Case Document 22-4 Filed 12/16/16 USDC Colorado Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 2016~cv~2897 DEANNA MEYER, BOTH INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF THE TRUE INTERESTS OF WILDLANDS DEFENSE, INC, Plaintiffs, v. BRIAN ERTZ AND WILDLANDS DEFENSE, INC, Defendants. AFFIDAVIT 0F NATALIE ERTZ IN OPPOSTION TO MOTION FOR PRELIMINARY INJUNCTION All Exhibits referenced herein and attached hereto are hereby incorporated herein by reference. 1, Natalie Ertz, of lawful age, being ?rst duly sworn upon her oath, depose and say: 1. From December 2014 until present, I serve as Executive Director of WildLands Defense, Inc. and a member of the WLD Board of Directors. 2. In my role as Executive Director, my job duties are speci?ed in Article VI, Section 7 of the WLD Bylaws. The Bylaws articulate that the Executive Director position is a paid position. 3. My professional opinion is that focusing wildland and wildlife advocacy efforts on oversight of, and public challenge to, public land management decisions and wildlife agency management decisions at the local, state, and federal governmental levels is the 1 062 Case Document 22-4 Filed 12/16/16 USDC Colorado Page 2 of 23 most ef?cient and effective mode of public interest environmental advocacy available to WLD. I believe that state and federal challenges provide better avenues of effective public engagement that are likely to have substantial impact and preserve more wildlands and wildlife, and the policies that govern their administration, than efforts aimed at individual private actors. 4. At ?rst, I was not compensated for my work as Executive Director. 5. On June I9, 2015, the Board held a meeting to vote on modest compensation for contracted work by Deamia Meyer, Brian Ertz, Katie Fite, and myself. A copy of the meeting minutes for June 19, 2015 Board meeting is attached here as Exhibit 1. The Board, including Plaintiff, unanimously approved compensation for Deanna Meyer at $1,000 per month, Katie Fite at $2,500 per month, Brian Ertz at $2,500 per month, and myself at $1,000 per month. The Board also gave authority to myself to spend money on organizational expenses sparingly, not to exceed, $100,000. 6. On or about January 9, 2016, the WLD Board voted to bring on two additional members of the WildLands Defense Board of Directors: Dave Hayes of Idaho and Linda Van Nostrand of Colorado. The Board held interviews, deliberated at length, and ultimately voted unanimously to bring both members onto the Board. During the same meeting, the Board discussed the advisability of consulting an independent attorney and an independent Certified Public Accountant about formally conducting an independent ?nancial study to inform the formation of an independent ?nancial committee of the board to consider, deliberate, establish, approve and ratify, or deny, fair rates of compensation for contract support, and also to approve and ratify, or deny, existing contracts where a conflict of interest existed among board members given concurrent roles within the organization. 063 Case Document 22-4 Filed 12/16/16 USDC Colorado Page 3 of 23 A copy of the January 9, 2016, Board meeting minutes is attached hereto as Exhibit 2. 7. in addition to my Executive Director duties, I performed the following tasks in furtherance of the Prairie Program: Research on general prairie ecosystem, prairie dogs? role in the food chainfeffeet on endangered species; Coordinating with local activists/contractors enlisted to help with campaign; Writing press releases associated with campaign; Research shortgrasshnidgrass prairie ecology and native species; Developed a land re-vegetationfrehabilitation strategy for prairie dog relocation; Ongoing research on prairie ecologyr?species; Developing/designing and coordinating promotional materials (tshirts, cards, prairie poster); Coordinating/working with/contracting burrowing owl expert, David Johnson, on bibliography on Endangered Species Act petition; Research burrowing owl/blaek-footed ferret; Research poisons used to kill prairie dogs (Rozol/Kaput); Draft Freedom of Information Act Request regarding national grasslands ferruginous hawk, programmatic research; Attend Boulder County Fair promoting prairie ecosystem conservation; and Coordinating/working with Karen Breslin to develop state petition regulating the use of poisons and to protect and enhance burrowing owl habitat. 