December 2011

Governor Jack Markell

Secretary Edward Kee, Dept. of Agriculture
New Castle County Council
Kent County Levy Court Commissioners
The Delaware State News
The Dover Post

Attorney General Beau Biden

Members of the DE General Assembly
New Castle County Auditor
Sussex County Council
The News Journal
Cape Gazette

FIRST, PLEASE note, this correspondence is NOT about euthanasia. While those of us party to
this letter would love to believe that all animals will find a home and that someday they can all be
saved, we recognize that there is no such thing as a completely no-kill shelter it is a matter of
statistics. We are also aware that Murrey Goldthwaite, the KCSPCA and DEACC Executive
Director, has resigned, and Kevin Usilton has been hired in his place. However, our concerns and
complaints cover a number of issues. Also, Mr. Goldthwaites tenure was a long one, and we feel
many of these issues will remain unless investigated. We also feel that the KCSPCA Board has not
been responsive to concerns expressed regarding their search for a new executive director and
that there are questions as to the Boards actions and bylaws.
WE HOPE that this letter and its attachments will be the catalyst for a thorough and impartial
investigation of the KCSPCA and DEACC, including a financial and animal care records audit.
AND TO PREVENT FUTURE ISSUES, we ask that a panel or professional board be created to
provide a place for the citizens of Delaware to make complaints about the actions or inactions
of Delaware shelters and animal control personnel.
For years there have been complaints concerning the KCSPCA and DEACC (Delaware Animal
Care and Control). These complaints range from problems with leadership (Board of Directors
and Executive Director Murrey Goldthwaite), conditions at the shelter, procedures of DEACC
officers, to missing drugs and misuse of funds. However, there is no one to complain to about these
issues. It is not only KCSPCA leadership that is part of the problem. The Department of
Agriculture is tasked with oversight of Delawares laws regarding shelters and animals. It is well
known that Mrs. Goldthwaite works for the Department under Dr. Hirst, the State Veterinarian.
Secretary Kee has been informed, in writing, of this conflict of interest, and has not responded.
No one else will take responsibility even though this organization is regulated by legislation,
given enforcement authority by legislation, receives public monies for operation, and is contracted
by all three counties to provide services including code enforcement.
With Delawares comprehensive new shelter bill (CAPA), individuals have come forward,
believing that since law regulates the shelter, something will be done to address complaints. And
as people come forward to complain about shelter conditions and procedures, others have stepped
forward with concerns regarding the organizations leadership and finances, and with stories of
DEACC officers actions and lack of accountability. These complaints have been made to the
Governors Office, the Attorney Generals Office, Secretary Kee, various legislators, Kent County
Levy Court Commissioners and other county administrators. And still nothing happens

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NOT ONLY ARE PEOPLE COMING FORWARD, many are willing to put their names to their
stories. There are many more who are afraid to come forward, including KCSPCA staff and
rescue groups, because Mr. Goldthwaite, members of the Board and DEACC personnel are
known to retaliate.
Canine Nations letter to Secretary Kee of June 2011, expressed their dissatisfaction with the
investigation (and obvious conflict of interest) into the euthanization of Neo. To our knowledge,
there has been no response from the Department of Agriculture. Mrs. Carol Furr (formerly on
the KCSPCA Board) met with Senator Patricia Blevins and Jennifer Ranji (Governors office) to
discuss their concerns of conditions and procedures at the shelter (that were in clear violation of
CAPA). The meeting was on October 25, 2011; Senator Blevins contacted Mrs. Furr on December
11 to say that she hoped to be meeting with Secretary Kee soon. Mrs. Furr also sent a letter
directly to Secretary Kee with her story, including before and after pictures of the dog in question
and a veterinarians report. There has been no response. Mrs. Lynn Nellius, another former
Board member and Treasurer of the KCSPCA, spent her tenure attempting to bring order to the
finances, including following the recommendations of two (2) separate auditors reports. She even
talked to Mr.Thomas Wagner, State Auditor, about her concerns. This conversation took place in
2009; she never heard from Mr. Wagner again. Ms. Eileen Adams contacted the Attorney
Generals office on November 17, 2011 via phone and e-mail. She was contacted via e-mail by
Anthony Davolos, who asked her if she would come in to his office IF he needed a formal
statement. Kent County Levy Court Commissioner Jody Sweeney who DOES respond when
contacted about the KCSPCA requested information from the KCSPCA concerning dog
incidents and financial information. He was ignored. He also sent an e-mail to the Board of
Directors concerning the search for Mr.Goldthwaites replacement, and again, received no
response. Ms. Furr and Ms. Adams have photos, witnesses and paperwork to document their
complaints. Complaints concerning the behavior of DEACC officers are posted at No-Kill
Delaware, a Pit Bull chat room, and various other internet sites. Type in KCSPCA Complaints.
WHY ARE THESE VIOLATIONS BEING IGNORED? WHY IS THIS ORGANIZATION AND ITS
DIRECTOR ABOVE THE LAW?
What follows is summary of reported issues, broken out by category. Details and additional
reports are attached.
WE RESPECTFULLY ASK THAT YOU TAKE THE TIME TO READ THESE DOCUMENTS.
Jody Sweeney, Kent County Levy Court Commissioner
Carol Furr (former KCSPCA Board Member)
Patrica Foltz (former KCSPCA Board Member)
Lynn Nellius, LVT (former KCSPCA Board member and Treasurer)
Catherine Samardza
Eileen Adams
Velvet Sponaugle
Sherene Lindo
Bobbie Swain
(signature page separate)

