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Billy Malone And the National Park Service Investigaton At Hubbell Trading Post

Editor's note: Earlier this year the Traveler reviewed this book. The following review, which offers a somewhat different perspective, comes from Rick Smith, a long-time Park Service employee who rose up through the ranks to become one of its top managers.

This is a very difficult book for me to review for a couple reasons.  The first is the case itself.  It involves Billy Malone, the last real Indian Trader employed at Hubbell Trading Post for 24 years. 

Malone was among a small group of traders who ran their posts according to the old ways of doing things, probably in much the same manner as did John Lorenzo Hubbell and his family when they were still active.  He bought and sold jewelry and rugs without the kind of accounting accuracy that one would expect at a souvenir shop at Grand Canyon or Yellowstone. 

He accepted things on consignment and because many of his customers were unable to read or write, especially English, he often forged their signatures on the checks he cashed so that he could give them real money; most did not have bank accounts.  Although he worked closely with the NPS at Hubbell, he was an employee of the old Southwest Parks and Monuments Association, later to become the Western National Parks Association.  He was also, as were most of the old traders, a serious collector of Indian baskets, rugs, and jewelry. 

It is not difficult to imagine what happens when the new management team of WNPA is selected.  They begin a series of audits to try to determine what belongs to Billy and what belongs to the Trading Post.  Despite his sterling reputation among other traders and the inhabitants of the Navajo Reservation, they become convinced that Billy is guilty of defrauding the Trading Post.  They convince the NPS to open a criminal investigation into Billy’s activities.  He was also terminated from his job.  Everything goes downhill from there.

The criminal investigator assigned to the case makes a series of errors that would make a rookie protection ranger blanch.   During the raid on Billy’s house, he seizes far more (rugs, blankets, jewelry) than the search warrant authorizes. 

He does not maintain an adequate chain of custody of the seized property, even allowing the Executive Director of WNPA to drive one of the vans that contains a portion of the seized property.  When the criminal investigator in Tucson who has control of the property at WACC (Western Archaeological and Conservation Center) is on leave, he authorizes a locksmith to cut the lock on the storage room so that people can see what has been seized.  He withholds information that could be exculpatory from the Assistant US Attorney.  These and many other errors of omission or commission make this case a nightmare.

What is even harder to accept is that the investigator seems to be operating with the full consent and support of the senior managers of the Intermountain region, so much so, in fact, that when the second investigator assigned to the case, Paul Berkowitz, the author of this book, submits his final report he submits it not to the NPS, but directly to the Office of the Inspector General. 

Paul’s exhaustive investigation finally leads to the return of the seized property to Malone and a decision by the US Attorney to drop all criminal charges that had been filed against Malone.  In turn, Malone has filed a civil complaint in Federal District Court against many of the NPS personnel involved in the case.

What also makes this book hard to review is Berkowitz’ unflattering analysis of NPS culture, its law enforcement program and its senior management.  While he admits that there are lots of good NPS employees, he is relentless in his criticism of what he sees as corruption, cronyism, and lack of respect for law and policy within the ranks of NPS leadership.
 
To give you an idea of what I mean, here is his take on the Yosemite Mafia, “…"the humorous title proudly invoked by the group belies a darker side exhibited by many of its more powerful and influential members, lending altogether different meaning to the much- touted image of the NPS as a 'family.' Over time several of these powerful figures have variously been implicated in illegal activities ranging from trespassing and molestation, electronic eavesdropping and attempted blackmail, the use of government funds to pay off extortion attempts, the theft of government firearms, to even kidnapping and rape."  (To be absolutely fair, I am sure that I would be considered a member of the Yosemite Mafia.  Maybe that’s why that statement provoked such a strong reaction in me.)

Paul’s description of NPS culture and leadership does not square up with mine.  I went to dozens of superintendent’s meetings, worked in 7 parks, WASO and two Regional Offices.  The vast majority of the people with whom I came in contact were honest, hard-working, dedicated employees who wouldn’t think of using their positions to unfairly advance their careers or condone sloppy, incomplete law enforcement work. 

Oh sure, we can all think of exceptions to that rule, but Paul seems to make the exceptions the rule.  He is right about one thing, though.  The NPS is super resistant to change.  One only has to think of all the task force reports and committee deliberations that are gathering dust on shelves to confirm his assertion that the NPS culture is highly resistant to change and tends to ignore or punish different points of view.  Perhaps that’s one of the reasons that the agency ranks so low in the “best places to work in the Federal Government” surveys, especially in leadership.

