19 (7)
Susana Barrios
From:OC Community Cats <anaheimfixproject@gmail.com>
Sent:Tuesday, June 13, 2023
To:Public Comment
Subject:\[EXTERNAL\] 6/13/23 PUBLIC COMMENT for Anaheim City Council meeting
Attachments:Gimme_Shelter_and_a_Pound_of_Advice.pdf
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
My name is Meredith Kirby. I am a volunteer and board member with the non-profit OC Community Cats. We
are based in Anaheim and dedicated to the welfare of community (free-roaming) cats in North Orange County.
My comment today is specifically addressing Agenda item 16 and the significant increase in the cost of services
proposed by OC Animal Care, the shelter Anaheim contracts with.
The NOI specifies a nearly 23% increase. However, OC Animal Care is not providing services it promised
when the shelter was built.
Beginning in early 2020, OC Animal Care made deliberate reductions in services and implemented policy
changes that have negative impacts on the animals & residents of Anaheim, and the other cities which contract
them.
OC Animal Care stopped the very successful Trap, Neuter, Return (TNR) & Return to Field (RTF) programs,
resulting in the population explosion of community cats.
OC Animal Care no longer accepts healthy stray cats or kittens 8 weeks or older. They tell people to put them
back outside where they were found. Yet they say RTF & TNR are "animal abandonment."
OC Animal Care does not accept owner surrenders without collecting a $300 fee. Most people can't afford that,
so cats are being dumped on the street to fend for themselves. If they are lucky, they find their way to a
community cat colony. We have this happening at the colonies we manage. In May, 2 adults & 12 kittens of
various ages were dumped at one of our colonies where coyotes are known to travel.
OC Animal Care is still accepting some sick/injured stray cats, but they give minimal care and put these cats on
"rescue track." That means the cats are available for non-profit, volunteer run, donation funded groups to
rescue. Otherwise, they are euthanized.
OC Animal Care now has an appointment only policy, so a potential adopter must make an appointment to see a
single animal (cat, dog, bunny, etc) at a time. People can't go to the shelter and walk through the kennels to see
the animals and make a connection.
These policy changes have resulted in a population explosion of community cats, abandonment of cats,
increases in dead animals, an uptick in Coyote activity, fewer adoptions, more killing of animals.
1
The burden placed on the shoulders of non-profits, local veterinarians and independent rescuers is devastating.
Several vets, such as Pro Pet Fix have closed. Some rescues have had to shut down. Independent rescuers are
going broke. They should not have to do the shelter's job without compensation.
This county funded, multimillion dollar, state of the art shelter should be providing all the services it promised
to the animals and residents of Anaheim and Orange County, not less.
So why are they asking for nearly 23% more? What are the animals and citizens of Anaheim getting for this
increase? I suggest requiring a detailed explanation from OC Animal Care.
Finally, you may not be aware that the OC Grand Jury has recently investigated OC Animal Care and issued a
report with their findings and directives. I've heard from an insider that OC Animal Care is not taking it
seriously.
We should.
Link attached.
Thank you for your time & consideration.
Meredith Kirby
2
.
Gimme Shelter and a Pound of Advice
The State of Animal Welfare Overseen by the County of Orange
COUNTY OF ORANGE
Grand Jury 2022-2023
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 51
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2
TABLE OF FIGURES AND TABLES ............................................................................... 3
SUMMARY ...................................................................................................................... 4
BACKGROUND .............................................................................................................. 5
REASON FOR STUDY ................................................................................................... 8
METHOD OF STUDY ...................................................................................................... 8
Interviews .................................................................................................................... 8
Surveys ........................................................................................................................ 9
Site Visits ..................................................................................................................... 9
Key Documents ........................................................................................................... 9
Documents Requested but Not Provided ................................................................... 10
INVESTIGATION AND ANALYSIS................................................................................ 10
Services and Facilities ............................................................................................... 10
Volunteer and Rescue Relations ............................................................................... 12
Human Resources ..................................................................................................... 13
Animal Care Attendants ............................................................................................. 14
Communication .......................................................................................................... 16
Policies and Procedures ............................................................................................ 16
COVID-19 .................................................................................................................. 17
Facilitating Adoption .................................................................................................. 18
Spay and Neuter Overview ........................................................................................ 19
Trap, Neuter and Return ............................................................................................ 20
Euthanasia Report ..................................................................................................... 22
Asilomar Reports ....................................................................................................... 22
Analysis of OCAC Data ............................................................................................. 23
Dog Euthanasia: ........................................................................................................ 25
Impediments to the Investigation ............................................................................... 27
CONCLUSION .............................................................................................................. 30
FINDINGS ..................................................................................................................... 31
Management: ............................................................................................................. 31
Animal Welfare .......................................................................................................... 31
Communication / Outreach ........................................................................................ 32
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 3 OF 51
Impediments to the Investigation ............................................................................... 32
RECOMMENDATIONS ................................................................................................. 33
Management: ............................................................................................................. 33
Welfare ...................................................................................................................... 33
Communication / Outreach ........................................................................................ 34
Impediments to the Investigation ............................................................................... 35
REQUIRED RESPONSES ............................................................................................ 36
Findings – 90-day Response Required ...................................................................... 37
Recommendations – 90-day Response Required ..................................................... 38
REQUESTED RESPONSEs ......................................................................................... 39
Findings – 90-Day Response Requested .................................................................. 39
Recommendations – 90-Day Response Requested .................................................. 39
REFERENCES .............................................................................................................. 40
APPENDIX 1 ................................................................................................................. 42
Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter ...................................... 42
APPENDIX 2 ................................................................................................................. 43
Table 3 - Dog Behavioral Euthanasia Rates by Quarter ............................................ 43
APPENDIX 3 ................................................................................................................. 44
Orange County Grand Jury Animal Shelter Contract City Survey .............................. 44
APPENDIX 4 ................................................................................................................. 45
Orange County Grand Jury Independent City Shelter Survey ................................... 45
Appendix 5 .................................................................................................................... 46
OCAC 4th Quarter 2022 Asilomar Report ................................................................... 46
ABBREVIATIONS: ........................................................................................................ 47
GLOSSARY: ................................................................................................................. 48
DISCLAIMER ................................................................................................................ 51
TABLE OF FIGURES AND TABLES
Figure 1 - Map of Orange County .................................................................................... 7
Figure 2 - Adult Cat Euthanasia Rates .......................................................................... 24
Figure 3 - Dog Euthanasia Rates (Behavioral) .............................................................. 26
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 4 OF 51
SUMMARY
Orange County Animal Care has been a source of public concern since the 1990s, with
no less than five previous Orange County Grand Jury reports detailing troubling
conditions. The previous reports cited excessive euthanasia rates, poor leadership,
inadequate numbers of animal care attendants, a lack of cooperation between staff
departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper
assessment of animals chosen for euthanasia, and low morale negatively impacting
operation of the shelter.
Recent public outcry citing conditions at the shelter, recent litigation, and publicly
circulated petitions calling for changes at the shelter suggest the previously expressed
concerns remain. In addition to these publicly voiced concerns, the current Orange
County Grand Jury received direct complaints requesting an inquiry. The Grand Jury
determined a renewed investigation was warranted. The investigation focused on three
major areas of concern: the management of the shelter, the welfare of animals under
shelter care, and the communication and engagement with the public and the animal
rescue community.
A particular concern of the Grand Jury was the shelter’s termination of its Trap, Neuter,
and Return (TNR) program for community cats. In early 2020, the shelter decided to
stop its TNR program. The Grand Jury’s investigation determined that termination of the
TNR program had detrimental consequences for the welfare of the animals under the
shelter’s care.
The elimination of the TNR program also has contributed to substantial public
dissatisfaction and alienation that undermines the public’s and the rescue community’s
relations with shelter leadership.
During the Grand Jury’s investigation, it was reported by the shelter’s senior
management that the termination of the TNR program resulted from an opinion
rendered by the County’s legal counsel. Understanding the reason leading to the
decision to terminate the TNR program would be important for considering whether the
program can and/or should be reinstated. Toward that end, the Grand Jury endeavored
to obtain a copy of the opinion of the County’s legal counsel by directing a written
request to the Chair of the Orange County Board of Supervisors. While the Grand Jury
recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client
privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand
Jury’s request included its commitment to maintain the confidentiality of the opinion
itself and its contents. Nevertheless, the request was declined, as was the Grand Jury’s
alternative request that the County simply identify the legal authority reviewed in
studying the issue.
Members of shelter management indicated their understanding the TNR program was
terminated due to the opinion that the program violates a state law. The law makes it a
crime to willfully abandon an animal notwithstanding that the program was designed to
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 5 OF 51
return cats to their original location rather than releasing them to randomly selected
sites. TNR programs are widespread throughout California, not to mention the nation as
set forth in a report from the American Bar Association. The Grand Jury is unaware of
any published court case determining that a bona fide TNR program is prohibited under
the anti-abandonment statute. Given the important benefits to animals and the public
provided by such programs, the Grand Jury believes it would be prudent for the County
to revisit the propriety of the former program and consider obtaining a second legal
opinion.
This report highlights analysis of data provided to the Grand Jury by the shelter
indicating that euthanasia rates related to dog behavior and to cats have increased
significantly within the last two years. The increase in dog behavioral euthanasia rates
suggests that there is inconsistency over time as to how dogs are being assessed and
evaluated for behavior-related euthanasia. The increase in feline euthanasia rates
appears to be correlated with elimination of the TNR program.
This report also addresses the challenges in maintaining quality staff at the shelter,
especially in the Animal Care Attendant positions. Hiring practices for the shelter are too
cumbersome, lengthy and lack consideration of how those practices impact animal
welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care
Attendant staffing vacancies need to be filled more quickly.
