By Jessica Hawley-Jerome - Managing Editor Tuesday, December 2, 2008 11:24 AM CST
"I feel like I'm coming to you today with some very good news," Bandera County Attorney Kerry Schneider told commissioners Nov. 24.
Referencing the progress thus far forged with the county's formerly slapdash animal control policy, Schneider said there is still room for improvement, but steps are being taken toward public-friendly procedures that should ultimately benefit the stray, abandoned and lost animals within the county. At the helm of a court-appointed committee charged with rewriting the rabies and animal control order, Schneider said officials have listened to the public and citizens' concerns are being addressed.
"We have heard," Schneider said. "I think we got the message. We have heard your message."
Acknowledging that the community has been concerned about the disposition of animals after being placed in the county's custody, Schneider informed commissioners that with the exception of two dogs, every dog that has funneled through the county since the beginning of November has been sent to a rescue organization, adopted or retrieved. Of the two dogs in question, Schneider said one was euthanized after being diagnosed with a brain tumor and the other died in a veterinarian's office after being shot by a rancher.
Since Nov. 4, Senior Animal Control Officer Rick Neely has picked up 22 dogs. According to reports, the county has collaborated with D and D K-9 Concepts, Homeward Bound Dog Rescue, the Humane Society, the Animal Defense League, Joanna Benedict, Animal Welfare Society of Bandera, SNIP San Antonio and Homeless Halo to find appropriate placement.
In order to further continued momentum, Schneider advised the creation of a community liaison on animal control issues, both to make the proposed system more efficient and enable communication between the county and the public. Commissioners approved the move, but not without contention and a question of legality.
Schneider recommended the duty of community liaison be assigned to Jennifer Gaertner, who already worked on a part-time basis in the county attorney's office. Gaertner's additional responsibilities, which include working with each animal control officer who comes into the sheriff's office; handling applications for destruction, livestock kills and animal seizures; tallying and recording stray and unwanted animals; updating the county website with pictures and information of impounded animals; and working with animal rescue organizations, would increase her hours to full-time status. Schneider said Gaertner has already worked numerous hours toward the establishment of a structured animal control facility, both on county and personal time.
"I think it's a new approach. I'm not sure if any other counties have done this before, but I think it sets a good example," Schneider said. "We are going to listen to the citizens of our county, but we also ask them to understand that the county is limited in its statutory authority."
Pct. 2 Commissioner Bobby Harris, who also sits on the animal control planning committee, expressed some concerns regarding Gaertner's appointment, specifically whether the court had the appropriate authority to create a position that is detailed in an as-yet unapproved animal control order.
"I think we're trying to put the cart before the horse," Harris said. "I would like to ask for the attorney general's opinion."
Harris also queried whether the creation of a community liaison for animal control during the 11th hour of Schneider's tenure as county attorney was appropriate.
"Let me remind you that we have a new county attorney coming in January," Harris said. "She's leaving office Dec. 31. He's the man who has to enforce this."
Schneider argued that County Attorney-Elect John Payne would have the same authority to change the arrangement of liaison as he would any other policy or staffing arrangement currently in place once he takes office. She also countered that the county had the authority to approve a county employee position. County Treasurer Kay Welch said that the county could add additional duties to an existing position by modifying the job description.
"My vision of the order was that the position would be a full-time community liaison," Schneider said. "I'm asking the court to consider trying this on a part-time basis."
County Auditor Christina Moeller said that the transition from a part-time to full-time position, including the benefits package, would cost the county $14,000. For now, Moeller said, the funds would come out of the county attorney's office contingency funds. Sheriff Weldon Tucker said that Gaertner's liaison status would free at least 50 percent of one animal control officer's time, who could perform other relevant job tasks.
"It's going to give us back the opportunity to do other things," Tucker said. "You betcha'."
Harris was the lone opposition to the approved motion, stating for the record that he would like to have an attorney general's opinion, as well as input from Payne. The vote passed four to one.
"It's nice not to have hearings to euthanize a dog," County Judge Richard Evans said. "That's a terrible hearing. It's the only time that you have to execute the victim."
ANIMAL CONTROL ORDER
Convening for the first time to discuss and resolve animal control issues that have cast a negative light on the county, a court-appointed committee comprised of Schneider, Harris, Neely, Moeller, Rabies Control Authority Dr. Conrad Nightingale, Animal Welfare Society Founder Sandee Bowman, Pct. 4 Commissioner Doug King, and Cowboy Capital Pet Assistance League Representative Roger Sullivan argued, debated, and - on at least one issue - agreed to disagree. The committee, which met Nov. 20, was called for by Evans after commissioners dissolved the contractual agreement with CCPAL for the care and maintenance of the county's impounded animals, returning the responsibility to the animal control officer via the sheriff's office.
