[PAGE 1] ANIMAL CONTROL CITIZEN ADVISORY BOARD MEETING MINUTES September 16, 2020 - 6:00 PM City Council Chambers 400 East Military, Fremont NE MEETING CALLED TO ORDER. The meeting of the Animal Control Citizen Advisory Board was called to order and it was stated that a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. ROLL CALL. Roll call showed members Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart present. Absent was Eaton. A. Approve August 12, 2020 minutes. Moved by Kracl seconded by Shanahan with correction to #4 showing that Amanda Comstock was not present and did not speak. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. B. Roll Call C. Request to ask chief of police to clarify the procedures and understandings they have with DCHS on the handling of abused/neglected dogs and animal’s at large tickets/reports and response. No action was taken. D. Request for items 1. Exhibit B federal immigration verification system-where is a copy of the certificate? Moved by Kempenar seconded by Homan for the Chairperson to submit request to receive e-verify certificate. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. 2. Number 16 code provisions 3. Item B make such records and accounts available for audit purposes to the financial director or any other authorized city representative at any time. Action on these two items were combined. Moved by Kempenar seconded by Platt to request whether the City has conducted an audit of the Dodge County Humane Society. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. 4. Copy of policies and standard operating procedures in accordance with city and state ordinances and contracts that are binding with DCHS 5. Does DCHS have a vet tech on staff [PAGE 2] 6. DCHS compliance with city code and state law as part of the “required” terms and conditions of the animal control contract. 7. Records of spay/ neuters done for the last 2 years 8. Last 2 years of micro chipping records. Action on these five items were combined. Moved by Homan seconded by Kempenar for the Chairperson to submit request to receive information on items #1 and 4-8. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. E. Subcommittees 1. Complaints/concerns and emails A. No subcommittee report filed by agenda time B. Requested placed on agenda for emails between Martha Niday, Jamie Parsons, Austin Zimmerman and Tamar Reed. Item was removed from agenda. C. Email and adoption contract concerning Bessie the dog. Moved by Kempenar seconded by Homan to request that the City Council Request information regarding Bessie the dog and her records. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. 2. Contract review committee A. Report submitted of contract findings from our two meetings. Motion by Shanahan seconded by Pence to report no violation of Section 1a of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. Motion by Shanahan seconded by Pence to report no violation of Section 1a of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. B. Motion by Kracl seconded by Stewart to report no violation of Section 1b of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. C. Motion by Kracl seconded by Pence to report no violation of Section 1c of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan. Motion carried. D. Motion by Kracl seconded by Kempenar to report violation of Section 1d of the contract. Voting Yea: Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Platt and Homan. Motion carried. E. Motion by Kracl seconded by Pence to accept the recommendations for Section 1e of the contract. Voting Yea: Platt, Pence, Kracl, Shanahan, and Stewart. Nay: Kempenar & Homan. Motion carried. F. Motion by Kracl seconded by Stewart to accept the recommendations for Section 1f of the contract. Voting Yea: Kempenar, Pence, Kracl, Shanahan, and Stewart. Motion carried. Nays: Homan & Platt. Motion carried. G. Motion by Kracl seconded by Pence to report no violation of Section 1g of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan. Motion carried. [PAGE 3] H. Motion by Kracl seconded by Shanahan to accept the recommendation for Section 2a of the contract. Voting Yea: Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan & Platt. Motion carried. I. Motion by Kracl seconded by Pence to report no violation of Section 2b of the contract. Voting Yea: Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan and Platt. Motion carried. J. Motion by Homan seconded by Kempenar to accept the recommendation for Section 2c and add opossum email issue to recommendation of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan, and Stewart. Motion carried. K. Motion by Kracl seconded by Platt to accept the recommendation for Section 2d of the contract. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan. Motion carried. L. Motion by Kracl seconded by Pence to accept the recommendation for Section 2e of the contract and the Chairman will request additional information on how DCHS responded to the flood of 2019, and how they plan to respond in the future. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan and Stewart. Motion carried. M. Motion by Kracl seconded by Pence to accept the recommendation for Section Section 2f and recommend that the City review each of the line items. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, and Stewart. Nay: Homan. Motion carried. F. A motion to dissolve DCHS advisory committee and turn report over to the council of our findings. Motion by Kracl seconded by Pence to accept dissolving and end the Animal Control Citizen Advisory Board Committee. Voting Yea: Shanahan, Pence, Stewart, Kracl. Nays: Homan, Platt, Kempenar. Motion carried. ADJOURNMENT. Motion made by Shanahan, seconded by Platt to adjourn ; time 7:33. Voting Yea: Platt, Kempenar, Pence, Kracl, Shanahan, Homan and Stewart. Motion carried. APPROVED AND ACCEPTED AS THE OFFICIAL COPY OF THE FREMONT, NEBRASKA REGULAR ANIMAL CONTROL CITIZEN ADVISORY BOARD FOR SEPTEMBER 16, 2020. Chairperson Secretary [PAGE 4] To: Fremont City Council From: Dodge County Humane Society (DCHS) Animal Control Citizens Advisory Board Subject: Possible contract violations The DCHS Animal Control Citizens Advisory Board voted 4 to 3 to dissolve the Board and submit its findings to the City Council. Section in the contract-1-Dutites of the City a), To cooperate Group does not see No further follow up DCHS with DCHS and to any violations needed Advisory furnish the Board voted services of the 7 to 0 to City Police recommend Department, approval on whenever, in the 9/16/2020 sole determination No violation of the City, it shall be necessary to aid in the enforcement and administration of the City ordinances under the Fremont Municipal Code. b), To assist DCHS Group does not see No further follow up DCHS with animal license any violations needed Advisory requirements and Board voted compliance. 7 to 0 to recommend approval on 9/16/2020 No violation c), To pay DCHS the Group does not see No further follow up DCHS compensation set any violations needed Advisory forth in paragraph 4 Board voted hereof. 6 to 1 to recommend approval on 9/16/2020 No violation d), To review We believe this is Items for further review DCHS and monitor all in violation. and of potential concern. Advisory the activities 1. Tickets of animals Board voted and functions at large- are they 5 to 2 to of the DCHS being done? Chief recommend relating to this approval on [PAGE 5] Contract of Police reported 9/16/2020 only one. Violation 2. Accountability of budget submission/review 3. Ensure Addendum A of the contract is being followed 4. Ensure animals- at-large are reported to police department and city oversight of roles and responsibilities e), To prescribe Unclear what has We recommend the city DCHS accounting systems been subscribed, but implement a reporting Advisory for records and more specific format system and accountability Board voted accounts. is needed be assigned to a staff and 5 to 2 to reports required recommend (annually, quarterly or approval on monthly) to avoid future 9/16/2020 concern. No violation Unclear if ever been The need to be clear on DCHS f), To require asked for or expectations and what Advisory progress submitted requirements, frequency Board voted reports, and who will be reviewing 5 to 2 to including an them and reporting back recommend annual Contract is recommended approval on Completion 9/16/2020 Report, of the No violation activities and functions of the DCHS. g), To be Group current does No further follow up DCHS responsible for and not see any needed Advisory issue press violations Board voted releases regarding 6 to 1 to any interruption in recommend Services. approval on 9/16/2020 No violation Section in the contract-2-Duties of DCHS [PAGE 6] a), To furnish a Group strongly A new monthly report is DCHS Advisory monthly report of its encourages a new recommended to Board vote 5 to 2 activities to the Chief of monthly report. The include: to recommend a Police of the City of current report is hand 1. Number in violation of the Fremont. This report written numbers and shelter beginning contract on will include “Tracking” the monthly report of the month 9/16/2020 stats in regards to the never matched the 2. Number of Violation number of animals computer printout. animals adopted entering and exiting This would avoid 3. Number of the facility, some confusion and animals found at euthanasia’s and allow for more