Sharon Logan Settlement Agreement with Orange County Animal Care

1 LEON J. PAGE, COUNTY COUNSELADAM CLANTON, DEPUTY -- State Bar No. 235128

2 333 West Santa Ana Boulevard, Suite 407Santa Ana, California 92702-1379

3 Telephone: (714) 834-3300Facsimile: (714) 834-2359

4 Email: adam.clantoncoco.ocgov. corn

Attorneys for Defendant/Respondent,ORANGE COUNTY ANIMAL CARE

6

7 Exempt From Filing Fees Pursuant to Gov’t Code S 6103

8HOWARD D. FINKELSTEIN -- State Bar No. 102964

9 FINKELSTEIN & KRINSK LLP700 Front Street, Unit 1401

10 SanDiego,CA92101-6011Tel: 619-238-1333

11 Fax: 619-238-5425

12Email: [email protected]

Attorney for Plaintiffs/Petitioners13 SHARON LOGAN and

PAW PROTECTORS, INC.14

SUPERIOR COURT OF CALIFORNIA16

COUNTY OF ORANGE - CENTRAL JUSTICE CENTER17

18SHARON LOGAN, an individual; PAW ) Case No. 30-2014-00736691

19 PROTECTORS, INC., a Not For Profit )Corporation, ) ASSIGNED FOR ALL PURPOSES TO

20 ) HONORABLE DAVID R. CHAFFEEPlaintiffs/Petitioners, ) DEPT. C-20

21 )v. ) SETTLEMENT AGREEMENT AND

22 ) RELEASE TO BE ENFORCED BY) COURT PURSUANT TO CCP § 664.6

23 ) UNTIL NOVEMBER 1, 2017ORANGE COUNTY ANIMAL CARE, and )

24 DOES 1 through 10, inclusive, )) Date Action Fi1ed July 29, 2014

25 Defendants/Respondents. ) Trial Set: January 19, 2016

26

_________________________________________

27/1

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—1—SETTLEMENT AGREEMENT AND RELEASE TO BE ENFORCED BY COURT PURSUANT TO CCP § 664.6

I Attached hereto as Exhibit A is a true and complete copy of the fully executed

2 Settlement Agreement and Release relating to the above-captioned case, over which the parties

3 have asked the court to retain jurisdiction for enforcement purposes [ 5 (c)].

DATED: Zb, 2015 Respeclly submitted,

LEON J. PAGE, COUNTY COUNSEL6 and ADAM C. CLANTON, DEPUTY

8 By____-Kdam C. Clanton, Deputy

Attorneys for Defendant/Respondent,10 ORANGE COUNTY ANIMAL CARE

11

12DATED: ,Avcjvt ?& ,2015 FINKELSTEIN & KRINSK LLP

g 13 HOW . FINKELSTEN

14By 7

15 Woward D. Finkeisteinttorneys for Plaintiffs/Petitioners

16 SHARON LOGAN and

17PAW PROTECTORS, NC.

18

19

20

21

22

23

24

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26

27

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-2-SETTLEMENT AGREEMENT AND RELEASE TO BE ENFORCED BY COURT PURSUANT TO CCP § 664.6

EXHIBIT A

SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (the "Settlement Agreement" or "theAgreement") is made and entered into by and between SHARON LOGAN, an individual, andPAW PROTECTORS, INC., a Not For Profit corporation ("Plaintiffs"), and County of Orange,ORANGE COUNTY ANIMAL CARE ("Defendant") (collectively, "the Parties").

RECITALS

Plaintiffs filed a Complaint, First Amended Complaint, and Second Amended Complaint("the Complaint") against Defendant in the Superior Court, County of Orange, State ofCalifornia, Court Action No. 30-2014-00736691, concerning Orange County Animal Care's("OCAC") policies and practices relating to impounded animals.

The parties desire to enter into this Settlement Agreement in full settlement and dischargeof all claims which are, or might have been, the subject matter of the Complaint, upon the termsand conditions set forth below.

1. EUTHANIZATION WITHIN HOLDING PERIOD

OCAC will not euthanize any animal within any applicable statutory holding periodunless the animal is irremediably suffering from a serious illness or severe injury, is a newbornanimal that needs maternal care and has been impounded without its mother, or is an owner-relinquished dog \vith a documented history ofvicious or dangerous behavior.

2. RELEASE TO RESCUE GROUPS

Prior to euthanasia, OCAC will release any stray animal, except those animals describedin California Food and Agricultural Code section 17006, to any statutorily authorized rescuegroup under section 501(c)(3) of the Internal Revenue Code, that has requested and is able totake the stray animal prior to the scheduled euthanasia date. Nothing in this provision is meantto preclude OCAC from enacting any policy that does not restrict existing law.

3. DEPARTMENT POLICIES

After review and discussion by all parties of OCAC policies and procedures, OCAC willamend policy sections 400.07,400.12,400.13,400.27,400.29, and 600.14 as agreed upon by theParties. The revised policies will be adopted and added to OCAC's policy manual within 30days after execution of the Settlement Agreement. The agreed upon language of the revisedpolicies is attached hereto and incorporated by reference into this Settlement Agreement.Information contained on OCAC's website will also be amended as necessary in accordance withthe revisions.

4. PERIODIC REVIEW OF RECORDS

Beginning November 1,2015 and endingNovember 1,2017, OCACwill providedocumentation to Plaintiffs' designee onthe 10' business day ofeach month, pertaining toanimals euthanized during the prior month ("documentation"). The documentationwill consistof a Microsoft Excel document containing information sufficient to identify each euthanizedanimal, including animal ID number, animal type, jurisdiction, intake date and time, intake type,intake subtype, date and time of euthanasia, reason for euthanasia, and where available, animalsex, age, breed, and staff identifying information. In addition, upon Plaintiffs' request, OCACwill also provide additional documentationrelating to particular identified animals that havebeen euthanized within the statutory holding period, if any, during the prior month ("additionaldocumentation"). This additional documentation will consist of all relevant documents andphotos relating to such animal. However, Plaintiffs may only request such additionaldocumentation for up to five (5) animals per month, for a total of up to sixty (60) animals peryear. Redactions to the documentationor additional documentationmay be made as authorizedby law, and may include, but not be limited to, the name, address, telephone number, or otheridentifying informationof the previous owner, person surrenderingan animal, or other thirdparties.

5. COURT RETENTION OF JURISDICTION

(a) Notice ofNoncompliance: Before Plaintiffs may enforce any allegednoncompliancewith this Agreement, Plaintiffs' designee must provide written notice ofnoncompliancewith the Agreement's terms to the Director of OCAC (with copies to OCAC'sAdministrative Manager I) and to a designee of the Office of the County Coxmsel. The Office ofCounty Counsel shall notify Plaintiffs of its designee, the identityof OCAC's AdministrativeManager I, and of any designee changes. The Notice of Noncompliance will be accompaniedbysupporting documentation showing multiple instances of noncompliance with the SettlementAgreement's terms. No single incident, standing alone, will constitute a violation of theSettlement Agreement. OCAC will have 30 days to investigate and respond to Plaintiffs'designee regarding its findings. If OCAC fails to respond within 30 days, or if Plaintiffs contendthat after 30 days OCAC has not adequately explained or cured the alleged noncompliance.Plaintiffs may require OCAC to engage in the meet and confer process in paragraph 5(b) below.

(b) Meet and Confer: If there is a contention that OCAC has not adequately explainedor cured the noncompliance, the Parties agree to meet and confer within 30 days after OCAC'sdeadline to respond under paragraph 5(a) above.

(c) Court Enforcement: If a dispute remains after the parties have exhausted theirremedies under paragraphs 5(a) and 5(b), this Agreement may be enforced by the Superior Courtunder California Code of Civil Procedure section 664.6 until October 1, 2017.

6. RELEASE AND DISCHARGE

The parties agree as follows:

Plaintiffs release and forever discharge Defendant from any and all past, present or futureclaims, demands, obligations, actions, causes of action, rights, damages, costs, and expenses ofany nature whatsoever, whetherbased on a tort, contractor other theory of recovery, whichPlaintiffs now have, or which may hereafter accrue or otherwise be acquired, on account of, ormay in any way grow out of, the facts contained in the Complaint (and all related pleadings)including, without limitation, any and all known or unknown claims or any future claims ofPlaintiffs or Plaintiffs' representativesor heirs, which have resulted or may result from factsrelated to the alleged acts or omissions of Defendant which occurred before the execution ofthisAgreement.

This release and discharge will also apply to Defendant's past, present and futureofficers, directors, attorneys, agents, servants, representatives, employees, subsidiaries,affiliates,partners, predecessors and successors in interest, and as assigns and all other persons, firms orcorporations with whom any of the former have been, are now, or may hereafter be affiliated.

This release, on the part of Plaintiffs, will be a fully binding and complete settlementamong Plaintiffs, Defendant, and their heirs, assigns and successors.

7. FEES AND COSTS

Each Party will bear its own attorneys' fees, expenses, and costs incurred in connectionwith this action, as well as with any enforcement of this Settlement Agreement.

8. EXTINGUISHMENT OF CLAIMS

This Agreement contemplates and results in the extinguishment of any claims or causesof action in the Complaint.

