Rescue Village is a private nonprofit humane society that provides medical care and housing for homeless animals and is considered a no-kill shelter. We are not a government agency, we receive no taxpayer support, and perhaps most importantly, we are not involved in the decisions elected officials make regarding the operations of government services, including the Geauga County Dog Warden’s Office.
We always seek to have a strong relationship with Geauga County agencies and we stand ready to support our county government, our Sheriff’s Office and the dog warden, as we do with other Ohio counties. Whatever the county decides, we will always work with partners to ensure that dogs are well taken care of until they find permanent homes.
Rescue Village, 12/19/2024
The following letter was sent to the Geauga County Commissioners and other public officials after inaccurate statements were made about Rescue Village and the nature of its work by a public official—the Geauga County Dog Warden—during a public meeting. The Dog Warden is a government employee whose salary is paid with public funds. By contrast, Rescue Village is a private, nonprofit corporation operated by citizens of the State of Ohio. It is funded voluntarily by private donations from individuals throughout Geauga County, the State of Ohio, and across the United States.
January 2, 2025
Carolyn Brakey; James W. Dvorak; Ralph Spidalieri
Board of County Commissioners, Geauga County, Ohio
Dear Geauga County Commissioners:
As you know, I am the Executive Director of the Geauga County Humane Society, Inc., d.b.a. Rescue Village. Founded in 1974, Rescue Village is a successful nonprofit humane society and a Geauga County employer. In addition to investigating animal cruelty and neglect, Rescue Village provides veterinary care, shelter, and adoption services for more than 3,000 homeless animals each year. Rescue Village also provides educational activities and community events, such as summer camp for kids and the annual Woofstock dog festival, as well as volunteer opportunities. Rescue Village is not a government agency and relies on donations to provide these services to the community.
I am writing in response to your recent Commissioner’s meetings on December 17, 2024, and December 27, 2024, which included the Geauga County Dog Warden. The Board of Commissioners had some questions about the role of dog wardens and county humane societies. There are also public misunderstandings. We hope this information will be helpful:
A dog warden is a county government employee and law enforcement official. A dog warden’s duties are described in Chapter 955 of the Revised Code. In essence, a dog warden role is to:
By contrast, a county humane society like Rescue Village is not part of the county government. It is a special non-profit, charitable corporation that has been given statutory authority to (a) appoint humane society agents (humane agents or humane officers) and (b) appoint prosecutors to handle animal cruelty/neglect cases. A county humane society relies almost entirely on charitable donations for its operations. [1] Rescue Village, like most other county humane societies in Ohio, is not a 24/7 operation. County humane societies perform a critical role in providing support for animals that are the victims of animal cruelty and neglect and who typically require more resources than other shelter animals.
A humane agent is a specialized law enforcement officer appointed, employed, and paid for by a county humane society. Humane agents must complete mandatory training, and their appointment must be approved by the county probate court. Humane agents’ authority is limited to enforcing laws related to animal cruelty, neglect, and abandonment, as further defined in Chapter 959 of the Revised Code.
Other law enforcement officials, such as local police and the county sheriff, are government employees who generally enforce the criminal laws within their jurisdiction and perform other community caretaking functions. The criminal laws enforced by these officials include both those described in Chapter 955 and Chapter 959 of the Revised Code. These officials have dual jurisdiction with dog wardens and humane agents.
Certain comments were made during the meeting which require some explanation or correction:
1. At one point, the Dog Warden asserted that a dog warden has no authority to investigate or prosecute cases of animal cruelty. In fact, a dog warden has specific authority under R.C. 955.12 to apply for a search warrant and seize a dog where the dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer. As with other law enforcement, search warrant exceptions, such as exigent circumstances and consent, naturally still apply to dog wardens, as the wardens have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties pursuant to R.C. 955.12.
2. The Dog Warden offered to take over the duties of Rescue Village and become a humane agent himself. As noted above, Rescue Village is a self-governing non-profit entity with its own Board of Directors, separate and apart from county government. Although Rescue Village has a long history of cooperating and partnering with other local law enforcement and governmental entities, neither the Dog Warden nor any other County official has authority to direct its activities, nor do private citizens. O.R.C. 955.15 does permit the county government to enter into an agreement with a county humane society to perform further animal-related services. Geauga County has no such contract with Rescue Village at this time.
3. The Commissioner’s meetings included a discussion about who would have authority to handle a dog left behind in a vehicle if the driver were arrested. In our view, a person who is involuntarily separated from his or her pet is probably not guilty of abandonment of an animal under O.R.C. 959.01, therefore a county humane society probably does not have authority to remove the animal as evidence of that crime. However, we believe that governmental law enforcement has authority to remove, protect and inventory personal property that is left behind in vehicles as part of its community caretaking function and general duty to safeguard property. Dogs are personal property (O.R.C. 955.03). We believe that a county employee such as the dog warden could assist county law enforcement in removing and protecting that personal property. There was further discussion about a 24-hour period during which no action could be taken. There is no such provision in the law, and we believe the reference is related to R.C. 1717.13, which provides that any person may protect an animal from neglect after a 15-hour period. This statute is a civil liability shield and does not apply to law enforcement. Thus, there is no such 15 or 24 hour requirement for law enforcement to intervene on behalf of an animal.
4. Similarly, the Commissioner’s meetings also included a discussion about dogs left behind in a residence after the owner died. Depending on the circumstances, there might have been sufficient cause for a law enforcement officer (a dog warden, humane agent, or other law enforcement) to get a search warrant or otherwise investigate whether any person, other than the deceased person, negligently failed to provide food, water, or other care which caused the animals to suffer. In the alternative, we believe that governmental law enforcement with general jurisdiction have authority to secure property that is in danger of imminent harm as part of its community caretaking function and general duty to safeguard property; not unlike removing valuable items from a burning building.
I hope that is helpful. Please feel free to contact me if we can be of further assistance.
Sincerely,
Kenneth Clarke, Executive Director
CC: Elected Officials: Geauga County Sheriff Scott A. Hildenbrand; Geauga County Auditor Charles E. Walder; Geauga County Prosecutor James R. Flaiz
[1] Starting on January 1, 2025, counties pay a nominal $160 per month to a county humane society to help pay the salary of a humane agent, a payment Rescue Village continues to decline to accept.