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Gimme Shelter and a Pound of Advice <br />SUMMARY <br />Orange County Animal Care has been a source of public concern since the 1990s, with <br />no less than five previous Orange County Grand Jury reports detailing troubling <br />conditions. The previous reports cited excessive euthanasia rates, poor leadership, <br />inadequate numbers of animal care attendants, a lack of cooperation between staff <br />departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper <br />assessment of animals chosen for euthanasia, and low morale negatively impacting <br />operation of the shelter. <br />Recent public outcry citing conditions at the shelter, recent litigation, and publicly <br />circulated petitions calling for changes at the shelter suggest the previously expressed <br />concerns remain. In addition to these publicly voiced concerns, the current Orange <br />County Grand Jury received direct complaints requesting an inquiry. The Grand Jury <br />- - determined a renewed investigation was warranted. The investigation focused on three <br />major areas of concern: the management of the shelter, the welfare of animals under <br />shelter care, and the communication and engagement with the public and the animal <br />rescue community. <br />A particular concern of the Grand Jury was the shelter's termination of its Trap, Neuter, <br />and Return (TNR) program for community cats. In early 2020, the shelter decided to <br />stop its TNR program. The Grand Jury's investigation determined that termination of the <br />TNR program had detrimental consequences for the welfare of the animals under the <br />shelter's care. <br />The elimination of the TNR program also has contributed to substantial public <br />-__ - dissatisfaction and alienation that undermines the public's and the rescue community's <br />relations with shelter leadership. <br />During the Grand Jury's investigation, it was reported by the shelter's senior <br />management that the termination of the TNR program resulted from an opinion <br />rendered by the County's legal counsel. Understanding the reason leading to the <br />decision to terminate the TNR program would be important for considering whether the <br />- --- program can and/or should be reinstated. Toward that end, the Grand Jury endeavored <br />- to obtain a copy ofthe opinion of the County's legal counsel by directing a written <br />— - - request to the Chair of the Orange County Board of Supervisors. While the Grand Jury <br />recognizes that the opinion may enjoy confidentiality pursuant to the attorney -client <br />privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand <br />- Jury's request-included.its commitment to maintain the confidentiality of the opinion <br />itself and its contents. Nevertheless, the request was declined, as was the Grand Jury's <br />alternative request that the County simply identify the legal authority reviewed in <br />studying the issue. <br />- - - Members of shelter management indicated their understanding the TNR program was <br />terminated due to the opinion that the program violates a state law. The law makes it a <br />crime to willfully abandon an animal notwithstanding that the program was designed to <br />ORANGE COUNTY GRAND JURY 2022 12023 PAGE 4 OF 51 <br />