HomeMy WebLinkAboutAgenda - 11-03-2004-9bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 3, 2004
Action Agenda
Item No. ~ ~ {a
SUBJECT: Actions Steps in the Creation of an Animal Services Department
DEPARTMENT: County Manager's Office PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Draft Animal Services Director Class
Specification
2. Transfer of Animal Control Positions
3. REVISED Draft Animal Services
Advisory Board/Rules of Procedure
4. Proposed Organizational Chart
5. Updated Transition Timeline
INFORMATION CONTACT:
John Link, County Manager, ext 2300
Gwen Harvey, Asst, Cty. Manager, ext 2307
Elaine Holmes, Personnel, ext 2552
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To authorize action steps to create the proposed Animal Services Department by
early 2005.
BACKGROUND: At its meeting on October 5, 2004, the Board of Commissioners considered
a Staff update on the transitional steps associated with the creation of the proposed Animal
Services Department/Bureau, The update addressed analysis completed and actions
underway by the County management team to effect the creation of an Animal Services
Department or Bureau by early 2005, The team sought to address in its analysis those issues
and concerns expressed by the BOCC in the course of its review of the Animal Shelter
Operations Task Force interim report on governance and management,
A brief review of key points from the original Staff Update begins below:
Department or Bureau
The Task Force did not distinguish between Animal Services as a Department or Bureau;
however, staff review suggests the creation of a Department given the perceived goal to cluster
related programs, services, and activities under a single administration, with sole focus on
animal care, having direct connection to the office of the County Manager for public
accountability and operating performance, The Director will report to the County
Manager/Assistant County Manager.
Animal Services Director Position
The purpose of the Animal Services Director is to manage and direct two related but
independent functions, Those functions are animal sheltering and animal control. The Director
would manage and coordinate those functions to provide for the critical strategic planning,
resource management, facility development, and public involvement skills demanded in a
specialty field that staff thinks will continue to face increased scrutiny and assessment at the
local and state level, The Director position would be sufficiently freed from the day-to-day
operational detail to cultivate the alliances, develop the organizational capacity, and pursue the
comprehensive planning that is currently necessary, and to become even more so as the
County approaches the serious task of relocating the Shelter,
In connection with establishing the Animal Services Director position, it is necessary to amend
the Orange County Classification and Pay Plan to add the new class of Animal Services
Director, The Personnel Department reviewed the projected duties and responsibilities and
considered comparisons with other County positions. As a result, Personnel recommends that
the Animal Services Director position be established at Salary Grade 24, which has a range of
$52,335 to $83,664,
Attachment 1 is the draft class specification.
Transfer of Animal Control Positions
Effective with the implementation date of the new Department, the Animal Control Division,
including all employees and positions, would transfer organizationally from the Health
Department to the new Animal Services Department.
Attachment 2 is an explanation from the Personnel Director and County Attorney on the
process involved,
Rabies Prevention Policies
Health Department staff drafted and/or modified reporting and records keeping considerations
consistent with State law, ordinances, and existing departmental duties that will ensure that the
statutory authority of the Health Department is maintained in the projected transfer of the
Animal Control function to the new Animal Services Department,
These policies were reviewed by the Animal Control and Environmental Health Committee of
the Board of Health in early October and are scheduled for approval by the full Board of Health
at its meeting on October 28, Upon adoption by the Board of Health, the policies will be
implemented by the Health Department with an effective date of November 1, 2004.. The
policies account for the transfer of the Animal Control Division to the new Animal Services
Department and should provide for seamless implementation,
Amendments to Orange County Ordinances Related to Animals
The County Attorney is reviewing where modifications will be necessary in existing ordinances
to reflect the new Department. Any required changes are anticipated to come before the BOCC
in February 2005,
Advisory Board (Including Adoptions and Dangerous Dog Appeals Process)
Attachment 3 is a REVISED draft set of "Rules and Procedures Governing the Organization
and Operation of the [Proposed] Orange County Animal Services Advisory Board. This Board
to be appointed by the BOCC would serve in a strictly advisory capacity to the new Animal
Services Department.