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SUMMARY OF CONCERNS AND VIOLATIONS

A. BOARD MEMBERS, EXECUTIVE DIRECTOR AND STAFF ALL CAUGHT IN LIES

Multiple, credible reports documented and/or witnessed of lies by a number of those

representing or managing the agency. Examples:
a) Board president Alex Moore telling Board members that Mrs. Carol Furr was dismissed
from the Board for stealing a dog from the shelter. Mrs. Furr has her adoption papers,
this story has only surfaced 2 months after her dismissal, and that dismissal was not done in
accordance with the organizations bylaws.
b) Mr. Goldthwaite told KCLC Commissioner Jody Sweeney that a constituent would be
charged with one count of dog-at-large. In fact, a warrant for her arrest was sworn out for
multiple dog-at-large charges that were never served to her.
c) Mr. Goldthwaite assuring legislators and county administrators that the KCSPCA follows
CAPA guidelines for vaccinating animals. He has also told Board members that it is more
dangerous to vaccinate than to risk illness, and then that he does not have enough drugs to
vaccinate. He has also asserted that the guidelines dont apply to animals impounded by
DEACC. So, which story is the real one?
d) Shelter statistics posted on the website do not add up correctly.
e) Far too many reports of pets killed immediately when impounded as stray. Distraught
owners tell of being told multiple stories about the same animal, including the statement
that the animal was sick (despite regular veterinary care that could prove otherwise) or
could not be identified (despite microchips or collars), or had been held past the required
time (most complainants challenge that) . In one publicized case, Mr. Goldthwaite said that
it was because the dog was a pit bull and that was one strike against her. (This is also a
CAPA issue, due to required hold times.)

B. ANIMAL CONTROL OFFICERS and TITLE 9 MISUSE AND ABUSE OF POWER,

INTIMIDATION

Multiple, credible reports of Animal Control Officers intimidating pet owners to gain access to
their homes, using intimidating physical and verbal language, and exaggerated claims (We
have a report that you have a hundred animals in there).

Multiple, credible reports of Animal Control Officers threatening to impound or euthanize

animals for violations that carry a fine but allow for remedy (i.e., rabies vaccination, license,
kennels).

Credible reports of ACOs harrassing individuals based on complaints from neighbors who
are believed to have personal or professional relationships with the ACOs.

Failure of DEACC officers to tell a pet owner that the owner must request a Dog Control Panel
Hearing (in writing) and that they have the right to do that AT ANY TIME after a dog has

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been impounded for aggressive behavior. The paperwork in at least one case stated that the
dog was seized for the DDP (Dangerous Dog Panel, which is what DEACC officers call the
DCP), with the implication that DEACC would convene the Panel.

The DEACC Captain making statements such as you have to agree (to Title 9 stipulations
admitting your dog is dangerous) or you wont get your dog back and a panel WILL find this
dog potentially dangerous.

The DE Code appears to allow a contractual animal control agency to seize an animal after two
(2) reports of aggressive behavior* in a 12-month period without investigation and
verification of those reports BEFORE impounding the animal and after your dog is in
custody, no reasonable period of time is set for them to finish those investigations. THEY
ALSO DO NOT INFORM YOU that they have a financial interest in declaring your dog
dangerous - eventually since they can then charge you kennel fees for keeping him.
*aggressive behavior can include running towards a person with intent to attack- and is
obviously open to interpretation. So your dog running to a neighbor and jumping on them can
and will be described as aggressive behavior and can lead to impoundment.

Lack of available information on the members and procedures of the Dog Control Panel, and
conflicting information from a former chair of the Panel and DEACCs Captain on who,
exactly, determines a dog is dangerous (he says DEACC does, the former Chair says thats the
Panels authority).

DEACC personnel using a police statute to save up reports of dog-at-large and then swear
out a warrant for a pet owners arrest for multiple citations that may not have been issued. Not
only are ACOs NOT police officers, this is like never receiving a traffic ticket and being arrested
for not paying the fines.

C. CAPA CONCERNS:

Credible reports that conditions of facility and animals, and the treatment of animals are less
than sanitary and humane. Over-crowding aside, the way that kennels (and dogs) are cleaned,
pop up cages not cleaned, and dogs are denied exercise and simple comfort such as blankets
and toys is not humane or compassionate

CAPA calls for the animals to be seen by a veterinarian and vaccinated (for kennel cough,
feline distemper and/or rabies) within a set time. Based on the observations of Mrs. Furr and
her companions, and the experience of individuals whose dogs have been impounded, as well as
the outbreaks of kennel cough and feline distemper, this is not being done.

There are FAR TOO MANY reports of animals impounded and euthanized before their owners
could claim them well within the period animals are to be held. This is always rationalized as
either the animal was sick (despite the owners statements to the contrary), or it was an
accident. How many times does this have to happen before it is recognized as a pattern of
carelessness and disregard for the law? There is at least one law suit being brought against the
KCSPCA for this violation.

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D.

There are also reports of good samaritans who have turned in animals, saying THEY would
adopt the animal if a home could not be found and finding out a very short time later that the
animal had been killed.

Reports of evaluation reports being changed only so that an animal may be euthanized not for
a valid medical reason.

Report from another shelter that dogs sent to them evaluated as aggressive and listed to be
killed were, in fact, unwell and needed medical treatment.

Report that kennels in the shelter share a wall with the crematorium, causing excessive heat in
those kennels.

RETALIATION/INTIMIDATION/HARRASSMENT OF BOARD MEMBERS AND PET

OWNERS

Mrs. Furr believes that her dismissal from the Board was retaliation for asking questions about
conditions at the shelter and treatment of the animals. She believes a story about her stealing
a dog from the shelter (she has adoption paperwork) is being circulated to undermine her
credibility.

Ms. Sherene Lindo believes the warrant for her arrest was issued in retaliation for her refusal
to allow DEACC Captain Whipple declare her dog dangerous.

Ms. Lindo and Ms. Bobbie Swain both believe they have been and continue to be harrassed
(over a period of years) by DEACC officers because of neighbors who have personal or
professional relationships with DEACC staff.

Multiple reports of ACOs using physical and verbal intimidation to enter homes and to
impound animals.

E. VETERINARY DRUGS CONTROLLED SUBSTANCE ISSUES

Please see the attached statements from Mrs. Lynn Nellius, former Board member and Treasurer, and
Pam Derrickson, office manager of the Delmarva Animal Emergency Center. Both drugs, Ketamine
and Buprenophine, are controlled substances.
F. BOARD AND EXECUTIVE DIRECTOR FISCAL IRRESPONSIBILITY/MISUSE OF FUNDS
Please see Mrs. Nellius statement.

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G. FOIA/BOARD & BYLAW ISSUES/CONCERNS:

The KCSPCA and DEACC are federally recognized non-profit organization, receive public monies,
and are explicitly given enforcement responsibilities through both legislation and contractual
obligations. The organizations are therefore subject to FOIA and whistle blower laws. This brings
up questions concerning their bylaws and how the Board operates.

Mrs. Furr was dismissed from the Board without notice. Board President Alex Moore
referenced an executive committee meeting, and said they didnt need to put the dismissal to a
vote or give her written notice (as required in bylaws) because she was on probation.
a) While an initial, one-year term in mentioned in the bylaws, there is no mention of
probation.
b) There is no indication that the executive committee meeting was noticed, as required by
FOIA.