9. DISMISSAL WITH PREJUDICE

Concurrently with the execution of this Settlement Agreement, Plaintiffs will execute aRequest for Dismissal with Prejudice of the Complaint. Plaintiffs will file said Dismissal withthe Court and enter it as a matter of record within 24 hours of the filing of the SettlementAgreement.

10. WAIVER OF CALIFORNIA CIVIL CODE § 1542

Plaintiffs acknowledge and agree that the release and discharge set forth above is ageneral release. Plaintiffs expressly waive all rights, if any, under California Civil Code section1542, and any similar provisions under any laws of any other state or the United States,pertaining to waivers of unknown or unsuspected claims.

Plaintiffs expressly waive and assume the risk of any and all claims for damages whichexist as of this date, but of which Plaintiffs do not know or suspect to exist, whether throughignorance, oversight, error, negligence, or otherwise, and which, if known, would materiallyaffect Plaintiffs' decision to enter into this Settlement Agreement.

Plaintiffs further agree that Plaintiffs accept this Agreement as a complete compromise ofmatters involving disputed issues of law and fact. It is understood and agreed to by the partiesthat this settlement is a compromise of a disputed claim, and the Agreement is not to beconsidered as an admission of liability on the part of Defendant, by whom liability is expresslydenied.

11. ADVICE OF COUNSEL

Each Party to this Agreement represents and acknowledges that it has had an opportunityto consult with counsel with respect to this Agreement and all matters covered by or related tothis Agreement.

12. AUTHORIZATION

Each of the signatories to this Agreement warrants that he or she has read this Agreementand understands the contents of it, and that such signatory has the right and authority to executethis Agreement. Each of the undersigned signatories to this Agreement represents that he or shehas full and complete authority to execute this Agreement on behalf of the Party or Parties forwhich he or she is signing.

13. ENTIRE AGREEMENT

This Agreement contains the entire agreement among the Parties hereto with regard to thematters set forth in this Agreement. All prior discussions and negotiations have been and aremerged and integrated into, and are superseded by, this Agreement. Each Party agrees andacknowledges that no other Party has made any statement or representation not contained in thisAgreement to any other Party, regarding any fact relied upon in entering into this Agreement,and no Party relies upon any statement or representation of any other Party in executing thisAgreement, or in making the settlement provided for in this Agreement, except as expresslystated in this Agreement. This Agreement may be amended or modified solely by an instrumentin writing executed by each Party.

14. AGREEMENT NOT AN ADMISSION OF LIABILITY

Each Party denies any and all liability to the other Parties as to any and all claimsbetween them in connection with the matters that are the subject of the Agreement. ThisAgreement constitutes the settlement and compromise of disputed claims. This Agreement willneither constitute nor be construed as an admission as to any liability or damages by any Party,or of any of the other Parties under this Agreement, nor as an admission of the truth orcorrectness of any claim.

15. SCOPE OF AGREEMENT

This Agreement will be binding upon and will inure to the benefit of the Parties and theirsuccessors, but this Agreement will not inure to the benefit of, nor give rise to any cause ofaction, claims or defense or right in favor of, any other person or entity.

By 5• C Sharon Log of Paw Protectors, Inc.

16. SEVERABILITY

Should any of the provisions of this Agreement be declared or be determined to be invalid or void or unenforceable, the validity of the remaining parts, terms or provisions will not be affected thereby, and said invalid or void or unenforceable part, term, or provision will be deemed not to be part of this Agreement.

17. CONSTRUCTION OF AGREEMENT

Each Party has participated in the drafting and preparation of this Agreement, and each Party agrees that this Agreement will not be construed against any Party on the ground that said Party drafted this Agreement.

18. GOVERNING ,LAW

This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties under it will be construed and enforced in accordance with, and governed by, the laws of the State of California in effect as of the effective date of this Agreement.

19. IMPLEMENTATION OF THIS AGREEMENT

Each Party agrees to execute such documentation and to take such other actions as may be reasonably necessary to accomplish the purposes of this Agreement.

20. COUNTERPARTS

This Agreement may be executed in counterparts (including via facsimile), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the Office of the County Counsel and retained as part of the original Agreement.

DATED: August 1g, 2015

SHARON LOGAN, Plaintiff/Petitioner

By Sharon Log

DATED: August ) ce, 2015 PAW PROTECTORS, INC., Plaintiff/Petitioner

5

17 92. 80zL6pe sluaulLiedv ylJoN iJodmaN Wd 6c Z4 960Z 86 End

DATED: August 2015 ORANGE COUNTY ANIMAL CARE, Defendant

By Dr. Jennifer Hawkins, Director of Orange County Animal Care

APPROVED AS TO FORM AND CONTENT:

DATED: August 2015 LEON J. PAGE, COUNTY COUNSEL and ADAM C. CLANTON, DEPUTY

By Adam C. Clanton, Deputy

Attorneys for Defendant/Respondent ORANGE COUNTY ANIMAL CARE

DATED: August / , 2015 FINKELSTEIN & KRINSK LLP HOWARD D. FINKELSTEIN

ovferd D. Finkelstein Attorneys for Plaintiffs/Petitioners SHARON LOGAN and PAW PROTECTORS, INC.

6

By

17 9L80zLey6 squautlJed• 41-10N J,JodmaN 1,1c1 1.£ ZL 560Z-81-5nv ZIZ

DATED: Augus.2-C20I 5 ORANGE COUNTY ANIMAL CARE, Defendant

APPROVED AS TO FORM AND CONTENT:

DATED: August 25 , 2015

DATED: August

____,

2015

LEON J. PAGE, COUNTY COUNSELand ADAM C. CLANTON, DEPUTY

ByAdam C. Clanton, Deputy

Attorneys for Defendant/RespondentORANGE COUNTY ANIMAL CARE

FINKELSTETN & KRTNSK LLPHOWARD D. FTNKELSTEIN

By______________________Howard D. Finkeistein

Attorneys for Plaintiffs/PetitionersSHARON LOGAN andPAW PROTECTORS, INC.

6

TABLE OF ATTACHMENTS

Policy Number Bates Number

400.07 OCACl-OCAC 15

400.12 OCAC 16-OCAC 21

400.13 OCAC 22-OCAC 26

400.27 OCAC 27-OCAC 28

400.29 OCAC 29-OCAC 32

600.14 OCAC 33-OCAC 37

i-/ u \ r-i <., 1.

ommunity Resources.. «...w,.."AnimalCare

Number: 400.07

SUBJECT: Duties ofKermel Attendant Assigned to Station One | Page: 1Date:

Approved: 1Revised:

I. PURPOSE

To establish safe and effective procedure for personnel responsible for the Intakeof all animals while working at Station 1/Front Entrance

n. POLICY

It is the intent of OCAC to provide the best customer service possible to allanimals and people entering the Shelter.

III. SCOPE

This procedure is applicable to all OC Animal Care Shelter Services personnelassigned to work Station I

IV. FORMS

Rabies Control Investigation ReportOrange County Animal Care Center Manual ReceiptChamcam

Stray Cat Intake FormChameleon Kennel Screen utilizing;Animal ID, Source ID, Owner ID, Memo, Tag Link, Receipt, Animal Profile,Treatment

Owner Surrender QuestionnaireOwner Surrender Statement Form

V. REFERENCES

Policy and Procedure 400.46Policy And Procedure 400.12Policy and Procedure 400.36Policy and procedure 500.50

VI. DEFINITIONS

OCAC 1

OCCommunity Resources• . CAnimalCare

Number: 400.07

SUBJECT: Duties of Kennel AttendantAssigned to Station One Page: 2Date:

Approved: Revised:

VII. PROCEDURE

The duties for the personnel assigned to Station I are as follows:

1. Dayshift Kennel Attendant (KA) reports to Station I after 7:00am staffbriefing. They will unlock the black phone, check for any items left outside the gate.

2. The KA assigned to Station 1 will pick up their starting cash from theAccounting office. The starting cash will be placed in the AM drawer, locked and thekey will be kept with the KA assigned to Station 1 at all times. The KAwill followthe Policy and Procedure 500.21 that covers the proper cash handling.

3. Station I, front parking lot and surrounding area are be clean and orderlyprior to opening 10:00am.

4. When impounded an animal the animal should be in sight of the KA atintake. NO animal should be left in a vehicle during the intake process. In hot weatherthe animal is to be placed either in Station 1 or in a cart in the shade until allinformation is entered into the Chameleon program and the animal is ready totransport to Station 3.

5. KA is responsible for the accurate inputof all animals received. Allinformation (I.e. Source ID, Animal ID, Owner ID, Kennel Number, and AnimalProfile) should be stored in the correct fields in Chameleon.

6. The Supervisoron duty should be called if any abnormal or emergencysituation should arise. At no time should any other department be called until orunless instructed by the supervisor to do so.

7. A photo is to be taken with the digital camera and entered into Chamcamfor posting to OCAC website.

8. All areas where an animal is temporality housed will be sanitized betweenanimals. If a dog is placed in the holding cages take the blanket with you, put it in thekennel where it is housed. The area where the dog is leashed to take the photo shouldbe sprayed with Accel, mopped with a clean mop, before another dog is leashed in thesame area. The counter should be sprayed with Accel between intakes.