This report discusses major deficiencies with each of the issues identified above and
makes specific recommendations to help support a more engaged community. Status
quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal
welfare is paramount!
Finally, this report comments on the difficulties the Grand Jury encountered during its
investigation. Without explanation, the entirety of the Orange County County Counsel’s
office determined itself to be conflicted with the Grand Jury’s inquiry into Orange County
Animal Care. The investigation was hampered and slowed during the six weeks the
Grand Jury was required to arrange for outside legal counsel.
BACKGROUND
Orange County Animal Care (OCAC) began operations in 1941 and was responsible for
rabies and tending to lost livestock. In 1950, the population of Orange County was
roughly 216,000. By January 2022, the estimated population was 3.1 million people.
OCAC provides a myriad of services over a wide territory and variety of client needs
and expectations. OCAC serves the unincorporated areas of Orange County and
contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley,
Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano,
Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County
either have their own shelter or contract with other cities or non-profit groups to provide
animal care and control services. The unincorporated areas of the county and the 14
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 6 OF 51
contract cities have a combined population of approximately 1.8 million residents,
greater than half of the total population of Orange County.
In March 2018, a new shelter was opened on a 10-acre site at a cost of $35 million. The
shelter includes a two-story, approximately 30,000 square-foot main building, six stand-
alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area.
OCAC can shelter up to 600 animals and is the single largest municipal animal facility in
the western United States serving residents in one location.
OCAC has 137 authorized staff positions. Approximately 21 staff are animal care
attendants who are represented by the Teamsters Union. All other staff are represented
by the Orange County Employees Association. Labor relations and contract terms must
be taken into consideration while operating the shelter.
OCAC, like most municipal shelters, relies upon a variety of rescue support groups and
citizen volunteers to enhance animal welfare and outcomes. The relationship between
shelter management, rescue groups, and volunteers has deteriorated in the last three
years. The historical partnership between the shelter and rescue groups has become
stressed due to a variety of reasons. The breakdown in communication, engagement,
and trust between parties has negatively affected shelter operations.
Most large municipal shelters are “kill” shelters, which are shelters where animals may
be euthanized for any of a variety of reasons. Privately operated shelters and smaller
municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some
animals in special cases, but generally do not euthanize animals. Large municipal
shelters, owing to their size, capacity, public responsibility, operational mandates, and
their positioning as “shelters of last resort,” euthanize animals as a matter of course.
Animals are euthanized for a variety of reasons, such as:
• they suffer from irredeemable disease or injury,
• they are of a species that represent a danger to the community, or
• they are behaviorally unfit for adoption.
Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these
programs, feral and community cats are captured from their outdoor environment, taken
to a shelter or veterinarian where they are neutered, and then returned to the location
from where they were trapped. TNR programs serve to reduce colonies of feral and
community cats in a humane manner and serve to manage and reduce this cat
population. OCAC had a TNR program beginning in 2013 until early 2020 when it was
discontinued.
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Figure 1 - Map of Orange County
Cities Contracted with Orange County Animal Care
The map above shows the cities and unincorporated areas currently contracted with
OCAC. All city contracts are not alike in that OCAC may provide partial services for
some cities and full services for others.
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 8 OF 51
REASON FOR STUDY
In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care
(OCAC) shelter. Many of those complaints were the same complaints addressed in five
previous Grand Jury reports, including:
• the shelter’s unresponsiveness to community needs,
• restricted public access to the shelter’s kennels,
• restricted opportunities to walk through the kennels and engage with adoptable
animals, and
• concerns related to inadequate staffing and volunteer levels.
Complainants also expressed concerns about animal surrenders, a perceived increase in
homeless cats with less spay/neuter availability, and the shelter’s increased euthanasia
rates.
About the same time the Grand Jury was receiving public complaints about the shelter, a
petition with thousands of signatures was delivered to the Orange County Board of
Supervisors. The petition addressed the same concerns as the complaints received by
the Grand Jury and demanded change in the shelter’s appointment-only system and
reinstatement of the shelter’s TNR program.
The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team
(a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another
California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County
Superior Court for the assignment of a shelter monitor to oversee shelter operations.
The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new
and allegedly ongoing and unresolved concerns about shelter operations. The Grand
Jury focused on current practices at OCAC to determine how well the needs of the
animals, staff, and public are being met.
METHOD OF STUDY
The Orange County Grand Jury’s objective is to provide an accurate portrayal of OCAC’s
current operations, culture, inner workings, and challenges. The Grand Jury investigation
relied on interviews, public and shelter documents, surveys, site visits, and news
accounts about the shelter. The information supporting the facts, findings, and
recommendations in this report is corroborated, validated, and verified through multiple
sources.
Interviews
The interviews conducted by the Grand Jury focused on an in-depth review of OCAC
management, staffing, operating structure, animal care procedures, communications,
animal care statistics, operating plan, organization structure, morale, the volunteer
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program, relationship with rescue organizations, and complaints. Interviews included the
following:
• Management and staff from OCAC.
• Current and former volunteers from OCAC.
• Management from the OC Community Resources (OCCR) office.
• Management from the Orange County Centralized Human Resources and OCCR
Human Resources offices.
• Community complainants from Orange County Grand Jury Public Concern
Letters.
• Retained outside legal counsel.
• Leaders of Orange County city-managed shelters.
• Animal advocates.
Surveys
The Grand Jury solicited feedback from the shelter’s clients by surveying the 14 cities
contracted with OCAC to provide animal care and control services. Questions in the
survey were crafted to determine city satisfaction with the services provided and cost
effectiveness, and to solicit any concerns city leaders, managers, and residents may
have with OCAC. (Appendix 3)
A second survey was directed to the five independent city-managed animal shelters in
Orange County, soliciting information about their shelter operations, staffing, animal
population, adoption procedures, and other challenges. (Appendix 4)
Site Visits
The Grand Jury conducted tours and site visits to the OCAC shelter:
• One visit was a guided tour of the facility, during which the Grand Jury was
provided behind-the-scenes access to observe conditions and observe shelter
staff as they went about their daily routines.
• A second visit was an anonymous visit by two members of the Grand Jury. The
two members visited the shelter to experience, firsthand, guest services and the
appointment process for adopting an animal.
• A third visit was an unscheduled visit to observe kennel cleaning and to gather
additional documents and records.
The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo
Animal Services Center.
Key Documents
• Documents and information provided by OCAC:
o Policy and Procedure Manual governing the Orange County Animal
Shelter
o Volunteer Program Manual
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 10 OF 51
o Total number of volunteers who have served by year since 2018
o Organization Charts
o Job Descriptions of all authorized and contracted positions
o Statistics on animals under OCAC care, including adoptions
o The OCAC Monthly and Quarterly National Shelter Statistics Project Data
Matrix (2018-2022)
o OCAC euthanasia records
o OCAC Asilomar Reports
• OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia
records and OCAC Asilomar Reports
• City Run Shelters and Contracted City survey responses and summaries
• Reports from city-managed shelters
• OCGJ Public Concern Letters
• Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court
Case No. 30-2022-01282419-CU-WM-CJC)
• Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008,
and 2014-2015 (2 reports in 2014-2015)
• OCAC Performance Audit responses (February 4, 2016)
• American Bar Association legal opinion 102B, Tort Trial and Insurance Practice
Section report to House of Delegates - Resolution No. 29N, pages 1 and 2
• California Penal Code Section 597s
• OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority,
pages 1 to 4
• Association of Shelter Veterinarians Guidelines for Standards of Care in Animal
Shelters
Documents Requested but Not Provided
• Daily census of all animals plus breakdown of number of cats and dogs from 2018
through 2022 (not provided by OCAC since it reportedly is not tracked).
• Complaints and Grievance log.
• The Grand Jury attempted, without success, to obtain a copy of OC County
Counsel’s opinion concerning the terminated TNR program. The Grand Jury’s
request to the Chair of the Orange County Board of Supervisors for a copy of the
opinion was denied, as was an alternative request that the County simply identify
the legal authority reviewed in studying the issue.
INVESTIGATION AND ANALYSIS
Services and Facilities
The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the
western United States serving residents in one location. The nature, size, and scope of
the shelter adds complexity and unique challenges to its operation. The shelter employs
137 staff engaged in a variety of functions including animal sheltering and care, animal
control, reuniting lost pets with their owners, veterinary services, licensing, adoption,
marketing, public relations, and administration. Supporting the varied needs of over 1.8
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 11 OF 51
million residents requires a substantial investment in facilities, infrastructure, personnel,
organization, customer service, and public outreach.
OCAC provides temporary shelter and medical care for “lost” owned or stray animals and
opportunities for adoption of these animals. OCAC houses and provides medical care for
impounded dogs, cats, and exotic animals. OCAC also provides animal control services
that include removing dangerous non-domesticated animals where they pose a hazard to
humans or other animals.
OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and
sometimes compelling reasons, including animals injured beyond redemptive medical
care, behavior, species and breed, and age.
The size and complexity of the shelter leads to numerous managerial and operational
challenges. The shelter has space capacity to care for up to 600 animals; however, at
times, the number of animals at the shelter exceeds shelter capacity. When capacity is
exceeded, temporary capacity is created by moving cat cages into administrative areas
such as the facility’s training and conference room. On the day the Grand Jury toured the
shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting
of the average number of animals per day at the facility since OCAC only began keeping
daily animal census records in December 2022. However, the Grand Jury was able to
estimate average daily cat and dog count from the shelter’s Asilomar reports.
Average daily cat and dog count based on quarterly Asilomar data for the years 2021
and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the
average and counts vary with the seasons.
