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| Shelter Reform Action Committee (SRAC) ShelterReform.org: Everything you ever wanted to know about the AC&C, but were afraid to ask. |
On Shelter Reform’s FACEBOOK page, we’re often asked two questions: How to fix the ACC, and what a person
can do to help. Here are our answers
What are solutions to the current problems at the ACC?
We believe there are a number of actions – all of which need to work in tandem:
A dramatic change in the ACC’s Board. A charity is only as successful as its Board of Directors. The
ACC is a failure; so, we have to overhaul the ACC Board.
But this can happen only if (a) the Mayor voluntarily agrees to such a change, or (b) there’s an amendment to
the 1894 NY State Law giving NYC Mayors unfettered discretion to appoint whomever they want to be in charge
of animal care and control. NYC Mayors always choose the DOH, unfortunately.
The DOH has a built in conflict of interest which makes it a fatal choice to control the ACC. The DOH’s mandate
is to protect people’s health … including protecting people from animals. The DOH has no mandate to care for
animals.
One suggestion has been to follow the prototype of the Central Park Conservancy. The Conservancy was
founded by a group of civic and philanthropic leaders when the City stopped maintaining Central Park. These
individuals presented the City with an offer it couldn’t refuse: the Conservancy would be responsible for restoring
and maintaining Central Park and providing 80% of the budget monies needed.
It was a win-win for the City. Since 1980, the Parks Department has sat back while private parties do the City’s
work. Another perk for the Parks Department is that it retains exclusive power over park security and event
scheduling. Various City officials have reserved seats on the large Conservancy board, allowing them to hobnob
with celebrities and philanthropists who populate the board and do the actual work.
People have expressed concerns about whether an animal shelter system should be modeled on a “public-
private” partnership like the Conservancy. The concerns are well founded in that the ACC already is – at least on
paper -- a public-private charity. And it’s been a failure.
However, the fact is that the ACC’s “private” component of that public-private partnership is a fiction. The 4
“independent” ACC Directors are anything but: they’re appointed by the Mayor’s Office. The remaining 3
directors are all government officials. Every Directors ends up being a rubber-stamp for the City’s interests, not
those of animals.
The Central Park Conservancy had to be created as a “public-private” partnership for one simple reason: the
City owns Central Park.
In contrast, the City doesn’t own dogs and cats. All it owns are the old factories it forces the ACC to use as
shelters. Those decrepit buildings aren’t reason enough to allow the City any meaningful role at the ACC.
But it may be that the DOH should be given a strictly limited role in a new shelter system. That’s because the
DOH has a mandate to protect people from “dangerous” animals (dogs that maul people) and animal “diseases
(“rabies”). But the number of “dangerous” dogs is tiny, and there hasn’t been a case of rabies in dogs for
decades. As for cats, at last count only around a dozen cases of rabies were found -- in feral cats -- over the
past several years.
If these health concerns would suggest that the DOH be given a seat on a new ACC Board, it should be only a
child’s chair. The DOH has no standing or ability to have any say-so in the care of shelter animals.
Another suggestion (which SRAC advocated in 1996 through a ballot initiative) is to create a City Department
of Animal Affairs whose sole mandate would be the welfare and control of all NYC animals. A court rejected
SRAC’s ballot initiative, noting that only an amendment of the 1894 NY State law (giving NYC Mayor’s exclusive
jurisdiction over animal control issues) would allow the creation of such a department. Perhaps we should revisit
amending that law.
In the end, whatever model for reform is chosen, the first step will be to assemble a core group of civic leaders
and philanthropists who actually care about animals, and have the power, influence, and willingness to change
our dysfunctional shelter system. This group can then approach the Mayor’s Office and the City Council (just as
the Central Park Conservancy founders did) with a plan that the City can’t refuse: letting private individuals do
the City’s work.
We trust that the first step of any new Board of Directors will be to replace ACC’s Management with competent,
inspired and inspiring leaders.
Passing the Companion Animal Access and Rescue Act (CAARA). If this bill becomes state law,
CAARA would lay down basic care requirements for every shelter and allow more rescue groups to pull from
shelters. The ACC would immediately find itself in violation of CAARA. That would certainly clear the DOH’s and
the Mayor’s sinuses.
