In 1866, concerned by the treatment of streetcar horses in New York City, Henry Bergh founded the American Society for the Prevention of Cruelty to Animals (ASPCA)[1] "to provide effective means for the prevention of cruelty to Animals throughout the United States."[2] "In its first year, the organization managed to get the New York State Legislature to pass the country's first effective animal anti-cruelty law. The following year, it began operating the first ambulance for injured horses."[3] Mr. Bergh and the ASPCA championed the humane treatment of animals by patrolling the streets of New York City, warning and arresting offenders, investigating complaints of animal abuse and educating the public.[4]
While horses no longer roam the streets as unchecked as they did back in 1866, animals still play a vital part, as pets, in the lives of New Yorkers. Although most pet owners care dutifully for their pets until the end of their animals' natural lives, some do not. As a result, each year thousands of dogs, cats and other animals become the City's responsibility.
Until the CACC assumed responsibility for animal care in New York City in 1995, the ASPCA handled the care and control of animals which were lost or abandoned. Through 1976, the ASPCA funded these activities with private donations from its members.[5] However, in 1977, the ASPCA sought reimbursement for the provision of animal care and control services and entered into a contract with the City's Department of Health (DOH). This first contract totaled $900,000 per year.[6] By 1994, the value of the contract reached $4.5 million per year.[7] These contracts required the ASPCA to seize stray animals, operate shelter facilities, accept owner-surrendered animals and provide euthanasia as necessary.
Despite the mutual benefits the ASPCA and the City initially derived from these contracts, the ASPCA's relationship with City government in relation to its animal care and control responsibilities quickly became contentious. In the early 1980's the tension was fueled by the ASPCA's allegations that the City refused to pay the actual cost of providing animal care and control services. The relationship worsened in 1985, when the City refused to pay $250,000 in overdue payment increases. This led the ASPCA to threaten to close its Brooklyn Shelter, pull its ambulances off the street, and fire approximately 80 employees.[8] Although this skirmish was settled, the City's worsening fiscal condition in 1991 led DOH to cut the amount of the ASPCA's animal care and control contract by approximately 25%, from $5.05 million to $3.65 million.[9] At the time, the ASPCA's Chief Financial Officer, stated that "[i]n the long run, animals on the street will suffer. They may die--and not a very humane death."[10]
This budget reduction and past repeated disagreements about funding for animal care and control took its toll on the ASPCA's willingness to continue to contract with the City. On March 23, 1993, the ASPCA announced that it would no longer provide animal care and control services to the City.[11] According to Roger Caras, President of the ASPCA, this decision reflected "the fact that the [C]ity would not offer a renewal contract covering the ASPCA's actual costs to operate the shelter [system]."[12] In addition, ASPCA spokesperson Joan Paylo stated that "'[Destroying unwanted or sick animals] is not what we see as our major mission, which is to stop cruelty to animals and to stop overpopulation. We would like to concentrate on the cause rather than [the] effect."[13] Mr. Caras later indicated that the ASPCA's cost of operating the shelter system had exceeded City funding by approximately $2 million annually during the last two years (1993 and 1994) of its contract with the City. [14]
Despite the ASPCA's championing of the humane treatment of animals and the generous contributions of its members, its provision of animal care and control services in New York City had been criticized. For example, the ASPCA was accused of being cruel to the animals it received and held due to a myriad of structural problems affecting its Manhattan Shelter, such as drainage systems which did not work and pipes which leaked.[15] In addition, the ASPCA's rate of euthanasia was high, and its rate of adoptions was low in comparison to rates nationwide. For example, in 1993, the ASPCA euthanized 71% of the animals it received and adopted out just 14%. In 1994, the last year of its animal care contract the ASPCA euthanized 75% of the animals it received and adopted out 16%. [16]
The ASPCA's decision to stop providing animal care and control services as of January 1, 1995, forced the City to find a new provider willing to fill the void. Accordingly, on October 4, 1993--approximately seven months after the ASPCA's announcement--DOH began the process of securing a new provider by issuing a Request for Proposals (RFP) for "Animal Management Services."[17] This effort ultimately failed, however, for reasons explained by Margaret A. Hamburg, the Commissioner of DOH:
...[D]espite the nationwide outreach we had conducted and despite the widespread publicity, locally and nationally, about our interest in attracting a private organization to replace the ASPCA, only two proposals were submitted in response to the RFP by the required December [6,] 1993 date.[18]
Commissioner Hamburg further testified that neither proposal addressed the full scope of services detailed in the RFP.[19] In a letter dated May 5, 1994, and addressed to the Dewey Animal Care Center, one of the two bidders, DOH's Chief Contracting Officer wrote:
The Department of Health has completed its review of proposals submitted in response to the Animal Care and Control RFP. Unfortunately, the Selection Committee could not [identify] a suitable proposal. As a result of the Selection Committee's determination the Department will not issue an award, and has terminated this solicitation.[20]
Commissioner Hamburg testified that DOH had also approached the ASPCA employees' union, Local 355 of the Service Employees International Union (AFL-CIO), about assuming responsibility for animal care and control services in the City. According to Commissioner Hamburg, the union, citing a lack of management experience, declined DOH's offer.[21]
After failing to identify a suitable provider through the RFP process, DOH began exploring other alternatives. As Commissioner Hamburg explained:
At that point, without a viable private contractor available and with approximately nine months left until the deadline to replace the ASPCA, the City's immediate options appeared to be to establish a new unit within the Department of Health or to create a new City agency for animal control. Neither approach, however, offered the operational benefits of an outside contractor. In addition, in this era of downsizing government, the new administration preferred not to expand direct government functions. Therefore, a decision was made to form a new, independent, not-for-profit organization that would contract with the City to provide the services we sought.[22]
The provision of animal care and control services had been largely privatized under the City's previous contract with the ASPCA. The City's decision to create the CACC and to continue to contract for animal care and control services preserved this arrangement.
