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COMMISSION OF ANIMAL CONTROL AND WELFARE
Mailing Address: 1390 Market Street, Room 822
San Francisco, CA 94102
Voice Mail: (415) 252-3817
MINUTES OF MEETING - MARCH 8, 2001
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the March 8, 2001 meeting of the Commission of Animal Control and Welfare to order at approximately 5:30 p.m. at City Hall, Room 408, San Francisco, California.
Commissioners in attendance: Chair Elissa Eckman, Carl Friedman, Animal Care & Control, Bill Herndon, S.F.P.D., Jack Breslin, S.F.D.P.H., Cheryl Bentley, Vice-Chair, Chin Chi, Frederick Hobson, Richard Schulke and Katherine Tchen (positions for Park and Recreation and Veterinarian vacant).
Commission Chair Elissa Eckman presided during all aspects of the meeting. All 6 commissioners (or their lawful designates) holding valid appointments being present, the quorum requirement of Section 6 of the Commission’s "Rules and Regulations" (50% of those eligible to vote) was satisfied.
2. (a) APPROVAL OF THE MINUTES
With regard to the Minutes for the February 8, 2001 meeting,
it was suggested that a long phrase beginning on line six (counting up from
bottom of page 2) "on occasion, both Commissioner Hobson and a few members
of the public made personal accusations or sarcastic remarks against each
other and" be deleted. It was unanimously agreed to delete this phrase.
(b) COMMITTEE REPORTS
(1) Report of the Police Department: Deferred
(2) Report of the Health Department: Deferred
(3) Report of the Dept. of Animal Care and Control: Deferred
3. CHAIR’S STATEMENT
Chair Eckman started the meeting with the good news that long-time animal activist Brigitte Bardot continues to march on by recently donating $150,000 to sterilize 100,000 dogs in Romania (this data may not be right, I’ll check tape again). Eckman also introduced Rosa Sanchez, the new city attorney appointed to the Animal Commission, and she was present through the entire meeting.
Eckman announced that at the meeting earlier with Attorney Sanchez it was decided that a sub-committee be set up, consisting of her and vice-chair Bentley, to discuss with Attorney Sanchez the promulgation of rules and protocol consistent with the jurisdiction of the Commission. They will then bring up their proposal before all the commissioners at next Commission meeting for their in-put and approval. Commissioner Chi emphasized that there was also a need to try to keep the meetings to within 2 hours and not have it go on endlessly as the longest tapes available are only 2 hours and it is difficult for a non-professional secretary to remember everything accurately after there is no longer a tape to help out.
Commissioners Hobson and Tchen expressed concern over the possibility that such rules, limitations would limit the freedom of speech. Commissioner Eckman and City Attorney Sanchez explained that any limitations on time of speech for both public and commissioners is precisely in order to give everyone an opportunity to give their input and to at the same time be able to move a meeting on. Commissioners Eckman and Chi also explained that limiting the number of items to be discussed and the time for each to speak would facilitate things getting done rather than endless discussion with no results or bombarding the Board of Supervisors with so many letters of recommendation that they would have a good excuse to do nothing. These two opposing views were expressed many times over during the discussion of many of the specific items mentioned below.
4. SPECIALLY CALENDARED MATTERS
(a) Status of proposed letter to Board of Supervisors
urging implementation of new state laws on live animal markets in the City
and County of San Francisco. The request written by Virginia Handley from
Fund for Animals, one of the main promoters of the Kuehl Law, was read aloud
and then discussed by the commissioners and the public. Discussion centered
on lack of funding for implementation. Commissioner Tchen made some specific
suggestions and was asked by the Chair to write the letter to the Board which
would be based on Handley’s request and include the suggestions made. Commissioner
Tchen agreed but wanted Hobson to write it. Hobson agreed but wanted to send
the letter before the next meeting because budget discussions might be over
by then. From the public, Eric Mills spoke in support of Handley’s request
and various commissioners’ proposals for funding, but contended that the money
would still not be adequate, and that funding should come from the S.F. SPCA
as Kuehl’s bill is almost identical to what the S.F.SPCA had originally proposed.
Mills also cited the illegality and serious health problems possible with
sale of live turtles, armadillos, etc. Suzanne Martin stated that if there
is no money to enact the laws, the commission should recommend the markets
be shut down until funding was obtained.
Commissioner Schulke left at this time because it was
his birthday.
Eckman recommended a letter be sent from the commission
and that the full commission review the letter before it is sent. Hobson insisted
that the letter be sent before the next meeting. It was finally unanimously
decided, with approval from the city attorney, that since the commission had
originally voted unanimously to send such a letter, that the letter could
be written and sent by Hobson before the next meeting, but that Chair Eckman
and all fellow commissioners should receive a copy of it as soon as it is
sent to the Board of Supervisors.
