[SAMPLE LETTER TO THE BOARD OF ANIMAL SERVICES COMMISSIONERS]
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To: Commissioners
"Tariq Khero" <tariqkhero@gmail.com>, "Kathy Riordan" <ninekitties@aol.com>, "Archie Quincey" , "Irene Ponce" <ireneponce@earthlink.net>, "Ruthanne Secunda" <secundar@unitedtalent.com>,
CC: Department of Animal Services
"Ed Boks" Boks@lacity.org>,, "Council President Eric Garcetti" Garcetti@lacity.org>, " Councilmember Richard Alarcon" <councilmember.alarcon@lacity.org>, "Councilmember Dennis Zine" lacity.org>, "Councimember Tony Cardenas" <cardenas@council.lacity.org>, "Councimember Jack Weiss" <weiss@lacity.org>,"Councimember Wendy Gruel" <greuel@lacity.org>,Board of Animal Services Commissioners
City of Los Angeles
221 N. Figueroa St. 5th Floor
Los Angeles CA 90026
Dear Commissioners,
At the April 14, 2009 meeting of your Board, Commissioner Archie J. Quincey introduced the following motion:
“I would like to make a motion that the Commission overturn Mr. Stuckey’s decision
on the Stu case based on an unfair hearing. Errors were made in the records of Stu
and the evidence must be considered in the case. The two small pieces of Maeve’s
record are material to Stu’s case and should be included therein.
I therefore move that the Board direct the City Attorney to withdraw opposition to the appeal.
I further move that the City Attorney send a letter to the Court of Appeals asking them to send
the case back to Superior Court and direct the court to issue a Writ of Mandate for
Stu’s decision to be set aside based on due process considerations".
Yet, the motion has not been placed on any agenda and has not been acted on by your Board. Six weeks later, at the May 26, 2009 meeting of your Board, Commissioner Irene Ponce requested that the motion be placed on the very next agenda for a vote by the Board. That vote would have taken place on June 8, 2009. At the last minute on Friday June 5, 2009 this meeting was cancelled without explanation.
We are not fooled, Commissioners. We suspect that you did not cancel this meeting. So why was it cancelled and by whom?
For too long, this Board has been controlled by a dishonest and corrupt General Manager. Ed Boks was forced to resign because he betrayed the trust of the City, its citizens and its animals. Two prominent lawsuits, on two coasts, showed that he was not only inept, but that he abused his position and power by discriminating against an employee based on race in New York City; and that he wrongfully terminated a female employee/volunteer who sued for sexual harassment. This last case cost the taxpayers of Los Angeles a $130,000 settlement which was recently approved by City Council. This is not how I want my tax dollars and the resources of my City Attorney's office used.
Now, even as Ed Boks slowly backs out the door and continues to collect a huge salary paid from my taxes, you are allowing the mismanagement and interference with your Board to continue. I will not stand by silently and allow this to happen.
While I appreciate the recent efforts this Board has made to correct is lax and unlawful practice of failing to hold meetings, the cancellation of the June 8, 2009 meeting of your Board is a despicable act. I am well aware of the case involving Jeff de la Rosa's dog, Stu; and that your Board desires to have jurisdiction of this case returned to you so that a fair and just decision can be made which will result in Stu being allowed to return to his loving home after 4 years of horrible imprisonment. I am also aware that your Board has opened discussions with Mr. de la Rosa in order to achieve an out of court settlement of this issue and a soon to be filed lawsuit against Mr Boks and other Department employees, as well as the City of Los Angeles. I am aware that your Board was to address and act on Stu's case at the meeting scheduled for June 8, 2009. We in the animal community are not stupid; and we see, very clearly, what is happening and how your Board is being manipulated in order to prolong and continue the persecution of this poor dog Stu and his owner. I do not want my tax dollars spent defending the vengeful actions of the Department of Animal Services and the City Attorneys which wrongfully condemned an innocent dog named Stu and turned the life of a citizen, Jeff de la Rosa, upside down for the last 4 years.
I believe that Mr. Boks, various City Attorneys, Asst. General Manager Linda . Barth, and Mr. Ross Pool are actively blocking an equitable and fair settlement of this issue. This is wrong. You have proposed settlement but are now permitting that settlement to be blocked by those who seek to continue to corrupt the work of the Board.
I believe that these people caused the cancellation of this meeting in order to silence the Board and keep them from taking action on Stu's case.
I want this to stop. Now.
I am appalled that your Board allows itself to be manipulated by the very staff and Department which is, by law, under your control.
Please adhere to the law, search your consciences and immediately schedule a Special Meeting to take place without delay and well prior to the June 18, 2009 hearing in the Court of Appeals regarding Stu's appeal. Please do the work of the animals and the people of the City of Los Angeles and take your position on the Board of Commissioners as an assignment of the public trust. We will not
stand by and allow this injustice to continue.
Please include me on a list of people who will be notified of the immediate scheduling of a special meeting, at which Commissioner Quincey's motion regarding Mr. de la Rosa and his dog Stu may be heard, seconded and passed.
You must end this horrible tragic miscarriage of justice now. Please take meaningful action now.
Sincerely,
[YOUR NAME] DELETE THIS FROM YOUR LETTER/EMAIL
According to de la Rosa, three weeks after the incident, without warning, he was served with a lawsuit. Ten days later he came home to find Stu missing from a locked outdoor kennel, and the gate on his fence pried open from the outside. He received a call from Animal Services that Stu had been "found and brought in by an unidentified private citizen." When de la Rosa arrived to retrieve his dog, Animal Services staff told him they had just received a bite report, one month after the incident, and they refused to release Stu.
