Notes from the AWTF February meeting

Notes of Animal Welfare Task Force Meeting from Thursday, February 21^st 2013

Carol Furr and Lynn Lofthouse attended the ATWTF meeting.  As usual, these are our notes, not the official minutes.  They were taken by Dr. Lofthouse.  Comments are in italics are hers (LL) and mine. 

Senator Blevins convened the meeting at 2:02 p.m.

Sen. Blevins opened the meeting with an announcement that the focus of the meeting will be consolidating ideas generated at previous meetings.  When she distributed the list of ideas Kevin Usilton of the KCSPCA objected, asking where this information had come from; Senator Blevins told him it was what has been discussed by the TF for the last 5 months. 

(We have been attending these meeting since September, and recognize all of these ideas as having been discussed by the TF; we checked with a member of the TF, and they also felt that the draft recommendations reflect the TF discussions.)

Senator Blevins noted that there is a general feeling from the meetings that animal services should be consolidated under the State of Delaware.  She noted that the group would need to identify what department should house this, noting that the Dept. of Ag is already concerned with many animal-related duties.  She floated the idea of hiring an administrator to oversee animal-related services, and that “We are here to hash out how to consolidate departments for the purpose of budget submission,” Sen. Blevins said.

Mr. Usilton told the Senator he wanted animal control (AC) to be part consolidation for “one stop shopping” but was told that it would not be discussed until next month (March).  Animal Control has been done only at the county level for the past few years, she noted.  She further noted that only services on the State level are for discussion, as there is a precedent for the state to oversee what is done on the County level.  Sen. Blevins asserted that the sole reason for discussing the issue is so that animals in the state are “treated properly.”

Mike Petit de Mange of Kent County Levy Court said that “consolidation makes sense” because it makes services consistent which results in more effective management and cost reduction.  He supported a statewide animal control contract.

Sen. Blevins said it was possible to have a statewide animal control contract and that she would seek feedback from the counties on this idea.  She noted that there is an argument to be made for a central place citizens can contact about animal-related issues.  Rita Hughes from the Safe Haven Board argued for services at the County level with a central person charged with directing the public to needed services.  Sen. Blevins reminded the group that the objective was not decision-making, only recommendations were being sought. 

Mr. Petit de Mange said that the current system has created confusion and is open to multiple interpretations.  Having services at the local level, he notes, makes it impossible to create consistency; centralization would allow this.

Sen. Blevins noted that a statewide “lost and found” would be desirable but would be a funding issue.  She said that data from shelters would need to be collected before a decision should be made

Mr. Usilton asked if the state was going to pay shelters to collect data because for the state to require this of shelters would be an “unfunded mandate.”  He asked how would cruelty complaints be addressed at the shelter level if animal services were consolidated under the State, and how would shelters get reimbursed for handling them.

(Please note – By law ONLY the DESPCA and KCSPCA have authority to investigate animal cruelty.  It is not an issue for the other 3 shelters in Delaware.)

Sen. Blevin’s response to Mr. Usilton was that she would want training for ACOs and the state office responsible for these issues.  Sen. Peterson suggested having an advisory office.

Sen. Blevins suggested giving shelter directors responsibility to collect fees for licenses that would generate funds.  Here, Mr. Usilton said that cats should be licensed.  Blevins continued that she wanted to make it a goal for a newly created office of animal services that they should generate revenues so the office would be self-funding.  Hetti Brown suggested the office write grants and find new funding opportunities.

Ann Cavanagh of Delaware SPCA called for information on the history of people and their pets so that everyone would know what are the key types of calls ACOs regularly receive; she sees this information as helping to reunite dogs with owners when ACOs respond to dog-at-large calls.    She further noted that all proof of rabies shots should be logged in a statewide data base to which shelters would have easy access.

(The central database for rabies vaccinations has been mentioned before, but Secretary Kee felt it would be difficult to implement because everything is on handwritten slips.)