Other Board/Bylaw concerns that the KCSPCA has a Board of Directors that is not functioning
in a professional, responsible or FOIA compliant manner:
a) Potential Board members are required to make a $500.00 donation to become a board
member. This kind of financial requirement can make it difficult to recruit members
who may have something to offer besides money. (bylaws of similar organizations only
require a potential board member to be a member in good standing.)
b) The Bylaws include a section calling for complete confidentiality on all issues (not just
personnel and animal control investigations) on the part of Board members, with a
penalty of immediate dismissal for infractions. In fact, Mrs. Furr reports that Board
members were told they could not even make comments about the organization in
Board meetings especially negative ones without submitting it to Board President
Alex Moore a week in advance and in writing. While the section does have a line that
says it does not include reporting criminal activity to law enforcement, it does come
back to the question asked in our cover letter: who do you report the KCSPCA and
DEACC violations to?
Does the prohibition cover legislators and county
administrators? The Governors Office? And why is such secrecy needed by an
organiztion that is supposed to serve the public?
c) Board members are publicly and privately ridiculed and reprimanded for asking
questions at meetings or for visiting the facility by Board officers and Mr.
Goldthwaite. Yet legally, and according to the bylaws, they are taking on the
responsibility of managing the organization. (Another Delaware shelter contacted does
not prohibit their Board members from visiting the facilities and in fact encourages it.)
d) KCSPCA staff are instructed not to talk to Board members. (Another shelter contacted
has said that while they prefer questions to come through channels both from and to
staff they do not prohibit staff and Board members from speaking to one another.)

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H. ALLEGED VIOLATIONS
We consider the following allegations credible, and the identities of those reporting them are known to
us. Unfortunately, they are afraid to come forward publicly.

A staff member found Mr. Goldthwaite changing evaluation reports in the computer.* When
confronted, Mr. Goldthwaite offered him a raise and told him he would be able to work from
home. The staff member accepted this offer.

This same staff member has been reported as harrassing female staff members, including
changing the first Interim Directors computer password to Bitch.

Reports (separate from the one listed above) that Mr. Goldthwaite either changes or allows
changes to both animal evaluations and animal control reports.*

In 2010, a staff member announced that she could no longer work at the shelter and was going
to quit and report the problems. Mr. Goldthwaite followed her out to the parking lot. When
they returned, the employee had a salary increase.

Reports of staff testing positive for drugs including Animal Control Officers. (While we dont
know if there is a Zero Tolerance policy in effect, ACOs carry metal batons as weapons, so
this is a concern.)

Suspicion that Mr. Goldthwaites business, Indian Branch Drafts, uses horses that were turned
in to or impounded by KCSPCA/DEACC and transferred to him without the appropriate
paperwork or financial donation made. At least one horse, Fancy Pants, is definitely from the
KCSPCA, and advertised as such on the Indian Branch Drafts website.

Mr. Goldthwaite and his wife have both been seen taking boxes of files away from the facility.

*AND FINALLY, REGARDING CHANGING REPORTS, A QUESTION:

WHY USE A COMPUTER SYSTEM THAT ALLOWS EDITS TO REPORTS W/O
DOCUMENTING THAT CHANGES WERE MADE AND NO RETENTION OF THE ORIGINAL
REPORT?
This paperwork is used to document compliance with laws and in enforcement and legal
proceedings (court, insurance). It should not be vulnerable to tampering. Ms. Lindo believes that
the report her insurance company received from DEACC differs from the one she was given,
leading to the cancellation of her home insurance.

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ATTACHED DOCUMENTS
Statement from Carol Furr
e-mails with KCSPCA Board President
Letter to Secretary Kee, DE Dept. of Agriculture
photos of shelter and dogs
A vets report on Joey is available on request
Statement from Lynn Nellius
E-mail to Executive Board
Statement from Pam Derrickson, Office Manager, Delmarva Emergency Animal Center
Statement from Sherene Lindo regarding Hemis impound and arrest warrant
E-mails from Jody Sweeney to Murrey Goldthwaite
Intake paperwork
Letters to Murrey Goldthwaite
Arrest warrant and affadavit
Mr. Greenes warrant and Ms. Lindos response to the affadavit charges
are available on request
Statement from Bobbie Swain
Letter from Canine Nation regarding Neo to Secretary Kee, Dept. of Agriculture
Statement of David and Krista Lawson
NO-KILL DE letter to all Delaware legislators
Complaints and letters posted on internet sites
Pit Bull Chat Room
No-Kill Delaware
Eileen Adams & Cody
e-mail to Attorney General and other correspondence
Similar story posted in response to Eileen Adams
Repost from Craigs List, another story similar to Eileen Adams
WMDT report Pit Bull euthanized for no reason
NO-KILL DE correspondence with Murrey Goldthwaite shelter law
does not apply to Animal Control (DEACC)
Max the Boxer euthanized despite willing adopter
- News Article
- Letter to KCSPCA from Sara LeBright
Great Pyranees Blog Rescue group not given chance to save dog
No-Kill Network post - Carol Torreys complaint microchipped dog killed
E-mails from a rescue group representative
We have other credible complaints that we were unable to include, even anonymously, because the
individuals were afraid that the details would identify them and lead to retaliation. The complaints
involved Animal Control Officers.