The CACC was incorporated on August 23, 1994, under Section 402 of the New York State Not-For-Profit Corporation Law for "the public and charitable purposes of providing animal care and control services in the City of New York thereby lessening the burdens of government on behalf of the City."[23] Although it is a not-for-profit corporation, the CACC's seven member Board of Directors includes as ex officio members three commissioners of City agencies--the Commissioner of DOH, the Commissioner of the Department of Sanitation (DOS) and the Deputy Commissioner for Community Affairs at the New York City Police Department (NYPD). The four remaining members of the Board are appointed by the Mayor.
The City and the CACC's first contract became effective on September 1, 1994, and extends through December 31, 1997.[24] During the first four months of this contract, the ASPCA continued to provide animal care and control services while the City laid the groundwork for the CACC to assume responsibility for day-to-day operations on January 1, 1995. According to Commissioner Hamburg, the City recognized that the CACC would be unable to construct facilities immediately, and, therefore purchased, through condemnation proceedings, the ASPCA-owned Manhattan and Brooklyn Shelters for the CACC's use. In addition, the City assumed the leases on the Bronx and Queens Receiving Facilities from the ASPCA. The City had built and already owned the Staten Island Receiving Facility.[25]
During the four-month transition period, the CACC negotiated transition issues with the ASPCA and began the purchase of new animal pick-up vehicles; solicited vendors; recruited and hired personnel; and arranged for pro bono legal counsel.[26] The CACC's Board of Directors also hired Martin Kurtz, Director of DOH's Bureau of Veterinary Public Health Services, as Executive Director of the CACC, effective November 1994. In his former capacity, Mr. Kurtz had overseen the ASPCA's contract with the City. Under Mr. Kurtz's direction, "[t]he CACC hired 100 of its 140 employees from the ASPCA."[27] With an Executive Director in place and having hired its core employees, on January 1, 1995, the CACC assumed day-to-day responsibility for animal care and control services in the City.
The ASPCA's decision to terminate its contract with DOH presented the City with an opportunity to overhaul the provision of animal care and control in the five boroughs. However, as the findings in this report clearly show, the City did not seize this opportunity for reform. Instead, it bears full responsibility for creating, controlling and overseeing an organization that has failed to effectively implement a comprehensive animal care and control program.
Between October 1996 and June 1997, Council staff conducted a comprehensive performance review of the CACC at the request of Council Member Kathryn Freed, Chair of the Committee on Contracts. On November 15, 1996, Chairwoman Freed formally requested documents pertaining to the delivery of animal care and control services in New York City from DOH, the CACC, the ASPCA and DOS. The requested documents included contracts, statistics on animal intake and disposition, monthly and annual reports, budgets, staffing levels and patterns, minutes of the CACC's Board meetings and other records.
Subsequent letters were prepared and delivered on December 23, 1996, January 15, 1997, January 24, 1997, March 21, 1997 and May 21, 1997. These letters primarily requested clarification and completion of the responses to the initial requests as well as meetings with staff. On March 21, 1997, Chairwoman Freed also requested information from the Economic Development Corporation concerning the financing and construction of the Manhattan Shelter on East 110th Street and the ASPCA's Headquarters on East 92nd Street.
Council staff interviewed many individuals including current and former CACC employees and volunteers, rescuers and advocates, shelter directors, veterinarians, animal behaviorists, shelter architects, attorneys specializing in animal issues and current and former ASPCA employees. In addition, staff reviewed transcripts of prior Council hearings on animal care and control issues, literature on animal care and control and shelter management, and State and Local Laws pertaining to animals.
