7)Conversation with Sheriff Jon Wilson

At the last Shiawassee County Board of Commissioners meeting in May it was moved to table the issue of the kennel licenses for the illegal kennels operated by veterinary clinics until the June meeting. That was said to be June 20, which would be the committee of the whole... At least that was my ultimate understanding. That would have been today, June 20, 2006 at 4 PM for the Committee of the Whole meeting. Well, today that subject was not on the agenda.

I had some questions for Shiawassee County Sheriff Jon Wilson about the Animal Shelter Activity Report and the form used for kennel inspections and I mentioned the kennel licensing was not on the agenda. He told me, “We had a meeting this morning to discuss that.” I asked, “Who is “we”?” He said that was himself, the county coordinator, Margaret McAvoy and the Prosecutor, Randy Colbry. Seems like there might have been another involved, but I don’t remember for sure.

Sheriff Wilson said, “They decided to extend 60 days while they decided what would be done.” Or words quite similar to that effect. I am pretty sure no county commissioner took part in that decision. Sheriff Wilson also said there wouldn’t be any point in pursuing this, if they were going to change the ordinance. What?

Previously the Committee of the Whole voted to enforce the ordinance as it was written. Now these three are deciding to delay while it is decided about changing the ordinance. Somethin’ rotten in Denmark. I thought the commissioners who sit on the Committee of the Whole made it quite clear they wanted the sheriff to “enforce the ordinance as it was written”.

Sheriff Wilson continued talking about the definition of “Kennel”, which in the county ordinance reads in part “Commercial Kennel. Any lot or premise used for the commercial sale, boarding or treatment of household pets.” He said the word “treatment” should really be “training” and that was a typo. Now Sheriff Wilson, I’ve told you before, it’s like Judge Judy said, “Don’t Pee On My Leg and Tell Me It’s Raining”. That was not a typo, that word was meant to be “treatment”. You may be able to convince somebody otherwise, but it won’t be me.

Sheriff Wilson also said, “Looking at the Dog Law of 1919 the definitions are different and it doesn’t make sense to have different definitions. Don't you think people should be able to go by the same definition?”

hmmmmmmmmm...........Well, then why have an additional ordinance? Why not just enforce the State Dog Law of 1919 and throw away the Shiawassee County Animal Control Ordinance? The two are not likely to stay the same forever. The county ordinance is somewhat redundant with a few extra twists thrown in, albeit totally unnecessarily.

And Excuse me, several years ago it was Sheriff Wilson that said the Dog Law of 1919 was old and outdated. At that time I said it is not, it is amended on a regular basis and stays current. The same as the law that was enacted in 1858 (or somewhere in there) that gives authority to the County Board of Commissioners. Today…yes today….Sheriff Wilson tells me that law gets amended. Well how do ya like that?

So, his argument is changing “treatment” to “training” will make the two definitions the same? I think not. The Dog Law of 1919 says, in part, ““Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.”. Then in Section 10 the Dog Law of 1919 gives further definition:

The DOG LAW OF 1919, Act 339 of 1919 defines a Kennel as

287.261 Short title; definitions.Sec. 1.(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.

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Further The Dog Law of 1919 states under section 10 in part:

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287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception. [M.S.A. 12.520 ]Sec. 10.

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For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel.

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Doesn’t match. So which leg do you want to pee on this time?

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Sheriff Wilson also explained some about how he had changed things at the animal shelter and saved hundreds of thousands of dollars. I told him, “That’s a stretch. You know I have the financials.” He said he knew I did. Over the three years since he reduced staff at the animal shelter, the budget had been reduced a little over $198,000. Maybe that is a good thing, but let’s not claim “hundreds of thousands” just yet.

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However, I do have a question about that. He reduced staff in 2004, expenses went from $198,021 in 2003 to $128,954 in 2004. So how come he/they had to double and triple the dog licenses in 2005? Revenue went from $86,399 in 2004 to $163,000 in 2005. So which leg do you want to pee on this time?

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This raise in fees, altered dogs went from $5 to $10 (double), unaltered went from $10 to $30 (tripled and the highest in the state) turns this into a profit center paid for entirely by the dog owners, yet the shelter takes in as many cats as dogs.

Why didn’t they put a license on cats? Why should the dog owners pay for everything?

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State of Michigan Dog Law of 1919 and their own Shiawassee County Animal Control Ordinance states: “The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act (Dog Law of 1919) as it pertains to dogs. “

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Yet they set the fees high enough to administer ALL of the laws enforced by animal control and still show a profit.

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There are at least 20 “acts” of state law that are enforced by animal control. I can list them, it isn’t all dogs. The animal control revenue should probably be about 50% of the animal control budget, that is what state law mandates. Either that, or make two entities: Dog Licensing and Other Animal Control. Because, at this time, they cannot even show what their expenses of administering the dog law are. Their accounting system has no way of breaking that out, therefore they think they can claim anything they want??? (and appears get away with it).

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They don’t even use the additional money to benefit the animals! It goes straight into the general fund so dog owners get to support the whole county? Not just dog control.

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Hmmm ……the dog owners really didn’t even yelp much, maybe the county could have raised the fees even more. Great new “think outside the box” tax to raise money.

This county wants to whoop and holler over a drain commissioner doing something without authority from the county board of commissioners. HA! How about looking at the Shiawassee County Board of Commissioners and all they do with no authority from anywhere and in violation of state laws.

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Somebody needs to start an investigation into that.