john tucker must die

"I feel like I'm coming to you today with some very good news," Bandera County Attorney Kerry Schneider told commissioners Nov. 24.

Referencing the progress thus far forged with the county's formerly slapdash animal control policy, Schneider said there is still room for improvement, but steps are being taken toward public-friendly procedures that should ultimately benefit the stray, abandoned and lost animals within the county. At the helm of a court-appointed committee charged with rewriting the rabies and animal control order, Schneider said officials have listened to the public and citizens' concerns are being addressed.

"We have heard," Schneider said. "I think we got the message. We have heard your message."

Acknowledging that the community has been concerned about the disposition of animals after being placed in the county's custody, Schneider informed commissioners that with the exception of two dogs, every dog that has funneled through the county since the beginning of November has been sent to a rescue organization, adopted or retrieved. Of the two dogs in question, Schneider said one was euthanized after being diagnosed with a brain tumor and the other died in a veterinarian's office after being shot by a rancher.

Since Nov. 4, Senior Animal Control Officer Rick Neely has picked up 22 dogs. According to reports, the county has collaborated with D and D K-9 Concepts, Homeward Bound Dog Rescue, the Humane Society, the Animal Defense League, Joanna Benedict, Animal Welfare Society of Bandera, SNIP San Antonio and Homeless Halo to find appropriate placement.

In order to further continued momentum, Schneider advised the creation of a community liaison on animal control issues, both to make the proposed system more efficient and enable communication between the county and the public. Commissioners approved the move, but not without contention and a question of legality. Schneider recommended the duty of community liaison be assigned to Jennifer Gaertner, who already worked on a part-time basis in the county attorney's office. Gaertner's additional responsibilities, which include working with each animal control officer who comes into the sheriff's office; handling applications for destruction, livestock kills and animal seizures; tallying and recording stray and unwanted animals; updating the county website with pictures and information of impounded animals; and working with animal rescue organizations, would increase her hours to full-time status. Schneider said Gaertner has already worked numerous hours toward the establishment of a structured animal control facility, both on county and personal time.

"I think it's a new approach. I'm not sure if any other counties have done this before, but I think it sets a good example," Schneider said. "We are going to listen to the citizens of our county, but we also ask them to understand that the county is limited in its statutory authority."

Pct. 2 Commissioner Bobby Harris, who also sits on the animal control planning committee, expressed some concerns regarding Gaertner's appointment, specifically whether the court had the appropriate authority to create a position that is detailed in an as-yet unapproved animal control order.

"I think we're trying to put the cart before the horse," Harris said. "I would like to ask for the attorney general's opinion." Harris also queried whether the creation of a community liaison for animal control during the 11th hour of Schneider's tenure as county attorney was appropriate.

"Let me remind you that we have a new county attorney coming in January," Harris said. "She's leaving office Dec. 31. He's the man who has to enforce this."

Schneider argued that County Attorney-Elect John Payne would have the same authority to change the arrangement of liaison as he would any other policy or staffing arrangement currently in place once he takes office. She also countered that the county had the authority to approve a county employee position. County Treasurer Kay Welch said that the county could add additional duties to an existing position by modifying the job description.

"My vision of the order was that the position would be a full-time community liaison," Schneider said. "I'm asking the court to consider trying this on a part-time basis."

County Auditor Christina Moeller said that the transition from a part-time to full-time position, including the benefits package, would cost the county $14,000. For now, Moeller said, the funds would come out of the county attorney's office contingency funds. Sheriff Weldon Tucker said that Gaertner's liaison status would free at least 50 percent of one animal control officer's time, who could perform other relevant job tasks.

"It's going to give us back the opportunity to do other things," Tucker said. "You betcha'."

Harris was the lone opposition to the approved motion, stating for the record that he would like to have an attorney general's opinion, as well as input from Payne. The vote passed four to one.

"It's nice not to have hearings to euthanize a dog," County Judge Richard Evans said. "That's a terrible hearing. It's the only time that you have to execute the victim."

http://www.banderabulletin.com/articles/2008/12/03/news/560.txt