Chapel Hill Herald November 6, 2003 Comment: Hard to believe. She is VERY fortunate; others have reported very different experiences with animals "lost" at the shelter. ------- Letters to the editor aps went above and beyond call of duty Despite all the public criticism of Chapel Hill aps and Laura Walters, the team over there continues to do their excellent work for the animals. This came off a rescue group e-mail today: So that everyone will know -- Baby is no longer lost and is back with her owners. Someone picked her up in Apex and she was taken to the Orange County Shelter. The shelter knew where the person found her so the shelter checked the lost ads and found Baby's owner that way!!! YEH!!! This is above and beyond the call of duty. With the hundreds of animals coming through aps monthly and all the work they have to do, someone still took the time to check the newspaper and find Baby's owners. If they hadn't, Baby might not have ever found her way home. Microchipping would have saved her, but she wasn't chipped. Cathy Nakayama Chapel Hill ________________________________________________________________ Chapel Hill Herald November 8, 2003 3 propose to run animal shelter aps, the current operator, Humane Society and a Calif. firm submit bids CHAPEL HILL -- Three organizations would like to run Orange County's animal shelter. The Animal Protection Society of Orange County, the Humane Society of Orange County and Animal Care Equipment & Services have submitted proposals to the county to run the shelter, which is off Airport Road in Chapel Hill. Orange County officials have not yet released the proposals, which include details on each proposed management team and its qualifications, references and a monthly lump sum the bidders would require for the services included in the proposal. At this point, little is known about the potential operators. Animal Care Equipment & Services is a 15-year-old California-based company whose mission is to "support those who care for animals." The regional Humane Society office only had listings for aps and the county animal control as its Orange County contacts. aps, the current shelter operator, will run the shelter until the end of the year, and could stay on if its bid is successful. "We tried to submit as strong as possible of a bid as we could," said Ann Petersen, president-elect of the aps board. Orange County owns the shelter, but it pays the aps about $429,000 a year to run the facility. Later this month, county commissioners are expected to choose an interim operator to run the shelter through June 30, the end of the fiscal year. The interim operator is not assured of managing shelter operations beyond June 30. The bid process began after the aps sought an additional $10,636 a month, a sum the groups officials said they needed to continue operations. In September, the organization's board told county officials that if additional funding wasn't forthcoming by Oct. 1, the aps would cede responsibility for shelter operations to the county or another agency by the end of the year. Last month, the commissioners denied the aps' full request and decided to accept bids for an interim shelter operator. They did allot the organization an additional $4,229 a month through January, and aps officials have said they'll continue running the shelter. Last month, aps Executive Director Laura Walters and Associate Director Darra Das announced their resignations, which take effect Friday. Walters' 18-month tenure as executive director was marred by a lawsuit and public criticism from local activists. She took the post in March 2002, replacing longtime aps director Pat Sanford. Volunteers plan to gather at the shelter at 6:30 p.m. Wednesday in support of aps' bid. "We're hoping we'll be the successful bidder since we have the trained staff ... and all the resources that the county needs," said Susan Cooke, a three-year aps board member who has been named the organization's interim director. The aps has a Monday interview with county officials that's part of the bidding process. "The staff was real supportive of putting together the bid response and are very excited," Cooke said. "We're very much looking forward to the process." ________________________________________________________________ Chapel Hill News November 9, 2003 APS chooses interim shelter director Appointment made in time for inclusion in a proposal CHAPEL HILL _ The Animal Protection Society of Orange County has named a board member with substantial community relations experience as its interim director. Susan Cooke took the role Nov. 3 and will serve until Dec. 31. Cooke has been an animal shelter volunteer for six years and a board member for three. She resigned her board membership to take on the interim directorship. The former executive director at APS, Laura Walters, announced her resignation Oct. 27 and will leave the shelter Friday. She was hired as APS development director in January 2001 and became director in March 2002. Her directorship was marked by considerable public criticism and ongoing legal battles. Cooke's willingness to take on the interim directorship made it possible for APS to submit a bid to Orange County to continue running the county animal shelter for the first six months of 2004. The county's request for proposals specified that applicants must include the resumes of potential management teams. Bids were due Nov. 4. County commissioners will discuss the proposals Nov. 18. Gwen Harvey, assistant county manager, said the county had received three proposals by the deadline last week. Aside from APS, the Humane Society of Orange County, based in Chapel Hill, and Animal Care Equipment and Services, based in Crestline, Calif., also submitted bids. Harvey declined to give contact information for the latter two organizations. The Humane Society is not listed in the local phone directory. Cooke said that she and two shelter staff members plan to meet with county representatives Monday morning to discuss their proposal. She declined to specify who else would be part of the shelter management team if the county accepts the APS bid. Cooke said she does not anticipate applying as permanent APS director because she doesn't have shelter management experience. She said she expects the hiring committee will search for a permanent director with that background. She acknowledged that Orange County could see her lack of shelter management training as a shortcoming in the APS bid. "It could go either way," Cooke said. "The county knows our recent experiences. Our board met to decide on submitting a bid the same day we received Laura Walters' resignation. The county could see (the lack of a permanent director) as a deficiency in our proposal or as an opportunity. "If we are successful bidders, we can work in cooperation with the county in selecting a candidate they could back." Cooke became involved with APS six years ago as a volunteer in the dog-training program. She started volunteering at the shelter as an adoption counselor about four years ago. On the APS board, she has been part of committees dealing with the capital campaign, bylaws and the shelter. She has fostered 20 dogs and 12 cats and continues be active in the APS foster program. According to information released by APS, Cooke has more than 25 years' experience in public information, communication, marketing, and program management. She is a real estate agent at Prudential Carolinas Realty in Chapel Hill, and she plans to continue that work. Cooke has been involved in communications, fund-raising and special events planning for organizations including United Way and the APS. Cooke said Friday that her public information and community relations background was a key reason she was chosen as director. She said she offered to take on the role for the interim period because this is a realtor's slow season, she knows the staff well and she believes she could work through whatever transition may be ahead for APS over the next six weeks. Besides taking a role in the APS bid to continue running the shelter, Cooke will oversee day-to-day shelter operations and work to retain staff members. "We're excited about the bid," she said Friday. "We worked long and hard on it, and we feel comfortable the county will have the opportunity to look at the bid in a positive way. We've put our best effort forward to meet their needs and those of the animals of the county. We hope they'll look on it favorably ________________________________________________________________ Chapel Hill Herald November 12, 2003 Note: The Chapel Hill News reported the HSOC bid as $60,703 but this was in error due to a miscommunication. This amount was the total budget, not the amount that Orange County is required to pay. Humane Society has lowest shelter bid CHAPEL HILL -- The 43-day-old Humane Society of Orange County, composed of a few former workers from the county animal shelter, has submitted the lowest bid to run the