The Grand Jury surveyed the cities being served by OCAC. Most cities expressed
satisfaction with the services provided by the shelter. During interviews with the Grand
Jury, shelter management voiced the challenge of expanding and enhancing services
versus the willingness of contract cities to pay for additional services. Shelter
management expressed the need to balance services with the cost consciousness of
their contract cities and the county budget, while also providing a level of service
expected by the public. Shelter management expressed awareness that contract cities
have alternative service options if the prices charged by OCAC for its service are beyond
city expectations or budget.
From 1995 through 2016, the California Department of Public Health (CDPH) collected
and published data from California’s animal shelters. Currently, CDPH does not keep or
compile comprehensive data on animal shelters operating within the State. Out of
concern for crowding and high euthanasia rates, animal welfare groups within the State
have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332,
called the “Shelter Animal Collection Data Act,” was introduced by Assemblyman Alex
Lee (D-San José) and coauthored by Assemblywoman Marie Waldron (R-Valley Center).
Assembly Bill 332, if adopted, would require shelter data collection and reporting that
piggybacks onto current rabies reporting mandates. The bill would further require CDPH
to collect and publish animal shelter intake and outcome data, including adoption,
redemption, euthanasia, and other categories.
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Volunteer and Rescue Relations
Most animal shelters rely on a host of shelter volunteers to help with the care and
enrichment of the animals under supervision, and they also rely on private rescue
organizations (rescues) to help with the adoption process and fostering. OCAC is no
exception.
Shelter volunteers help by assisting shelter staff with animal care, socialization, and
enrichment; community outreach and events; conducting tours; greeting shelter visitors;
and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs,
work with their socialization, and foster kittens without mothers. The volunteer program is
vital.
Rescue organizations help by accepting animals from the shelter and facilitating
adoptions or placing animals in foster care for eventual adoption. Rescues help relieve
the shelter of overcrowding. These organizations benefit animals by facilitating adoptions
or placing them in foster homes with enriched social environments greater than the
shelter can reasonably provide.
The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to
OCAC’s success and the welfare of animals under its care. OCAC has been challenged
by both inadequate staffing and strained collaboration between the shelter, volunteers,
and rescues. Some challenges are the result of the recent COVID-19 crisis, when the
volunteer program was shut down in response to County health mandates. Other
challenges are due to some rescue organizations’ responses to changes in shelter
organization, operation, and procedures within the last 2 to 3 years. Moreover, some
organizations report recent funding challenges that limit their ability to fully assist the
shelter with its animal welfare mandate. Funding has been especially challenging for
rescues since COVID-19.
The shelter’s volunteer program was not restarted until late 2022, although state COVID-
19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required
more than calling all volunteers back from COVID-19 isolation. Some former volunteers
have not returned because they have moved on with their lives. Some volunteers have
not returned because of their dissatisfaction with recent changes in organization,
operation, and procedures at the shelter. However, some volunteers have returned, and
more are being recruited to form the foundation for a re-energized volunteer program.
Relationships between the shelter and some rescues remain strained. Leadership
changes within the past three years, changes in circumstances at the shelter, and the
shelter’s response to COVID-19 resulted in changes to shelter priorities and practices to
which some rescues object. Some changes were precipitated by differences in priorities
and concerns that came with the change in shelter leadership, some changes were in
response to COVID-19 restrictions and concerns, and one change came as the result of
the shelter’s response to a threat of litigation by a lone animal activist from outside
Orange County challenging the shelter ’s TNR program.
Strained relations between OCAC and rescue organizations are detrimental to the
operations of the shelter and ultimately to the welfare of animals under the shelter’s care.
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To operate at its highest potential, OCAC needs to have a good working relationship with
the rescues. Rescues want to have a good working relationship with OCAC. During
Grand Jury interviews, both management at OCAC and representatives of rescues
indicated a desire to work to resolve their differences, and both expressed the welfare of
the animals as being their highest priority.
OCAC will benefit if it has a robust outreach program to continually recruit volunteers and
will benefit by engaging with the rescue community to mend the fractured relationship
that has developed between them.
Human Resources
The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to
meet the highest standards of animal welfare.
Continuity of leadership at the OCAC shelter has been a challenge over the past four
years with turnover in management and supervisorial staff level positions. Over the past
four years, two executive directors have been hired with interim leadership having to be
provided on two separate occasions. The Chief Veterinary position went unfilled for
months until the current Chief Veterinarian was brought onboard in May 2022. Between
September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian
and services were provided by one contract veterinarian.
OCAC is under the direction of OC Community Resources (OCCR). However, day-to-
day human resource and recruitment support for the shelter is performed by OC Human
Resource Services (OCHRS). OCHRS provides separate, targeted human resource
support for OCAC’s recruitment, labor relations, and employee relations needs.
Personnel turnover in critical job categories, such as kennel attendants, can add huge
pressure to the remaining staff. Vacancies in critical positions strain shelter operations
and impact animal welfare. There are currently 21 allocated Animal Care Attendant
positions out of the 136 shelter staff positions. The 21 animal care attendants are
assigned to fill the shelter’s attendant needs over the 7-day shelter week. There is
reason for concern and urgency when even one Animal Care Attendant position goes
unfilled.
County policies and practices exacerbate high turnover and make filling vacant positions
difficult. Current county practice allows an employee to promote out of their shelter
position, or any position, at any time, even while they are still within their probationary
period. The ease and fluidity of transitioning adds to the shelter’s understaffing and
staffing volatility.
Staff vacancies, which have been as high as 23%, negatively impact shelter operations
and have taken as long as six months or longer to fill. Delays in filling staff positions
disrupt shelter operations. Delays have resulted in qualified candidates declining job
offers because they have accepted other positions. Animal Care Attendant and
Veterinarian positions are particularly critical and vital to the welfare of the shelter’s
animals. While OCCR has taken some steps to correct hiring delays, there needs to be
an increased sense of urgency when posting and filling critical vacant positions.
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As a unionized organization, limitations exist which impact the assignment of human
resources within the shelter’s organization and daily operations. Staff are siloed into
operational categories and job functions, which limits managerial flexibility in their ability
to respond to special operational needs. An inflexibility in management’s ability to
respond to vacancies in Animal Care Attendant staffing is one such example. Staffing
limitations and operational inflexibility has resulted in instances of inefficient allocation of
shelter human resources. Moreover, labor rules limit shelter volunteers from performing
certain duties that must be performed by shelter employees. Volunteers are drawn to the
shelter out of a desire to work and care for the animals. Restricting volunteers from
lending a hand when they see the need is disheartening to the volunteers.
Animal Care Attendants
Animal care attendants at OCAC provide the direct, daily care of the animals. They
attend to several areas of responsibilities:
• Intaking animals brought to the shelter by the public or impounded by animal
control or the cities, entering information about the animal into the shelter’s data
base, and taking pictures of the animals.
• Feeding and watering of all the shelter’s animals – domestic, exotic, and wild.
• Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining
the general cleanliness of the shelter’s kennel facilities.
• Monitoring, documenting, and reporting on the health and well-being of sick,
exotic, and quarantined animals; reporting any abnormalities or changes in
condition to veterinary staff.
• Assisting with animal adoptions, including providing counseling on breed
characteristics, matching and introducing the appropriate animal to the potential
adopter, and instructing adopters in basic animal care.
• Grooming the animals for the health and comfort of the animals.
• Responding to public inquiries about legal retention, adoption procedures, basic
animal care, and behavior.
Animal Care Attendants may be assigned into any one of three areas of responsibility:
Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants
assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible
for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their
duties include cleaning and feeding, enrichment, adoption and the other activities
discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their
duties include cleaning and feeding, enrichment, adoption and the other activities noted
above.
In 2016, OCAC brought in professional consultants to provide recommendations for a
2018 Strategic Plan. One of the consultant’s recommendations was for the shelter to
increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not
implement that recommendation. Additionally, the consultant recommended the shelter
follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in
Animal Shelters. Those practices include National Animal Control Association (NACA)
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guidelines and the Humane Society of the United States (HSUS) guidelines (which is the
current standard).
The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet
industry standards for level of care. NACA and HSUS recommend a minimum of 15
minutes of care per day per animal for feeding and cleaning each animal housed in the
shelter; 9 minutes for cleaning and 6 minutes for feeding and watering.
There are currently 21 Animal Care Attendant positions allocated at the shelter. Three
positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at
the shelter is 10 hours, of which the attendants are expected to spend half their time
cleaning, feeding, and watering the animals and half their time attending to other
responsibilities, including those responsibilities noted above. Half the Animal Care
Attendants work from Wednesday through Saturday and the others work Sunday through
Wednesday. Animal Care Attendants spend about 4½ hours cleaning and feeding the
animals each day.
The Grand Jury evaluated the Animal Care Attendant’s workload during the four-month
period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants
cared for 48 animals per shift on average and in some cases up to 90 animals per shift.
Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on
average per animal attending to cleaning and feeding, which is much less than the 15
minutes recommended by the NACA and HSUS guidelines.
Of note, the four-month period reviewed by the Grand Jury is not the shelter’s busy
season. During kitten season, the cats and kittens alone can number up to 500 to 600
cats and kittens per day. The Grand Jury could not evaluate daily census records prior to
December 4, 2022 because OCAC did not keep daily animal census records prior to that
date.
There are still other needs the animals have, such as time for animal enrichment which is
required daily. The other half of the Animal Attendant’s shift is devoted to picking up
animals from intake, showing animals for potential adoptions, walking dogs, stocking
supplies, washing dishes or other non-direct animal care tasks.
ASV Guidelines stress enrichment should be given the same significance as feeding,
watering, and veterinary care. Successful enrichment programs prevent the development
and display of abnormal behavior and provide for the well-being of the animal. Regular
positive daily social interaction with humans is essential for both dogs and cats. Animals
need daily walking, playing, grooming, petting, etc. OCAC’s 2018 Strategic Plan called
for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their
needs. The Grand Jury found that other shelters in Orange County walk their dogs
several times per day and provide numerous opportunities for enrichment. At the OCAC
shelter, dogs are not always walked daily. Instead, animal care attendants only walk
dogs every other day, as time permits.
