By Cathy Samardza
In a series of comments on the delaware online forum under Doug Denison's article, J. Jacob Carter believes that FOIA is a burden that all shelters will soon have to deal with. I don't believe that, because the two SPCAs in the State have to comply with FOIA mainly because of enforcement authority (which JJC argues, as well). But even IF the other 3 Delaware shelters were required to comply with FOIA, what burden ensues? If a shelter is having a board meeting, how is it a burden to allow members of the public to sit in?
If someone requests information subject to FOIA, the shelter is allowed to charge for
reasonable costs related to that request (and if the request has to do with information they
are required to make public anyway, there should be no significant staff time involved).
JJC is unhappy with the shelter standards laws that were written without authority for
enforcement, and because of the foster/adopt S/N loophole - but is critical of the formation
of the Animal Welfare Office that would be tasked with that enforcement. JJC often
posts and blogs that the shelter standards, or CAPA laws, are an unfunded mandate and a
conspiracy of the no kill movement.
I agree that the shelter standards laws should have been written better. The foster loophole in the S/N section should be closed. I don't, however, see those laws either as part of a conspiracy or as an unfunded mandate. They are industry regulations. For example, doctors and contractors are required to have specific insurance. I’m sure there are regulations for hospitals and other types of businesses as well. Some of them are even nonprofit. Should they be paid for compliance with the laws?
But I am not a no kill advocate, and I am not a conspiracy theorist. And I have seen nothing that makes me believe that the DE shelter standards laws are part of some NK conspiracy.
I believe that transparency and accountability are crucial when employees of a private nonprofit agency are given arrest authority. Representatives of BOTH SPCAs stated during an AWTF meeting that training for their officers is not standardized between agencies and that even within a particular agency the training may differ. I don't agree with JJC that all dog wardens - or anything else you call them - need to have access to DelJIS. And those that do should be supervised by actual law or code enforcement officers.
Kent County chooses to have their dog wardens go through KC code enforcement officers to
cite violations. There is no point in complaining that SH is not DelJIS certified. It doesn’t matter.
JJC also complains that SH is not picking up as many dogs as KCSPCA did. Others have
complained that SH does not patrol the way KCSPCA did. Well, the KCLC contract calls
for response to calls for dogs at large.
It doesn’t called for patrols. It never called for
patrols. If KCSPCA sent their officers out on patrols, it was on their own authority. If
SH is really not responding to calls, please report them to their Board and the KCLC. But
– one of the first complaints I ever received about SH not picking up dogs? The person
complaining to me said she was “too busy” to call it in. Hmmm…..As an aside, I have asked this question before, with no response.
The KCSPCA patrols NC and Sussex counties under dog control contracts. They investigate animal to human bites under a contract with the Division of Public Health as rabies investigations. They investigate animal cruelty cases under Title 11 as authorized under Title 3 of the Delaware Code. They are sworn to NCC, I am assuming they are sworn to Sussex; who are they sworn to for their State authority? And when they show up at your house on shelter business – in uniform, with badge and weapon – by whose authority are they acting under color of law?
JJC accuses KCLC Commissioner Sweeney of trying to stir up trouble in Sussex County, when there have been no complaints there. Well, there HAVE been complaints out of Sussex County, but, like so many of JJC's colleagues, they did not want to come forward publicly. The one question that WAS brought to Sussex County's attention was dismissed by them as a misunderstanding.
Regarding the SH “insiders” that JJC refers to; there have also been KCSPCA “insiders.” They are dismissed as “disgruntled” former employees or board members. Arguing as devil’s advocate here, shouldn’t the same standards apply? Why should SH’s “insiders” be believed, and those from the KCSPCA ridiculed?
KCSPCA leadership is accusing three of us of defamation and libel and threatening us with charges and lawsuits. Yet all we have done is posted complaints brought to us or posted elsewhere, our personal notes of the KCSPCA board meetings and the AWTF meeting. We have talked or blogged about our personal experiences, and about the NCC audit, a public document created by an independent auditor.
JJC has blogged with what amount to personal attacks on some of us, Commissioner Sweeney, the NCC auditor and the attorney who has filed suit against the KCSPCA. The KCSPCA posts links to those blogs. Who is defaming whom?
But if you have a valid complaint – against ANY shelter or dog control provider, or animal control officer - you need to shout until you are heard. Valid complaint. Complaining that SH does not have a vet on staff - which is not required by law and was discussed @ the AWTF - is not a valid complaint. If you believe that all shelters should HAVE a vet on staff, then say so. Lobby for it.
I want to note here that when I began this journey, I thought the KCSPCA leadership would be willing to listen, to investigate the complaints we brought to them, and respond in some appropriate manner. That didn’t happen. Then we thought, KC Levy Court needs to know that they should manage this contract better, and went to them.
No one was out to “get” the KCSPCA. But the KCSPCA attitude, the arrogance, the refusal to be accountable – that is a problem. In my personal and direct experience with 3 other shelters, when I contact a director or board member, they respond. When I’m reporting a problem, they get back to me with what they did to fix that problem. So things don’t escalate to the news or social media.
Valid complaints should be reported, recorded and investigated - by someone outside the any shelter’s chain of command. But that's not happening. The Animal Welfare Office will be tasked with that – to inspect shelters, enforce shelter standards, develop training for the animal control officers, and hear and investigate complaints against those officers.
But if you have a complaint, you need to step up and say, this is who I am, and this is what happened. Don’t hide behind fake names, don’t make excuses and say there’s no point in coming forward. Don’t argue your case with half-truths. Don’t argue that violations of one shelter should be pursued while complaints against another are ignored. And honestly, why should anyone take you seriously if you’re not willing to identify yourself?
Document your complaints in writing. And if you want the respect of being taken seriously, maybe
you should stop making fun of the complaints that others make.