shelter on an interim basis. Orange County owns the shelter off Airport Road but pays the Animal Protection Society about $429,000 a year to run the facility. The APS, however, has come under fire for more than a year over its management of the shelter. Last month, the commissioners denied the full request by the APS for an additional $10,636 a month and decided to accept bids from groups vying to serve as interim shelter operator. Three organizations submitted proposals, the lowest of which was $43,354 per month and submitted by the Humane Society of Orange County. The group was formed Oct. 1 with plans to submit a bid to run the shelter. The highest bid, of $76,730 per month, came from California-based Animal Care Equipment and Services (ACES). The APS is the third bidder, falling in the middle with four different funding scenarios that range from $47,000 to $53,875 a month. Former APS board member Susan Cooke is the shelter's interim director following the announcement last month that executive director Laura Walters and associate director Darra Das would be resigning. Their resignations will be effective Friday. Walters took the post in March 2002, replacing longtime APS director Pat Sanford, who now is one of six directors on the Humane Society's board. But her 18-month tenure as executive director was marred by criticism and by a lawsuit filed by local activists. The Humane Society has proposed hiring Dean Edwards as the shelter's new director. Edwards served as Orange County's associate shelter director for 3« years before leaving to become APS director in Durham. However, he left the Durham post in December over what he called "philosophical differences." He declined to elaborate further. Edwards said he looks forward to the commissioners' decision about the post. He also said that he believes the Humane Society collectively has the most experience in dealing with shelter operations. "We look at it as an exciting opportunity to serve the animals better, to serve the people of Orange County better and to help the Orange County government in this interim period," he said. "What we are saying is the shelter operation will be improved, it will get back toward being one of the finest shelters in the state of North Carolina, as was its past history before everything that's gone on," he said. "Whether we continue, whether another organization comes in or the county takes over, it's going to be a much improved operation and literally a turnkey operation where anyone can take over." In September, the APS's board told county officials that if additional funding wasn't forthcoming by Oct. 1, the agency would cede responsibility for shelter operations to the county or another agency by year's end. The APS's fund-raising abilities have been severely hampered over the past year as a result of public criticism and a lawsuit filed by local activists. However, APS officials said they still want to run the shelter. "I sure would like to have that bid," said Pat Beyle, APS board president. "We've got an awful lot of volunteers and staff who are truly, truly going after this bid vigorously and would like to continue to do our work with the animals, and we would like to work with the county. We went for it vigorously. The ball is in the county court now." Under the ACES proposal, the organization's vice president of services, Nicholas Gilman, who has 18 years of experience working with animals nationwide, would head the interim management team. "We're an organization that provides management consultation and evaluation services and temporary executives for humane societies, so it was a natural for us, we've done this sort of thing before," Gilman said. While the APS and the Humane Society both have expressed an interest in running the shelter on a long-term basis, the ACES group is only interested in the interim contract, Gilman said. "We're not an organization that is in the business of running animal shelters for long periods of time, but we can certainly step in for anywhere from a period of weeks or months if necessary," he said. ________________________________________________________________ Chapel Hill News November 12, 2003 Comment: The figure given below ($60,373) for the HSOC bid is actually the proposed budget amount; The proposed County payment is $42,366, with the remainder of the costs coming from income generated by shelter operation. --- County to review 3 bids for shelter One of the bidders, a recently formed Humane Society of Orange County, involves former APS shelter director Pat Sanford. CHAPEL HILL -- Three bidders have submitted proposals to run the Orange County Animal Shelter for the first six months of 2004. All three express interest in continuing to operate the shelter past July 1. Orange County's contract with the nonprofit Animal Protection Society, which has been renewed every year since 1979, will end Dec. 31. The Orange County Board of Commissioners decided in October to request proposals from organizations interested in running the shelter, following a year of controversy and complaints regarding the APS management of the county's animal shelter. APS is one of the three bidders to run shelter operations on an interim basis next year. The other bidders are the Humane Society of Orange County, a newly formed nonprofit organization based in Chapel Hill, and Animal Care Equipment and Services, a privately owned company started in 1985 and headquartered in Crestline, Calif. The Humane Society of Orange County has no affiliation with the Humane Society of the United States. An officer at the HSUS regional office said that unaffiliated agencies are free to use the name. The three bidders differ on the shelter management experience and animal care equipment they have to offer the county; their anticipated use of volunteer resources; their nonprofit or for-profit status; and the amount they estimate their services will cost the county. Orange County owns the building in which the animal shelter is located, but APS owns the office and animal care equipment inside. According to the amended contract currently in force, Orange County pays APS about $40,000 a month to run the shelter. APS estimates needing $47,000 to $53,875 a month to continue shelter management. The agency notes in its application that, because it already owns equipment and vehicles, it "should save the County over $80,000 in startup costs." Its proposal states, "APS built the community room at the shelter facility in 1990 at a cost of over $60,000 and donated this room to the county . . . The APS has also purchased cages, appliances, computers, and other equipment with donated funds." The Humane Society of Orange County (HSOC) application estimates needing $136,398 to cover equipment, vehicles and interim transition costs "if complete (equipment) restocking is needed to replace all items owned by the APS." If an agreement can be reached to buy or lease APS equipment, startup costs would be "$10,000 for interim transition, plus the negotiated settlement with APS." The society estimates a monthly operation cost to the county of $60,373. Animal Care Equipment and Services (ACES) figures monthly operating costs at $76,730, though its proposal states that the numbers provided in its projected budget are preliminary. ACES estimates "one-time re-stocking of the animal shelter" at $20,000 and the cost of an animal control truck at $30,000 to $50,000. The proposed APS management team includes Susan Cooke, the agency's new interim director, Nicole Carper as shelter operations manager, and Amy Eller as customer relations manager. Cooke, named to the position, Nov. 3, has no shelter management experience. She said that if APS gets the bid, the agency would work in cooperation with the county to select a candidate they could back. The HSOC team would be made up of Dean Edwards, Margie Huggins, Bonnie Norwood, Beverly Rockhill, Pat Sanford, and Linda Schmoldt. Sanford directed the Orange County animal shelter for 17 years; Edwards was associate director of the APS for three and a half years. In this proposal, Edwards would be the shelter director, with an annual salary of $46,062. His resume states that he was executive director for two years of an "SPCA in Florida" and that he was executive director of the APS shelter in Durham for 12 months, until December 2002. If ACES got the bid, they would send their vice president of services, Nicholas Gilman, who would recruit the rest of the interim staff "from outside sources," their proposal states. The APS and HSOC proposals anticipate significant volunteer involvement in operating the shelter; the ACES proposal depends exclusively on paid staff. HSOC would pay its executive director $3,838 per month. ACES would pay its director $8,000 plus travel, food, and lodging costs. APS did not break out a director's salary in its proposal. Representatives from APS and HSOC met with county staff on Monday. The county manager's office will make recommendations on the three proposals by Thursday or Friday. The board of county commissioners will review those recommendations at its regular meeting Nov. 18. ________________________________________________________________ The Daily Tarheel November 12, 2003 3 agencies vying to manage shelter By Shannan Bowen and Susie Dickson Staff Writers The Orange County Board of Commissioners will decide Tuesday which animal care agency will take interim control in managing the Orange County Animal Shelter. Three organizations have made bids to operate the shelter during the first six months of 2004. The Animal Protection Society, the current operators of the shelter, made a bid of $47,000 from county funds to continue managing the shelter. The newly organized Humane Society of Orange County has placed a bid of about $42,000 in county funds to gain control of the shelter's interim management. Animal Care Equipment and Services in Crestline, Calif., tentatively has proposed a bid of $76,730. County commissioners requested proposals for the shelter's management as a result of the controversy regarding animal and customer care at the shelter. Public complaints prompted the county to ask the Humane Society of the United States to perform a review of the shelter's operation. After months of discussion regarding the shelter's future, executive director Laura Walters announced her resignation at the end of October. APS named board member Susan Cooke interim director to replace Walters until Dec. 31 or until another director is hired. The APS bid for the interim operation does not include an executive director position. Cooke said APS is restructuring its management to relieve the shelter director of nonmanegerial duties. Amy Eller, APS customer relations director, said the organization plans to improve the shelter's management by splitting duties among a three-member executive team. "We know we do the job best," she said. "We just have to reconvince the public." The Humane Society of Orange County included an executive director position in its proposal and recommended that Chairman Dean Edwards fill the role. Edwards said the Humane Society is pursuing long-term management of the shelter after the interim period. Members of HSOC have years of experience working with the Orange County shelter and other shelters, Edwards said. He said the HSOC plans to change the manner of the care of animals and treatment of the shelter's customers. "The main difference is going to surround the service provided to animals and customers. We will run the shelter in a superior manner to improve services to the animals, Orange County and the staff." Cooke said many complaints from the Humane Society of the United States report already have been addressed, namely poor disease control and late vaccinations. She said the shelter has changed the way incoming animals are handled by creating a "healthy hold" area for incoming animals that appear to be healthy, thus reducing the spread of disease. "We're certainly trying to do whatever we can to make things better for the animals," Cooke said. Although Cooke said APS has more plans in mind, she said the shelter is waiting to hear the commissioners' decision regarding the interim management before making more substantial changes. ________________________________________________________________ Chapel Hill Herald Saturday, November 15, 2003 Comment: The "deposed monarchy looks pretty good right now --- Tough choice for county with shelter bids Through the months of squabbling about the local animal shelter, the Orange County Commissioners have barely put a foot wrong. But the board's skills are about to face a real test. Next week, the commissioners will have to decide which of three competing groups should receive an interim contract to run the facility. It will not be an easy choice. One of the competitors, Animal Care and Equipment Services, is an out-of-state group whose bid already has encountered official disfavor. County Manager John Link said he and his staff didn't bother to interview the group, judging its bid "less responsive." County officials may come to regret that decision, however, because both of the other bidders -- the Humane Society of Orange County and the Animal Protection Society of Orange County -- bring with them baggage that makes them less than an ideal choice. The aps's liabilities are obvious. The group was in charge at the shelter when an outside inspection confirmed significant problems with disease control and record keeping. The group also is operating without an executive director, thanks to the recent resignation of its former leader Laura Walters. But the Humane Society's bid has problems, too, starting with a request for start-up expenses that the county wouldn't face if it gave the contract to the aps. More troubling is the involvement of several former aps staff members and volunteers in the Humane Society's bid. By that, we especially mean former aps Executive Director Pat Sanford, who's a member of the Humane Society's board, and, to a lesser extent, Dean Edwards, Sanford's former subordinate who would become the shelter's manager under the Humane Society's plan. Frankly, with all that's happened, there's no way that the commissioners could go with the Humane Society without the choice looking like the restoration of a deposed monarchy. Link, however, is suggesting another course. He would give the contract to the aps, but only under the condition that it accept a much greater degree of control by the county manager's office than has occurred in the past. Instead of reporting to Animal Control or the county Health Department, the aps would have to consult Link and his immediate staff about issues ranging from record keeping to the choice of a new shelter director. Retaining the aps under those terms amounts to putting the group on a short leash -- and doing so under conditions that make Link himself directly accountable for any problems. All in all, that's a start. ________________________________________________________________ Chapel Hill Herald November 17, 2003 APS dispute back in court today Comment: APS attorney Ron Merritt produced a few additional documents at 10am and filed a motion at 10am saying that their failure was due to "excusable neglect". He further said "Counsel for Defendant APS intially read the Court's order as requiring a response including applicable objections. After further review of the Order, counsel realized that the Order required production and counsel proceeded to gather the requested document" Judge DeRamus delayed the hearing until Wednesday or Thurday. ---- HILLSBOROUGH -- The legal spat between the Animal Protection Society and its two chief critics continues today in Orange County Superior Court. Access to the organization's financial statements, membership lists and accounting records continues to be the main issue for Elliot Cramer and Judith Reitman. Two Superior Court judges have ordered APS to hand over its membership lists and two years of financial records to Cramer and Reitman. The court has imposed restrictions, such as a prohibition of sharing or publishing the information, on what Cramer and Reitman can do, and also instructed APS officials to file a written response to requested documents that have not yet been given to the critics. Both sides have had legal victories thus far. Last month, Superior Court Judge Ronald Stephens denied a request from Cramer and Reitman that would have allowed them to regain membership in the group. In addition to the membership issue, Cramer and Reitman wanted the court to make APS change its procedures concerning revisions to its bylaws, and to lift a trespass ban that was imposed on Cramer earlier this year. Those requests were turned down as well. Reitman had tried to renew her and Cramer's annual memberships in September as they were about to expire, but the APS board decided not to accept the renewals. Cramer and Reitman both joined the APS last year when they became interested in how Orange County's animal shelter was operated. The APS manages the shelter. Cramer, a retired professor, began looking into the APS after then-Executive Director Laura Walters, who left last week, declined to renew the group's contract with former veterinarian Bobby Schopler. Cramer is a friend of Schopler's mother, according to Barry Nakell, Cramer and Reitman's attorney. Reitman, an investigative journalist, began studying the shelter after its staff euthanized a dog she wanted. Shelter officials said the dog was deemed too vicious to adopt out. The two sued the APS in February, claiming that the group refused to hand over board minutes, membership lists and financial records, which they said, as members, they had a right to see. They also claimed that the society secretly changed its bylaws to keep control of the board of directors because Cramer was seeking a spot on the board. In response to Reitman and Cramer's lawsuit, the APS and Walters filed a defamation counterclaim against the pair, alleging that they published posters and other information accusing Walters and the society of illegal conduct. APS officials believe Cramer and Reitman want to undermine the relationship between the society and Orange County so that the county will terminate the APS animal shelter management contract. The APS is one of three organizations vying for an interim contract to run the shelter through June 30, the end of the fiscal year. The commissioners are expected to choose the county's interim shelter operator on Tuesday. County Manager John Link has recommended that APS be awarded the contract through June. APS attorney Ron Merritt, who has given Nakell an index of about 1,400 documents, believes that Cramer and Reitman should not have access to 103 pages of the requested documents pertaining to Walters. Merritt has filed a "motion for protective order" that seeks an exemption from turning over those documents. In the motion, Merritt contends the documents, containing information regarding the hiring and job performance of Walters, are confidential and privileged, and asks that the documents not be disclosed. In response, Nakell has filed a motion to "compel compliance with court orders and for sanctions." That motion contends that APS has not complied with previous court orders and that many of the previously requested documents have still not been given to his clients. The civil session of Superior Court begins at 10 a.m. A judge could consider the motions at then, or choose another date to hear the attorneys' arguments. ________________________________________________________________ Chapel Hill Herald November 18, 2003 Manager draws fire for APS advice HILLSBOROUGH -- Orange County Manager John Link's recommendation that the Animal Protection Society continue to run the Airport Road shelter at least through June is drawing criticism from the leader of the county commissioners. "I'm not supporting the manager's recommendation," commissioners Chairwoman Margaret Brown said Monday. "I don't see it as an improvement [for APS] to run the shelter, and I'm looking forward to the county taking it over." Brown and her fellow commissioners are expected to select an interim shelter operator at a 7:30 p.m. meeting tonight in the Gordon Battle Courtroom in Hillsborough. Criticism also came Monday from a group that submitted an opposing bid. Dean Edwards, who would be the interim shelter director under a proposal submitted by the Humane Society of Orange County, wrote Link and the commissioners to voice disappointment in the manager's recommendation. "We hope the commissioners will take a fresh look at the proposals and see very clearly that the residents of Orange County have asked for a change and we present a change in the management of the shelter for the betterment of the animals and the people," Edwards said Monday. The county owns the animal shelter, but it has relied on the APS to run the facility, paying the group about $429,000 in the past fiscal year. But the APS has been through a bruising battle with critics, and it still is in a legal tussle with two of the harshest critics, Elliot Cramer and Judith Reitman. The squabble helped prompt the commissioners to decide to reconsider their annual contract with the APS and study shelter operations. The contract with the APS had been on a month-to-month basis since earlier this year. The ongoing legal spat continues as a Superior Court judge Monday delayed hearing attorneys' arguments pertaining to access to the organization's financial statements, membership lists and accounting records. APS attorney Ron Merritt turned over additional documents to Cramer, Reitman and their attorney Barry Nakell, but they were not indexed as required by a court order. Merritt also filed a motion requesting a 12-day extension to produce the documents, as the court has ordered in the past. Judge Judson D. DeRamus said he would hear arguments later this week but did not set a specific day. While related, the ongoing legal dispute has no direct effect on the commissioners' decision over who should run the animal shelter. Commissioner Moses Carey said he would support Link's recommendation because it took into consideration efficiency, effectiveness, credibility, costs and quality of care among other things. "I think the manager and staff has done a great deal of work to get to their recommendation," he said. "We owe it to ourselves and to them and to the process to pay strict attention to what they have recommended." Commissioner Barry Jacobs, who also said he could support Link's recommendation, is more concerned about the larger picture. "I'm less focused on who the interim operator is than on what the long-term strategy will be," he said. "We need to get a task force up and running to make some recommendations about management, a new shelter and responses to the [Humane Society of the United States] report. This is just a bridge to get us to where we need to go, so as long as it's done right, mainly in a framework we're comfortable with. I think I can be comfortable with the manager's recommendation." Jacobs said there needs to be some degree of a permanent county presence in managing the shelter, but he is not inclined to eliminate the volunteer component as the county takes more control over the situation. "In a way it's too bad we have two contending groups that seem to be squared off that are the main short term contestants in this process, because almost no matter what's done short-term some of the same raw feelings will carry over into this process," Jacobs said. "I think we need to get away from this friction and move toward a better structure where the commissioners will be more accountable and will have greater control." Brown said a county-run animal shelter would ensure close oversight and accountability, and is the best long-term solution. She said that long-term solution could begin immediately. "To me there's no longer any sides," she said. "It's just a matter of having very responsible good management for the animals and good care for the animals." Commissioners Alice Gordon and Steve Halkiotis could not be reached for comment before press time Monday. ________________________________________________________________ Chapel Hill Herald November 18, 2003 APS stewardship record clear Why did Orange County spend thousands on an evaluation by the Humane Society of the United States, then recommend offering the shelter contract to the same bunch who messed it up? The APS' director is gone. So what? Directors carry out the will of the board. From HSUS's evaluation of the APS: "Overall the animal flow process were disorganized and unstructured. Staff lacked proper training for many of the daily tasks...." "Many animals admitted to the APS were not vaccinated for days or even weeks after arrival." "One kitten and small dog were placed in the night surrender cages by the public on Wednesday evening ... the small dog was still in the night surrender cage on Friday night." "There were dead roaches on the floor." "Lost and found retrieval system appeared to rely mostly on the memory of the APS staff." "Controlled substances ...were stored in an unlocked wall cabinet..." More fun facts: The county spent thousands of dollars on state-of-the-art computer software and wiring for the APS. The APS never bothered to use it. The APS didn't do backups, so all data from the system they did use were lost. Good luck finding out if your dog was vaccinated. Some critiqued my group, the Humane Society of Orange County, because we worked or volunteered at the shelter years ago, and might be biased in favor of old ways. Let me tell you, we're a democratic group committed to improvement, not a monarchy. Attend a meeting and you'll find out. We offered our experience and our hearts. The APS offered more. They offered the Brooklyn Bridge. Linda Schmoldt Chapel Hill ________________________________________________________________ News of Orange November 19, 2003 APS stays: County sticks with comfy shoe for time being By Jeff Casale HILLSBOROUGH - The Board of County Commissioners again grappled Tuesday with two 10,000-pound gorillas: the Orange County Animal Shelter and its current operator, the Animal Protection Society. And when the dust cleared, the APS was still standing. With a 4-1 vote, the board agreed with Manager John Link's recommendation to allow the APS to continue running the county animal shelter until June 30, 2004. The decision, however, puts Link back on the hot seat as he and his staff were instructed to devise a plan that will allow the county to take over operations by July 1. Chairwoman Margaret Brown cast the dissenting vote. BROWN: ZERO FAITH IN APS "I have no confidence in this organization," Brown said. "I'm sorry I feel that way, but that is the truth. I would very much like to see the county take over and we should begin that process right now." Current APS shelter director Susan Cooke said after the meeting that she was pleased the county chose to stay with the APS, but that she was disheartened by Brown's comments. "I'm very disappointed she feels that way," Cooke said. "As I understand she hasn't been (to the shelter) in quite a while. I welcome her to come and see the improvements we have made over the last few months." Though Brown and fellow commissioners Barry Jacobs and Steve Halkiotis disagreed with Link's recommendation, the manager backed his suggestion citing the APS' restructured management team and overall willingness to work with the county in searching for a new shelter director. The group also consented to closer scrutiny from county officials, he said. Link noted, however, that the recommendation is not a long-term solution to the problem. "My (staff) focused on the concept of an interim operator," he said. "This recommendation does not reflect any predisposition on our part." FRUSTRATIONS MOUNTING AMONG THE BOARD As the animal-shelter saga has continued at length, frustrations among board members have become more prevalent. Anxious for a decision, Brown, Halkiotis and Jacobs all expressed discontent with the length of time it has taken to make a knowledgeable decision. Additionally, Halkiotis condemned the unending bickering between the APS and its critics. "It is time for this government to make a decision and move on," he said. "We need to put down our swords and work in a cooperative manner for the benefit of the community and the animals." A county-run animal shelter is most likely the long-term solution, Halkiotis added. The board directed Link to develop ways for the shelter to better serve the public, and to use volunteer services under the county manager's direction. THREE BIDS SUBMITTED LAST MONTH During the commissioners' Oct. 21 meeting, they instructed Link to request bids for an interim shelter management and operation team. Three bids were submitted earlier this month with the APS, the Humane Society of Orange County, and Animal Care and Equipment Services all throwing their hat in the ring. While the HSOC submitted the lowest bid - $42,366 per month in operating costs - Link recommended the board stay with the APS, which submitted a bid of more than $44,000 per month. The APS is currently entrenched in a months-long lawsuit filed by two of its former members, Elliot Cramer and Jude Reitman. Both critics sought legal action after the group refused to hand over financial documents and shelter records. The two also pointed a stern finger at former APS Executive Director Laura Walters as the reason for the shelter's alleged decline in animal welfare. Walters countered with her own lawsuit accusing Cramer and Reitman of slander. That matter is still pending. ________________________________________________________________ Chapel Hill Herald November 19, 2003 APS to run shelter until July 1 Comment: The folks at HSOC deserve our thanks for their effort in making the superior bid to operate the shelter until July 1. In the short term the animals are being sacrificed, but I take John Link and the Commissioners at their word when they say that the County will be running the shelter by July 1. I hope that the new spirit of cooperation at APS will lead to the County oversight provisions in the APS proposal being implemented immediately. In the meantime, PRAY FOR THE ANIMALS. --- HILLSBOROUGH -- The much-maligned Animal Protection Society of Orange County will continue to run the county's animal shelter through June 30, but then it will immediately become County Manager John Link's responsibility. The Orange County Commissioners voted 4-1 Tuesday night to award an interim contract to the APS, but it also instructed Link to propose alternatives if the county assumes responsibility for the shelter starting July 1, when the county's 2004-05 fiscal year begins. To run the shelter between February and June, the APS would be paid at least $247,350. However, if the APS gets to keep revenue from adoptions and other sources, the cost would fall to $222,350. The APS also would have to pay for veterinary services under that lower amount. The APS also said its costs would go up by about $9,375 if Chapel Hill and Carrboro were to halt funding of the emergency animal-rescue program. Commissioners Chairwoman Margaret Brown voted against the proposal, saying she favors a plan under which the county would create a separate county department to run the animal shelter on Airport Road in Chapel Hill. "I don't have any confidence in the [APS] organization," Brown said. "I don't think we should go through a process when we have other alternatives out there." The county owns the animal shelter but has relied on the APS to run the facility, paying the group about $429,000 in the past fiscal year. However, the APS has been through a bruising battle with critics, and still is in a legal tussle with two of its harshest, Elliot Cramer and Judith Reitman. That squabble further prompted the commissioners to reconsider the APS's annual contract and to study shelter operations. Since earlier this year, the county's contract with the APS had been operating on a month-to-month basis. The commissioners chose the APS to continue running the shelter through the end of the fiscal year over a rival bid from the newly formed Humane Society of Orange County, which is composed of many former APS workers. A majority of the commissioners agreed that the county should take over responsibility for the shelter but were uncertain about the extent of their possible involvement. They want to use the interim period to figure that out. "I think that the county needs to operate the county animal shelter," Commissioner Barry Jacobs said. Jacobs also wants the county's staff to report back to the commissioners with examples of how other counties operate their animal shelters. Among the possibilities, Jacobs said, are that the county could hire a management team, could determine the criteria for creating a board of directors, and possibly could consider a new public-private partnership. Brown, however, said that she would not support a joint relationship between the county and a nonprofit organization. "I would very much like to see the county take this over," she said. Meanwhile, Commissioner Steve Halkiotis said he was "disheartened" by the warring factions vying to run the county animal shelter. "I'm sick of it and I'm tired, and I really don't see any hope in a long-range opportunity for anybody in this room to work this out, I really don't," he said. "The best thing to do is for the county to step in and take over the operation." Commissioner Moses Carey made the motion Tuesday night to support the county manager's recommendation that the APS be granted the interim shelter contract, which Commissioner Alice Gordon seconded. Halkiotis then suggested adding a provision that the county would take over the operation of the shelter on July 1. The commissioners debated the wording of the provision, but eventually passed a compromise motion. "We've got nothing to lose at this point," Halkiotis said. "We have everything to gain." ________________________________________________________________ The Daily Tarheel November 19, 2003 County to manage animal shelter By Susie Dickson Staff Writer The Animal Protection Society will continue operating the Orange County Animal Shelter until June 30, 2004, the Orange County Board of Commissioners decided Tuesday. However, on July 1, 2004, the shelter will become a public operation run by the county. County Manager John Link recommended Friday that the board allow APS to continue operating the shelter for the interim five-month period starting Feb. 1. Commissioners accepted proposals from three firms vying for operation of the shelter. APS, the Humane Society of Orange County and Animal Care and Equipment Services, a Denver-based company, all submitted bids to operate the shelter. ACES lost the bid because its proposal was incomplete. Commissioner Stephen Halkiotis said he thinks the county should take over the management of the shelter. "I see no hope in this," he said. "I'm really dismayed. I'm sick of it and I'm tired of it, and I really don't see any hope in a long-range opportunity for anybody in this room." During the past year, APS has come under fire for poor treatment of customers and an inability to care for animals adequately. Former Director Laura Walters resigned Oct. 27 after months of pressure. Halkiotis said he was particularly frustrated with the organizations fighting to manage the shelter. "We've got warring factions here in the county, and people can't put their swords down," he said. "We need to disarm people who love animals." Commissioner Barry Jacobs agreed. "People are so protective of their turf and their prerogatives that there's always a reason that it doesn't work. I think we ought to work on a few alternatives about how we will run the animal shelter." Jacobs stressed the importance of starting to plan the county's management of the shelter immediately. "We need to get this task force moving. We need to take more of a direct control of what's happening." Commissioner Moses Cary agreed with Jacobs that the interim period should be used for planning the future operation of the shelter. "I would encourage us to make a decision tonight that buys us some time," he said. Margaret Brown, chairwoman of the board, said she strongly believes APS should not continue to manage the shelter, even during the five-month interim period. "I don't have any confidence in the organization." Link said that the recommendation was based purely on the concept of interim operation and that the board should treat it as such. Humane Society members and residents who spoke at the meeting were critical of APS. Dean Edwards, director of the society, said his group would do the best job making "decisions that will affect the lives of thousands of animals. We're very staunch in our support of animals," he said. Beverly Rockhill, a former volunteer at the shelter, said she stopped volunteering at the shelter because of APS' treatment of customers. She said she was sick of "apologizing for poor management or insensitive behavior." ________________________________________________________________ Chapel Hill Herald November 20, 2003 APS aims to hire director by February Group will run animal shelter through June 30 Comment: Lots of luck. HILLSBOROUGH -- The oft-criticized Animal Protection Society of Orange County, which will continue to run the county's animal shelter through June 30, hopes to have a new shelter director in place by February. Interim Director Susan Cooke said Wednesday that APS would proceed with its search for a new shelter director, after the county awarded the organization an interim contract to run the animal shelter on Airport Road in Chapel Hill through the end of the fiscal year. The commissioners, however, intend for the county to assume responsibility for shelter management July 1. "We don't know how things are going to turn out with the county," Cooke said. "That person could have [future] options with the county." Cooke, a former APS board member, was appointed interim director earlier this month after the resignations of Executive Director Laura Walters and Associate Director Darra Das. The county owns the animal shelter but has relied on the APS to run the facility, paying the group about $429,000 in the past fiscal year. The APS, however, has been through a bitter battle with critics, and a legal dispute with two of its harshest critics continues to proceed through the court system. The commissioners on Tuesday chose APS to continue to run the shelter over a bid from the newly formed Humane Society of Orange County, made up of former APS workers. Commissioners' Chairwoman Margaret Brown, who cast the sole vote against awarding APS the interim contract, said she did not have any confidence in the organization, while Commissioner Steve Halkiotis said neither side should run the shelter in the future. A majority of commissioners want the county to assume responsibility for the shelter but are undecided about the extent of the involvement and want county staff to further study the possibilities during the interim period. Cooke said the organization was disappointed by some of the commissioners' comments but was pleased to be awarded the interim contract. Elliot Cramer, one of APS' most vocal critics and a supporter of the Humane Society's bid, said he was dissatisfied that APS would continue to run the shelter. He called for the county to provide immediate oversight of the organization to avoid "a disaster" because he said the current APS management is not qualified to care for animals. "It's hard for me to see how APS is going to be able to hire an experienced director to run the shelter for only five months," he said. "I think it's a very unfortunate situation ... Perhaps it's a case of the animals having to suffer now so that the county can take it over July 1." APS Board President Pat Beyle said the organization could redefine its focus and that her board would meet to discuss the latest developments. "We are pleased to be able to run the shelter," she said. "Obviously, the uncertainty or the clarity with which the [commissioners] spoke puts us in a position to talk to our members and define who we are and where we're going. I hope that we don't dwell, that we kind of can put our sights into the future." Beyle said that includes proceeding with its search for a new shelter director, building a new adoption center in Mebane and continuing an aggressive fund-raising campaign. Cooke said the APS staff continues to make upgrades almost daily and is implementing recommendations from an August report by the Humane Society of the United States, which was hired by the county to conduct an outside assessment of the animal shelter. The commissioners, meanwhile, are recruiting interested citizens to serve on an Animal Shelter Operations Task Force to review the report and make recommendations to the commissioners by March. Applications or more information can be obtained from board clerk Donna Baker at 245-2125 or dbaker@co.orange.nc.us or downloaded from the county's Web site, www.co.orange.nc.us, under the "Volunteer Boards" icon. The commissioners hope to appoint members in December________________________________________________________________ Chapel Hill Herald November 21, 2003 ________________________________________________________________ Chapel Hill Herald November 21, 2003 Comment: Where does this "last chance" come from? APS has already shown that it is undeserving. Whoever wrote this apparently doesn't read the Herald which said "A majority of commissioners want the county to assume responsibility for the shelter but are undecided about the extent of the involvement and want county staff to further study the possibilities during the interim period." How will APS "effectively manage the facility" without a Director who knows anything about shelter operations. APS has already been on a "short leash"; now it is on a choker collar. --- Last chance for Animal Protection Society Editorial The Animal Protection Society will have an additional six months to show that it deserves to remain the steward of the local animal shelter or at least somehow be involved in the shelter's future. It will be an uphill battle. The County Commissioners' decision this week to let the aps continue to run the Airport Road facility until June 30 was the only reasonable path the commissioners could have taken at this time. After months of controversy and a damning report from the Humane Society of the United States, the commissioners knew the way the shelter has been run has to change. But they weren't fully willing to bite the bullet. They obviously needed to buy time -- they weren't ready, right now, to take over direct responsibility for the facility or turn it over to an unfamiliar group. The aps -- which has run the shelter for decades -- was in place already; it had experience. Despite the vociferous -- and in many cases, valid -- criticism of the group's operation, despite the society's evident shortcomings in management, changing horses right now would not have been a good idea. More importantly, the county didn't really have viable alternatives to which it could turn at this point. The costs of putting in a new management team quickly would have been significant. The other bids for the interim management of the shelter -- one by the recently formed Humane Society of Orange County, comprised of former disgruntled aps employees and current disgruntled aps critics -- would have brought their own problems. So the commissioners chose the aps, but they are putting them on a very short leash. The county staff will watch them closely for the six months. An Animal Shelter Operations Task Force will review the HSUS report on the shelter and make recommendations to the commissioners by next spring. Meanwhile, the aps will be a caretaker. If nothing changes, if nothing improves, the county itself will directly assume responsibility for the shelter come June. There can be no temporizing at that time. If the aps has not given by then definitive evidence that it can effectively manage the facility, the commissioners will need to act and take over the running of the shelter. The soap opera that has played out over the last year can't continue very much longer. ________________________________________________________________ The Daily Tarheel November 21, 2003 County task force to review shelter report By Laura Hirst Staff Writer Orange County officials are creating an Animal Shelter Operations Task Force to review a report released in August by the Humane Society of the United States on the condition of the county's animal shelter. The county is accepting applications for the task force now and will choose members at the Dec. 9 Orange