The Council's review of the CACC's operations included accompanying a CACC Animal Rescue Services team responding to calls over a period of three hours and touring all five of the CACC's facilities. In addition, to obtain a first-hand perspective on the provision of animal care and control services and the operation of other public and private animal shelters, staff visited facilities operated by the ASPCA, Bergen County Animal Shelter, Bide-A-Wee, the Humane Society of New York (HSNY), and the North Shore Animal League (NSAL).
To complement their review of the CACC's operations, between November 22, 1996 and December 3, 1996, Council staff conducted a telephone survey of all 76 New York Police Department (NYPD) precincts in the five boroughs.[28] The telephone numbers for the precincts were obtained from the "Government Listings" section of the Nynex White Pages for each borough. Posing as the owner of a lost dog, staff telephoned each police precinct to ask what they should do. This survey was intended to test whether local police precincts, the entity many residents turn to when confronted with a crisis, knew of the existence of the CACC and its role as the City's animal care and control provider.
Finally, between October 1996 and June 1997, Council staff contacted the entities responsible for animal care and control services in some of the most populous cities in the United States. Staff also surveyed several smaller municipalities located in the Northeast as well as municipalities which were described in various publications as operating successful animal care and control programs. The purpose of this survey was trifold: to explore the range of models available for the provision of animal care and control services; to request general statistical and budgetary data; and to determine whether there are any innovative practices which might be replicated in New York City.
It is important to note that although the CACC is incorporated under Section 402 of the New York State Not-For-Profit Corporation Law, the CACC's responses to Chairwoman Freed's requests were coordinated and submitted by the Mayor's Office of City Legislative Affairs, with the assistance of DOH. The CACC, DOH and the Mayor's Office often failed to respond in a complete and timely manner to the Council's requests for information.
The City of New York contracts with the CACC for the provision of animal care and control services. The City's contract specifically requires the CACC to:
To enable the CACC to perform these services, funds are provided pursuant to a $15 million contract with DOH for the period of September 1, 1994 to December 31, 1997. The CACC's budget supports the operation of five facilities, one in each borough, an Animal Rescue Services Unit and the employment of 136 people.[30]
The CACC documents its expenditures and revenues pursuant to this contract by submitting monthly financial reports to DOH detailing the CACC's payroll and expenditures on Other Than Personnel Services (OTPS). These reports provide a snapshot of the CACC's spending patterns in various categories. Major costs include rent, insurance, supplies, food, medical equipment and security.
While the CACC's contract with the City pays for its annual operating expenses, the CACC also receives capital funding from the City. Such capital funds pay for major acquisitions of equipment as well as for the construction and renovation of its facilities. Current projects for which the CACC has received capital funding are described later in this report.
In calendar year 1995, the CACC expended $5.1 million--31% on OTPS expenses and the other 69% on salaries. In 1996, the CACC expended $5.2 million--28% on OTPS expenses and 72% on salaries.[31] The provision of animal care and control services is very labor-intensive, and therefore a large amount of the CACC's budget is allocated to personnel expenses. A significant portion of the CACC's personnel expenses consists of salaries paid to the CACC's managerial staff.
A review of the CACC's monthly financial reports indicates that overspending in some of the CACC's budgeted categories during the past two years has generally been offset by under spending in others. For example, in 1996, the CACC exceeded its shelter and pet receiving facilities' budgeted amounts for medical supplies, general supplies, repairs and maintenance, food, telephones, pest control, medical equipment, postage and uniforms. These over-expenditures, however, were offset by underspending in the shelter and pet receiving facilities' budgeted amounts for gas and electricity, water and sewer charges, vehicles, modules for vehicles, waste disposal, pet carriers and security guard services.
The following tables provide a complete account of the CACC's OTPS expenditures during 1996.
CACC's senior management consists of nine positions. These include: Executive Director; General Counsel; Controller; Chief Veterinarian and Director of Operations; Deputy Director of Operations; Volunteer Coordinator; Director of Human Resources; Director of Public Relations; and Director of Facilities Maintenance. In addition, each shelter and receiving facility is staffed with a Director, and the Manhattan and Brooklyn shelters both employ Adoption Coordinators. The senior managerial staff is assisted by seven administrative personnel. The CACC's Executive Director, Martin Kurtz, abruptly resigned in February, 1997, in the midst of the Council's investigation.[32 ] The position remains vacant as of June 13, 1997.
While each facility has its own staff, each is also supported by one part-time Veterinarian and one part-time Animal Care Specialist who rotate among the various shelters and receiving facilities as needed. The services offered by the CACC's facilities as well as hours of operation and staffing levels vary.
