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23 May 2007 @ 10:27 pm
GIMME SHELTER ANYWHERE ELSE
Response to the Oregonian, February 6, 2007

"Gimme Shelter" published in the Oregonian Entertainment/Living section, February 6, 2007, touted Multnomah County Animal Services as a wonderful agency that does a successful job with a 'difficult' population despite the fact that it doesn't even have the advantage of a beautiful building. Press facilitated agency propaganda is no substitute for the facts. The facts can be obtained from the agency's own records.

FACT: Michael Oswald's failures can be gleaned from his own writings. In a report to his "rescue partners" on 8/18/03, Michael Oswald wrote: " MCAS reduced its dog euthanasia rate this past year (FY 2002-2003) from 23% to 18% and we are on track to save even more lives in 2004." In 2006, that rate has gone up by fifty percent from 18% to 27%. Do you call a dramatically increased death rate "success"? The only "change" since 2003 has been Michael Oswald's ascendancy to the position of Animal Control Director.

FACT: Look at those figures again more closely. The actual rates of killing are far higher when one considers the pool over which the agency is actually responsible for and has control over: unredeemed animals. One might hopefully believe from the 27% dog kill rate that the figures for 2006 mean that about 1 out of 4 dogs in MCAS's charge was killed. That is simply false. The 27% rate includes as part of its base all owner redeemed dogs, dogs who were never within the "pool" of animals whose lives MCAS could end or save. Their owners redeemed them on their own. The best way to judge an agency's performance is how they manage, market and adopt out the dogs left in their care. As an example, lets look at the Tompkins County Animal Control Authority in New York State. The Tompkins County Animal Control Authority also took in a 'difficult' population, including dogs deemed aggressive, strays, dogs of people who no longer wanted them, dogs that scratched or bit, dogs of every conceivable history and temperament. Yet, in 2003, 93 percent of all the dogs taken in passed the agency's temperament test. Only three were returned for aggression proving that temperament testing done with integrity and honesty can protect public safety without wholesale killing. That is what the Multnomah County Citizens' 2000 Task Force recommended and wanted. They were ignored.

FACT: Over the past three years within the pool of dogs over whom Michael Oswald has had disposition control, the frequency of killing has nearly doubled; the rate of adoptions has dropped by nearly 50%. MCAS now kills nearly 60% of all dogs over which it has life or death authority, and finds new homes for only about 25%. In all of FY 2005, MCAS adopted out only 812 dogs.

FACT: MULTNOMAH COUNTY GOVERNMENT'S COVERT PIT BULL EXTERMINATION PROGRAM: At least 85% of dogs labeled "pit" or "pit bull mix" are killed automatically within days of entering the MCAS "shelter." MCAS runs a secretive covert pit bull ban. Pit bulls and pit bull types are killed en masse at MCAS because Michael Oswald, without government or citizens' approval, has instituted on his own a secretive countywide pit bull ban. He does this by arbitrarily and grossly manipulating temperament testing standards. The separate and unequal standards Michael Oswald has applied to pit bulls and pit bull types has nothing to do with public safety or poor temperament. It simply permits breed prejudice to translate into government sponsored mass killing. All is well that is hidden well.

FACT: When Mr. Oswald states :"Just because we have a 'difficult' population to place doesn't mean we throw up our arms" he means he resorts more and more to falsely labeling animals unadoptable"/difficult to facilitate needless killing. Read the records. Intentionally keeping numbers low means one need not look for resources. In fact, there are very few outreaches, very few rescue organizations that do work consistently with MCAS, and there is very little engagement with the community. Again, read the records. Ask an expert. Experts have reviewed the agency's records at citizens request. Read the reports. Government should also engage outside independent review.

FACT: For appearances sake, Mr. Oswald does periodically host progressive workshops then fails to internalize or implement their programs. The workshops serve as propaganda distractions only. We have been through the San Francisco SPCA, ShelterWorks, and most recently Open Paws at the end of January 2007. Days after the end of an agency sponsored Open Paws workshop (Open Paws is an organization dedicated to reducing shelter stress and improving the emotional and social lives of shelter animals), animals were still being killed at MCAS for the same old reasons: agency induced stress, too old, too scared, not perfect enough, "barked" at the kennel door, "afraid of strangers", killed a nursing mama dog for "failing" the temperament test, then killed her puppies as "too young to survive without mom", one sorry excuse after another to justify inaction.

Here is just one example among many. A young dog with kennel cough (an index of stress) was ordered put to death.These are the agency notes for February 2, 2007,: " tried to interact with dog-dog growled and retreated to the back of kennel- I could not coax dog to come to me and he would not come forward -- he was also breaking with kennel cough-ER 1/31/07." Actually 'he' was a female but the point is that year after year nothing changes except the ever escalating death rate and falling adoption rates. Dogs are killed with the label "treatable/manageable" followed by either inaction, no rescue sought, or the explicit statement "no rescue permitted." How can one forbid rescue when an animal is treatable/manageable? After taking out many of the agency's "unadoptables" and successfully rehoming them, I can tell you they were not "unadoptable."

HOW CAN WE CELEBRATE THESE FACTS?

For some the Oregonian is the only source the public will ever read. That leaves the public unaware and trusting of an agency that doesn't merit trust. I talk to them after their animal has been killed, when it is too late to withdraw that trust.

Most of all accurate information is necessary for progress, in order to plan appropriate intervention programs. That will never happen as long as Multnomah County government eschews standards of accountability. It will never happen when the press spins a pretty story out of failure by not fact checking.

Sincerely,
Gail O'Connell-Babcock,Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299

For more information go to: www.mcasstopthekilling.com

For copies of agency public records call the us at the telephone number listed above. You may also call the agency but they will delay records receipt then starve you out with costs.
 
 
23 May 2007 @ 10:27 pm
Fact Sheet: Multnomah County Animal Services Performance

Facts are losing out to dirty political campaigning. I can only hope that by piling on the facts the truth will in the end overwhelm. I am sending report sets at the end of the week for analysis to Nathan Winograd, a graduate of Stanford School of Law who got tired of trying animal abuse cases and decided to take up shelter reform. Ironically he was a senior staff person at The San Francisco-SPCA where MCAS claims to have been certified. They attended a one week open admission workshop.

Winograd has gone into the two areas everyone said were impossible to achieve change: union dominated agencies and those in rural areas. The numbers of reasons for killing, formulas for killing, and just idle kills at MCAS are shocking. But he is the individual with the national reputation and experience who can cut right to the chase. Maybe that and prayer will do.

Propaganda is no substitute for the facts about Multnomah County Animal Services downward spiral and increasingly dismal performance. The excuses for failure are wholly unacceptable. The fact that Michael Oswald is a long time county bureaucrat shouldn't shield and excuse him from performance standards. Multnomah County government promised change. Was that just another empty political campaign promise? What is the excuse for the facts that more animals are killed and fewer saved in Multnomah County?

