MAYOR & ANIMAL CONTROL DIRECTORS
SUED OVER CONFLICTS OF INTEREST
Health Commissioner Accused of Double Dealing
June 1, 2006 -- A watchdog group that has followed the City’s animal management policies for a decade has filed a lawsuit to remove the Mayor and three other city officials, including the Health Commissioner, from controlling the board of directors of the nonprofit corporation that the City contracts to operate the animal shelters and perform animal control duties.
Animal Care & Control of NYC Inc. (AC&C) was formed by the Giuliani Administration in 1994 to replace the ASPCA which relinquished the municipal animal control contract after 100 years (1894-1994). Although AC&C was formed as a 501(c)(3) not-for-profit corporation, its critics claim that it operates as a city agency, with the Mayor appointing its board members along with three City commissioners as permanent members.
“This arrangement is fraught with conflicts of interest and loyalties, and ultimately it’s the animals who suffer as a result,” says Marie Mar, an attorney and co-chair of the Shelter Reform Action Committee (SRAC), which is the plaintiff in the lawsuit against the City and AC&C.
“New York City underfunds the animal management contract by providing less than half of what is recommended by humane professionals,” said Gary Kaskel, SRAC’s other co-chair. “The City of Los Angeles spent $15 million last year when we spent only $7.2 million.” Kaskel adds.
ACC’s annual budget allocation is a line-item on the Department of Health & Mental Hygiene’s budget and the contract renewal is not subject to City Council approval. “The chronic underfunding is allowed to happen because the NYC Health Department sits on both sides of the bargaining table at contract time with no oversight or accountability,” complains Kaskel. “There’s no money for proper vet care or medications or paying living wages for staff. It’s the animals who ultimately suffer,” says Kaskel.
ACC’s current contract expires at the end of June and the lawsuit seeks to invalidate such contract, order a “fee for services” contract be awarded at proper funding levels, and remove the current board and the Mayor’s right to appoint its members.
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