the following is SRAC's open letter to Mayor Michael Bloomberg
on the subject of SRAC's inadequate board of directors.
SHELTER REFORM ACTION COMMITTEE
P.O. Box 268 - Gracie Station
New York, NY 10028
(212) 886-3700
visit our website: www.ShelterReform.org
December 16, 2002
Mayor Michael R. Bloomberg
City Hall
New York, NY 10007
Re: Board of Directors of the Center for Animal Care & Control, Inc.
Dear Mayor Bloomberg:
The Center for Animal Care & Control, Inc. ("CACC") was incorporated by the Corporation Counsel in 1994 as a 501(c)(3) not-for-profit corporation and was internally awarded a contract with the NYC Health Department to run the largest animal shelter system in the country. Each year it has existed it has processed more than 50,000 domestic and wild animals, and has killed at least 80 percent of such animals. At this year's end, such statistic will remain flat.
The New Yorkers who are aware of such data are appalled and the overwhelming majority object to such inhumane municipal policy. Up to now, there has been no long-term plan to reduce the animal overpopulation problem through the use of low-cost spay/neuter, humane education and aggressive adoption programs. We applaud the creation of The Mayor's Alliance for NYC's Animals that will work toward a humane solution.
However, we believe the current composition of the CACC board of directors is inadequate to meet such goal. There is still no public accountability in CACC's contract and such board allows CACC to continue violating the law, despite having been notified by us, as well as by reports of the City Council and the Comptroller following lengthy investigations.
Today, seven members now sit on CACC's Board of Directors, three of whom are City officials serving in an "ex officio" capacity while the other four are appointed. They are:
- Thomas Frieden, M.D., Health Commissioner and CACC board chairman
- John Doherty, Sanitation Commissioner and former CACC board chairman
- Fred Patrick, Deputy Police Commissioner for Community Affairs
- Sara Hobel, director Urban Park Rangers, Parks Department
- Larry Hawk, D.V.M., president, A.S.P.C.A.
- John M.B. O'Connor, partner, JP Morgan Partners
- Jay Kuhlman, D.V.M., owner, Gramercy Park Animal Hospital
CACC's by-laws grant the Mayor and Deputy Mayor for Operations authority to hire and fire such board members without cause.
We are writing to you because we are so troubled by the conduct of the current board members that we have retained counsel for the purpose of challenging in court the composition of such board.
The Mayor is Being Misinformed by the Health Commissioner
About the True Conditions at NYC's Animal Shelters
We are continually being contacted by former and current CACC employees, as well as animal rescuers and other eyewitnesses who deal with CACC in person on a regular basis, and the stories they tell do not paint a pretty picture about conditions within CACC's shelters. Some have provided us with photographs and documents to confirm the inhumane conditions that we know have existed since CACC's inception.
Animals languish in small cages in their own urine and feces for days and sometimes weeks without the benefit of exercise -- as is mandated by the NYS Agriculture & Markets law (Art. 7). Worse, injured animals arrive and are placed in cages without veterinary care. Sometimes such animals are allowed to merely die in the same cage they were placed in. Other animals are euthanized (a term incorrectly used by CACC and Health Department officials to justify killing for lack of space) by mistake, violating the rights of possible owners and denying such poor animals the chance to be adopted.
Employee morale at CACC is dismal, community relations is dismal, and unsanitary and inhumane conditions do exist, despite Commissioner Frieden's letter to the Mayor in response to this year's Comptroller's audit of CACC that made similar charges. Dr. Frieden is lying to the Mayor to save face for his department's dismal performance in monitoring this contractor's dismal performance. We are troubled by the Mayor's public comments supporting this dishonest position. It reminds us of the Emperor with no clothes. Simply put, no one believes it, and it displays a callousness by public officials that is totally unacceptable.
Two Board Members Have A Clear Conflict of Interest
Larry Hawk and John M.B. O'Connor have conflicts of interest as Dr. Hawk is the president of a wealthy humane organization that competes for the same charitable public contributions as CACC desires and desperately needs, as well as Mr. O'Connor, who sits simultaneously on the ASPCA's board.