9. All Feral cats will be imputed following Policy and Procedure(unassigned). The Stray cat form will be filled out by all persons bringing in whatappears to be feral cats.

10. Initiate Rabies Control Investigation Report on any animal that has beeninvolved in a skin break within the last 14 days.

OCAC 2

ommunity ResourcesOi^ ' < a nr/r - u r> i t,

SUBJECT; Duties of Kennel Attendant Assigned to Station One

Approved;

;AnimalCare

Number: 400.07

Page: 3Date:

Revised:

11. For Owner Surrender animals you will determine reason for release andadvise owner of current fees. You will discuss thoroughly with the owner the releasedecision, options, retention timeand possible outcome results for animal priorto theexchange of money and/or signature of release. You will have theowner answer allquestions on the "OWNER SURRENDER QUESTIONNAIRE". After the questionshave been answered all information will be inputted into the ANIMAL PROFILE inChameleon.

12. Verify all information to insure its accuracy. In the caseof an ownersurrendered animal make sure that picture ID is obtained and any numbers or similarinformation is noted in the Owner ID screen.

13. Management will provide an up to date list to the Supervising KennelAttendant regarding legal retention times for each city. It is the responsibility of theSupervising Kennel Attendant to post this list. This list will be posted at all times inStation 1. The Supervisor assigned to morning briefing will advise the KA assigned toStation I of the "DUE OUT" dates on a daily basis. The dates will be written on thecalendar to ensure all staff working in Station 1 have the same information. Theimpounding KA is then responsible to review the posted legal retention list to ensurethat they accurately input review dates for city specific retention dates.

14. Transport incomingdogs to the clinic for examination and then toappropriate kennel. Make sure that theKennel number and blue tags are correctlystored in Chameleon.

15. Transport incomingcats in a carrier to the Clinic to be examined byVeterinary Staff. The transfer of cats from client's carrier to ours is to be done in theStation 3 area.

16. All Owner Surrender animals for service of euthanasia will follow allprevious intake directions, with "Clinic" to be reflected in the Kennel No. Theowners will complete the OWNER SURRENDERSTATEMENT FORM for allanimals surrendered for euthanasia for aggression in conjunction with the proceduresset forth in § 400.13(VII)(A). The animal will be placed in the appropriate carrier andtaken to Station 3. The signed manual receipt will be left with Vet Staff forprocessingor attached to file box inside Station 3 clinic. A collar ID band with theanimal's ANIMAL_ID numberwill be attached to the transport cart or containerofthe animal it identifies. A copy of the manual receipt will be left in the Receipt bookand a receipt will be generated by Chameleon and given to the owner.

17. Animals that are received DOA will have be received following theguidelines set forth in 400.46.1.

0CAC3

I > W A <i . »

ommumty Resources,-r. ;.•? w ' i • • . U •

SUBJECT: Duties of Kennel Attendant Assigned to Station One

Approved;

Number:

Page:Date:

Revised:

400.07

4

18. When the KA assigned to the PM shift arrives, the person that is currentlylogged into Chameleon will verify their money intake, log out and the PM person willlog in. At the end of the shift the AM KA will run the Cash Box Closing Report,balance the money, have a supervisor verify monies, with the report and deposit themoneys received in the drop slot at the accounting office.

DUTIES OF STATION 1 EMPLOYEE'S:STATION 1 ATTENDANT

• Stock supplies, prepare and clean Station 1 for days shift.• Create intake of animal, initiating all applicable fields.• Evaluation of Animals for adoptability• Relay knowledge of all OC Animal Care policies to persons at front gate.• Balance of money against receipts at end of shift.• Accuracy of all intake information.• And other duties assigned

RUNNER

Follow direction of Station 1 KA.

Safely transport all animals to proper destination, promptly returning with anyrequired information for Station 1 Attendant.Fill out euthanasia receipt log on Owner Sun'ender for Euth request animals,while Station 1 Attendant completes data entry in "Chameleon".Assist persons entering and leaving shelter, with directions, policies.General security of shelter and parking lot.And other duties assigned.

0CAC4

ommunity Resources.•:::nur. fy r {. 0 " i rH r C f


Approved:

^ *"Mt lA' 'j..*'.^Kennel • SUSANMrtSHEL

I File li^mdowi icmmandt £rocedui« Sepofts £w«$ Udp

LsIitSHiLitter No Tot K«itr.<=il No Staiua Cutreiu

K_- 1 1 STRAY WAIT NORMALBlue Tag Activity No

TNR Program Zip Code

Number: 400.07

Page: 5Date:

Revised:

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Pevsor.

•• iJTypt- S;.;bivpe Coiu.i;:oiui DatM Tune Due Out Review Owner OS Reason 7oqq

NORMAL 11/07/14 1004 •_/__/ __/_/_ • IX Task Date

jiiiudumon 597 Billing 14 Day By Receipt No

Person To

p *i

Type Subtype Cond Time WeighiDose Dobo2 Bottle Transfer To By Receipt No

Type Sex Stze Colo Breed Pnmary Breed Collar Collar Type Maxldnga Animal Name

Conolete Caned

KemaJ Animal Type Sex Cetof Breed IntatasOaie IniakcType Held Reouest OotDaie OutType Cdor2

OCAC 5

dcCommunity Resources' i' r7/r;.VM/ri; r 0<. .'cAnimal Care


Approved;

£j|e Commands Procedures gepcrts |xtras tdelp

0 - QU X- 7 li.

AntmtdiD Animal Name Sex DOB Yr MonCurrent Age

'A '•: ! ' V,

DOG

Primary

Color;

Secondary Looks Like

Breed MIX

Size Coat Ears -Tail ' Mnsasle T^per

Gbllar _ CoUaxType Markings

^y/Meuter •

Due Completec VoucdtexNo Contract

/ / _/ / / /

Name Type Size Sex Color Breed

Micarochip

Vet ID

G

DOB Age AnsTiallD

Number: 400.07

Page: 6

Revised

Condition, Status Status Bite.

'normaiT ;active" 11/07/14 ^

_:A« :

0CAC6

ommunity Resources


Approved;

^ Penon • «JSANM atSHEL

file ^cmniands £tocedur<a Reports êlp

lol I v]ft|-f]-|n[3^1?N] M _ .p«iorr.D LasiName FiiaiNama- Mfddle • Status.. . ;SuperS6«rth:

Area Phone -En Azea Fhone2 Esh Area PhonaS Ext

714 • • -

No -.;86i Dir Naroa Type Odl Apt

No .8& 2>ir.. Name Apt

Geo ' ' ' Juriedictioa Address Notes

IdentifierE;. ; IdeniificoS ^ DOB Sax Spouse/S]

.VserlD ,Tot

Email Address

Bad Check Bite Memo Donor. No Adopt-Danger

OKOiption or Annul

, Pr»n ID Lasirtaw Frit Name Phone

Number: 400.07

Page: 7Date:

Revised:

0CAC7

ommunity Resources;• u (•;. r r r i. o;firn > :r:-- r/i f


Approved:

^Memo - SUSANMatSHELTE

File Commands Procedures Eeports Extras Help

^jiî #] •-•td rzi 74.1? ]Memo ID

Memo Text

ID TVlê

ANIMAL ID

Memo No . Memo Date : MemoType , Suljtype

Date "Np®

11/07/14 i

Templates

Number: 400.07

Page: 8Date:

Revised:

Subtype Author

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0CAC8

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OCCommunity Resources•j .T! m u o I i' O f r fi < •

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Animal Care


Approved:

:£,Re<eipt - SUSAW.^ ot SHELTER"'

ftle ^cmmsntis £rocedures gepofts gxCfts b^p

iMlJRawjjwj«« Date

. 11/07/14

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Receivaa From Junsdiction Eitral ^ ^ Exqâ <4

Number: 400.07

Page: 9Date:

Revised:

Recent OAtt Afflt

•u-" . •' y'ij i Qiy liemCode ÂmmailD ReterenceNo 7,^ feoType Dept^-* ExtrtS ExteB4 »Item % I

' M " J ' j i 1 ^ .. Ja.!36/Pft*lQty ItemCeoe Anemel © Reterena rio Fee Type Dept Pnce Suetotai Ittfitfttme EwreJ Ertra't Source

i. ^Cliecsk*:i|a; CtocIIi .Tendered CaidNo .fJUiih v Trans', ..Balance ,

0CAC9

<UCCommunity Resources• , CAnimalCare


Approved:

Number: 400,07

Page: 10Date:

Revised;

OWNER SURRENDER SWORN STATEMENT FORM

Per the California Food and Agriculture Code:

31108,5, (a) (1) Upon relinquishment of a dog to a public or privateshelter, the owner of that dog shall present sufficient identificationto establish his or her ownership of the dog and shall sign a statementthat he or she is the lawful owner of the dog.

(2) Any person who provides false information pursuant to thissubdivision about his or her ownership of the dog shall be liable tothe true owner of the dog in the amount of one thousand dollars($1/000).

(b) Upon relinquishment, the dog may be made available for immediateeuthanasia if it has a history of vicious or dangerous behaviordocumented by the agency charged with enforcing state and local animallaws.

I have read and understand the above;(signature)

I, , a resident of

do make the following statement of my own free

will.

