Appeals court rules former warden must be reinstated, over 5 years after termination for transporting children in state truck

MADISON - The Department of Natural Resources must reinstate a former warden and pay lost wages during the years he spent fighting his 2018 termination.

The Wisconsin Appeals Court ruled Thursday that Andy Dryja should be reinstated to his former job as a conservation warden in Langlade County, and paid for his lost wages, benefits, attorney fees, litigation expenses and interest. Dryja spent years fighting what he believes was a firing in retaliation for speaking up about unfair practices within the warden program.

Dryja said in an interview Friday morning that things were "hard to put into words," but that he's excited to leave this process behind, and will accept his job back if its offered.

"Five and a half years is a long time to put your life on hold to get through this process," he said. "Hopefully the department follows the court's rulings this time and puts an end to this."

He wasn't surprised by the court's ruling, but he's happy to put it all behind him, and hopefully his case will set an example for the future.

"I just hope this case can be an example for how to treat employees with dignity and respect," he said. "Treat people the way you would expect to be treated, follow the rules and hopefully they don't do this to anybody else moving forward."

More: Inside the Wisconsin conservation warden program, employees allege 'a terrible, toxic culture'

Attorney Alan Olson of New Berlin, who has represented Dryja throughout the case, said the victory does hold the agency accountable for its actions over the last six years.

"This decision affirms that when the DNR is ordered by the court to reinstate its employee and provide him with make-whole remedies, the DNR cannot thumb its nose and abuse its governmental powers for purposes of crushing the employee’s will to persist," Olson said in an email.

"In Mr. Dryja’s case, he has shown the character and fortitude necessary to overcome any bullying or abusive tactics by the DNR.”

Olson said that Dryja's damages are more than $300,000, in addition to his right to reinstatement to his former position in Langlade County.

More: 'I was the Black warden': DNR's first African American warden recounts struggle for respect

Dryja started with the department in December 1999, and worked as a conservation warden for 19 years, patrolling during hunting season, ensuring safety during fishing season and working closely with local law enforcement. He loved the job.

But his time with the program ended abruptly in 2018, after he applied for a promotion to lieutenant.

Dryja was told he was the top contender for the position, but did not receive a job offer — a much younger and less experienced warden did, he said. Dryja approached management and asked why he had been passed over, and why typical promotional protocols — in which experience and years with the department are weighed heavily — weren't followed.

Shortly after the exchange, Dryja was warned about issues, ultimately leading to his dismissal. In his termination letter, the agency cited that he had worked hours without clocking them, transported his children in his state-issued truck, stored a boat and space heater in the warden station, and failed to repair an ATV used in warden work.

The case has remained in court for years, with an Oconto County judge calling Dryja's firing "absurd" last year, and saying the department had not acted "in good faith."

More: Act 10 weakened the warden's union. They hope a lawsuit will bring it back to full strength

The court sided with Dryja, and the DNR appealed the decision.

In the ruling Thursday, the decision came down to whether the DNR's firing over a single infraction — Dryja's transporting his children in his work vehicle — was a a great enough offense to end in termination.

It was not, the ruling said.

"We conclude that the department failed to establish that its position seeking to discharge Dryja for the one work rule violation of transporting his children in a State vehicle without authorization was substantially justified," it said.

The court also ruled on whether Dryja could be relocated, in addition to the payment for the years of work he missed during the litigation.

"We conclude that Dryja has a clear legal right to reinstatement to his former position at the Langlade County station or at a warden station that does not require Dryja to relocate his residence," the decision documents said.

The DNR said it could not comment on the litigation Friday morning.

Dryja is one of nearly a dozen current or former wardens who spoke with the Milwaukee Journal Sentinel about the conditions experienced while employed by the DNR within the warden program. Those who spoke up recounted a toxic culture within the conservation warden program going back years, based on the accounts of nearly a dozen current and past employees who say the problems remain largely unaddressed.

The current and former employees have shared stories that give  a portrait of a larger issue within the program, where the toxic culture has impacted employees for decades. They have alleged a culture where sexual harassment was unchecked, management mistreated employees because of their sexual orientation or the color of their skin, and leadership routinely retaliated against people for questioning harassment or mistreatment.

At least four employees over the last four years have filed Equal Employment Opportunity Commission complaints, with some cases ending up in court.

Laura Schulte can be reached at leschulte@jrn.com and on X at @SchulteLaura.

This article originally appeared on Milwaukee Journal Sentinel: Appeals court sides with former warden, orders DNR to pay nearly 6 years of lost wages