The Daily Tarheel July 1, 2004 APS lawsuit debate nears resolution by Joseph R. Schwartz City Editor July 01, 2004 After months of legal wrangling, the ugly public lawsuit and countersuit between the Animal Protection Society of Orange County and two of its most steadfast critics has but one hurdle remaining. The ongoing fallout between Elliot Cramer and Judith Reitman and APS began two years ago with claims that the organization withheld financial documents and changed by-laws illegally to prevent those who are not board members from voting in board elections. The APS countered with accusations that Cramer and Reitman were guilty of defamation, slander and libel. The trial on those grounds was slated to go before a judge Monday, but last Friday, APS officials decided to withdraw their suit. Still, the critics' lawyer, Barry Nakell, said he will file a Rule 11 motion next week in an attempt to force APS officials to pay for the legal bills incurred due to the counterclaim. Nakell said the measure is a means of protecting free speech. "We should not let people get away with suing people who make statements that are protected by the First Amendment," he said. "The way to protect against this is to require the folks who bring those frivolous suits to pay the attorney costs." He warned that if the legal costs are not paid for by APS, other local entities will take it as a cue to sue anyone who criticizes their activities. Then the plaintiff could drop the suit and force detractors to spend a great deal of time and money, he said. Nakell also noted that the effort to collect from APS is aimed at selected officials who were reluctant to dismiss the claims. He said that includes former APS Director Laura Walters, who resigned in October amid a wave of allegations. "Their attorney (Ron Merritt) had told me that all of them except Laura Walters had decided to dismiss on Wednesday," he said. Merritt could not be reached for comment. All this comes on the heels of APS' mandated July 1 handover of the Orange County Animal Shelter to the county. The handover resulted from a study of shelter operations authorized by the Orange County Board of Commissioners, conducted by the Humane Society of the United States and spawned by Cramer and Reitman's suit. The study returned three options, and the board decided April 20 that a county department or bureau overseen by the county manager and commissioners would take the helm. In October, Judge Ronald Stephens ruled that APS was obligated to release its financial records and correspondence to Cramer and Reitman. Both sides then filed for a summary judgement on several charges. Judge John Jolly Jr. ruled on several of those summary judgements, throwing out Cramer and Reitman's charge of breach of fiduciary duty. Jolly also threw out APS's charge of defamation, which leaves only the slander and libel charges. Contact the City Editor at citydesk@unc.edu. ________________________________________________________________ Chapel Hill Herald July 2, 2004 Orange County now operating shelter BY GEOFFREY GRAYBEAL : The Herald-Sun CHAPEL HILL -- Whether she knows it or not, Moonshine made history Thursday. The year-old brindle cattle mix formerly known as Tippy was one of the first animals to be adopted from the county-owned Orange County Animal Shelter. Orange County assumed control of the shelter, located off Airport Road, for the first time Thursday. Two years of public controversy over the Animal Protection Society's management prompted the county commissioners' decision earlier this year to no longer pay the nonprofit to manage the facility. Cedar Grove resident Emma Beckham knew the shelter was changing hands, but a shelter employee informed her it wouldn't prevent her from browsing for a pet. "She told us it wouldn't hinder us looking at the animals or adopting and it hasn't," Beckham said. Beckham brought her 11-year-old son Charles Treis, 7-year-old Julia and their father, Charlie, to shop for a new pet for Charles. Charles chose the cattle dog mix and named her Moonshine, but he was disappointed that he'd have to wait until Tuesday to pick up his new best friend. After they pick up Moonshine from the shelter, Beckham plans to take her to APS' new facility in Mebane for obedience training. Beckham, who adopted a cat from the shelter 20 years ago, said she enjoyed the open nature of the shelter, and how people are able to walk and spend time with an animal before adopting it. "I'm glad they're providing this service," she said. "Without them these animals would have nobody. I'm glad the county provides this service in some way." Beckham also said the management transition had little impact on customers like her. "I'm pleased they didn't shut anything down," she said. "We were able to come to the shelter while they're doing this transition. They're doing what they have to do but they kept the shelter open to the public. It's been kind of seamless from the customer side for me." The morning began positively as Assistant County Manager Gwen Harvey brought cookies -- in the shape of kittens and dogs -- for the shelter staff. By afternoon, the situation was harried but manageable, said shelter Director Joe Pulcinella. "We're hanging in there," he noted. "Knock on wood, it's been surprisingly few glitches although we've had a couple." Some new equipment arrived early, before the APS' old equipment was removed, while some new forms didn't arrive on time and the copier and fax machine arrived late. "Even though it's one