreation).
 
Something along the lines of what BRC is asking us to send, needs to be sent to our Legislators.

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Dear OHV advocate or club leader,

As many of you know, the green majority on the CA OHV Commission continues to misuse their positions to promote
an anti-OHV agenda using OHV Trust Funds, etc. (see news release on subject at www.sharetrails.org )

It is important for Sec. Mike Chrisman to hear from you about this subject. Your letter does not have to be long, but please
Mail and Email a letter today.

Thanks,

Don Amador, BRC
PS: I have enclosed below the BRC letter sent on Dec. 14.


----- Original Message -----
From: Don Amador
To: Mike ChrismanSECRES

Cc: John BaierAUDIT ; Norm CallowayAUDIT ; Ana ClarkAUDIT ; Daphne GreenOHMVR ; Trudy ThomasSENMORROW

Sent: Wednesday, December 14, 2005 11:46 AM

Subject: BRC Complaint Against OHMVR Commission Dec 15


ORIG. MAILED ON BRC LETTERHEAD



December 14, 2005


(Sent via Email and U. S. Mail)


Mike Chrisman, Secretary of Resources

Resources Agency

1416 Ninth Street, Ste. 1311

Sacramento, CA 95814


Re: Compliant Against OHMVR Commission


Dear Secretary Chrisman:

On behalf of the BlueRibbon Coalition (BRC), a national non-profit recreation group, please accept this letter as a formal complaint and request for an investigation against the California Off-Highway Motor Vehicle Recreation (OHMVR) Commission. This request is based on the apparent unethical, and potentially illegal, board actions taken at the OHMVR Commission Grant Hearings on December 8th-10th, in Sacramento.

BRC requests your Agency take the appropriate action against the Commission as their actions appear to have violated the regulations, developed by the OHMVR Division, and appear to be in violation of the spirit of public meeting laws.

As you know, I remain concerned that an anti-access majority of the Commission continues to violate the public trust via an effort to manage the Division and functionally exclude the general public, county supervisors and sheriffs, federal agencies and recreation groups from the decision-making process. This concern is also shared by the authors of the following document: Bureau of State Audits Report 2004-126: Off-Highway Motor Vehicle Recreation Program.

At the meeting, the Commissioners voted to pass policies which were being raised for the first time. These policies were passed over the objections of the Division, agency representatives and members of the public who attended the meeting. Since the proposed policies were revised the day before the meeting, there was not sufficient time for any party to adequately address the issues which were raised in these far-reaching policies. The Commission approved them despite the strong objections. These anti-access and pro-closure Commission polices appear to be in conflict with the recreation tenets of Public Resources Code 5090.02. In fact, a significant number of policies enacted would actually decrease the amount and quality of off-highway vehicle (OHV) recreational opportunity in the State, while not directly achieving any significantly higher level of resource protection.

This year the Division implemented new emergency regulations approved by the Office of Administrative Law. These regulations outlined a new competitive program based on a process to evaluate, score and make funding determinations for grant applications. This process addresses the concerns raised in the BSA Audit of the OHMVR Program which called for a Grants and Cooperative Agreements Program based on a true completive process, not one which is arbitrary and subjective. BRC is concerned that despite this clearly defined and accountable process, three or more OHMVR Commissioners developed their own “pre-approved” grant list (see attached) with predetermined funding levels developed outside the public process. They appeared to “dry-lab” the scoring criteria number to match the fiscal amounts (in red numbers) on the score sheet. This appears to violate California public meeting laws, as the general public did not have access to these “red” numbers. A review of the transcripts should reveal these disturbing and unfortunate actions by the Commission. As you know, BRC’s objection to this type of “backroom deal making” was stated on the public record in 2003 at the OHMVR Commission meeting. At that time, other citizens and rural recreation interests expressed similar concerns. It is particularly disturbing that two years have passed and the disregard for public process has only become more pronounced.

In addition, we have serious concerns about the rude and aggressive behavior of individual Commissioners towards members of the public, the Division, and in particular, Deputy Director Greene. This illustrates their unwillingness to work towards a “shared vision” as identified in the BSA Audit.

Based on the findings of the recent BSA Audit of the OHMVR Program, on September 8, 2005, every major OHV organization in California sent a letter to Senator Bill Morrow asking for legislative hearings on the OHMVR Program by the Joint Legislative Audit Committee. One of our tenets was (and is) the abolishment of the Commission. I believe their actions last week have made our case for us.

BRC believes in an open and public process and looks forward to working with your Agency to help restore public trust to the OHMVR Program.

Sincerely,





/s/ DON AMADOR





Don Amador

Western Representative

BlueRibbon Coalition, Inc.

555 Honey Lane

Oakley, CA 94561

Office: 925.625.6287



cc: Senator Bill Morrow

OHMVR Division

Bureau of State Audits



Attachment: “Red” Commission Grant Sheet

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It's pretty clear here at the Resources Agency that something needs to be done about the OHMVR. The staff level folks over there really want to do the right thing, but they are constantly thwarted by the legislative appointees.

I'll have wifey send a letter.
 
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