LETTER concerning KCSPCA & DEACC Page 1 December 2011 Governor Jack MarkellAttorney General Beau Biden Secretary Edward Kee, Dept. of AgricultureMembers of the DE General Assembly New Castle County Council New Castle County Auditor Kent County Levy Court CommissionersSussex County Council The Delaware State NewsThe News Journal The Dover PostCape Gazette FIRST,PLEASEnote,thiscorrespondenceisNOTabouteuthanasia.Whilethoseofuspartyto this letter would love to believe that all animals will find a home and that someday they can all be saved, we recognize that there is no such thing as a completely no-kill shelter it is a matter of statistics.WearealsoawarethatMurreyGoldthwaite,theKCSPCAandDEACCExecutive Director, has resigned, and Kevin Usilton has been hired in his place.However, our concerns and complaints cover a number of issues.Also, Mr. Goldthwaites tenure was a long one, and we feel many of these issues will remain unless investigated.We also feel that the KCSPCA Board has not beenresponsivetoconcernsexpressedregardingtheirsearchforanewexecutivedirectorand that there are questions as to the Boards actions and bylaws. WEHOPEthatthisletteranditsattachmentswillbethecatalystforathoroughandimpartial investigationoftheKCSPCAandDEACC,includingafinancialandanimalcarerecordsaudit. ANDTOPREVENTFUTUREISSUES,weaskthatapanelorprofessionalboardbecreatedto provide a place for the citizens of Delaware to make complaints about the actions or inactions of Delaware shelters and animal control personnel. ForyearstherehavebeencomplaintsconcerningtheKCSPCAandDEACC(DelawareAnimal CareandControl).Thesecomplaintsrangefromproblemswithleadership(BoardofDirectors andExecutiveDirectorMurreyGoldthwaite),conditionsattheshelter,proceduresofDEACC officers, to missing drugs and misuse of funds.However, there is no one to complain to about these issues.ItisnotonlyKCSPCAleadershipthatispartoftheproblem.TheDepartmentof Agriculture is tasked with oversight of Delawares laws regarding shelters and animals.It is well knownthatMrs.GoldthwaiteworksfortheDepartmentunderDr.Hirst,theStateVeterinarian.Secretary Kee has been informed, in writing, of this conflict of interest, and has not responded. Nooneelsewilltakeresponsibilityeventhoughthisorganizationisregulatedbylegislation, given enforcement authority by legislation, receives public monies for operation, and is contracted by all three counties to provide services including code enforcement. WithDelawarescomprehensivenewshelterbill(CAPA),individualshavecomeforward, believing that since law regulates the shelter, something will be done to address complaints.And as people come forward to complain about shelter conditions and procedures, others have stepped forwardwithconcernsregardingtheorganizationsleadershipandfinances,andwithstoriesof DEACCofficersactionsandlackofaccountability.Thesecomplaintshavebeenmadetothe Governors Office, the Attorney Generals Office, Secretary Kee, various legislators, Kent County Levy Court Commissioners and other county administrators.And still nothing happens LETTER concerning KCSPCA & DEACC Page 2 NOTONLYAREPEOPLECOMINGFORWARD,manyarewillingtoputtheirnamestotheir stories.Therearemanymorewhoareafraidtocomeforward,includingKCSPCAstaffand rescuegroups,becauseMr.Goldthwaite,membersoftheBoardandDEACCpersonnelare known to retaliate. CanineNationslettertoSecretaryKeeofJune2011,expressedtheirdissatisfactionwiththe investigation(andobviousconflictofinterest)intotheeuthanizationofNeo.Toourknowledge, therehasbeennoresponsefromtheDepartmentofAgriculture.Mrs.CarolFurr(formerlyon the KCSPCA Board) met with Senator Patricia Blevins and Jennifer Ranji (Governors office) to discusstheirconcerns ofconditionsandproceduresattheshelter(thatwereinclearviolationof CAPA).The meeting was on October 25, 2011; Senator Blevins contacted Mrs. Furr on December 