1.Call to order and Roll Call
5:35PM
Present Commissioners, Jack Aldridge DVM, Andrea Brooks, Sally Stephens, Pam Hemphill, Susanna Russo, Philip Gerrie, Rebecca Katz – ACC, John Denny – SFPD, Lisa Wayne – Rec & Park
Absent Commissioner, Geneva Page
2. General Public Comment
Lisa Vittori – Thank Comrs. Hemphill & Gerrie for reporting on and visiting the dog play areas, DPA’s in SF. Tired of fighting about how we love animals. Offer to go with Comrs. to DPA’s and explain why they don’t work. Does not like divisiveness and one side ‘winning’. In one side ‘winning’, the battle continues.
Public comment closed
3. Approval of Draft Minutes for March 10, 2011
No Commission comment
Public comment
Kelle Karmarcik - Corrects William O’Brien’s statement on how gulls contract aspergillosis. He stated they can get it by either eating it or breathing it. It can only be contracted by breathing it. The initials for Office of Spill Prevention and Response should be OSPR. Not OSPAR as was written.
Public comment closed.
Minutes proved unanimously with corrections by the public.
4. Chairperson’s report and opening remarks.
Comr. Stephens – Update on Commissioner appointments. Four Commission seats are up in April. Comrs. Brooks, Gerrie, Stephens, and Hemphill. Spoke with the Clerk of the Rules Committee, that hears requests for appointments. Since ACWC is not a charter Commission, we can serve until the seat is filled. It’ll probably be in June as it was last year. The Rules Committee meets twice a month. Anyone that wants to apply is welcome to. The Rules Committee makes a recommendation that goes to the full Board for final approval.
No public comment.
Joint Zoo update. Bob Jenkins and Mike Sulac have retired from the zoo. No one person has taken Bob’s place. His job has been spread out among several people. Bob was coming regularly to our meetings and was our contact with the zoo. Will work on finding a zoo contact as we feel it is important. The zoo has a new VP of Animal Care and Enrichment, David Bocian. There is a new hippo at the zoo. There was concern about it being left in its crate overnight when it arrived by Fedex Air at 8PM and was not released until the following morning. The decision was made that it was safer to release it in daylight for the animal’s and keeper’s safety. Also heard concern about a female duiker being moved to the African Savanna and away from a family group she was in. Was told duikers are solitary and they didn’t want her to breed. The Baird’s tapir is eating but is not doing well. A new koala and giant anteater were born at the zoo. Two blind sea lions will be coming from the Marine Mammal Center. One was blinded by being shot. The other is blind from an eye disease. Rehab was done at the Marine Mammal Center and they were looking for someone to take them. The habitat for sea lions is not up to standards. They need to raise money to improve the space. That includes improving the pool and providing a private space where they can go to not be viewed by the public. They have obtained contractor’s bids for the improvements but haven’t decided on who to go with yet so they don’t know how much money will be needed to raise. Wouldn’t decide until May. Had asked for a presentation on the transport of animals when heard about Fedexing the hippo. Animals that are flown are regulated by international treaties.
If there is ground transport they have more than one driver so there is no down time. Had asked about zoo’s plans in cases of a tsunami. They do have plans to move animals to higher ground. Dangerous animals would be locked into their indoor quarters. Squirrel monkeys, from Stanford, were rescued after Stanford lost funding for their research. They were going to be euthanized. They are in a temporary space now. They have had to be taught to be monkeys as they had never even seen grass.
The new enclosure will break ground in the fall. Joint Zoo is meeting regularly on the fourth Thursday at 5PM at the zoo. Meetings are open to the public.
Comr. Brooks – There is not a comprehensive evacuation plan?
Comr. Stephens – We didn’t go into much detail about that. Only that there was a plan to move some animals to higher ground.
Comr. Brooks – Do you know of any reaction from the zoo activists to the changes in zoo management?
Comr. Stephens – No. They haven’t been to the last couple of JZ meetings.
Comr. Hemphill – Has there been an earthquake plan discussed?
Comr. Stephens – No. But it would be worth asking about. Will ask for a presentation on that.
