HomeMy WebLinkAboutCOM 0054.008 2000-2002 i=' =
•01 F~~ ~ P~ 1 u6
HAWAII ISLAND r'~
SO@IE'IY
January 31, 2001
Dear Councilman Chung,
On January 23, the Finance Committee met to consider a resolution for a technical
performance evaluation of the Hawaii Island Humane Society (HIIiS) Councilman
Tyler pointed out that the Legislative Auditor's report on animal control had fingered the
County as culpable for most of the inadequacies of animal control, and he wanted the
evaluation to focus on the County rather than HIHS Action on the resolution was
deferred for two weeks
As President of the HIHS Boazd of Directors,l would like to amplify on our testimony
before the com?mttee First, the board of dvectors supports the three major
recommendations made by the Auditor, including the recommendatton that we undergo a
performance evaluation of our contracted services by an unbiased and creditable animal
welfare organization We view this as an opportumty to receive an oblecnve evaluation
and recommendations from experts in our field And, we support Councilman Tyler's
suggestion that the evaluation include the County's role in animal control
We would like to point out, however, that any new study of animal control is going to
stazt by spending more money to re,dentify the problems already documented in the
Legislative Auditor's report Why not fix those problems before initiating further
evaluation
Please consider the following 1) It doesn't take a technical evaluation to figure out that
~f the County believes the solution to animal control Ges in giving more citations, then
they must immediately address the lack of cooperation from the County Prosecutor's
Office in getting our humane officers badged To cite just the latest example, six of our
employees have been waiting to be badged for over suc months, when the entve training
could be completed in one day Currently, there aze no badged officers in Konal
2) It doesn't take another evaluation to respond to our long-standing appeal to revise the
ammal control laws that we operate under
3) It doesn't take another evaluation, nor does the County have time to wait for another
evaluation, to realize that we are severely underfunded HIHS cannot subsidize the
county contract again with our own funds as we have in this fiscal year At the end of
last fiscal yeaz, we were overtaken by huge increases in employee benefits, in the price of
fuel, and in repair costs for our aging fleet of trucks Rather than lay off employees and
cut sernces mid-way through the year, we aze spending over $100,000 that should be
going to our other programs We are a nonprofit, and we cannot afford to do this again C
Comm. No, ? _
F31fe NTo~. ANI
745225 Queen Kaahumanu Hwy • Kadua-Kona, HI 96740 • Telephone (808) 329-1175 • Fax (808~3f9-T l:s Fr
Q 5 ~l~~l
Keaau (808) 966-5458 • Kamuela (808) 885-4558 Ref. Date
To return to item 1), it is important for members of the new administration to realize that
the current flap over citation numbers, which is reflected in the amount of space devoted
to the subject in the Legislative Auditor's report, is driven by the West Hawau Humane
Society (WHHS) You might note that almost all the complaints about animal control
come from the west side Ginger Towle, the head of WHHS, implies that we do a poor
lob on the west srde because we are really an East Hawaii organization On the contrary,
since 1993, our administrative offices have been in Kona and our executive director has
lived in Kona or Waimea Our boazd is composed of directors from all azound the island
and rotates meetings between Kona, Waimea, and the east side
The citation issue is doubly ironic, because for three years, from 1991-1994, the County
refused to allow HIHS to issue airy citations (see history below) At first, HIHS was very
concerned about losing that authority, but by the time we finally got our badges back, our
officers had adapted, and we had evolved into an organization that put more emphasis on
education and mediation During those three years, there was no increase in the number
of complaints about animal control
I strongly urge you to take few minutes to read the following summary of HMS's
relationship with the county since 1990, when, at the County's request, we took over the
animal control contract for the whole island As the saying goes, "Those who cannot
remember the past aze condemned to repeat rt "
A short hiatory of HIITS's partnership with Hawaii County
July 1990 Hawau County asks the Hawaii Island Humane Society (HIHS), which until
that time had the animal control contract only for the east side of the island, to take over
the contract for the entire island in September 1990 We agree Ginger Towle, director
of the West Hawaii Humane Society (WHITS), had refused to sign new contract, and was
quoted in the Hawaii Tribune Herald of July 27, 1990, "The (West Hawarr) Humane
Society will have nothing more to do with the pound
facrhty here, "Towle Bard "I 'm not
going to do rt anymore no matter what the county does. "
In a letter to the Council dated August 5, 1990, Cringer Towle stated that among other
reasons for rejecting the contract, she could not keep the Kona and Waimea shelters open
Monday-Saturday from 9 00 a m -3 30 p m "This request is physically impossible to
meet with the limited staff and a nonexistent labor market " (Note that our similaz
difficulty in keeping both shelters open six days a week is one of the many faults she
finds with us )
September 1990 Cringer Towle launches anon-stop cazeer of hazassmg of HIHS and
county officials
September 1991 The Corporation Counsel abruptly strips HMS's officers of their
badges, in response to a Puna woman's assertion that HIHS officers had no right to come
onto her property to investigate a complaint that she was starving her horse Tlus action
precipitates a senes of Council hearings These are particularly unpleasant, because the
Finance Comrruttee is dominated by several men who are unbelievably rude to the HIHS
2
Executive Dvector (and probably many other people) Members of WHHS testify
against HIIIS, and a group that includes former WHHS employees seeks the contract
October 20, 1991 The HIHS Board of Directors wntes to the mayor
"We support the County rn ?ts efforts to revise the ordinance governing animal
control. However, the way that this action was initiated, by stripping our employees of
them police badges without first having a new ordinance rn place, has created an
unnecessary crisis. It has been more than a month since this happened, yet we have
received »o rna6cahon that a new ordinance is being drafted In the meantime, the
animal control officers no longer have the authority Jo pursue stray animals onto private
property, issue citations, or seize dangerous or abused animals.