My animal has displayed the following signs of aggression:

OCAC 10

I ) It A < . I

ommunity Resources• CAnimal CareOw ♦ I n /nu n r y Oi.

Number: 400.07

SUBJECT: Duties ofKennel Attendant Assigned to Station One | Page: 11Date:

Approved: Revised:

I have read the above statement consisting of pages, initialed ail corrections

and state under penalty of perjury under the laws of the State of California that it is

true and correct to the best of my knowledge.

Signature:

Address:

City/State/Zip:

Telephone: _( )_

Date:

To be completed by OC Animal Care Staff:CDL#AIDPIDDateInitials

OCAC 11

1 > U A ."-i <• I

ommunity Resources


Approved:

OWNER SURRENDER QUESTIONS

HOW LONG HAVEYOU OWNED THE ANIMAL -.

DOES IT LIVE INSIDE OR OUTSIDE -

DOES THE ANIMALSTAY IN AT NIGHT-

ISTHEANIMAL HOUSEBROKEN / LITTER BOX TRAINED -.

DOES THE ANIMAL LIKETO RIDING IN A CAR -

CAN THE ANIMAL WALK ON A LEASH

ISTHEANIMALOBEDIENT

DOESTHEANIMALTRYTO ESCAPE FORTHE HOUSEOR YARD.

DOES THE ANIMAL CLIMBOR DIG UNDER THE FENCE.

DOES THEANIMAL LIKE PEOPLE. PREFERS MALEOR FEMALES

IS THE ANIMAL DESTRUCTIVE (WHEN AND WHY).

DOES THE ANIMAL LIKE OTHER ANIMALS PREFERS

IS THE ANIMAL FEARFUL

'cAnimal Care

Number: 400.07

Page: 12Date:

Revised:

ANY OTHER COMMENTTHAT MAY MAKE THE ANIMAL EASIER TO PLACETHE ANIMAL

OCAC 12

•> A t , f I « ^ I ' r-j 1

ommunity ResourcesC"i.' < M''ri u rj-• f »•, i o "•> t In:'•

SUBJECT; Duties of Kennel Attendant Assigned to Station One

Approved;

Number: 400.07

Page: 13Date:

Revised:

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(Poroon ciOflioo) D 'Aai(n10. Popofl rocoA^ >7y

13 OrcuRvUnncQs

ol tjfto:

H, {.ocaiion flivt

llOiSUivDUII VI

MOO Rut U,.QT.Fee g g RCPTJ

3^.0iViT8r

(Cus'iodiiin)

COUNTY OF ORANGE 1a. ANIMAL IDRABIES CONTROL INVESTIGATION REPORT ib ACTIVITY#_

(ANIMAL BITE/SCRATCH REPORT)

3. Sox:P MAfe •». Aqo 1 f> IbIuiViqpb:P Farruilo '

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f«lon8«n: • Uyluiuplvjou Q "Pon iPBpofiUon44. Cauau cYduuiti: Date

• ilnous Q kijufY • EuiftarJzdU

.16. License

tiuinba':

OutotC.Hiniy n (WJt 0 tnnnU^nV Q Q ho

Oain:145. Vatnrtna'um;

O 0x1 Q f>dtiolaeu miinial

O Q PofaJnFiwn; txp.uals:

• PC • CityOuld USA inpusi 1 p Yos • NoWhor? Whwu?

Exp. Unia-

By:Synpiomu;PniaOioii pothof

Q OrorHjo Countyn Cityot

You arorequircd toquarantine tlie above desCTibed animui itIstobekept ISOLATED andCONFINED lorobservalton until rulaaaed byIho local health otflcor ordesign©©. TJ")© escape or removal ofthis animal from ilsconfinement isa violation ofthis ordor andisa misdemeanor intheState otCalitornia. Ttw animal may rx3l be

; destroyed without Uie pormlssiono! the00 Animal CaieVeterinarian at (714) 780-6451, orOC Fâbiea Control Desk at (714)766-6421.11 theanimal shov/8 any signsi ofIDness orunusual behavior during ill© quaronlln© ported, please contact your local animal oonirol agency immediately lHAVE READ THE ABOVE AND WiLL

COMPLY WITH ALL QUARANTINE REGULATIONS.

OCAC 13

n A 4 '. I

(L. ommunily Resources


Approved:

LSTRAY CAT FORM

LAST NAME FIRST OFFICE USE-A#

ADDRESS CDL or I.D.

CITY STATE ZIP PHONE

v'cAnimal Care

Number: 400.07

Page: 14Date:

Revised:

LOCATION: • Found at address above • Found at Other Address - give EXACT address, business name or cross streets, side ofstreet.

• To the best of my knowledge the above described animal HAS bitten a person In the last 10 days.

• To the best of my knowledge the above described animal HAS NOT bitten any person In the last 10days.

Is this cat from any of the following:• Mobile home park• School grounds• County Property

I release the County of Orange, their officers, employees, agents and volunteers, from anyand all claims, liabilities, expenses, or judgments, arising from the acceptance, destructionand/or other disposition of this animal. I declare under penalty of peijury that this animalDOES NOT belong to me and that the foregoing is true and correct to the best of myknowledge.

OC Animal Care reserves the right to determine the animal's disposition, which may includeeuthanasia, adoption or returning the animal to its owner or release to another animalwelfare organization which may ensure the cat is surgically sterilized and returned to itsterritory.SIGNED: DATE:

IMPOUNDED ANIMALS ARE BROUGHT TO OC Animal Care, 561 The City Drive South, Orange, CA. 92868

OCAC 14

ommunity ResourcesOi.. : C <> rn m u fi 11 y ') w r i or-' m <' fi-: <:


Approved:

Number: 400.07

Page: 15Date:

Revised:

Auinmi Care Activity ^•<(>1 riic i.'uy Orjve SouthOrangtf. CA'y2«6!i Aninml I'D »

ANiMAL Klil.lNQCISHMEINT EOR-M Number ' •••• •'I, itic siiKievMuncti certify that, 1am (initial ), am not (initial _ ) the legal owner ot the ammul describediH'hiw ! leliitquish all inicrcsi in this animal to OC Animal Care, its ofTicers and employees, and release them Iroinany ciaint.s present or roiiirc. related to the diiposilion oC such animal. WHICH MAY INCLUDE EU'IHANASIA

), 1certify, to the best of my knowledge, that the said animul D has • has not bitten any person oriinnnal within the past 10 days (initial ),

i release tliis ari.inuil for ilie purpose ol euthanasia due toUMITiAL )- fK' Animal Care rcseive.s theright todetermine dteriital cmtcome of this animal.

Species _

(btrccii

Received By _

Color

Sigiiiiture

(Cily)

Amount Paid S

Daytime Telephone

n Cash D Cheek D Credit ( ard

ftioil anit A'-rkiiliun Coik l*rpuj'of Cht'tmMji fVhttii Rellfitiiilslihtg a Cot Htsquhrd: A„ri'L-i wn >ylio provif/r^ fi/lM- !iii>a nn]twtipur.U'f'i' luû'iis mifJhi.Mon {Hxiiii hix or lurowm'rsliifi •>} CO! shall /«• Uahh wilic iriu- iwn^r of liw cat in the (iniouoi oj om: ihotiximt

r.uuJ am! AftricuUuvr Ct«k HiOH.S (a)(2) Froof ofOo-nvryhlp li'hrn Relinquishing a Pog lU'Uinretl Any tWMi: promkv jah--piimuini O, i/»> uJxiiymon cbou! Ins orher owiuTxIup oj{he Jog shall be liable to ihe inut owner of the dog muic ninainu vj on,-

i!i<niSiii!d(ioi!n>:\('̂ l.OOi)i. . • ^ i i • / ,Pi'iiul Codes J.ir.' and f PogStealing f-oaiy n'/irt {elonioiisly staah. uikes. orcames away n dog w/ o'lMhc, 'y/m" <v ofa \o.u,.;.v, Ji/n ^hJhr, 111)0) it o/sruW r"""' "ho j'tlonmuily tuiili. ./.• nims ii ilail "I

,, <)/„ mill): m«m reJiiir, iiiutlumtml fiOy Julhu-i fiO.tllM) itgoiln-olpeil) thift

OCAC 15

ommunity Resources'cAnimal Care

SUBJECT: Feral Free Program

Approved:

Number:

400.12

Page:Date:

Revised:

1. PURPOSE

In an effort to be in compliance with the ASV Guidelines for Standards of Care inAnimal Shelters (ASV GSCAS) the following Policy and Procedure has beenwritten and will be adhered to by all staff of DC Animal Care, Shelter Services.The Five Freedoms - Freedom from Hunger and Thirst, Freedom fromDiscomfort, Freedom from Pain, Injury or Disease, Freedom to Express NormalBehavior, and Freedom from Fear and Distress will be at the root of every Policyand Procedure and the core of the works done at OC Animal Care.

The Guidelines are setup with categories of "Must", "Should" and "Ideal". OCACwill strive to maintain or achieve the "Must "category in all aspects of the Shelterby adhering to the Policy and Procedures written to follow the Guidelines.