We have had lengthy discussions with both men, who both declare that they will not do any fundraising for CACC because it is not their function as a board member to do so. In addition, Dr. Hawk told us he saw no need for the Mayor's Alliance for NYC's Animals, as the ASPCA already had the infrastructure to apply for the multi-million dollar California-based Maddie's Fund grants that the Alliance will process on behalf of its members, and the ASPCA should be the one to spearhead such effort to save administrative costs.
When we publicly disclosed Dr. Hawk's position, he denied having said it. When we brought numerous egregious examples of recent CACC conduct to the board's attention, Mr. O'Connor characterized our doing so as merely "distractions to the board."
In short, these two men do not bring the integrity, nor even the decency that the CACC deserves to pull itself out of the hole it is dug in. Indeed, they may actually be destructive to CACC inasmuch as they are trying to control the selection process of CACC's next executive director by steering the executive search committee. It would certainly benefit the ASPCA to have another underqualified executive director for the ASPCA to come charging over the hill on its white horse to lend its benevolent hand and then publicly take credit for such calculated deed.
In short, these two need to be replaced by members who can actually bring some resources to CACC -- and that spells money and community support.
The Board has Colluded to Allow Unlawful Conduct
and Refused to be Responsive to Whistleblowers
In late November and early December, no fewer than four CACC employees contacted us about incidents occurring at CACC they felt they could no longer keep quite about. One of the employees is a CACC veterinarian who is so upset about CACC policies that she wrote a letter of complaint to the federal Drug Enforcement Agency. Others informed the Health Department that a dog holding case had disappeared prior to the 10 days observation period for rabies and that a CACC manager had instructed them to keep quiet about it. Yet another eyewitnessed severely injured animals being put in cages on arrival and given no veterinary attention, despite personally requesting it.
Since CACC managers were unresponsive to their complaints, we directed such whistleblowers to contact three of the board members directly. They did, in fact, telephone Commissioner Frieden, Dr. Hawk, and Dr. Kuhlman. None returned their calls, with the exception of Dr. Kuhlman who spoke to the CACC vet briefly and told her he would investigate when he got back from being out of town.
A few days later, we personally contacted Dr. Hawk, Dr. Kuhlman and Ms. Hobel and tried to set up meetings to further discuss the crop of disturbing allegations, without success. Dr. Hawk told us, via an email, that "our concerns" were turned over to CACC's interim executive director for investigation.
Today, to our knowledge, no corrective or disciplinary action has been taken, and two of the whistleblowers were terminated as planned "layoffs" characterized as "staff reductions due to budget cuts." The conduct by these board members constitutes collusion to violate the law, as well as the rights of the employees, the animals and the public. Be advised that we intend to pursue such matters with other enforcement agencies.
CACC Board Denies Access for Public Comments
at its Meetings and Violates the Public's Rights
Despite requests made to the chair to address the board or allow a public comment period, Dr. Frieden has consistently denied such requests since chairing his first meeting.
At one meeting last Spring, members of the public were unlawfully denied access to such meeting held at One Police Plaza, in violation of the Open Meetings Law. They were told in the lobby that the room was full and they were expecting a "demonstration." Both statements were untrue.
When we contacted board member Fred Patrick of the Police Department, he was unresponsive. When we confronted him at the next board meeting in person about his malfeasant conduct, he became personally hostile.
One Police Plaza is an inappropriate forum for CACC board meetings. The tone set is chilling and ripe for abusive conduct by misguided city officials. This is certainly no way to mend the dismal community relations created by the previous administration.
CACC Board and DOH Refuse to Address CAPA Requirements
Since CACC is subject to the Freedom of Information Law and the Open Meetings Law as an agency of the government, it should also be subject to the requirements of the Civil Administrative Procedures Act ("CAPA") with respect to the fees CACC is allowed to charge the public.
We have written to DOH and CACC numerous times about this issue in light of excessive and arbitrary fees the public has been subject to paying -- sometimes at the end of a gun when a beloved pet is being held ransom at CACC with the possibility of euthanasia being threatened by CACC staff.
For example, the current adoption fee of $100 for a pet is in our opinion excessive. DOH and CACC is violating both common sense and CAPA's public hearing process in setting such a high fee. There are other fees in similar dispute.
The board has never discussed such fees, but has unlawfully abrogated such decisionmaking to the executive director to the detriment of the public and a lot of doomed shelter animals.