The revised draft is based upon changes received in writing from the BOCC. Staff has also
used the current Rules of Procedure of the BOCC as a reference guide. The BOCC can
choose to confirm this revised draft or make further modifications as desired.
Organizational Alignment
Attachment 4 is an organizational chart depicting the proposed Animal Services Department
Suaaested Next Phase for the Animal Shelter Operations Task Force
The Animal Shelter Operations Task Force met on September 30, 2004, The members
received a report from Staff on transitional activities after July 1, a briefing on the Transitional
Operating Procedures Manual for the Orange County Animal Shelter, and a preview of
Governance/Management issues pending before the BOCC, including the structure of the
proposed Animal Services Advisory Board,
Staff suggests that the next phase of the Animal Shelter Operations Task Force consist of
probably 1-2 meetings to discuss the Transitional Operating Procedures Manual for the Orange
County Animal Shelter and offer any feedback and input on this evolving body of work, Future
review and comment on the Manual would be part of the on-going, normal business of the
Animal Services Advisory Board.
The Transitional Operating Procedures Manual is based upon the Humane Society of the
United States (HSUS) "best practices" template provided as part of their consultation to the
County, and was further customized by Animal Shelter management consistent with the
Preliminary and Final Reports of HSUS on disease prevention and operational improvements.
The final draft was compiled and edited by a work group that included the Shelter Director,
Administrative Manager, Operations Manager, Animal Control Director, an Animal Control
Officer, the Veterinarian from the Board of Health and one of the Consulting Veterinarians from
the Shelter.
Along with input on the Transitional Operating Procedures Manual, the BOCC may wish to
designate other areas of involvement for the Task Force before it "sunsets" with the
appointment of the official Advisory Board in January 2005, One option may be having the
Task Force membership consider serving as a "focus group" to assist in the Animal Shelter
relocation process (but not on any group specifically charged by the BOCC with the actual
siting, design or construction of the new facility), Another option would be to encourage Task
Force members to continue to support the Shelter as volunteers working in cooperation with the
Shelter Director and staff. Members of the Task Force may also wish to apply for appointment
to the Animal Services Advisory Council under applicable membership categories, Either way,
it is important that there not be two animal advisory groups working at the same time, and staff
would recommend that the Task Force "sunset" no later than March 15i or at the point when the
new Animal Services Advisory Board is appointed,
Draft Plan and Timeline for Establishing the Animal Services Department and Completing
Transition to the New Organization
Attachment 5 is an updated Transition Timeline,
FINANCIAL IMPACT: The FY04-05 Approved Budget provided appropriations for both Animal
Control and the Animal Shelter, including the Animal Services Director position.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve establishing a new Animal Services Department effective no later than March 1,
2005;
2, Approve establishing the Animal Services Director Position effective January 1, 2005;
3, Approve amending the Classification and Pay Plan to add the class of Animal Services
Director at salary grade 24;
4, Approve transferring Animal Control personnel, inventory, and assets from the Health
Department to the Animal Services Department no later than March 1, 2005;
5. Approve creating an Animal Services Advisory Board, and confirm its Rules of
Procedure; and
6, Provide further direction and instructions, as may be desired, to the Animal Shelter
Operations Task Force, and establish a "sunset" date of no later than March 1, 2005, or
at the point the new Animal Services Advisory Board is appointed
Attachment 1
JOB TITLE: Animal Services Director
AS/ 1
JOB SUMMARY: This position is responsible for planning and directing the operations
of the Animal Services department which includes both animal shelter and animal
control services.