To establish guidelines for the spaying and neutering of Feral Cats

II. POLICY

Per the ASV GSCAS topic Managementand Record Keeping, Establishment ofPolicies and Procedures every Shelter Must:

o Develop and document protocols in sufficient detail to achieve andmaintain the standards described in this document, and update them asneeded to ensure that they reflect current information and pertinentlegislation.

Per the ASV GSCAS topic Animal Handling, Feral Cats, every Shelter Should:o When capturing or transporting feral cats, squeeze cages, feral cat boxes

or humane box traps with dividers should be used for the most humanerestraint and for administering tranquilizing injections prior to handling.

Per California Code 31752.5:(a) The Legislature finds and declares the following:

(1) Domestic cats' temperaments range from completely docileindoor pets to completely unsocialized outdoor cats that avoidall contact with humans.

(2) "Feral cats" are cats with temperaments that arecompletely unsocialized, although frightened or injured tame petcats may appear to be feral.

(3) Some people care for or own feral cats.(4) Feral cats pose particular safety hazards for shelter

employees,

OCAC 16

OCCommunity Resources.'cAnimal Care


Approved:

Number:

400.12

Page:Date:

Revised:

(5) It is cruel to keep feral cats caged for long periods oftime; however, it is not always easy to distinguish a feral catfrom a frightened tame cat.

(b) For the purposes of this section, a "feral cat" is defined as acat without owner identification of any kind whose usual and consistenttemperament is extreme fear and resistance to contact with people. Aferal cat is totally unsocialized to people.

(c) Notwithstanding Section 31752, if an apparently feral cat has notbeen reclaimed by its owner or caretaker within the first three days ofthe required holding period, shelter personnel qualified to verify thetemperament of the animal shall verify whether it is feral or tame byusing a standardized protocol. If the cat is determined to be docile ora frightened or difficult tame cat, the cat shall be held for theentire required holding period specified in Section 31752. If the catis determined to be truly feral, the cat may be euthanized orrelinquished to a nonprofit, as defined in Section 501(c)(3) of theInternal Revenue Code, animal adoption organization that agrees to thespaying or neutering of the cat if it has not already been spayed orneutered. In addition to any required spay or neuter deposit, the poundor shelter, at its discretion, may assess a fee, not to exceed thestandard adoption fee, for the animal released.

It is the policy of OCAC to save the lives of healthycommunity cats.

III. SCOPE

Applicable to all Shelter Services staff.

IV. FORMS

All screens in Chameleon computer program.Stray Cat FoimTNR Surgery LogTNR ReportKennel Card

V. REFERENCES

California Code 31752.5

ASV Guidelines for Standards of Care in Animal Shelters (ASV GSCAS)

OCAC 17

::> u A <» ( { »I» !

ommunity Resources() (( • V rv: ,-r vj .-i• ! y . '! y / ( O .'CAnimalCare

Number:

400.12

SUBJECT: Feral Free Program Page: 3Date:

Approved: Revised:

VI. DEFINITIONS

VII. PROCEDURE

The following procedurewill be followed by all staff to ensure that all feral cats are giventhe opportunity to be altered and released in a timely manner.

INTAKE:

1) The Kennel Attendant assigned to Station 1 will give the STRAY CAT FORM toevery person that brings in a cat.

2) The Kennel Attendant is responsible for making sure the form is completedcorrectly.

3) The STRAY CAT FORM will be filed in the drawer at station 1 for the week, bythe day; they will then be given to the Supervisoron duty every Monday. Theywill then be filed in the file cabinet in the recovery room.

4) The following entries will be placed in Chameleoni) In the TNR box TNR will be put in on all feral cats that are not coming Ifom a

NO TNR specified location.ii) The address of the RP/where the cat was found will be put in the

"COMMENT" box of the Kennel Screen.

iii) The" ZIP" code will be put into the "ZIP CODE" box of the Kennel Screen.iv) All other fields will be completed as per policy. All cats will be taken to the

clinic for exams.

v) If a cat has a tipped ear, it is to be scanned, retrieve the AID from Chameleonand impounded using the old AID, new cross streets.

vi) All persons bringing in ear-tipped cats should be encouraged to return the catto the place where it was trapped. Educational materials should be given to theRP to assist them with the "issue" they are having with the community cats.

vii)If the RP will not return the cat, it is to be placed in the cage that will bereleased the following day. The DUE OUT date will be the same as thoseanimals scheduled to be released on the following date.

OCAC 18

ommunity ResourcesCAnimal Care


Approved:

Number:

400.12

Page: 4Date:

Revised:

viii) All cats impounded on Sunday and Monday will have the same DUEOUTdate, it will be Friday.

ix) All cats impounded on Tuesday and Wednesday will have the same DUEOUT date, it will be Sunday.

x) The cat is than taken to the clinic where it is weighted, the weight and the sizecage it was weighted in will be given to the Vet staff member doing the initialexam.

xi) Any cat trapped at the flowing placeswill not be eligible for TNR- AnaheimStadium, any mobile home park, on anyschool property, any location where ithas been identified as having a large colony of cats and on any Countyfacility. All NO TNR cats will be subject to the retention policies of 600.14VII (G) for Feral Cats.

CLINIC:

1)

2)

3)

4)

5)

Flea treatment is to be applied to all feral cats at intake.If during the exam any abnormalities are found thatwould make the cat ineligible forthe FREE program,"NO TNR" will be put into the "TNR" box on the kennel screen.There is no change in procedures for housing of cats.The staff member assigned to Station 3 will input the TNR in the "TNR" box and theaddress in the comment field when uploading the photo into Chameleon for those catsimpounded by field services and Santa Ana Animal Control.After exam all healthy cats will be placed in vetx cage as is protocol.

SUPERVISOR ON DUTY:

2.

3.

The supervisor on duty will print the "TNR SURGERY" log in the evening afterclosing.

The supervisor on duty will ensure the feral dens are in the appropriate room forsurgery the next day.The supervisor on duty will check for any cats listed as "NO TNR". Those catswill be marked for euthanasia. OCAC holds all suspected feral cats for theretention period stated in 600.14 VII (G) for Feral Cats prior to euthanasia. Oncedetermined that those cats are feral and no interest from rescue, they will then be

OCAC 19

ommunity Resources' S>'J f V O t I. «n , • .tt {'


Approved:

Number:

400.12

Page:Date:

Revised:

marked for euthanasia. Those cats will include cats trapped at a mobile homepark, on a school property, on County/City property, in an area where activetrapping is occurring,

4. The supervisor on duty will run 2 copies of the "TNR Report" and place them inthe recovery room.

5. The Supervisor on duty will verify that all information on the Chameleon Screensis coiTect at the end of each day. They will verify all DUE OUT dates are correct,all cats marked TNR have the following entered correctly- TNR/NO TNR, zipcode, address in comment field and the jurisdiction matches information left byRP.

COT:

1. The member of COT designated to do the outcomes will go to the surgeryrecovery room and get the completed release forms and outcome each cat to theperson that released the cat. They will be linked to the rescue group. They will befiled in the file cabinet in the recovery room.

2. COT will discuss all issues with the Chief or supervisor on duty as they arise.3. COT will track the number of hours spent out coming the cats and use the job

number# on their time sheets.

Surgery staff - day of surgery:

1. The RVT/VA responsible for surgery will get list of feral cats from LT, they willverify the number of cats with the number of cats in the room.

2. They will coax the cats into the feral dens. The cage cards will be placed in theholder on the feral den.

3. Once a number of cats are in ieral dens the RVT will begin weighing the cats thatdo not have the initial exam weight listed. They will note the weights on thesurgery list and get the appropriate amount of sedation needed to begin sedatingthe cats.

4. The cats will then be taken into the surgery room for pre-surgery exams by thesurgeon.

OCAC 20

U A ."•< < I

ommunity ResourcesO'. ' C o fr> u r y O' 'c Animal Care

Number:

400.12

SUBJECT: Feral Free Program Page: 6Date:

Approved: Revised:

5. Any cat that appears ill, has wounds or any other type of injury it will not bealtered, it will be taken to the euthanasia room. A note will be put in the AID inChameleon explaining the reason forNO TNR and the animal will be set foreuthanasia.

6. If the cat passes the exam, it willbe micro chipped, given flea treatment altered,given rabies and FVRCP and tip the ear.

7. Feral Cats are to be done first every day, followed by adopted cats.8. After the surgery is completed the feral cat will be placed back intoferal den, pen

changed into the corresponding number on the feral den and placed in therecovery room with the corrected kennel card. The surgery staff is responsible toperiodically check the health status on the cats.

9. The surgery staff will keep trackon the number of hoursthey spend doing theferal cats and use JOB # on timesheets.

TRANSPORTERS:

A Chameleon report andJob will be created that will send an automatic email to alert thepick-up coordinator how many cats and the cities they will have releases in.

1.

2.

3.

4.

5.

6.

7.

The transports will enter throughthe gate by the admin office. They will haverestricted access to just the first gate.They will unload anyempty feral dens next to the fence to the leftof the secondgate, makingsure to stack them out of the way of the gate and giving vehicleclearance to enter the gate.They will then enter the "treatment "aisle (cages 69-101), where they can pick upthe cats from the surgery recovery room.

The transporters will confirm the cats they are taken, verifying the description onthe kennel card to the actual cat in the feral den.

