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December 2017 The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control Governments and Private Animal Control Contractors
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December 2017 The ACO Voice - aco-acts.com · The ACO VoiceDecember 2017 ... the International City Manager Association’s Management ... government should request an annual independent

Aug 19, 2018

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Page 1: December 2017 The ACO Voice - aco-acts.com · The ACO VoiceDecember 2017 ... the International City Manager Association’s Management ... government should request an annual independent

The ACO Voice - Page 1

December 2017

The ACO VoiceA Monthly Magazine from Animal Control Training Services

The Only National Monthly Magazine Dedicated to Animal Control

Governments and PrivateAnimal Control Contractors

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By John MaysChanges could be forthcoming to the City of Kansas

City, Missouri's animal control department. The City isconsidering the transfer of field enforcement to the KansasCity Pet Project. In 2012, the K.C. Pet Project took overthe City’s animal shelter. City officials plan to hold ameeting to consider increasing the project’s responsibility.At the meeting, officials will discuss bringing all KansasCity animal health services and shelters under the controlof the K.C. Pet Project. A full vote won’t be considereduntil sometime in December.

ACTS has previously addressed the complexrelationship between governments and private animalcontrol contractors. The following excerpt is taken fromthe International City Manager Association’s ManagementInformation Report on “Local Animal ControlManagement”:

“The public administrators and elected officials of

today are well versed in such terms as user fees,management information services, and survey research.And concepts like these apply to animal care and controlprograms as much as they do to other governmentprograms.

Privatization is another popular concept for localgovernment managers, especially as they work to improvegovernment efficiency and effectiveness. In the field ofanimal control, however, it has become problematic forsome governments.

Many counties and some cities privatize their animalcontrol operations by contracting out those services to alocal, usually nonprofit, humane organization. Contractualarrangements vary from locality to locality. Most often,however, the humane society is reimbursed by thegovernment to provide basic animal control services,

Private Animal Control Contractors

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including animal pickup and sheltering. Other humanesociety services, such as education and spay/neuterpromotion, may or may not be publicly funded.

Although many excellent animal control programshave long been privatized, problems have sometimesoccurred when governments have failed to provideadequate funding for animal care and control servicesand relied on the local humane society to carry the load.Overburdened local humane societies have been forcedto curb their most essential services - includingeducational programs and spay/neuter assistanceprograms - or shut down entirely. When this happens,local governments must make last-minute fundingappropriations or, worse, attempt to handle animal controlusing untrained staff and a makeshift facility.

Cities and counties that contract out animal care andcontrol services must recognize that animal controlremains a governmental service, and they must adequatelyfund and carefully monitor contracting entities. Localgovernments should also consider handling animal careand control services themselves. “Cities and counties arefinding out that they can do it themselves and do it right,”says Pam Burney, past president of the National AnimalControl Association.

Humane groups and animal control commissions areexcellent resources for governments that want to buildproper facilities; train staff in humane, professional animalhandling and care procedures; and run effective, efficientoperations that reduce animal-related problems. Thereare numerous examples of excellent animal care andcontrol programs run by public animal controldepartments, just as there are many excellent programsrun by private organizations. What all have in common isadequate funding.”

When using private organizations to provide animalcontrol services, consider these points:

1. How much liability insurance does your contractorcarry? Keep in mind that most act as an “agent” for thegovernmental entity, and thus you are still legallyresponsible for actions of the contractor.

2. What enforcement powers have you granted toyour contractor? Is your contractor aggressive at enforcingyour laws?

3. What type of audit procedures are you allowedto place upon your contractor to keep track of thetaxpayer's money?

4. Does your contractor offer minimum andcontinuing training standards for the entire contractingstaff?

5. Does your contractor provide adequate sheltering

facilities for the care and housing of impounded orsurrendered animals?

6. Does your contractor maintain and provide properequipment and vehicles to ensure animal and humansafety?

7. Does your contractor promote a positive imagewithin the community?

8. Does your contractor meet or exceed therequirements to qualify for the contract?

9. Under current state statutes, does your contractorqualify for other types of funding?

10. Now ask yourself one very important question:Does your contractor meet or exceed the same level ofservices you would expect from your own operation?(End of Excerpt)

The question of whether or not it is advisable for ahumane organization to contract with city and/or countygovernment to do animal control work is open for debate.Many humane organizations perform contract animalcontrol work which runs the gamut from kenneling forthe city, to complete animal control work for an entirecounty.

