'Disappointed' NJSPCA Calls Law Disbanding It An Unfunded Mandate

As one of his final acts as governor, Chris Christie signed a bill on Monday that disbands the New Jersey SPCA.

The nonprofit organization that has been enforcing animal cruelty laws for 150 years has come under fire, not only from animal activists and organizations but also from the state itself: a report issued in October by the State Commission on Investigations shredded the organization, saying the "altruistic mission of the organization became secondary to those who controlled the NJSPCA and subverted it for their own selfish ends and self-aggrandizement."

The report, the result of ongoing complaints about the NJSPCA, wasn't the first that criticized it. But it appears to be the final word on the organization: The bill passed both houses without a single opposing vote before Christie signed it.

The new law (S-3558/A-5231) transfers the power of humane law enforcement to the county prosecutor in each county, and requires the designation of a municipal humane law enforcement officer in each municipality with an existing police department.

"We are obviously disappointed," said Matt Stanton, spokesman for the NJSPCA. "To tear down an agency that has been enforcing NJ's animal cruelty statutes for 150 years at no cost to taxpayers is unconscionable and misguided."

"The fact is this is a unfunded mandate that will place unnecessary financial strains on prosecutors and municipalities statewide," Stanton said, adding it will "result in inconsistent enforcement from county to county."

New Jersey's animal welfare statutes have been enforced by SPCA officers who received firearms training through the New Jersey State Police, taking reports and investigating complaints from concerned citizens about possible animal welfare violations, under the auspices of the NJSPCA.

The NJSPCA had been under fire for more than 10 years, however, for a range of issues. Animal activists frequently complain about a lack of responsiveness from the organization to reports of possible abuse or neglect. The SCI report said of 120 cases the state reviewed, 75 percent of the animal welfare complaints received had no written record of response despite the the NJSPCA's own policies. The report noted that the NJSPCA personnel told SCI investigators that the organization receives nearly 5,000 complaints a year but about 70 percent of them are unfounded.

Steve Shatkin, president of the NJSPCA, testified before the legislature and called the SCI's claim of slow response "pure hogwash."

"The reality is the NJSPCA receives and responds to approximately 5,000 animal cruelty complaints each year. Since January 2015, we have issued approximately 1,250 summonses for animal cruelty; we have
rescued thousands of animals and have successfully resolved thousands of complaints by educating humans .about animal cruelty," Shatkin said. He accused the SCI investigators of illegally obtaining access to the NJSPCA's records database and called its methodology "flawed and without merit" because the database contains 54,000 cases.

He also pushed back on the SCI accusation that some of the SPCA officers are "wannabe cops." The SCI report said there were multiple instances where NJSPCA officers exceeded their statutory authority, going so far as to make traffic stops. Shatkin said the SCI "provided zero evidence to back those claims. The NJSPCA does not engage in aggressive ticketing and ... has never issued a summons for a traffic violation."

The SCI report, however, says one NJSPCA officer was punished for exceeding his authority. It also noted the organization spent more than $25,000 on ammunition, more than the $23,000 spent on medical care and vaccinations for animals, numbers the investigators pulled from the organization's tax forms.

Shatkin said NJSPCA officers and agents -- 20 officers, who carry guns, and 40 agents, who do not -- are volunteers and Shatkin emphasized they did the work at no cost to New Jersey taxpayers, and at times at risk to the safety of the officers.

"NJSPCA personnel work in dangerous areas throughout the state in crime-ridden neighborhoods at any hour, day or night. NJSPCA personnel work on routine cases involving improper shelter to complex cases involving cockfighting or dog fighting, blood sports where violent gangs, illegal guns, gambling and drugs are typically associated. There have been homicides at these events as well," Shatkin said, adding that an investigation of a case in Newark led to getting an AK-47 assault rifle off the street.

Financial issues were the other issue raised by SCI report and played a prominent role in the push to disband the organization. The SCI cited legal bills, which the report deemed exhorbitant -- the majority of which were incurred in the fight over the Hunterdon County SPCA, where the operator of that county unit was arrested on animal cruelty charges.

The SCI report said Harry Jay Levin of Levin Cyphers, a Toms River law firm, was paid more than $775,000 over a five-year period with little review of the charges and poor record-keeping on the part of the NJSPCA. The SCI report notes Levin was later disciplined by the state Supreme Court Disciplinary Review Board over conflicts of interest he had in relation to the NJSPCA representation.

In addition, the NJSPCA lost its federal 501(c)(3) charity status -- which allows donors to take tax deductions for charitable donations to the organization -- when it failed to file tax returns for three years. The Internal Revenue Service requires organizations that have been granted charitable status to file a form 990 yearly. The form spells out how much money an organization receives, how much is spent on salaries and on its various programs.

Stanton said the problem arose when the NJSPCA's long-time accountant suffered a stroke a few years back.

"The accountant came back to work after illness and promised the work would be done. It wasn't," Stanton said. "Not an excuse. It was a mistake and should not have happened."

Stanton said the NJSPCA informed the public and donors when the IRS revoked its 501(c)(3) status, and "we worked with the IRS to make it right." He said the IRS has since reinstated the NJSPCA's 501(c)(3) status retroactively.

Shatkin blamed the legal fees on the Legislature's own mandate to the NJSPCA.

"The NJSPCA is in fact a public law enforcement agency and the Attorney General’s Office has denied multiple requests to assign a Deputy Attorney General," Shatkin said. "With no state funding and no in-house legal counsel assigned by the State, the NJSPCA had no choice but to retain outside counsel."

He said most of the litigation was the result of the state insisting the NJSPCA holding its county charters responsible for compliance.

Shatkin also called the Open Public Records requests a burden because the organization does not have office secretaries, so OPRA requests must be fulfilled by SPCA agents.

SCI also questioned the relationships of board members who worked for organizations that benefited from the NJSPCA, from promotional printing to lobbying for the continued existence of the organization in Trenton.

Shatkin said the SCI's recommendation to disband the organization has always been its goal and criticized the state for providing no support to the NJSPCA despite multiple requests for help, funding and other assistance.

"Oversight is something we have been requesting and we would welcome it with open arms," Shatkin said in his testimony before the Assembly. "Instead of constantly calling for our demise, look for ways to help us fulfill title 4’s mandate. Instead of throwing roadblocks up at every twist and turn, extend a helping hand to ease our burden, which will allow us to alleviate the needless suffering of even more animals in the state."

His words clearly did not deter lawmakers, who moved forward with the bill disbanding the organization.

The SCI report is here.

Photo by Karen Wall, Patch staff