large and were reason for the action accuracy and police notified including “intakes and accountability from 4. Number of dispositions” as well as DCHS to provide to animals returned micro chipping records. the city per the home and contract tickets given 5. Number of We believe this is in animals seen by violation licensed veterinarian 6. Number of animals put down 7. Number of animals sent to rescue, community partners or foster homes 8. Number in shelter at the end of the month 9. Any concerns the city should be aware of and noted 10. Report signed off by DCHS Board Chair, approved at the board meeting and sent to the City. b), To issue Group current does No further follow up DCHS Advisory licenses required not see any needed Board voted 5 to and to enforce violations 2 to recommend and carry out all no violation of the licensing [PAGE 7] requirements contract on relating to animals 9/16/2020 under the No violation Fremont Municipal Code. c), To act as pound We believe there are Legal counsel would DCHS advisory master and to carry out some concerns in this advise Board voted 7 to the duties provided area that should be 0 to recommend under the Fremont reviewed by legal violation of the Municipal Code, or as counsel. Many contract on hereafter amended, complaints. This is in 7/0 on 9/16/2020 and, within its authority, violation. Violation to enforce all laws, City ordinances, and rules and regulations of the City of Fremont and the State of Nebraska, relating to the control of animals, both domestic and wild, except animals considered vermin such as rats or mice, within the city limits and to utilize the assistance of the Fremont Police Department in the enforcement of the above laws. d), To furnish the We believe this is in We also recommend DCHS Advisory services of a shelter, violation the City use legal Board voted 7 to shelter director, and counsel to provide 0 to recommend staff to enforce and assistance and a violation of the administer the reference letter from contract on provisions of the Chief of Police asking to 9/16/2020 Fremont Municipal go on calls with DCHS. Violation Code and Chapter 28, Article 10 of the Statutes of Nebraska. e), To be the lead Group would like to No further follow up DCHS Advisory agency for animal ask for clarification of needed Board voted 7 to control services in the role they played 0 to recommend disaster situations. during the flood. that this line item to be placed on the request for [PAGE 8] additional information from DCHS on 9/16/2020 f), To We believe this is in At this time, we DCHS Advisory furnish the violation recommend the City Board voted 6 to services as compare this line item 1 to recommend identified on with exhibit A. violation of the Exhibit “A” We believe violations contract on hereto and exhibit A is not being 9/16/2020 incorporated followed. Violation herein by reference (the “Services”). Exhibit A- 8-We feel DCHS needs to follow this request and the City should hold them accountable. We believe Exhibit A is not being followed and is in violation. Knowing you are in a contract and contracts cannot just be stopped, the subcommittee has made some recommendations. We recommend the City Council to ask DCHS to do the following to improve performance; 1. DCHS retain a consultant to review the operations and leadership at DCHS. Evaluate strengths, gaps and develop a plan to meet the concerns of the community. This consultant could assist them in staff leadership duties and board roles and responsibilities. This consultant should also address the org chart, a plan to address concerns and complaints; as well as possibly additional training needed for staff on conflict resolution. 2. DCHS to create a communication committee from Board members and community representatives. 3. City and DCHS should review and make addendums to the current contract to enhance services for animals as numbers seem to decline and lack of support as well as community concerns. The community trust and system appear to be broken. 4. DCHS and City improve social media that will enhance adoption and dogs at large to be found by owners • This report sent to the subcommittee on 9/8/2020 • Changes to be made by 9/11/202 for submission and approval for the 9/16/2020 meeting • Included with items at September 16, 2020 meeting • DCHS Advisory Board vote on 9/16 as a board per line item on 9/16/2020 • DCHS Advisory Board was approved in April 2020 with the following members: Danielle Platt, Tricia Homan, Quinn Eaton, Julie Kempenar, Roxie Kracl, Becky Pence, Janet Stewart and Shawn Shanahan. The Advisory Board met on the [PAGE 9] following dates: May 20, 2020, July 16, 2020, July 29, 2020, August 20, 2020 and September 16, 2020