MAJOR DUTIES:
o Provides managerial leadership and overall direction for the department.
o Directs the development and implementation of shelter and animal control policies,
procedures and protocols, including those relating to disease management,
euthanasia and sanitation.
o Represents the department as the department head, assuring necessary
coordination and reporting to the Manager's Office and other County departments.
o Develops short and long range plans and goals for the department; determines
project priorities in conjunction with the Assistant County Manager, County Manager,
Board of Commissioners and outside agencies.
o Develops disaster management plans to provide for animal welfare in the event of
natural or other disaster, including coordination with involved community groups and
volunteers and public information,
o Develops and recommends needed updates or amendments to Animal Control
ordinances and assures these are coordinated with relevant State laws,
o Prepares agenda abstracts for consideration by the Board of Commissioners;
attends meetings and makes presentations as needed,
o Develops and maintain cooperative working relationships within the County and with
Town officials on shelter and animal control needs.
o Oversees the development of community outreach programs to promote the
fostering or adoption of animals from the shelter,
o Oversees the business operation of the animal services department including facility
management, budget, personnel, and purchasing. Manages the fee development
recommendation process, including appropriate cost analysis,
o Works closely with Shelter management to develop and manage contractual
arrangements for veterinary services as well as assuring the necessary monitoring
and appropriate treatment far animals in need of veterinary attention.
o Oversees the collection and reporting of data used in animal intake, licensing and
shelter management to assure the accuracy of data and that the organization's data
needs are met,
o Oversees the development and distribution of public education information and
promotional activities far the community on animal issues and care.
o Works to ensure necessary communication and coordination with the Health
Department in the fulfillment of statutory responsibilities that pertain to vicious animal
confinement, rabies control and zoonotic disease transmission within the County.
o Assures provision of processes for citizens to provide feedback and raise complaints
as appropriate and that these are addressed effectively and in a timely way.
o Provides staff support to the Animal Services Advisory Board.
o Engage and facilitate volunteer participation and private philanthropy that help
further organizational mission and objectives,
o Oversees the hiring, training and evaluation of staff,
o Performs other related duties as assigned.
KNOWLEDGE REQUIRED BY THE POSITION:
o Knowledge of federal, state, and local laws and ordinances relating to the control
and welfare of animals.
o Knowledge of the principles and practices of animal care and animal health.
o Knowledge of state and county requirements and guidelines governing animal
shelters,
o Knowledge of practices and protocols for dealing with rabies,
o Knowledge of federal and state laws regarding animal euthanasia methods.
o Knowledge of county ordinances, including personnel and budgeting procedures.
o Knowledge of department policies and procedures,
o Skill in gathering and analyzing complex data.
o Skill in developing short and long range plans.
o Skill in supervision.
o Skill in public and interpersonal relations.
o Skill in oral and written communication.
SUPERVISORY CONTROLS: The Assistant County Manager assigns work in terms of
overall goals and objectives, Work is reviewed through conferences, reports, and
observation of departmental activities for the nature and propriety of the final results.
GUIDELINES: Guidelines include federal and state laws and regulations, local animal
control and health ordinances, and department policies, procedures and manuals,
These guidelines require judgment, selection and interpretation in application.
COMPLEXITY: The work consists of varied management and supervisory duties,
Conflicting priorities, sensitive political issues, and the scarcity of resources contribute
to the complexity of the work.
SCOPE AND EFFECT: The purpose of this position is to direct and oversee all
department programs and operations, Successful performance in this position helps
ensure public safety, shelter for abandoned or abused animals, and enhanced public
awareness of animal services laws, policies and procedures.
PERSONAL CONTACTS: Contacts are typically with elected officials, Animal Services
Advisory Board members, coworkers, other county employees, animal services
directors from other agencies, and the general public.
PURPOSE OF CONTACTS: Contact are typically to give and exchange information,
provide services, resolve problems, motivate persons and settle matters.
PHYSICAL DEMANDS: The work is typically performed while sitting or standing.
WORK ENVIRONMENT: The work is typically performed in an office,
SUPERVISORY AND MANAGEMENT RESPONSIBILITY: This position has direct
supervision over the Animal Shelter Manager (1) and Animal Control Manager (1),
MINIMUM QUALIFICATIONS:
o Knowledge and level of competency commonly associated with the completion
of a baccalaureate degree in a course of study related to the occupational field.