11tosaythatshehopedtobemeetingwithSecretaryKeesoon.Mrs.Furralsosentaletter directly to Secretary Kee with her story, including before and after pictures of the dog in question andaveterinariansreport.Therehasbeennoresponse.Mrs.LynnNellius,anotherformer Board member and Treasurer of the KCSPCA, spent her tenure attempting to bring order to the finances, including following the recommendations of two (2) separate auditors reports.She even talked to Mr.Thomas Wagner, State Auditor, about her concerns.This conversation took place in 2009;sheneverheardfromMr.Wagneragain.Ms.EileenAdamscontactedtheAttorney GeneralsofficeonNovember17,2011viaphoneande-mail.Shewascontactedviae-mailby AnthonyDavolos,whoaskedherifshewouldcomeintohisofficeIFheneededaformal statement.KentCountyLevyCourtCommissionerJodySweeneywhoDOESrespondwhen contactedabouttheKCSPCArequestedinformationfromtheKCSPCAconcerningdog incidentsandfinancialinformation.Hewasignored.Healsosentane-mailtotheBoardof DirectorsconcerningthesearchforMr.Goldthwaitesreplacement,andagain,receivedno response.Ms.FurrandMs.Adamshavephotos,witnessesandpaperworktodocumenttheir complaints.ComplaintsconcerningthebehaviorofDEACCofficersarepostedatNo-Kill Delaware, a Pit Bull chat room, and various other internet sites.Type in KCSPCA Complaints. WHY ARE THESE VIOLATIONS BEING IGNORED?WHY IS THIS ORGANIZATION AND ITS DIRECTOR ABOVE THE LAW? Whatfollowsissummaryofreportedissues,brokenoutbycategory.Detailsandadditional reports are attached. WE RESPECTFULLY ASK THAT YOU TAKE THE TIME TO READ THESE DOCUMENTS. Jody Sweeney, Kent County Levy Court Commissioner Carol Furr (former KCSPCA Board Member) Patrica Foltz(former KCSPCA Board Member) Lynn Nellius, LVT(former KCSPCA Board member and Treasurer) Catherine Samardza Eileen Adams Velvet Sponaugle Sherene Lindo Bobbie Swain (signature page separate) LETTER concerning KCSPCA & DEACC Page 3 SUMMARY OF CONCERNS AND VIOLATIONS A. BOARD MEMBERS, EXECUTIVE DIRECTOR AND STAFF ALL CAUGHT IN LIES Multiple,crediblereportsdocumentedand/orwitnessedofliesbyanumberofthose representing or managing the agency.Examples: a)BoardpresidentAlexMooretellingBoardmembersthatMrs.CarolFurrwasdismissed from the Board for stealing a dog from theshelter.Mrs.Furr has her adoption papers, this story has only surfaced 2 months after her dismissal, and that dismissal was not done in accordance with the organizations bylaws. b)Mr.GoldthwaitetoldKCLCCommissionerJodySweeneythataconstituentwouldbe charged with one count of dog-at-large.In fact, a warrant for her arrest was sworn out for multiple dog-at-large charges that were never served to her. c)Mr.GoldthwaiteassuringlegislatorsandcountyadministratorsthattheKCSPCAfollows CAPA guidelines for vaccinating animals.He has also told Board members that it is more dangerous to vaccinate than to risk illness, and then that he does not have enough drugs to vaccinate.Hehasalsoassertedthattheguidelinesdontapplytoanimalsimpoundedby DEACC.So, which story is the real one? d)Shelter statistics posted on the website do not add up correctly. e)Fartoomanyreportsofpetskilledimmediatelywhenimpoundedasstray.Distraught ownerstellofbeingtoldmultiplestoriesaboutthesameanimal,includingthestatement thattheanimalwassick(despiteregularveterinarycarethatcouldproveotherwise)or couldnotbeidentified(despitemicrochipsorcollars),orhadbeenheldpasttherequired time (most complainants challenge that) .In one publicized case, Mr. Goldthwaite said that it was because the dog was a pit bull and that was one strike against her.