HomeMy WebLinkAboutAgenda - 09-17-1996 - 8h r
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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.
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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.
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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
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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
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