CACC Board Violates it Fiduciary Duty to the
Corporation and as Public Custodians of Shelter Animals
When the CACC board terminated Marilyn Haggerty-Blohm as executive director, it could have done so with cause and incurred no additional expenses. Instead, it chose to terminate her without cause at the end of a three-month paid leave of absence, after which she will receive six months severance pay -- a total cost to CACC (and taxpayers) of about $100,000.
This reckless and irresponsible act in the middle of a fiscal crisis is borne of the fear that Mrs. Blohm would sue if she were terminated with cause, and expose the horrible record of the Health Department in administering this contract.
This is another unacceptable example of the board's conduct made without regard for the welfare of the shelter animals in their custody or the public's will to do right by them.
The Mayor's Office is Displaying
Carelessness and Disrespect
While we are aware of the severe and complex set of issues the Mayor's office is dealing with, we believe that neither the Mayor nor the Deputy Mayor assigned to this issue, Marc Shaw, have displayed any public will to shed a sympathetic light on the tragedy they inherited.
Mr. Shaw has never returned any phone call, nor answered any letter or email in the almost one year we have been communicating to him. The Mayor has made a number of troubling and even disparaging public statements about the animal welfare situation in this city. A bill signing to cut the shelter budget and delay new construction was deliberately held by the Mayor at 8 am in the morning with little or no public notice, which was clearly disrespetful to the parties interested in these issues.
The individuals the Mayor delegates to are inadequately effecting the public's will to maintain humane animal management policies. There is no accountability in CACC's contract with DOH. There seems to be no will from the Mayor to step up to the plate and be a public spokesperson for responsible pet ownership and educate the public on the pet overpopulation tragedy.
The same complaints about CACC and the DOH's animal management policies arise year after year with no empirical progress -- the euthanasia rate remains flat after seven years; the same complaints of abuse and cruelty from the public and CACC insiders persist.
The Composition of CACC's Board Must Change
The continuing presence of the Sanitation Commissioner on CACC's board is an insult to animal welfare community. The City's Sanitation Department has no inherent interests in municipal animal management. It merely declares that the City sees surplus animals as nothing more than a carting operation for their carcasses (which is done by private contractor, we might add).
There are four government employees on CACC's board. That is four out of seven. If that doesn't tip the scale from a charitable organization to a government agency, we don't know what else would. A government agency cannot effectively raise money from the private sector even for a charitable mission. The City needs to eliminate the Sanitation Commissioner from the board and replace him with the Parks Commissioner.
As previously discussed, Dr. Larry Hawk and John M.B. O'Connor, who have close ties to the ASPCA, need to be replaced with board members who will raise money for CACC -- perhaps celebrities with an interest in animal welfare who can raise public awareness of CACC's plight.
In addition, there need to be at least two additional board members appointed from the grassroots humane community -- those who are working directly with animals and understand the needs of a shelter -- appointed to this board as a check and balance to the management abuses that can and will take place when a board takes a hands off posture, as this one has.
Conclusion
As of January 1, we consider these issues all subject to litigation if we do not get any prompt feedback from this administration. We cannot let the CACC and other city officials violate the law and conspire to cover it up.
CACC's board is not doing the job it needs to be doing.
The Mayor's Alliance for NYC's Animals is only one component in improving a tragic situation. It seems to be the only one the Mayor's office is looking to as its solution. That's not enough.
It is always a shame when citizens must sue their government officials just to get them to do their jobs. We would like to avoid this, but the next step is yours.
We would like to hear from you.
Very truly yours,
/s/ Gary Kaskel, co-chair
cc:
Marc Shaw (Deputy Mayor)
Terri Matthews (Chief Counsel to Dep. Mayor)
Gregory Carmichael (Deputy Commissioner, Dept Health and Mental Hygene)
Thgomas Freieden (Commissioner, Dept Health and Mental Hygene, CACC chairman)
John Doherty (Commissioner, Dept of Sanitation, CACC board member)
Fred Patrick (Deputy Police Commissioner, CACC board member)
Sarah Hobel (Dir. Urban Park Rangers, NYC Parks Dept, CACC board member)
Larry Hawk (President ASPCA, CACC board member)
Jay Kuhlman (Owner Gramercy Animal Hospital, CACC board member)
John M.B. O'Connor (Partner JP Morgam Partners, ASPCA, and CACC board member)
on the subject of SRAC's inadequate board of directors.