(This is also a CAPA issue, due to required hold times.) B. ANIMALCONTROLOFFICERSandTITLE9MISUSEANDABUSEOFPOWER, INTIMIDATION Multiple, credible reports of Animal Control Officers intimidating pet owners to gain access to theirhomes,usingintimidatingphysicalandverballanguage,andexaggeratedclaims(We have a report that you have a hundred animals in there). Multiple,crediblereportsofAnimalControlOfficersthreateningtoimpoundoreuthanize animalsforviolationsthatcarryafinebutallowforremedy(i.e.,rabiesvaccination,license, kennels). CrediblereportsofACOsharrassingindividualsbasedoncomplaintsfromneighborswho are believed to have personal or professional relationships with the ACOs. Failure of DEACC officers to tell a pet owner that the owner must request a Dog Control Panel Hearing(inwriting)andthattheyhavetherighttodothatATANYTIMEafteradoghas LETTER concerning KCSPCA & DEACC Page 4 beenimpoundedforaggressivebehavior.Thepaperworkinatleastonecasestatedthatthe dogwasseizedfortheDDP(DangerousDogPanel,whichiswhatDEACCofficerscallthe DCP), with the implication that DEACC would convene the Panel. TheDEACCCaptainmakingstatementssuchasyouhavetoagree(toTitle9stipulations admitting your dog is dangerous) or you wont get your dog back and a panel WILL find this dog potentially dangerous. The DE Code appears to allow a contractual animal control agency to seize an animal after two (2)reportsofaggressivebehavior*ina12-monthperiodwithoutinvestigationand verificationofthosereportsBEFOREimpoundingtheanimalandafteryourdogisin custody,noreasonableperiodoftimeissetforthemtofinishthoseinvestigations.THEY ALSODONOTINFORMYOUthattheyhaveafinancialinterestindeclaringyourdog dangerous - eventually since they can then charge you kennel fees for keeping him. *aggressivebehaviorcanincluderunningtowardsapersonwithintenttoattack-andis obviouslyopentointerpretation.Soyourdogrunningtoaneighborandjumpingonthemcan and will be described as aggressive behavior and can lead to impoundment. LackofavailableinformationonthemembersandproceduresoftheDogControlPanel,and conflictinginformationfromaformerchairofthePanelandDEACCsCaptainonwho, exactly, determines a dog is dangerous (he says DEACC does, the former Chair says thats the Panels authority). DEACCpersonnelusingapolicestatutetosaveupreportsofdog-at-largeandthenswear out a warrant for a pet owners arrest for multiple citations that may not have been issued.Not onlyareACOsNOTpoliceofficers,thisislike neverreceivingatrafficticketandbeingarrested for not paying the fines. C. CAPA CONCERNS: Crediblereportsthatconditionsoffacilityandanimals,andthetreatmentofanimalsareless than sanitary and humane.Over-crowding aside, the way that kennels (and dogs)are cleaned, popupcagesnotcleaned,anddogsaredeniedexerciseandsimplecomfortsuchasblankets and toys is not humane or compassionate CAPAcallsfortheanimalstobeseenbyaveterinarianandvaccinated(forkennelcough, feline distemper and/or rabies) within a set time.Based on the observations of Mrs. Furr and her companions, and the experience of individuals whose dogs have been impounded, as well as the outbreaks of kennel cough and feline distemper, this is not being done. There are FAR TOO MANY reports of animals impounded and euthanized before their owners could claim them well within the period animals are to be held.This is always rationalized as eithertheanimalwassick(despitetheownersstatementstothecontrary),oritwasan accident.Howmanytimesdoesthishavetohappenbeforeitisrecognizedasapatternof carelessness and disregard for the law?There is at least one law suit being brought against the KCSPCA for this violation. LETTER concerning KCSPCA & DEACC Page 5 There are also reports of good samaritans who have turned in animals, saying THEY would adopt the animal if a home could not be found and finding out a very short time later that the animal had been killed. Reports of evaluation reports being changed only so that an animal may be euthanized not for a valid medical reason. Reportfromanothershelterthatdogssenttothemevaluatedasaggressiveandlistedtobe killed were, in fact, unwell and needed medical treatment. Report that kennels in the shelter share a