Wednesday, April 02, 2014

Forest Service officials visit Taos Ski Valley to probe drug sweep

by Andrew Oxford

    A senior Forest Service law enforcement official will visit Taos Ski Valley this week to meet with local leaders as the agency conducts an internal review of a controversial operation in the resort community Feb. 22 that prompted complaints from tourists and residents alike.
    Capt. Cheri Bowen, from Coronado National Forest, and a "review team" will address concerns about the operation with the officers involved as well as executives, municipal officials and former Gov. Gary Johnson, who is a resident of the community.
    The visit, scheduled April 2-5, comes as Forest Service officials backpedaled on the incident and resort executives advised staff swept up in the saturation patrol to await the agency's internal review before paying any citations.
    "The intent of the visit is to determine what happened, what worked well, what didn’t work well, and what can be done better next time," Forest Service spokesperson Larry Chambers told The Taos News.
    The review was prompted by a slew of complaints and questions surrounding a saturation patrol at the resort during which four Forest Service Law Enforcement and Investigations personnel accompanied by a drug-sniffing dog issued 13 violation notices including five for possession of marijuana and one for illegal possession of prescription drugs. Three notices were also issued for expired motor vehicle registrations, two for speeding, one for driving without insurance and one for passing in a no passing zone.
    The officers also issued four verbal warnings.
    The sight of federal agents leading a drug-sniffing dog around vehicles in the ski area's parking lot and the unusually heavy traffic enforcement along State Road 150 rankled local residents as well as the visitors upon whom the area's economy depends.
    "People felt threatened, bullied, and because of this intimidation, felt violated and that they had no choice but to comply...," Taos Ski Valley Mayor Neal King wrote in a March 4 letter to a Forest Service Law Enforcement and Investigations official.
    The village did not dispute the right of federal authorities to patrol Forest Service land within the municipality, he added, nor did he dispute the constitutionality of the officers' actions Feb. 22.
    But King expressed frustration with the method in which the operation was conducted, writing that officers were "not personable and/or polite, but overbearing and aloof."
    Local leaders also felt caught off guard by federal law enforcement with the mayor adding officials "had no information for the reasoning behind the operation and [were] unable to give any positive responses to the many inquiries we received during and after this event."
    The ordeal left Taos Ski Valley, Inc. CEO Gordon Briner with one big question.
    "The thing we keep asking is who ordered this. Who thought this was a great idea?" he told The Taos News Monday (March 31), remarking that he had not seen anything like the Feb. 22 operation in his 16 years at the resort.





2 comments:

Floyd said...

I read an interesting phrase by an attorney once that said such actions amount to "oppression under color of office" and that is considered a crime in most states.
Note that the Forest Service boss named Chambers is using the complaints of citizens to devise how he is going to conduct the next raid! There should not have been first time and certainly should not be another incident like this anywhere; but the Forest Service already announced there will be more.

FLPMA provides a remedy for federal agencies such as the BLM and USFS if they, in fact, need law enforcement assistance. Sec. 303 ©(1) of the Act in the Session Laws states in pertinent part: “When the Secretary determines that assistance is necessary in enforcing Federal laws and regulation relating to the public lands or their resources, he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations….”
If the federal agency sees a need for law enforcement Congress told them to pay the local Sheriff

Frank DuBois said...

You are correct when it comes to Congressional intent and contracting with local law enforcement. However, that section only applies to Interior, not to USDA or the Forest Service. See the definition of Secretary.