A major reduction in the number of animals coming into the ACC. Rather than focusing only on the
number of animals pulled from the ACC, we have to stop the flow of animals coming into the shelter. Combating
pet overpopulation requires a dramatic expansion of free or low cost spay/neuter services for pets as well as
feral cats.
For the past few years, the ASPCA has been the main player providing low cost or free spay/neuter services in
NYC (with the Mayor’s Alliance subsidizing some of the ASPCA’s spay/neuter services). But the pace has been
far too slow. A few months ago, Shelter Reform suggested a two-year blitzkrieg program, turning empty store
fronts into temporary spay/neuter clinics. To encourage the public’s participation, a “bounty” would be paid to
every pet owner bringing in pets to be fixed. By rewarding pet owners for doing the right thing, within two years
the City should see a substantial decrease in the pet population. Obviously, this program would require major
funding, and that’s where a public-private partnership might be very useful.
The City must also protect pet owners from landlords who impose unreasonable limitations on the
pets they own. One of the most egregious landlords is New York City Housing Authority (another public-private
partnership which the City claims – when it suits them – that they have no power over when, in fact, the City runs
NYCHA).
Shelters for the Bronx and Queens: The City has never intended to follow the Shelters Law and build
animal shelters for the Bronx and Queens. But those boroughs need and deserve shelters. Those shelters can
be created … by a truly independent Shelter organization, with a board of stellar individuals who can bring the
money and their contacts to the job. But the City should not be let off the hook. Any organization providing
animal care and control services for the City should be properly compensated by the City. The $10 million
figure (which the City proposes to pay in exchange for not building animal shelters) should be a whole lot larger.
Investigating Veterinary Malpractice at the ACC: The ACC has been without a Medical Director for
18 months, and with only two vets on staff. While the proposed Agreement would give ACC money to hire more
staff … the ACC must ramp up the number and qualifications of its medical professionals. There have been far
too many instances of botched spay/neuter operations, animals dying in their cages, failure to diagnose serious
medical conditions (like a fractured hip), etc. If a vet clinic were guilty of such medical transgressions, State
authorities would quickly close it down. We believe there should be an investigation of the ACC’s veterinary
practices (including euthanasia). To that effect, complaints should be filed with the State Office of Professions
and the NYS Agriculture & Markets Committee, both which have oversight of animal care issues. What’s
happening at the ACC is unacceptable veterinary care and this has to change ASAP. For starters, shouldn’t a
shelter taking in over 40,000 animals a year have a Medical Director?
Ensuring that NYC provides humane education in our schools, as required by a decades old State Law.
(This would dovetail with spay/neuter efforts.)
Increasing and enforcing public compliance with dog licensing. This would have the added benefit
of increasing license surcharge revenues that are meant to support spay/neuter services. Beginning in 1995,
the Mayor’s Office appointed the DOH to be in charge of dog licensing. The DOH has done an amazingly poor
job. Before 1995, the ASPCA had been in charge of licensing, and did a far better job. Perhaps the ASPCA
should be assigned that job again. Or a new shelter system can be in charge.
What’s the best way for animal advocates to help in the fight for ACC reform?
There are lots of ways, but here are some of our favorite suggestions:
Volunteer at the ACC: Even though ACC’s Volunteer Program effectively works to discourage volunteers, sign
up anyway. When the ACC finally allows you into the shelters… go and continue going. Help ACC animals while
bearing witness to their suffering. If any New Yorker questions how the ACC cares for its animals, here’s the
perfect way to see for yourself.
Reach out to Elected Representatives and the Voting Public: Under New York City’s shelter history and
the politics that have ensured ACC’s failure. See, e.g., http://shelterreform.org/NYCShelterHistory.html Armed
with that knowledge, contact your elected representatives, NYC voters, NYC animal lovers, and NYC residents
and demand reform.
Volunteer with or support programs that provide free or low-cost spay/neuter services.
Volunteer with or support groups that promote humane education, such as H.E.A.R.T.
(www.TeachHumane.org )
And for our City’s dedicated civic and philanthropic leaders who care about animals (and not about protecting
the Mayor and the DOH), offer yourself up to be a member of the ACC’s board of directors. You could
be the game-changer.