The Grand Jury recognizes that resources are limited, but the shelter must prioritize the
welfare of the animals over other shelter operation considerations. This puts pressure on
management to operate the shelter efficiently. Other animal care facilities report 50% of
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their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct
care. The Grand Jury recommends a review of the current allocation of positions within
OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct
care to the animals. Assigning adequate resources to the direct care of the animals must
be a priority as the health and welfare of the animals is the shelter’s primary charge. The
current allocation of Animal Care Attendant positions is insufficient.
Communication
The shelter’s organizational challenges are numerous; many challenges are systemic,
but some are self-inflicted. With many constituents, such as shelter staff, volunteers,
rescue organizations, and the public at large, robust communication programs are
essential to addressing the concerns and needs of both internal and external audiences.
Collaboration and communication within the shelter are lacking. Departments within the
shelter are siloed. Staff within departments focus solely on their duties and
responsibilities and are not encouraged to think of their efforts as being part of a “Big
Picture.” Morale is reported to be low. Workplace rules and position classifications tend
to discourage a collaborative mindset.
In March 2015, the Orange County Office of the Performance Director issued a report on
the OCAC. The OC Auditor noted that, among other things, the shelter was not holding
regular “all-hands” staff meetings. The Auditor recommended that the shelter hold
meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the
OCAC made the same recommendation. The response from OCAC to this Grand Jury
report was that all-hands meetings were implemented. However, all-hands meetings
currently do not occur at any regularly scheduled interval. Although shelter staff have a
general sense of shelter operations and functions, the shelter is a siloed work
environment. Without regularly scheduled all-hands meetings, staff have little opportunity
to hear and be heard by shelter leadership and for management to communicate a
consistent message.
Shelter volunteers are limited to a program that effectively segregates them from shelter
staff and management. Volunteers have little to no voice or effective input into the
shelter’s decision hierarchy.
Policies and Procedures
The Grand Jury found that the shelter’s Policies and Procedures manual does not
undergo regular internal review. There are policies and procedures in the manual that do
not reflect current shelter practices. Additionally, there are important shelter practices
and functions that are not addressed or are inadequately documented within the manual.
There are some policies and procedures in the manual addressing programs that are no
longer relevant or where the manual describes practices that are outdated. It is evident
some policies and procedures in the manual have from time to time been inserted or
revised, but those cases appear to be done on an ad-hoc basis and are not methodical.
Individual policies and procedures documented in the manual are annotated with the
date they became effective and, when applicable, revised. However, there is nothing to
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indicate when or if a policy or procedure has been contemporarily reviewed and
determined to be relevant, accurate, and applicable. Some policies and procedures in
the manual were written as long ago as the late 1970s with revisions in the mid-2000s.
There is no indication that any particular policy or procedure has been reviewed as
current and appropriate, or by whom, or when.
Operating a shelter without up-to-date, reliable policies, procedures, and guidelines
make formal training difficult, if not impossible, and results in inconsistent operating
protocols and practices. More importantly, when new staff are hired, training becomes
“on the job training” and subject to inconsistency. With the high level of turnover at the
shelter, it is all the more important to ensure policies and procedures are up to date.
COVID-19
The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter
operations were severely strained as state and county COVID-19 restrictions were put
into place. The shelter was effectively closed to the public. Emergency protocols and
practices were put into place to ensure the safety of the public and OCAC staff.
Leadership had to manage a 24-hour shelter, with many members of the staff required to
work on site. Work shifts and resources had to be juggled to ensure staffing was
sufficient and personnel were kept safe. Within the limits of the shelter’s staffing
allocation, management created a Team A/Team B system that isolated one half of the
staff from the other half of the staff. Staff came into work only during those days and
hours their assigned team was scheduled. Extraordinary sanitation protocols were put
into place.
Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the
occasion, working flexibly and cooperatively to prioritize the care of the animals. Both
shelter leadership and staff are to be commended for managing shelter operations
through a difficult time.
Unfortunately, the volunteer program was suspended during COVID-19 restrictions and
engagement with rescues was significantly impacted. The volunteer program was slow to
be restarted. Shelter management could and should have anticipated the end of COVID-
19 restrictions and worked toward reinstating the shelter’s volunteer program much
earlier than late 2022.
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Facilitating Adoption
During COVID-19, most animal shelters, including OCAC, closed or restricted their
shelters to public access, including stopping all public walk-in visits.
Prior to COVID-19, the adoption process at the shelter was relatively open. The public
was at liberty to visit the shelter at their convenience without an appointment. The cat
and dog kennels were mostly open to public viewing where a potential adopter could
experience first-hand the size, look, and manner of a potential adoptee. Volunteers and
staff were available to facilitate an intimate meeting where humans and animals could
interact and bond. The experience was unconstrained, spontaneous, instinctive, and
natural.
OCAC previously had an animal behaviorist who worked with stressed animals to
facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other
animal shelters in Orange County have animal behaviorists working with their animals to
facilitate adoptability.
During COVID-19, public adoptions were carried out by appointment only and computer
facilitated. The public was required to schedule an appointment to visit the shelter. Up to
three animals could be selected on the shelter’s website from photographs and
biographical information about the animals. A one-on-one meet-up with the animal(s)
followed. People without computer access could use the shelter’s computer kiosk to
select an animal, but by appointment only. If a suitable animal was not found among the
animals selected via computer, kennel staff might make recommendations to the
potential adopter.
Currently, the adoption process is less restrictive than during COVID-19 but remains
more restrictive than pre-COVID-19. The current appointment system is restrictive and
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does not provide prospective adopters viewing access to all available adoptable animals.
The shelter has opened to limited walk-ins on a stand-by basis when there are openings
in the appointment schedule and when staff are available to assist. All potential adopters,
appointments, and walk-ins are still required to use the shelter’s website to pre-select
potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all
visitors.
OCAC leadership expressed concern about bites to visitors as the primary reason for
restricting kennel access. The shelter experienced a marked drop in bites coincidental
with the closure of the facility to the public when COVID-19 restrictions were
implemented:
• 2019 – 23 bites
• 2020 – 7 bites
• 2021 – 3 bites
• 2022 – 2 bites (as of December 23)
However, not all dogs are bite risks and there is space throughout the kennel facilities to
provide for public viewing. Public safety is important, however, dogs representing bite
risks can be segregated, and supervised viewing is a viable option.
Shelter leadership said that public viewing within the kennels stresses the animals and
that restricting access keeps the animals calm. However, to address that concern, dogs
prone to excitability and stress can be secluded, and supervised viewing is an option.
Spay and Neuter Overview
As mentioned earlier, the population of Orange County in 1950 was about 216,000.
Today the contract cities and unincorporated county areas served by OCAC has a
population of approximately 1,800,000. With the population increase comes an increase
in the number of dogs, cats, and other pets.
Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet
owners. In most cases, members of the public either bring lost animals to the shelter to
be reunited with their owners or bring their own animals to be adopted to new homes.
Few people bring animals to the shelter to be euthanized. One reason OCAC has so
many animals and a high incidence of euthanasia is that many pet owners do not
spay/neuter their pets and thereby allow them to reproduce beyond the owner’s ability to
care for the offspring.
Uncontrolled reproduction is a factor in the high population of dogs and especially cats.
According to a 2011 report by the North Shore Animal League of America, each day over
70,000 puppies and kittens are born in the United States, and because of
overpopulation, more than 3.7 million animals are still being euthanized each year across
the country. The absence of TNR at the shelter has seriously increased the rate of
euthanasia of cats, especially kittens, who are not old enough or healthy enough to
adopt.
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Many communities incentivize sterilization of pet dogs by significantly lowering the cost
of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue
organizations will only allow spayed/neutered animals for adoption or require the new
owner have the animal spayed/neutered as part of the adoption process.
Some complaints received by the Grand Jury assert that the public has requested low/no
cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no
cost spay/neuter clinics or events but does list on its website feral cat low cost
spay/neuter resources. However, the Grand Jury found that some of the listed phone
numbers are incorrect and for those that are correct, some of the listed prices are
incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the
community, decrease overpopulation of animals, and decrease the potential euthanasia
of cats and dogs.
Trap, Neuter and Return
OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over
the following years saw cat intake and euthanasia decrease dramatically. TNR has been
shown to be the most humane, efficient way of stabilizing feral and community cat
populations. TNR is an animal control program practiced by many animal shelters
throughout the United States and the State of California. Prior to April 2020, the Orange
County Animal Shelter had an active Trap, Neuter, and Return program.
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OCAC’s TNR program was a cooperative endeavor that depended and relied on the
efforts of participating non-profit rescue organizations and individual members of the
community. Both OCAC and community participants worked together to make the TNR
program successful. Non-profits and interested members of the animal welfare
community performed the field work necessary to trap feral and community cats and
transport the cats to the shelter. OCAC received the animals, performed the spay and
neuter procedure, vaccinated the animals, and treated them for injuries or disease.
When the animals were healthy, fit, and ready for return to their outdoor home, the same
non-profit organization or community members retrieved the cats from the shelter and
returned them to the same location from which they were trapped.
OCAC only provided TNR related services within its shelter facility and did not participate
in locating, trapping, or returning the animals to the location from where they were
trapped. However, OCAC played an integral role in the TNR process. When OCAC’s
participation in the TNR program ended, TNR within the county effectively ceased.
OCAC’s TNR program was popular among many local animal welfare groups and
individuals and is a necessary element to the continuance of a viable TNR program
throughout the county.