Comr. Gerrie – Bob Jenkins had an open invitation to us to come visit. Is there one person we can now call?
Comr. Stephens – Call Tanya. That was Bob’s job specifically. It may now depend on what the topic is as to who will do it.
Comr. Gerrie -It was also good to have a tour of JZ people and Commissioners before the JZ meeting.
Comr. Stephens – The last couple of months has not been good weather for tours but they can be requested.
No public comment
5. New Business
A) Discussion and possible action to recommend to the Board that SF develop a database of people convicted of animal abuse or neglect. The database could be accessed by rescues and city shelters to screen potential adopters. Sandra Bernal will give a presentation.
Comr. Katz – Sandra Bernal is an animal care attendant at ACC. She had proposed, about a year ago, an on-line data base similar to the Megan’s Law for animal abusers. There was a similar law proposed at the State level but it failed for budgetary reasons. She will present an updated version of her proposal to us. There is a database called petabuse.com culled from public records and newspaper clippings but it is somewhat limited. Sandra wanted something that was more comprehensive to determine if placement was appropriate.
Sandra Bernal – This database will be for animal abuse and neglect. It will be for those convicted and those under investigation of animal abuse or neglect. This database could only be accessed on a need-to-know basis. The City might want to consider public access database with extremely limited information. This database would start only in SF for now. Eventually I hope it would go State-wide. There would be a representative from non-profits, rescues, and City shelters that would obtain a pin and password to log into this website. People listed in this website would only be used to screen potential adopters. If a person has only been investigated for animal abuse but not convicted it would be up to the adopter to determine whether to allow the adoption. Specific information would not be listed as to the conviction. One would have to call ACC for those details. A person convicted of animal abuse would have his first and last name listed on the website. Those not convicted would just have their last name listed. A person who surrenders a sick or neglected animal would have his/her name in the database.
ACC now has a non-adopt list. Some examples are: in 1995 an owner surrendered a dog for barking too much, in 2011 the same person surrendered another dog because he had no time. His name would be listed but could be removed if there is a circumstance of change. It would require adoption counseling and further screening.
In Feb 2011 a pregnant owner surrendered two chihuahuas for crying a lot. One chihuahua was pregnant. Another case was of a dog being seized because it was tied to a street pole with a plastic bag and had a record of having bitten someone. The owner was intoxicated. The dog went to the shelter. The owner never redeemed his dog. The dog was euthanized. This person would probably remain on the list. In 1999 an owner had two Labradors. A report was made that these dogs were in poor condition. An ACC officer found the dogs were OK but the living conditions were bad enough that the dogs were seized. One was adopted the other was euthanized due to poor health. In 2004 the daughter of the Labrador owner wanted to adopt from ACC. The adoption was denied. She was required to prove her dad was not living with her. She never came back but did obtain two dogs. Another complaint was filed on her. Her two dogs were living in the same condition as the two Labradors. They were seized. In 2011, nine dogs were found at the same house. This database will show repeating patterns such as this. Convicted abusers will pay restoration fees to support this website. This website will not be used to discriminate or harass anyone but only to protect the well being of the animals. This database, if it goes through, can help other agencies because it has proven that animal abusers can also abuse people. This could help more animals and save their lives.
Comr. Hemphill – This database could have the same problems as the no-fly lists have. That is more than one person having a common name. Would there be other data besides just the name?
Sandra Bernal – We could put an address but people move around. Privacy is not an issue because only one person from each animal group would access the database.
Comr. Hemphill – Like the idea of a connection of an animal database with a people database.
Comr. Brooks – Would like clarity on how one could get their named removed if they can prove they have become a responsible animal owner. Which category is permanent?
Sandra Bernal – Animal abusers would be permanent. Cases were an animal’s health is an issue or questions of adequate care, when animals are surrendered to shelters, those names in those cases could be removed if they show they can change their ways.
Comr. Katz – ACC has a list of people to not adopt to. They might be convicted of animal abuse, or shown animal neglect. We would not be inclined to adopt to those people. Surrendering an animal for no time or for barking are not irreversible issues. They just don’t know what is required to take care of an animal. If this database moves forward the City Attorney’s office would want to weigh in on as to privacy questions.
