The Giuliani Administration and its City-Hall controlled Center for Animal Care & Control both lobbied aggressively to kill the State law amendment sought by SRAC that would have cleared the way for the NY City Council to create a Department of Animal Affairs without challenge by the Mayor. The CACC hired an expensive law firm who lobbied both in person (lobbyist Brian McMahon visited legislators to sway them with lies and misrepresentations about what this legislation does) and in a written memo (see below). Money spent by CACC to lobby only takes scarce resources away from the shelter animals. Shame on CACC.
While the misguided forces of oppressive government succeeded for this legislative session, come next January, the bills will be reintroduced, and State legislators will be apprised of the dishonest logic and unfair opposition to these bills so that they can fairly judge the merits of diluting the Mayor's power over NYC animals.
ON SENATE
COMMITTEE AGENDA
THE CITY OF
OFFICE OF THE MAYOR
(212) 788-1619
(518) 447-5200
MEMO IN OPPOSITION
LEGISLATIVE REFERENCE
S.3963 - by Senator Goodman - Rules Com.
A.1218 - by M. of A. Grannis - Cities Com.
TITLE
AN ACT to amend chapter 115 of the laws of 1894, relating to the better protection of lost and strayed animals and for securing the rights of owners thereof, in relation to authority over city's management of animals in any city having a population of over two million
SUMMARY OF PROVISIONS
Section I of this bill amends Section 8-C of Chapter 115 of the laws of 1894, which established the power of any city having a population of over two million to carry out the provisions of the act, by removing reference to the Mayor.
REASONS FOR OPPOSITION
The City of
The intent of the proponents of this legislation is clear if we look at an attempt in 1997 to file a petition for a ballot initiative to create this new department. The initiative contained numerous highly detailed provisions and mandates, and would have assigned to the new agency powers and substantial obligations not previously held by any municipal agency. The State Supreme Court determined that the ballot initiative conflicted with provisions in state law and that the administrative detail specified in the initiative exceeded the authority of the ballot initiative mechanism. This decision was subsequently upheld by the Appellate Court.
It is not at all clear what purpose a separate Department of Animal Affairs would serve. If the concern is, as the sponsors memorandum indicates, a lack of funding, then it is illogical to think that a separate Department would solve this problem. In. fact, under the contract with CACC, their annual operating budget has increased by over 70% since 1995. This appropriation does not include significant in-kind contributions from the City for administration and overhead and does not reflect the cost to the City for the purchase or rental of the facilities themselves.
The other concerns listed in the sponsor's memorandum and in recent
newspaper advertisements also need to be clarified because they are untrue and
misleading. The City has embarked upon an ambitious capital plan for expanding
and modernizing the animal shelters in Brooklyn and
In addition, we are moving ahead with plans to establish a facility in
CACC currently handles more than 63,000 animals annually, an increase of more than 6,500 since 1995. Despite this increase, the number of animals who are euthanized has decreased by nearly 10 percent and adoptions have increased by nearly 20%. It must be noted that the rates of adoption and euthanasia in the City's shelter system can never be comparable to private shelter systems. Most private shelters do not accept animals that are not adoptable. The City shelters have the responsibility for animals that no one else will accept, as well as those that are seized because they have become a serious threat to people. We believe that the addition of another layer of bureaucracy will not change these numbers. Instead we should encourage policies that promote responsible pet ownership, which can have more of an impact, than a separate department.
Accordingly, it is urged that this bill be disapproved.
Respectfully submitted,
[no signature]
ANTHONY P. PISCITELLI
Legislative Representative
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S:Al2l8
6/11/99
S - com.
Nixon, Hargrave,
Devans & Doyle LLP
Attorneys and Counselors at Law
ONE KEYCORP PLAZA
(518) 427-2650
FAX: (518) 427-2655
June 14, 1999
MEMO IN
OPPOSITION
ON BEHALF OF
CENTER FOR ANIMAL CARE AND CONTROL, INC.
LEGISLATIVE REFERENCE
Assembly Bill A 1218 - M. of A- Grannis
Senate Bill S 3963 - Senator Goodman
TITLE
Removes sole authority for mayors of cities with a population of two million to designate agency for animal protection.
SUMMARY OF PROVISIONS
Section I amends section 8-c of the laws of 1894, which establishes the power of any city having a population of over two million to carry out the provisions of the act, by removing reference to the mayor,
PURPOSE OF BILL
To remove the sole authority of the Mayor for cities with a population of over two million to designate the agency for animal protection.
REASONS FOR OPPOSITION
The CENTER FOR ANIMAL CARE AND CONTROL, Inc. is a not-for-profit which by
contract administers animal control services in
Approximately four years ago the American Society for the Prevention of
Cruelty to Animals (ASPCA) chose to end its
contractual relationship with the City of
Senate Bill S-3963 and Assembly Bill A-1218 would replace CACC with a city agency, Commissioners of city agencies do not have the discretion to lobby independently for additional funds for their agencies, In contrast, CACC has been able to successfully seek increased funding. Since June of 1997, CACC has convinced the city Administration to increase its budget by almost 50 %, from $4.85 million in 1997 to nearly $8 million effective July 1, 1999- During the same period, the city's capital expenditures for CACC facilities have increased from less than $4 million to over $12 million.
If S-3963 and A-1218 were to pass into law, it would undermine the benefits
that accrue as a result of CACC's status as a
not-for-profit. This status allows CACC to sponsor
fundraising activities that supplement funds allocated by the city. In the last
year alone, CACC has raised hundreds of thousands of
dollars that would be lost if the proposed legislation were to pass. its not-for-profit status also allows CACC
to negotiate the best prices with its vendors, rather than being subject to the
Procurement Policy Board provisions governing
At the present time, 84 cents of every dollar that CACC spends goes to the direct care of the animals in its shelters, It is doubtful that a city agency could maintain its administrative overhead at less than 16%, while guaranteeing the same quality and level of service that is currently being provided
CACC, like many shelters across the country is under constant pressure to increase adoptions, and decrease "the killings". Too often, the perceived success or failure of animal care and control programs is erroneously defined by euthanasia figures alone. The goal of animal care and control agencies must not be to simply end euthanasia, but to end the need for it.
Adoption programs, while potentially effective in reducing euthanasia on an
immediate basis, have little impact on the sources of the homeless pet problem,
and therefore on reducing the need for euthanasia in the future. Euthanasia is
not a solution to pet overpopulation but rather a tragic result
of it. Through the efforts of CACC, euthanasia rates
have been substantially reduced- According to a 1996 study,
Accordingly, on behalf of the CENTER FOR ANIMAL CARE AND CONTROL it is urged that these bills NOT be approved by the Legislature.
Respectfully submitted,
NIXON, HARGRAVE, DEVANS & DOYLE LLP
By: [no signature]
James E. McMahon
A12471.1
[The following memorandum, believed to be written and disseminated by CACC board member Lia Albo, was withdrawn by the Fund For Animals national headquarters, which takes no position on this legislation]
THE FUND FOR ANIMALS, INC.
Have-A-Heart Spay & Neuter Clinic
Telephone: (212) 977-6877, Fax (212) 977-6885
Edward
J. Walsh, Jr.
Legal Counsel
Lia
Albo
Director, Have-A-Heart Clinic
June 13, 1999
Memorandum in opposition to S3963 and A1218
The Fund for Animals, a national animal rights organization founded in 1967
by Cleveland Amory with thousands of members in
Providing animal care services for the City of
We respectfully request your consideration of the above.