They will sign the pick-up form, leaving it in the box designated for them.They will load the cats and exit through the same gate.Any transporter observed in an unauthorized area will be banned from theprogram.

OCAC 21

fi u A f., c,> t i; o i,t N I V

UCCommunity Resourcesi'/iif (. rr,/Tfu r,; t y. Our C. nu ? fH

1. PURPOSE

.'CAnimalCare

Number: 400.13

SUBJECT: PROCEDURE FOR OWNER SURRENDERED ANIMALS Page: 1Date:

Approved: Revised:

To establish a procedure for receiving animals from the owner or legal custodian for thepurpose of placement or euthanasia.

II. POLICY

Orange County Animal Care(OCAC) accepts animals surrendered by persons claimingownership or legal custody of an animal, whowish to relinquish the animal to OCAC. Thepurported owneror custodian must provide proper identification andpay all applicable fees asestablished by the Board of Supervisors.

III. SCOPE

Applicable to all employees charged with the responsibility of receiving animals.

IV. FORMS

Rabies Control Investigation Report (Animal Bite/Scratch Report) F272-12 2001.4Orange County Animal Care Services Manual Receipt F042-12.2277Owner Surrender Statement

Owner Surrender Questionnaire

V. REFERENCES

Orange County Codified Ordinance (OCCO 4-1-23)California Food & Agriculture Code 17005, State Euthanasia PolicyCalifornia Food & Agriculture Code 17006, Irremediable Serious Illness or Injury

VI. DEFINITIONS

Proper Identification - Any valid Drivers License, Identification Card or School Identificationcard with picture.

VII. PROCEDURE

Animals may be surrendered for the purpose of euthanasia or placement.

OCAC 22

A f f I . I, •( I J N I Y

ommunity Resources' Ur:; f y v r T o ' »> m, ' //? n f 'LAnkalCare

SUBJFXT: PROCEDURE FOR OWNER SURRENDERED ANIMALS

Number: 400.13

Page; 2Date;

Revised;Approved;

Animals Surrendered for the Purpose of Euthanasia

1. Establish ownership of animal intended for relinquishment.2. Obtain reason for relinquishment of animal.3. Ensure that the animal meets the criteria for immediate euthanasia as verified by

an OCAC Veterinarian or Registered Veterinarian Technician (RVT).4. OCAC does not accept healthy, non-aggressive animals for euthanasia. The

animal must meet one of the following criteria;

a. Medical - any animal deemed by an OCAC Veterinarian or RVT, at timeof relinquishment, as in-emediably suffering due to a serious illness,

condition, or severe injury, including advanced age. (See CAF&A 17006)

b. Behavior- Any animal deemed potentially dangerous or vicious (seeOCCO 4-1-23), or the owner surrenders the animal for euthanasia and

can provide one of the following;i. A current or past Rabies Bite Report (OCAC or another jurisdiction)

with a verified bite.

OR

ii. Previous Potentially Dangerous/Vicious Dog Determination (byOCAC ACO, Hearing officer or OCAC Director or similar ofanother jurisdiction).

OR

iii. Statement by owner under penalty of perjury describing prioraggressive behaviorAND

aggressive behavior displayed in the presence of and documented byfield staff prior to intake;

1) Aggressive behavior that satisfies this element will include;Growling at, lip lifting, snarling at, snapping at, attempting tobite, approaching with an apparent attitude of attack, orphysically challenging a person or another animal.

2) Field staff documentation shall be made by the staff memberwho personally observed the aggressive behavior, shallidentify that staff member, and shall include a description ofthe behavior observed, along with the date and time of thatobserved behavior.

OCAC 23

dCCommunity ResourcesiC- ty

SUBJECT: PROCEDURE FOR OWUER SURRENDERED ANIMALS

Approved:

.'CAnkalCare1

Number: 400.13

Page: 3Date:

Revised:

iv. Statement of aggressive injury to another animal - Statement byowner under penalty of perjury of aggressive behavior resulting inserious injury or death to another animal. Statement must indicate theaggression was unprovokedAND

one additional piece ofevidenceof the reported behavior such as oneof the following:

1) Photo of injury to victim animal or carcass2) Second witness statement from non-owner3) Observation of injury by OCAC field staff4) Confirmation of injury from attendingveterinarian of victim

animal

5) Previous report of injury or aggressive behavior to a humanor animal on file with OCAC or another jurisdiction

6) Record of aggressive behavior observed by staff uponprevious impound with OCAC or another jurisdiction.

OR

V. Statement by owner underpenalty of perjury of aggressive behaviortoward humans or animals on two separate occasions within the last36 months (i.e.; attempted bite, aggressive chasing of human ordomestic animal). Statement must indicate the aggression wasunprovokedAND

one additional piece of evidence of the reported behavior such as oneof the following:

1) Second witness statement from non-owner2) Observation of aggressive behavior by OCAC field staff3) Previous report of injury or aggressive behavior to a human

or animal on file with OCAC or another jurisdiction4) Record of aggressive behavior observed by staff upon

previous impound with OCAC or another jurisdiction

5. Determine if animal has been involved in a bite to a human in the last 10 days. Ifany animal has bitten in the last 10 days, initiate Rabies Control InvestigationReport (P&P 700.04).

6. Create Kennel Window, (P&P 300.53). If intake occurs at Station I, storeKENNEL NO as CLINIC.

7. Initiate and complete Manual Receipt (P&P 500.01).

OCAC 24

0 i fi A N w I i ( ' I' r,' i

OCCommunity Resources01.1 ( 0,'7^ u c:; r y U' ( Orn i' <"'•"f 'CAnklCare

Number: 400.13

SUBJECT: PROCEDURE FOR OWNER SURRENDERED ANIMALS Page: 4Date:

Approved: Revised:

8. Collect all applicable fees (P&P 500.50).9. Store Chameleon Receipt (P&P 500.01).10. Transport relinquished animal and required forms to Station III for euthanasia.

Provide form(s) to either the ClinicVeterinarian or a Registered VeterinaryTechnician (RVT) or attach form(s) to Clinic Mail slot appropriated for thesetransactions. Include the following:

a. A paper collar, legibly identifying the Animal_ID number.b. The second copy of signed Manual Receipt.c. All copies of Rabies Control Investigation Report, if applicable.

B. Animals Surrendered for the Purpose of Placement

OCAC will only accept those animals from cities that are contracted with the County todo so; all persons from outside ourjurisdiction will be sent to the appropriate shelter forservice.

1. Establish ownership of animal intended for relinquishment.2. Obtain reason for relinquishment of animal. Have owner complete "Owner

Surrender Questionnaire". This may include animals intended to be surrenderedfor the purpose ofeuthanasia, but did not qualify under the established criteria.

3. After obtaining the reason for surrender, follow one of these procedures:

a. Medical: OCAC Veterinarian or RVT, prior to impound, must evaluateand approve for adoption candidacy any animal relinquished with aknown or observed medical condition. If impound is after normalbusiness hours, evaluation shall take place the following morning.

b. Behavior: Any animal relinquished for behavioral issues other thanprovided in Section A. 4. b above will be considered for adoption,ordesignated as a special needs animal based on evaluation by Kennel andVeterinary staff.

c. Other: If the animal is surrendered for other than medical or behavioral

reasons (e.g. moving to a location that does not allow pets), both Kenneland Veterinary staff shall evaluate the animal to determine suitability foradoption.

4. Create Kennel Window (P&P 300.53).

OCAC 25

0 i.> H A H 1 {. U M { V

OCCommunity ResourcesOn> C n mu n(%- 0 u f COfnrrui r .'cMinalCare

Number: 400.13

SUBJECT: PROCEDURE FOR OWNER SURRENDERED ANIMALS

Approved:

Page: 5

5.

6.

7.

8.

9.

10.

11.

12.

Revised

a. Completeanimal profile, including any information that may aid insuccessfully placing animal in new home, take and store photo.

b. If intake occurs at Station I, store KENNEL NO as TRANSIT untilStation I Runner returns from transport of animal with actual cagenumber.

Initiate and complete Manual Receipt (P&P 500.01).Have owner complete the Owner Surrender Form or Owner Surrender Question.Collect all applicable fees (P&P 500.50).Store Chameleon Receipt (P&P 500.01).Transport relinquished animal, with assigned blue tag, to the Clinic for intakeexam.

Veterinary staff shall examine the animal, enter history and physical exam notesin medical record, administer and prescribe appropriate medications andvaccinations, and assign animals to Adoption Partner Candidate (APC), Notrecommended for Adoption (NRA), or Routine classification in Kennel Windowunder Intake in the Condition field.

Kennel animal in appropriate location based on condition; APC, NRA,ROUTINE, Treatment/Contagious or Special Attention.All information from the "OWNER SURRENDER QUESTIONNAIRE" will beentered into Chameleon and the forms will be turned into the Lt on duty at theend of every day.