Experience sufficient to thoroughly understand the diverse objectives and
functions of the department in order to direct and coordinate work within the
department, usually interpreted to require two to four years of related
experience.
o Possession of or ability to readily obtain a valid driver's license issued by the
State of North Carolina for the type of vehicle or equipment operated,
8
Attachment 2
Transfer of Animal Control Positions and Employees
to the New Animal Services Department
The Orange County Animal Control Division presently is located in the Orange County
Health Department. The Animal Control Division has eight permanent positions,
including the Animal Control Director, five Animal Control Officers, one Administrative
Assistant and one Office Assistant
Effective with the implementation date of the new department, the Animal Control
Division, including all employees and positions, will transfer organizationally from the
Health Department to the new Animal Services Department.. With the transfer, the
Animal Control Director will report to the proposed new Animal Services Director.
Under State law, employees of the Orange County Health Department are covered by
the requirements of the State Personnel Act, With the transfer, the Animal Control
employees will no longer be covered by the State Personnel Act, In terms of the State
Personnel Act requirements and the County's personnel policies, there are three
changes resulting from this transfer that potentially impact employees:
Any decision as to dismissal, disciplinary suspension or disciplinary demotion of an
Animal Control employee would be made by the County Manager rather than the
Health Director, Presently these decisions are made by the Health Director.
Any employee appeal of a dismissal, disciplinary suspension or disciplinary
demotion would be to the County's Personnel Hearing Board rather than to the
State Personnel Commission, Presently the appeal is to the State Personnel
Commission.
After hearing an employee appeal, the Personnel Hearing Board's recommendation
would be made to the County Manager and the final decision on the appeal would
be that of the County Manager. Presently the State Personnel Commission's
recommendation is made to the Health Director and the final decision on the appeal
is that of the Health Director.
Since the County already has a substantial equivalency arrangement with the State in
terms of job classification, pay, recruitment and other key personnel policies and since
each permanent Animal Control employee who will transfer will continue to have a
"property right" in his or her job under the County's Personnel Ordinance -the same
right as under the State Personnel Act -there is no impact on the employees of moving
from coverage under the State Personnel Act to coverage under the County's policies
other than the changes in the disciplinary responsibility and appeal process described
above,
Later this fall, the Personnel Director plans to meet with the Animal Control employees
to explain the transfer process and impacts as well as answer any questions, At that
time, she also will provide written information to each employee describing the change.
~7lltclnwtevrt .~
SECOND DRAFT
Rules of Procedure Governing the
Organization and Operation of the
ORANGE COUNTY ANIMAL SERVICES ADVISORY BOARD
[INSERT DATE]
Charge to the Board
The Or~~rree County Animal Services Advisory Board (hereinafter, the "Board") is the
primary advisory body for the Orange County Animal Services Department (hereafter
"the Depaztment") and is chazged to provide input and advice to the staff of the
Department, This function may include reviewing the allocation of resources, assisting in
planning programs, and advising the Animal Services Director on policies and operation
of the Department.
Organization and Duties of the Board
1. Comaosition
The Animal Services Advisory Boazd (hereafter "the Board") shall consist of nine
members appointed by the Orange County Board of Commissioners.. Members shall be
residents of Orange County, who are not elected officials. and shall be drawn from the
following groups:
i,-~rv^,zc~t~miui~iarr(aflar~}
~l R~~~The Veterinarian serving on the Orange County Board of
Health
1 Veterinarian (at-far e
'.19ne~rRepresentative from Town of C-bagel-l frllCarrboro
=1 9ne-Representative from Town of I=Iildsber-errghChapel I-Iill
'-1 9ne-represe••'•~ati;;=Representative from Town of CarrbereHillsborouah
=' 19ne-rRepresentative from unincorporated areas of the county
=! 1 9ne-Rrepresentative drawn from ene-ai'the following groups: Orange County
animal welfare organization, hurnane organization, or animal rescue group
~'2 ~.al-Proi:essional animal mana ement/handlers e.