The County's irresponsible actions have severely undermined the morale of
Humane Society workers Our employees perform a d~crrlt, stressful, and often
dangerous service for society Summarily stripping the animal control officers of their
badges carries the imphcahon that they have abused their specs! deputy status. This rs
not the case.
We do not want an adversarial relationship with the County. The Humane
Society exists to help animals and people who acre having problems with animals We do
not want to waste our limited resources on fighting poletrcal battles. We provide a
valuable service for the County, a»d rn return we are now being asked to perform our
contractual duties with both hands tied behind our back. "
Apri16,1992 In a letter to the Mayor, Corporation Counsel, Police Cluef, and Councd
Chair, the HIHS board comments on the new proposed ordinance that removes the
authority to issue citations from the humane society
'i1Mr. Matsukawa (the Corporation Counsel) is looking out for the county, but the
Humane Society must also worry about lrabil~ty. As we all know, this whole issue began
with Janet Srhn's allegations of misconduct on the part of cinrmal control officers. Her
accusations were investigated, and the animal control officers were cleared of the
charges by the Corporation Counsel's Office Even so, the county legrtimrzedMrs.
S~lva's complaints both by rescinding the special deputy status ojthe animal control
officers and by conirmirng to consult with her out of obvious fear that she would sue.
By such actions the county has created a climate wherein we must seriously
consider our own lrabthty Given these conditions, we are questioning whether rt makes
sense for us to continue to provide animal control services for the county "
Throughout 1993, the Corporation Counsel works on a new ordinance, eventually
producing one that is essentially the same as the original
January 11, 1993 minutes of the HIHS Board of Directors meeting
"Ordinance: Pat (Gorman, H1HSExecutive Director) hasn't been able to get a hold of
Matsukawa. The Police Dept has been moving slowly on providing the training
necessary for getting the badges back Training rs now set for 1-15 to Htlo rnrd I-29 in
Kona. After training, the animal control officers have to have background checks, then
everything goes to Finance Dept for final approval "
3
September 1993 HIHS Minutes "Badges.• Pat called the Director of
Finance's
secretary who rs currently trying to frrd out from the Corporation Counsel what the delay
is. The Corp Counsel told Pat earlier that all the paperwork would be ready by July. "
March 12, 1994 HIHS Minutes "use of badges rs awaiting the state's printing of the
violation handbooks"
Juue 25, 1994 HIHS Executive Director's report `After meeting with assistant police
chief Todd and writing follow up letter to the Clerk of Court, Gtahon Books were finally
returned to HIHS " Almost three years after badges were removed!