Whatever performance measure one uses, it is patently obvious to anyone that deaths have dramatically gone up while adoptions have gone down at MCAS during Oswald's tenure. The sharp decline in death rates was due to his predecessor, Gary Hendel. Michael Oswald assumed the directorship on March 3, 2003

Multnomah County Animal Services - Animal Trends

FY 00 Live dog Intake: 3,915 dogs killed: 1,140 dogs adopted: 1635
FY 01 Live dog Intake: 4,350 dogs killed: 890 dogs adopted: 1278
FY 02 Live dog Intake: 4,400 dogs killed: 1,019 dogs adopted 1243
FY 03 Live dog Intake: 4,210 dogs killed: 762 dogs adopted 1176
FY 04 Live dog Intake: 4,346 dogs killed: 754 dogs adopted 928
FY 05 Live dog Intake: 4,422 dogs killed: 1,136 dogs adopted 811
FY 06 Live dog Intake: 4,600 dogs killed: 1,259 dogs adopted 765

This is only one of many performance measures that demonstrate decline and deterioration under Michael Oswald. There are many many others. Using Michael Oswald's preferred performance measure, one that allows him to take undeserved credit for owner redeemed dogs never within the "pool" of animals whose lives MCAS could end or save, his kill rate has gone up by fifty percent from 18% in 2003, when he took office, to 27% in 2006. Adoptions have steadily and dramatically declined. Even fosters and transfers for dogs are steadily going down from 560 in FYI 2003 to 430 in FYI 2006. The picture is dismal for cats as well. In FYI 2003, 55.6% of impounded cats were killed while 26% were adopted. In FYI 2006 60% of impounded cats were killed while homes were found for only 18%. The facts fairly shout out at you while Multnomah County government does absolutely nothing. Surely this merits investigation.

Should Multnomah County government call a dramatically increased death rate and a steadily declining adoption rate "success"?

FACT: Over the past three years within the pool of dogs over whom Michael Oswald has had disposition control, the frequency of killing has nearly doubled; the rate of adoptions has dropped by nearly 50%. MCAS now kills nearly 60% of all dogs over which it has life or death authority, and finds new homes for only about 25%. In all of FY 2006, MCAS adopted out only 765 dogs, down from 2005 numbers of 811. The rapid steady decline in adoptions, complemented by a sharp incline in deaths has occurred since Michael Oswald became director.

FACT: Excessive killing has not translated into greater public safety. There has been no demonstrable reduction in bite incidents since Michael Oswald took over Multnomah County Animal Services. His arbitrary homespun temperament testing program where formulas that mandate automatic killing substitute for thought and judgment neither predict adoptability nor prevent bite incidents. No, killing more, an astonishing 50% more, has not translated into reduced dog bites or a more educated responsible public.

FACT: In 2000 a Citizens' Task Force recommended shelter reform consistent with this community values. The recommendations called for improving community education while striving for a reduction in shelter deaths. Instead Multnomah County dramatically increased killing. Enforcement continues to be adversarial, expensive, and penalty based. Escalating fines often force animal surrenders. As a reward for surrendering one's animal to be killed: "Your money or your dog's life", the fines are waived, Multnomah County's unique version of animal sacrifice. The usual excuses just don't fly: limited budget, limited space," difficult population." It is simply easier to cull and kill than it is to change. There is no excuse.

WHY IS MULTNOMAH COUNTY GOVERNMENT CELEBRATING THESE FAILURES?

Government "spin" is no substitute for accurate information, nor are irrelevant shiny distractions, self congratulatory awards posted on the wall. As long as Multnomah County's Board of Commissioners excuses this agency's conduct and grants a free ride to a fellow employee as a retirement gift (he's one of us), the public and its companion animals will pay an overwhelming price. Its about competence and honesty in government. And it is time to take action, now. Michael Oswald has had his chance. Now let this community dig its way out of the wreckage of his term in office.

Sincerely,

Gail O'Connell-Babcock,Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299
For more information: www.mcasstopthekilling.com
 
 
23 May 2007 @ 10:27 pm
To: The Oregonian Editorial Board:
Letters to the Editor

Mr. Nyberg's 02. 21.07 letter "Pit Bull deserves Death" demonstrates the power of ignorance, illogic and prejudice. Every time the word "Pit Bull" appears in print, this individual has written the same letter to the Oregonian. The Oregonian prints it. Have you verified its accuracy? Have you or he read the case file claimed by Animal Control Officer Brad Heinige to be 1 1/2 inches thick? Is it? You should check the measure and weigh this against the content.

For decades Wasco County has denied owners of companion animals even a semblance of due process by "trying" these cases in front of a politically driven administrative Board of County Commissioners. Denali is one of many historical cases in which owners of companion animals have had their rights trampled upon and effectively denied, their animals destroyed without the protections of due process. Property rights and rights to due process are tossed aside in these faux judicial proceedings.

A year after the meeting in which Denali was condemned to death, Jerry Keller, the child's father, who originally insisted Denali be put to death, apologized to Karissa Ball in a store in front of witnesses for letting his anger get the best of him. He was not a witness and was not cross examined at the public meeting in which Denali's fate was decided. Should we let retaliation substitute for justice? Would you insist a dog be put to death for a minor puncture wound 1/8 of an inch in diameter sustained during an over enthusiastic doorway greeting, an injury more compatible with a toenail wound not a "bite"? There were no expert witnesses.

Should we establish a protocol denying all owners of Pit Bulls, indeed all those we prejudicially dislike, the right of due process? Isn't that the stuff of lynchings? Wasco County's denial of due process to the underclass of companion dogs owners must be addressed and must stop. It is Wasco County government not Denali, that is on trial.

Sincerely,

Gail O'Connell-Babcock
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone 503.625.4563
 
 
23 May 2007 @ 10:25 pm


DENALI: DEATH ROW DOG LOSES FIGHT TO BIGGER LOSERS: Oregon's Judicial System and Wasco County
by Gail O'Connell-Babcock

Wasco County, Oregon has spent thousands of taxpayers dollars in a ruthless effort to destroy Denali, a small pit bull dog. The case speaks to the abject lack of due process and senseless arrogance that believes animals' lives, especially those of American Pit bull dogs, are worthless; dogs like Denali are pawns in a national game of scapegoating.

Lawyers recently lost the appeal filed on Denali's behalf at the Oregon Court of Appeals. The judgment becomes final 35 days from January 10. Robert Babcock will be filing an appeal with the Oregon Supreme Court on behalf of Denali, a young tan and white female American Pit Bull, who was impounded in July 2004. She has spent two and a half years on death row in Wasco County. Despite the fact that humane alternatives have been present from the outset, that the incident was minor and that future incidents are preventable, Wasco County has refused clemency. Denali has had a long term offer of sanctuary from a pit bull sanctuary in Indiana run by a former animal control officer.

Denali was ordered put to death by Wasco County's three commissioners following an administrative hearing with no pretense of fairness or adherence to legal/judicial standards. The incident iself was minor, happening when Denali jumped up to greet a visiting child just as the door was being opened. Some questioned whether it was bite at all as the puncture was more compatible with a scratch. Father and son went tubing on the river that afternoon.

In a similar Oregon case in 2000 concerning a young malamute/collie named Nadas, condemned to death for chasing a horse, only grassroots pressure forced Jackson County government to reconsider. The volume of correspondence including faxes that shut their fax machine down forced attention to this matter.