Jane Pierantozzi of Faithful Friends noted that there was good reason to put this service in the hands of DHSS because they have an infra-structure already in place

Ms. Cavanagh said that animal response programs should go to DEMA, and that an office might be created to be a liaison between shelters and DEMA so that needed changes could be made more easily.  It was noted that the Red Cross will not shelter pets in disasters.  The Federal Pets’ Act mandates that all states include pets in their disaster planning or they will not get aid from FEMA.  Hetti Brown noted that FEMA offers grant money for training.

Mr. Usilton said that the State needs to take back dog control and dog licensing, which have added financial burden on the Shelters and the Counties.   He noted that animal welfare concerns should be separate from concerns for humans and so placing services under DHSS would not work

Sen. Blevins noted that under a plan of consolidation, Shelter Standards could move out of the Dept. of Ag to the Task Force’s newly created office, but that would only be if the Task Force recommends this approach.  She noted that any change would need to be “statutory” and consolidate laws into one; then funding could be part of a budget bill or separate.  This decision would be made later.

Mr. Usilton recommended putting animal control in the new office to make AC “less fragmented,” he said.  He went on to say “this is the most critical point to address.”

Sen. Blevins then opened the meeting to talk about dog control consolidation and how to handle Animal Control

Sen. Peterson said we can’t do it all in one step and that the group would spark “territorialism” by doing this.  She suggested we follow “best practices” for dog control only.  She says to deal with AC as a second step, not a first.  Sen. Blevins supported Sen. Peterson by noting that “if we put everything all in one package we won’t get anything done now.”  She noted that when AC moved from the state to the county level discussions were “contentious” and took “years and years” of discussion, with each year “being steeped in controversy.”

To this Mr. Usilton responded that the government was responsible for the protection of citizens; the SPCAs are responsible for the protection of animals.  He says it is up to the government to provide dog control and noted that dog control “was taken away” from Kent County.  Senator Blevins retorted that the responsibility was not “taken away” but that Kent County had chosen a different vendor.” (Go, Sen. Blevins! - LL)

Mr. Petit de Mange suggested that Task Force recommendations could come in “different phases” and he noted that there could be both long-term and short-term recommendations, noting that the TF recommendations do not need to be limited to one year only.

Sen. Blevins noted that the cost of creating a new office is projected at $500,000.  Ms. Pierantozzi suggested that a veterinarian with experience with small animals and shelter medicine could be part of the new office

Sen. Blevins then asked, what is it that people don’t like about dog control?   The answer focused on cost, noting the variability of costs and that they increase with new contracts; greater stability is needed.  Mr. Usilton interjected that the “public thinks we do everything” and that there is “public confusion over who does what.”  He asserted that the public wants “one stop shopping.” (I wanted to tell him to go to Wal-Mart!- LL)  He went on to say that the public has “unrealistic expectations” and that they need educating.  Mr. Usilton went on to advocate for shorter hold times, without expressing how this related;  he also wanted data collection and better communication.  Sen. Blevins responded that SPCAs are limited service providers and that services need to be examined.

(Mr. Usilton has lobbied for shorter hold times before, and no one on the TF supported it.  He also lied to the TF, saying that Philadelphia has a 24 hour hold time; we checked, and it was a 48 hour mandatory hold time for dogs.  And don’t forget that Mr. Usilton and his board president stress that the KCSPCA is a private non-profit agency – so what services they choose to provide is up to them.  The shelter standards law does not mandate the provision of services, it just regulates how those services must be provided.)

The issue of animal control vs. animal welfare was expressed and that there is an economic/perceptual disconnect.  It was noted that these two areas “vastly differ.”

Ms. Pierantozzi expressed a preference for calling the office to be created “animal care and control.”  She acknowledges that contracts are underfunded.  Ms. Pierantozzi noted that private shelters approved under the Standard of Care should not need to pay to take animals from high kill shelter facilities.