May 14, 1997 Pnvatization Fats HIHS is informed by a top official in the last
administration that the County contract is null and void as of the end of the day
Furthermore, since the Kona and Waimea shelters are County property, our Executive
Dvector, Lisa Fowler, is told that we might have to vacate the premises
"What about the animals "she asks, and is amazed at his airswer. "Turn them loose. "
HIHS is subsequently deemed an essential service, and we are allowed to keep operating
May 17, 1997 At an HIHS board meeting, heated discussion ensues over whether the
contract is worth fighting for While all agree that it would be satisfying to tell the
County they can have the contract and welcome to it, the board reaches a consensus that
we will fight to keep it The reasons Based on what we have seen of the County in
action vis-a-vis animal control, we doubt the County's ability to run a humane animal
control or sheltering operation, even given a period of training and transition
June 1997 Joining with other non-profits to restore our contract, we incur $10,000 in
legal expenses that are never reimbursed by the County
1998 Ginger Towle begins a campaign to win back the animal control contract for West
Hawaii, and gets put on the Council agenda An unmense amount of our Executive
Director's time in 1998 is spent responding to allegations put forth by WHHS
May 4, 1998 I~HS Board member's testimony before the County Council
"In closing, let me point out a frustrating trend Last year we were threatened
with the closure of al! three shelters during the pnvatrzatron crisis. This year we must
divert our energy to counter the groundless allegations brought by the Kona group. It rs
dishecntening that after serving the county and our community to the best of our abihty
for years, we must divert so much of our energy and
financial resources to these absurd
side issues. Yet we will persist to fight for the contract, because we know that we can do
the~ob more humanely than any other group on the island
Our bottom line rs not money, or status, or polities Our bottom tine rs the
animals We would appreciate the support of the county council so that we may return
our full attention to doing the work that we were contracted to do and have done very
ably for the last eight years "
The County Council Finance Committee concludes that there is no need to split the
animal control contract between east and west Hawaii
4
June 1998 At the behest of WHHS, the County decides to rewrite the animal control
contract and put rt out for bid Finance Director Harry Takahashi informs our Executive
Director that the County will not pay us ow monthly reimbursement in July, because
once the new contract is finished, it will be put out for bid, and he doesn't know who will
get it After meeting with our Executive Director and attorney, the Finance Director
concedes that he should continue to pay us, since a new contract will not be completed
before January 1999 Meanwhile, we operate with no contract
February 1999 Our proposal for the animal control contract is accepted
July 1999 The County still hasn't let us sign a contract, pending an appeal by Ginger
Towle Appeal subsequently denied When the contract is finally given to us to sign, it
consists only of our proposal for wntract Our attorney offers to draft a real contract, but
the Finance Director deems it unnecessary Contract extends to June 2002
August 1999 At the insistence of WHHS, a resolution was introduced to the County
Council Finance Committee to request a legislative audit of animal control At a public
hearutg on this resolution, HMS's attorney, Shawn Nakoa, points out in her written
testimony
"Although the HIHS does not necessarily object to a special study of anrmal
control, rt is important to recognize that the impetus for such a study comes
from the West
Hawaii Humane Society--an organization which attempted unsuccessfully to obtain the
anrmal control contract As many of
your commtttee members are aware, several years
ago, Ginger Towle and the West Hawarr Humane Society launched what can only be
described as a hate campaign against the Nawan Island Humane Society
When the County contract was awarded to the Hawaii Island Humane Society, the
West Hawarr Humane Society appealed the County Admrnrstratron's decision. Said
appeal was denied In add~hon, rn response to the marry, marry frivolous accusations
by members of the West Hawaii Humane Society, County officials have followed up
Absolutely no specific failures on the part of the Hawaii Island Humane Society were
ever verified "
November 2000-present The Legislative Auditor's report is completed, after much
presswe is brought to bear by Ginger Towle Needless to say, WHHS is not pleased with
the Legislative Auditor's conclusion that HIHS has performed capably, and has seized on
the recommendation that an outside technical evaluation needs to be performed Ginger
Towle is trying to bias the outcome of that audit by influencing the County's decision as
to which organization should perform it Craven her transparent motives, it would be
nonsensical for the Finance Committee to give serious weight to her opinions
Every humane society in the country has its Cnnger Towle, and we have learned to accept
that What is harder to take is the legitimacy that the county has lent to a witch-hunt, by
continumg to acquiesce to her demands
If you seek outside professional advice on the subject of a technical evaluation or any
other aspect of animal control, we suggest you consult Pamela Bums, Executive Director
of the Hawaiian Humane Society on Oahu Ms Burns has an international reputation as
the leader of an innovative and highly successful humane society She has kindly offered
5
to answer any questions from the County, ether by phone (808-946-9067) or in person
(And I recommend that the next time you're in Honolulu, you v~s~t then facility, to see
what swell-funded organization can accomplish )
It wdl come as no surprise, given our grueling history with the County, that we support
the Legislative Auditor's recommendation that animal control be transfereed to a new
division within the Police Department The only alternative is for the County to coconut
itself to working with us, rather than against us, in a way that it never has in the past
Sincerely,
Christina Hehker
President, Board of Directors
Hawaii Island Humane Society
cc Mayor Hany I{im, Executive Assistant Andy Levin, Finance Dvector William
Takaba, Legislative Auditor Comue I{inu, and the County Council
6