Eloquence matters less than simply being counted. Numbers can force attention. There is no reason to destroy a small dog who can be responsibly kept. What has failed is Oregon's judicial system and its sense of fairness.

Please write and encourage as many others as possible to also write the Wasco County government officials, Governor Ted Kulongoski, and Oregon's U. S. Representative Greg Walden seeking clemency for Denali. Give some thought to also copying the press.

There has been some political change on the Wasco County Board of Commissioners since this case began. Former Commissioner Scott McKay was replaced in the most recent election by a Democrat, Bill Lennox, who is also a mediator. I would focus on Mr. Lennox.

Contact information and a more detailed case history:

Governor Ted Kulongoski
160 State Capitol
900 Court Street
Salem,Oregon 97301-4047

Telephone:
Governor's Citizens' Representative Message line
(503) 378-4582

FAX: (503) 378-6827

E-Mail
Fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml

U.S. Representative Greg Walden
Website for e-mail correspondence: www.walden.house.gov
Address: 210 Longworth House Office Building, Washington D.C. 20515

WASCO COUNTY COMMISSIONERS

Mailing address:
Wasco County Court
511 Washington Street
The Dalles, OR 97058-2237

Telephone: (541) 506-2520
Fax: (541) 506-2521

Dan Ericksen, e-mail: DanE@co.wasco.or.us
( Mr. Ericksen is listed as a judge for the purposes of county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist).

Bill Lennox, newly elected Democratic Wasco County Commissioner, e-mail:
BillL@co.wasco.or.us

Telephone: (541) 506-2523

Sherry Holliday, e-mail: SherryH@co.wasco.or.us

LOCAL PRESS
The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058

Telephone News: (541) 296-2141
News Fax: (541) 298-1365

Letters to the Editor, e-mail: tdcnews@eaglenewspapers.com
Telephone: (541) 382-2006
Fax: (541) 610-1528
e-mail: preusch@bendbroadband.com

------------------------------------------------------------------------------

CASE SUMMARY December 28.2004 Denali, a young female pitbull belonging to Karissa Ball, has been impounded at Wasco County Dog Control, Wasco County, Oregon since late October 2004. By all reports she has done incredibly well, posing no problems and has been described as a very good dog despite a long confinement at this agency. These reports of her good conduct were never included in the county commissioner hearings nor was any animal behavior expert consulted. Companion animals throughout Oregon are viewed as disposable nuisances not meriting regard or consideration.

The summary incidents leading to Denali's prolonged confinement at Wasco County Animal Control and the order of her death by the Wasco County Commissioners were minor and preventable even by the admission of the reporters. On two different occasions Denali had escaped over the fence once after hearing the senior citizen next door dragging her garbage cans to the curb, another while the same citizen was raking her drive. On both occasions after hearing these loud noises, Denali grabbed the fingers of the woman, breaking the skin. The woman made light of both incidents. The concern was about appropriate confinement.

In the last incident leading to the determination by the Wasco County Commissioners that Denali should be put to death as a "public nuisance", Denali excitedly jumped upon a neighbor's child who came to the door to invite Karissa Ball to go tubing on the river. During an excited greeting Denali accidentally scratched his chest and also caused a minor 1/8 inch tiny puncture to the webbing near the thumb. Karissa Ball treated both with peroxide and the family spent the rest of the day tubing on the river.

During the "trial" held by the Wasco County Commissioners, none of the rules and regulations guaranteeing judicial due process were honored. The rules were whatever they wanted them to be. Throughout many of Oregon's rural counties animal control cases are "tried" by politically motivated administrative bodies with no interest whatsoever in judicial process or fair outcome. The opinions and wishes of those in attendance are all that are considered. No animal behavior experts were included. The availability of humane alternatives was ignored.

Two safe humane alternatives to killing were proposed and were summarily rejected. Karissa Ball relocated removing the spoken concern about a nearby elementary school. She also additionally constructed an eight foot fence around her new home.

Laurie Adams, an animal control officer in Franklin, Indiana, who also runs Casa del Toro Pitbull Rescue reviewed Denali's entire history and wrote to the Wasco County Commissioners offering Denali sanctuary. Without review or interest, they rejected a Motion for Reconsideration filed with Wasco County Court on September 7, 2004.

Those concerned parties who called the Wasco County Commissioners were treated to a series of propaganda misstatements, exaggerations and falsehoods by the Wasco County administrative office regarding the events leading to their conclusion that only a death was an appropriate sentence for Denali. They withheld information about the availability of effective humane alternatives. Denali would be far better off at the sanctuary she has been admitted to then constantly confined at Wasco County Animal Control marking time. She is no "threat" to society.

Like the administrative proceedings themselves, public concerns were railroaded through a negative political smear campaign. In order to "win," to justify killing a young dog, any method was fair game. The administrative secretary at the Wasco County Commissioners' Office laughingly dismissed public concerns as animal advocacy histrionics.

Denali's case is one among hundreds of local miscarriages of justice in Oregon where the fates of animals especially in rural areas are decided not by judicial process but by biased politically motivated administrative bodies, the local county commissioners. These are kangaroo courts without even a pretense of due process where animals' lives are treated as an uproarious joke. This must change.

In Denali's case the Wasco County Commissioners know well that "liability" concerns can easily and effectively be resolved without taking Denali's life. They just don't care. Animals are "nuisances" whose lives have no value. No one had best challenge their "authority."

The behavior of the Wasco County Commissioners cast a huge moral stain on the state of Oregon, a state that prides itself on its progressive values. There is no excuse for killing in this country when humane effective alternatives exist. Ironically Wasco County has made arbitrary needless killing more expensive than clemency in Oregon spending countless monies on this case.
 
 
11 April 2007 @ 09:36 pm
02.15.07: Bulletin on Denali, Young Oregon Pit Bull on Death Row since July 2004


Last week, Reb Babcock, attorney for Karissa Ball and Denali, filed a petition for review with the Oregon Supreme Court following the Oregon Court of Appeals' denial on January 10, 2007. We expect to hear in a month or more whether or not the Oregon Supreme Court accepts this case. The Oregon Supreme Court accepts very few requests to review Court of Appeals decisions. This week, he has also personally filed a petition for clemency on Denali's behalf with the Wasco County Board of Commissioners. I hope the public will take the time to join him in asking for clemency as well. It doesn't need to be a long note, or a top notch essay, just a signal of support for a little Pit Bull that has been tried enough when all along humane solutions have existed. On January 30, KOIN Channel 6 Television covered this case. By report, the Sunday Oregonian is also covering Denali's case on February 18. Updates will be sent by e-mail and will also be posted on the website: www.mcasstopthekilling.com. The website will also be posting a case from January 1988 involving the forced killing of a young Doberman Pinscher, Suzie, for allegedly killing a turkey (considered protected livestock). After her death it was discovered that Wasco County had concealed evidence clearing Suzie. The case raised serious questions about due process and the rights of owners and their companion animals at the time. Almost 20 years later the lack of due process and respect for the lives of companion animals remain serious concerns in Wasco County. Denali is only one in a long series of forgotten cases. Please write seeking social justice and change in Oregon ending these tragedies. Wasco County has spent thousands of taxpayers dollars in a ruthless effort to kill a small American Pit Bull dog that all along has had somewhere to go. It speaks to the abject lack of due process and callous indifference that animals lives, especially those of American Pit bull dogs, are worthless, that they serve as nothing more than pawns in a national game of scapegoating. Please write and/or fax the Wasco County government officials, Governor Ted Kulongoski, and Oregon's U. S. Representative Greg Walden seeking clemency for Denali. Give some thought to also copying the press. There has been some political change on the Wasco County Board of Commissioners since this case began in 2004. Former Commissioner Scott McKay was replaced in the most recent election by a Democrat, Bill Lennox, who is also a mediator. I would focus on Mr. Lennox. Contact information is listed below along with more detailed case history.


------------------------------------------------------------------------------ ---------------------


CONTACT INFORMATION Governor Ted Kulongoski 160 State Capitol 900 Court Street Salem,Oregon 97301-4047 Telephone: Governor's Citizens' Representative Message line (503) 378-4582 FAX: (503) 378-6827 E-Mail fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml U.S. Representative Greg Walden website for e-mail correspondence: www.walden.house.gov address: 210 Longworth House Office Building, Washington D.C. 20515 WASCO COUNTY COMMISSIONERS mailing address: Wasco County Court 511 Washington Street The Dalles, OR 97058-2237 Telephone: (541) 506-2520 Fax: (541) 506-2521 Dan Ericksen, e-mail: DanE@co.wasco.or.us ( Mr. Ericksen is listed as a judge for the purposes of county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist). Bill Lennox, newly elected Democratic Wasco County Commissioner, ,e-mail: BillL@co.wasco.or.us Telephone: (541) 506-2523 Sherry Holliday, e-mail: SherryH@co.wasco.or.us LOCAL PRESS The Dalles Chronicle P.O. Box 1910 The Dalles, OR 97058 Telephone News: (541) 296-2141 News Fax: (541) 298-1365 Letters to the Editor, e-mail: tdcnews@eaglenewspapers.com The Oregonian, Regional correspondent: Matthew Preusch Telephone: (541) 382-2006 Fax: (541) 610-1528 e-mail: preusch@bendbroadband.com


------------------------------------------------------------------------------ --------------------- CASE SUMMARY DENALI'S PLIGHT, YOUNG OREGON PIT BULL ON DEATH ROW SINCE JULY 2004


Denali, a young tan and white female American Pit Bull, was impounded by Wasco County Animal Control in July 2004. She has spent two and a half years on death row in Wasco County, Oregon. Despite the fact that humane alternatives have been present from the outset, that the incident was minor, and that future incidents are preventable, Wasco County has refused clemency. Denali has had a long term offer of sanctuary from a pit bull sanctuary in Indiana run by a former animal control officer. Denali was ordered put to death by Wasco County's three commissioners following an administrative hearing with no pretense of fairness or adherence to legal/judicial standards. The incident itself was minor, happening when Denali jumped up to greet a visiting child just as the door was being opened. Some questioned whether it was bite at all as the puncture was more compatible with a scratch. During an excited greeting Denali accidentally scratched the visiting child's chest and also caused a minor 1/8 inch tiny puncture to the webbing near the thumb. Karissa Ball treated both with peroxide and the family spent the rest of the afternoon tubing on the river. The only prior history involved preventable minor incidents, that could easily be corrected by proper confinement even by the admission of the reporter of the incidents. On two different occasions Denali had escaped over the fence once after hearing the senior citizen next door dragging her garbage cans to the curb, another while the same citizen was raking her drive. On both occasions after hearing these loud noises, Denali grabbed the fingers of the woman, breaking the skin. The woman made light of both incidents. The concern was about appropriate confinement. During the "trial" held by the Wasco County Commissioners, none of the rules and regulations guaranteeing judicial due process were honored. The rules were whatever they wanted them to be. Throughout many of Oregon's rural counties animal control cases are "tried" by politically motivated administrative bodies with no interest whatsoever in judicial process or fair outcome. The opinions and wishes of those in attendance are all that are considered. No animal behavior experts were included. The availability of humane alternatives was ignored. Two safe humane alternatives to killing were proposed and were summarily rejected. Karissa Ball relocated removing the spoken concern about a nearby elementary school. She also additionally constructed an eight foot fence around her new home. A former animal control officer in Franklin, Indiana, who also runs a Pit Bull rescue and sanctuary reviewed Denali's entire history and wrote to the Wasco County Commissioners offering Denali sanctuary. Without review or interest, they rejected a Motion for Reconsideration filed with Wasco County Court on September 7.2004. Those concerned citizens who called the Wasco County Commissioners were treated to a series of propaganda misstatements, exaggerations and falsehoods by the Wasco County administrative office regarding the events leading to their conclusion that only death was an appropriate sentence for Denali. They withheld information about the availability of effective humane alternatives. Denali would be far better off at the sanctuary she has been admitted to than constantly confined at Wasco County Animal Control marking time. She is no "threat" to society. Like the administrative proceedings themselves, public concerns were railroaded through a negative political smear campaign. In order to "win," to justify killing a young dog, any method was fair game. The administrative secretary at the Wasco County Commissioners' Office laughingly dismissed public concerns as animal advocacy histrionics. Denali's case is one among hundreds of local miscarriages of justice in Oregon where the fates of animals especially in rural areas are decided not by judicial process but by biased politically motivated administrative bodies, the local county commissioners. These are kangaroo courts without even a pretense of due process where animals' lives are treated as an uproarious joke. This must change. In Denali's case the Wasco County Commissioners know well that "liability" concerns can easily and effectively be resolved without taking Denali's life. They just don't care. No one had best challenge their "authority." The behavior of the Wasco County Commissioners cast a huge moral stain on the state of Oregon, a state that prides itself on its progressive values. There is no excuse for killing in this country when humane effective alternatives exist. Ironically Wasco County has made arbitrary needless killing more expensive than clemency in Oregon spending countless monies on this case.
 
 
21 January 2007 @ 10:16 pm
This has been an awful experience. I hope Wheeler lives up to his word to do
something about MCAS but it is so quickly forgotten and overlooked.

Tomorrow is the hearing over he agency's bid to dismiss the lawsuit for
access to electronic records. On the banning from MCAS when there was no due
process and no investigation so lies were for free, MCAS County counsel wrote Reb
directly that they were just going to engage in delays until they ran the clock
out. One way to buy injustice I guess.

Take care

Gail
 
 
The family whose plight is noted below paid $8,000 for the killing of an
alpaca for whose death they do not believe their under one year old pups were even
responsible. They dispute the allegation. They believed they had other
choice. They surrendered their American Pit bull pups to MCAS not knowing that MCAS
would simply kill them.

MCAS's rules for killing require the deaths of all surrendered animals that
have killed livestock/other animals, "no behavior assessment needed." It is an
automatic death sentence. But even the state law, SB 795, does not require
death as an outcome for livestock killing when such a killing can be proven to
have taken place. For a first offense involving killing livestock there are two
options: the dog can be moved to a location where it is not a threat or it may
be killed. Both options assume that a case has been proven.

This family was not provided the objective information and assistance they
needed to make a reasoned fact based decision. Based upon multiple citizen
reports, MCAS often exploits citizens' subjective fears and fantasies to manipulate
a preferred outcome, death, rather than allow citizens knowledge and access
to the resources they need. This agency monopolizes power then abuses its
singular position. The use of manipulation and force are not public services.
Although for ten years we have offered citizens pro bono legal advice and
assistance as well as education/prevention resources for humane alternatives, MCAS now
actively interferes with these services by destroying timely direct access to
public records then delaying receipt of copies of needed records at
prohibitive costs too late to help Multnomah County citizens.

What has this county "won"? Why deprive citizens, often the county's most
vulnerable, the volunteered independent information they want and need? Why
promote the abuse of authority automatically endemic to an organization that is run
like a virtual dictatorship unchecked by any outside performance standards or
accountability requirements?
------------------------------------------------------------------------------
---------------------------------------------
Subj: please do not pts Chucky id 465357 and Hennesey id 465358
Date: 12/23/06 4:17:25 PM Pacific Standard Time
From: Gocbwatchdog
To: Michelle.luckey@co.multnomah.or.us
To: jenny.m.morf@co.multnomah.or.us
To: john.m.rowton@co.multnomah.or.us
To: lorene.a.crabb@co.multnomah.or.us
To: jenny.j.holman@co.multnomah.or.us
CC: rbabcock@wallaceklormann.com
CC: serena.m.cruz@co.multnomah.or.us
CC: district1@co.multnomah.or.us
CC: mult.chair@co.multnomah.or.us
CC: lisa.h.naito@co.multnomah.or.us
CC: lonnie.j.roberts@co.multnomah.or.us

To: MCAS weekend managers, enforcement and County Counsel Morf:

I spoke with Ms. Lopez this afternoon about these pit bull pups who are less
than a year old seized from their kennels on 12.01.06 by MCAS. Ms Lopez is
very upset because she was led to believe she had no options or assistance. She
states that both pups are under one year, were seized by MCAS from their
kennel, and does not believe that the facts support that these pups are responsible
for killing an alpaca. She relinquished them because she didn't know she had
any real options. She was not told that they would almost certainly be killed.

Surely you would permit her a hearing on this matter given agency
misinformation. She was not told that MCAS would be putting these pups to death when she
relinquished them, relinquished because you limited her options and as usual
sent us notices intentionally too late to be helpful. Quite a game you run
around citizens.

Please do not PTS these dogs and allow the family the information they need
to make reasoned objective choices and decisions.

Didn't you owe her that information or did you simply once again take
advantage of her lack of information?

Shouldn't objective hearings be permitted rather than facts dispensed with as
"in the way" or assumed?

Please do not kill these puppies in what amounts to one more facilitated
extorted consent of the sort reported by so many citizens.

Thank you.

Gail O'Connell-Babcock
 
 
21 January 2007 @ 10:15 pm
The case of Denali, the young tan and white female American Pit Bull held on
death row in Wasco County Oregon since July 2004 (two and a half years ago)
was heard by the Oregon Court of Appeals in Salem, Oregon this morning, December
21. Robert Babcock, a volunteer attorney, represented Denali's case pro bono.


Given how slowly the wheels of justice turn, many have likely forgotten her
and forgotten her plight. The case is outlined below in a December 2004
communication. Although humane alternatives have been present from the outset, and
future incidents were minor and preventable, Wasco County has refused clemency.

While Wasco County's attitude is partly driven by the view that animals are
disposable nuisances, it also driven by virulent prejudice against American Pit
Bull dogs as a breed. The facts of the case and the availability of
alternatives hold no power over politically driven agendas.

Denali's case symbolizes all that is abhorrent in how Wasco County deals with
companion animals. It also reflects a national and local bias to unfairly
demonize, stigmatize and exterminate a breed primarily known for its stalwart
heart and benign nature simply out of prejudice and hatred.

This is not just a rural issue. Even in urban Multnomah County, Oregon, local
Animal Control Director Michael Oswald, while claiming no breed prejudice,
has in fact carried a sweeping covert Pit Bull ban in effect for the past three
years by creating separate and unequal temperament testing standards. Pit
bulls and suspected "mixes" are "failed" at levels that allow all other breeds to
go to adoptions. There is absolutely no compassion. To be Pit Bull or
suspected mix is to be a dead dog walking. No category is exempt. A mother Pit Bull is
tested and killed then her newborn puppies are killed as "too young to
survive without mom." Puppies as young as 10 weeks old are "tested"and destroyed.
Yet Pit Bulls and Pit Bull types are not significantly more responsible for
bites in the local population nor are the circumstances of the bites any different
from for other breeds in a short study we conducted. The facts simply don't
matter. The local County Commission turns a blind eye to these practices and
does nothing. The media has never covered this. They go along. For more
information go to www.mcasstopthekilling.com.

Denali's plight is important for her sake alone. Why kill a companion animal
when effective safe humane options exist? Dog's lives are so short anyway.

Please protest "enough."

Please take the time to write the Wasco County Commission and Governor Ted
Kulongoski asking for clemency for Denali. The real crime has been the abject
lack of due process and the unseemly conduct of the Wasco County Commissioners
and District Attorney Eric Nisley resulting in the long term unnecessary costly
incarceration of this young dog who has always had a home waiting for her
upon release.


Gail O'Connell-Babcock
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road
Box 508
Sherwood, OR 97140
503.625.4563

Because there are so few of us dealing with shelter reform locally and
because of the volume of crisis calls I seldom get to e-mail correspondence. If I
don't write back it is not for lack of caring. I may well have never seen your
e-mail. Please feel free to call. We answer every one.

Case outline follows.

------------------------------------------------------------------------------
------------------------------------------------------------------------------
----------------------------------------------------------

December 28.2004

WASCO COUNTY OREGON CIRCUIT COURT REJECTS APPEAL TO SPARE DENALI, A YOUNG
PITBULL'S, LIFE

On December 23, 2004, Wasco County Circuit Court rejected the legal argument
advanced by attorney Robert Babcock that the county lacked jurisdictional
authority to enforce state law through its own county administrative processes
(Wasco County lacks a local animal control ordinance). Only one appeal through
the Oregon Court State of Appeals remains an alternative avenue.

Denali, a young female pitbull belonging to Karissa Ball, has been impounded
at Wasco County Dog Control, Wasco County, Oregon since late October 2004. By
all reports she has done incredibly well, posing no problems and has been
described as a very good dog despite a long confinement at this agency. These
reports of her good conduct were never included in the county commissioner
hearings nor was any animal behavior expert consulted. Companion animals throughout
Oregon are viewed as disposable nuisances not meriting regard or consideration.

The summary incidents leading to Denali's prolonged confinement at Wasco
County Animal Control and the order of her death by the Wasco County Commissioners
were minor and preventable even by the admission of the reporters. On two
different occasions Denali had escaped over the fence once after hearing the
senior citizen next door dragging her garbage cans to the curb, another while the
same citizen was raking her drive. On both occasions after hearing these loud
noises, Denali grabbed the fingers of the woman, breaking the skin. The woman
made light of both incidents. The concern was about appropriate confinement.

