Stu Could Die July 23, 2009 — Let’s Help Him Live!

By isak, June 30, 2009

from Jeff de la Rosa

What?! That’s right. The only thing keeping Stu alive right now is that the Court decision does not become final for 30 days after the ruling. The ruling was issued June 23, 2009–ONE DAY after Board President Tariq Khero and City Attorney Dov Lesel assured the public that there would be NO COURT DECISION for several weeks… at least. Let’s listen, shall we?
(audio clip).

THE DEPARTMENT OF ANIMAL SERVICES CAN KILL STU ON JULY 23
AND THERE IS NOTHING TO STOP THEM — EXCEPT YOU!
.

The Board first took up the matter of revisiting Stu’s case and his horrible care in the pound in May 2007. Several attempts were made by the Board to place the issue of Stu on the Board’s agenda. All of them were blocked by Ed Boks and Linda Barth. Finally, after 3 months, the Board voted on August 27, 2007 to move Stu from the pound to Bobby Dorafshar’s K9s Only facility for the duration of the legal proceedings.

Then we went through 2 years of Court proceedings and brief-writing, etc., etc. City Attorney Todd Leung lied to the Court in his briefs and blocked any attempt to allow the truth into the case.

So, here we are. The City had been successful in keeping the truth that Stu did not receive a fair hearing out of the Courts. Saving Stu and sending him home is now in the hands of the City government. Here’s what has to happen:

  1. The Board must call and hold a Special Meeting before July 13, which is the next regular Board meeting.The president may call the meeting or 3 Commissioners may call the meeting. As of this writing, no one has called a meeting. At this meeting, which is not scheduled, the Board must discuss the recommendation which they will make, in writing, to Council and the Mayor.
  2. At the regular meeting on July 13, the Board must vote to send the recommendation to Council. Council will either refer the matter to the Public Safety Committee or the PS Committee may waive consideration and refer the matter back to the full Council. The City Attorney will advise Council on what powers they have to Save Stu and send him home. Because of the red tape that a recommendation will encounter, the Board must also vote to stay the order to kill Stu for 60 days to allow the matter to work its way through the bureaucracy.
  3. If the Council votes to make a recommendation to the Mayor, then the Mayor will decide upon the recommendation.

Meanwhile, Board members AND THE PUBLIC may lobby Council members in favor of the recommendation. City Attorney Dov Lesel told them this on June 22, 2009 — that they may contact Councilmembers as individuals or as a Board.

Here’s what’s happened so far:
Members of the public, and myself, have urged the Board to hold a Special Meeting. The president, Tariq Khero OR 3 Commissioners may call a meeting with 24 hours notice. The Brown Act does not prohibit Commissioners from discussing the setting of a Special Meeting.

Here’s what the Board has done: NOTHING.

Here’s what you can do:

  • Demand that a Special Meeting of the Board be called before July 13.
  • Email or preferably FAX your demand that the Board call and hold a Special Meeting before July 13.
  1. FAX the Board 213-482-9511. On your Fax COVER SHEET, direct the Board Secretary to forward your fax to ALL Boardmembers IMMEDIATELY.
  2. FAX Board president Tariq Khero at his office:
    Nasatir, Hirsch, Podberesky & Genego,PLC
    FAX: 310-392-9209
  3. Call Tariq Khero at his office
  4. Email all Boardmembers and REQUEST A REPLY:
    tariqkhero@gmail.com, ninekitties@aol.com, ireneponce@earthlink.net, secundar@unitedtalent.com, ajq1trq2@aol.com
  5. CC Jeff on your emails: stu.911@gmail.com
  6. Flood Animal Services’ phones with calls demanding a meeting of the Board:
    213-482-9506 | 213-482-9501 | 213-482-9505 | 213-482-9504

Jeff's Open Letter to the Los Angeles City Council to Save His Dog, Stu. »
………………………………………………………………………..
reprinted from LA Animal Services Board Watch blog


Behind Bars- Stu de la RosaWhen an issue is presented to Council for action, Council President refers the issue to the appropriate Committee for review and recommendation. The Public Safety Committee oversees the Department of Animals Services. I started there.

City Council Website Directory
Council Officers/Committee Assignments
Council Calendar

June 23, 2009

City Council
Public Safety Committee
City of Los Angeles
c/o City Clerk, Room 395
City Hall, 200 North Spring Street
Los Angeles, CA 90012-4801

Dear Councilmembers Weiss, Zine, Parks, Smith and Reyes,

[Here’s] a link to Kate Woodviolet’s Examiner.com follow-up story on my dog, Stu, his 4-year-old case and the evidence of malfeasance and obstruction on the part of certain employees within the Department of Animal Services. Please be aware, that only 10 days prior to the oral arguments in the Court of Appeals, the City Attorney’s office sent me the attached draft settlement offer (and opposed my request for a continuance in the Court so that I might discuss the offer further) with full knowledge that no consummation of this proposed settlement could be expected in time for the City Council to approve it, before the Court ruled.

These are not coincidences and let me assure you, there have been no coincidences in this case. Ever. This case is one of the last vestiges of the inept and embarrassing tenure of Ed Boks. The only thing left to clean-up (that I know of ) of the mess Mr. Boks made of this Department will be the lawsuit I must file against him and others for these despicable acts. We are about to welcome back to our City legal system what is promised to be a new era of integrity, so says Mr. Trutanich. I hereby give you an opportunity to usher that era in with my dog, Stu in tow.

I beseech you to consider compassionately what I hope will be a forthcoming recommendation from the Board of Animal Services Commissioners to your Public Safety Committee or to the full Council, which will , as I understand the intent of the Board, attempt to preserve the integrity of the Administrative Hearing process, the Department, the Board and the City of Los Angeles by setting aside the previous ill-founded decision to declare Stu to be dangerous and order his destruction. The Board, which you have entrusted to make these decisions is unified on this issue as are thousands of people from our City and around the world: the consensus is to send Stu, a non-dangerous animal home to live out his remaining last couple of years. He was 6 years old when he was first impounded. He is now at least 10 (or 70 in human years).

The Court of Appeals could not remedy this injustice as there was a defective record before them and only myself, a non-lawyer, presenting it to them. However, although the Court has failed to right this horrible injustice , because it was confined to the incomplete record of the case, your Committee and your Council are not so constrained. Please find the time and the attention which this most deserving matter requires.

Thank you,
Jeff de la Rosa
Council District 13

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