wall with the crematorium, causing excessive heat in those kennels. D.RETALIATION/INTIMIDATION/HARRASSMENTOFBOARDMEMBERSANDPET OWNERS Mrs. Furr believes that her dismissal from the Board was retaliation for asking questions about conditions at the shelter and treatment of the animals.She believes a story about her stealing adogfromtheshelter(shehasadoptionpaperwork)isbeingcirculatedtoundermineher credibility. Ms. Sherene Lindo believes the warrant for her arrest was issued in retaliation for her refusal to allow DEACC Captain Whipple declare her dog dangerous. Ms.LindoandMs.BobbieSwainbothbelievetheyhavebeenandcontinuetobeharrassed (overaperiodofyears)byDEACCofficersbecauseofneighborswhohavepersonalor professional relationships with DEACC staff. MultiplereportsofACOsusingphysicalandverbalintimidationtoenterhomesandto impound animals. E. VETERINARY DRUGS CONTROLLED SUBSTANCE ISSUES Please see the attached statements from Mrs. Lynn Nellius, former Board member and Treasurer, andPamDerrickson,officemanageroftheDelmarvaAnimalEmergencyCenter.Bothdrugs, Ketamine and Buprenophine, are controlled substances. F. BOARD AND EXECUTIVE DIRECTOR FISCAL IRRESPONSIBILITY/MISUSE OF FUNDS Please see Mrs. Nellius statement. LETTER concerning KCSPCA & DEACC Page 6 G. FOIA/BOARD & BYLAW ISSUES/CONCERNS: TheKCSPCAandDEACCarefederallyrecognizednon-profitorganization,receivepublicmonies, andareexplicitlygivenenforcementresponsibilitiesthroughbothlegislationandcontractual obligations.The organizations are therefore subject to FOIA and whistle blower laws.This brings up questions concerning their bylaws and how the Board operates. Mrs.FurrwasdismissedfromtheBoardwithoutnotice.BoardPresidentAlexMoore referenced an executive committee meeting, and said they didnt need to put the dismissal to a vote or give her written notice (as required in bylaws) because she was on probation. a)Whileaninitial,one-yearterminmentionedinthebylaws,thereisnomentionof probation. b)There is no indication that the executive committee meeting was noticed, as required by FOIA. Other Board/Bylaw concerns that the KCSPCA has a Board of Directors that is not functioning in a professional, responsible or FOIA compliant manner: a)Potential Board members arerequired tomake a $500.00 donation to become a board member.Thiskindoffinancialrequirementcanmakeitdifficulttorecruitmembers whomayhavesomethingtoofferbesidesmoney.(bylawsofsimilarorganizationsonly require a potential board member to be a member in good standing.) b)The Bylaws include a section calling for completeconfidentiality on all issues (not just personnelandanimalcontrolinvestigations)onthepartofBoardmembers,witha penaltyofimmediatedismissalforinfractions.Infact,Mrs.FurrreportsthatBoard membersweretoldtheycouldnotevenmakecommentsabouttheorganizationin BoardmeetingsespeciallynegativeoneswithoutsubmittingittoBoardPresident Alex Moore a week in advance and in writing.While the section does have a line that saysitdoesnotincludereportingcriminalactivitytolawenforcement,itdoescome backtothequestionaskedinourcoverletter:whodoyoureporttheKCSPCAand DEACCviolationsto?Doestheprohibitioncoverlegislatorsandcounty administrators?TheGovernorsOffice?Andwhyissuchsecrecyneededbyan organiztion that is supposed to serve the public? c)Boardmembersarepubliclyandprivatelyridiculedandreprimandedforasking questionsatmeetingsorforvisitingthefacilitybyBoardofficersandMr. Goldthwaite.Yetlegally,andaccordingtothebylaws,theyaretakingonthe responsibility of managing the organization.(Another Delaware shelter contacted does not prohibit their Board members from visiting the facilities and in fact encourages it.) d)KCSPCA staff are instructed not to talk to Board members.