Rita Hughes from Safe Haven shared that she had visited the North Shore Animal League on an animal transfer mission.  She noted that how they handle animals is far and above what is done in Delaware.  She said that the handling of dogs is superior and that New York requires all dogs to be spayed or neutered unless someone is a licensed breeder.  Ms. Hughes suggests looking at what other states do as a model.

(Looking at what other states and even Calgary, Canada (generally regarded as one of the most effective animal control programs in North America) has been recommended before; Ms. Brown was supposed to provide info concerning New Jersey and Canada, Secretary Kee was supposed to provide info from North Carolina.  Although this info may have been provided via e-mail to Senator Blevins and the TF members, these programs have never again been discussed at the meetings - along with information/statistics that Senator Blevins had asked the shelters and the counties to provide.)

Mr. Petit de Mange called to assess costs for facilities to provide animal services and create minimum terms for contracts.  He suggests looking at capital budgets and how they plan for costs 3-5 years out.  He calls for any office created to have annual reviews of how tax money is being spent by the shelters.  (Mr. Usilton cringed and began to text.  LL)

Sen. Blevins began her summation of the meeting.  She noted that the next meeting would be Friday, March 15, 2013 at 2 p.m. and that it would be the final meeting.  At this meeting she wants to pull out issues and have recommendations that can be decided by a “yes or no vote” for inclusion into the final report.  She will put together recommendations and distribute the final report to members.  She expressed interest in another public meeting but noted that the final report must be done by the end of March.  She noted that there had been questions about euthanasia and that she had written Secretary Kee about this and found that Delaware follows accepted “best practice” laws in this area.  Hettie Brown expressed concern that the gas chamber is commonly used to kill geese. 

(The removal from the DE Code of language prohibiting gas chamber use in Delaware was done with the expectation that Secretary Kee/Dept. of Agriculture would promulgate regulations defining what procedures could be used for euthanasia.  The regulations never happened.  This issue was the subject of blogs and posts by the KCSPCA, No Kill Delaware and “Jake” (anti-CAPA blogger).

Attendees broke into the birthday song to celebrate Sen. Blevins birthday. 

Sen. Blevins then noted that she would open the meeting to the public for comments.

Lois Fargo, Safe Haven board of directors, noted the importance of treating animals humanely; she noted that deliberately killing animals in shelters is the number one (#1) cause of healthy animal deaths.

Peter Siracuse spoke in follow-up to his heart wrenching story at the previous meeting about how his little 20-pound dog was taken from him, brought to the KCSPCA, and euthanized in less than 1.5 hours.  He told us that he was being harassed by Dover’s animal control; he is being followed whenever he leaves his home to walk his dog.  He expressed how disgusted he was with the KCSPCA and that Senator Blevin’s office had not responded to his letter of complaint even after telling him she would.

(We have been informed that Officer Mark Moore, the City of Dover Animal Control Officer involved in this incident, no longer holds that position.  However, Mr. Siracuse has never been given the courtesy of any response to his complaint either by his councilman, the mayor or the chief of police.)

Carol Furr made a statement (included below):

My name is Carol Furr and I live in Kent County.  You are aware that a number of us who attend these meetings have been working for accountability and oversight of the shelters and animal control officers for 16 months collectively, and since 2009 individually.  We have observed these proceedings with interest, and some skepticism.

Secretary Kee states that he has only had 5 complaints since CAPA was implemented.  Five of us met with him in January 2012.  We were promised a follow up meeting – and never heard from him again.  In addition to the 22 complaints we brought him that January, we have referred another 8 people to him since then.  I haven’t taught school in a while, but I think that adds up to more than five.

We hope it has been made clear that the shelter standards law should be amended to include the authority for oversight, inspections, and penalties for violations.  We think certification of both shelters and animal control officers is a good idea. 

