Report Adds Urgency to Animal Care Talks

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Created on Friday, 14 February 2025 15:53

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By GARLAND KENNEDY

Sentinel Staff Writer

Negotiations between the city and the nonprofit Friends of the Animal Shelter on shelter policy are close to fruition in an ongoing effort to ensure consistent management and avoid a breakdown of communication such as occurred over the summer.

The city and the Friends group are “very close to finalizing” a new memorandum of understanding on shelter operation, FOSAS Board President Kristina Tirman reported this week.

Negotiations are aimed at preventing a re-occurrence of the crisis that came to a head last July 26, when animal control officer Olivia Magni barred members of the Friends organization from the shelter, where they provided services as unpaid volunteers. A month later Magni was injured in an outdoors accident and didn’t return to work. As a result, Sitka Police Department personnel took over shelter operations, and continued Magni’s policy of keeping FOSAS out of the shelter.

The clash between the volunteers and the city got worse when it became known that the police had euthanized the four cats and two dogs that were in the shelter when Magni left. Reacting to the public outcry, the city launched an investigation in December.

The resulting document became public this month as a result of a Freedom of Information Act request to the city by KCAW Raven Radio. City Administrator John Leach sent the report to Assembly members on Feb. 9, through municipal attorney Rachel Jones.

On September 5, a police officer shot and killed the shelter’s four remaining cats, Verstovia, Ford, Lupine, Mia, the report said.

“The euthanasia was carried out outdoors at the CBS’ (City and Borough of Sitka) Granite Creek facility by Lt. (Jean) Achee as directed by Chief (Robert) Baty, who was present,” the investigation reported.

On September 13, Lt. Achee, again supervised by Chief Baty, shot the shelter’s two remaining dogs, Nieda and Romeia, behind the Jarvis Street shelter, the report states.

The shelter operates under city ordinances and state statutes, and the investigation concluded that euthanizing animals by gunshot is within the law. Sitka municipal code requires licensed dogs to be held for at least five days, and unlicensed dogs for no fewer than three days, before they can be put down. Unlicensed animals are to be “held for adoption for a reasonable period at the discretion of the animal control office. Before destroying an animal, the animal control officer shall make reasonable efforts to promote the adoption of the animal,” Sitka code 8.05.040 states.

“Our operations have not changed,” Chief Baty told the Sentinel in November. “... A certain measure of the public thinks that we’re just indiscriminately killing animals, and that, all of a sudden, this new policy came up and they keep feeding off of that, and none of it’s true.”

The report on the city’s investigation concludes:

“The lack of transparency, consultation, and clear policies regarding shelter operations contributed to significant public concern and eroded trust between CBS, SPD, FOSAS, and the public.”

The issue landed on the public radar at an Assembly meeting in October, at which many Sitkans testified in favor of the Friends of the Animal Shelter, and expressed anger over the euthanization of all of the animals in the shelter when the police took over.

Tirman said she hopes the new MOU can prevent similar situations in the future.

“We believe we are close to an agreement that will ensure this tragic situation cannot happen again… We are looking forward to working with the new animal control officer, April Wheldon, who we have worked closely with over the years in her prior role at Pet’s Choice Veterinary Hospital,” Tirman said.

Wheldon has yet to take up the ACO position, though she has accepted the job and plans to begin work there later this month, staff at Pet’s Choice confirmed on Thursday.

Learning that the four cats and two dogs were killed by gunshot, Tirman said, added pain to an already difficult scenario.

“We are devastated by the findings of the investigation confirming the methods used to euthanize the six shelter animals. We believe this outcome was unnecessary, unethical, and entirely preventable,” she said. “We are glad an investigation was conducted and relieved to finally have answers after more than five months of asking.”

The city investigation states that the shooting of the animals was within American Veterinary Medical Association guidelines, which permit for euthanasia by gunshot under certain circumstances. However, the AVMA does not recommend the use of firearms on shelter animals.

“Gunshot should not be used for routine euthanasia of animals in animal control situations, such as municipal pounds or shelters,” AVMA guidelines say.

One of Sitka’s local veterinarians, Dr. Toccoa Wolf, said these guidelines are established in the profession.

“The use of firearms is generally limited to urgent circumstances where no safer or more humane alternative is feasible,” Wolf told the Sentinel, “such as when large or free-roaming animals are severely injured or in remote areas. In a shelter setting where trained personnel and veterinary support are typically available, the guidelines do not consider gunshot a standard method.”

Like Tirman, Wolf hopes to see changes in shelter management as soon as possible.

“The community’s response should include thorough discussions about how we can prevent something like this from happening again,” Wolf said. “The police play an essential role in public safety, but they shouldn’t be solely responsible for day-to-day shelter operations and difficult euthanasia decisions… My advice is to shift the responsibility for shelter operations to a team of dedicated animal care professionals, working alongside animal control. Our police officers have important jobs that already demand a wide range of expertise, and expecting them to handle all aspects of animal welfare is both unfair and ineffective.”

The agreement FOSAS and the city are negotiating will replace the nonprofit’s original MOU, signed in 2022.

“The negotiations have been challenging,” Tirman said. “This is a difficult topic to discuss and it’s become even more clear during the negotiations just how different our views are regarding animal welfare. While it’s taken a lot of discussion and compromises from both sides, we believe we have come to an agreement that will ensure this tragic situation cannot happen again.”

“This MOU is meant to serve as a short term solution to get us through the next six months to a year while we work with the Assembly and the community on a long-term plan that reflects public input and values,” Tirman told the Sentinel Thursday. “This temporary MOU will allow us to get volunteers back in the building for regular shifts to provide daily care and will set clear roles and expectations for animal care and shelter operations moving forward.”

     FOSAS board secretary Dusty Kidd said major changes are needed in how animal control works in Sitka.

“The release of the investigation report reinforces the need for systemic change in the (city) code, and the need for the city to underwrite a sustainable shelter operation that not only reflects our community values… but also aligns us with modern practices and the shelter operations of other Alaska communities,” Kidd said.

Rhea Ehresmann, FOSAS board vice president, hopes to see the shelter guided by “a more sustainable, compassionate, and community-driven approach. Ultimately, accountability and follow-through on the recommendations in the report will determine whether this investigation leads to meaningful change.”

The investigation recommends a new MOU between the city and FOSAS that delineates responsibilities, and that will  “establish explicit guidelines for euthanasia decision-making, including consultation with a veterinarian when feasible.”

The city, as stated in the investigation report, also aims to improve communications and issue public notices regarding shelter policies.

In the longer term, the document states, the city is looking to transfer the shelter via lease to FOSAS.

The report of the investigation concludes with the recommendation that the negotiating parties “evaluate the feasibility of transitioning shelter management to FOSAS under a lease agreement… Explore funding options for enhanced shelter operations and animal welfare programs.”

While the new MOU isn’t finished and hasn’t been made public, it’s scheduled to go before the city Assembly for a vote on Feb. 25.