County Board of Commissioners meeting. The task force is scheduled to deliver its recommendations to the board by March. The Animal Protection Society, which runs the shelter, has been under fire since the beginning of the year for alleged mismanagement and fiscal irresponsibility. The commissioners accepted a bid Tuesday from APS to continue running the shelter until July 1, after which the county will take over. APS also is looking for a new director. Former director Laura Walters resigned in October, and Susan Cooke is serving as interim director. Commissioner Barry Jacobs said the task force still is in its initial stages. "We've started advertising for volunteers, but we haven't worked out all the details yet." Jacobs said he thinks the task force's initial focus should be the shelter's management structure. Elliot Cramer, who has filed lawsuits against APS and Walters, said he does not think the task force will get anything done, though he will apply to serve on it anyway. Jacobs said the board is looking for "people who are willing to care about animals, are willing to work hard in a short period of time and are not trying to grind an axe but are trying to do a service to the community." Pat Beyle, president of the APS board of directors, said she does not know much about the panel. "(The county) very clearly the other night said they did not want anybody from APS or the Humane Society on the task force and that they were going to set it up," Beyle said. She added that she supports the idea of a task force. "It involves the community, and anything that involves the community in the care of their animals is a very wise move." Nancy Glover, assistant to the county clerk, said she expects at least 20 or 30 applications. Sam Chase, chairman of the search committee for a new director of APS, said the committee and board of directors have not decided what they are looking for in a new director. The committee would like to choose a director by February, Chase said. ________________________________________________________________ Chapel Hill Herald November 22, 2003 Judge gives APS critics OK to examine files at shelter HILLSBOROUGH -- The Animal Protection Society of Orange County must allow its two harshest critics to inspect financial statements, membership lists and accounting records at the county animal shelter, a Superior Court judge ruled Friday. Judge Judson D. DeRamus said the APS should grant Elliot Cramer and Judith Reitman access to its records on Dec. 1 from 10 a.m. to 5 p.m., with a break from noon to 1 p.m. Previously, the APS has turned over some of the documents that the pair sued to gain access to, but it hasn't allowed them to conduct their own inspection, particularly of electronic files. DeRamus ruled that the nonprofit organization that runs the county animal shelter off Airport Road also must pay some of the fees for Barry Nakell, Cramer and Reitman's attorney. "It's about exactly a year since I first asked for the membership list and financial records and they've been stonewalling since that time," Cramer said after the judge's ruling. "We're certainly excited to finally get the opportunity to see the records that the law allows." Nakell referred to the court proceedings as "a slam dunk" victory in his favor. Cramer and Reitman joined the APS last year when they became interested in how APS managed Orange County's animal shelter. Cramer, a retired professor, began looking into the APS after then-Executive Director Laura Walters, who left last week, declined to renew the employment contract of the former group's former wildlife veterinarian, Bobby Schopler. Reitman, an investigative journalist, began studying the shelter after its staff euthanized a dog she wanted to adopt that the APS deemed too vicious to release. The two sued the APS in February, claiming that the group refused to hand over board minutes, membership lists and financial records. They contended state nonprofit law gave them the right to see the records because they were members of the organization. Two Superior Court judges previously had ordered APS to hand over the membership lists and two years of financial records to Cramer and Reitman. The court imposed restrictions, such as a prohibition of sharing or publishing the information, on what Cramer and Reitman can do. "We have been endeavoring in a proper manner, in a legal manner, since October to get documents and since May to get discovery documents, and they have not complied," Nakell argued before the judge. "They simply have continued to defy court orders." APS attorneys Ron Merritt and Chris Lewis argued that they had turned over the requested documents, but allowing the critics to inspect computer records would grant them access to privileged information. They also sought to bar Cramer and Reitman from examining 103 pages of documents that pertained to the hiring and job performance of Walters. DeRamus declared that APS was in violation of the previous court orders and ordered the group to allow Cramer and Reitman to inspect and copy documents at the animal shelter during regular business hours Dec. 1. The judge imposed the same restrictions included in the previous court order on what Cramer and Reitman can do with the information. When Lewis said APS has concerns about the critics actually pressing the keys on the keyboard, DeRamus said he did not have a problem with a technician doing the typing. "The main thing is to allow the inspection at [Cramer's and Reitman's] control," DeRamus said. The APS must certify by Dec. 8 that it has fully complied with the court order. Also, Nakell must file affidavits by Dec. 8 detailing the attorney's fees the APS will be responsible for paying. In response to Reitman and Cramer's lawsuit, the APS and Walters filed a defamation counterclaim against the pair. Merritt said the two sides are negotiating a settlement. ________________________________________________________________ Chapel Hill News November 23, 2003 County considers takeover of animal shelter APS will run the animal shelter through June 30, but the commissioners will explore making it a public function after that date. HILLSBOROUGH _ Stressing the interim nature of the arrangement, the Orange County Board of Commissioners agreed to let the Animal Protection Society run the county animal shelter from Feb. 1 through June 30. The vote at the commissioners' regular meeting Tuesday was four to one, with Commissioner Margaret Brown dissenting. Several of the commissioners called the resolution a short-term measure, and they made it clear that they want a different setup in the near future. "If I support APS tonight, it's for one good reason," Commissioner Steven Halkiotis said. "They've got an organized volunteer base. I am for the county stepping in and taking over the operation and putting together a group of citizens who can put down their swords." Brown said she had no confidence in the organization. The commissioners instructed County Manager John Link and his staff to prepare alternative scenarios by which the county will make the shelter a public function by July 1. Precisely how that responsibility would be carried out was the subject of some discussion. "That can include any number of variations," Link told the commissioners. "It can include volunteers; nonprofits can be involved. You've simply identified it as a public function to be carried out by Orange County." Citing lower out-of-pocket costs and a willingness on the part of APS to accept county oversight, Link recommended that the commissioners select the organization over the other bidders for the interim contract. A motion by Commissioner Moses Carey, seconded by Commissioner Alice Gordon, endorsed that recommendation with the proviso that the county take control in July. APS has run the animal shelter under county contract since 1979. Following a year of controversy and complaints regarding APS management, the commissioners decided in October to request proposals from organizations interested in running the shelter. The other bidders for the contract were the Humane Society of Orange County and Animal Care Equipment and Services of Crestline, Calif. The current contract between APS and Orange County will end Jan. 31. Link said that he would present the commissioners with a negotiated APS contract by Dec. 9. Sketching out possible scenarios for running the shelter as a public function might take the staff several months, he said. "I assume (the shelter) would be a responsibility of the county manager's office, though whether as a separate department or as part of this office, I can't say at this point," Link said. Gordon and Commissioner Barry Jacobs expressed hesitations about creating a new county department, while Brown said she wanted one alternative that the staff presents to be a county department separate from the Health Department. "The county should take it over as a county department, and all employees at the shelter should