(b) Status of proposed letter urging Board of Supervisors
to increase funding to Dept. of Animal Care and Control.
Commissioner Hobson presented a letter requesting funding
for the animal commission and agreed to write another letter about more funding
for the Dept of Animal Care/Control. His letter was unanimously approved.
(c) Current status of the Crime Stopper (anti-dog-fighting)
Posters:
Questions were raised by Commissioners Eckman and Chi
as to whether the Commission needed to do anything more to facilitate the
effort, whether the question of funding was resolved and when the posters
would appear on the proposed Muni Bus Stops. Answers were given by Sergeant
Herndon, and Melissa Flowers and Director Carl Friedman, (both of Animal Care
and Control), the gist of which was: the Commission did not need to do anything
more, Crime Stoppers supported this effort and funding would be shared by
Crime Stoppers and the Department of Animal Care and Control. Flowers was
also working on the actual posters, stating there would be three kinds (one
that dog-fighting is a felony, one urging neutering and spaying, and one showing
how lovable a pit bull can be when loved and trained properly). Flowers said
they needed someone to do the artwork and, on the spot, Sharie Lesniak, a
copywriter and animal activist, present at the meeting, offered her service
free. Flowers stated that the posters could be out soon, that the hardest
part was getting the art work done, and since printing costs would be less,
once the art work costs are resolved, work on the posters should proceed quite
fast.
On another subject, Commissioner Hobson asked what became
of the educational pamphlet on elective surgery that Animal Protection Institute
was going to help the Commission put out. Chair Eckman asked the City Attorney
if the Commission had the authority to write such a pamphlet. Commissioner
Chi explained that Animal Protection Institute is now offering not only to
print the material, but also write it and to distribute it. All they now ask
of the Commission is permission to use the animal commission’s name as one
of their sponsors. Attorney Sanchez stated the Commission needed to write
a letter asking permission to put their name on the educational pamphlet.
Dr. Cole, a member of the public, suggested that the Commission first read
the final draft of the pamphlet before writing the letter. This was unanimously
agreed to and Commissioner Bentley offered to write the letter once the final
draft had been reviewed and agreed upon by all the commissioners.
(d) Proposal to Dept. of Animal Care and Control to
allow applicants to adopt animals from their shelter with said applicants
being between the ages of 16 and 17 (Action Item made by Christine Garcia
carried over from February 8th meeting). Commissioners Eckman,
Herndon, Friedman, Tchen and Chi all pointed out it was a legal issue governed
by state laws, that no individual or organization can make a legal contract
with a minor, so how could one city department, commission or Board of Supervisors
change that? Commissioner Chi also questioned the need for even discussing
such an item when it was obviously a legal one which the commission had no
jurisdiction over. Attorney Sanchez stated the commission could discuss anything
we agreed to discuss but whether it will be considered by the Board will of
course depend on the legality of it, etc Most of the above commissioners also
pointed out the result of such a change, if made, would be, in the long run
and overall, detrimental to the welfare of the animals. Members of the public,
Dr. Cole and Suzanne Martin, also opposed such a proposal and pointed out
more animals would be dumped if passed. Commissioners Hobson and Bentley expressed
support to consider her proposal. Chi opposed carrying the subject on to next
meeting, and that, if need be, the commission should vote then and there whether
to agree or not to the proposal. Friedman: several times offered to make exceptions
to the case in his department if Garcia found the need in the future. Garcia
finally agreed to withdraw this item so no vote was taken.
(e) Proposal by Christine Garcia to write letter to
Board of Supervisors recommending the appointment of an Assistant District
Attorney strictly for the prosecution of crimes to animals (action Item
carried over from February 8th meeting) Friedman pointed out there
already was such an Assistant District Attorney appointed by D.A. Hallinan.
Commissioner Hobson proposed that a letter for such a proposal still be written
to the Board of Supervisors to establish a rule that no matter who becomes
D.A. in the future, the D.A.’s Office will always have an Assistant D.A. strictly
for the prosecution of crimes to animals. This proposal passed. Hobson, Tchen
and Bentley voted for it, Eckman and Chi against it.
(f) Security concerns at San Francisco Zoo (Discussion
Item carried over from
February 8th meeting). The item was dropped
after a vote was taken in which Commissioners Hobson and Tchen voted for continuing
to discuss the item and Commissioners Eckman, Chi and Bentley voted to drop
it.
(g) Proposed Letter by Commissioner Hobson to the
Board of Supervisors not
recommending tree cutting/removal because of its effects
on animal life in the city. Commissioner Hobson presented letter to the Commission
which he had already sent.
(h) What can be done concerning Internet advertising
sale of dog/puppy meat and "kittens grown in glass bottles"
which Commissioner Tchen raised at last meeting. The item was dropped after
Commissioner Friedman stated his personnel had checked it out and found no
actual such thing, that it was apparently a "sick joke".