e=we-pro g .g,, members
drawn from owners, operators, or staff of large kennels, veterinary hospitals,
or professional dog trainers
2. Terms of Office
Except as otherwise provided here, Board members are appointed to serve three-year
terms. Initial appointments are staggered with the initial terms determined by the Board
of Commissioners.- Tlu-ee of the initial appointments are tluee-year terms; three of the
initial appointments are two-year terms; twe-three of the initial appointments are one-year
terms, The Board of Health veterinarian Board member is-a-Beard-membermust be
crm~entiv servintx on the Board of Health. ~ ,.cc.,.:,.'.°~'" ~" • ~'~•••- ~ ~'•'°` .,^,a w:~ ~~'•er
n,n~x-~=''. •• :.~.¢-ter'=sar-fro-r~°=:;i.~ "'.° °^°,.a ^+ r_r~..~,w No Board member
may serve more than two consecutive three-year terms, Vacancies may enl3~be filled for
the unexpired portion of the term of the member replaced, On the date and at the time of
Page 1 of5
10
the first regular meeting of the Board after the Boazd member's appointment by the
Board of County Commissioners, the newly appointed Board members shall be seated.
3. Removal from Office
By majority vote of a quorum present at a regular or duly called meeting, the Board may
recommend to the Board of Commissioners that a Board member be removed.. The
Board members serve at the pleasure of the Board of County Commissioners.
A. 4-Officers
(a) Chair and Vice-Chair
Tho n.,:..,.,i e ......:...... n;...,.,,....ti.,n ,.e~+e-as-go,...~;..~he-Beard-The Chair and Vice
Chair shall be elected annually by the Board and shall serve one-yeaz terms. The Chair
and Vice Chair shall be elected annually at the last regular meeting of the calendar year,
A proposed slate of officers for Chair and Vice Chair will be developed and presented at
the regular meeting prior to the election, An ad-hoc or regular committee of the Board as
designated by the Chair and approved by the Board will develop the proposed slate.
Nominations from the floor aze also allowed.. Each Board member shall vote by rell
c-aklwritten ballot veise Crete-for Chair and for Vice Chair on separate motions. In the
event of a tie vote, the Board shall continue balloting until the tie is broken,
jb) Secretary
The Animal Services Director shall serve as Secretazy to the Board.
5. Committees
The Board shall review the existing committee structure at least annually and in
consultation with the Animal Services De~rtment Director and County Manager, brine
forwvd to the Board of Commissioners naalee desisiens-recommendations regarding the
number and types of committees, Commmittee activities and reports aze subject to the
s~ervision and auuroval of the entire Board whose role is strictly advisory to county
management and the Board of Commissioners. The Board shall appoint the members of
each Board committee. Only Board members may serve as committee members of
standing Board committees and the number of Board members on any single committee
must be at least two members and may not exceed four members. To satisfy Orange
County's obligations under Chapter 67 of the North Carolina General Statutes with
respect to a "potentiallyy dangerous dog," a committee will be appointed as an Appeals
Committee and be responsible for hearing all potentially dangerous dug appeals. Three
Board members will serve as Appeals Committee members and shall be drawn from the
two veterinarian slots and the two professional animal management slats. This same
Appeals Committee shall he responsible for heazing any appeal of an adoption decision
made by the Department following the Operations procedures of the Department with
respect to such an appeal,
6. Oaen Records
Page 2 of 5
All written, printed or recorded materials received or made by the Board maybe
examined by the public, as provided for and as limited by the North Carolina Public
Records Act, NC General Statute 1.32-1 et seq. Members of the public may receive
certified copies upon request also as provided for and as limited by the North Carolina
Public Records Act.