8. Katie Fite has performed the following tasks in furtherance of the Prairie Program: 064 Review of prairie dog status and literature, work on species inhabiting prairie landscape/prairie dog range; Freedom of Information Act (FOIA) requests and review of protracted agency process and records; Colorado site visit, public lands assessment, and grazing allotments on prairie range; Research on prairie ecosystem, prairie dogs and related species including endangered and threatened species; Review of Colorado Open Records Request documents, meeting tapes, emails to EPA and local agencies; Research and review of current actions on public lands associated with prairie dogs, burrowing owl, black footed ferret, ferruginous hawk and their habitat in CO, WY, UT, OR, WA, NV, ID, MT, ND, and Submittal of interested public requests for public lands allotments in Colorado and throughout prairie ecosystem; Case Document 22-4 Filed 12/16/16 USDC Colorado Page 4 of 23 I Review of prairie dog petitions, literature, agency actions, climate info, to determine if new Endangered Species Act Petition effort warranted; I Research and review to identify issues of focus for prairie program; 0 Research federal agency de?ciencies regarding burrowing owl, fcrl'uginous hawk, and poisons used to kill prairie dogs; 0 Submittal of FOIA requests to EPA and U.S. Fish and Wildlife Service and review of poisons and impacts on prairie species (Roaol/Kaput); - Submittal of Colorado Open Records Act requests and review documents regarding Boulder County use of poisoning to kill prairie dogs; - Compile documentation of prairie dog poisonings with EPA and and I Conduct outreach and draft articles regarding public land protection. 9. WLD has retained and worked with Colorado attorney and environmental expert, Karen Breslin, on the following conservation efforts: strategic development of a number of potential litigation opportunities on state parks, as well as citizen petitioning processes via the Colorado Administrative Procedure Act with the CDA and a potential lawsuit against CPW for the poisoning prairie dogs at Cherry Creek State Park; petition to protect burrowing owls; and potential mlemaking/ legislation at local, state, and federal level to control use of poisOrls on prairie dogs. 10. WLD has also retained David Johnson for a Burrowing Owl Protection Project to develop scientific record that supports a petition to the U.S. Fish and Wildlife Service for listing of the burrowing owl as a threatened species under the Endangered Species Act, as well as a petition for rulcmaking to the Colorado Commission on Wildlife to protect burrowing owls. 11. In June 2016, WLD Board members Dave Hayes and Linda Nostrand volunteered to serve on a WLD Compensation Committee facilitated by Certi?ed Public Accountant Ryan Stratton. 12. On June 15, 2016, WLD Board member Dave Hayes asked for information related to WLD contractors? professional performance. These contractors, including 065 Case Document 22-4 Filed 12/16/16 USDC Colorado Page 5 of 23? Deanna Meyer, provided their work for WLD and experience to Mr. Hayes. A copy of these communications are attached hereto as Exhibit 3. 13. On June 30, 2016, the WLD Compensation Committee (?Compensation Committee") issued its Findings and Recommendations. A true and correct cepy of this report is attached hereto as Exhibit 4. The ?ndings of the Compensation Committee established approved amounts of compensation for myself, Deanna Meyer, Katie Fite, and Brian Ertz. 14. WLD has received public grants in the amount of $13,100.00 and private donations in the summit of $26,464.14 since its inception in December 2014. Further the af?ant saith not. WM Natalie Etta. Candi? xii-3" midi?hc? Canada; nt if?l?il?i?fi .5.) 'lhe foregoing instrument was acknowledged before me this day of December, 2016, by Natalie EH2. WITNESS my hand and of?cial seal. My commission eXpires: lZ/ 021 await/J 771?: mowing) nesh?'iwer; Notar Public ?(iaww 17E- - some)? 1% i .nitw??I 1 .5. ?l'a'tllu?l'l ii. [willie ix?. .. 0* f?Eor m0" WI rr1 rit"? 066 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 6 of 23 067 Exhibit 1 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 7 of 23 068 Exhibit 1 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 8 of 23 069 Exhibit 2 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 9 of 23 070 Exhibit 2 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 10 of 23 071 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 11 of 23 072 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 12 of 23 073 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 13 of 23 074 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 14 of 23 075 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 15 of 23 076 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 16 of 23 077 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 17 of 23 078 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 18 of 23 079 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 19 of 23 080 Exhibit 3 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 20 of 23 081 Exhibit 4 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 21 of 23 082 Exhibit 4 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 22 of 23 083 Exhibit 4 Case 1:16-cv-02897-CMA-MJW Document 22-4 Filed 12/16/16 USDC Colorado Page 23 of 23 084 Exhibit 4