OCAC 26

) rv A f'i (. j II M r V

ommunity Resources

SUBJECT: Guidelines for Euthanasia of Animals That have Not Met Retention

Approved:

Animal Care

Number: 400.27

Page: 1Date:

Revised:

1. PURPOSE

Inan effort to be in compliance withthe ASV Guidelines for Standards of Care in AnimalShelters (ASVGSCAS) the following Policy and Procedure has beenwritten and willbeadhered to byall staff of OC Animal Care, Shelter Services. The Five Freedoms - Freedomfrom Hunger and Thirst, Freedom from Discomfort, Freedom from Pain, Injury or Disease,Freedom to ExpressNormal Behavior, and Freedom from Fear and Distress will be at the rootof every Policy and Procedure and the core of the works done at OC Animal Care.The Guidelines are setup with categories of "Must", "Should" and "Ideal". OCAC will strive tomaintainor achievethe "Must "category in all aspectsof the Shelter by adhering to the Policyand Procedures written to follow the Guidelines

To establish a procedure regarding the euthanasia of strayanimals that have not met retention.

II. POLICY

Per the ASV GSCAS topic Managementand Record Keeping, Establishment of Policies andProcedures, every Shelter Must:

o Develop and document protocols in sufficient detail to achieve and maintain thestandards described in this document, and update them as needed to ensure that theyreflect current information and pertinent legislation.

Per the ASV GSCAS topic Management and Record Keeping, Animal Identification andRecordkeeping every Shelter Must:

o A unique identifier (e.g. name and/or number) and record is established for each animalupon intake.

Per the ASV GSCAS topic Management and Record Keeping, Animal Identification andRecordkeeping every Shelter Should:

o Basic elements of a record include: the identifier (name and/or number), the results ofmicrochip scan, microchip number (if present), source of animal, dates of entry anddeparture, outcome, species, age, gender, physical description (breed and colors) andavailable medical and behavioral information.

The euthanasia of stray animals will only be performed for the circumstances listed.

OCAC 27

<L. ommunity Resources

SUBJECT: Guidelines for Euthanasia of Animals That have Not Met Retention

Approved:

III. SCOPE

This applies to all O.C. Animal Care employees responsible foreuthanasia.

'CAnimalCare

Number: 400.27

Page: 2Date:

Revised:

IV. FORMS/ SCREENS

Kennel Screen

Treatment Screen

Activity Screen

V. REFERANCE

ASV Guidelines for Standards of Care in Animal Shelters (ASY GSCAS)California Food and Agriculture Code 17006Policy and Procedure 400.08

VI. PROCEDURE

Authorized employees of O.C. Animal Care ONLY under the following circumstances mayeuthanize stray animals or animals that have not met legal retention:

When the animal is irremediably suffering from a serious illnessor severe injury, whenthe animal is a newborn animal that needs maternal care and has been impoundedwithout its mother, or when the animal is an owner relinquished dog that has adocumented history of vicious or dangerous behavior.

1. After all screens have been checked for owner infonuation, scanned for microchip andall possible avenues have been exhausted to find owner or guardian.

2. Policyand Procedure400.08 will be adhered to with all animals beingeuthanized.

The Veterinarian will update the treatment screen to reflect the seriousness of the injury/illness.

OCAC 28

Approved:

ommunity Resources , .. CAnimal Care• f y Ow > «

Number: 400.29

SUBJECT: Criteria for Maintaining Cats | Page: 1Date:

Revised:

I. PURPOSE

To establish a uniform procedure for the evaluation and disposition of catsandkittens impounded at DC Animal Care (OCAC).

II. POLICY

All cats and kittens shall be evaluated by Shelter Services staff based on age,health and temperament. Decisions regarding foster care, rescue adoption,veterinary transfer, or publicadoption shall be made by designated employeesfollowing medical andtemperament assessments and in accordance withestablished agency procedures.

III. SCOPE

Applicable to all employees responsible for medical and temperamentassessments and disposition ofcats.

IV. FORMS

Medical Waiver

V. REFERENCES

VI. DEFINITIONS

Not applicable.

VII. PROCEDURE

The following criteria shall be used to determine which animals based on weight,retention, health and behavior may be placed for adoption, sent to foster, rescue,or veterinary partner or euthanized.

1. All cats/kittens shall be properly identified and maintained in appropriate catcages designated for their status (i.e.. Treatment, Isolation, Receiving, Nursery,

OCAC 29

» > »♦ A r-i 1. <• I > 1

ommunity Resources

SUBJECT; Criteria for Maintaining Cats

Approved:

'cAnimal Care

Number: 400.29

Page: 2Date:

Revised:

VetX). Ailcats will be examined and evaluated upon intake and throughout theretention period.

2. All cats in Receiving cages shall be transferred, within 10-hours of impound, toappropriate cages immediately after initial exam by the Veterinary staff.

3. Kittens weighing at least 1.5 pounds, eating on its own, no signs or symptomsof illness shall be considered for the foster program based on space availabilityand placed in the COT nursery. If one memberof a litter is less than 1.5 pounds,is thriftyand seems well feed and healthy, it can be placed with the rest of thelitter. The Supervisor on duty will communicate with the COT staffon the dayofimpoundfor those animals that need the special handling and place a note on theAID for the litter referencing all important information.

4. During the retention period, a pregnantcat may be reserved for adoption by anapproved rescueorganization. Ifno reservations are placed, the cat shall be setfor spay surgery on the day it becomes availablefor adoption. The cat will beavailable for public adoption while waiting to be spayed.

5. Queens, with litters shall be re-evaluated at the end of their retention period forsuitability as adoption, foster, rescue, transfer or euthanasia candidates.

6.Any cat/kitten demonstrating any signs/symptoms of illness once the retentionperiod has been met, shall be evaluated and disposition will be determined bytreatment necessary and temperament.

7. Any cat/kitten demonstrating any signs/symptoms of illness prior to theretention period being met, shall be placed in the treatment room.

8. All cats/kittens which are required to be housed in any area not accessible tothe public due to a medical condition, temperament issue or age that have not metlegal retention, whether stray or owned, shall have a picture posted on the displayboard and shelter website. If any of these cats/kittens become adoptable, they willbe moved to a publicly accessible area of the shelter.

OCAC 30

li A N < -

CCommunity Resources

SUBJECT: Criteria for Maintaining Cats

Approved:

V'CAnimalCare

Number: 400.29

Page: 3Date:

Revised:

9. With exception to any discrepancies found in any screen upon review, anycat/kitten set for euthanasia during morning processing shall be euthanized, unlesscleared by OCAC staffresponsible for creating morning "Euth-Pre" Report.

10. Should any cat/kitten become ill after spay/neuter surgery, the adopter shall becontacted and notified of the animal's condition. Depending on the condition, theveterinarian may provide medication to administer at home. Theadopter mayalso be given theoption of choosing another animal orcontinuing treatment otf-site at their expense. The adopter shall signa Medical Waiver acceptingresponsibility for treatment.

11. Should an animal become ill within one week of adoption, the adopter mayreturn the animal to the shelter for treatment, exchange the animal for another, orseek care at a private veterinarian at their own expense.

12. All cats/kittens adopted from OCAC shall be spayed/neutered priorto beingreleased to the new owner. A spay/neuterdeposit (equal to the full cost of aspay/neuter surgery) shall be obtained with the adoption of anyunaltered animalin need of additional medical attention. The animal will be released with theunderstanding that the adopter will return the animal for surgery when it is welland at 2.5 pounds. A Medical Waiver shall be used for individual adopters and forindividuals adopting unaltered animals who are associated with a rescue groupwith a 501(c) 3 status.

13. Spaceprovided, staff shall have the discretion to treat sick/injured animalsthat have met retention based on the following criteria.

A. Cats under treatment must show signs of improvement within five (5) days toremain in the treatment room. The veterinary staff will re-evaluate/changemedication if the cat is not showing signs of improvement.B. Seven (7) cages (fifteen percent) must remain available for incoming sickcats. Once the treatment room becomes filled, the veterinarian staff shalldetermine which cats/kittens will no longer be treated based on response totreatment.

OCAC 31

i,> if A N < - i.y y N

ommunity Resources

SUBJECT: Criteria for Maintaining Cats

Approved:

'cAnimal Care

Number: 400.29

Page: 4Date:

Revised:

Note; Decisions concerning euthanasia are difficult for all those involved, butcan be especially troublesome for the Shelter Services staffresponsible for caring forthe cats. Disrespect, intentional or otherwise, will not be tolerated. OCAC staffthatmay deliver or observe underage and sickanimals in the clinic shall act in aprofessional manner.

OCAC 32

SUBJECT:

Approved:

COUNTY OF ORANGEHEALTH CARE AGENCY

REGULATORY HEALTH SERVICES

ANIMAL CARE SERVICES

RETENTION PERIODS

Number: 600.14

Page: IDate:

Revised:

I. PURPOSE

To provide guidelines for meeting State mandated retention periods.

II. POLICY

Impounded animals must be retained by law for a specified number ofworking days (excludinglegal holidays). State guidelines will determine the applicable retention periods when placingholds on or selling impounded animals at Orange County Animal Care (OCAC

III. SCOPE

Applicable to all staffwho are responsible for determining retention periods for animalsimpounded at OCAC.

IV. FORMS

Not applicable

V. REFERENCES

Not applicable.

VI. DEFINITIONS

Not applicable.

