INTRODUCTION
What kind of charity objects to a government audit of its internal records and refuses to let auditors
interview its employees and volunteers? What should we think about a charity caught in multiple lies
during an audit? Finally, what about a charity's top executives refusing to affirm to auditors that they’ve
produced all relevant documents?
That’s exactly how Animal Care & Control behaved when it was audited by the City's Comptroller. Read
our analysis of the recent audit and how we propose to allow volunteers to speak directly to the
Comptroller's Office. No more lies and coverups.
ACC DODGES A BULLET, WITH ANIMALS PAYING THE PRICE
For years animal advocates asked the City Comptroller’s Office to audit Animal Care & Control. (The last
audit had been published in 2006). The Comptroller’s Office never responded.
So, many of us were surprised when the Comptroller’s Office announced it had conducted an audit earlier
this year.
Animal advocates expected the audit to be scathing. After all, just a day before the audit was released on
September 29, 2011, Mayor Bloomberg signed a bill into law affecting the ACC. The law had been fast-
tracked based on the ASPCA’s and the Mayor’s Alliance’s assertions that the ACC was in “crisis.”
Manhattan Borough President Scott Stringer added that the shelter conditions are “inhumane.”
Animal advocates all agreed the ACC was a mess, due to years of underfunding by the Department of
Health and most recently, by savage budgets cuts and a catastrophic management team.
So, understandably there was great surprise when the Audit effectively gave the ACC a passing grade
(albeit a very LOW passing grade… which Assemblyman Micah Kellner pegged at a “D.”).
CBS News: NYC Comptroller: AC&C Has Made Improvements, But More Needed
TimesUnion.com: Audit critical of NYC animal shelters
Wall Street Journal: Animal Shelters Knocked
Moreover, it was puzzling why the Audit drew any favorable conclusions in the face of the ACC’s
obstructionism and outright lies. As the Audit noted:
 | ACC REFUSED TO PRODUCE INTERNAL DOCUMENTS |
 | The ACC and the Department of Health initially refused to produce any internal documents, claiming | |
| the Comptroller’s Office had no right to see them. When the Comptroller’s Office noted the absence of a viable defense, both the ACC and DOH refused to sign so-called “Representation Letters” to confirm they had complied with ALL the Comptroller’s document requests. As a consequence, the Audit states that it “lacks assurance” that the auditors received all “relevant information.” Yet, the Comptroller’s Office proceeded to finish the audit anyway! | ||
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| ACC BLOCKED AUDITORS FROM INTERVIEWING VOLUNTEERS AND EMPLOYEES |
| The ACC refused to allow the Auditors to interview employees or volunteers. As for volunteers, the | |
| ACC claimed it wanted to protect their so-called “privacy.” | ||
| ||
| NOTE TO THE COMPTROLLER: Volunteers would have been eager to talk to you about what they | |
| see and know. But the ACC didn’t want you going near them. Even the Auditors noted that the ACC imposes a gag order on volunteers, insisting they may not talk to anyone about the ACC without their prior approval. Moreover, both volunteers and employees are prohibited from “publicly criticizing or casting ACC in a negative light.” ACC will fire any employee and expel any volunteer for whistle-blowing. That should raise serious legal concerns for the Comptroller’s Office. | ||
| ||
| Why didn’t the auditors insist on access to volunteers and employees? Instead, we end up with a | |
| whitewash. | ||
| ||
| LEGAL NOTE: The overwhelming number of ACC employees and volunteers are New York City | |
| residents. As such, they have an absolute right to contact their elected representatives. The ACC has no legal ground to stop them from speaking to Comptroller Liu, who is an elected official. | ||
|
| ACC AND DOH LIED TO THE AUDITORS |
| The Audit caught the ACC and the DOH in a number of lies: e.g., the number of licensed medical | |
| employees; whether sick animals are intermingled with healthy; the number of “active” volunteers, etc. But there were far more lies the auditors didn’t catch. For example, they reviewed the DOH Inspectors’ reports which noted that cages are cleaned regularly and according to protocol. THAT IS FALSE. In fact, prior audits noted the DOH Inspectors’ unique ability never to see anything amiss with shelter conditions. |
Given the obstructionism and lies, why did the Auditors nevertheless give the ACC and the DOH a
passing grade. The Audit was such a whitewash that the DOH gleefully noted: “We are pleased that the
audit report provides a favorable account of shelter conditions …and its robust volunteer program…”
Favorable shelter conditions!!!???? “Robust” volunteer program!!!???
Shelter conditions are disgraceful and the Volunteer Program is a sad joke. But the Auditors wouldn’t
know that because they were denied access to key documents and witnesses.
Thus, we request that you reopen the Audit under the following proposal:
PROPOSAL
TO ACC VOLUNTEERS AND EMPLOYEES: For volunteers willing to give testimony regarding ACC
conditions and its management, Shelter Reform will request that the Comptroller ensure you receive
immunity from retaliation by ACC Management. Specifically, the ACC may not expel you or limit your
access to ACC animals as retribution for speaking to the Comptroller’s Office. Until such immunity is
guaranteed, however, you could submit sworn statements, copies of which we’ll provide the Comptroller
without disclosing your identity.
As for ACC Employees, Shelter Reform will ask the Comptroller to ensure “whistle blower” protection for
you. In the interim, if you provide sworn statements, we will provide those to the Comptroller without
disclosing your identity.
TO COMPTROLLER LIU: The only way to have confidence in the Audit’s findings is when YOU have
confidence you’ve been given access to all relevant documents and witnesses.
We urge you to insist on being able to interview (out of earshot of ACC management) ACC employees
and volunteers. We urge you to insist that the ACC Management sign and return the “Representation”
letters you requested. Without those signed letters (hopefully signed under penalty of perjury) you would
be justified to assume the ACC has misled you and withheld documents.
The ball is in your court. Representatives of Shelter Reform would be pleased to identify key documents
the ACC should produce, and key employees and volunteers you should interview.
The only way the ACC can be reformed is when the truth comes out about conditions at the ACC, and
how inept and untruthful its Management is.
For Shelter Reform’s point-by-point analysis of the Audit, click here. We urge you to read the entire
analysis to better understand the ACC and DOH’s deceit.
Cockroaches everywhere are a symptom of the filth that pervades the shelter buildings, this photo was taken in June 2011:
This is where the Manhattan shelter stores various supplies: in a water-soaked, mold-ridden garage. This picture was taken in Sept.
2011
Shelter Reform’s point-by-point analysis of the Audit
SRAC Home Page
| Shelter Reform Action Committee (SRAC) ShelterReform.org: Everything you ever wanted to know about the AC&C, but were afraid to ask. |
