Report of Investigation

State of Ohio

Office of the Inspector General

RANDALL J. MEYER, Inspector General

Report of Investigation

AGENCY: OHIO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY

FILE ID NO.: 2018-CA00042 DATE OF REPORT: OCTOBER 24, 2019

The Office of the Ohio Inspector General ...

The State Watchdog

"Safeguarding integrity in state government"

The Office of the Ohio Inspector General is authorized by state law to investigate alleged wrongful acts or omissions committed by state officers or state employees involved in the management and operation of state agencies. We at the Inspector General's Office recognize that the majority of state employees and public officials are hardworking, honest, and trustworthy individuals. However, we also believe that the responsibilities of this Office are critical in ensuring that state government and those doing or seeking to do business with the State of Ohio act with the highest of standards. It is the commitment of the Inspector General's Office to fulfill its mission of safeguarding integrity in state government. We strive to restore trust in government by conducting impartial investigations in matters referred for investigation and offering objective conclusions based upon those investigations.

Statutory authority for conducting such investigations is defined in Ohio Revised Code ?121.41 through 121.50. A Report of Investigation is issued based on the findings of the Office, and copies are delivered to the Governor of Ohio and the director of the agency subject to the investigation. At the discretion of the Inspector General, copies of the report may also be forwarded to law enforcement agencies or other state agencies responsible for investigating, auditing, reviewing, or evaluating the management and operation of state agencies. The Report of Investigation by the Ohio Inspector General is a public record under Ohio Revised Code ?149.43 and related sections of Chapter 149. It is available to the public for a fee that does not exceed the cost of reproducing and delivering the report.

The Office of the Inspector General does not serve as an advocate for either the complainant or the agency involved in a particular case. The role of the Office is to ensure that the process of investigating state agencies is conducted completely, fairly, and impartially. The Inspector General's Office may or may not find wrongdoing associated with a particular investigation. However, the Office always reserves the right to make administrative recommendations for improving the operation of state government or referring a matter to the appropriate agency for review.

The Inspector General's Office remains dedicated to the principle that no public servant, regardless of rank or position, is above the law, and the strength of our government is built on the solid character of the individuals who hold the public trust.

Randall J. Meyer Ohio Inspector General

State of Ohio

Office of the Inspector General

RANDALL J. MEYER, Inspector General

R E P O R T OF I N V E S T I G A T I O N

FILE ID NUMBER: SUBJECT NAME:

AGENCY: BASIS FOR INVESTIGATION: ALLEGATIONS: INITIATED: DATE OF REPORT:

2018-CA00042

Robert Boyles Deputy Director Matthew Morgan Forest Manager 1 Charles "Dale" Egbert Shawnee Forest Manager Jonathan Bailey Bridge Worker 2

Ohio Department of Natural Resources, Division of Forestry

Complaint

Violation of Policies; Criminal Activity.

October 11, 2018

October 24, 2019

INITIAL ALLEGATION AND COMPLAINT SUMMARY On October 10, 2018, the Office of the Ohio Inspector General received an anonymous complaint against the Ohio Department of Natural Resources Division of Forestry (ODNR-DF), alleging that in the winter of 2017, a state logging crew harvested a "birds eye maple"1 tree at one of the state forests. (Investigators discovered that, although "birds eye maple," was specified in the complaint they received against ODNR-DF, the investigation actually involved curly soft maple.)

The complaint alleged Division of Forestry Assistant Director Robert Boyles instructed personnel to transport the tree to Shawnee State Forest, whereby the forest manager there was told to saw the tree into blocks of wood the size needed to make gun stocks. Once sawed, the wood was reportedly picked up by ODNR-DF Forest Manager 1 Matthew Morgan. The complainant alleged that the tree was valued at "several hundred dollars if not a thousand or more."

BACKGROUND Ohio Department of Natural Resources The Ohio Department of Natural Resources (ODNR) is charged with overseeing the use, preservation, and conservation of the state's natural resources through a wide variety of recreational and regulatory programs. The department's areas of responsibility include Ohio's wildlife, forests and other natural areas, state parks, inland lakes and waterways, geological and mineral resources, and the Lake Erie coastline. The department also regulates the issuance of hunting and fishing licenses and watercraft registrations, and enforces provisions of state law related to natural resources and conservation. Overall, the department is responsible for more than 640,000 acres of land and over 120,000 acres of inland waters.2

1 Birdseye maple is a rare and mysterious characteristic found in hard maple. There have been theories as to how Birdseye maple forms, but no scientific evidence has been presented to verify the true roots of its existence. The one-of-a-kind figure is sought after in all cultures by a multitude of woodworkers, craftsman, and artists. Birdseye maple is excellent for custom pool cues, musical instruments, furniture, and small items such as jewelry boxes due to its unique and amazing figure. . 2 Source: Biennial budget documents and ODNR website.

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APPLICABLE LAWS AND POLICIES Ohio Revised Code ?102.03(D) The Ohio Ethics Commission has stated that public employees are provided resources by their public agencies for the performance of their public jobs, and not for the public employees personal financial gain or benefit.3 Ohio Revised Code (ORC) ?102.03(D) prohibits a public employee from using public time, facilities, personnel, or resources for personal financial gain.

ORC ?102.03(D) also prohibits a public employee who engages in outside (non-state employment related) employment or business activities from using any state relationships to secure favorable treatment from another state employee regarding the private business interests.4

Ohio Department of Natural Resources Ethics Policy/Procedure ? It is the policy of the Department of Natural Resources to set forth rules to ensure all employees serve the State of Ohio in an ethical manner. ? Employees are prohibited from using state time, facilities, or resources to promote or conduct their private business. ? No employee shall use or authorize the use of the authority or influence of his/her office to secure anything of value for himself/herself, which is of such character as to manifest a substantial and improper influence upon him/her with respect to his/her duties.

Ohio Department of Natural Resources Policy #DNR-OLE-0013, Suspected Illegal Activity, states in part: V. EMPLOYEE SERIOUS WRONGDOING PROCEDURE

5.0 Whenever any state employee becomes aware of wrongdoing by any state employee, that employee shall immediately notify the Department Law Enforcement Administrator and or the Chief Legal Counsel of the department. The notification may be oral but shall be submitted in writing within 24 hours.

3 See, Ohio Ethics Commission Advisory Opinions 89-004, and 96-004. 4 Id.

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