7. Rules of Procedure
The Board will follow r~•-•~'~r°a •°•'^° ~' ~••~Eedurethe modified version as-spesr~ed
belevr:of Robert's Rules of Order, Revised. as employed by the Board of County
Commissioners.
Rule 1. Meetings
The Board shall hold regular meetings, at least quarterly, at which business maybe
conducted. Such meetings shall bepre-scheduled at a time and place agreeable to the
majority of members. A calendar of regular meetings will be established at the last
regular meeting of the calendar year for the next calendar year,
The requirements of the North Carolina Open Meetings Law, NC General Statute 143-
318.9 et seq,, shall apply to all Board and regular or ad hoc committee meetings.
Notification of the public will be in compliance with open meeting law notification
requirements..
Rule 2. __S~recal, emergency and recessed meetings
a. Special meetings
Special and emergency meetings of the Board or its committees may be called by the
Chair or three members of the Board, ~-pr~im,~',~;dand-following the procedures of
the North Carolina Open Meetings Law.
b. Recessed (adjourned) meetings.
A properly called regular, special or emergency meeting may be recessed or adjourned to
a specific time and place by a motion made and adopted as provided in these Rules of
Procedure in open session during the regular, special, or emergency meeting, The motion
shall state the time and place when the meeting will reconvene. No further notice need
be given of such a recessed properly called meeting.
Rule 3. Agenda
a. Proposed agenda.
The Chair and. Secretary axd-a~least-ene ~-~r-naarr~efftee~shall prepare an agenda and
meeting notices for proper distribution. A request to have an item of business placed on
the agenda must be received by the Secretary at least tlxee-seven working days before the
meeting. Each Board member shall receive a copy of the proposed agenda and any
relevant materials for each agenda item at-the-tneetitig-at least three workine days and
they shall be available for public inspection and/or distribution when they are distributed
to the Board members.
Page .3 of 5
~~
b. Adoption of the agenda.
As its first order of business at each meeting, the Board shall discuss and revise the
proposed agenda and adopt an agenda for' the meeting, The Board may by majority vote
add items to or subtract items from the proposed agenda. If items are proposed to be
added to the agenda, ~, • 'er-itr• v°:c-roquin-thywritten copies of
particular documents connected with the items will be made available at the meeting to
all Board members and public in attendance..
Rule 4. Public Address to the Board
Any individual or group, who wishes to address the Boazd shall when reasonably
possible, makes a request to be on the agenda to the Board's seeretarySecretary. The
Be^••~'~.-~-~*ccen~itle-at llle-meeting-wheth°,"i-rt~i-iil-izeai-the-ind:..:~,..~ui-vr-grvaprc^a;d-17eW
..-~•~hz;n; .Time will be established for general ~blic comment.
Rule 5. Order of Business
Items shall be placed on the agenda according to the order of business. Generally the
order of business shall be:
• Adoption of an agenda
• Approval of'the minutes
• General public comments
• Unfinished business
• New business
• Informal discussion
Rule 6. Presiding Officer
The Chair of the Board shall preside at Board meetings if he or she is present, The Chair
shall have the right to vote in all cases. In order to address the Board, a member must be
recognized by the Chair. If the Chair is absent, the Vice-Chair shall preside, If both the
Chair and Vice-Chair are absent, another member designated by vote of the Board shall
preside.
The presiding officer shall have the following powers:
• To rule rnotions in or out of order, including any motion patently offered for
obstructive or dilatory purposes;
• To determine whether a speaker has gone beyond reasonable standards of courtesy in
his/her remarks and to entertain and rule on objections from other members on this
ground;
• To entertain and answer questions of parliamentary law or procedure;
• To call a brief recess at any time;
• To adjourn in an emergency.
A decision by the presiding officer under any of the first tluee powers listed maybe
appealed to the Board upon motion of any Board member, immediately after such
decision is announced and at no other time. The Board member making the motion need
not be recognized by the Chair and may not be ruled out of order.
