An INDEPENDENT entity to oversee animal issues in NYC ...

Could the NYC Public Advocate's Office be the answer?

For decades, animal advocates have been pushing for a separate department of animal affairs to replace the current control by the Department of Health & Mental Hygiene (DOHMH), whose primary goal is human health, not animals.

In 1994, the ASPCA gave up the NYC animal control contract and it was left to the DOHMH to figure out how to fill the void. The Center for Animal Care and Control (CACC) was created, which was the beginning (or continuation) of a big problem. Over the years, the lack of transparency and accountability has continued and worsened, and after several name changes, it is now the Animal Care Center (ACC). In 2019, the ACC entered into a 34-year contract with the DOHMH - with inadequate public participation.

Many take it for granted, but many of us don’t and continue fighting and trying to expose this corruption, lack of transparency, and accountability to the public. Sometimes, NYC council members will help prop up the ACC. But it was not always like that.

In 1998, the Shelter Reform Action Committee, formed by activist Gary Kaskel, started a ballot initiative to create a separate Department of Animal Affairs. Along with Gary, I was co-chair. It’s still surprising to me that before the days of widespread computer use and social media, we did amazingly well with recruiting people to help us get signatures to put this initiative on the election ballot. Although we needed 50,000 signatures, we managed to get 75,000 verified, legitimate signatures, but lost in court because then Mayor Giuliani’s lawyers used the law of 1894, which said only the mayor could create a city agency.

This is a link that will get you to the actual ballot initiative, “Petition for NYC Charter Amendment.” Scroll down 14 docs until you get to Ballot Initiative.pdf. (We appreciate the Shelter Reform Action Committee for maintaining these documents.)

Fast forward almost thirty years, and some people are still advocating for a Department of Animal Welfare. I say – be careful what you wish for. In retrospect, I’m not sorry that we lost in court. Such a department would have had to answer to the Mayor, just like all other city agencies do. And the Mayor would choose who would be in control. There would be no independence.

Although the single Office of Animal Welfare was codified in 2015, it began in 2014 with the election of Mayor Bill de Blasio. Many of us lobbied for it with de Blasio, but what developed was not our original intent. Unfortunately, there is currently a minimal degree of separation between the ACC and this office.

A Possible Solution

The Office of the Public Advocate is independently elected. Originally created in 1993 to provide a check on the mayor’s power and to hold the government accountable, none of the past Public Advocates focused on animal issues. The office has included Mark Green, elected in 1994, followed by Betsy Gottbaum, Bill de Blasio, Leticia James, Corey Johnson (acting), and Jumaane Williams, who is currently the PA. I am unaware of any substantial support the past and present Public Advocates have ever given to animal issues, such as described below. But it does not have to be that way.

Duties of the Public Advocate's Office (excerpts from the website)

“The Public Advocate is a non-voting member of the New York City Council with the right to introduce and co-sponsor legislation. Prior to a 2002 charter revision, the Public Advocate was also the presiding officer of the Council. The Public Advocate also serves as an ombudsman for city government, providing oversight for city agencies, investigating citizens' complaints about city services and making proposals to address perceived shortcomings or failures of those services. These duties are laid out in Section 24 of the City Charter.”

“Along with the Mayor and the Comptroller, the Public Advocate is one of three municipal offices elected by all the city's voters. In the event of a vacancy or incapacity of the mayor, the Public Advocate is first in line to become Mayor.”

The Public Advocate’s Office already has the authority to investigate complaints regarding the Department of Health and, by extension, the ACC. The Office can push for currently lacking oversight mechanisms – something many of us have been advocating for. The Office can hold public hearings to address animal issues, unlike the manipulated DoHMH, which shirked an ACC oversight hearing on September 13, 2024, by shifting to other animal-related matters that are important but not the main issue.

The Office of the Public Advocate can oversee and influence agencies like the Department of Health and their oversight of the ACC, carriage horse business, and any other animal issue. In other words, transparency. This oversight is part of the broader mandate of the Public Advocate to ensure government accountability and advocate for the interests of New Yorkers, including the welfare of animals.

With the right person as Public Advocate, NYC can move into a more transparent era and provide real advocacy for animals.

Spectrum News recently published this article Public advocate’s race turns increasingly contentious about the race for this office between the incumbent, Jumaane Williams, and Queens Assemblymember Jenifer Rajkumar.

So, how do Williams and Rajkumar fare on animal issues? This is a list of NYC Council bills that Williams either sponsored or endorsed. Animal issues are missing. He never signed on to Intro 573, the bill to ban horse-drawn carriages. As for Rajkumar, she recently introduced a bill called Penny’s Law in response to the savage dog attack on the Upper West Side of a ten-year-old Chihuahua mix by two pit bulls directed by their owners.

It is not known if either candidate will take the actions I outline here. I hope we can find out soon.

The NYC Primary election is June 24th. Ranked Choice Voting will be used in the primary elections for municipal offices, including Mayor, Public Advocate, Comptroller, Borough President, and City Council. Please vote! Make yourselves heard. Williams and Rajkumar below. Marty Dolan is also on the ballot.

This is my recent article Why Doesn’t the City Council Get it Right?!! on 4/19. It discusses animal issues and the low voter turnout in NYC.

Please remember that we get the government we deserve.