SHELTER REFORM ACTION COMMITTEE
P.O. Box 268 - Gracie Station
New York, NY 10028
(212) 886-3700
visit our website: www.ShelterReform.org
December 16, 2002
Mayor Michael R. Bloomberg
City Hall
New York, NY 10007
Re: Board of Directors of the Center for Animal Care & Control, Inc.
Dear Mayor Bloomberg:
The Center for Animal Care & Control, Inc. ("CACC") was incorporated by the Corporation Counsel in 1994 as a 501(c)(3) not-for-profit corporation and was internally awarded a contract with the NYC Health Department to run the largest animal shelter system in the country. Each year it has existed it has processed more than 50,000 domestic and wild animals, and has killed at least 80 percent of such animals. At this year's end, such statistic will remain flat.
The New Yorkers who are aware of such data are appalled and the overwhelming majority object to such inhumane municipal policy. Up to now, there has been no long-term plan to reduce the animal overpopulation problem through the use of low-cost spay/neuter, humane education and aggressive adoption programs. We applaud the creation of The Mayor's Alliance for NYC's Animals that will work toward a humane solution.
However, we believe the current composition of the CACC board of directors is inadequate to meet such goal. There is still no public accountability in CACC's contract and such board allows CACC to continue violating the law, despite having been notified by us, as well as by reports of the City Council and the Comptroller following lengthy investigations.
Today, seven members now sit on CACC's Board of Directors, three of whom are City officials serving in an "ex officio" capacity while the other four are appointed. They are:
- Thomas Frieden, M.D., Health Commissioner and CACC board chairman
- John Doherty, Sanitation Commissioner and former CACC board chairman
- Fred Patrick, Deputy Police Commissioner for Community Affairs
- Sara Hobel, director Urban Park Rangers, Parks Department
- Larry Hawk, D.V.M., president, A.S.P.C.A.
- John M.B. O'Connor, partner, JP Morgan Partners
- Jay Kuhlman, D.V.M., owner, Gramercy Park Animal Hospital
CACC's by-laws grant the Mayor and Deputy Mayor for Operations authority to hire and fire such board members without cause.
We are writing to you because we are so troubled by the conduct of the current board members that we have retained counsel for the purpose of challenging in court the composition of such board.
The Mayor is Being Misinformed by the Health Commissioner
About the True Conditions at NYC's Animal Shelters
We are continually being contacted by former and current CACC employees, as well as animal rescuers and other eyewitnesses who deal with CACC in person on a regular basis, and the stories they tell do not paint a pretty picture about conditions within CACC's shelters. Some have provided us with photographs and documents to confirm the inhumane conditions that we know have existed since CACC's inception.
Animals languish in small cages in their own urine and feces for days and sometimes weeks without the benefit of exercise -- as is mandated by the NYS Agriculture & Markets law (Art. 7). Worse, injured animals arrive and are placed in cages without veterinary care. Sometimes such animals are allowed to merely die in the same cage they were placed in. Other animals are euthanized (a term incorrectly used by CACC and Health Department officials to justify killing for lack of space) by mistake, violating the rights of possible owners and denying such poor animals the chance to be adopted.
Employee morale at CACC is dismal, community relations is dismal, and unsanitary and inhumane conditions do exist, despite Commissioner Frieden's letter to the Mayor in response to this year's Comptroller's audit of CACC that made similar charges. Dr. Frieden is lying to the Mayor to save face for his department's dismal performance in monitoring this contractor's dismal performance. We are troubled by the Mayor's public comments supporting this dishonest position. It reminds us of the Emperor with no clothes. Simply put, no one believes it, and it displays a callousness by public officials that is totally unacceptable.
Two Board Members Have A Clear Conflict of Interest
Larry Hawk and John M.B. O'Connor have conflicts of interest as Dr. Hawk is the president of a wealthy humane organization that competes for the same charitable public contributions as CACC desires and desperately needs, as well as Mr. O'Connor, who sits simultaneously on the ASPCA's board.
