Agenda - 10-01-2013 - 7a - Laserfiche WebLink

Browse Search

21 Appeals Process September 25, 2013 Page 2 In 2012, the Board of County Commissioners affirmed the hearing of appeals of potentially dangerous dogs as one of the responsibilities of the ASAB in adopting the board's new Policies and Procedures (Section V. Committees). The new policies and procedures document also contains provisions for "Other Appeal Committees." In 2012, Animal Services convened five (5) potentially dangerous dog appeal hearings, and this year to date there have been six (6) appeals. Prior to convening an appeal hearing, the declaration made by the Animal Control Manager in coordination with the investigating Animal Control Officer is reviewed by the Animal Services Director to confirm that the declaration has merit. The ASAB potentially dangerous dog appeal committee has become quite seasoned. The committee is supported by the Animal Services Director, and as needed, the department's staff attorney. Last year the Animal Services Director and the staff attorney provided training about these appeal hearings to all ASAB members. Among other things, the training included types and rules of evidence; elements and definitions for statutory declarations; and the overall appeal procedure for such declarations mandated by state law. Proposed Appeal Process: An integral part of the proposed Unified Animal Control Ordinance is a two - step appeal process for civil citations and administrative orders. These two steps are: 1. Step 1 - An appeal to the Animal Services Director; and 2. Step 2- An appeal of the Animal Services Director's decision to a committee of the Animal Services Advisory Board (Sec.- 4 -54). The proposed appeal process would mirrors the one currently in place for reviewing potentially dangerous dog declarations under state law. Staff believes this is the best way to proceed by recognizing the authority vested in the position of Animal Services Director but providing a check on his or her decision - making. Conclusion: Staff deliberately made a generalized appeal process integral to the proposed Unified Animal Control Ordinance. They have done so on the basis of legal and civic considerations and their experience with all aspects of Animal Services. The two -step process is compatible with existing processes, manageable and ensures that there is due process in the administration of the ordinance.