I never worked with Paul so I cannot comment on his attitudes toward the NPS and his fellow employees except to say that I have always heard the rumor that he was sour on the NPS, especially its law enforcement profile, and his colleagues. 

But, this book is provocative and will make you think about the NPS and how it conducts itself, not only in this investigation, but also in its other activities.  I read it in two days; that’s how interesting I found it.  There are lessons to be learned here.  It will take me a couple days to figure out exactly what they are.

Comments

Hi Rick,  Is Rob Danno part of Yosemite Mafia by chance? Because I don't think those guys are immune to getting crosswise with a politically motivated NPS investigation going horribly awry. To me the Danno fiasco is another "fine" example of NPS managers encouraging federal agents to investigate and prosecute a target (often a whistle-blower) who is eventually redeemed. Theresa Chambers is another truth-teller who was punished by NPS leaders at the highest levels.
/2009/03/showdown-chesapeake-and-ohio-canal-national-historical-park
http://www.journal-news.net/page/content.detail/id/514262.html
Park worker found not guiltyJury finds that National Park Service’s Robert Danno did not steal


Andrea--

No, I don't think that Rob ever worked in Yosemite, at least that I can remember. His case did seem like a hose job from what litlle I knew of it.

Rick


As a 40 year employee of the NPS and one who has always chosen to challenge status quo and tradition (even when, inside, I actually agreed), I thought I would weigh in for a moment.  As in any agency, company, community and nonprofit, there are always larger shades of grey than there are black and white.  There are "insiders" and "outsiders."  People in power surround themselves with clones of themselves, whether good or bad, sometimes referred to as cronyism.  It is hard for Anyone not to begin to feel really intelligent and always right when their "circle" verifies it at every turn.  I remained on the "outside" on purpose, choosing to allow my career to go sideways, backwards and every once in while, by some fluke, also move up a step.  My first year in the agency I was told by an instructor at the Grand Canyon I was not Park Service material.  I took that as a compliment.  I believe that if everyone in the room is nodding yes to a statement or possible decision, then the wrong people are in the room.  All decisions need to be challenged and looked at from a series of perspectives, even when they are uncomfortable.  While I continue to be excluded from most decision tables or uninvited when I am accidently included, I will never stop asking "why" or throwing out another perspective.  The National Park Service has many flaws.  This book demonstrates how group thinking gets any organization into trouble.  I love the NPS, most of the employees and every unit (including affiliated units) in the system, particularly the "nontraditional" units.  Thank you to the author and his perspective.  This is an important book as it just might actually initiate dialogs that are long overdue.


Thanks to National Parks Traveler, this forum provides a mechanism for different perspectives to be voiced and discussed.  I understand the need for some readers to voice their opinions and concerns anonymously.  If there were not for the fear of administrative retaliation or social isolation by ones peers, it would be easy for those commenting to identify themselves.  Nevertheless, when there's blatant wrong doing within a Federal agency, and there's a lack of confidence and distrust with one's administrative chain of command, often the only recourse is to (a) remain silent, or (b) voice one's concerns in an open forum anonymously.  However, publically stated negative opinions that originate from employees within the agency are most difficult for an organization like the NPS which prides itself on its established positive public image.  Hopefully, Berkowitz's book, and the publicity given to it by National Parks Traveler, followed by the multiple viewpoints and experiences offered in online commentary by anonymous and self-identified readers, will result in an overall positive change within the NPS ranks and organizational culture. 


Well, Owen, we're waiting for the epiphany to be received by NPS (or not).  I REALLY like to leave the door open for such an occurrence (and will).  The challenge for those in command is that so much has been invested in disfunction temptations to grease things into something quite less than transformation.  I welcome a change of direction (for the aircraft carrier so to speak) but if the direction is without REAL attempts at righting the wrongs of the principles in the Hubbell screwup and in other National Park holdings by some of the same individuals in other locals, it won't be enough.  Just invoking all the pleasing environmental buzz words that are used in many situations to cover this kind of behavior is getting less and less believable.  So many want the best for our National Parks but don't like being played.  


Read the IG report if you do not believe the Berkowitz book. Everything is in the report.


Hey Hank, sorry if I gave the impression that the book was not believable or factual.  I believe it IS .  I've had experiences with one of the principles involved and it's quite in his/NPS's character, I believe.   A humbling is in order.


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