May 5, 2007
 
 
Dear Deputy Commissioner Martinson,
 
Thank you for taking the time to write the April 27, 2007 letter acknowledging the receipt of my complaint that Messrs. Ron Payer and Timothy Goeman violated the Data Practices Act (DPA).
 
I understand that emails are temporary and even if Messrs. Payer and Goeman had failed to immediately delete a potentially damaging email they would have a second opportunity to do so as they privately searched their computer for documents.
 
For the record so there is no misunderstanding Mr. Goeman failed to provide letters dated July 12, 2006, August 30, 2006, March 18, 2002, March 28, 2002 and November 12, 2002.  Clearly those documents are part of my permanent file and thus still available to anyone with access to my file.  Also missing from the documents are a fish species list dated November 3, 2006 (sender unknown) and a copy of statute pertaining to licensing (also sender unknown).  Those documents are obviously still available to the person who sent them to the Governor's office.
 
I have no doubt that the argument will be made that since those documents are in my possession that there was no need to resend them but that misses the major point that I am entitled to know what information the MN DNR Fisheries gave to the Governor's office. 
 
Copied below is my March 31, 2007 email to you showing the extremely low level of professional ethics that pervades the fisheries section under the leadership of Mr. Payer.  The refusal to comply with the DPA is just further evidence.  I believe this is not only tolerated but encouraged by Mr. Payer.
 
I will continue to look for ways to hold Mr. Payer etal accountable for the retaliation that has crippled my farm.
 
Sincerely,
John Reynolds
Midwest Fish and Crayfish
26385 County Road 3
Merrifield MN 56465
 
 
 
 

March 31, 2007

 

Dear Deputy Commissioner Martinson,

 

I received Mr. Timothy Goeman’s March 26, 2007 letter disputing that Mr. Payer etal illegally removed 34 indigenous species from my license in 2001 six weeks after I filed an ethics complaint against Mr. Wingate for giving false testimony to the legislature.

 

His letter is so full of falsehoods that it’s hard to know where to start.

 

  1. Mr. Goeman personally approved my New Pond Approvals (1998 and 2001) for the ponds that he claims he didn’t know anything about until December 20, 2001.  As you can see by the 1998 document provided in the link below the ponds are clearly located on the east side of Rebel Road both in text and drawing.  I specifically requested that they be licensed for all MN species the same as the ponds on the west side of Rebel Road.  Mr. Goeman’s signature is clearly visible on the New Pond Approval for the ponds that he now claims were never licensed.  Mr. Johannes has attempted to claim that a New Pond Approval is actually a renewal but common language does not support his bizarre interpretation. 

 

http://www.angelfire.com/mn3/dnrdocuments/1998approval.html

 

By viewing the 2001 New Pond Approval you can clearly see that I requested ALL MN species and that once again Mr. Goeman personally approved the ponds that he now attempts to claim were never licensed.

 

The failure of the MN DNR Fisheries to issue a correct license after new ponds are approved is not an exemption from complying with MS 15.992.  This statute gives the DNR 60 days to deny, approve or request an extension.  Failing that the license is automatically approved after 60 days.  I do not believe that I have ever received a correct license from fisheries.  My current one contains mistakes.

 

http://www.angelfire.com/mn3/dnrdocuments/2001approval.html

 

                        The new (1998 and 2001) ponds are easily visible from Rebel Road.

 

  1. Mr. Goeman states that my license was corrected on January 8, 2002 and that the ponds were then licensed according to MS 17.4984, Subd.2(b).  When Mr. Goeman states “Your present license reflects these realities”.  he is deliberately leaving out the fact that it wasn’t until 2006 before all indigenous species were added to my license despite my repeated requests for the MN DNR Fisheries to comply with state statute..

 

  1. Since Mr. Goeman provided the 2001 license I would like to bring attention to the fact that my ponds were licensed for Orangespotted Sunfish (OSS species code).  This contradicts Mr. Goeman’s refusal to allow OSS anywhere on my facility.  He justified this violation by stating that “merely” because I was licensed for a species it did not mean he would allow it.  You can read his actual words in the document linked below.

 

http://www.angelfire.com/mn3/dnrdocuments/6101Goeman.html

 

In early March I provided you evidence that Messrs. Ronald Payer and Timothy Goeman violated the MN Data Practices Act.  According to the August 1, 2006 MN DNR Data Practices Act manual they are guilty of a misdemeanor and can be dismissed from public employment

 

This latest attempt to cover-up their ongoing unethical behavior is more cause for their immediate dismissal. 

 

This dispute may seem like a small matter but I assure you it is not.  The retaliation by Mr. Payer etal in 2001 crippled my small farm at a critical point and has forced me to work 2 jobs ever since.  It prevents me from doing anything more than hanging on instead of expanding my production in manmade ponds.  My farm using manmade ponds is the type of farm that the DNR is supposed to be encouraging.  I now go out of my way to warn people to avoid building manmade fish ponds because in MN a license isn’t worth the paper it’s printed on because there is no accountability in the DNR.

 

Sincerely,

John Reynolds

Midwest Fish and Crayfish

26385 County Road 3

Merrifield MN 56465

 

cc. legislative committees

Governor Pawlenty

Dave Schad