While progress appeared to be made, all suggested changes to the current order must go before commissioners, who will have to approve them before they are implemented.
The items pending court approval include:
-Animal licensing.
Micro-chipping was uniformly agreed upon. Nightingale said that although visible tags could deter property owners from shooting dogs at large, micro-chipping was a more efficient form of identification. Referencing the much-debated National Animal Identification System (NAIS), which, if passed, would mandate all livestock be chipped and logged in a national database, Nightingale said biological tagging was inevitable and the wave of the future.
"There are people opposing it, but it's going to happen whether we want it or not," Nightingale said. "It's the best way to ensure lost animals are returned to their owners."
Schneider said she was targeting March 1, 2009, as the start date for the micro-chipping program.
-Breeders' licensing.
Following Bexar County's lead, Bowman suggested mandatory licensing for all breeders in Bandera. Neely and Nightingale concurred, adding that at no time should people be legally permitted to sell puppies on street side corners.
-Impound fees.
Fees discussed were fashioned on similar specs as those in Kerr County, which include $0 for impounded animals that are vaccinated and tagged/micro-chipped for the first offense; $20 for the second offense; and $30 for the third offense. Fees for animals impounded without identification could be $0 plus micro-chipping fee for the first offense; $75 for the second offense; and $100 for the third offense.
Neely said that he always attempts to locate a loose dog's owner before impounding it, so that fees are kept at a minimum.
-Necropsy reports.
All injured or sick animals may be taken immediately to a veterinarian while in the county's custody. Bowman pushed for necropsy reports for all animals that die while in the county's care, in addition to an animal control officer's report.
Schneider and King said that a vet's visit for a deceased animal would be an expense to the county, but Bowman disputed the argument on the basis of checks and balances.
"I know the amount of bad press the sheriff's office has received could have been avoided [with a vet's report]," Bowman said, who added that the additional report could protect Neely, as well as the other animal control officers. "I think for the county's benefit, it would be better to have this in place."
-Impound period.
The current ordinance dictates a three-day holding period. The group agreed that a five-day holding period was more appropriate. Schneider said the countdown would not begin on the day of impoundment and the five holding days were business days only, which could translate into an impound period of up to eight days.
-Animal Cruelty.
Drivers could be cited for freely roaming dogs in the back of their pickups. Bowman said leashes are made to safely tether dogs in the bed of trucks without posing a strangulation risk, but it is still better to crate a dog or put it inside of the vehicle. Neely said, if approved, he would issue warning citations for first offenses, but subsequent offenses would be subject to fines.
"I'm for it, but we may get a lot of flack," Harris said. "It's the same as asking cowboys to diaper their horses."
-Stray cats.
Incurring the greatest amount of debate, disagreement regarding how to define a feral cat led to ultimate indecision on how long to, or if to, impound felines.
"We get a lot of feral cats in, which really takes up space," Schneider said, who added that the county has fielded only one call from an animal owner missing their cat.
Harris, taking exception with the term, said that a supposed feral cat living at large near his Lakehills restaurant later became the Tadpoles mascot, and his personal lapcat.
"The Medina County shelter kills all of their cats," Harris said. "That will not happen in Bandera County."
Nightingale said that he agrees with current statute, which requires the county to put down all cats that are picked up in zero to three days. Bowman was adamantly opposed, and stated that cats are entitled to the same impound period that dogs are.
"Who determines if a cat is feral," Bowman said. "There should not be a discrepancy between dogs and cats. They should all have the same opportunity for lifetime expectancy."
Neely said that if feral cats were regarded the same as dogs, the county would have to have an additional area to house the cats. Harris cited statistics that in 2006, 55 cats and 44 kittens were picked up by the sheriff's office; 128 cats and 102 kittens were impounded in 2007; 44 cats and 31 kittens were picked up through October of this year. All of the cats were cared for and maintained by CCPAL.
-ACO duties.
"I think Rick is doing an awesome job," Schneider said. "We're very lucky."
Bowman suggested Neely receive specified animal control training to learn all aspects of animal control, officer safety and euthanasia administration. She also suggested quarterly classes for continued education for all deputies within the sheriff's office.
Schneider said that she hopes commissioners will increase Neely's salary to compensate him for additional specialty training. With the inclusion of a liaison to make the county more accountable to the people, Schneider said the negative reputation of animal control officers as dog catchers should be extinguished.
"Hopefully, we've learned from the past," Schneider said.
