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HomeMy WebLinkAbout2016 SBACC Annual ReportANIMAL CONTROL COMMISSION ANNUAL REPORT CITY OF SOUTH BEND, INDIANA TO: SOUTH BEND COMMON COUNCIL and MAYOR PETE BUTTIGIEG The City of South Bend's Animal Control Commission, consisting of Dr. Betsy Culp, Ernest Galos, Rebecca Kaiser and Barbara Leavell, issues it annual report to the South Bend Common Council and Mayor Pete Buttigieg pursuant to Section 5-97(4) of the City of South Bend's Animal Control Ordinance. Commission member Emily Sexton resigned from her position and the Commission has operated for several months without a full complement of members. The absence of one of the Commission members resulted in the lack of a quorum for the December, 2016 meeting requiring the rescheduling of that hearing to comply with the Animal Control Ordinance. As outlined in the Animal Control Ordinance, the Animal Control Commission met monthly receiving reports from the Shelter Manager and interim manager about the shelter's operation and its proposed activities. The Animal Control Commission had set its monthly meetings for the first Tuesday of each month at 6:30 p.m. but has recently changed the meeting time to the first Thursday of each month to accommodate Commission member Dr. Betsy Culp's work schedule. Dr. Culp's status as the Animal Control Commission's only veterinarian makes her attendance at meetings vitally important and benefits the Commission. Secretary Emily Sexton had maintained the minutes of the meetings, a task Commission presiding chair Ernest P. Galos has undertaken until the Commission returns to full strength. In addition to the reports of the Shelter Manager or his subordinates, the Animal Control Commission, as in prior years, discussed throughout the year various issues regarding animal welfare in the community. Those primarily concerned outreach efforts publicizing the shelter and the services it provides to the community and fundraising projects designed to aid the shelter. The most significant activity of the Animal Control Commission has been the hearing process after the Commission is notified of a potentially dangerous animal or habitual animal offender by the Shelter Manager. The Animal Control Commission, however, has held only two (2) hearings since the last annual report. The last hearing was held on February 7, 2017 and involved a determination of a vicious animal in the case of a dog causing the death of another dog. The case was presented by affidavits on both sides and an agreement by all sides that euthanasia of the animal was not sought. The Commission found a violation of the Ordinance and accepted the parties' stipulation and imposed the appropriate restrictions on the animal. The other case heard by the Commission caused some controversy and consternation on all sides. The case involved an habitual animal offender. The owner of the animal did not appear at the hearing and the Commission determined that there was appropriate notice served on the owner. South Bend Animal Care and Control provided testimony and evidence of multiple violations of the ordinance and neglect of the animal over a significant period of time. The Commission found the owner to be an habitual animal offender, ordered seizure of the animal and banned the owner from 999999 / 1131839 -1 owning animals. While ruling in favor of South Bend Animal Care and Control, the Commission criticized the length of time it took to bring the case before the Commission which caused the dog in question to needlessly suffer. The delay involved also prevented South Bend Animal Care and Control from rescuing the animal as the owner moved before the decision was made, potentially removing the dog from the jurisdiction. The animal was ultimately located and seized. At that point the owner sought a rehearing which the Commission denied. Various social media outcry and claims of unfairness were levied against SBACC but no appeals consistent with the Ordinance were filed. The Commission's decision also prompted an outcry from South Bend Animal Care and Control. Shelter manager Matt Harmon expressed his belief at the monthly meeting following the decision that the Commission's criticism was inappropriate. Common Council member Tim Scott also made an unprecedented appearance at the meeting to defend Mr. Harmon. The Commission, indicating the opinion was not a personal attack on any person involved, held fast to it prior ruling. The Commission is an independent body that does not favor any side in cases presented to it. Further, the Commission cannot be intimidated into changing its decisions. Soon after, Shelter Manager Matt Harmon resigned for a new position outside the City of South Bend. The assistant shelter manager took over on an interim basis until a new manager could be selected. The Commission received routine reports for this period with little asked of it. The new Shelter Manager, Jenn Gobel, has reported a review of the status of the shelter and its procedures to the Commission. In addition, Code Enforcement Director Randy Wilkerson has been attending Commission meetings since Mr. Harmon's departure. Both have reported discrepancies in the number of animals accounted for and supposedly in the custody of SBACC. They further report unsatisfactory training of the staff and substandard equipment. They reported to the Commission that an internal audit would be done to account for expenditures and procedures in place. Most importantly, disease outbreaks at the shelter which were preventable were reported. The use of improper kitty litter caused multiple deaths and inappropriate sanitation and ventilation contributed to the spread of disease. Corrective measures and new equipment purchases have been reported to the Commission and should be commended. Dr, Culp provided important information to Shelter Manager Gobel regarding proper intake practices and vaccinations which are to be implemented. The Commission has requested and has been receiving at meetings monthly reports of the euthanasia rate. While nowhere near the goal of a no -kill shelter, recent reports seem to indicate lower numbers than the year prior period. While the Commission has received reports of improvements and planned improvements to the shelter's operation, significant damage was done to its operation and reputation. There has been discussion of updates and modifications to the Ordinance since its inception. The Commission had in the past requested South Bend Animal Care and Control to provide a list of concerns or changes that would help it perform its mission. None was forthcoming. In 2016, former Common Council member Valerie Schey sought to reconvene the committee that drafted the new ordinance. Council members authorized it and the committee was to meet in November. The Director of Code Enforcement, Randy Wilkerson, requested that she postpone that ninety (go) days to allow his department to proceed through the Commission to recommend changes to the Common Council. Ms. Schey went forward with a preliminary meeting of the committee in November. Consequently, she was banned from the shelter. Her organization, Community Animal Rescue Effort of South Bend, Inc. no longer provides transport of animals to rescue or provides funds for the medical care of sick and injured animals in the care of SBACC. Subsequently, Mr. Wilkerson and Council member Tim Scott appeared before the media to announce an audit and calling into question the relationship between CARE and SBACC. No proposed recommendations regarding changes to the Ordinance have been made. RECOMMENDATIONS The Animal Control Commission believes it is essential that more resources be devoted to South Bend Animal Care and Control in order that the goals of the animal control ordinance be achieved. Appropriate equipment, training and standard operating procedures are essential. Reports from the new shelter manager indicate significant changes will be made. The Commission encourages the implementation of all appropriate procedures to ensure the safety of the public and animals in the community. In the opinion of this writer, those goals are hampered by power struggles involving the agency and personality conflicts. The loss of services provided by CARE to the Shelter is significant. Animals that would normally be sent to rescue take up space in the Shelter possibly causing unnecessary deaths and increasing costs. More staff time must be used to find other outlets for those animals. Medical costs increase as CARE funds have been lost. There is apparently some attempt to resolve the issue, but there is no guarantee of a rapprochement. The gratuitous escalation of a dispute over which body will make recommendations to the Common Council serves no purpose other than to harm the animals for which the City is responsible. Reckless implications of wrong- doing invite legal action and sow distrust. Important animal rescue and welfare organizations have been alienated by the situation. Those organizations are vital partners that SBACC cannot afford to lose as outlets for its animals and as community support. While the Commission members are all in support of the improvements proposed for shelter operations, we will continue to seek to make sure those improvements happen. The South Bend Animal Control Commission respectfully submits its report. li ISSUED THE ist DAY OF MARCH, 2017 /' 7 Ernest P. Galos President, Animal Control Commission for the City of South Bend Filed in Clerk's Office MAR 0 12017, KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN