Oct-23-2013 WED 11:36 AM FAX No. P. 01 August 16, 2013 The Honorable Sharon J. Waters Presiding Judge of the Superior

IPD has policies and procedures in Section 820, that establish guidelines for animal control. The police department has no written policy that establishes guidelines for supervision and operational responsibilities to run an animal shelter. The police department has not received any training on how to operate an animal shelter. Response to Fio~ing 2: Clty. . partially agmea and partially disagree. with the finding. Policy 820 contains a "Purpose and Scope" section to define the scope of Policy 820. Finding 2 indicates that Policy 820 contains guidelines for 'animal cpntrol but failed to continue that statement and indicate that Polley 820 is limited in Its purpose and scope. Accordingly, the City disagrees with this finding. Policy 820 provides guidance to on-duty polioe officers (not "animal control officers") with regard to specific situations that such on-duty police officers may encounter during the course of their duties. For example, the policy provides guidelines with regard to animal cruelty complaints, stray dogs, animal bite reports, public nuisance calls of which may be encountered by a pollee officer during his ,, regular patrol. Policy 820 Is not intended to be a policy for the supervision and/or operation of the animal shelter. Finally, while not recommended by the Report, the City has updated Policy 820 to reflect that the City no longer provides animal control as such services are now being provided by the County. As for the supervision and operational responsibilities of empl()yees, including those that work In the Care Center, there are various documents that govern such activities including by not limited to (i) the Indio Police Department Polley Manual; (ii) the memorandum of understandings for the various employee groups; and (iii) the job desctiptions maintained by the City's Human Resources Department and which can be found on the City's website. While the City agrees that there is no written policy regarding guidelines for supervision and operational respor:l&ibilities specific to the animal shelter, there is no legal requirement to do so outslcte: of the ~xistlng policies and protocol that govern the chain of command In. the Police Department and the Polley and Procedures Manual regarding the Care Center's operation. Tt\e persons who are I' ' r , " OCT-23-2013 WED 11:37 AM FAX NO. P. 03 :, ,j The Honorable Sharon J. Waters August 16, 2013 Page3 assigned to the Care Center have previously received training and participate in ongoing training regarding operation of the animal shelter.

The shelter has failed to maintain accurate records for animals. Upon review of records provided to the Grand Jury, It became apparent that some information was inaccurate, missing, incomplete, or obviously fabricated. These Included monthly impound reports, intake cards, and euthanasia records. The shelter has recently implemented a tracking system called "Chameleon". Not all employees have been trained on this new computer software. According to California Food and Agricultural Code Section 32003: All public pounds and private shelters shall keep accurate 1'9C0rds on each animal taken up, medically treated, or impounded. The records shall include all of the following information and any other infdi"rriation required by the Callfomia Vetennary Medical Board: (a) The date the animal was taken up, medically treated, euthanized, or impounded. (b) The circumstances under which the animal was taken up, medically treated, euthanized, or Impounded. {c) The names of the personnel, who took up, medically treated, euthanlzed, or impounded the animal. (d) A description of any medical treatment provided to the animal and the name of the veterinarian of record. (e) Th(!J final disposition of the animal, Including the name of the person who euthanized the animal [sic] of the name and address of the adopting party. These records shall be maintained for three yeats after the date the animal's Impoundment ends. to Response Finding 3: City partially agrees and partially disagrees with th• finding. The City conducted an Internal audit of the Care Center's intake forms in the fall of 2011 and based on that audit agrees that the animal intake forms were not always property completed and at times Inadequate. In addition, there were instances when the· intake forms where requested by members of the public and the City redacted the name and addresses of the adopting party out of concern for their privacy and as ·a i~Wed by the California Public Records Act. · As for the process, all forms were being processed manual1y and there was no in electronic record keeping and such ·a practice was not keepinQ conformance with industry standards. Aceordingly, the Cjty invested public funds to purchase and Install an effective animal information management system (Chameleon CMS) to provide a means to track all the data associated with the animals In the City's care. All appropriate staff were trained on the Chameleon system prior to the City's transition of animal services to the County and therefore the City disagrees with the finding that not all employees were trained to use the Chameleon system. The City also disagrees with the blanket finding that records were "obviously fabricated." Training was also provided P. OCT-23-2013 WED 11:37 AM FAX NO. The Honorable Sharon J. Waters August16,2013 Page4 by the City Attorney's office with respect to the requirements of the Hayden Act and the requirement for accurate recording keeping under California Food and Agriculture Section 32003. Elnding 4: Sworn Testimony revealed the following: • Some animals were deprived of food, water, and shelter from the elements. • Some animals were placed in cages without being given food or water. • During the hot summer months, the animals were not given fresh water on a consistent basis; when fresh water was given, it was placed in dirty bowls. • The water bowls were too large for small animals to access. • Small dogs were Inappropriately being fed large size dog food that they were unable to chew. • Food on the floor was observed to be mixed in with feees. • Bedding was found to be wet and maggot-Infested. • During inclement conditions, outside kennels were not checked on a regular basis. • Some cages in the quarantine area had ticks. • A dog was observed with matted hair and sores on Its hindquarters . • There was not a proper cleaning procedure for the cages. • When cages were cleaned with disinfectant, the solution was not properly diluted, which caused chemical burns to the animals paws. As stated by Penal Code §597e: Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall supply it during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof is guilty of a misdemeanor. In case. any domestic animal is. at. any time so impounded and continues to be ·without necessary food and water for more than 12 consecutive hours, if is lawful for any persdn, from time to OCT-23-2013 WED 11:37 AM FAX NO. P. The Honorable Sharon J. Waters August 16, 2013 Page5 time, as may be deemed necessary, to enter into and upon any pound In which the animal is confined, and supply it with necessary food and water so long as it remains so confined. Such person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the animal Is subject to enforcement of a money judgment for the reasonable cost of such food and water. . As stated by Civil Code § 1834: A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrltlon, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as pmvided by law. Response to Flndlna 4; The City responds to each statement stated in the report as "sworn testimony'' as follows: • Some animals were deprived of food, water, and shelter from the elements. • '+ I The City disagrees and d•nies such statements absent evidence to support the allegation that animals were deprived of food, water and shelter from the elements. Animals are provided food, water and shelter and exterior kennels are covered and are equipped with misting systems. The City takes such allegations $8rlously and finds the references to the criminal penalties and civil remedies objectionable In that it is unclear what their inclusion in the report is supposed to mean and/or Imply with respect to the City. • Some animals were placed in cages without being given food or water. The City disagrees and denies such sta~ments absent evidence to support the allegation that animals were placed In cages without being given food or water. Animals are provided food and water. The City takes such allegations seriously and finds the references to the criminal penalties and civil remedies objectionable in that it is unclear what their inclusion in the report is supposed to mean and/or imply with respect to the City. • During the hot summer months, the animals were not given fresh water on a consistent basis; when fresh water was given, it was placed in dirty bowls. OCT-23-2013 WED 11:37 AM FAX NO. p, 06 The Honorable Sharon J. Waters August 16, 2013 Page6 The City disagrees and denies such statement. The ACCOI is equipped with a dish washer and bowls are washed daily. Animals are provided with fresh water on a consistent basis during the day. • The water bowls were too large for small animals to access. The City agrees with the statement in that an observation and a statement was made to an Animal Control Officer that small animals were having a difficult time drinking water from bowls placed on the ground. The ACCOI had City facility maintenance staff consult with the ACCOI to brainstorm on various solutions with regard to dispensing water to the animals vis-a-vis hangrng water bowls and/or buckets. Ultimately, some water bowls were hung on doors and in other areas; larger water bowls were placed in the kennels depending on the animal to suit their needs. In addition, a staff meeting was convened to discuss the proper procedure and placement of water bowls and/or iJ buckets • Small dogs were inappropriately being fed large size dog food that they were unable to chew. The City disagree• and denies such etatement ACCOf Staff, however, did determine that volunteers were smuggling in inappropriate food items In contradiction to the direction provided by the ACCOI staff to such volunteers with regard to feeding the animals. Small animals were given soft can food to eat because of their Inability to chew the dry food being given to larger dogs. During a short period of time in early 2012 ACCOI Staff observed animals were developing severe cases of diarrhea, which ACCOI Staff later discovered that this was being caused by volunteers feeding animals treats donated to the volunteers. • Food on the floor was observed to be mixed in with feces. The City partially agrees and partially denies this statement as follows: At times animals confined to a kennel would knoek over their feeding bowl~ and thus food was in the areas where the animal may have just defecated or urinated. When this was observed by ACCOI staff, it was remedied Immediately. • Bedding was found to be wet and maggot-infested. The City partially agrees and partially denies this statement as follows: The City agrees that the issue of bedding found to be wet was identified by a volunteer shortly after the misting system was installed at the ACCOJ on or about August 2012. The City discovered that at times bedding did become dampened and/Wet solely due to the misting system. When this issue was identified, ACCOI staff removed the bedding and the misting system vendor was contacted to adjust the misters to prevent continued OCT-23-2013 WED 11:37 AM FAX NO. P. The Honorable Sharon J. Waters August 16, 2013 Page7 dampening of bedding. Once the adjustments were made by the vendor, the dampened bedding Issues were corrected and ACCOI staff never saw or was made aware of any maggot-Infested bedding. • During inclement conditions, outside kennels were not Checked on a 'I regular basis · · l' ,, ! The City disagrees •nd denies such etatement. Outside kennels are monitored, checked and cleaned on a regular and daily basis. • Some cages In the quarantine area had ticks. The City partially agree• and partially denies this statem•nt as follows: When stray animals were brought into the shelter and were found to have ticks, the animal as well as the kennel was sprayed with tick spray. Animals were also treated with "Frontline" tick guard. Accordingly there may have been cages that contained ticks but did so from the animal in that cage. • A dog was observed with matted hair and sores on its hindquarters. The City agrees with the statement as follows. In the summer of 2012, a dog was turned Into the shelter which had been abandoned by its owner. This dog's hair was matted and had sores around Its neck where some type of collar was used to restrain the animal. As indicated by ACCOI Staff, It was clear the animal's hair had been neglected by its owner as were the sores. An Animal Control Officer was approached by a volunteer who asked the Offacer why the ~nimal was no~ eufl.laoized because it was suffering. The Animal Control Offic$r lnfomied the volunteer that the animal was not suffering but needed to be groomed In order for the sores to heal. The dog was transported to Desert Dunes Veterinarian Hospital to be treated for the sores around the neck and to be groomed. Once the sores healed, the animal was adopted to a forever home. As with all animals brought into the shelter, any grooming issues are taken care of by the City's volunteer groomer or the animal Is transported to Desert Dunes for grooming as appropriate. • There was not a proper cleaning procedure for the cages. The City disagrees and denies such statement Cleaning procedures currently conducted at the shelter is the Industry standard and staff from Inland Valley Humane Society instructed staff on the proper cleaning of kennels. Also, additional training concerning cleaning procedures were conducted in November of 2012 by the City's MEREK representative. Adjustments are made when any issues are raised with regard to the cleaning procedures. • When cages were cleaned with disinfectant, the soluti9n was not properly diluted, which caused chemical burns to the animals paws. ,, OCT-23-2013 WED 11:38 AM FAX NO. P. The Honorable Sharon J. Waters August 16, 2013 PageS The City partially agrees and pa,..lly dlsagre8$ with the •••ment as follows: In the summer of 2012, two volunteers notified ACCOI staff tfiat they noticed what appeared to be a rash on the under bellies and paws of several small dogs. The small dogs were transported to Desert Dunes and with the assistance of the veterinarian and ACCOI staff, it was determined the rash was the result of improperly mixing the cleaning solution at the shelter. Further review revealed that one of the staff members had removed the spray nozzle which connected the cleaning solution bottle with the spray hose used during the cleaning process and this allowed solution to be sprayed at high concentrations than what is recommended. Once the employee was retrained and the nozzle replaced, no other issues with respect to rashes were detected in the animals. Accordingly, this has been corrected and at no time has the ACCOI used caustic or chemicals to clean the kennels and the City disagrees with the blanket statement that when cages were cleaned with disinfectant, the solution was not properly diluted which caused chemical burns to the animal paws. Moreover, staff has continually updated its training on proper and industry standard requirements for cleaning the kennels. As stated by Penal Code §597e: Any person who impounds, or causes to be Impounded In any pound, any domestic animal, shall supply it during such confinement with a sufficient quantity of good and wholesome food and water. and in default thereof is at guilty of a misdemeanor. in ease any domestic animal is any time so impounded and continues to be without necessa,Y food· and water for more than 12 consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon' any pound in which the anima/Is confined, and supply it with necessary food and water so long as it remains so confined. Such person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the animal Is subject to enforcement of a money judgment for the reasonable cost of such food and water. As stated by Civil Code § 1834: A depositary of living animals shall provide the ·animals· with necessary and prompt veterinary care, nutn1ion, and shelter. and treat them kindly. Any depositary that falls to perform these duties may be liable for civil damages as provided by law. The City has no comments with regard to the restatement of the Penal Code and Civil Code other than to agree that this is language of the Penal COde and Civil Code. '. Finding~: Upon review of the shelter's incomp~te intake cards, the G.:and jt.J(y discovered some animals were sent for euthanasia prtl:)r to the legal holding tirne ~lratlon date. Also, OCT-23-2013 WED 11:38 AM FAX NO. p, 09 The Honorable Sharon J. Waters August 16, 2013 Page9 the shelter has sent adoptable animals for euthanasia without reasonable efforts to find them suitable homes prior to expiration of the holding period. According to California Food and Agriculture Code §31108(a): The required holding period for a stray dog Impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the dog available for owner redemption on one weekday evening until at lea$1 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. Response to Finding 5: The City partially agrees and partially disagree& with the finding. The City agrees and understands from its own review that some animals were euthanlzed prior to the legal holding time. However, since new administration took oversight of the ACCOI in October 2011, animals that exhibited signs of illness or disease were taken to Desert Dunes Hospital and the determination of whether any animal should be euthanized was made by hospital personnel. Since October 2011, no euthanizatlon of animals has occurred within the ACCOJ or by ACCOI staff. EIQdlng 6; , The shelter does not have a Premises Permit Issued by the Department of Consumer Affairs Veterinary Medical Board. Shelter employees are diagnosing, prescribing and administering medications or medical treatment without veterinary supervision. Some animals were given medications that were not prescribed for that particular animal by a veterinarian. Some animals, which appeared to be sick, were given unused medication previously prescribed by the veterinarian for another animal. California Business and Professions Code §4825 reads: It is unlawful for any person to practice veterinaty medicine or any branch thereof in this state unless at the time of so doing, such person holds a valid, unexpired, and unrevoked license as provided in this chapter. California Business and Professions Code §4826 reads: ' . A person practices veterinary medicine, surgery, a~ denti$try, and the various branches thereof, when he or she does any one of the following: (b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the ,l ·, prevention, cure, or relief of a wound, fracture, bodily in}uty, or disease of animals. OCT-23-2013 WED 11:38 AM FAX NO. P. The Honorable Sharon J. Waters August16,2013 (c) Administers a drug, medicine, appllancf, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily in}Uiy, or disease of animals, except where the medicine, appliance, application, or treatment is ad"1inistered by a reglskir6d veterinary technician or a veterinary assistant at the direction· of and under the direct sdpervislori of a licenstid Vflte('inarian subject to Article 2.5 (ccimmencing with. Se'Ction 4832) or where the drug, including, but not limited to, a drug that is a controlled 6ubstance, is administered by· a registered veterinary technician .o r a veterinary assistant pursuant to Section 4836. 1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized, by regulation of the board. California Business and Professions Code §4853 reads: (a) All premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof i6 being practiced shall be registered with the board. The certificate of registration shall be on a form prescribed in accordance with Section 164. (b) "Premises" for the purpose of this chapter shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board· wiJen :thfly are operated from a building. or facility which I~ .t h~ ·Jicensee managers principal place of business and fhe building is registered with the b~fcl. and the registration ldenllf!~s and dec/area the use of the mobile unit or vehicle. (a)' Every application tor reglstra(ion of veterinary premises shall set forth in the application the name of the responsible licensee manager who is to act for and on behalf of the licensed premises. Substitution of the responsible licensee manager may be accomplished by application to the board if the following condltiona are met: (1) The person substituted qualifies by presenting satisfactory evidence that he or she possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension (2) No circumvention of the law is contemplated by the substitution. Reaponu to Finding 8= The City partially agrees and partially disagreea with the finding. The City agrees that It does not have a premises permit and that in the past 'the City is under the I\ OCT-23-2013 WED 11:38 AM FAX NO. P. The Honorable Sharon J. Waters August 16, 2013 impression and belief that ACCOI staff members that are. no longer employed by the City may have administered medlcatl.on to animals In possible contravention of the Food and Agricultural Code. However, since new administration took bversight of the ACCOI In October 2011, no medications have been administered to animals by ACCOI personnel. According to the Veterinary Medical ~oard of the State of California, the Medical Board has stated that animal control shelters are mandated to provide '"'necessary and prompt veterinary medical care to animals housed In an animal control shelter" to care for adoptable animals and protect the public good. The Medical Board further states that n "necessary and prompt" veterinary medical care provided by public shelters to protect the public good without a California licensed veterinarian present is limited to basic care to prevent the spread of disease and to protect the public and the animals, such as vaccinations and prophylactic treatment of parasites within protocols developed in conjunction with a veterinarian. Accordingly, the ACCOI has continued to provide vaccinations which do not require the issuance of a premises permit, is considered to be within the scope of the City's mandate to provide necessary and prompt" medical care and is not considered to be an activity that falls under the practice of veterinarian medicine. See, htto:/lwww.ymb.ca.gov/licensees/shelter fags.sfltoJI. Accordingly, the City disagrees that current employees are diagnosing, prescribing and administering medications or medical treatment without veterinary supervision.

~-";:{:-~ '2 1 Sworn testimony indicated that volunteers have been under-utilized. Management discouraged Input from volunteers such as suggestions for improvement for shelter operations. Volunteers who expressed concerns were terminated_ Response to Finding 11; The City disagrees with the finding. The City has coordinated a number of activities In relation to volunteers at the ACCOI and has utilized volunteers as appropriate. For example, numerous meetings were held with volunteers, the number of volunteers increased exponentially over the past 18 months, the processing of .volunteer applicants was enhanced and a volunteer manual was drafted and ,i mplemented Including job descriptions and training for volunteers. Vol~n~.~rs activ"IY: p~.·. rtr.t~ l.i..~ ~ in adoption and fund raising events and the City eytn recru~d a well res~ecttijfifilember of the local press as a volunteer. The voluntee~ that were separated·ttom tfle''program during the past 18 months were released for failing to comply with .t he program requirements, to which all volunteers voluntarily agr~ abide such requirements.; It should be noted l 'l that volunteers are not employees ~nd as such do not have any Qf the rights of public I employees with regard to their service. ·

The City has received a request for proposal (RFP) to have shelter services contracted to the Department of Animal Services of Riverside County. By acceptance of the RFP, there could be a potential savings to the City of approximate1y $200,000 per year. Testimony from City Officials stated that the City can no longer continue to pay for an outdated shelter that needs renovation, nor can they afford to build a new facility. The current facility is approximately fifty years old. Due to the size and age of the building, It cannot safely or humanely accommodate the animals in their care. The estimated cost to replace the facility is approximately $9,000,000. Response to Flndjng12: '.' I .• ;; I· OCT-23-2013 WED tt:39 AM FAX NO. P. The Honorable Sharon J. Waters August 16, 2013 Th• City partially agrees and partially disagrees with the finding. The City agrees that it received an RFP for shelter services from the County and that by contracting with the County there would be a small •avings per year. The City also agrees that shelter ; ! facUlty is approximately 50 years bid and needs to be renovated and there Is no identified funding stream for a new facility. The City agrees that estimated costs to replace the facility can be between $4 million and $9 million. This estimate is based on a comparison to the recently constructed animal shelter in the City of Palm Springs as well as input from the Cot.Jnty of Riverside, Department of Animal Services. There Is a range because the amount depends on the purpose of the facility-that Is whether the facility will be an adoption center only or will be an intake center and shelter facility. The City disagrees that due to the size and age of the building that it could not safely or ht.Jmanely accommodate the animals fn Its care. The shelter could be utilized but requires to be enhanced to maintain the animals in the manner the City desires. B. Recommendations In response to the recommendations from the Grand Jury, as of July 1, 2013 the Riverside County Department of Animal Services ("County") has assumed full animal control, sheltering and adopting services for the City. This means that the City no longer responds to calls for animal control services, no longer takes any stray or Injured animals to the ACCOI, etc. As previously stated, the City is winding down its ACCOI operations and at the present time is adopting out the remaining 18 animals in the shelter. With that in mind, the City is cogniZant of Its responsibility under Penal Code Section 933 and Penal Code Section 933.05(b) to respond on the findings and