The Grand Jury recognizes there is disagreement among animal control and welfare
advocates whether TNR is effective in reducing feral and community cat populations,
whether TNR serves the best interest of the individual animal, and whether TNR is an
environmentally sound practice. In Orange County at least, there apparently is also
disagreement whether TNR programs violate a provision of the California Penal Code
dealing with malicious mischief.
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California Penal Code Section 597s states:
(a) Every person who willfully abandons any animal is guilty of a misdemeanor.
(b) This section shall not apply to the release or rehabilitation and release of native California
wildlife pursuant to statute or regulations of the California Department of Fish and Game.
As best as the Grand Jury can determine, the validity of California Penal Code Section
597s or its interpretation or application has never been adjudicated in a reported
California court decision. According to a report published by the American Bar
Association, it is questionable whether a bona fide TNR program, in which animals are
returned to the same location where they were trapped, constitutes willful abandonment.
In or about late 2019/early 2020, OCAC received a cease-and-desist complaint
demanding that it end its participation in the TNR program. OCAC referred the complaint
to OC County Counsel. County Counsel reviewed and responded to the referral in an
opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel’s
opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the
County Counsel, the Orange County Board of Supervisors, and Orange County Public
Resources. As of the publication of this report, the Grand Jury was not able to acquire a
copy of County Counsel’s opinion. The Grand Jury was informed that OCCR and OCAC
management were advised they could be held personally liable for any legal action
arising out of continuance of the TNR program. OCAC’s TNR program was terminated in
or about April 2020.
Euthanasia Report
OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a
comprehensive list of all euthanasia outcomes at the shelter spanning the period August
19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that
period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs.
(Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals
included other domestic and/or non-domesticated animals.
OCAC’s records identify every euthanized animal’s date of euthanasia, estimated age,
sex, species, breed, and the reason for euthanasia. Estimated animal ages span one
day to 50 years. Species span domestic cats and dogs to domestic and/or non-
domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks,
lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and
include irredeemable suffering, Head Test (rabies), disease, behavior, age, species
(public safety), and owner request.
Asilomar Reports
In 2004, leaders representing national organizations and industry stakeholders gathered
to find common ground in the animal welfare field. Together, they wrote the Asilomar
Accords, which establishes common definitions and a standardized way of reporting
shelter statistics. Asilomar reports are statistical reports that animal shelters compile
documenting their animal intakes and outcomes. The reports are aggregated into a
national Shelter Animals Count National Database.
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OCAC compiles records and participates according to the Asilomar Accords data
collection methods. The shelter publishes its Asilomar reports on its website. OCAC’s
data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog
intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia.
Analysis of OCAC Data
The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether
termination of the TNR program may have had any impact on euthanasia rates at the
shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put
into place about the same time the TNR program was terminated.
Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat
euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates
are represented as a percent of total Asilomar outcomes. Euthanasia rates are
represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats
are not included in the review because the shelter’s juvenile cat population varies widely
with the season and, moreover, juveniles are not candidates for TNR.
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Figure 2 - Adult Cat Euthanasia Rates
Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the
termination of the TNR program and the beginning of COVID-19 restrictions.
The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through
the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The
average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the
end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat
euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is
statistically significant. (See Appendix 1)
To evaluate whether circumstances related to COVID-19 accounted for the increase in
euthanasia rates, the rates from the post-COVID-19/post-TNR termination were
compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat
Comparing adult cat euthanasia rates pre-TNR
and post-TNR … the termination of the TNR
program correlate to an increase in adult cat
euthanasia rate at the shelter.
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euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average
adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the
termination of the TNR program (Q3 2021 – Q4 2022) was 25.4%. The increase in the
rate of adult cat euthanasia following termination of the TNR program but after COVID-
19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions
rate. Again, the increase is statistically significant.
Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID-
19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR
program correlate to an increase in adult cat euthanasia rate at the shelter.
Dog Euthanasia:
OCAC euthanizes animals for a variety of reasons, including but not limited to injuries
beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for
medical reasons, the Chief Veterinarian or a staff veterinarian must approve the
procedure. In the case of behavior-related euthanasia, approval is determined by a five-
member Behavior Evaluation Committee.
OCAC euthanizes dogs that are determined to have irredeemable behavioral issues,
including displays of aggression toward people or other animals, bites, and severe
kennel stress. The five members of the Behavior Evaluation Committee include staff
members representing Field Operations, Animal Services Operations, the Community
Outreach team, the Chief Veterinarian, and a representative from senior management.
While there are five staff members represented on the Behavior Evaluation Committee,
only three participants are voting members. The Chief Veterinarian and the member from
senior management serve only as advisory members. A majority of the three voting
members of the committee must approve a behavioral euthanasia – that is, at least two
of the three voting members must approve.
OCAC’s Behavior Evaluation Committee evaluates dogs for euthanasia without written
guidelines, policies, or procedures, resulting in inconsistent outcomes over time.
Behavior-evaluated euthanasia outcomes are dependent on the experience and
personal considerations of the individual committee members and management rather
than written objective standards. The voting members of the Behavior Evaluation
Committee may evaluate behavior based on their own observations and/or on the written
reports of other staff members. The voting members are not required to directly observe
a dog’s behavior, and in some cases have not made direct observation, but they do have
access to video documentation of a dog’s behavior. Voting members come to their own
conclusions based on their own understanding of dog behavior and rehabilitative
potential.
OCAC does not have a professional licensed, trained, or certified animal behaviorist on
staff to oversee the dog enrichment programs, resulting in dogs with declining behavior
being placed at greater risk of being euthanized. Voting members of the Behavior
Evaluation Committee are not required to certify or participate in animal behavior
education programs. The Behavior Evaluation Committee meets once per week and
participation of the voting member from any one of the three voting departments may be
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delegated to a lesser experienced staff member when the regular voting member is
unavailable.
The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes
from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog
behavioral euthanasia at the shelter over time. The chart below shows quarterly dog
behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of
2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by
quarter. Juvenile dogs are included in the review because the shelter’s juvenile dog
population is subject to behavioral euthanasia. The Grand Jury found that for the dogs
euthanized for behavior during the period under review, 7.4% of the dogs were no more
than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to
determine why dogs less than one year in age would warrant behavioral euthanasia.
Figure 3 - Dog Euthanasia Rates (Behavioral)
Dog behavioral euthanasia rates increase at OC Animal Care between the second and
third quarters in 2021
Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC
between the second and third quarters of 2021. The average dog behavioral euthanasia
rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar
outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022,
the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar
outcomes, an increase of 187%. The increase is statistically significant. (See Appendix
2)
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Impediments to the Investigation
The Grand Jury’s function is to investigate the operation of the various officers,
departments, and agencies of the local government.
Article 1, Section 23 of the California Constitution states:
“One or more grand juries shall be drawn and summoned at least once a year in each
county.”
Provisions of the California Penal Code define the scope and limitations of a grand jury’s
authority:
Penal Code Section 916:
… Rules of procedure shall include guidelines for that grand jury to ensure that all findings
included in its final reports are supported by documented evidence, including … official
records, or interviews attended by no fewer than two grand jurors and that all problems
identified in a final report are accompanied by suggested means for their resolution, including
financial, when applicable.
Penal Code Section 921:
The grand jury is entitled to … the examination, without charge, of all public records within
the county.
Penal Code Section 925:
The grand jury shall investigate and report on the operations, accounts, and records of the
officers, departments, or functions of the county … The investigations may be conducted on
some selective basis each year …
Penal Code Section 925 (a):
The grand jury may, at all times, request the advice of the court, or the judge thereof, the
district attorney, the county counsel, or the Attorney General …
As a department of Orange County government, the County Counsel’s office provides
legal counsel and services to the Orange County Board of Supervisors and all other
Orange County departments and agencies, including the Grand Jury.
At the start of a Grand Jury’s one-year term, County Counsel assigns an individual
attorney within its office to serve as the Grand Jury’s primary attorney. Because the
individual serving as the Grand Jury’s counsel is also assigned to other departments or
agencies within Orange County government, there is the potential for the Grand Jury’s
designated primary counsel to have a conflict of interest when the Grand Jury
investigates a department or agency otherwise served by the primary attorney. To
ensure continuity of legal service to the Grand Jury, the County Counsel’s office also
assigns a back-up attorney that provides service to the Grand Jury when the primary
counsel is conflicted. The back-up attorney is selected so that at least the primary or
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back-up would not have a disabling conflict – that is, one or the other would be available
to serve the Grand Jury in any investigation not directly related to the County Counsel’s
office itself. Back-up counsel advises the Grand Jury on those matters only when the
primary attorney is conflicted.
Early during its one-year term and early in its investigation, the Grand Jury learned that
its primary counsel had a conflict of interest with its investigation of OCAC. The County
Counsel’s office explained, and the Grand Jury understood, that the services of the
County Counsel’s office would continue through the back-up attorney assigned for such
circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury
received the legal advice and assistance of the back-up attorney in the County Counsel’s
office.
Later during its investigation of OCAC, the Grand Jury inquired into the shelter’s prior
TNR program and the program’s termination in early 2020. The Grand Jury learned the
program was terminated after a cease-and-desist demand to stop the program was
received from a lone individual residing outside of Orange County. The Grand Jury was
informed that the County Counsel’s office, in response to a request by OCAC to review
the cease-and-desist demand, issued an opinion to the Orange County Board of
Supervisors and OCAC about the shelter’s TNR program that evidently led to a direction
to terminate the program.
In the course of the Grand Jury’s investigation, including interviews with OCAC and
OCCR staff and leadership, the County Counsel’s office and its opinion were repeatedly
cited as being the source of the decision to stop the TNR program.
