Council reviews complaints about animal control

Issues and complaints with the city’s contracted dog control service have once again reared their heads and this time, city officialsagreed to put the service on notice that they plan to bid the contract for animal control services this summer.

The latest public complaint came during a regular El Dorado City Council meeting on April 14 and sparked a lengthy discussion.

Audience member and local pastor LaDebra Van Hook raised concerns about “animal control or non-control” in Ward 1.

“We have dogs. I’ve called and several people in the neighborhood have called and they can’t do anything, he can’t do anything, except he goes to (35th Judicial District Court), except he passes out a citation,” Van Hook said.

The “he” to which Van Hook referred is Charles Hartsell (Union County Animal Control), who has served as the city’s animal control officer since 2012, via a contract for services.

Van Hook said rottweilers and pit bulls roam certain streets in Ward 1, adding there have been instances in which the dogs have chased children and she opened the doors of her church — New Jerusalem Christian Ministry, 1400 N. Gray, in Ward 1 — to allow children to run inside to escape the dogs.

“My biggest concern is the children. There a lot of children in that neighborhood,” Van Hook said.

Numerous complaints

For several years, Council Member Willie McGhee has questioned the city’s ACO contract and the services that are rendered by Hartsell, saying that he has received numerous complaints from local residents about alleged, antagonistic encounters with the ACO.

In 2021, McGhee, who himself has had several public clashes with Hartsell, pressed the city to renegotiate its contract for services or send out requests for proposals (RFPs.)

He said then that the council should shop around for and allow other viable can

didates the opportunity to bid for the service.

Prior to 2012, the city’s animal control service had been in-house but after the position was vacated due to a termination in August of 2011, then-Mayor Frank Hash — who was less than a year into the first of two, successive terms — said a multi-week search had not yielded any good fits for the job.

In the interim, the city relied on Hartsell’s former pest control business and local animal care organizations to help manage its animal control operations.

Hartsell subsequently presented a proposal to the city for an annual contract for services.

The proposal was approved during 2012 city budget preparations, which were hammered out in the fall of 2011, and the contract went into effect in January of 2012.

Hartsell has maintained the contract since then and McGhee has regularly raised concerns about the now $70,000 agreement, for which the city pays out payments of $5,833.33 each month, not to exceed $70,000 per year.

McGhee has also pointed to changes in animal control services that were implemented when Hartsell was awarded the contract, saying that some the changes do not best serve local residents.

He reiterated those concerns on April 14 in response to Van Hook’s grievances.

For instance, McGhee said many residents are still not aware that the city’s contract with Hartsell pertains only to dogs and residents have been asked to pay a fee for calls regarding animals other than dogs.

He also said that when the city’s animal control service operated in-house, ACOs worked base hours of 8 a.m. until 5 p.m., Monday - Friday, and were on call 24 hours a day, seven days a week.

Under the contract for services with Union County Animal Control, dog control services “shall be provided on a regular eight-hour workday basis, five days a week, excluding regular, federal holidays.”

The contract allots the use a city-owned vehicle, as provided by the contract, exclusively for dog control services within the city.

Hartsell previously used a city-owned pickup truck until recurring mechanical issues rendered the truck inoperable.

Council Member Judy Ward previously said that Hartsell uses a private vehicle for his work with the city and the $70,000 also covers part-time help.

In 2018, Hartsell told the News-Times that he worked with his daughter Stephanie to serve communities with which he is contracted in Union and Calhoun counties.

On April 14, McGhee referred to Ward’s past comments, saying, “Mrs. Ward said part of it goes to his staff, so if he can’t come out, looks like some of his staff ought to be able to come out.”

Ward has also said that Hartsell responds to animal control calls after hours and that she has not experienced any negative interactions with Hartsell, as has been reported by some residents in the city.

Hartsell has told council members that call-outs are often emotionally-charged and pose safety risks, adding that many times, he has been met with hostility from dog owners.

Some calls pertain to dog-fighting and he has worked with the El Dorado Police Department on several occasions to break up dog-fighting operations.

McGhee said the council does not receive detailed, monthly reports from Hartsell about ACO operations, as required by the contract.

“We don’t know what his schedule is, when he patrols, where he is. Nobody sees him. He’s supposed to be in a vehicle that we can recognize,” McGhee said.

Hartsell and Hash previously said he submits the reports to the mayor’s office.

“Accountability”

On April 14, Council Member Avo Vartenian asked if anyone had had spoken directly to Hartsell about issues and complaints with the city’s dog control service.

“Has anybody ever addressed the problem to him? Has he ever been in front of us to address problems or has anybody talked to him about his problems?” Vartenian inquired.

Over the years, Hartsell has occasionally appeared before the council with issues that he has encountered in the field and to address complaints.

McGhee noted there have been times when Hartsell did not appear before the council when asked or advised to.

“This guy needs to be held accountable … He has a line of (protection) that actually lets him run amok,” McGhee said.

“He has actually been smart to actually stay on the good side of those who actually keep him making money, city money, taxpayers’ dollars — money that everybody is not benefiting from and even taking advantage of our citizens and … we ought to be ashamed for us allowing that to go on,” he continued.

Council Member Mike Rice said that on a recent Saturday, he received six phone calls from neighbors with complaints about a dog.

He said they had contacted police and tried to call the dog control service.

“They finally got a hold of me and it was the same thing. He doesn’t work on weekends. The police … are not trained to fool with dogs,” Rice said. “It’s not their job and there are very few of them on patrol at one time and I’m not able to fix a vicious dog.”

Rice said city officials need to consider a fix for calls for service, particularly on weekends, saying, “That’s a long time for people to be scared and to feel unsafe in their neighborhood.”

He turned to EPD Chief Kenny Hickman, who said the EPD previously called the animal control officer about reports of vicious dogs and he would promptly respond. A past city ACO was a former EPD officer.

“You’re right, when you have a vicious dog, our, really, only training and response is to dispatch the dog and that’s something you don’t want to do if you have an option,” Hickman said.

Mayor Veronica SmithCreer noted that the ACO falls under the umbrella of the Department of Public Works and calls should be directed to the DPW office (870-863-4244) or to Hartsell (870-310-4245).

“So, we have an issue that seems like it’s not being addressed or it can’t be addressed and (Van Hook’s) biggest complaint here is that what she’s been told from the animal control person is that ultimately, there’s nothing he can do,” Smith-Creer said. “He goes to court and if nothing happens, nothing happens.”

City Attorney Henry Kinslow said he would speak with Van Hook about the matter.

Vartenian suggested that the city revise the contract for services when it comes up for renewal.

“It never comes up for renewal,” McGhee interjected.

During discussions about the matter in June of 2021, Council Member Vance Williamson, who also serves as chairman of the Finance Committee, said the annual contract expires in August.

Echoing statements she has made before, Smith-Creer said she has not signed a contract for services with Hartsell since taking office in 2019.

“I hate to say it but the buck stops with us. If we employ him, we should provide a better service,” Vartenian said.

McGhee also suggested that the city bring the animal control service back inhouse, hire a two-man team and train them for the job.

“Put him on notice”

Council Member Paul Choate asked when the contract comes up for renewal and Robert Edmonds, director of public works, said he thinks the contract comes with a five-year term that evergreens each year.

“We can do an RFP the first of July,” Edmonds said.

McGhee reiterated his call to send out RFPs, reminding council members that the contract contains a clause that allows either the city or Hartsell to pull out of the deal with a 30-day notice.

Choate stepped back into the conversation, saying that he had not finished his own statements and he advised against cutting ties with the existing animal control service until the council figures out its next steps toward solving “a perceived problem.”

“Let’s not stop one thing until we have a solution to replace it,” Choate said.

He directed Edmonds to notify Hartsell that the ACO contract will be put up for bid by July 1.