Most humane organizations have a real struggleduring their formative stages to raise sufficient funds toenable them to function effectively. One of the first desiresis generally to own and operate an animal shelter. Such aproject is costly to begin with and requires a continuousincome to offset operational costs. Several humaneorganizations have turned to contracting with municipalgovernment as a means of assuring such an income. Thereare several points justifying this course of action:

• Often a humane organization could not existwithout some contractual income.

• A humane organization that operates a shelter canhardly avoid doing some, often a great deal, of animalcontrol work anyway. So why not contract, do it all andreceive payment?

• Many humane organizations have come into beingsimply because “pound” conditions in their area wereintolerable. These organizations often have no choice butto take over the enforcement of animal ordinances.

In spite of these arguments in favor of contracting,there are also weighty arguments against this practice:

• The image of the nonprofit charitable agencysupported by contributors may be seriously injured whenthe public realizes such an agency receives tax money. Itmay be quite true that the tax money received is insufficientto cover the costs of the activities engaged by the humaneorganization. However, many taxpayers will neverbelieve this. Continued on Page 6

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• Unquestionably, the “pound” image is not that forwhich a humane agency strives. There is no doubt thatthe public has prejudiced ideas regarding animal pounds.Contracting humane organizations must thereforecontinually stress the humane aspects of their work inorder to project a favorable image.

• Law enforcement officers do not enjoy the praiseand love of the general public. Operating a poundinvolves enforcing the animal ordinances. In manypeople’s minds that places the organization in a positionof being “against” the animal. The role of the humaneagency tries to assume is one of education, prosecutingonly in cases of cruelty or flagrant neglect. Enforcing a“leash law” may not seem to the public to fall into thesecategories.

Typically, there are three common variations to anAnimal Control contract:

• The Contractor will assume all of the AnimalControl-related duties.

• The Contractor will assume all of the AnimalControl-related duties, except the licensing program.

• The Contractor will assume animal shelteringduties but leave any of the Animal Control-relatedresponsibilities with government.

Performance standards and incentives should bedeveloped and incorporated into any contractualagreement (i.e.: service response times). Bonusincentives should be awarded for the achievement ofperformance standards; penalties should be assessed forthe failure to achieve performance standards. In addition,government should request an annual independent auditof the independent contractor's financial situation in aneffort to verify spending habits and support continuedfunding of the contract agreement.

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Look to Your Colleagues

Animal control can be a lonely business. Sometimesyou feel it’s you against the world; you often must go upagainst pet owners, complainants, your boss, city orcounty officials, other departments, animal welfaregroups, and more. It can make you frustrated, angry, andisolated.

Here’s where a state professional association canreally help out. Many states have these types of groupsthat you can join to network, share, learn, and drawsupport. Sometimes they’re animal control – sometimesanimal welfare – but in either case, you can belong andenjoy the benefits of membership. If you don’t have astatewide professional organization, start one! You’ll besurprised at how many other people in our work feelalone and isolated – people who would appreciate gettingtogether with others in the same roles.

How do you get an association going? It helps if

By Lauren Malmbergyou have a colleague or two who will share the burden.Reach out to nearby communities or large organizationsto see if someone wants to help get a group started. Then,identify animal control workers in different cities andcounties; you will often find a listing at your state’sDepartment of Agriculture or Public Health.

Once you’ve got your contacts, send an invitation tomeet. Choose a centrally located community, locate aroom big enough to accommodate everyone, and startposting invitations. Of course, with social media and theInternet, getting this information out can be pretty easy.Just be sure to include those groups who may not havesocial media presence, website or e-mail.

Your first meeting should have an agenda laying outthe decisions to be made. Will this be a formalorganization or a group that may get together once in a

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By Jeffrey ClemensFive Basic Horse Handling Items

Although loose livestock and horses may not be toocommon in urban areas, for the ACO's that work in themore rural, agricultural areas here are 5 items that canassist in the successful handling of horses in the eventthat they are at-large. Food is always a good attractantwhen trying to move and gain control of loose equines. Agrain bucket filled with COB (corn, oats and barley)works well in getting the animals attention and leading itto a secure area. Even a simple coffee can with a handfulof gravel will work in a pinch. Another option is to havea flake of alfalfa. Alfalfa placed into a plastic garbagebag and stored in the ACO vehicle also works well. Forhorses that are easy to handle, a lead rope and halter areinvaluable. It is important to learn the proper tyingtechniques for a lead rope prior to its use. A role of yellowcaution tape also comes in handy to make a quick visiblefence if the animal has wandered too far from its pasture.Although not a permanent enclosure, the tape can be usedfor a temporary means of confinement until the horse’slocation can be found or until the arrival of a trailer. Imight as well add a sixth item, and that would be to carryfence pliers. They come in handy for quick repairs or thecutting of a fence to safely confine the animal. As withall animals, caution must be used when approaching andhandling livestock. A bite from a horse or swift kick canrender one injured. If you ever have a chance to attend anequine/livestock handling course or large animal rescueclass, I would highly recommend it.

