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HomeMy WebLinkAboutAgenda - 09-17-1996 - 8h r a 4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 19-h ACTION AGENDA ITEM ABSTRACT Meeting Date: September 17, 1996 SUBJECT: Reappointment of County Animal Cruelty Investigator and Appointment of a Second Animal Cruelty Investigator DEPARTMENT: County Manager PUBLIC HEARING: FEW BUDGET AMENDMENT: Al ATTACHMENT(S): INFORMATION CONTACT: Albert Kittrell APS Correspondence TELEPHONE NUMBERS: ext. 2300 Hillsborough -732-8181 Chapel Hill -968-4501 Durham -688-7331 Mebane -227-2031 PURPOSE:. To consider reappointing the County Animal Cruelty Investigator and appointing an addition Animal Cruelty Investigator. BACKGROUND: At the September 6, 1994 Commissioners Meeting the Board appointed an Orange County Animal Protection Society staff person to serve as the County Animal Cruelty Investigator. The appointment was made under the provisions of North Carolina General Statues 19A. The animal cruelty investigator was appointed to serve without any compensation or other employee benefits for a one year term subject to removal for cause by the commissioners. On October 2, 1995,the Board reappointed, upon APS request, Amanda Graham,APS Associate Director, as the County Animal Cruelty Investigator for another one year term. The APS has requested the reappointment of Amanda Graham for her third term as the County Animal Cruelty Investigator and the appointment of John Martenis, an APS staff person, as a second animal cruelty investigator. North Carolina General Statues 19A does authorize the Board to appoint one or more animal cruelty investigators. The second animal cruelty investigator would be appointed under the same conditions as the first investigator, no compensation and a term of one year. r • .Z The APS has investigated numerous reports of animal abuse or neglect the past two years. The designation of a second animal cruelty investigator would improve the efficiency of abuse, neglect and cruelty investigations. The County Animal Control Division of the Health Department concurs with the second appointment. RECOMMENDATION(S): The Manager recommends that the Board approve the reappointment and second appointment of County Animal Cruelty Investigators under N.C.G.S. 19A with the understanding that as, appointees of the County,the investigators will continue to follow the cruelty investigation protocol as agreed to by the County and APS, and will be subject to County review as is customary for any County appointed representatives. 3 3 ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY 1 061 AIRPORT ROAD CHAPEL HILL, NORTH CAROLINA 27514 TELEPHONE 919-967-7383 August 20, 1996 Mr. Moses Carey, Jr. , Chairman Orange County Commissioners 901 Lystra Lane Chapel Hill, NC 27516 Dear Mr. Carey, Nearly two years ago, in September of 1994, the Orange County Commissioners appointed me as an Animal Cruelty Investigator under NCGS 19A-45 . As you recall, this statute outlines a civil procedure to address cases of animal cruelty. This civil procedure can be used alone, or a criminal charge may also be made against the Defendant . The main benefit, however, is that the statute allows for issuance of a simple Seizure Order through a magistrate once probable cause has been demonstrated. The appointed Animal Cruelty Investigator can then execute the Order, with or without law enforcement, and expeditiously get an animal out of a dangerous or life threatening situation. In the first year of my appointment, I used the Seizure Order only three times . Two of the cases were won in court, and the other was resolved satisfactorily without having to prosecute. In the ten and a half months since the renewal of my appointment in October of 1995, I have already used the Seizure Order 14 times, two at the request of Orange County Animal Control . Five of these cruelty cases went to court and were won, six cases were resolved successfully in the animals' best interest without court action, two are still pending and one was dismissed because the Defendant was sentenced to three years in prison for felony drug charges . It' s been an extremely busy and satisfying time. Now with two years of experience behind us and the number of cases where intervention is needed growing, I would like to nominate a second appointee: Animal Protection Society Investigator John A. Martenis. The statute states that the "board of county commissioners is authorized to appoint one or 1 4 I. more animal cruelty investigators . . . " , and I am confident that , Mr. Martenis would be a professional and responsible choice. Mr. Martenis has had excellent professional training in animal cruelty investigation, including a week-long National Cruelty Investigation School at the Law Enforcement Institute at the University of Missouri as well as a nationally attended Advanced Cruelty Investigator' s Workshop co-sponsored by the Humane Society of the United States and the Animal Protection Society of Orange County. In the field, Martenis has successfully handled more than 500 cruelty cases, carefully following APS protocol and observing not only the letter but the intent of the law. Martenis' court room testimony and professionalism and poise on the witness stand have served the APS (and the animals) well in the more than two years he has worked for the organization. Familiar with state and local laws and ordinances, Martenis has also worked animal control for the Towns of Chapel Hill and Carrboro, and has participated in our after hours Emergency Animal Rescue Service. One of the most telling aspects of Martenis' ability, however, is the number of cases he is able to successfully resolve without court intervention. Education is always our first approach in any investigation, and Martenis is adept at working with a broad spectrum of people. The numbers of investigations handled by APS increased 57$ from 1994 to 1995, and 1996 cases will surpass even those numbers . Having Mr. Martenis as a second county-appointed cruelty investigator, under my supervision, would help save more animals and alleviate more suffering. I ask that you consider my request to give John A. Martenis an appointment under NCGS 19A-45 . I know that he will make a meaningful contribution to the people and animals of Orange County. inc rely, Amanda Graham Associate Director County-appointed Animal Cruelty Investigator c: John Link Albert Kittrell 2