Comr. Aldridge – Do you release this information to anyone else such as the SPCA?
Comr. Katz – We don’t share lists but if you were to call about a particular individual we would share that we’ve had some experience with that person.
Comr. Aldridge – So on a case by case basis? Getting this information to the people that need it is important. The SPCA has had to work to just get a person of concern on our own adoption list. Only recently have we had better communication to prevent a person with a history of neglect from adopting. It would be helpful to share this info with more agencies.
Comr. Katz – There are many cases where abuse or neglect are in doubt and hard to meet the burden of proof. Sharing those names could be problematic. It should be helpful as a screening tool.
Comr. Gerrie – Wonder who would be developing this database. Agenda item just says SF will. Would it be ACC or would a separate position be created? Should we recommend an option?
Comr. Katz – There is a cost to maintain a site for this. Sandra had suggested that costs be supported by abuse-conviction fees. Would be getting sponsors or donors?
If it is a database for people with charges brought against them maybe it would be through the DA’s office? It was rejected at the State level due to the cost involved with it.
Comr. Aldridge – Has ACC brought any legal challenges to someone trying to adopt?
Comr. Katz – There is no right to adopt but there is a right to refuse.
Comr. Russo – Are there other municipalities that have similar programs? If so, how effective are they in screening and database sharing?
Sandra Bernal – NYC is for convicted abusers only. Texas has also started a program but it isn’t completed yet.
Comr. Stephens – Has the one in Suffolk County NY had any challenges?
Sandra Bernal - They have had challenges for the right to privacy. The challenges claimed it could affect their ability to get a job. One reason it was passed was the connection for violence extending from animals to people.
Comr. Stephens – Who won those challenges? Or has it gone through the courts yet?
Sandra Bernal – Not sure.
Comr. Wayne – Have you considered regional connections? It is a short drive to San Mateo County to adopt animals there. Would coordinating the database with other Bay Area counties make it more affordable?
Sandra Bernal – A good idea. Concern is that it might get shut down right away to budget or privacy issues so better just to start in SF. Once it is up and stable then we could coordinate with other counties.
Comr. Russo – Do you have a cost assessment both human resources and financial?
Sandra Bernal – No it is still too early.
Comr. Brooks – When we make a recommendation to the Board it is helpful to have a cost assessment attached.
Comr. Katz – It is a clerical position with the City. So whatever the cost is with that. There is still the question of who would have access to it. What would be on the database and who would it be available to. Have received e-mails from counter parts at other shelters to be on the look out for so and so trying to adopt. There are several pieces to work out plus we would need advise from the City Attorney’s office as to how much info could be included.
Comr. Stephens – It sounds like those only accused would also be in the database.
A hateful neighbor might accuse a person of animal abuse and they would be on the list.
Comr. Katz – We have a process where we can seize an animal if we believe there has been mistreatment. Often no one is accused of mistreatment. Other times a person is suspected of animal abuse but doesn’t meet the threshold to convict. They go on the non-adopt list. There are ways to be removed from that list as well.
Comr. Gerrie – As to next steps, it seems premature to recommend something now. We need more information. Maybe looking to see how NY set their system up.
Comr. Katz – It would be good to visit Supervisors with some different scenarios. When a Supervisor wants to look into it further than he would request assistance from the City Attorney’s office.
Comr. Hemphill – If you go back 5 years, how many people would be in the database in convictions? How many not convicted?
Comr. Katz – Less than 50 people or, less than 10 convictions a year. Sometimes a conviction is not sought because the abused or neglected animal is held in detention for an extended period. A much more significant number although I don’t have an exact number right now. More than double the convictions.
Comr. Hemphill – How many years would you want to go back? Five years?
Comr. Katz – Yes.
Comr. Hemphill – It seems it could start off as a shared spread sheet that would not cost much money.