We have had lengthy discussions with both men, who both declare that they will not do any fundraising for CACC because it is not their function as a board member to do so. In addition, Dr. Hawk told us he saw no need for the Mayor's Alliance for NYC's Animals, as the ASPCA already had the infrastructure to apply for the multi-million dollar California-based Maddie's Fund grants that the Alliance will process on behalf of its members, and the ASPCA should be the one to spearhead such effort to save administrative costs.
When we publicly disclosed Dr. Hawk's position, he denied having said it. When we brought numerous egregious examples of recent CACC conduct to the board's attention, Mr. O'Connor characterized our doing so as merely "distractions to the board."
In short, these two men do not bring the integrity, nor even the decency that the CACC deserves to pull itself out of the hole it is dug in. Indeed, they may actually be destructive to CACC inasmuch as they are trying to control the selection process of CACC's next executive director by steering the executive search committee. It would certainly benefit the ASPCA to have another underqualified executive director for the ASPCA to come charging over the hill on its white horse to lend its benevolent hand and then publicly take credit for such calculated deed.
In short, these two need to be replaced by members who can actually bring some resources to CACC -- and that spells money and community support.
The Board has Colluded to Allow Unlawful Conduct
and Refused to be Responsive to Whistleblowers
In late November and early December, no fewer than four CACC employees contacted us about incidents occurring at CACC they felt they could no longer keep quite about. One of the employees is a CACC veterinarian who is so upset about CACC policies that she wrote a letter of complaint to the federal Drug Enforcement Agency. Others informed the Health Department that a dog holding case had disappeared prior to the 10 days observation period for rabies and that a CACC manager had instructed them to keep quiet about it. Yet another eyewitnessed severely injured animals being put in cages on arrival and given no veterinary attention, despite personally requesting it.
Since CACC managers were unresponsive to their complaints, we directed such whistleblowers to contact three of the board members directly. They did, in fact, telephone Commissioner Frieden, Dr. Hawk, and Dr. Kuhlman. None returned their calls, with the exception of Dr. Kuhlman who spoke to the CACC vet briefly and told her he would investigate when he got back from being out of town.
A few days later, we personally contacted Dr. Hawk, Dr. Kuhlman and Ms. Hobel and tried to set up meetings to further discuss the crop of disturbing allegations, without success. Dr. Hawk told us, via an email, that "our concerns" were turned over to CACC's interim executive director for investigation.
Today, to our knowledge, no corrective or disciplinary action has been taken, and two of the whistleblowers were terminated as planned "layoffs" characterized as "staff reductions due to budget cuts." The conduct by these board members constitutes collusion to violate the law, as well as the rights of the employees, the animals and the public. Be advised that we intend to pursue such matters with other enforcement agencies.
CACC Board Denies Access for Public Comments
at its Meetings and Violates the Public's Rights
Despite requests made to the chair to address the board or allow a public comment period, Dr. Frieden has consistently denied such requests since chairing his first meeting.
At one meeting last Spring, members of the public were unlawfully denied access to such meeting held at One Police Plaza, in violation of the Open Meetings Law. They were told in the lobby that the room was full and they were expecting a "demonstration." Both statements were untrue.
When we contacted board member Fred Patrick of the Police Department, he was unresponsive. When we confronted him at the next board meeting in person about his malfeasant conduct, he became personally hostile.
One Police Plaza is an inappropriate forum for CACC board meetings. The tone set is chilling and ripe for abusive conduct by misguided city officials. This is certainly no way to mend the dismal community relations created by the previous administration.
CACC Board and DOH Refuse to Address CAPA Requirements
Since CACC is subject to the Freedom of Information Law and the Open Meetings Law as an agency of the government, it should also be subject to the requirements of the Civil Administrative Procedures Act ("CAPA") with respect to the fees CACC is allowed to charge the public.
We have written to DOH and CACC numerous times about this issue in light of excessive and arbitrary fees the public has been subject to paying -- sometimes at the end of a gun when a beloved pet is being held ransom at CACC with the possibility of euthanasia being threatened by CACC staff.
For example, the current adoption fee of $100 for a pet is in our opinion excessive. DOH and CACC is violating both common sense and CAPA's public hearing process in setting such a high fee. There are other fees in similar dispute.
The board has never discussed such fees, but has unlawfully abrogated such decisionmaking to the executive director to the detriment of the public and a lot of doomed shelter animals.