In the last incident leading to the determination by the Wasco County
Commissioners that Denali should be put to death as a "public nuisance", Denali
excitedly jumped upon a neighbor's child who came to the door to invite Karissa
Ball to go tubing on the river. During an excited greeting Denali accidentally
scratched his chest and also caused a minor 1/8 inch tiny puncture to the
webbing near the thumb. Karissa Ball treated both with peroxide and the family spent
the
rest of the day tubing on the river.

During the "trial" held by the Wasco County Commissioners, none of the rules
and regulations guaranteeing judicial due process were honored. The rules were
whatever they wanted them to be. Throughout many of Oregon's rural counties
animal control cases are "tried" by politically motivated administrative bodies
with no interest whatsoever in judicial process or fair outcome. The opinions
and wishes of those in attendance are all that are considered. No animal
behavior experts were included. The availability of humane alternatives was
ignored.

Two safe humane alternatives to killing were proposed and were summarily
rejected. Karissa Ball relocated removing the spoken concern about a nearby
elementary school. She also additionally constructed an eight foot fence around her
new home.

Laurie Adams, an animal control officer in Franklin, Indiana, who also runs
Casa del Toro Pitbull Rescue reviewed Denali's entire history and wrote to the
Wasco County Commissioners offering Denali sanctuary. Without review or
interest, they rejected a Motion for Reconsideration filed with Wasco County Court
on September 7,2004.

Those concerned parties who called the Wasco County Commissioners were
treated to a series of propaganda misstatements, exaggerations and falsehoods by the
Wasco County administrative office regarding the events leading to their
conclusion that only a death was an appropriate sentence for Denali. They withheld
information about the availability of effective humane alternatives. Denali
would be far better off at the sanctuary she has been admitted to then
constantly confined at Wasco County Animal Control marking time. She is no "threat" to
society.

Like the administrative proceedings themselves, public concerns were
railroaded through a negative political smear campaign. In order to "win," to justify
killing a young dog, any method was fair game. The administrative secretary at
the Wasco County Commissioners' Office laughingly dismissed public concerns
as animal advocacy histrionics.

Denali's case is one among hundreds of local miscarriages of justice in
Oregon where the fates of animals especially in rural areas are decided not by
judicial process but by biased politically motivated administrative bodies, the
local county commissioners. These are kangaroo courts without even a pretense of
due process where animals' lives are treated as an uproarious joke. This must
change.

In Denali's case the Wasco County Commissioners know well that "liability"
concerns can easily and effectively be resolved without taking Denali's life.
They just don't care. Animals are "nuisances" whose lives have no value. No one
had best challenge their "authority."

The behavior of the Wasco County Commissioners cast a huge moral stain on the
state of Oregon, a state that prides itself on its progressive values. There
is no excuse for killing in this country when humane effective alternatives
exist. Ironically Wasco County has made arbitrary needless killing more
expensive than clemency in Oregon spending countless monies on this case.


Please write Governor Ted Kulongoski protesting the actions of the Wasco
County Commissioners. Ask for clemency.

Please also advise the Wasco County Commissioners that you will be boycotting
their tourist destinations and their products in light of their inhumane
conduct. Any family with companion animals visiting Wasco County, Oregon places
their companion animals at automatic risk.

Among Wasco County's tourist destinations are Kah-Nee-Ta Resort and the
Columbia River Gorge Discovery Center. County Commissioner Dan Ericksen is an
orchardist. Agriculture is an important export. More information about Wasco
County can be obtained at the Wasco County website:

http://www.a2zgorge.info/services/wascoco.htm

Please contact Governor Ted Kulongoski (pictured with his dog, Hershey, the
First Dog of Oregon on the governor's website) at:

http://governor.oregon.gov/Gov/contact_us.shtml

PLEASE PROTEST THE ACTIONS TAKEN BY THE WASCO COUNTY COMMISSIONERS.

PLEASE POST AND CIRCULATE WIDELY

CONTACT INFORMATION
Governor Ted Kulongoski
160 State Capitol
900 Court Street
Salem,Oregon 97301-4047

Phone
Governor's Citizens' Representative Message line
(503) 378-4582

FAX: (503) 378-6827

E-Mail
fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml

District Attorney Eric Nisley ( responsible for dragging this case out)
Wasco County Court
Room 302
511 Washington Street
The Dalles, Oregon 97058-2237

Telephone: (541) 506-2520
Fax: (541) 506-2521

WASCO COUNTY COMMISSIONERS ( also responsible for dragging this case out

Dan Ericksen, e-mail: DanE@co.wasco.or.us
( Mr. Ericksen is listed as a judge for county commission administrative
proceedings. This does not require a legal or judicial background. Mr. Ericksen is
an orchardist).

Scott McKay, e-mail: SMcKay2001@charter.net

Sherry Holliday, e-mail: SherryH@co.wasco.or.us

LOCAL PRESS

The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058

Telephone News: (541) 296-2141
News Fax: (541) 298-1365

Letters to the Editor, e-mail: dspatz@eaglenewspapers.com

The Oregonian, Regional correspondent: Wendy Owen
Telephone: (541) 296-0606
e-mail: wowennews@aol.com

WHEN HUMANE EFFECTIVE ALTERNATIVES TO KILLING COMPANION ANIMALS EXIST IT IS
UNCONSCIONABLE TO KILL.

OREGON'S PRIMITIVE FOCUSED ATTACK ON AMERICAN PIT BULL DOGS AS A BREED AND
ITS LACK OF DUE PROCESS FOR COMPANION ANIMALS AND THEIR GUARDIANS MUST STOP.

FOR MORE INFORMATION CONTACT:

Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 S.W. Tualatin-Sherwood Road, Box 508
Sherwood, Oregon 97140

Telephone: (503) 625-4563
Fax: (503) 925-8299
e-mail: gocbwatchdog@aol.com
www.mcasstopthekilling.com
 
 
From: Gocbwatchdog@aol.com
To: jenny.m.morf@co.multnomah.or.us
Subject: THE COST OF PUBLIC RECORDS OBSTRUCTION, MULTNOMAH COUNTY, OREGON
Date: Sun, 26 Nov 2006 3:39 PM

Ms. Morf:

For more than 7 months, you and your client, Michael Oswald of Multnomah
County Animal Control, have systematically denied access to public records. You
have dodged the public records law with the transparently false claim of
"security risks": that you needed to build a "firewall" between the public and this
agency's records. What we have instead is a stone wall behind which Mr.Oswald
and staff hide. The real motivation is exclusion of any public involvement and
a desire -- not a "need"-- for secrecy lest Mr. Oswald's cruel and inhumane
policies be called into question.

By taking control of public records production, charging extortive fees
intended to discourage requests, then delaying production until long after the
"useful life" of records has expired, you have engaged in the sort of underhanded
common duplicity that marks everything MCAS does. Why do you as County Counsel
participate in these dishonest behaviors?

The net effect of delaying records that could easily be provided or accessed
timely is that you as County Counsel deprive citizens of needed resources in
an adversarial hearings process in which you represent the other side: the
County agency and citizen complainants. You "win" by depriving citizens of the
information they need to mount an informed defense. In short, you "win" by
obstruction.