Source: banderabulletin.com
"I feel like I'm coming to you today with some very good news," Bandera County Attorney Kerry Schneider told commissioners Nov. 24.
Referencing the progress thus far forged with the county's formerly slapdash animal control policy, Schneider said there is still room for improvement, but steps are being taken toward public-friendly procedures that should ultimately benefit the stray, abandoned and lost animals within the county. At the helm of a court-appointed committee charged with rewriting the rabies and animal control order, Schneider said officials have listened to the public and citizens' concerns are being addressed.
"We have heard," Schneider said. "I think we got the message. We have heard your message."
Acknowledging that the community has been concerned about the disposition of animals after being placed in the county's custody, Schneider informed commissioners that with the exception of two dogs, every dog that has funneled through the county since the beginning of November has been sent to a rescue organization, adopted or retrieved. Of the two dogs in question, Schneider said one was euthanized after being diagnosed with a brain tumor and the other died in a veterinarian's office after being shot by a rancher.
Since Nov. 4, Senior Animal Control Officer Rick Neely has picked up 22 dogs. According to reports, the county has collaborated with D and D K-9 Concepts, Homeward Bound Dog Rescue, the Humane Society, the Animal Defense League, Joanna Benedict, Animal Welfare Society of Bandera, SNIP San Antonio and Homeless Halo to find appropriate placement.
In order to further continued momentum, Schneider advised the creation of a community liaison on animal control issues, both to make the proposed system more efficient and enable communication between the county and the public. Commissioners approved the move, but not without contention and a question of legality.
Schneider recommended the duty of community liaison be assigned to Jennifer Gaertner, who already worked on a part-time basis in the county attorney's office. Gaertner's additional responsibilities, which include working with each animal control officer who comes into the sheriff's office; handling applications for destruction, livestock kills and animal seizures; tallying and recording stray and unwanted animals; updating the county website with pictures and information of impounded animals; and working with animal rescue organizations, would increase her hours to full-time status. Schneider said Gaertner has already worked numerous hours toward the establishment of a structured animal control facility, both on county and personal time.
"I think it's a new approach. I'm not sure if any other counties have done this before, but I think it sets a good example," Schneider said. "We are going to listen to the citizens of our county, but we also ask them to understand that the county is limited in its statutory authority."
Pct. 2 Commissioner Bobby Harris, who also sits on the animal control planning committee, expressed some concerns regarding Gaertner's appointment, specifically whether the court had the appropriate authority to create a position that is detailed in an as-yet unapproved animal control order.
"I think we're trying to put the cart before the horse," Harris said. "I would like to ask for the attorney general's opinion."
Harris also queried whether the creation of a community liaison for animal control during the 11th hour of Schneider's tenure as county attorney was appropriate.
"Let me remind you that we have a new county attorney coming in January," Harris said. "She's leaving office Dec. 31. He's the man who has to enforce this."
Schneider argued that County Attorney-Elect John Payne would have the same authority to change the arrangement of liaison as he would any other policy or staffing arrangement currently in place once he takes office. She also countered that the county had the authority to approve a county employee position. County Treasurer Kay Welch said that the county could add additional duties to an existing position by modifying the job description.
"My vision of the order was that the position would be a full-time community liaison," Schneider said. "I'm asking the court to consider trying this on a part-time basis."
County Auditor Christina Moeller said that the transition from a part-time to full-time position, including the benefits package, would cost the county $14,000. For now, Moeller said, the funds would come out of the county attorney's office contingency funds. Sheriff Weldon Tucker said that Gaertner's liaison status would free at least 50 percent of one animal control officer's time, who could perform other relevant job tasks.
"It's going to give us back the opportunity to do other things," Tucker said. "You betcha'."
Harris was the lone opposition to the approved motion, stating for the record that he would like to have an attorney general's opinion, as well as input from Payne. The vote passed four to one.
"It's nice not to have hearings to euthanize a dog," County Judge Richard Evans said. "That's a terrible hearing. It's the only time that you have to execute the victim."
ANIMAL CONTROL ORDER
Convening for the first time to discuss and resolve animal control issues that have cast a negative light on the county, a court-appointed committee comprised of Schneider, Harris, Neely, Moeller, Rabies Control Authority Dr. Conrad Nightingale, Animal Welfare Society Founder Sandee Bowman, Pct. 4 Commissioner Doug King, and Cowboy Capital Pet Assistance League Representative Roger Sullivan argued, debated, and - on at least one issue - agreed to disagree. The committee, which met Nov. 20, was called for by Evans after commissioners dissolved the contractual agreement with CCPAL for the care and maintenance of the county's impounded animals, returning the responsibility to the animal control officer via the sheriff's office.
