Agenda - 01-21-2016 - 7-a - Unified Animal Control Ordinance

Browse Search

110 EXCERPT FROM DRAFT MINUTES OF THE 12/15/15 BOCC REGULAR MEETING Commissioner Price asked if one must first be an employee or could one be hired to fill this role. Bob Marotto said one could be hired as a County employee to fill the position. He said cruelty investigator is a designation in the North Carolina General Statute. Commissioner Rich said she has concerns about the appeals process, noting two ASAB members sit on the panel. She asked if it would be possible to separate what the Board members do on the ASAB from their role on the appeals panel. She asked if there is a conflict of interest. John Roberts said individuals serving on the ASAB are favorable for serving on the appeals panel since they are familiar with the ordinance, instead of a random person. Commissioner Rich said she is still uncomfortable with this make up of the appeals board. Annette Moore said she did some research about what other entities are doing and John Roberts is correct that ASAB members have specialized knowledge, such as being a veterinarian. She said these individuals can also get the training to have technical knowledge of the UAO. She said the third person on the appeals panel would have the same training but is not a member of the ASAB. Commissioner Rich said she is not comfortable with the fairness of this yet. Annette Moore said this due process offers a notice and an opportunity to be heard. She added that the people on the appeals board should be able to identify what is a violation, and what is not. She said having board members with specialized knowledge has added value. Bob Marotto said an appeals board with expertise is needed. He said it is a combination of members of the ASAB as well as independent appointees. He said having a process by which executive authority can be appealed is necessary. He said it may not be perfect at this time but some codified due process must be put in place, as none exists currently. He said it can be reviewed and amended as needed. He said Carrboro elected not to use this appeal board for actions that arise within Carrboro but rather will maintain its own animal control board. He said Carrboro will review this decision in a year. Bob Marotto reiterated that there are several actions routinely taken by Animal Services that currently have no appeals process. He said this is not acceptable. Commissioner Burroughs referred to the administrative appeals process and said she has had experience when she was on the school board of a dual role. She said with her experiences an attorney was always present and asked if there is a reason why an attorney will not be present. Annette Moore said it is an administrative procedure and therefore is acceptable not to have an attorney. She said the ASAB will have an attorney present, but there procedure is not under the rules of evidence. She said allowing attorneys usually increases the stakes and makes things unnecessarily formal. Commissioner Burroughs clarified that the ASAB would have an attorney to make sure the processes are followed correctly and asked if the other party would not be encouraged to have an attorney. Annette Moore said an attorney can be present and confer with their client, but the clients are encouraged to speak for themselves. Commissioner Burroughs said this sounds similar to the school board process and having been a part of that system for seven years, she believes it can work. Commissioner Jacobs said he too appreciated all of this work and noted that people have strong feelings about their animals. He said he too feels concern about the attorney issue. He said if an animal's life is at stake, the owner is likely to want any and all help they can muster. He said it seems inappropriate for the County to limit what an owner can bring to bear to protect the animal's life. He suggested that different language in the ordinance may offer clarification on the process.