VII. PROCEDURE

A. Owner Surrendered or Returned Animals

Animals that are surrendered by theirowneror a custodian for either the purpose ofeuthanasiaor adoptionare held for a minimum of two days not including legal holidaysor the day of impound. Retention days are as follows:

1. The first day is for owner redemption only in the event the ovvner wishes toreclaim the animal.

2. The second through fourth day, the animal becomes available for adoption orowner redemption.

3. The fifth day, the animal may be adopted to a private party. Adoption PartnerCandidate (AFC), euthanized, or held for a longer adoption period.

OCAC 33

COUNTY OF ORANGEi-IEALTl l CARE AGENCY



Number: 600.14

SUBJECT: RETENTION PERIODS Page: 2Date:

Approved: Revised:

4. Puppies and kittens:a. If deemed adoptable, are available on the day of surrender or return.b. If the animal is a newborn animal that needs maternal care and has been

impounded without its mother, or is irremediably suffering, may beeuthanized by the veterinarian.

B. Stray Animals

Stray animals impounded by Animal Control Officers (ACO) or brought in by citizensat the main gate are held for a minimum of four days not including legal holidays or theday of impound. All stray animals are postedon the LostPets page on the OC AnimalCare website at www.ocpetinfo.com within 30 minutes of being impoundedat theshelter. The retention days are as follows:

1. The first three days are for owner redemptions only.2. The fourth day, the animal becomes available for adoption pending medical and

behavioral evaluation or owner redemption.3. The fifth day, the animal may be released to a non-profit rescue, adopted to a

private party, euthanized, or held for a longer adoption period.

C. Owned Animals

With the exception of animals impounded from Laguna Hills, animals wearing a rabiestag, microchip, license tag or any other form of identification, shall be held for seven(7) days not including legal holidays or the day of impound. Animals withidentification impounded from Laguna Hills shall be held for ten (10) days notincluding legal holidays or the day of impound. The retention days are as follows:

1. The first seven (7) days, ten (10) days for Laguna Hills impounds, shall be forowner redemptions only. An adoption reservation may be placed oh the animalpending medical and behavioral assessment.

2. On the eighth day, eleventh day for Laguna Hills impounds, the animal may bemade available for adoption.

3. If an animal arrives at OCAC with an out of state or out of date license and no

owner information is available, the animal will be held for ten days notincluding the day of impound or legal holidays. After the retention period, theanimal may be adopted to a private party, non-profit rescue group, euthanized,or held for a longer adoption period.

OCAC 34




SUBJECT; RETENTION PERIODS

Approved:

Number: 600.14Page: 3Date:

Revised:

D. Quartintined Animals

1. Owner Known Dogs and Cats

Owned dogs and cats that have been involved in abite or ascratch where askinbreak is observed shall be held in quarantine for the tendays following the dateof the bite. An additional three days, subsequent to thequarantine period, shallbe applied allowing the owner time to redeem their pet from OCAC.

2. Stray Dogs and Cats

Staff may determine the retention period for stray, unowned dogs and catsinvolved in a bite or a scratch where skin break occurred. The following are theretention periods to be considered:

a. The dog orcat may be held through the quarantine period and then eithereuthanized or adopted pending staff approval.

b. The dog or cat may be held for four days, allowing for owneridentification andif ownership is notestablished, theanimal may beeuthanized and tested for rabies infection.

c. The dog orcatmay beeuthanized upon impound if it is deemed to beirremediably suffering or is a newborn animal that needs maternal careand has been impounded without itsmother. The animal shall then betested for rabies infection.

E. Animals Under Police Hold Or Special Circumstances

These animals do not have a determined "Due Out" date. Pending contact with thepolice department and unless noted on the MEMO, the animal cannot be released.

F. Animals Not To Be Adopted Or Held For Redemption

Reasonable efforts will be made to treat animals that are not adoptable but that couldbecome adoptable with reasonable efforts. Animals that arenot recommended foradoption are;

1. Animals under eight weeks of age.2. Animals that have manifested signs of a behavioral or temperamental defect that

could pose a health or safety risk or otherwise make the animal unsuitable forplacement as a pet.

OCAC 35




SUBJECT: RETENTION PERIODS

Approved:

Number:

Page:Date:

Revised:

600.14

4

3. Animals that have manifested signs of disease, injury, or congenital orhereditary condition that adversely affects the health ofthe animal or that islikely to adversely affect the animal's health in the future.

4. Animals that are irremediably suliering from a serious illness or severe injury.5. Newborn animals that need maternal care and have been impounded without

their mothers may be euthanized without being held for owner redemption oradoption.

Feral Cats

Cats without owner identification of any kind whose usual and consistent temperamentisextreme fear and resistance to contact with people is a feral cat. A feral cat is totallyunsocialized to people. Theholding period is as follows:

1. The first three daysare for owner redemption only.2. The fourth day, shelter personnel qualified to verify the temperament ofthe

animal shall verify whether it is feral or tame by using a standardized protocol.If the cat is detennined to be truly feral, the catwill be listed asTNR or NOTNR as stated in 400.12 for the Feral Free program.

3. The fifth day, cats listed as TOR will be altered and released back to theiroriginal location. Cats listed as NO TOR may be released to anon-profit rescue,euthanized or held for a longer period.

NOTE: "Ear tipped" cats per County Counsel are classified as owned animals. Thesecats are to be retained as owned animals (see section C. Owned Animals).

Records

OCAC shall provide the owners oflost animals and those who find lost animalswith all of the following:

a. A list of animals lost or found on the "Lost and Found" lists maintainedby OCAC.

b. The telephone numbers and addresses of other shelters in the samevicinity.

c. The telephone numbers and addresses of volunteer groups that may be ofassistance in locating lost animals.

OCAC shall keep accurate records on each animal taken up, medically treated,or impounded. The records shall include all of the following information andany other information required by the California Veterinary Medical Board:

OCAC 36




SUBJECT: RETENTION PERIODS

Approved;

Number; 600.14

Page: 5Date:

Revised:

a. The datethe animal was taken up, medically treated, euthanized, orimpounded.

b. The circumstances under which the animal was taken up, medicallytreated, euthanized, or impounded (i.e., stray at large, confined,ownerreleased, etc.).

c. The names of thepersonnel who took up,medically treated, euthanized,or impounded the animal.

d. A description of anymedical treatment provided to the animal and thename of the veterinarian of record.

e. The final disposition of the animal, including the name of the personwho euthanized the animal or the name and address of the adoptingparty. These records shall be maintained for three years after the date theanimal's impoundment ends.

I. Special Needs Animals Information

In addition to being able to view animals on the Lost Pets and Adoptable pets pages onthe OC Animal Care website at www.ocpetinfo.com. non-profit animal rescues andindividuals may view the Special Needs Animals page forcurrent information (updatedevery 30 minutes) on animals in need of rescue atwww.petadoption.ocpetinfo.com/SpecialNeeds/. Animals with behavioral and medicalissues are posted on this web page as well as animals that have been at the shelter for anextended period of time with no adoption interest. Non-profit rescues that join OCAnimal Care's Adoption Partner program or who provide 501(c)(3) identification andemail contact information to the Adoption Partner Coordinator will also receive a dailyemail promoting these special needs animals.

OCAC 37

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PROOF OF SERVICE

1do hereby declare lhal I am a cili/.en of the United Slates employed in the County ofOrange, over 18 years old and that my business address is 333 West Santa Ana Boulevard, Suite407, Santa Ana, California 92701. Tam not a party to the within action.

On August 26. 2015.1 served the foregoing SETTLEMENT AGREEMENT ANDRELEASE TO BE ENFORCED BY COURT PURSUANT TO CCP § 664.6 UNTILNOVEMBER 1, 2017 on ail other parlies to this action in the following manner:

[XJ {BY U.S. MAIL) I placed such envelope(s) addressed as shown below for collection andmailing at Santa Ana, California, following our ordinary business practices. I am readily_familiar with this office's practice for collecting and processing correspondence lor mailing. Onthe same day that correspondence is placed for collection and mailing, it is deposited in theordinary course of business with the United States Postal Service in a sealed envelope withpostage fully prepaid.

[XJ (BY FJLCTRONIC SLRVICL) I caused the aforementioned document to be servedelectronically to the person listed below.

[J (BY OVLRNIGHT COURILR) I placed such envelope(s) addressed as shown below forcollection and delivery by UPS with delivery fees paid or provided for in accordance with thisoffice's practice. I am readily familiar with this olfice's practice for processing correspondencefor delivery the following day by UPS.

[J (BY FACSIMILL) I caused such document to be telefaxed to the addressee(s) andnumber(s) shown below, wherein such telefax is transmitted that same day in the ordinarycourse of business.

[J (BY PLRS(3NAT, SLRVICL) I caused such envelope(s) to be hand-delivered to theaddressee(s) shown below.

[XJ (STALL) I declare under penalty of perjury under the laws of the Slate ofCalifornia that the foregoing is true and correct.

DATED: August 26. 2015

Anthony Lievanos

NAME AND ADDRESS TO WHOM SERVICE WAS MADE

LlNKELS'fHIN & KRINSK LLP

Howard D. Finkelstein, Esq.700 Front Street. Unit 1401,San Diego, California 92101-6011Phone:619-238-1333

Fax: 619-238-5425

Email: [email protected]

[email protected]

Attorneys for Plaintiffs

PROOF OF SERVICE

Government & Nonprofit

Sharon Logan Settlement Agreement with Orange County Animal Care