Agenda - 01-21-2016 - 6-a - Minutes

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16 1 John Roberts said no, it is an administrative hearing, but some of the formal rules of 2 judicial process may apply. He said once the appeals process is done, anyone would have 3 access to a court process if need be. 4 Commissioner Dorosin asked if moving on to the court system would be in the form of an 5 appeal of the administrative process. 6 John Roberts said it is does not specifically say that, and it could be in the form of an 7 injunction to get the County to stop the outcome of the administrative process. 8 Commissioner Dorosin summarized his understanding of process as being proposed. 9 He asked if the third member of the appeals panel would receive training in order to be informed 10 and equipped. 11 Bob Marotto said yes. He added that the Towns would appoint people to serve on the 12 appeals panel, when the owner of the animal is a resident of said town. 13 Commissioner Dorosin clarified that the panel would be made up of three people: two 14 from the ASAB, and one outside citizen. He said someone from Animal Services would present 15 the case. He said it seemed reasonable to think that the owner in question may feel at a bit of a 16 disadvantage. He said due process should include a meaningful opportunity to be heard by an 17 impartial decision maker. 18 Commissioner Dorosin suggested the possibility of appointing two people from the 19 community, allowing the appeals panel to be made up of one ASAB person and two non-ASAB 20 persons. He said a group of people could be appointed and could rotate. He asked if this 21 would work. 22 Annette Moore said it is more important to establish the appeals process, rather than 23 who serves on this panel. She said she is speaking for the Attorney's Office and it is the 24 pleasure of the Board as to who serves on this appeals panel. 25 Bob Marotto said it is absolutely the Board of County Commissioners' decision. He said 26 in the past five years, about 65 potentially dangerous dog hearings have been heard. He added 27 that, to the best of his knowledge, no one has ever voiced an appeal about how those hearings 28 were conducted or their outcome. He said it is difficult now to convene an appeal board due to 29 the level of commitment that is required. 30 John Roberts said this is not a perfect document and it could be adopted tonight giving 31 authorization to staff to make non-substantive changes. He said the appeals process may not 32 be perfect but he does not see it to be lacking in fairness or equity. He said the Board could 33 adopt the ordinance and give it a trial run in its current form. He said it could be amended on 34 very short notice. 35 Commissioner Dorosin thanked the staff for their input. He noted it is important as they 36 are the experts. 37 Commissioner Dorosin asked if the dangerous dog-hearing appeals are currently heard 38 by a particular group of people. 39 Bob Marotto said three members of the ASAB, including a veterinarian, an at large non- 40 municipal member, and any other member of the ASAB. He said this group has consistently 41 heard these appeals. He said over time the sophistication of the ASAB members has grown 42 immensely. 43 Commissioner Dorosin asked if Carrboro's process is different. 44 Bob Marotto said Carrboro has an appointed animal control appeals board which has 45 no other function. He said this board is made up of one alderman and two residents at this time. 46 Commissioner Dorosin said if the BOCC is interested in changing the make-up of the 47 appeals board, there could be a pool of potential hearing officers that are required to get training 48 in the ordinance and have categorical expertise as well. 49 Annette Moore read the language in the personnel ordinance: "neither the employee 50 nor the County shall be represented by counsel at the hearing; however, the employee may be