The same holds true for intentional delays in production for electronic
records. The result is that citizens and those who might assist animals in need are
deprived of information that could make the difference between their being
able to keep their animals or between an animal's life or death. Rescue groups
that could once ask about the status of animals at risk have now been informed
by you that the only way they can have that information is by making a public
records request. Since the records are uniformly provided late, potential
rescuers are effectively denied the information about animals for whom they have
resources. The effects are so obvious they must be intended.

What we provide now is mostly grief counseling. This Sunday morning a citizen
called us frantically about his dog. He had surrendered his dog to the county
because he didn't have the knowledge or means to take care of his dog's skin
condition and related irritability. Although this fact was not noted in the
record, he also offered to make time payments to MCAS to help with his dog. He
made sure to tell us that he hadn't "dumped" his dog but surrendered him hoping
that his dog could receive help. He simply didn't know what else to do. The
county didn't help him or his dog. His dog, whose status he is trying
frantically to learn, is very probably dead despite the fact that a treatment plan was
provided by a consulting veterinarian. This happens over and over again. His
mistake was trusting that this was an agency willing to go the extra mile.
There were options and resources for his dog. Because of your intentional public
records delays he received our information about resources too late. When he
hung up the telephone he was anguished.

What do you "win" by withholding records, Ms. Morf? The "right" to exercise
needless arbitrary authority? The agency's need to "elbow out"public assistance
frequently results in unnecessary tragedy.

Last year when we and others in the community could inquire about an
animal's status without the obstructive process you have installed, a little Shar
Pei's life, a dog labeled "unhealthy and untreatable" was saved. He wasn't "
unhealthy and untreatable" at all, just misdiagnosed. Instead of the public's
assistance being viewed as helpful and corrective, it was treated as an insult to
staff's supreme authority. The "solution" to this trespass upon agency control:
literally shut the doors and windows, keep the public out. The assistance the
community can offer and animals' lives are both sacrificed to government's
ego.

You, as Multnomah County Counsel champion this deceit. The public deserves to
know the cost of your conduct.

Sincerely,

Gail O'Connell-Babcock
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin- Sherwood Road
Box 508
Sherwood,OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299
 
 
Jenny Morf, Assistant County Attorney
MCAS Public Records designee
Office of Multnomah County Attorney
501 SE Hawthorne, Suite 500
Portland, Oregon 97214

cc: Robert Babcock

cc: Officer Michelle Luckey
cc: Cecilia Johnson, Director, Department of Public Services

Fax: 503.988.3377 How to dodge Public Records
Requests



Ms. Morf:

First, I am faxing back to you the records you sent by mail that are now too
late to be of value. I will not be using them. I requested the local address,
not the Tennessee address with three bad telephone numbers that you provided
for a soon to be expired NOI for Mr. Edwards. I requested this be faxed
several days ago noting its time urgency. You ignored our reasonable request
choosing instead the far more cumbersome intentionally delaying tactic of copying
then mailing this in a manner that guaranteed an arrival too late to be of service
. This arrived the afternoon of November 8. I can't possibly reach Mr.
Edwards in one day. His appeal time is up November 10. Your nonsense bizarre
refusal to use faxes when appropriate satisfies what goal, Ms. Morf? I think it is
obvious. You go out of your way to deny records timely.

Second, your "new" delivery system, adds a 50% additional surcharge to an
already doubled hourly rate, one of the highest public records charges around.
The materials requested are the same, the volume is the same. The price 'hike"
for the same requests and the same materials went from about $100 to over $150
without any demonstrated cause. It used to be half as much before public
records became a venue for retaliation. Could you be more obvious? That will be a
matter for legal resolution. We help citizens in need. In contrast you invent
public records production systems and charges focused on removing access to
public records by the public. The practice of price gouging is common at MCAS,
the same one that citizens protest and that has so alienated the public from
this agency. Is this what County Counsel's "work" is?

Third, I am also faxing back all of the quarantine notices that arrived too
late to be helpful and anything else that fell within those parameters. I do,
nevertheless, take each notice and write each citizen and apologize to them
stating that MCAS provides records late so any help we can offer will not be
timely. I am sure that you want to see how many are affected.

Finally a comment on business like behavior and timeliness regarding fees.
The ritualized implied threat of withdrawal of public records that routinely
accompanies each billing statement if payments are not prompt is laughable. The
problem as you know, is yours, not ours. We honor our contracts even when
overcharged and records are deliberately delayed or forgotten. You do not.
Sometimes it works in our favor. For example I am not asking for a reimbursement of
the cat quarantine notice I didn't request but which was sent anyway. In it the
complainant strangled a cat to death for biting him then buried the
"evidence." MCAS's only concern was whether or not the cat had had a rabies shot. That
one is worth its weight in gold. Perhaps that will motivate you. There is a
lot that deserves administrative review of this agency's conduct and aberrant
practices. There has been no review in decades. Keep the curtains closed.

What an incredible deployment of public monies and government time to refuse
public access to agency records. Is it your job to use taxpayers' monies to
protect an errant public service employee from public view?

Sincerely,

Gail O'Connell-Babcock
 
 
Ms. Morf:

We will be filing yet another lawsuit against Multnomah County. Your

"control" of public records production to retaliate and punish agency critics

continues to simply escalate.



It would be far better/easier to simply correct documented problems at MCAS

including but not limited to deception than to silence critics. For six months

now after your taking control of records production for alleged "security"

reasons (did you mean job security?) you have systematically provided these time

sensitive records piecemeal, at enormous cost and so delayed that we are

unable to do what we once did: provide citizens, many who are vulnerable and

without means. We provided them with free services they need to comply with this

agency's extraordinary demands. It takes enormous energy and will power to

deliberately provide us records too late for us to be helpful. It takes no effort at

all to provide these timely.



I will be faxing back to your office all of the most recent records that were

provided after the agency deadlines. Do what you will with them. Of course we

will "pay" for these useless records because of your threats that none will

be provided again if we do not. That form of agency behavior is know as

extortion, a behavior more suitable to the Mafia than to civil service.



Here is one small example, repeated over and over again, that demonstrates

just how petty, small minded and retaliatory this agency's and your conduct is.

Any public official would be embarrassed.



Multiple public records requests made on October 17 were missing from the

mailing (a common occurrence). I asked that only two from the October 23

Inventory be faxed because of the time urgency. You refused to acknowledge this

request. One concerned a little pit bull who had entered the agency on October 17.

The dog's name was Dodge. I pleaded with you for that information. You must

have enjoyed my distress. You sent nothing.



Despite the fact that the error was yours and the agency's "policy" ( these

are made up whenever Michael Oswald doesn't want to do something) permits

faxing up to ten pages, you refused this minor business cooperation. How laughable

and tragic that even a Fax machine has become an instrument for retaliation in

your and your client's hands. It would have taken the agency far less time to

fax the 2 requested items than insist on downloading these and mailing them

far too late to be of service.



We received this information by boat mail through the Panama Canal on

Saturday, November 4, a weekend when most cannot be contacted. As it happens, I do

have resources for the little pit bull whose behavior is now deteriorating under

stress at MCAS. Who knows if he is still alive? Pit bulls are destroyed at

MCAS in massive numbers usually within five days due to aggressive unfounded

MCAS breed prejudice.Twelve week old puppies are killed for 'failing" the

temperament test, or "whimsically" because they are to young to survive without mom,

who was also killed for "failing the "temperament test."