Page 4 of 5
13
Rule 7. Action by the Board
The Board shall proceed by motion, except in the case of elections of officers that shall
proceed according to the rules otherwise established in that-seetisrr-eI these Rules of
Procedure.. Any Board member including the Chair may make a motion.
Rule 8. Adoation by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present. A
majority is more than half of those present.
Rute 9. Ouorum
A majority of the currently appointed Board members (excluding vacant seats) shall
constitute a quorum. A majority is more than half. The Chair shall be considered a
member of the Board in determining the number on which a majority is based and in
counting the number of Boazd members actually present. A Board member who has
withdrawn from a meeting without being excused by majority vote of the remaining
Board members present shall be counted as present for purposes of determining whether
or not a quorum is present.
Rule 10. Minutes
The Secretary shall record {audioiape) meetings and prepare written minutes; however,
the same need not be verbatim. The minutes shall be open to inspection of the public..
The exact wording of each motion and the results of each vote shall be recorded in the
minutes, and on the request of any Board member, the entire Board shall be polled by
name on any vote.
Rule 11. Revision of Rules of 13y--laws-surd-Procedures
Subject to the approval of the Orange County Board of Commissioners, these Rules of
Procedure maybe revised by simple majority vote of Board members present at any
regular meeting of the Boazd at which a quorum is present. Distribution of a copy of the
proposed Rules by-}aimchange(s) to the members and a discussion of the proposed
change at the preceding month regular meeting shall precede such vote.. These Rules of
Procedure shall be reviewed every five years for possible changes. No provision of these
Rules of Procedure may be in conflict with State law. The Orange County Board of
Commissioners must approve all Rules of Procedure changes before they take effect.
Drafted Ocioher 1~. 1004
Page 5 of 5
~~
DRAFT
Dangerous Dog Procedures
Orange County Animal Services Department
INSERT DATEI
North Carolina General Statute Chapter 67-4.1., Article lA. Dangerous Dogs, section (c).
"The County or municipal authority responsible, for animal contr°ol shall designate a
person or a Board to be responsible for deter•rnining when a dog is a `potentially
danger°ous dog" mzd shall designate a sepm•ate Board to hear any appeal. The person or
Board making the determination that a dog is a 'potentially dangerous dog" must notify
the owner trz writing, giving tTie reasons, for° the deter°mirzatiorz, before the dog may be
considered potentially dangerous under this Article. T7:e owner may appeal the
deterrnirzatiorz by filing written objections with the appellate Board within thr°ee days.
The appellate Board shall schedule a hearing within 10 days of the, filing of the
objections,. "
1. The Director of Animal Control ("the Director") is the designated authority for
determining whether a dog is a "potentially dangerous dog" according to the
definitions in GS 67-4.1.(a) (2).
2. The Orange County Animal Services Advisory Board Appeals Committee is the
designated Boazd to heaz any appeals for determination of whether a dog is
defined as a "potentially dangerous dog."
3. The Orange County Animal Services Advisory Boazd Appeals Committee will
conduct the appeal hearing in accordance with the provisions outlined in GS 67-
4.1 (c) utilizing the following process:
a. Upon the Deparhnent's receipt of the written objections required for an appeal
the Director will notify the Animal Services Advisory Boazd Appeals
Committee of the receipt of the objections and will schedule an appeal heazing
within ten days of receipt of the appeal.
b. At least two members of the Appeals Committee will constitute the Hearing
Officers.
c. The Hearing Officers will conduct the appeal hearing within the required 10
days of the filing of the written objections.
d. The person filing the written objections and the person alleging a dog to be
potentially dangerous will receive notice of the date, time, and location of the
hearing at least 24 hours in advance of the hearing.
e. The hearing maybe conducted in the absence of the person alleging a dog to
be potentially dangerous.
