Animal Protection Coalition of St. Lawrence County Meeting Minutes 3/30/10

Transcription

1 Animal Protection Coalition of St. Lawrence County Meeting Minutes 3/30/10 1) Introductions - All attendees introduced themselves and the organization they are affiliated with, if any. A list of attendees and contact info was ed as a separate file earlier. 2) Objective of Committee - Reviewed purpose of the committee, resolution by legislators encouraging establishment of committee. Group agreed on the following objective statement: Objective: Identify the barriers and issues that are preventing proper execution of the established process to handle animal cruelty cases in St. Lawrence County and put sustainable solutions in place. 3) Process Flow - To meet objectives, the group outlined the process flow for dealing with animal cruelty cases. The DA and Sheriff provided key information about each step of the process and the associated barriers (see attached). The group brainstormed potential solutions and developed action items for the relevant steps. 4) Next Meeting - April 27 th at 5:00 p.m. at the Canton Jail Conference room. A couple members requested the meeting time be changed to accommodate animal feeding times. I would like the group to respond as to your availability to meet at a later time and then we will finalize the next meeting. 1

2 Process Flow As We Understand It Revision 1 2

3 PROCESS STEP -1 1) Anonymous complaints are made. 2) People are afraid to report animal cruelty (afraid of retaliation) 3) Veterinarians can t legally report suspected large animal abuse (cows and horses) without opening themselves up to lawsuits Educate public of the process for investigating complaints and encourage complainants to make a formal statement to proper agency a) Law enforcement can respond and if abuse/neglect can be observed from the road then they can file complaint b) Potentially people can be signed up as confidential informants (CI) a) Change the Law to address large animals b) Educate DVMs about their immunity to lawsuits when reporting small animal abuse a) Humane agencies receiving complaints, Law enforcement agencies (long list of agencies maybe we can get them and post on the internet and use for educational purposes) b) Public service announcements through various media (newspaper, radio, etc.) Law enforcement a) ASPCA is trying to do this b) DA will research law to determine issues c) Humane agencies could distribute information to local DVMs (further discussion needed) 3

4 PROCESS STEP 2 1) Owner may not allow law Search warrant to allow further Law enforcement enforcement on property investigation 2) Responding officer doesn t collect appropriate evidence or enough evidence for case to move forward 3) Responding office must make decision as to whether there is abuse or not. Do not always have the appropriate level of training or knowledge to make recommendation to the court for immediate animal removal a) Educate law enforcement officers about animal cruelty/neglect laws b) Have some officers trained at a higher level to assist other officers a) Officer must decide with supervisor appropriate action (educate supervisors) b) Create a list of qualified people to respond with the officer so the best recommendation can be made for immediate removal or decision to move forward. (NOTE: Private citizens pulled into investigations need to be working w/ law enforcement to avoid liability issues, they just can t start investigating on their own) c) Vet s need a clear process on what they are allowed to do legally for involvement. If there is a release from liability that may change approach (confidentiality?) d) Need continuity beginning to end of the process Law enforcement Law enforcement a) Generate volunteer list with phone numbers to aid officers b) DA will develop a rubric of the type of backgrounds desired c) DA will develop a release form for Vet s 4

5 PROCESS STEP 3 Obtain more evidence; get statements; let humane agencies know so they can collect more observations 1) Law enforcement may not be able to obtain search warrant 2) Expert testimony from veterinarian is unavailable a) Officer can attempt to get owner to sign a release of liability and consent to search so vet cannot be charged; form needs to be developed Law enforcement and humane agencies a) (DA will develop release per Process Step 2) 3) Animal abuse/neglect is observed but animal is not seized b/c there is no place to take animals or funds to care for animal(s) b) Officer can use list of experts that are available to assist can a) List of volunteers for large animal housing can be developed b) Bond can be obtained to pay for shelter during court proceedings (need to determine SPCA (or ASPCA) bonding application; things move faster when the owner has to put up $$$; immediate concern is to remove animal or ensure the animals needs are fulfilled (food / water) b) (list per Item Process Step 2) a) PHS will develop a list b) DA to research 5