The Grand Jury understands County Counsel’s role is to provide advice and counsel to
the Board of Supervisors, County departments, and various County agencies, but that it
has no decision-making authority over any division of County governance, except
regarding its own internal functions. While the Grand Jury was skeptical that the County
Counsel’s office actually made, or had the authority to make, the decision to terminate
the TNR program, the Grand Jury nevertheless understood that the County Counsel’s
opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the
opinion to learn if there was a clear impediment to or prohibition on a possible renewal of
the TNR program.
The Grand Jury requested a copy of the opinion from interviewees who were privy to the
document or its contents. In addition, the Grand Jury asked the County Counsel’s office
for a copy of the opinion. In every instance, those requested told the Grand Jury the
opinion is a privileged communication between the County Counsel’s office and the
Board of Supervisors and that only the Board of Supervisors has authority to release the
document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for
Grand Jury: Who was the decision maker?
Answer: “The County Counsel.”
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 29 OF 51
a copy of the opinion or alternatively for an identification of the legal authority reviewed in
studying the issue, and stated the confidentiality of the document would be maintained,
whereupon the Board of Supervisors declined to consider or include the request in its
meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has
been unable to review or assess the basis of the opinion.
During the Grand Jury’s interviews, when various levels of leadership within OCAC
asserted that County Counsel made the decision to terminate the TNR program, the
Grand Jury always expressed its skepticism and inquired as to how County Counsel, an
advisor to the County and OCAC, and only an advisor, could be making policy decisions
for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in
fact, a decision made at some level within OCAC’s leadership, or by OCCR, or by the
Board of Supervisors. When pressed, in every case, each interviewee modified their
explanation and affirmed the decision had been theirs or that they had taken part in the
decision, each taking personal responsibility for the decision.
The Grand Jury was determined to obtain documentation of the decision as it continued
to press for a copy of the County Counsel’s opinion, The Grand Jury then requested all
internal OCAC communications documenting the decision and/or order to stop the TNR
program. The Grand Jury requested departmental communications instructing staff to
stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal
shelter leadership, or animal shelter leadership to shelter staff.
Departmental communications about the TNR program are policy and procedure
communications. The Grand Jury assumed that departmental communications would
point to how and by whom the decision was made. The Grand Jury understands such
communications are public records, not privileged communications. Nevertheless, the
Grand Jury’s request for documentation was denied by OCAC with the reason that such
communications were privileged.
Coincidental to the Grand Jury’s efforts to obtain a copy of the County Counsel’s opinion,
at the end of 2022, the County Counsel’s office detached itself altogether from all
matters related to the Grand Jury’s investigation of OCAC. The County Counsel’s office
informed the Superior Court and the Grand Jury that its entire office was “conflicted” with
regard to the investigation into OCAC and would recuse itself from assisting the Grand
Jury in its investigation into all matters related to OCAC. No back-up attorney was
provided and all communications ceased.
Of note, the Grand Jury’s investigation was not an investigation of the County Counsel’s
office. Rather, the Grand Jury was investigating an Orange County agency, a client of
the County Counsel, just as every Grand Jury investigation into County agencies
represents an investigation into clients of the County Counsel. When the County
Counsel’s office recused itself from the Grand Jury’s OCAC investigation, it did not
explain or cite any specific aspect of the OCAC investigation that makes it exceptional
from any other of the ongoing Grand Jury investigations into County departments or
agencies.
Without the services of the County Counsel’s office, the Grand Jury suffered a setback in
its investigation of OCAC. The pace of the investigation slowed as time and resources
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 30 OF 51
were directed toward arranging for alternative outside counsel at the recommendation
and with the support of the Superior Court. After losing approximately six weeks, the
Grand Jury was able to engage alternative outside counsel in early February of 2023.
As of the publication of this report, the Grand Jury was not able to confirm the logic,
reasoning, or basis of the County Counsel’s opinion, or even whether in fact the County
Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury
cannot confirm whether, or who, or at what level of authority, within the County
government the decision to end TNR emanated. As a consequence, the Grand Jury
cannot verify that any such decision was ever actually made, or communicated at any
level of authority, by anyone within Orange County’s governing hierarchy and, more
importantly, why any such decision was made. The only fact the Grand Jury can confirm
with any confidence is that the TNR program was terminated in or about early 2020.
CONCLUSION
OCAC has been a source of public concern since the 1990s, with five previous Orange
County Grand Jury reports and an Orange County Performance Audit detailing troubling
conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at
the shelter still needing resolution. The Grand Jury believes that if the recommendations
included in this report are implemented:
• Internal and external communications at OCAC will improve.
• The reallocation of staffing positions within the organization, increasing the
number of Animal Care Attendant positions and employing an animal behaviorist
or trainer, will improve general animal welfare at the shelter.
• Improvements in the timely filling of staff vacancies will enhance shelter
operations and overall staff morale.
• The adoption process will be more public-friendly, leading to more adoptions.
• The behavioral euthanasia decision process will be standardized, articulated, and
documented, leading to consistent behavioral euthanasia outcomes.
• The shelter’s Policies and Procedures will be correct and up to date.
• OCAC and Orange County rescue organizations and animal advocates can work
toward mending their relations for the welfare of the animals.
• The shelter’s TNR program will be re-evaluated, reconsidered and reinstated.
• The shelter’s volunteers will be more integrated into the shelter’s personnel team
and communications.
The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is
very impressed with their sense of dedication and earnest concern for the welfare of
shelter animals.
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FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023
Grand Jury requires (or, as noted, requests) Responses from each agency affected by
the Findings presented in this section. The Responses are to be submitted to the
Presiding Judge of the Superior Court.
Based on its investigation titled, “Gimme Shelter and a Pound of Advice, The State of
Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury has
arrived at seventeen Findings, as follows:
Management:
F1 Management has limited flexibility utilizing personnel within Orange County
Animal Care across departments due to structured work rules, volunteer work
restrictions, and employees working in departmental silos.
F2 Low staff morale exists within Orange County Animal Care.
F3 Orange County Animal Care staffing is negatively impacted by vacant positions
remaining unfilled for greater than six months due to burdensome hiring
processes. This delay in recruitment and completion of hiring has resulted in
qualified candidates declining job offers.
F4 Based upon industry standards and best practices, Orange County Animal Care
kennel attendants are understaffed to meet the needs of animals under care.
F5 Orange County Animal Care’s operating policies and procedures manual is out
of date.
F6 The Orange County Animal Care Volunteer program was stopped during
COVID-19 and restarting the program has been slow, resulting in decreased
animal socialization and enrichment.
Animal Welfare
F7 Orange County Animal Care’s Behavior Evaluation Committee evaluates dogs
for euthanasia without written guidelines, policies, or procedures, resulting in
inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are
dependent on the experience and personal considerations of the individual
committee members and management rather than written objective standards.
F8 The rate of behavioral euthanasia of dogs has increased significantly over the
last 2 years.
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F9 Orange County Animal Care does not employ a professional or trained and
certified animal behaviorist to oversee the shelter’s dog enrichment program,
resulting in dogs with declining behavior being placed at greater risk of being
euthanized.
F10 While many county and city animal shelters throughout the state have active
Trap, Neuter, and Return programs, Orange County Animal Care stopped its
Trap, Neuter, and Return program, reportedly on the basis of the County
Counsel’s legal opinion that the program violates a California statute related to
willful animal abandonment.
F11 The termination of the Trap, Neuter, and Return program is correlated with an
increase in adult cat euthanasia rate at the shelter.
F12 There have been public concerns and requests expressed over the years for
public programs to include a spay/neuter program by Orange County Animal
Care.
Communication / Outreach
F13 The current adoption appointment system restricts public access to the dog
kennels, thereby limiting potential adopters’ access to all available animals.
F14 Orange County Animal Care’s engagement with some animal rescue partners is
negatively impacted due to differences of opinion in appropriate animal care
policy.
F15 Internal and community engagement does not adequately communicate the
shelter’s mission and operating strategy.
F16 The information currently on the Orange County Animal Care website for low-
cost spay/neuter is not up to date with regard to referrals and prices for
spay/neuter procedures.
Impediments to the Investigation
F17 The OC County Counsel’s office misstated to the Grand Jury the scope of its
commitment to serving and assisting the Grand Jury in its investigations into
County governance respecting managing conflicts between the Board of
Supervisors, OC departments and agency clients, and the Grand Jury.
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RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023
Grand Jury requires (or, as noted, requests) responses from each agency affected by
the Recommendations presented in this section. The Responses are to be submitted to
the Presiding Judge of the Superior Court.
Based on its investigation titled “Gimme Shelter and a Pound of Advice,
The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand
Jury makes the following seventeen recommendations:
Management:
R1 By October 1, 2023, OC Human Resource Services should review and update
recruitment strategies to significantly increase the timeliness of recruitment of
vacant positions and to anticipate vacancies due to retirement, resignations,
transfers. (F3)
R2 By December 31, 2023, Orange County Animal Care, OC Community
Resources, and OC Human Resource Services should review hiring practices to
facilitate process improvements to expedite filling OCAC vacancies. (F3)
R3 By October 1, 2023, OC Community Resources and Orange County Animal
Care should review their current staffing allocations of Animal Care Attendants
to reflect NACA guidelines and to provide appropriate staffing allocations for
animal care, feeding and enrichment. (F3, F4)
R4 By October 1, 2023, OC Community Resources and Orange County Animal
Care should review their current staffing allocations of all positions within the
OCAC and reallocate resources to increase Animal Care Attendants to reflect
NACA guidelines to provide appropriate staffing for animal care, feeding, and
enrichment. (F3, F4)
R5 By December 31, 2023, Orange County Animal Care management should
review and update policies, procedures, guidelines, and practices to assure they
are accurate and reflect current operating practices. (F5)
R6 By June 30, 2024, the Board of Supervisors should evaluate the strategic option
of creating a Joint Powers Authority for the County and fourteen contract Cities
to take ownership and shared responsibility for the financial and operating
policies and practices of OCAC. (F1 thru F16)
Welfare
R7 By October 1, 2023, Orange County Animal Care management should establish
written guidelines, policies, and procedures as standards for evaluating animal
behavior for use by the Behavior Evaluation Committee. (F5, F7)
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R8 By December 31, 2023, in the interests of transparency, Orange County Animal
Care management should add a representative from a rescue organization to
serve as a non-voting, at-large member on the Behavior Evaluation Committee.
