State inspection of Niagara SPCA finds lack of veterinary records and violations of regulations

Local News

January 10, 2012

By Rick Pfeiffer Niagara Gazette The Niagara Gazette Tue Jan 10, 2012, 10:41 PM EST

NIAGARA FALLS — A surprise inspection of the SPCA of Niagara shelter by investigators from the New York State Department of Agriculture and Markets has turned up troubling new evidence in support of claims of over euthanization and maltreatment of animals there.

The inspection was conducted on Friday after the Department of Agriculture and Markets received a complaint about conditions and the treatment of animals brought to the Lockport Road shelter.

A copy of the investigators report, obtained by the Gazette, shows they looked at 19 aspects of the shelter’s operations. Many of them were routine and not connected to the charges swirling around SPCA Executive Director John Faso.

Faso was present with the state investigators as they inspected the SPCA facility.

On matters relating to claims made by whistleblowers at the shelter, the Agriculture and Markets investigators confirm some of their charges. Former employees and volunteers at the shelter have told the Gazette that Faso routinely authorized the euthanization of animals before a state mandated five day “redemption period” expired.

The investigators wrote “no” in response to a question on the summary report that asked: “Redemption period is observed before adoption, euthanasia or transfer?”

In explaining their conclusion, the state investigators said, “Three sick or injured dogs were euthanized prior to the end of the redemption period. There was no record of a veterinarian’s examination on the file stating that the dogs could not be made comfortable during the redemption period and euthanasia was warranted.”

The report also notes, in response to a question of whether “Veterinary care is provided when necessary?” that “SPCA staff works under the direction of Dr. Gerber.”

Sources confirm to the Gazette that “Dr. Gerber” is Dr. William Gerber, a member of the SPCA of Niagara Board of Directors and the owner of Gerber Small Animal Hospital on Military Road in the Falls.

However, the report says “The (new) veterinary technician (at the shelter) and office staff were unable to locate (veterinarian) treatment records form 2011.”

The report indicates that state investigators recommended changes to “streamline” the shelter’s records of intake and disposition for all seized dogs.

A statement released by the SPCA claims the redemption period violations “pertain to incomplete paperwork.” There was no explanation for the lack of veterinary treatment records.

A call made to an SPCA spokesman Tuesday night was not immediately returned.

While the report gave the shelter passing grades for things such as the “shelter is structurally sound” and “light is sufficient for observation,” it also pointed out repairs that need to made to dog runs there.

The report did not address issues involving cats or other animals at the shelter because they are not licensed by the Department of Agriculture and Markets. Dogs in New York state must be licensed with the department.

In a written statement, Faso said the information in the report would be sent to the Erie County SPCA, which is currently conducting an independent investigation of the Niagara County operation.

“We thank the New York State Department of Agriculture for their independent and surprise inspection,” Faso said in the statement. “We will be open, honest and transparent when it comes to communicating with the community about the quality of care we provide animals in Niagara County. That is why we are sharing this information with the public.”

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