(Another shelter contacted has said that while they prefer questions to come through channels both from and to staff they do not prohibit staff and Board members from speaking to one another.) LETTER concerning KCSPCA & DEACC Page 7 H. ALLEGED VIOLATIONS We consider the following allegations credible, and the identities of those reporting them are known to us.Unfortunately, they are afraid to come forward publicly. A staff member found Mr.Goldthwaite changing evaluation reports in the computer.*When confronted, Mr.Goldthwaite offered him a raise and told him he would be able to work from home.The staff member accepted this offer. Thissamestaffmemberhasbeenreportedasharrassingfemalestaffmembers,including changing the first Interim Directors computer password to Bitch. Reports(separatefromtheonelistedabove)thatMr.Goldthwaiteeitherchangesorallows changes to both animal evaluations and animal control reports.* In 2010, a staff member announced that she could no longer work at the shelter and was going to quit and reporttheproblems. Mr.Goldthwaite followed her out to the parking lot.When they returned, the employee had a salary increase. Reports of staff testing positive for drugs including Animal Control Officers.(While we dont knowifthereisaZeroTolerancepolicyineffect,ACOscarrymetalbatonsasweapons,so this is a concern.) Suspicion that Mr. Goldthwaites business, Indian Branch Drafts, uses horses that were turned intoorimpoundedbyKCSPCA/DEACCandtransferredtohimwithouttheappropriate paperwork or financial donation made. At least one horse, Fancy Pants, is definitely from the KCSPCA, and advertised as such on the Indian Branch Drafts website. Mr. Goldthwaite and his wife have both been seen taking boxes of files away from the facility. *AND FINALLY, REGARDING CHANGING REPORTS, A QUESTION: WHYUSEACOMPUTERSYSTEMTHATALLOWSEDITSTOREPORTSW/O DOCUMENTINGTHATCHANGESWEREMADEANDNORETENTIONOFTHEORIGINAL REPORT? Thispaperworkisusedtodocumentcompliancewithlawsandinenforcementandlegal proceedings (court, insurance).It should not be vulnerable to tampering.Ms. Lindo believes that thereportherinsurancecompanyreceivedfromDEACCdiffersfromtheoneshewasgiven, leading to the cancellation of her home insurance. ATTACHED DOCUMENTS Statement from Carol Furr -e-mails with KCSPCA Board President -Letter to Secretary Kee, DE Dept. of Agriculture -photos of shelter and dogs A vets report on J oey is available on request Statement from Lynn Nellius-E-mail to Executive Board Statement from Pam Derrickson, Office Manager, Delmarva Emergency Animal Center Statement from Sherene Lindo regarding Hemis impound and arrest warrant -E-mails from Jody Sweeney to Murrey Goldthwaite -Intake paperwork -Letters to Murrey Goldthwaite -Arrest warrant and affadavit Mr. Greenes warrant and Ms. Lindos response to the affadavit charges are available on request Statement from Bobbie Swain Letter from Canine Nation regarding Neo to Secretary Kee, Dept. of Agriculture Statement of David and Krista Lawson NO-KILL DE letter to all Delaware legislators Complaints and letters posted on internet sites -Pit Bull Chat Room -No-Kill Delaware -Eileen Adams & Cody e-mail to Attorney General and other correspondence-Similar story posted in response to Eileen Adams -Repost from Craigs List, another story similar to Eileen Adams -WMDT report Pit Bull euthanized for no reason -NO-KILL DE correspondence with Murrey Goldthwaite shelter lawdoes not apply to Animal Control (DEACC) -Max the Boxer euthanized despite willingadopter - News Article - Letter to KCSPCA from Sara LeBright -Great Pyranees Blog Rescue group not given chance to save dog -No-Kill Network post - Carol Torreys complaint microchipped dog killed E-mails from a rescue group representative We have other credible complaints that we were unable to include, even anonymously,because the individuals were afraid that the details would identify them and lead to retaliation.The complaints involved Animal Control Officers.