Agenda - 02-16-2016 - 6-a - Minutes

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14 1 may appoint one person from their respective jurisdictions to serve in the pool of prospective 2 hearing board members. (Does not apply in the Town of Carrboro) 3 4 In addition to the changes made above, a separate document was created entitled 5 "Animal Services Appeal Board Policies and Procedures" (see attached) to include changes 6 made by the BOCC. 7 The Resolution of Adoption proposes an effective date of March 1, 2016 for the 8 proposed UAO. This timeframe allows for implementation of the public awareness plan in all of 9 the jurisdictions in which it would apply. A revised timetable for the public awareness plan is 10 attached. 11 12 Commissioner Dorosin referred to the section about the appeals panel, and asked for 13 clarification regarding what happens after the hearing. He asked if the person allegedly in 14 violation of the chapter can appeal to the District Court if need be. 15 Annette Moore said a dangerous dog complaint could be appealed to the District Court. 16 Commissioner Dorosin asked if there are other appeals heard by this panel would, that 17 would not have this provision. 18 Annette Moore said a nuisance issue or a kennel issue would not have the provision to 19 appeal to District Court. 20 John Roberts said if citizens wanted more relief, an injunction could be filed with the 21 court. 22 Commissioner Price referred to the appeals panel and expressed concern regarding the 23 consistency of decisions. She asked if the member of the Animal Services Advisory Board 24 (ASAB) serving on the appeals panel would remain the same for an extended period of time. 25 Annette Moore said all members of the appeals panel will receive the same training, and 26 there is more than one person from the ASAB that can sit on the panel. 27 Bob Marotto said on the current potentially dangerous dog appeal board, there is an 28 annual appointment to this board from members from the ASAB with primaries and alternates 29 chosen. He said there is consistency across the board, and he is sure this would be the same 30 for this new panel. 31 Commissioner Price referred to the issue of the sole discretion of the director and asked 32 if it is possible that an investigating officer, or an attorney, can sign off on decisions. She said 33 she is concerned with one person being solely responsible for this. 34 Annette Moore said that is why the appeals process exists. She said the director is 35 highly trained, and the animal control officers are under his/her direction. She said the director 36 is in the best position to make a decision. She said if an appeal is filed and the appeals panel 37 reaches a different conclusion, the director's decision can be overturned. 38 Bob Marotto said the director makes no decisions until a thorough investigation has 39 been completed. He said any conclusions drawn from investigations are reviewed several 40 times before the director makes a final decision. He said the nature of communication at Animal 41 Services, along with the appeals process, allows for great accountability and transparency. 42 Commissioner Price asked if the investigation report contains a recommendation from 43 the investing officer. 44 Bob Marotto said yes. 45 46 PUBLIC COMMENT: 47 Susan Elmore said she is a member of the ASAB, and the work on the revised 48 ordinance is for the Board's approval tonight. She said she wanted to remind the Board that the 49 original goal of this ordinance was to merge the three existing ordinances with the towns, to fill 50 any gaps, and to clarify legal language as needed. She noted that stakeholders have been