(F7, F14)
R9 By December 31, 2023, Orange County Animal Care, OC Community
Resources, and OC Human Resource Services should hire an animal
behaviorist or certified dog trainers to work with aggressive animals to reduce
the high rate of dogs being euthanized and enhance their adoptability. (F8, F9)
R10 By December 31, 2023, the Orange County Board of Supervisors and Orange
County Animal Care management should request that County Counsel
reconsider its opinion about the shelter's former Trap, Neuter, and Return
program, or seek an independent second opinion to County Counsel’s opinion,
to ascertain whether the program can be re-established, or a modified version of
the program can be implemented. (F10, F11)
R11 By July 1, 2024, Orange County Animal Care should implement a low-cost
public spay/neuter program. (F12)
Communication / Outreach
R12 By October 1, 2023, Orange County Animal Care management should hold all-
hands staff meetings at least every quarter. (F1, F2)
R13 By October 1, 2023, Orange County Animal Care, OC Community Resources,
and OC Human Resource Services should conduct annual surveys of staff to
monitor morale and identify opportunities for operational improvement. (F1, F2)
R14 By December 31, 2023, Orange County Animal Care management should open
the shelter to the public for walk throughs to maximize opportunities for the
public to adopt animals under the care of the shelter. (F13)
R15 By October 1, 2023, Orange County Animal Care management should look for
new ways to be more inclusive and engaged with volunteers and the rescue
organizations that are necessary for the shelter’s success. (F14, F15)
R16 By October 1, 2023, Orange County Animal Care should schedule quarterly
meetings with community stakeholders to facilitate transparency and
engagement. (F14, F15)
R17 By October 1, 2023, Orange County Animal Care management should update
the information currently on its website for low-cost spay/neuter of feral cats with
regard to referrals and prices for spay/neuter procedures. (F16)
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Impediments to the Investigation
R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter,
County Counsel should provide detailed instruction about the circumstances
under which the County Counsel’s office might recuse itself from assisting with
Grand Jury investigations and the alternatives available to the Grand Jury under
such circumstances. (F17)
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REQUIRED RESPONSES
California Penal Code Section 933 requires the governing body of any public agency
which the Grand Jury has reviewed, and about which it has issued a final report, to
comment to the Presiding Judge of the Superior Court on the findings and
recommendations pertaining to matters under the control of the governing body. Such
comment shall be made no later than 90 days after the Grand Jury publishes its report
(filed with the Clerk of the Court). Additionally, in the case of a report containing findings
and recommendations pertaining to a department or agency headed by an elected
County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall
comment on the findings and recommendations pertaining to the matters under that
elected official’s control within 60 days to the Presiding Judge with an information copy
sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of
the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall include
an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report
one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented
in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the
scope and parameters of an analysis or study, and a time frame for the matter to
be prepared for discussion by the officer or head of the agency or department
being investigated or reviewed, including the governing body of the public agency
when applicable. This time frame shall not exceed six months from the date of
publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is
not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel
matters of a county agency or department headed by an elected officer, both the agency
or department head and the Board of Supervisors shall respond if requested by the
Grand Jury, but the response of the Board of Supervisors shall address only those
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 37 OF 51
budgetary /or personnel matters over which it has some decision making authority. The
response of the elected agency or department head shall address all aspects of the
findings or recommendations affecting his or her agency or department.
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code
§933.05 are required and requested from:
Findings – 90-day Response Required
Orange County Board of
Supervisors:
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12,
F13, F14, F15, F16, F17
City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 38 OF 51
Recommendations – 90-day Response Required
Orange County Board of
Supervisors:
R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12,
R13, R14, R15, R16, R17, R18
City of Anaheim: R6
City of Brea: R6
City of Cypress: R6
City of Fountain Valley: R6
City of Fullerton: R6
City of Huntington Beach: R6
City of Lake Forest: R6
City of Orange: R6
City of Placentia: R6
City of San Juan Capistrano: R6
City of Santa Ana: R6
City of Tustin: R6
City of Villa Park: R6
City of Yorba Linda: R6
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 39 OF 51
REQUESTED RESPONSES
Findings – 90-Day Response Requested
Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12,
F13, F14, F15, F16
OC Human Resources
Services:
F1, F2, F3, F4, F9
Orange County County
Counsel:
F10, F11, F17
Recommendations – 90-Day Response Requested
Orange County Animal Care:
R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13,
R14, R15, R16, R17
OC Human Resources
Services:
R1, R2, R9, R13
Orange County County
Counsel:
R10, R18
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REFERENCES American Bar Association, Tort, Trial, and Insurance Practice Section. “Report to the House of Delegates Resolution 102B.” 2017.Accessed September 30, 2022. American-Bar-
Association-TNVR-report.pdf (maddiesfund.org) American Society for the Prevention of Cruelty to Animals. “Asilomar Accords: Definitions.” 2004. Accessed January 28, .2023, Asilomar Accords: Definitions | ASPCA Association of Shelter Veterinarians “Shelter Terminology.” 2017. Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org) City of Garden Grove. “Ordinance NO. 2911”. 2019. Accessed January 28, 2023. 11-26-
19_cc_Ordinance_Amending_Animal_and_Fire_Dept_Related_Regulations.pdf City of West Hollywood. “An Ordinance of the City of West Hollywood Establishing a Trap-Neuter-Return Program for Community Cats; Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From "Feral Cats" to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA.” November 4, 2019. “California Population.” Accessed March 22, 2023. Orange County, California Population 2023 (worldpopulationreview.com) Human Animal Support Services. “Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023. Accessed March 25, 2023. Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. “Guidelines for Standards of Care in Animal Shelters. The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf (sheltervet.org). North Shore Animal League. “Did you Know?” 2011. Accessed February 24, 2023 cats-multiply-pyramid.pdf (animalleague.org) Orange County Animal Care “Strategic Plan – 2018” accessed January 28, 2023. ocac_2018_strategic_plan.pdf (stayinalivelongbeach.org) Orange County. Office of Performance Audit. “Performance Audit of Orange County Animal Care.” Final Report (#141505). Orange County California, 2015. Microsoft Word - Animal Care Report (ocgov.com) Orange County Grand Jury 2014-2015. “If Animals Could Talk About the Orange County Animal Shelter.” 2015. Accessed January 28, 2023. Shelter_Performance_V8R2_web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015. “The Orange County Animal Shelter: the Facility, the Function, the Future.” 2015. Accessed January 28, 2023. OC_animal_shelter.pdf (ocgrandjury.org).
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 41 OF 51
Orange County Grand Jury 2007-2008. “Is Orange County Going to the Dogs”. 2008. Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. “The Orange County Animal Shelter, Are Improvements Needed?” 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. “We Can do Better…Improving Animal Care in Orange County.” 2000. Accessed January 28, 2023. FINAL.PDF (ocgrandjury.org)
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APPENDIX 1
Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter
Adult Cats Euthanized
as a % of Adult Cat
Asilomar Outcomes net
of TNR Outcomes
Adult Cat TNR
Outcomes as % of adult
Cat Asilomar Outcomes
2018 Q3 23.17% 40%
Q4 17.27% 36%
2019 Q1 17.42% 41%
Q2 26.81% 49%
Q3 24.95% 47%
Q4 18.77% 31%
2020 Q1 18.08% 37%
Q2 42.65% 5%
Q3 41.67% 4%
Q4 25.50% 1%
2021 Q1 27.50% 0%
Q2 27.31% 0%
Q3 25.86% 0%
Q4 23.21% 0%
2022 Q1 21.93% 0%
Q2 30.12% 0%
Q3 24.73% 0%
Q4 26.26% 0%
Table 2 - Adult Cat Euthanasia Sample T-Test
Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes
Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022
(TNR period vs. No TNR period)
t-Test: Two-Sample Assuming Unequal Variances
Q3 2018 to Q1
2020
Q2 2020 to End
of Year 2022
Mean 20.9% 28.8%
Variance 0.001571145 0.004841058
Observations 7 11
Hypothesized Mean Difference 0 df 16 t Stat -3.0532928
P(T<=t) one-tail 0.003793173
t Critical one-tail 1.745883676
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APPENDIX 2
Table 3 - Dog Behavioral Euthanasia Rates by Quarter
All Dogs Euthanized for Behavior
as % of all Adult Dog ASILOMAR Outcomes
Dogs
Euthanized
for Behavior
All Dog
Asilomar
Outcomes
% Dogs
Euthanized
2018 Q4 8 1356 0.59%
2019 Q1 21 1385 1.52%
Q2 15 1384 1.08%
Q3 15 1522 0.99%
Q4 16 1312 1.22%
2020 Q1 13 1146 1.13%
Q2 7 701 1.00%
Q3 13 817 1.59%
Q4 13 791 1.64%
2021 Q1 8 746 1.07%
Q2 10 824 1.21%
Q3 18 868 2.07%
Q4 49 882 5.56%
2022 Q1 27 956 2.82%
Q2 44 962 4.57%
Q3 23 1143 2.01%
Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test
All Dogs Euthanized for Behavior as a % of All Dog
ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022
t-Test: Two-Sample Assuming Unequal Variances
Q4 2018 to Q2
2021
Q3 2021 to Q3
2022
Mean 1.19% 3.41%
Variance 9.40995E-06 0.000251006
Observations 11 5
Hypothesized Mean Difference 0 df 4 t Stat -3.109244662
P(T<=t) one-tail 0.017949066
t Critical one-tail 2.131846786
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APPENDIX 3
Orange County Grand Jury Animal Shelter Contract City Survey
1. How long has your city been serviced by the Orange County Animal Shelter?
a. What factors motivated the city to contract with the Orange County Animal
Shelter?