While progress appeared to be made, all suggested changes to the current order must go before commissioners, who will have to approve them before they are implemented.
The items pending court approval include:
-Animal licensing.
Micro-chipping was uniformly agreed upon. Nightingale said that although visible tags could deter property owners from shooting dogs at large, micro-chipping was a more efficient form of identification. Referencing the much-debated National Animal Identification System (NAIS), which, if passed, would mandate all livestock be chipped and logged in a national database, Nightingale said biological tagging was inevitable and the wave of the future.
"There are people opposing it, but it's going to happen whether we want it or not," Nightingale said. "It's the best way to ensure lost animals are returned to their owners."
Schneider said she was targeting March 1, 2009, as the start date for the micro-chipping program.
-Breeders' licensing.
Following Bexar County's lead, Bowman suggested mandatory licensing for all breeders in Bandera. Neely and Nightingale concurred, adding that at no time should people be legally permitted to sell puppies on street side corners.
-Impound fees.
Fees discussed were fashioned on similar specs as those in Kerr County, which include $0 for impounded animals that are vaccinated and tagged/micro-chipped for the first offense; $20 for the second offense; and $30 for the third offense. Fees for animals impounded without identification could be $0 plus micro-chipping fee for the first offense; $75 for the second offense; and $100 for the third offense.
Neely said that he always attempts to locate a loose dog's owner before impounding it, so that fees are kept at a minimum.
-Necropsy reports.
All injured or sick animals may be taken immediately to a veterinarian while in the county's custody. Bowman pushed for necropsy reports for all animals that die while in the county's care, in addition to an animal control officer's report.
Schneider and King said that a vet's visit for a deceased animal would be an expense to the county, but Bowman disputed the argument on the basis of checks and balances.
"I know the amount of bad press the sheriff's office has received could have been avoided [with a vet's report]," Bowman said, who added that the additional report could protect Neely, as well as the other animal control officers. "I think for the county's benefit, it would be better to have this in place."
-Impound period.
The current ordinance dictates a three-day holding period. The group agreed that a five-day holding period was more appropriate. Schneider said the countdown would not begin on the day of impoundment and the five holding days were business days only, which could translate into an impound period of up to eight days.
-Animal Cruelty.
Drivers could be cited for freely roaming dogs in the back of their pickups. Bowman said leashes are made to safely tether dogs in the bed of trucks without posing a strangulation risk, but it is still better to crate a dog or put it inside of the vehicle. Neely said, if approved, he would issue warning citations for first offenses, but subsequent offenses would be subject to fines.
"I'm for it, but we may get a lot of flack," Harris said. "It's the same as asking cowboys to diaper their horses."
-Stray cats.
Incurring the greatest amount of debate, disagreement regarding how to define a feral cat led to ultimate indecision on how long to, or if to, impound felines.
"We get a lot of feral cats in, which really takes up space," Schneider said, who added that the county has fielded only one call from an animal owner missing their cat.
Harris, taking exception with the term, said that a supposed feral cat living at large near his Lakehills restaurant later became the Tadpoles mascot, and his personal lapcat.
"The Medina County shelter kills all of their cats," Harris said. "That will not happen in Bandera County."
Nightingale said that he agrees with current statute, which requires the county to put down all cats that are picked up in zero to three days. Bowman was adamantly opposed, and stated that cats are entitled to the same impound period that dogs are.
"Who determines if a cat is feral," Bowman said. "There should not be a discrepancy between dogs and cats. They should all have the same opportunity for lifetime expectancy."
Neely said that if feral cats were regarded the same as dogs, the county would have to have an additional area to house the cats. Harris cited statistics that in 2006, 55 cats and 44 kittens were picked up by the sheriff's office; 128 cats and 102 kittens were impounded in 2007; 44 cats and 31 kittens were picked up through October of this year. All of the cats were cared for and maintained by CCPAL.
-ACO duties.
"I think Rick is doing an awesome job," Schneider said. "We're very lucky."
Bowman suggested Neely receive specified animal control training to learn all aspects of animal control, officer safety and euthanasia administration. She also suggested quarterly classes for continued education for all deputies within the sheriff's office.
Schneider said that she hopes commissioners will increase Neely's salary to compensate him for additional specialty training. With the inclusion of a liaison to make the county more accountable to the people, Schneider said the negative reputation of animal control officers as dog catchers should be extinguished.
"Hopefully, we've learned from the past," Schneider said.
Source: banderabulletin.com
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