Money War Between Newark, Animal Shelter Erupts: 'City Won't Pay'

NEWARK, NJ — The cold war between the City of Newark and the Associated Humane Societies (AHS) has finally reached a tipping point.

On Wednesday, the AHS announced that after a more than a century of local operation, it will stop providing animal control and animal shelter space to the City of Newark at the end of the day on Nov. 8. The reason? City officials refuse to pay their bills, according to the nonprofit.

AHS spokespeople offered the following reason for the service suspension:

“The sole reason for this action is that the City of Newark has failed to pay for the goods and services already delivered to the city and its residents. Newark has not paid its bills for more than three months (July, August and September 2018), with another month now due for the month of October. The amounts remain unpaid notwithstanding good faith efforts on the part of AHS to collect the lawful monies due and owing while continuing service. Newark continues to simply refuse to pay. With four months due and owing now, AHS can no longer continue to provide service to the City of Newark.”

Acting AHS Executive Director John Bergmann said that “like any other vendor,” the nonprofit is entitled to be paid for the services it provides. And the door isn’t shut on the possibility of a reconciliation, he added.

“If Newark is responsible and pays what is owed as agreed, AHS will continue to serve them as it has,” Bergmann said.

Although city officials declined to comment about the possibility of lining up another animal control provider in the near future, Newark Business Administrator Eric Pennington offered an interpret-as-you-will statement about the situation on Wednesday evening: "Residents [of Newark] will not suffer a loss of service after November 8."

Pennington offered the following background about the city's recent billing battle with AHS:

"Because the [previous] agreement expired, the city was forced to enter into an emergency agreement with AHS, at a 40 percent increase over the previous agreement. The emergency agreement was for a period of three months. Each emergency agreement requires AHS to provide certain corporate documentation so that AHS and the city would be in compliance with the procurement laws. It took AHS several months to provide that documentation for the first emergency agreement, which resulted in a delay in them getting paid. During the period of the emergency agreement, AHS agreed to negotiate in good faith with the city for a long-term agreement at a rate that was less than the expired agreement, while simultaneously negotiating on reasonable terms for the period of the second emergency agreement."

Pennington said that over the course of the contract talks, it became clear that AHS was not "negotiating in good faith."

"The city presented AHS with a proposed agreement for the maximum term allowable by law, at a rate that was consistent with the rates AHS charged other municipalities," Pennington said. "AHS went back on its word to negotiate for a long-term agreement at a reasonable rate, and instead advised that it would not consider anything less than the 40 percent increase going forward."

Pennington said that the city continued its efforts to negotiate with AHS, but the nonprofit "refused to come to the table" unless Newark agreed to pay the 40 percent increase.

"The residents of the City of Newark cannot and will not be held hostage by AHS," he concluded.

SERVING NEWARK... AND OTHERS

Currently, AHS has a temporary agreement to provide the following services for Newark:

• Animal Sheltering - 24 hours, 7 days a week (includes feeding, watering and exercising of animals)
• Medical treatment services for animals as needed
• Crematory services for animals as required
• Animal Pickup Services ("Dead or Alive") - 24 hours, 7 days a week on weekends and holidays (on an emergency basis at the request of the city)
• Animal Pickup Services – From 5 p.m. to 8 a.m. (on an emergency basis at the request of the city)

In addition to its Newark facility, the AHS, which describes itself as "largest animal sheltering system in New Jersey," also maintains shelters in Forked River and Tinton Falls, where it also operates the Popcorn Park Zoo.

According to 2017 data from the shelter's annual report to the NJ Department of Health, AHS-Newark is also paid to provide animal control officer and holding/impounding services to Belleville, Carteret, Clark, Fairfield, Hillside, Irvington, Linden, Orange, Plainfield, Roselle, Winfield Park.

Although it will be suspending services to Newark, the AHS said that the Evergreen Avenue facility will remain open and fully functional for its other contracted New Jersey residents and municipalities. The nonprofit will also continue to provide low cost spay/neuter services through its mobile unit, spokespeople said. (Story continues below)

AHS AND NEWARK: A ROCKY RELATIONSHIP

For those keeping track of the souring relationship between the AHS and Newark, the separation didn’t come out of the blue.

Earlier this month, a city spokesperson told Patch that Newark “is in negotiations with AHS regarding contract terms and our exploration of the possibility of a different shelter operator.”

In August, AHS-Newark Assistant Director Robert Russotti said that the nonprofit has been working without a contract and with a conditional city license at its Newark facility. Russotti said the AHS has been operating under the previous terms of the agreement “as a courtesy.”

• See related article: Animal Shelter, Newark Trade Barbs Over ‘Litter Box Rule'
• See related article: Newark Neglected 3 Pit Bulls Found Nearly Dead: Humane Societies

The decision to suspend services in Newark comes at a turbulent time for the AHS, which was buffeted by a series of grim inspections last year that revealed troubling conditions at their flagship facility.

• See related article: NJ Inspectors Find Grim Violations At Newark Animal Shelter

During state-led inspections of the shelter – which also included Newark city officials –New Jersey Department of Health inspectors reported a medley of violations that included:

• Bags of animal carcasses left laying outside the building
• Sick animals with bloody urine, diarrhea, vomiting, Kennel Cough and nasal discharge
• Dogs and cats kept in cramped, dark enclosures without exercise
• Incomplete and inaccessible animal intake records, including euthanasia records
• Aggressive dogs, bite-hold dogs, and court-hold dogs housed in the basement with inadequate ventilation and insufficient cage space

The allegations of abuse at AHS-Newark caused a shakeup at the top of the organization. In the wake of the 2017 inspections at AHS-Newark, former Executive Director Roseann Trezza was hit with eight criminal counts of animal cruelty and eight civil counts of animal cruelty.

In May, the NJSPCA – which has seen its own recent troubles – reported that Trezza may eventually be allowed to return to her position as part of a plea deal that dismissed 16 counts of animal cruelty against her.

• See related article: NJ Animal Shelter Director May Get Job Back After Alleged Cruelty

According to Pennington - despite her suspension from operations at the AHS-Newark facility - Trezza has been a "principal obstructionist" in the city's efforts to reach an agreement with the nonprofit.

Pennington said that after AHS' last contract with the city ended in January, municipal officials were hesitant to pull the trigger on a new deal until last year's troubling issues were abated.

However, AHS-Newark Assistant Director Robert Russotti, who is currently in charge of the Newark shelter, said that the past year has made a big difference in the Brick City.

“After numerous and ongoing inspections, we have not been found to be in violation of any applicable laws and regulations,” Russotti said Wednesday.

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Main Photo: Eric Kiefer