2. What Services have you contracted for the Orange County Animal Shelter?
(i.e., Shelter; Animal Control, Licensing, other)
3. What Animal control and care services does the city continue to reserve for itself or
contract out to other agencies or vendors not with the Orange County Animal Shelter?
(i.e., Control, Licensing, other)
4. How often is the city contract with the Orange County Animal Shelter reviewed and
renewed?
5. Describe any regularly scheduled processes the city has in place to review the quality of
service provided by the Orange County Animal Shelter.
a. Describe the measure or metrics the city uses when evaluating the Animal
Shelter. Please provide a copy of the last review of the Animal Shelter conducted
by the city.
b. Describe any review of the Orange County Animal Shelter and the services it
provides as part of Shelter contract review and renewal?
c. Who conducts Animal Shelter reviews for the city.
d. Are Animal Shelter reviews presented to the city council for their consideration?
6. Does your City have an appointed member of city staff to serve as liaison between the
city and OC Animal Shelter management?
a. How frequently does your city meet with the OC Animal Shelter management?
7. As it relates to the sheltering and adoption services provided by the Orange County
Animal Shelter(if any) describe your level of satisfaction or any concerns with the service
and support.
8. As it relates to Animal Control services being provided (if any) describe your level of
satisfaction or any concerns with the service and support.
9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction
or any concerns with the service and support.
10. How reasonable are the County fees for providing this service?
11. Have members of you community voiced any concern with Orange County Animal
Shelter policies or practices.
a. Please provide the Grand Jury with the any of the city’s complaint logs or records
pertaining to the Orange County Animal Shelter.
12. Are there any improvements in the service OC Animal Shelter provides or in the City’s
relationship with the Shelter you would like to see?
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APPENDIX 4
Orange County Grand Jury Independent City Shelter Survey
1. How is the shelter organized and management governance accomplished at your
Center?
2. How many cats, dogs and other animals can you shelter?
3. What services do you provide your local community?
4. How many total staff and volunteers are working or engaged with the shelter?
5. How many volunteers do you require on a daily or weekly basis?
a. Do you have adequate volunteers?
6. Do you promote spay/neuter services to the members of your community?
a. If yes, is there a cost to the individual?
7. From your perspective what are the challenges faced by your Center?
8. Does your center practice TNR (Trap Neuter Return)?
a. If no, was it ever in place and then discontinued - why?
b. If yes, how effective is the program?
9. Does your center accept healthy cats and put them up for adoption?
a. If yes, please describe the process.
10. What are the parameters that guide euthanasia at your shelter?
11. Do you have an animal behaviorist on staff? If no, why not?
12. Do you have any interaction with the Orange County Animal Shelter?
a. If yes, please describe.
b. If no, why?
13. How is adoption handled in your center? (Adoption by appointment system, open
visits, other)?
14. Do your adoption totals include totals transferred to rescues or does it apply only to
private parties?
15. Please provide statistics (attachment) for your center (intake, adopted, transferred to
shelter, euthanized, etc. by animal type for the current and past 3 years).
16. How does your center respond to complaints from the community and animal activists?
17. If tracked, please provide statistics on complaints you received.
18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years:
a. Strays
b. Relinquished by owner
c. Owner intended Euthanasia
d. Other Intakes
19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past
years:
20. Adoptions
a. Return to Owner
b. Transferred to another agency
c. Returned to Field
21. Please provide other outcomes statistics (by Cats and Dogs) for the current and 3 past
years:
a. Died in Care
b. Shelter Euthanasia
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APPENDIX 5
OCAC 4th Quarter 2022 Asilomar Report
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ABBREVIATIONS:
ABA: American Bar Association
ASPCA: The American Society for the Prevention of Cruelty to Animals
ASV: Association of Shelter Veterinarians
CDPH: California Department of Public Health
HASS: Human Animal Support Services
HSUS: Human Society of the United States
OCAC: Orange County Animal Care
OCCR: OC Community Resources
OCGJ: Orange County Grand Jury
OCHRS: OC Human Resource Services
NACA: National Animal Control Association
NGA: Non-government Organization
TNR: Trap, Neuter, Return
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GLOSSARY:
Adoption Barriers
Policies or procedures that make adoption, fostering, or volunteering a challenge.
Asilomar
Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific
Grove, California. Statistical guidelines developed from this meeting became known as
the Asilomar Accords. Participating shelters compile their own data into ‘Asilomar’
reports, publish their data, and forward their reports to Humane Rescue Alliance which
compiles nationwide animal welfare statistics.
Behavior Dogs
Dogs identified as having challenging behaviors.
Capacity for Care
Capacity for Care is an organization’s ability to appropriately care for the animals it
serves. This is based on a range of parameters including, but not limited to, the number
of appropriate housing units; staffing for programs or services; staff training; average
length of stay; and the total number of reclaims, adoptions, transfers, returns, or other
outcomes.
Community Cat
An unowned cat can be social with people or not. A “Community Cat” is an umbrella
definition that includes any outdoor, free roaming cat. These cats may be “Feral” (un-
socialized) or friendly or may have been born into the wild. Usually, a Community Cat is
a friendly cat.
Feral Cats
Feral cats are not socialized to, and are extremely fearful of, contact with people.
Typically, they do not respond well in captivity. A feral cat is typically born in
the wild or outdoors with little to no human interaction. If you attempt to get too close or
try to pet them, feral cats view your hand as a claw that will harm them and will hiss
and/or run away. Feral cats are born from other ferals or from stray cats.
Kill / No Kill
Kill / No Kill refers to a shelter’s policy respecting euthanasia. A no kill shelter will not
conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters
vary along a spectrum that reject the use of euthanasia as a primary means of
population control and health management. A kill shelter will conduct euthanasia for a
variety of reasons that include animal control, medical and population control, and
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behavior. Many municipal shelters are “kill” shelters as their mandates often include
animal control.
Kitten Season
A busy time in the animal shelter world when feral and community cats have kittens. The
season occurs during warm weather months. Also referred to as cat breeding season.
Typically kitten season is March-October but varies from place to place and in some
areas is year-round.
Legal Retention
The number of days a shelter is required by law to hold an animal for recovery by owner
prior to placing the animal for adoption, for sale, or euthanizing.
Live Outcome Types
Adoption: an animal is adopted
Return-to-Owner: an animal is returned to the custody of their human/s.
Transferred-Out: an animal is transferred to the custody of another organization.
Trap Neuter Return: an animal is returned to their habitat or community after being
treated for medical conditions, including spay/neuter.
Return to Field: putting an animal back where it was found, often as part of a TNR
program.
Live Release Rate (Asilomar Report)
Live Release Rate is the proportion of animals leaving the shelter alive to the total
number of animals leaving alive plus the number of shelter directed euthanized animals.
Live outcomes are usually achieved through adoption, reclaim by owner, transfer to
another agency or other life‐saving actions
Other Outcome Types
Died in Care: any animal who died while in the custody of the shelter, not by euthanasia.
Euthanized/Killed: any animal whose life was ended purposefully while in custody of the
organization.
Rescue Groups
Rescue Groups are often operated by a network of foster home‐based volunteers that
may or may not be associated with a standing facility. These organizations often accept
difficult‐to‐adopt animals from other shelters and may transfer them or facilitate
adoptions outside of the shelter setting.
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Return to the Field
An animal who has been returned to its home or habitat. Also referred to as relocate,
return to community, or return to wild.
Save Rate (Asilomar Report)
Save Rate is the proportion of animals leaving the shelter alive to the total number of
animal outcomes.
Shelter Types
Municipal: an organization that provides the animal care services of a city, county, or
cities or counties.
Municipal Contract: A private organization that provides contracted services for the
animal care of a city, county, or cities or counties.
Rescue without a Municipal Contract: a private organization that has no affiliation to the
city or county animal services.
Foster based Rescue without Shelter: an organization who houses all animals in its
custody in foster homes.
Sanctuary: An organization that offers animals a place to live out the remainder of their
life. Sometimes sanctuaries offer the option of adoption placement.
Animal welfare sanctuaries often offer this space for animals that have exhausted all
other local resources, as an alternative to death.
Stray Hold
The number of days a shelter must hold a stray animal before determining the outcome,
as determined by local ordinances. These vary from place to place.
TNR (Trap‐Neuter‐Return)
TNR (Trap‐Neuter‐Return) refers to an approach for managing community cats that is an
alternative to shelter impoundment. In appropriately managed TNR programs, cats are
humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the
location from where they were trapped.
TNR cats are often not taken into the custody of a spaying/neutering organization
because they generally have established community colonies to which they are quickly
returned. Community cat colonies are often under the care of a local human member of a
community.
Treatable
Treatable means dogs and cats with medical or behavioral issues that can be
rehabilitated and managed.
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Unhealthy and Untreatable
Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they
are taken into possession:
1. have a behavioral or temperamental characteristic that poses a health or safety risk or
otherwise makes the animal unsuitable for placement as a pet, and are not likely to
become healthy or treatable; or
2. are suffering from a disease, injury, or congenital or hereditary condition that
adversely affects the animal’s health or is likely to adversely affect the animal’s health
in the future, and are not likely to become healthy or treatable; or
3. are under the age of eight weeks and are not likely to become healthy or treatable,
even if provided the care typically provided to pets by reasonable and caring pet
guardians in the community.
DISCLAIMER
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code
Section 929 requires that reports of the Grand Jury not contain the name of any person
or facts leading to the identity of any person who provides information to the Grand
Jury.