6 PROCESS STEP 4 1) Case should be opened but officer doesn t understand law well enough to draw proper assessment 2) Officer doesn t have enough evidence to open case Educate officers Go back to original complainants and notify them so they can continue to observe and notify law enforcement if additional evidence becomes available Law enforcement Law enforcement 6

7 PROCESS STEP 5 1) Evidence is lacking to prosecute Utilize resources to obtain more evidence DA 7

8 PROCESS STEP 6 1) Evidence is not strong enough to Utilize resources to obtain more DA warrant prosecution evidence 2) DA does not have resources to prosecute case 8

9 PROCESS STEP 8 1) 9

10 PROCESS STEP 9 1) Local judges do not set timely trial Educate local judges Mary Rain to coordinate training??? 2) Judges resign so no one is available to hear case 3) Judges don t make decision in a timely manner b/c they don t understand cruelty laws or are afraid Timely reassignment of cases is needed or animals need to be removed Educate local judges. Town and village judges meet regularly but the ones that regularly attend aren t the ones who need training; design education around credits they work towards (CE?)??? Mary Rain to coordinate training??? 10

11 RESOLUTION NO ENCOURAGING THE ESTABLISHMENT OF THE ANIMAL PROTECTION COALITION OF ST. LAWRENCE COUNTY Resolution Establishing Coalition By Mr. Morrill, Chair, Operations Committee WHEREAS, the laws relating to animal cruelty are included in the Agriculture and Markets Law Article 26, and WHEREAS, the Board of Legislators has been advised that some St. Lawrence County citizens who have an interest in animal welfare desire to establish the Animal Protection Coalition of St. Lawrence County as a group composed of individuals with expertise in areas relevant to animal welfare and interest in prevention of cruelty to animals, and WHEREAS, the goals of the Animal Protection Coalition include: providing owners of animals with educational information; finding locations for suitable placement of any unwanted, abandoned animals, or animals that are victims of cruelty; bringing alleged incidents of animal cruelty to the attention of appropriate enforcement agencies if it is determined that a situation cannot be remedied by any other means; and being a resource for enforcement agencies, when asked, before or during prosecution of an offense under the Agriculture and Markets Law, NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators encourages the establishment of the Animal Protection Coalition of St. Lawrence County and that the Coalition members move forward with the stated mission to protect animals, and BE IT FURTHER RESOLVED that a member of the Board of Legislators, appointed by the Chair, will serve as a member of the Animal Protection Coalition of St. Lawrence County. * Mr. Morrill moved to adopt Resolution No , seconded by Mr. Peck. Mr. Morrill recognized Ms. Carrie Tuttle to speak. She said she came tonight to clarify the reason she originally came before the Board. She explained that the intent was to set up a committee that has participants from the key areas and get a working group together to fix the broken process. She said if we don t have the support of all key agencies the Sheriff s Office, the District Attorney s Office, and the Legislative Board we have not fixed the process. She said they respect the support indicated in the resolution but encouraged the Board to look at ensuring that someone from those parties participates in the Coalition. Ms. Perry moved to amend the resolution to include a member of the Board of Legislators, appointed by the Chair, be a member of this coalition, seconded by Mr. Morrill, and carried unanimously by a voice vote. Ms. Cobb said the discussion has been valuable in figuring out how to move forward. She said this coalition is modeled similarly to the Domestic Violence Task Force that has members who serve in the field as well. 11

12 Mr. Burns asked what Ms. Tuttle meant by support of key agencies. Ms. Tuttle said many constituents call the Potsdam Humane Society who, in turn, must call the Sheriff and ultimately the District Attorney and Local Court. She explained the need for improvement so they can give clear information so the judges are fully informed. If one process breaks down, repeat offenders are not dealt with. She said improvements can be made if all parties are involved. Mr. Morrill said he has a concern about the District Attorney s Office being involved but during the discussion at Committee, Ms. Rain expressed an interest in serving on the coalition. He said she or, or possibly other legal persons working for the County, could be involved. Chair Paquin said he will ask the County Administrator to speak with the Sheriff and District Attorney to come up with a solution. Resolution No was adopted unanimously by a voice vote. 12