4. NON-CALENDARED MATTERS
(a) A final agreement by all commissioners to the letter
Commissioner Hobson will have sent out by then based on Virginia Handley’s
proposal concerning implementation of the Kuehl Bill.
(b) Proposed rules and protocol consistent with the jurisdiction
of The Commission for Animal Control and Welfare for discussion and approval
by the entire Commission.
(c) About UCSF violations regarding testing of lab animals,
and how the Commission should support the Board of Supervisors’ Resolution
979-98.
(d) Commissioner Hobson’s recommendations for educational
measures about dog training (action item)
(e) Dr. Jean Hofve of API notified Commissioner Chi she
might be able to get together the final draft of the material about elective
surgeries before the next meeting, in which case the material and the letter
to the Board of Supervisors asking permission to put the commission’s name
on it could be considered.
(f) Re-submitting the guardianship recommendation (as
requested by In Defense of Animals who first brought up the recommendation
over a year ago).
ADJOURNMENT
The meeting was adjourned at about 8:30 p.m., a motion
to this affect was made by Commissioner Eckman and seconded by Commissioner
Bentley.
Dated: March 24, 2001 Chin Chi,
March 31, 2001
Dear Fellow Commissioners on the San Francisco Commission on Animal Control and Welfare:
As the meeting of March 8, 2001 went on for three hours and there was only a 2-hour tape (the longest available on the market), one hour of proceedings was not taped. In addition, for some technical reason which I hope can be overcome at next meeting by someone who knows about technical matters regarding audio systems ( I do not), City Attorney Sanchez’ voice was hardly audible most of the time. Similar situations arose with regard to Commissioner Tchen and Chair Eckman, but not as often. Therefore, due to all of the above, I again had to depend on my memory for some of the contents of this Minutes. You may offer corrections at the next meeting.
Sincerely,
Chin Chi
Commissioner and Secretary
Commissioner Schulke then proposed that the last item on the agenda 4(j), Commissioner Hobson’s request for an ordinance to muzzle all aggressive dogs in public areas and in the common areas of privately or commercially owned properties in San Francisco, be brought up first as so many people and representatives of the media had come especially to discuss/cover this issue.
4. SPECIALLY CALENDARED MATTERS
(j) During discussion of this subject by the commissioners, Commissioner Hobson first explained his proposed muzzling ordinance, that it was a public safety measure and that it was not because he hated dogs. All the other commissioners spoke against the muzzling proposal. Commissioner Schulke said he received countless calls on this issue and most were against the muzzle law although a few favored it, among them the blind who relied on service dogs and said their dogs had sometimes been attacked by aggressive dogs which threatened their own safety. The commissioners opposing the muzzling ordinance said it did not solve the problem of aggressive dogs but only aggravated the problem as it created a public fear of all big dogs, and some dogs, since the media reported on this proposal, had been screamed at and even kicked by people on the streets causing them injuries and nervousness as reported by veterinarians who also strongly opposed this proposal. Commissioner Herndon and Commissioner Friedman both pointed out that there were already existing laws against aggressive dogs, including a muzzling requirement for some. Commissioner Friedman also cited statistics about dog bites showing how a muzzle was not the solution. Commissioners Bentley and Chi proposed more constructive measures in light of the woman killed by a dog which included more educational programs, an off-leash area for dogs in every district, encouraging spaying and neutering, enactment of a proposal made a year ago by Commissioner Eckman that MUNI buses and bus stops display posters pointing out that dog-fighting is animal abuse and a felony to alert the public to this problem and encourage them to oppose and report it.
About 30 people from the public spoke, the majority against
the muzzling ordinance with 2 supporting it, saying they had been bitten by
dogs. Those against included representatives from such organizations as the
S.F. SPCA, The Fund for Animals, In Defense of Animals, and dog-owner and dog-rescue
organizations. They pointed out that although there were some breeds that were
more aggressive than others because they had been bred that way for centuries,
most of the time the key to how a dog turns out is the people who have them.
If not trained or trained especially to be aggressive, even a non-aggressive
breed can become vicious whereas many aggressive breeds such as pitbulls, if
brought up right, have turned out to be very loving and gentle. A young woman
with a baby in her arms especially made this point as she declared she was also
the mother of a pitbull and they all got along fine. These speakers supported
the suggestions made by some of the commissioners and added positive suggestions
of their own such as posters teaching how to behave in front of a dog, promoting
training classes, training classes about handling dogs that would be offered
at every school, neutering all dogs once adopted, etc. Several speakers also
cited more statistics showing that a muzzle was not a solution for dogs biting.
During the discussion Chairwoman Eckman urged all to show respect for each other
and avoid making personal remarks. At the conclusion of the discussion, the
commissioners voted on the issue, with Commissioners Eckman, Bentley, Chi, Schulke
and Tchen opposing the muzzle ordinance and Commissioner Hobson voting for it.