The assistant, by that time represented by a law firm specializing in wresting large dog-bite settlements from homeowners' insurance carriers, now claimed that Stu had "dragged her back and forth across the floor." De la Rosa says she was seeking six million dollars in damages.
Stu with former Animal Services Board Commissioner Marie Atake. Atake famously resigned in 2007, frustrated in her attempts to increase Department integrity and professionalism
Following LAAS policy, a hearing was held to determine whether Stu had a history of aggression and whether he was likely to bite again if released. While the Hearing Examiner found that Stu had caused an injury, he felt it was sufficient to revoke the dog's license, which would have given de la Rosa the opportunity to find a place for Stu outside City limits, or to move. It was a verdict that would have given Stu back his life.
But that's when Animal Services Departmental policy went off the rails. Although LAAS policy was, and is, that the Hearing Examiner's recommendations determine the outcome, a Department captain apparently unrelated to the matter, a Captain Helen Brakemeier, interceded, telling then-General Manager Guerdon Stuckey in a memo that, "After reviewing the [Hearing Examiner's] report and all of the exhibits, I disagree with [his] recommendation and think that the dog should be deemed dangerous." Nowhere in the memo does Brakemeier indicate that she has personally met or evaluated the dog, nor what if any authority she has to overrule the hearing officer's verdict. Nevertheless, Stuckey concurred with Brakemeier, allegedly without even reading the report. His decision to deem Stu a "dangerous dog" was a sentence of death.
Animal Services Commissioner Kathy Riordan told me, "That's the first time I'd ever seen a General Manager increase the penalty [for an animal]." Within days, Stuckey was fired as General Manager by Mayor Villaraigosa, ironically, according to the L.A. Times, for failing to reduce shelter killing. De la Rosa says he was never informed about the role Brakemeier had played in condemning Stu. Her seemingly irregular participation in the process of determining the dog's fate came to light only after de la Rosa requested all documents related to the case in the wake of the unexpected LAAS verdict that Stu was too dangerous to live.
Since then Stu has been held by the City, or in City-designated facilities, and de la Rosa has been fighting to save his dog's life. Respected dog behaviorists, including Dr. Richard Polsky, who in 1987 helped formulate the City standards for assessing dangerous dogs; and Bobby Dorofshar of New Leash on Life, who has also worked with the City and been a member of the Spay/Neuter Advisory Committee, have stated that Stu is not aggressive toward humans. Their opinions are based on behavioral evaluations, assessments of his behavior prior to the incident, and an understanding of the ways the victim's actions towards Stu when he was injured may have unintentionally provoked the bites. In Dorofshar's case, he has voluntarily housed Stu at his own facility and has had the opportunity to get to know Stu over many months.
Nevertheless, Animal Services and the City Attorney's office have refused to budge, continuing to insist that the now-elderly Stu must die. Arguments in the Court of Appeals are scheduled for June 18th.
Stu, on the day he was impounded by L.A. Animal Services
Ironically, de la Rosa's fight to ensure humane treatment for his dog while in custody, and to save Stu's life, may have made his battle tougher. Allegations of a pattern of retaliatory behavior on the part of Animal Services management towards critics have surfaced repeatedly in the humane/rescue community over the years. In the days prior to the forced resignation of the most recent General Manager, Ed Boks, the City Council rebuked him publicly for blogging against his critics, including de la Rosa, on City time.
Even the Animal Services Commission, which was instituted as a supervisory body to the Animal Services Department, has fought for mercy for Stu. Commissioner Archie Quincey, who boasts a thirty-year career in L.A. County animal control, authored a motion that directs the City Attorney to drop his opposition to de la Rosa's appeal. Quincey wants the case returned to the Superior Court and wants that court to set aside Stu’s sentence based on evidence that the dog was denied due process. However, in subsequent meetings Commissioner Quincey's motion has not appeared on the agenda. Then, without warning or explanation, the June 8th meeting, the last scheduled before Stu’s Appeals Court arguments, was cancelled.
This points out another puzzling aspect of this story: the fact that even though the Animal Services Commission has a supervisory role over the Animal Services Department, it's unclear who determines the agenda for Commission meetings. Although nominally the Board President sets the agenda, in the minutes for the April 14th meeting, after Commissioner Quincey introduced his motion to free Stu, it was Department Assistant General Manager Linda Barth, not Board President Tariq Khero, who tells the Commission that, "the item is already agendized for the next meeting." Reached for comment, Barth stated that the Board President sets the agenda. She said the matter was subsequently discussed in closed session, but it was unclear if she meant specifically Commissioner Quincey's motion or Stu's case in general. She referred further questions to the City Attorney's office. A call to Deputy City Attorney Todd Leung, who has spearheaded the City's case against Stu, was not returned. Nor was a call to Board President Tariq Khero, and a call and email to incoming City Attorney Carmen Trutanich, who takes office July 1st.
[June 18th: Interestingly, although Assistant General Manager Linda Barth referred all further inquiries to the City Attorney's office, when I called the City Attorney's office today they were referring calls back to L.A. Animal Services.]
The next Commission meeting is scheduled for June 22. When asked if the motion would be discussed, Commissioner Quincey said, "If it's not on the agenda, I'm going to raise hell." He said, "I think it's gone too far. I have a lot of Animal Control experience. I saw the pictures [of the human victim's injuries], there were a couple of small puncture wounds -- and the dog was injured when it happened. On that one bite Stu gets the ultimate penalty? That's like getting the electric chair for a misdemeanor!"
When asked what he thought would be a just outcome, Quincey said, "I think Stu should go home."
If you would like to register your opinion on Stu's fate, you can contact the City Attorney's office at: (213) 978-8100
(end of repost)
If you would like to urge Carmen Trutanich to take immediate action to stop this madness as soon as he takes office on July 1, write, call and fax him at:
180 East Ocean Boulevard