Comr. Aldridge – The Suffolk County law was passed in October of 2010. There is an automatic 6 month waiting period before it becomes law so it hasn’t become law yet. It would be worth looking into as a proven entity to cite as an example.
Comr. Brooks – Would the rescue groups be able to enter information? Or, would information just come from ACC and the database manager?
Comr. Katz – Yes, just ACC and the database manager. Others could read it but not add to it.
Comr. Denny – In the Vicious and Dangerous Dog Court, a remedy can me made prohibiting dog ownership for up to three years. This is entered into the records at ACC but no one else knows about it. Supports the database. A conviction now becomes part of the public record. Does a citation for an offence become part of the public record as well?
Comr. Katz – An arrest report is public record but you have to know what to ask for. You can’t just ask for a list of all arrest records. It’s not searchable.
Comr. Denny – Should make a list of what is bullet proof. Convictions are. Also people ordered not to own an animal for three years.
Comr. Katz – You are proposing a database with much more public access and not on a need-to-know basis. There are benefits to that as to problem breeders and others but is limited to what kind of cases.
Comr. Denny – The list can be very subjective as to what meets the criteria. It comes down to a person’s opinion and that can lead to trouble. It should start with just people with convictions and expand from there.
Comr. Hemphill – Is there protection against someone using a false identity?
Comr. Katz – We ask for driver’s license.
Comr. Stephens – As to next steps. Do you want us to endorse it as a good idea then take it around to Supervisors to see if anyone is interested? Do you want to do more research and come back to us for support?
Sandra Bernal – I would like to go back and do more research and make a stronger case.
Comr. Brooks – What would be helpful in making it more bulletproof is coming back to us with a clearer definition of what makes misconduct. That is a grey area where there has not been a conviction.
Sandra Bernal – Yes the City Attorney could help with that. Would like to hear thoughts from this Commission about what to bring to the Supervisors. Can give you more information to make the case stronger.
Comr. Russo – Support the concept. Would like to see it spread to other counties. Concerned that if the list is bulletproof, i.e., listing only those convicted, not sure if it would do much good as the number convicted is very low.
Comr. Stephens – Supports the concept as well.
5 A) Public Comment
Dr. Elliot Katz – President IDA – In favor of it. Ten States are proposing similar legislation. This is part of a growing awareness to value and protect companion animals by keeping people away that might harm or neglect them. Would like the public to have access to the list to be aware of abusers. Look at what other States have done for ideas on how to proceed.
Lisa Franzetta – Animal Legal Defense Fund – Based in Sonoma County. Have been working on a campaign for over a year to promote animal abuser registries through out the country. Helped pass the registry in Suffolk County NY. 16 States are considering some form of animal abuser registry. Have a website for this issue, exposeanimalabusers.org. Website has all current legislation as well as the history of legislation. The registry in Suffolk County is for convicted abusers only, both felony and misdemeanor offenses. The law requires shelters and pet stores to reference the registry to screen potential adopters. With convicted abusers there is no right to privacy so that is not a problem. A critical component of the registry is it is available to the public.
L-Danyielle Yacabucci – It is a great idea. Supports listing people not convicted such as hoarders. They don’t get that keeping cats in cages their whole life is wrong. Agencies should work together. Share information so animals are not killed.
Richard Fong – Concerned about racial profiling. Concerned about people not convicted being on the list. Not fully supportive of what is being proposed.
Jessica Cole – Supports a database. Has seen a lot of animals neglected and abused. The person accessing that information must have a need-to-know right. The manager of the database cannot be a drone. That person must have judgment. A bulletproof list would just have those convicted but that list would be very short. Need a database backed by findings of fact of abuse or neglect. Perhaps taking pictures. Maybe having a level one type of abuse or level two being more nebulous. Animal adoption is a privilege not a right.
Public comment closed
Comr. Stephens – Would Commissioners be willing to take the lead and work with Sandra.
Comr. Brooks – I would. I am hearing there is general support for this idea. There is a need for a little more research and details. We have also talked about how much research do we do before passing it on to City attorneys. We could come back in a month or so with a stronger proposal.
Comr. Hemphill – The ALDF would be a strong resource to make use of.