You have a shelter director at the table who publicly lobbies to overturn CAPA, calling it an unfunded mandate and no-kill conspiracy, while the other directors say the law reflects national standards and doesn’t cost extra money.  That same director has asked this Task Force to consider changing the hold time to 24 hours.  In fact, you were told that Philadelphia animal control has a 24 hour hold time – which we researched and found is actually 48 hours.  You were then asked to consider 24 hours for “unadoptable” animals. 

But Delaware law has no legal definition of unadoptable; each shelter has its own criteria. The fact that the only kill shelter in Delaware uses temperament tests that have been questioned, criticized and proven inaccurate is a problem.  And when we researched this subject via the internet, best practices indicate that an animal should be allowed 72 hours to acclimate before evaluation – the required hold time in Delaware. 

When you discussed animal control officers, there was a lot of talk about the hodge podge of training given to the officers.  But no one asked two important questions:  1) did all of the officers have all of the training referred to? and 2) how many complaints have there been against ACOs?  Because complaints have been made - for refusal to investigate animal cruelty reports, abuse of power, intimidation and arrest based on hearsay.  But the assumption at this table seemed to be that the biggest problem is lack of training, followed by support from the Attorney General’s Office.  While we agree that ACOs should be better trained, we believe that oversight and accountability to an authority other than a non-profit board of directors is crucial.  Either that, or deal with this the way the General Assembly handled the county sheriffs, and take away their arrest authority.

No one has asked any of the shelters about lawsuits against them.  There ARE lawsuits that have been filed – and we know there would be others if more people could afford an attorney.

The animal welfare and control system in Delaware is not “broken” – it was never a functioning whole to begin with.  If this Task Force is going to make effective recommendations to develop a better system than what we have now, you have to look at what works, what doesn’t – and what is hiding under the rug.

Follow up information:

“Jake” promptly followed this meeting with a blog accusing Senator Blevins of writing final recommendations that had no input from the AWTF and that it was all part of a plan to create a job for the person who wrote the shelter standards law.  That person is Jennifer Ranji, who has been nominated by Governor Markell for the position of State Secretary for the Department of Services for Children, Youth and Their Families – she’s not looking for a job in the proposed office.

And please note that these recommendations (attached at the end of this document) are a draft for the AWTF to consider, which Dr. Lofthouse notes that Senator Blevins made clear.

-          See my blog @ http://awtfandanti-caparhetoric.blogspot.com – Cathy Samardza

On March 1, Mr. Usilton followed up with a multiple page letter to all the elected officials, county and State, saying that none of the recommendations were workable and making his own recommendations.  At the KCSPCA board meeting on 3/11, he and board president Alex Moore asked their board members to contact any of the legislators that they know personally to push the KCSPCA agenda.  This attempt to go around the AWTF is disrespectful to the members of the Task Force and ignores the fact that the TF is not about the KCSPCA and what they want.

(See next page for draft recommendations)

Draft recommendations Senator Blevins compiled from 6 months of discussions:

Animal Welfare Office

Department of Health and Social Services

Division of Public Health

• Executive Director
     o Represent office to the public
     o Oversee staff and overall office function
     o Research and make recommendations regarding:
           • Making licenses easier to obtain and beneficial to owners
           • Possible revenue streams (licensing, grants, license plates)
           • Animal control contracts and how best to structure
           • Animal cruelty statute
           • TNR
           • Requirements for rescue organizations
     o Public education regarding spay/neuter, licensing, proper care, etc.
     o Arrange training for prosecutors

 • Deputy Director
     o Shelter standards investigation and oversight
     o Inspection of shelters (and licensed retailers?)
     o Rabies calls and follow-up

• Spay/neuter oversight
     o Run state spay/neuter program

• Animal Control Officer
     o Oversee training and certification for animal control officers
     o Handle complaints
     o Dangerous dog panel

• Administrative Position:
     o Operate statewide database, with all shelters participating
     o Oversee lost and found database
     o Provide administrative support for entire office