Dumb as a Box of Rocks

Our Shiawassee County Commissioners are just plain dumb as a box of rocks. 

You may not believe it, at this point, but I am actually being nice when I say that.

Some of them are dumb by their own choosing.

Some are just too lazy to actually dig in and learn their job.

Some just can’t help it.

 But all of them have been egregiously misled by their wonderful county administrators and assorted department heads.  It’s a little game they play.  “Let’s see what we can get over on the commissioners this year.”  After all, the commissioner’s term is only two years.  By the time a newbie even begins to figure out what s/he is doing (assuming they are trying), it is time to run for office, again and….any newbie who actually did dig in will be gotten rid of, one way or another.

On the current board there is absolutely no one that has a clue as to how animal control became the sheriff’s Donut Fund.  Not a clue.

(This first post contains links to all of the other posts on this blog, or you may use the links on the right.)

OK, This is how it went.

2004 the “Animal Control Advisory Board” thought it would be a good idea to raise the dog license fee and use the extra money to bring the animal control shelter up to ‘code’.  Oh boy, did the administrator and commissioners jump on that one!  2004 raise dog license fees  2005 Dog License Fees and a current list of statewide license fees Dog License Fees

The “Animal Control Advisory Board” were concerned about the use of the extra money and the current chairman of the board assured them the board was “morally bound to put that money back into animal control”.  Well, they never did.  They just kept whining and crying about “budget constraints”.  That is complete BS! 

There never was a budget constraint that affected administering the dog law and if there was, they would be justified in raising the fee.  Except they don’t have a clue what it costs to “administer the dog law of 1919, as it pertains to dogs”.  All they can come up with is the animal control budget. AC 2003 Actuals-2015 Proposed Budget  At one point they threatened to close the shelter and then they "found" some money to keep it going.  "Found"?????  Yeah, who lost it and how did they find it?

The dog law of 1919, as amended, provides that the dog license fee shall be set sufficient to cover the cost of administering the dog law of 1919, as amended, as it pertains to dogs. 

There are a whole lot of laws that animal control ‘administers’.  Some are even other dog laws and there are a whole lot of animals besides dogs.  A good guess would be, maybe 60% of the animal control budget would be dog law of 1919, as amended.   But maybe not.  There is a difference from when they actually had a shelter and took in as many cats as dogs and now with no shelter and absolutely nothing done with cats.  In any event, since 2004 animal control has been operating at a profit with none of that profit going back into animal control or the animal shelter.  According to some attorney general opinions and some case law dog license fees were never intended to be revenue generators.
AG 4353 - Not Revenue  very specifically addresses this issue.  The "dog tax" was repealed in 1806!  Get real.

2011, I believe in November, the board of commissioners voted to close the animal control shelter and contract with the Shiawassee County Humane Society to care for any dogs they needed to keep.  Again they cited the non-existent 'budget constraints'. 

The 2011 expenses were  $116,489 ; dog license fees were  $121,822. 
A profit of $5,333 without even considering If 60% of expenses were dog law that would be $47,924
leaving $73,898 profit. 

The 2013 (first full year without a shelter) expenses were  $ 62,281: dog license fees were $115,399.
A profit of $53,118 without even considering If 60% of expenses were dog law that would be $37,368
leaving $78,030 profit.
 

The 2014 budgeted expenses are  $ 67,976;  dog license fees are  $119,528.  
A planned profit of $51,552 without even considering If 60% of expenses were dog law that would be $40,785
leaving $78,742 profit.

Even at 80% the expenses would be $54,380 with $65,147 profit. 

 The 2015 proposed budgeted expenses are  $73,543;  fees are  $110,000. 
Another planned profit of $36,457 without even considering If 60% of expenses were dog law that would be $44,125
leaving $65,874 profit.

Even at 80% the expenses would be $58,834 with $51,165 profit. 

 The percentage should be different for after closing the shelter and no longer doing cats, but even I haven’t figured out what that could be………yet.  The projected revenue is going down.  We have been losing population and I hear whispers of people not buying dog licenses.

Just about anybody can see the fees are exceeding the expenses. 

Not a big deal?  Well,   I think over a half a million dollars in overcharges since 2005 is a big deal. ILL GOTTEN GAINS 

 It’s a little harder to see that the expenses are not all applicable to the fees.

However, the board voted to close the shelter and never gave a thought to the dog license fee. 

2012 a new board comes in, or at least some new board members and they don’t have a clue how all of this came about.  That was all decided before they came into office.  Not their problem.  Lol   Well, yeah, it is their problem.  But they refuse to address it.  Flat refuse and have the audacity to belittle me for never letting it die.  (and I never will – they’ll just have to wait for me to die – but oh…there is someone to carry on even after I die, tsk-tsk).

Now, here we are at the 2014 elections.  A whole new box of dumb rocks running for office.  I do hope some of these bright young people get into office.  Maybe they will have the initiative, ambition and energy to actually dig into things and figure it out.  Instead of just letting the county administrator and not so well-intentioned department heads lead them around by the nose….

Here’s a clue:  the dog license fees should have been reduced when they were not used for the shelter or at least reduced when they closed the shelter.  Makes perfect sense to me.  PERFECT SENSE!

We have to go back further.