5 B) Discussion and possible action to send a Quarterly report of the Commission’s discussion and actions for the first quarter of 2011.
Comr. Stephens – Took the items in the draft report from the agenda of the first three months. Are there any comments, updates, changes?
Comr. Hemphill – Have some changes to the Western gulls at Pier 94. Change, “Many dead birds were found near a rendering plant on Pier 94” to, “Many dead birds were found on Pier 94”. Change, “ Speakers expressed concerns that the rendering plant was the cause of the deaths” to, “Speakers expressed concerns that the rendering plant was the cause of the oiled birds.” Change, …. “ prevent gulls from getting inside and being exposed to oil and aspergillosis.” To, ….. prevent gulls from getting inside and being exposed to oil.” Change …. “ William O’Brien….. did say that he thinks they have identified the source of the aspergillosis and is not the rendering plant . to, “William O’Brien….did say that they have identified sites to conduct testing to determine the source of the aspergillosis.” Change, “ That is why they’re often found near the pond.” To, “That is why dead birds are found near the pond.” Change, “ He is waiting for test results to confirm the source…” to, “ He is waiting for test experts and test equipment to confirm the source…”
Kelle Karmarcik – Starting visiting Pier 94 regularly in November 2010. Would like to include the data of dead and oiled birds for the entire time period. Would also suggest to put “the pond” in parenthesis because it not really a pond but a stagnant concrete pool.
Comr. Hemphill – Will pass on Kelle’s updated numbers when she sends them to me. They will be higher because it covers a longer period of time.
Comr. Gerrie – Would ask to change wording in item # 1. From, “ ….Oppose the Preferred alternative for a proposed new GGNRA Dog Management plan because the GGNRA did not consider negative impacts on dog behaviors” would change to, “consider possible negative impacts” since it is not proven. I would ask that “caused by the loss of so much off-leash space and by overcrowding in city parks as thousands of people with dogs are forced out of the GGNRA.” Be removed since it is prediction and speculation. I’m strongly against that. The next part of, “increase of possible surrenders to city shelters due to an increase in problem dog behaviors.” I don’t agree with that part but not as strongly. Had looked up the SF Dog website, that you are the president of, and learned that it had originally been founded to oppose off-leash restrictions at Ocean Beach. Its OK to oppose the DEIS but not to put in the speculations and predictions.
Comr. Stephens – Don’t think my association with SF Dog has any relevance. Off-leash is only part of what we do. We also encourage responsible dog ownership.
One word about the parts in bold is that this report will be looked by aides to the Supervisors and wanted to make it easier to read. Don’t have a problem with adding, “possible”.
Comr. Denny – During the tsunami warning someone went to Stern Grove with cameras when Ocean Beach and Fort Funston were closed. It is not speculation that there was an appreciable rise in dog use of that park that day.
Comr. Aldridge – The question is what language should we be reporting to the Board of what the discussions were and whether we did or didn’t believe in them. We should also report that the resolution was a 5 to 2 vote rather than unanimous.
Comr. Hemphill – What if, “…possible negative impacts on dog behavior and in parenthesis, “loss of off-leash space of possible impacts of over-crowding.” We don’t know what numbers of people might use City parks.
Comr. Katz – “The loss of off-leash space will lead to the potential for over-crowding.”?
No Public comment
Comr. Aldridge – Makes a motion to send the Quarterly report to the Supervisors with edits and corrections.
Seconded by Comr. Gerrie.
Motion passes unanimously.
5 C) Discussion and possible action for the Commission to take part in SFGovTV’s new Meetings on Demand service, which will allow audio recordings of Commission meetings to be available online at sfgov.org.
Comr. Stephens – It is a great idea. More people with easy access to audio recordings the better. The concern is the cost once the start up period is over. How would we pay for it? It would also require the secretary, or another Commissioner, going to a training meeting. Several trainings are scheduled in the next couple of weeks. The main cost is the new digital recorder. Main question is if we want to do it and who wants to go to the training class?
Comr. Katz – Does the secretary post the recordings onto the website?