Don't Forget about TrainingLast month we featured an article regarding new

inventory for the upcoming 2018 calendar year. But whatabout training? Because most animal control agenciesare not required to participate in continuous educationand training by law, it becomes the responsibility of theACO or department to set up and provide proper coursesand classes for the professional development of the ACO.Normally, training is broken down into three categories:perishable skills, officer safety and legal updates orconsiderations. For traditional law enforcement, mostagencies require 40 hours of training within a three-yearperiod. Many agencies allow individuals to receiveunlimited training as long as it relates to the course andscope of their employment. The value of training can be

compared to a bank account; you get out of it only thatamount in which you have invested into it. Too oftenanimal control agencies require little or no training at allfor their employees, yet they expect them to stay safe onthe job, protect public safety and animal welfare withoutthe knowledge of how to do so. The goal of every agencyshould be to promote the professional development oftheir ACO's and field services through training,certification and consultation!

A Lack of SupportOne of the most frustrating areas for an ACO is the

lack of support they receive after submitting an animalwelfare complaint to the district attorney’s office or thedismissal of their case by a judge. This has been a commonpractice within the profession and the question is, whydoes it happen? The main reason is due to the criminaljustice system and the way it operates. The system iscomprised of three components: law enforcement, judicialprocedures and post-sentencing. The law enforcementdivision and sentencing divisions operate full-time,meaning 24-hours-a-day, whereas the judicial oradministrative section is limited to 8 hours during a 24-hour day. This causes an hourglass concept where thelaw enforcement and sentencing sides are forcing 24 hoursof influence into the 8 hour waistline of the judicial realm.When the prosecution’s workload stacks up and they areevaluating cases based on severity and priority, oftenanimal-related cases get pushed to the back-burner and,in many cases, rejected all together. In the event that acase is reviewed and filed it is also subjected to beingdismissed by the local judge for a variety of reasons.This concept is not just limited to animal control butexperienced by all law enforcement agencies. Cases mayget rejected in the early stages for reasons oftechnicalities, improper investigative techniques orbecause the prosecution is unfamiliar with the specificsof animal-related law. As to why a judge would dismissa case is anyone's guess. Nothing could be more deflatingto an ACO than to investigate a legitimate animal crueltyor welfare case only to have it dismissed for no apparentreason. When this happens, it takes away the incentivefor future cases. Why put in all the time and effort only tohave the above mentioned happen? There are some things

Jeff’s Corner

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while? If you go for the more formal route, you’ll need todevise bylaws, elect a board of directors, establishmembership criteria and dues, and select board officers.It sounds daunting, but it’s actually pretty simple.

What will the association do? Tailor yourassociation to meet your state’s needs. Just a few examplesof how state associations have devoted time and efforttoward:

• Hold regular meetings. Most associations holdregular quarterly or monthly meetings. Meetings providea place to conduct regular business but also to network.They serve as a forum for discussion of current issues,problems, and ideas.

• Create communication channels. Some associationsestablish communication channels for their members.Websites can be created with little or no money and usedas a resource for members looking for examples,ordinances, and more. Social media sites – think Facebook– can be easily created for instant communication betweenmembers.

• Highlight professionalism. State associations canadd to the professional image of animal control officers.Being a part of an organized group can show electedofficials, animal welfare groups and the general publicthat animal control agencies provide public safety andanimal welfare services and aspire to maintain theindustry’s best practices.

• Offer training. Many animal control officers cannotafford to attend national or even regional training events.State associations can pick up the slack by providingaffordable training. Using membership dues, nationallyrecognized speakers can be attracted to offer theseworkshops, but you may also have experts within yourown state to use for training that will save even moremoney.

• Create certification of Animal Control Officers.Some state groups have advanced the practice of certifyinganimal control officers – which can help elevate theprofessionalism, education and even pay for thesepositions. These same groups may even provide course

curriculum required for certification and manage theentire certification process.

• Influence legislation. Many state associationsbecome involved in proposing or influencing legislationto benefit the public, animals, and the profession. Ofcourse, an association of many agencies speaking withone voice carries more weight than just one. Without aunified voice, laws can be made that negatively affectyour work, and you may not have much hope of changingthem.

• Provide financial support. Some groups offerscholarships for training, have grant opportunities forprogramming, share resources and even offer assistancein disaster.