2000 the board of commissioners adopted an animal control ordinance.  What a piece of work that was/is.  Our former prosecuting attorney (remember him?  not the sharpest knife in the drawer – at his best) copied from another county, who no doubt copied from somebody else.  I think there are around a dozen counties that have copied this piece of crap.  I don’t know where it originated but some looney tune thought it was quite ingenius.  Actually it was/is not within what state law allows.  It is an illegal ordinance written under color of law.  Meaning they want you to think it is legal, but it isn’t.  The animal control website now says

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

Kirt Stechschulte, Officer

P: 989.743.2406 F: 989.743.6580

Animal Control

The Animal Control Office, under the supervision of the Shiawassee County Sheriff’s Office is required to:

   § Enforce the Dog Law of 1919 (licensing of dogs and kennels);

§ Impound animals found running at large; and
§ Hold impounded animals for the statutory period

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Sheriff Braidwood likes to say we need to charge more for dog licenses, they don't get nearly enough.  HA!
Braidwood's reports certainly do not indicate that!

But I know they do other stuff and with other animals.  “Running at large” is a separate law.  They do a lot of that and that would not be financed by the dog license fees.  But this is closer to what they should be doing than what the outlaw county ordinance says.  The Dog Law of 1919 doesn't cover much.  Licensing and we really don't even need to do that because we really SHOULD NOT have a law on the books that makes a criminal offense out of not vaccinating a dog for a disease that no longer exists in this country!  They try to make it sound so urgent and important.  Bullshit!  Canine strain rabies has been eradicated in the United States since the early 70's.  It has gone the way of smallpox.  We don't vaccinate our children for that anymore.  That is a whole ‘nother story.

Here’s another clue: that Shiawassee County ordinance needs to be repealed.  Muskegon County did it and they have not fallen off the face of the earth.  They don’t even have an “animal control” anymore.  Their “animal control”  was “vector control” and under the health department.  Gone now for several years.  I think they also left the high dog license fee in place.  Our dumb box of rocks is not alone, which reminds me.  Our state legislators are also dumb as a box of rocks.  Makes me wonder how any of us survive.

But this brings up the kennel licenses.  Omg………just about everything Shiawassee County does with regard to kennels violates state law.  That is a whole ‘nother story.

KENNELS…..

Local officials acting in violation of state law

MCL 287.270 Sec 10 EXCERPTS……3 or more dogs ………..”The license shall be issued by the county treasurer”……… “The fee to be paid for a kennel license shall be $10.00 for 10 dogs or less, and $25.00 for more than 10 dogs”……………….. “shall not issue a kennel license for a new kennel under the provisions of this act unless the applicant furnishes an inspection certificate”.

For many years Shiawassee County charged $30 and $60 for kennel licenses in violation of state law.  Somebody pointed that out to them and in 2004 they reduced to the state mandated rates.  However, they got away with it for so many years they figured they needed to make up the lost revenue, however ill-gotten it was, and they came up with the “annual inspection” and outrageous fee of $30 and $50 for the service.   That came through as a new “policy” Sheriff "Policy" 2005 of the Shiawassee County sheriff’s, who has no legal authority to promulgate rules with regard to kennels!  Minor detail. The amount charged was supposedly based on the amount of time it took the animal control officer to do it.  (At one time I calculated that guy must be making about $700,000 a year.)  State law says the inspection for a new kennel to be done by an authorized representative of the department of agriculture, but Shiawassee County will not accept a statement from a veterinarian who is just exactly that and certainly more qualified than whatever animal control officer they have.  lol.......actually, State Law says the inspection is only required in those counties that have adopted that amendatory act of the dog law.  If they have not, no inspection is required, ever.  AG 1897

The Shiawassee County Treasurer has the audacity to refuse to issue a new  kennel license until approved by zoning and inspected.  Where did that come from?  There is no zoning in the dog law of 1919, as amended.  Ah well, this is Shiawassee County. 

The Shiawassee County Treasurer refuses to issue a renewal kennel license without an “annual” inspection “slip”.  So, the treasurer violates state law when you renew your license. The treasurer has no authority to refuse to sell a renewal license.  That is malfeasance in office.

NO, a county does not have the authority to make their own rules on kennels. AG 1897

“287.270b Kennel licensing ordinance. Sec. 10b. Any city, township or village having in its employment a full-time animal control officer may adopt an ordinance providing for the issuance of kennel licenses by the animal control officer on the same terms, conditions and fees as is provided in section 10.”

So, that “this is Shiawassee County” baloney is also in violation of state law.  I think that makes them all outlaws who victimize law abiding citizens.

Attorney General Opinion 1897 fully supports all of this and more! AG 1897

Oh, and to get an annual inspection “slip”, rabies vaccinations are required.  The dog law specifically states kennel dogs are exempt from that requirement.  Sec 10 “Proof of vaccination of dogs against rabies shall not be required with the application.”  The Governor even recognizes this, AS PER LETTER of  June 9, 2011 originally issued in 2008, which also brings up holding times as MDARD “POLICY” not a statute.  MDARD Rabies not required for kennel dogs   lol before he advises against it at least one attorney recognizes the law   lol  what a piece of work that is.

Elected officials don’t seem to give a damn.  One county commissioner even commented to me that “If the people don’t like what we do, I guess they can sue us.”  WHAT?  I MEAN WTF?

Nobody wants to have to sue elected officials to make them abide by the law.  I guess they know that. 

No one dog owner  or one kennel owner could afford to sue them.  I guess they know that, too. 

Most dog owners and kennel owners live in terror that their animals will be confiscated on some trumped up charge.  They probably know that, too. 

The first kidnapping for ransom was supposedly a dog.  Very profitable.  Our government even does it.  Or blackmails us  into forking over money for the privilege of keeping our dogs in peace.  It’s the old protection racket.  License your dog so it doesn’t get nabbed and killed in one of our doggie Auschwitzs. 

If the Shiawassee County Commissioners knowingly do all of this, then they are just plain evil and are certainly not acting with the best interests of the people in mind.  I think it sounds nicer to just say they are all dumb as a box of rocks.  It is time they realize the people are not all afflicted with the same problem and they need to clean up their act.