Comr. Stephens – Any of us could. Wouldn’t have to be the secretary.
Comr. Katz – Do you have access to input that the recordings into our City system?
Comr. Stephens – Not sure. This would involve setting up a new section on our website. When I called, I told them we did not have a budget nor a staff. She said that would not be a problem. One person would just have a password. Not sure of all the details.
Comr Hemphill – Someone would need to break it down when listening to it to mark the various agenda items so one could just listen to one item. Would we still have written Minutes?
Comr. Stephens - Yes we are required to have written Minutes.
Comr. Hemphill –Could they be shorter?
Comr. Stephens – Philip’s Minutes are very useful for Commissioners that miss a meeting and for the public. His Minutes go way beyond what is required which only requires what was talked about. Compared with other meetings Minutes, there is no way to know what happened from other meeting’s Minutes. The idea behind this is to make the meetings more accessible to the public.
Comr. Hemphill – Would it be possible to find out what the chores would be and the money issue?
Comr. Stephens – It would be a year or two before the grant money wears out. Does a Commissioner want to take the lead and find out more and answer some of these questions and take the training?
Comr. Gerrie – Currently I get one request every other month for an audio tape. In my experience with audio tapes is that is much easier to just read what was said versus listening to it. In our Commission, don’t think this service would be used by the public. It wouldn’t be helpful.
Comr. Aldridge – The current secretary will not be doing the detailed Minutes indefinitely. Perhaps a combination of shorter Minutes and digital audio tape would be a benefit. When the money runs out maybe this could be a lever to get a small operating budget.
Comr. Brooks – Do we have to accept this offer by a certain date?
Comr. Stephens – The training classes are in the next couple of weeks. They don’t actually set the part of our website up until after the training class. Maybe whoever goes to the training class will realize it is not worth the effort then we wouldn’t have to do it.
Comr. Hemphill – How long is the training class?
Comr. Stephens – Two to three hours. Will be taking a mandatory class next week on managing appointments information for the Commission. The digital audio is not mandatory. Does anyone want to go to the training or talk to the Dept. of Technology to find out more info?
Comr. Brooks – That person should definitely be someone who will be staying on the Commission. Four of us are termed out soon and may not be reappointed.
Comr. Aldridge – Whoever is trained could train the new person.
Comr. Stephens – If we needed help training a new person the Dept of Technology could set aside some time to train. Will send around the training times.
Comr. Gerrie – On another training subject, what about the Sunshine trainings? It was supposed to be every two years. There hasn’t been a Sunshine training in three years.
Comr. Stephens – It might have been cut due to the budget.
Public comment
L-Danyielle Yacabucci – Supports the program offered. It would make the Commission more meaningful and have more clout to be able to see the Meetings on tape.
Public comment closed
Comr. Gerrie – My understanding is this is only audio. I am unclear on how we would have more clout with audio.
6. General Public Comment
Kelle Karmarcik – Happy to report there has been a steep decline of dead and dying gulls at Pier 94. The scientists doing the air samplings are still waiting on funding. They are sure it will get funded. The air sampling will extend over 8 months to establish controls. This is the gull’s breeding season and they change their eating habits when they are breeding. They eat more fish than trash. That could be an obvious reason why the gull numbers are declining – not being exposed to the Aspergillosis spores.
Comr. Brooks – Is there a way to compare those numbers with the same time last year? Was there a similar drop?
Kelle Karmarcik – No, because there was not the consistent monitoring that I’ve been doing last year.
Comr. Gerrie – Drove by Darling yesterday and noticed a lot of sea gulls hanging out there. Are they always out there in those numbers?
Kelle Karmarcik – Yes and no. When they are trucks are on the lot, that is when the birds are there.
Public comment closed
7 & 8 Calendar items and task allotments
Comr. Stephens – Will send out info on recording training classes. Andrea will work on the abuse registry.
Comr. Katz – ACC has a lot of rats available. Dealt with a hoarder situation so we have over 100 rats that need homes.
No public comment
9. Adjournment 7:33PM
Respectfully submitted by Philip Gerrie
Commission Secretary