be county employees," Brown said. "The majority of counties actually run their own shelters." Jacobs said, "The county needs to run the animal shelter, but I don't want to add another 19 employees or add a million to our budget. "I think this is an opportunity to maintain volunteer participation in the animal shelter, but the county needs to hire the management team and needs to make some criteria that we would support for any board of directors for any entity we may work with." Gordon raised the possibility of county representation on the APS board of directors. No decision was made on that suggestion. To the members of the Humane Society of Orange County who spoke at the meeting, Jacobs said, "I hope you stay with this process. It's not over." Friday, he said his message to them was, "It's not clear what the shape of a volunteer group would be. So don't go away." The APS has been without a permanent director since Laura Walters resigned from the position Nov. 14. APS Interim Director Susan Cooke said that the organization's search committee plans to meet this week to begin discussing the resumes they've collected. Link will be a member of the committee. "We're certainly pleased that we're going to continue here," Cooke said. "It's the most efficient choice. "We're disappointed with the lack of confidence the commissioners expressed," she added. "We would invite them to come visit." Orange County last week put out a call for volunteers for a task force to review the recommendations of the August 2003 report by the Humane Society of the United States on Animal Sheltering in Orange County. The Board of Commissioners will determine the composition, charge and timeline for the task force at its meeting Dec. 1. In a related development Friday, Orange County Superior Court awarded APS critics Elliot Cramer and Jude Reitman access to APS financial and operational records, including personnel records related to Walters. Cramer and Reitman's attorney, Barry Nakell, said Friday that they would honor a stipulation that they may use the personnel documents in court but not otherwise reveal their contents without the written agreement of APS attorneys. The court order instructs APS to open the records to Cramer and Reitman on Dec. 1. APS was ordered to pay all of Cramer and Reitman's expenses, including their attorney's fees. ________________________________________________________________ Shelter critics get APS documents November 24, 2003 Comment: Not exactly what I said. I'm not planning another lawsuit and the main purpose of our lawsuit was to restore voting rights to the Membership. Ann Peterson states in a memo to Pat Beyle (February 10) that Laura Walters decision to fire Bobby Schopler (without the consent of the APS Board) but following the advice of Pat Beyle started the public outcry (and incidentally led to the HSUS evaluation). Peterson said (10 days before our lawsuit was filed) - "That is what started all of this. ... we put her in harms way and should stand behind her - joining in the (her) lawsuit. The 100 pages refers to Laura's personnel file; much more information will be provided on December 1. -- By Meghan Gambling Staff Writer More than 100 pages of records concerning the Animal Protection Society's operation of the Orange County Animal Shelter will be released to two of the society's most vocal critics under a ruling made Friday by the Orange County Superior Court. Elliot Cramer and Judith Reitman will be allowed to view the shelter's financial statements, membership lists and accounting records. APS also will be required to pay some of Cramer and Reitman's legal fees. "It is a slam dunk in our favor," said Barry Nakell, attorney for both Cramer and Reitman. APS is required to make the documents available Dec. 1. Cramer said he hopes the documents will provide fuel for another lawsuit he has filed against the APS. Cramer originally filed suit to receive access to the records as well as to force the organization to allow general members to vote in the election of members of the group's board of directors. Reitman and Cramer began investigating the shelter's operation after the board took away voting rights from general APS members. Cramer was a candidate for the board of directors at the time. "I decided to join and see what I could do to change things," he said. When he requested to view the general membership list, the board denied him access. Cramer then accused members of APS and former APS Executive Director Laura Walters of violating their obligation to "properly oversee the shelter" and failing to use the county's money responsibly. In reaction to the controversy, APS and Walters filed a defamation countersuit. "It's been a year for us trying to get these records," Cramer said. Cramer said he is convinced that the countersuit will go nowhere. "It is obvious that the slander suit is absolutely garbage." The controversy among Cramer, Reitman and the APS also prompted the Orange County Board of Commissioners to take a closer look at the operation of the shelter. A review of the shelter by the Humane Society of the United States validated several concerns residents had about the shelter's operation. The Humane Society did not criticize APS' decision to revoke voting rights from its general membership. Although the county helps fund the shelter, the APS manages its operation. Commissioners ruled Tuesday to allow APS to operate the shelter until February, when the county will appoint new management. While the case likely prompted the investigation by the commissioners, the lawsuit brought against APS by Cramer is separate from the debate on who should run the shelter. Cramer stressed that the original purpose of the lawsuit was to gain access to documents and change bylaws. "The ultimate goal is to reform APS and make it a responsive organization, one capable of functioning," he said. APS attorney Ron Merritt was not available for comment. ________________________________________________________________ ________________________________________________________________ APS suffers more charges November 26, 2003 By Laura Hirst Staff Writer Elliot Cramer and Judith Reitman amended their lawsuit against the Animal Protection Society of Orange County on Friday, expanding their allegations to a breach of fiduciary duty by APS' officers and board of directors. The new complaint states that APS endangered its contract with the Orange County Board of Commissioners and that the board of directors mismanaged the county's animal shelter. Pat Beyle, president of the board of directors, denied the allegations. "We certainly are not mismanaging APS or the shelter," she said. "Obviously, I think that we're running it the best way we can right now." The amended lawsuit refers to a report on the shelter's operations given to commissioners in August by the Humane Society of the United States. Cramer and Reitman originally filed the lawsuit in February after the APS board revoked voting rights for its members. Cramer was running for a position on the board at the time. "From our point of view, that was the most important part of our lawsuit," Cramer said. "How undemocratic can you be?" The APS articles of incorporation originally stated, "Each member shall be entitled to one vote at any meeting of the corporation." Ron Merritt, attorney for APS, has said the change in the bylaws was legal. He declined to comment Tuesday because of the pending litigation. Barry Nakell, attorney for Cramer and Reitman, said APS requested that the discovery period be extended until March 1 and added that the only actions APS has taken so far in the discovery period have been depositions of Cramer and Reitman. Cramer said he opposes an extension. "We are thinking they have simply delayed giving us our information." APS also has asked to postpone the trial date from January to April, according to Nakell. APS, Beyle and former APS Executive Director Laura Walters have filed a countersuit against Cramer and Reitman for defamation. Cramer said he believes everything he has said is true. "We expect them to be sanctioned for filing a frivolous lawsuit," Cramer said of the defamation suit. Nakell said he and Merritt have begun discussions about a possible settlement. On Friday, the Orange County Superior Court ruled that APS was in violation of a previous court order requiring that Cramer and Reitman be allowed to inspect and copy documents at APS. The court's ruling states that Cramer and Reitman must be allowed access to the APS membership list, accounting records and financial statements by Dec. 1. "If we do not get full compliance, our attorney has made it clear that he's going back to court to ask for sanctions," Cramer said. The ruling also requires APS to pay some of the plaintiffs' attorney fees and other expenses. "This case has been an exercise in paper-slinging," Merritt said at the court hearing Friday. Contact the City Editor at citydesk@unc.edu.added to lawsuit