CACC Board Violates it Fiduciary Duty to the
Corporation and as Public Custodians of Shelter Animals
When the CACC board terminated Marilyn Haggerty-Blohm as executive director, it could have done so with cause and incurred no additional expenses. Instead, it chose to terminate her without cause at the end of a three-month paid leave of absence, after which she will receive six months severance pay -- a total cost to CACC (and taxpayers) of about $100,000.
This reckless and irresponsible act in the middle of a fiscal crisis is borne of the fear that Mrs. Blohm would sue if she were terminated with cause, and expose the horrible record of the Health Department in administering this contract.
This is another unacceptable example of the board's conduct made without regard for the welfare of the shelter animals in their custody or the public's will to do right by them.
The Mayor's Office is Displaying
Carelessness and Disrespect
While we are aware of the severe and complex set of issues the Mayor's office is dealing with, we believe that neither the Mayor nor the Deputy Mayor assigned to this issue, Marc Shaw, have displayed any public will to shed a sympathetic light on the tragedy they inherited.
Mr. Shaw has never returned any phone call, nor answered any letter or email in the almost one year we have been communicating to him. The Mayor has made a number of troubling and even disparaging public statements about the animal welfare situation in this city. A bill signing to cut the shelter budget and delay new construction was deliberately held by the Mayor at 8 am in the morning with little or no public notice, which was clearly disrespetful to the parties interested in these issues.
The individuals the Mayor delegates to are inadequately effecting the public's will to maintain humane animal management policies. There is no accountability in CACC's contract with DOH. There seems to be no will from the Mayor to step up to the plate and be a public spokesperson for responsible pet ownership and educate the public on the pet overpopulation tragedy.
The same complaints about CACC and the DOH's animal management policies arise year after year with no empirical progress -- the euthanasia rate remains flat after seven years; the same complaints of abuse and cruelty from the public and CACC insiders persist.
The Composition of CACC's Board Must Change
The continuing presence of the Sanitation Commissioner on CACC's board is an insult to animal welfare community. The City's Sanitation Department has no inherent interests in municipal animal management. It merely declares that the City sees surplus animals as nothing more than a carting operation for their carcasses (which is done by private contractor, we might add).
There are four government employees on CACC's board. That is four out of seven. If that doesn't tip the scale from a charitable organization to a government agency, we don't know what else would. A government agency cannot effectively raise money from the private sector even for a charitable mission. The City needs to eliminate the Sanitation Commissioner from the board and replace him with the Parks Commissioner.
As previously discussed, Dr. Larry Hawk and John M.B. O'Connor, who have close ties to the ASPCA, need to be replaced with board members who will raise money for CACC -- perhaps celebrities with an interest in animal welfare who can raise public awareness of CACC's plight.
In addition, there need to be at least two additional board members appointed from the grassroots humane community -- those who are working directly with animals and understand the needs of a shelter -- appointed to this board as a check and balance to the management abuses that can and will take place when a board takes a hands off posture, as this one has.
Conclusion
As of January 1, we consider these issues all subject to litigation if we do not get any prompt feedback from this administration. We cannot let the CACC and other city officials violate the law and conspire to cover it up.
CACC's board is not doing the job it needs to be doing.
The Mayor's Alliance for NYC's Animals is only one component in improving a tragic situation. It seems to be the only one the Mayor's office is looking to as its solution. That's not enough.
It is always a shame when citizens must sue their government officials just to get them to do their jobs. We would like to avoid this, but the next step is yours.
We would like to hear from you.
Very truly yours,
/s/ Gary Kaskel, co-chair
cc:
Marc Shaw (Deputy Mayor)
Terri Matthews (Chief Counsel to Dep. Mayor)
Gregory Carmichael (Deputy Commissioner, Dept Health and Mental Hygene)
Thgomas Freieden (Commissioner, Dept Health and Mental Hygene, CACC chairman)
John Doherty (Commissioner, Dept of Sanitation, CACC board member)
Fred Patrick (Deputy Police Commissioner, CACC board member)
Sarah Hobel (Dir. Urban Park Rangers, NYC Parks Dept, CACC board member)
Larry Hawk (President ASPCA, CACC board member)
Jay Kuhlman (Owner Gramercy Animal Hospital, CACC board member)
John M.B. O'Connor (Partner JP Morgam Partners, ASPCA, and CACC board member)