The Manhattan Shelter is a full-service facility. It accepts and houses lost or unwanted animals, performs initial examinations and medical treatment, offers animals for adoption and euthanizes animals who are sick, who are labeled "unadoptable," or for whom there is not sufficient cage space. The Manhattan Shelter is located in a mixed commercial and residential area in East Harlem and is open to the public from 11:00 a.m. to 6:00 p.m. for adoptions, seven days a week. When the facility is not open for adoptions, there is at least one staff person at the facility on a 24 hour basis to handle emergencies. The facility has 16 animal wards, an examination room, an euthanasia room, a freezer for animal carcasses, and an outdoor dog run. It is staffed by a Director, an Assistant Director, a Veterinarian, an Adoption Coordinator, a Special Rescue Services Coordinator, an Office Manager, 11 administrative, intake and adoption staff, five veterinary assistants and 28 kennel workers.
The Brooklyn Shelter, located in an industrial area in East New York, is also a full-service facility. However, it is only open to the public from 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. The Brooklyn Shelter has 10 animal wards, an examination room, an euthanasia room, and a freezer for animal carcasses. The facility also houses the Animal Rescue Services Unit, including its dispatch area. All calls from City residents or agencies requesting the pick up of unwanted or stray animals are handled by this unit. Until renovations began several weeks ago, the shelter also housed an ASPCA clinic which provided spay/neuter surgeries to some animals which had been adopted from the CACC and medical treatment to the pets of Brooklyn residents. The shelter is staffed by a Director, an Assistant Director, a Veterinarian, an Adoption Coordinator, eight administrative, intake and adoption staff, three veterinary assistants, and 23 kennel workers.
The three CACC receiving facilities offer fewer services than the Manhattan or Brooklyn Shelters. The Staten Island Receiving Facility is located in the Charleston area of Staten Island and is open to the public from 8:00 a.m. to 8:00 p.m., seven days per week. It accepts and shelters unwanted animals and provides initial examinations and adoption services. Animals requiring medical treatment or which are to be euthanized are transferred to the Brooklyn Shelter. The Staten Island facility contains one arrival ward and one adoption ward, an examination room, and a freezer for animal carcasses. It is staffed by a Director, one person who performs administrative work, intakes, and adoptions, and six kennel attendants.
The Bronx Receiving Facility is essentially a drop-off location for unwanted animals. It is located near Fordham University in the Belmont area of the Bronx and is open to the public from 8:00 a.m. to 4:00 p.m., Tuesday through Saturday. Animals cannot be sheltered overnight at this location. Instead, a few animals are transported from the Manhattan Shelter to this facility in the mornings and offered for adoption. In the late afternoon, any animals which have not been adopted, as well as all animals accepted during the day, are returned to the Manhattan Shelter. The Bronx Receiving Facility consists of three rooms containing 45 cages and a freezer for animal carcasses. It is staffed by three kennel attendants.
The Queens Receiving Facility in Rego Park is open to the public from 8:00 a.m. to 4:00 p.m., Tuesday through Saturday. It fulfills the same functions as its Bronx counterpart. Animals to be adopted and animals received during the day are transported to and from the Brooklyn Shelter. The Queens Receiving Facility also consists of three rooms, but contains only 23 cages and a freezer for animal carcasses. It is staffed by one person who performs administrative work, intakes and adoptions, and one kennel attendant. The Bronx and Queens Receiving Facilities are managed by the same Director who divides his time between the two facilities. The two facilities are also served by a single animal rescue worker.
The Animal Rescue Services Unit operates out of the Brooklyn Shelter, 8:00 a.m. to 8:00 p.m., Monday through Friday. The unit is comprised of a Director, an Assistant Director, five dispatchers and nine animal rescue workers. Animal Rescue Services has nine 1995 GMC Duravans and two 1990 GM Safari Minivans. The Unit receives approximately 200 calls per day to pick up lost, sick, or unwanted animals. Calls are prioritized, and the most urgent ones are responded to first. According to Barry Lerner, the Director of the Unit, approximately 50% of the calls are never responded to because of the volume of calls received.[33] Seven of the rescue vehicles are on the road continuously, at least one in each borough. The other vehicles are stationed at CACC facilities unless they are required in the field. Animal Rescue Services also conducts round-ups of stray animals, when possible. A driver, reachable by beeper, is available to handle emergencies 24 hours per day.
The CACC's 136 staff members, together with its five facilities and animal rescue vans comprise the animal care and control system responsible for providing services to more than 7.3 million New Yorkers who own more than 2 million pets. In the CACC's first two years of operation, many of these pets have passed through the CACC's doors. In calendar years 1995 and 1996 the CACC accepted over 120,000 animals into its shelters and receiving facilities. As the following charts reveal, the CACC euthanized the vast majority of the animals it received in 1995 and 1996--71% in both years.
