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Commissioner Dorosin summarized his understanding of process as being proposed. <br /> He asked if the third member of the appeals panel would receive training in order to be informed <br /> and equipped. <br /> Bob Marotto said yes. He added that the Towns would appoint people to serve on the <br /> appeals panel, when the owner of the animal is a resident of said town. <br /> Commissioner Dorosin clarified that the panel would be made up of three people: two <br /> from the ASAB, and one outside citizen. He said someone from Animal Services would present <br /> the case. He said it seemed reasonable to think that the owner in question may feel at a bit of a <br /> disadvantage. He said due process should include a meaningful opportunity to be heard by an <br /> impartial decision maker. <br /> Commissioner Dorosin suggested the possibility of appointing two people from the <br /> community, allowing the appeals panel to be made up of one ASAB person and two non-ASAB <br /> persons. He said a group of people could be appointed and could rotate. He asked if this <br /> would work. <br /> Annette Moore said it is more important to establish the appeals process, rather than <br /> who serves on this panel. She said she is speaking for the Attorney's Office and it is the <br /> pleasure of the Board as to who serves on this appeals panel. <br /> Bob Marotto said it is absolutely the Board of County Commissioners' decision. He said <br /> in the past five years, about 65 potentially dangerous dog hearings have been heard. He added <br /> that, to the best of his knowledge, no one has ever voiced an appeal about how those hearings <br /> were conducted or their outcome. He said it is difficult now to convene an appeal board due to <br /> the level of commitment that is required. <br /> John Roberts said this is not a perfect document and it could be adopted tonight giving <br /> authorization to staff to make non-substantive changes. He said the appeals process may not <br /> be perfect but he does not see it to be lacking in fairness or equity. He said the Board could <br /> adopt the ordinance and give it a trial run in its current form. He said it could be amended on <br /> very short notice. <br /> Commissioner Dorosin thanked the staff for their input. He noted it is important as they <br /> are the experts. <br /> Commissioner Dorosin asked if the dangerous dog-hearing appeals are currently heard <br /> by a particular group of people. <br /> Bob Marotto said three members of the ASAB, including a veterinarian, an at large non- <br /> municipal member, and any other member of the ASAB. He said this group has consistently <br /> heard these appeals. He said over time the sophistication of the ASAB members has grown <br /> immensely. <br /> Commissioner Dorosin asked if Carrboro's process is different. <br /> Bob Marotto said Carrboro has an appointed animal control appeals board which has <br /> no other function. He said this board is made up of one alderman and two residents at this time. <br /> Commissioner Dorosin said if the BOCC is interested in changing the make-up of the <br /> appeals board, there could be a pool of potential hearing officers that are required to get training <br /> in the ordinance and have categorical expertise as well. <br /> Annette Moore read the language in the personnel ordinance: "neither the employee <br /> nor the County shall be represented by counsel at the hearing; however, the employee may be <br /> accompanied by an individual of the employee's choosing to witness the proceeding. The <br /> accompanying individual may not participate in the hearing." <br /> Commissioner Jacobs asked if it is clear that the accompanying person can advise, but <br /> not speak. <br /> Annette Moore said yes. She said she has been a part of such hearings and that is how <br /> they occur. <br /> Commissioner Jacobs asked if this ordinance could be worded as plainly. <br /> Annette Moore said yes. <br />