REQUEST FOR PUBLIC RECORDS ON ENFORCEMENT ACTIVITY

Brenda Barnette

Ross Pool

Linda Barth

REQUEST FOR PUBLIC RECORDS

Los Angeles Animal Services

September 27, 2010

INTRODUCTION:

On August 21, 2009 I submitted a RPR regarding, among other things, the number of field visits made by Animal Services and ACTF regarding enforcement and inspection of allegations that a residents had too many cats.

I waited 47 days for a response and was told by Linda Barth that the department (LAAS) did not have such records. I was advised that I could come in and inspect the field activity records of specified ACTs if I wanted at the West Valley shelter.

It has long been my opinion that AS and ACTF specializes in enforcing the kennel laws mainly because they are easy to enforce, and build statistics. Officer Muniz on the ACTF also admitted to me in a phone conversation that people with too many cats, or people who feed colonies of cats are the Task Force’s biggest problem. Again, this is because it is an easy statue to enforce, and much easier than stopping animal cruelty.

In fact, given the recession-undermined budget and manpower of the dept., it seems to me it is ridiculous to devote much manpower to investigating kennel violations.

In March, someone called the ACTF alleging I was feeding sick and dying feral cats in my back yard. I was not. The complaint was passed onto AS, and two officers came out. The first posted my door that they had arrived, and then Officer Julian came and inspected my property finding no humane or kennel violations as per an email from Kathy Davis. Privately Kathy Davis suspected it was my new fireman neighbor who was looking to flip the house next door. Despite my complaint, no research was done to find out who made the anonymous complaint.

Yesterday I was informed of a neighbor a few blocks away who was visited by Officer Julien and a Notice to Comply was left on his door by Officer Julien alleging an animal cruelty complaint to his dog, as well as alleging that he was feeding 10 feral cats on his property. Mr. Marcos had a poor command of English and was terrified at what was happening to him.

It appears the complaint comes from two people who rent rooms from him whom he is evicting for failure to pay rent. Mr. Marcos pays his mortgage from these rentals. They are the alleged complainants, seeking revenge.

Yet when another neighbor (Kim Mixon) of Mr. Marcos called the West LA shelter and talked to a woman there about Mr. Marcos, she said she was addressed rudely and told it is illegal to feed feral cats.

Several weeks ago I sent you an email alleging that the department was selectively enforcing the kennel law as witnessed on Ledwell Ave. where nearly 100 cats live, many sick and many kittens. I was told at thaqt time the department did not have the manpower to prove that those animals belonged to that resident. That is, the 30 day sustenance/ownership provision of the CA P.C., was not enforced in this case due to lack of manpower. Yet, it is being enforced in this case?

CONCLUSION:

Altogether too much time and limited resources are being utilized by LAAS following up on false allegations of animal cruelty or neglect, AND alleged kennel limit violations.

Therefore I am submitting a second RPR regarding field activities of LAAS falling into four categories:

1.     How many investigations of animal abuse or neglect were conducted during 2008, 2009, and the first 6 months of 2010 that were found to be unfounded; that is, no situations of abuse were found upon investigation.

2.     How many notices to comply were issued regarding feeding feral cats in 2008, 2009, and the first 6 months of 2010?

3.     How many notices to comply were issued regarding a person having too many cats or dogs in 2008, 2009, and the first 6 months of 2010?

4.     How many total field investigations for any reason were carried out in 2008, 2009 and the first six months of 2010?

THE REQUEST:

This request is being made subject to the California Public Records Act: Government Code §6250-6268.  Under this statute you have 10 calendar days from the date of receipt of this request to respond as to whether you will release the records requested as detailed below. It is preferred your response be made in writing to either the street address or email above.

During a conversation with officer Muniz of the ACTF about a year ago, he made the statement that people with too many cats or people that fed large feral colonies with the Task Force’s “biggest problem.” He stated, “How would you like to live next door to someone with too many cats, coming into your yard….?”

It seems that he considers neighbor dispute and nuisance resolution the ACTF’s biggest problem. I wonder, if in fact, the ACTF is spending far too much time “busting” people violating the Kennel law, because it is easy to find them due to neighbor complaints, as opposed to investigating complaints of cats being poisoned, or animal abuse.

For that reason, I am requesting the following public records:

Information Requested

1.     How many investigations of animal abuse or neglect were conducted during 2008, 2009, and the first 6 months of 2010 that were found to be unfounded; that is, no situations of abuse were found upon investigation.

2.     How many notices to comply were issued regarding feeding feral cats in 2008, 2009, and the first 6 months of 2010?

3.     How many notices to comply were issued regarding a person having too many cats or dogs in 2008, 2009, and the first 6 months of 2010?

4.     How many total field investigations for any reason were carried out in 2008, 2009 and the first six months of 2010?

I cannot believe that the department has not tabulated these statistics as Linda Barth alleged last year in response to my RPR last August. However, if it is not true gthat the department does not keep summarizing statistics of its own activities, as incredible as that would be, then I request copies of all the relevant notices to comply cited above for 2008, 2009, and the first 6 months of 2010. I am not talking about just the West Valley shelter, but all investigations throughout Los Angeles.

It is my belief that an overwhelming waste is occurring of LAAS manpower and budget resources following up false complaints, harassing feral cat feeders, or enforcing the kennel laws.

Form of Information Requested

The requested information should be provided as an standard wordprocessing file, PDF file, Tiff file, JPEG file, and can be electronically transferred to the email address shown below. Should there be file size limitations on what you are permitted to send outside of your internal network, please contact me so that other arrangements for data transfer can be made. In lieu of electronic conveyance, please supply a hardcopy of the requested documents.

Denial and Redaction

Should you choose to deny this request, as required by law, please indicate the exact reason for denial and the person and title of the person who made such decision. Should information be redacted from the files, statute requires that you list for EACH record the reason for redaction and type of information redacted.

Fees

I am willing to pay reasonable copying fees, as defined under law, not to exceed $25.00.  Should fees run higher, please contact me.

Should you have any questions regarding this request, please contact me immediately.

Sincerely,

Edward Muzika, Ph.D.