f. The Heazing Officers will be provided a copy of the following documents in
advance of the meeting:
Documentation alleging the dog is potentially dangerous
• Investigation notes and summazy from the Department
• Letter of notification to dog owner containing potentially
dangerous dog determination
i~
• Written objections from the dog owner
• Correspondence or other documentation requested to be included
by the dog owner
g. The appeal hearing will be audio taped and a copy of the audiotape will be
retained for a period of one year in the office of the Deparment.
h. A written heazing sununary will be prepazed by the Department that includes
substantive discussion, pertinent documentation, and the decision of the
Committee,
i. The decision of the Committee is the final administrative decision.
j, During the appeal process, the determination made by the Director is "held in
suspension" pending the final decision of the Conunittee.
k, Written confirmation of the final decision of the Committee will be mailed to
the dog owner as soon as practicable after the final decision.
4. Any appeal from the final decision of the Committee shall be taken to the Orange
County Superior Court by filing notice of appeal and a petition far review within 10 days
of the fmal decision of the Committee as provided in G,S. 67-4.1(c).
/"T~Grtnv«tn~ I
Animal Services
Department
Bocc
County Manager/Assistant County Manager
Animal Services
Director
(1)
Animal Control
Manager
(1)
Animal Services
Advisory Boats
-Appointed by
BOCC
Animal Sheltering
Manager
(1)
Administrative Assistant
(1)
Office Assistant
fit)
Animal Control
Officer
(ti)
Program Coordinator
~~)
Accounting
Technician
~~)
Shelter Operations
Supervisor
(1)
Animal Care Health Care
Technician Technician
(6) (2)
Administrative
Supervisor
~~)
Office
Assistant
(2)
I~
Proposed Effective March,
2005
Attachment 5
17
Plan and Timeline for Establishing Animal Services Department
And Completing Transition to the New Organization
Activity Resp Target Date
1, Provide to the Board of Commissioners a report as to Staff 10/05/04
recommended Animal Services organization, Include in this:
• Governance recommendations including establishing
Animal Services as a County department, plan far lines
of communication and coordinated operational
procedures with Health Director and establishing an
Animal Services Advisory Board.
• Personnel related items including establishing proposed
Animal Services Director position and transfer of Health
Department Animal Control employees to Animal
Services,
• Recommendations on the role of an Animal Services
Advisory Board, including scope of board, areas of focus
and beginning date for the Board. Include in this subset
of Advisory Board to hear dangerous dog appeals,
• Update for the Board on the final activities of the Animal
Shelter Task Force in addressing remaining tasks and
completing its charge along with the targeted completion
date.
2. Determine the specific governance structure for Animal BOCC 11/03/04
Services and charge far the Animal Services Advisory
Board, including By-Laws/Rules of Procedure,
3, Initiate recruitment for Animal Services Director, if BOGC Staff 11/04/04
authorizes at November 3 Board meeting.
4. Draft proposed modifications for the Animal Control County 12/31/04
Ordinance to take account of the new organization. Attorney
5, Appoint Animal Services Advisory Board members, BOCC 01/24/05
6. Adopt proposed modifications for the Animal Control BOCC No later than
Ordinance to take account of the new organization, Along 02/01/05
with this, approve hearing procedure far dangerous dog (As needed, 2nd
appeals that takes account of the new organization and reading on
provides that a subcommittee of the Animal Services 02/15/04)
Advisory Board would hear these appeal,
1S
Activity Resp Target Date
7. Authorize enabling actions as may be necessary to transfer BOCC No later than
Animal Control to the new Animal Services organization, 02/01/05
Elements of this include:
• Transfer budget from Health Department to Animal
Services for Animal Control.
• Transfer of capital inventory from Health to Animal
Services
• Employee transition
• Others as identified,
8. Identify space and create office for Animal Services Director, Staff 02/01/05
9. Complete selection process and hire new Animal Services Staff 02/01/05 to
Director. 03/01/05
10. Complete establishment of new Animal Services Staff No later than
organization, 03/01 /05
11,Orient new Animal Services Advisory Board members, Staff No later than
03/01 /05
October 26, 2004