What did you "win," Ms. Morf? Using one's public position to retaliate is
frankly unlawful. Must you prove daily the lengths to which you will go to
support agency misconduct? If you are "teaching" me my place, I know place. It is
you who seem unaware of your professional obligations.

Allow me to add to the reports of the lengths to which you go to inflict
harm. We have received multiple calls from rescue organizations distressed over
your "new" policy that if they want information regarding the status of animals
they might have resources for they must request and pay for this through the

lengthy and costly public records process. They can of course appeal through

you but then you never respond. They will of course get his information too late

to be helpful. They can no longer simply ask the status of an animal in need

as they once did about whom they might be able to rescue.



And what motivates this new insane counter productive "policy"? Nothing more

than an attempt to "backtrack" and "cover up" this agency's singular "get

even" retaliatory practice toward us. If you make your treatment of them

"consistent" with your treatment of us, the appearance of retaliation towards us might

not be so obvious.



They wonder why in order to punish us you must punish them as well. Can you

explain to them why, Ms. Morf, why government monies are spent like this?



Allow me. For several years, ever since we pointed out that animals labeled

"unadoptable" by MCAS were in fact successfully adopted out by others we have

been targetted for exclusion, the "enemy" of the status quo. From that day

forward, MCAS declined to provide us any information about animals in need and

told us to get this through public records, a time consuming awful task. Staff

were advised that they were no longer allowed to speak to us. Others who didn't

criticize MCAS were allowed to continue to receive this infomration for free

as part of the "loyalty" package.



Now you are making the policy "uniform" after the fact to hide the fact of

retaliation. But all that you have done in an effort to conceal your covert

agenda is to destroy rescue options for animals currently in need at MCAS, and

further drive away rescue organizations.


That is the opposite of public service, the opposite of how government should

behave. You know that. You're paid a salary by Multnomah taxpayers anyway,

"win" or lose. Social judgment and social responsibility need not be part of

the equation of government service in Multnomah County.



How many more examples should I provide?



Sincerely,



Gail O'Connell-Babcock
 
 
05 October 2006 @ 03:11 pm
Jenny Morf, Multnomah County counsel, threatened that if we
proceeded with
the public records lawsuit she would file for sanctions and fees. She
routinely
misrepresents, lies and dodges around the issues. Those are also the
agency's,
MCAS, practices: fear, intimidation, and threats to force silence and
capitulation. It is not a pretty game.

Gail
-----------------
Forwarded Message:
Subj: FW: O'Connell-Babcock v. MCAS
Date: 10/4/06 8:59:51 AM Pacific Daylight Time
From: RBabcock@wallaceklormann.com (Robert Babcock)
To: Gocbwatchdog@aol.com



Robert E. Babcock
5800 Meadows Rd., Suite 220
Lake Oswego, OR 97035
503.224.8949
503.317.0312 (cell)
503.224.0410 (fax)
________________________________

From: Robert Babcock
Sent: Wednesday, September 27, 2006 10:41 AM
To: 'MORF Jenny M'
Subject: O'Connell-Babcock v. MCAS

I just received your 9/27/06 letter. I believe that the Second Amended
Complaint satisfies all of Judge LaBarre's concerns and properly pleads
a cause of action. I intend to pursue. Do what you will. As to your
penultimate paragraph, you again appear to have forgotten your statement
to the judge that you did not seek to force a return to the DA.

We have not made a request for production of "all records related to
enforcement and disposition decisions." We have, instead, made a
request to directly inspect those records. That request has been
clearly denied by you,MCAS, and the DA. I believe that the public
records law requires that inspection be permitted unless you prove that
direct inspection would threaten the "integrity" of your system or
result in disclosure of "exempt" records.

Robert E. Babcock
5800 Meadows Rd., Suite 220
Lake Oswego, OR 97035
503.224.8949
503.317.0312 (cell)
503.224.0410 (fax)
 
 
03 October 2006 @ 03:09 pm
October 3 , 2006



Jenny Morf, Assistant County Attorney
MCAS Public Records designee
Office of Multnomah County Attorney
501 SE Hawthorne, Suite 500
Portland, Oregon 97214

cc: Robert Babcock
cc: Officer Michelle Luckey


cc: Cecilia Johnson, Director of Community Services
cc: Multnomah County Commission

Fax: 503.988.3377

PUBLIC RECORDS REQUEST FAILURES



Ms. Morf:

As noted last week, I am unable to make the current needed public
records
requests because you have failed to provide previously requested
information
needed to do so. No current inventory list was provided when the August
15, 2006
requests were finally produced on September 19. Missing from the
September 19
production for August 15 was the current inventory for the day the
records
were produced. There is no acceptable honest explanation for the
omission of the
inventory list with its associated animal records. I notified you of
this
omission last week. The last inventory request received was provided
on August
29. These used to be provided biweekly. Also requests for September 12
remain
outstanding gathering dust now more than three weeks after these
were
submitted. As you know all these requests are very time sensitive.

How is this an "improvement" meeting any objective government
performance
standard? The charges are twice as much; the records withheld until
they have
no functional value. Meanwhile you demand prompt payment of excessive
charges
with a threat of sanctions if not immediately paid. Where are your
performance
standards? When can we expect a response? Haven't you claimed to the
court
that you routinely and responsibly provide records?

For the record, retired Legal Aide Officer Lindi Mantifel previously
in
charge of public records always provided the identical requests along
with an
itemized list within two days every two weeks. The requests were error
free.
Corrections were immediate on the rare mistake. Contracts were honored
not dodged.
It can be done. We are not allowed to access public records on a "read
only"
system because you have forbidden this. We must depend on your
statement that
you would honor records requests. After five months going on six now
you
haven't.

When can we expect the requested information? As you well know without
the
requested inventories information, without requests being honored, we
can
neither offer resources to citizens nor can we make any further
requests. It is
quite clear by now that the motive driving taking over records
production is to
destroy public records access and shut down our efforts to help this
county's
citizens. Everyone (including other government officials) we have
consulted
over the legitimacy of these actions has commented on the intentionally
destructive effects of your records production behavior.

Enclosed find the payment of $121.52 for the partial production of the
August
15.2006 records (produced long after their usefulness). This includes
as well
payments for quarantine notices, complaints and Notices of Infraction
sent
separately on September 18 and September 26.

I am submitting a formal appeal for the second charge of $7.79 on
September
18 listed as "research for address changes." No, as previously noted,
these were
not requests for "address changes." That is simply false. They were
requests for address corrections (4) already in the system at the time
the first
request was made. The error wasn't mine. It was the agency's error. I
paid once
for this information. No legitimate government agency charges a client
to
correct the agency 's own record entries. I asked other government
agencies about
your new practice. Instead these agencies told me that they give
credit.
Unless the motive again is to single me out for retaliation shouldn't
you instead
thank me for discovering errors in your system? You didn't know about
them
until I brought them to your attention. Why make me pay? I didn't make
a mistake.
I asked for correct addresses.

When can I expect the requested records?

Sincerely,

Gail O'Connell-Babcock
 
 
 
 

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