• Coordinate emergency response. A stateassociation can provide invaluable assistance if acommunity experiences a significant event such as anatural disaster.

The common theme throughout all of this isnetworking. All of these components of an associationprovide opportunities for you to develop relationships,learn how to do your job better, and stave off that “alone”feeling that all too often accompanies our work. So, ifyou don’t have access to a state association – start yourown! It’s very worthwhile.

Here are some links to state associations throughoutthe country which may be of help.

Texas Animal Control Associationhttps://taca.wildapricot.org/

Florida Animal Control Associationhttps://floridaanimalcontrol.org/

Illinois Animal Control Associationhttps://illinoisaca.org/

North Carolina Animal Control Associationhttp://www.ncarca.com/

New Jersey Certified ACO Associationhttp://www.njcacoa.org/

Washington Animal Control Associationhttp://www.wacaweb.org/

Continued from Page 7

in life that are out of the ACO's control. The bestrecommendation is to do the best that you can, conduct aproper investigation, write and submit a professionalreport and seek counsel from the prosecution or DA'soffice regarding the case. By keeping them in the loopand informed, you will stand a better chance at thesuccessful prosecution of your case.

Continued from Page 9

www.aco-acts.com

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ACTS Training ScheduleFor a registration form, visit www.aco-acts.com or call 913-515-0080

Training Course for Animal Control ProfessionalsHosted by the City of Poughkeepsie Police DepartmentDecember 14-15, 2017 - Poughkeepsie, New YorkSchedule of Training: Safe Handling of Aggressive and Dangerous Dogs; Citations, Dangerous and ViciousDeclarations; Tactical/Interpersonal Communication; Interview and Investigation Techniques

Training Course for Animal Control ProfessionalsHosted by the Topeka Police DepartmentDecember 18-22, 2017 - Topeka, KansasSchedule of Training: Basic Animal Control Officer Investigations; Evidence Law and Collection; CourtroomTestimony and Report Writing; Interview and Investigation Techniques; Challenging Encounters in AnimalControl; Animal Hoarding Investigations; Investigative Techniques for Cruelty and Neglect Complaints; SafeHandling of Aggressive and Dangerous Dogs; Citations, Dangerous and Vicious Declarations; Illegal AnimalFighting

Basic Animal Control Officer CertificationHosted by the North Fork Animal Welfare LeagueJanuary 22-26, 2018 - Peconic, New YorkSchedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication;Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection;Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe AnimalHandling/Capture and Restraint Equipment

Basic Animal Control Officer CertificationHosted by Sacramento County Animal Care and RegulationFebruary 5-9, 2018 - Sacramento, CaliforniaSchedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication;Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection;Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe AnimalHandling/Capture and Restraint Equipment

Training Program for Animal Control ProfessionalsHosted by Westminster Animal ManagementFebruary 8, 2018 - Westminster, ColoradoSchedule of Training: Interview and Investigation Techniques; Tactical/Interpersonal Communication

Training Program for Animal Control ProfessionalsHosted by Westminster Animal ManagementNovember 29, 2018 - Westminster, ColoradoSchedule of Training: Understanding the “Link” in Animal Abuse

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NEWS RELEASE

DISTRICT ATTORNEY SCHUBERT FORMS

ANIMAL CRUELTY UNIT AND TASK FORCE

Sacramento County District Attorney Anne Marie Schubert is pleased to announce the formation

of an Animal Cruelty Prosecution Unit in the District Attorney’s Office as well as a regional

Sacramento Animal Cruelty Task Force to address animal abuse throughout Sacramento County.

Recognizing a link between animal abuse and violent crimes against people (particularly child

abuse and domestic violence), the D.A.’s office believes a specialized unit will result in

consistent and skilled vertical prosecution of these offenders and that the task force will unite

partners in law enforcement and community organizations to improve training, communication

and awareness concerning issues of animal cruelty. According to the Humane Society of the

United States, a study determined that in families under supervision for physical abuse of their

children, animal abuse also existed within the home 88% of the time. Other studies reported a

high percentage of women entering domestic violence shelters stated that their partners had also

abused or killed a family pet. In seven school shootings that occurred across the country between

1997 and 2001, all of the young males involved had previously committed acts of animal cruelty.

The Animal Cruelty Prosecution Unit will be operational in January 2018 and is headed by

veteran prosecutor Hilary Bagley-Franzoia, who has been recognized nationally and locally for

her long commitment to animal abuse cases. Ms. Bagley-Franzoia will also chair the Sacramento

Animal Cruelty Task Force, which will hold its first monthly meeting on Wednesday, November

8. The task force will include members from numerous county and city law enforcement and

animal control agencies.