day, it's a process that's going to take several days to move around," Pulcinella said. "It doesn't feel any different. One way or another, the animals still need to be fed and walked, the cages need to be cleaned." In addition to the hustle and bustle of change, about 15 youngsters roamed around the animal shelter as part of an ongoing children's summer camp that the shelter management didn't want to cancel because of the transition. Employees wore white stickers that listed their name, position and "Orange County Animal Shelter" -- temporary identifiers until the permanent county tags arrive. There were also other tangible signs of the transition, bare bookshelves and boxes and pulleys in the lobby. There were also other slip-ups as a result of routine. "Good afternoon, Animal Protection Society," the receptionist said, while answering the phone on one occasion. Other greetings from the receptionist included, "Orange County Animal Shelter" and "Good afternoon, Animal Pro-uhh-Orange County Animal Shelter." Chapel Hill resident Dvadnie Satterwhite was a first-time volunteer who on Thursday did her first day of shelter work. "It's been crazy today because nobody really knows what to do," she said. "Crazy is really all it's been -- people have been running back and forth and they've been moving stuff in and out." After cleaning cabinets and storage lockers and sweeping the floors, Satterwhite had run out of tasks. "There's really nothing to do unless you work here?" she asked a receptionist. For other employees, little was different with the county takeover. Like they do daily, Bradley Burnette and Andre Farrar cleaned the cat cages and helped move equipment. "Nothing's really changed," Burnette said. "We still have to do the same thing we did last year, what we do everyday." "It feels the same," Farrar said. ________________________________________________________________ Letters to the editor The Chapel Hill Herald Sunday, July 04, 2004 The snake couldn't wait On a recent Friday afternoon, I was startled to see an enormous snake sunning himself on my walkway, only three feet from the front door. Since I live alone and use a wheelchair, I knew that I could not handle the situation by myself. So I immediately phoned Animal Control, who has come to my rescue numerous times during the 40 years that I have resided in Chapel Hill. The lady who answered the phone informed me that they had no one on duty that day. When I expressed my surprise, in view of the fact that it was early afternoon on a weekday, I was asked to spell my name and was put on hold for several minutes. When she returned, I was simply told, "We do not work with animals outside the home." I watched the snake, still enjoying the afternoon sun, and asked him why he could not have waited until July 1 to pay me a visit? That is the date when the county takes over the administration of the Animal Shelter. It is my hope that my taxes will soon once again be subsidizing an organization that will take care of all animals, including those outside the confines of one's residence. After all, is that not where the majority of animals reside? Carla Shuford Chapel Hill ________________________________________________________________ The Herald-Sun Thursday, July 15, 2004 Bowser sues paper over story on letter Herald-Sun vows vigorous defense against charge of defamation BY JOHN STEVENSON jstevenson@heraldsun.com; 419-6643 County Commissioner joe bowser sued The Herald-Sun on Wednesday, claiming the newspaper published false and defamatory statements about him in May. bowser said the newspaper acted recklessly when it quoted a letter from Assistant Health Director Gayle Harris on May 21, in which she claimed that bowser attempted to pressure her into helping his friend Lois Murphy, a disgruntled county employee who alleged that she was mistreated by County Manager Mike Ruffin. "I can't comment on that," bowser said Wednesday when asked about the lawsuit. "I can't say anything until I talk to my lawyer. ... Not a word." His attorney, Charles Putterman, whose office is in Raleigh, could not be reached. The Herald-Sun's First Amendment counsel, John Bussian, and executive editor, William Hawkins, stood up for the newspaper's reporting on Wednesday and said the lawsuit will be defended vigorously. "What we reported is a description of what was contained in a letter that is itself a public document," Hawkins said. "Accordingly, that reporting is protected under the North Carolina and United States constitutions. The protection exists precisely to ensure the free flow of information about elected officials. We intend to defend this vigorously to preserve our right to report on the actions of government officials." bowser, who is president of the local NAACP chapter, told The Herald-Sun in May that he never talked about Murphy with Harris. He also alleged that there was a "conspiracy" against him. Murphy reportedly has requested transfers from various positions in county government, saying she had severe asthma that was exacerbated in certain jobs. But Ruffin was not convinced Murphy was ill, according to reports. In his lawsuit, bowser says The Herald-Sun implied that he was "guilty of the crime of using his influence as a public official" to help Murphy. He adds that the newspaper was "highly aware of its falsity" when it published the reports. In addition, bowser claims that the newspaper refused to issue an apology and retraction when asked to do so. The published reports, bowser alleges, subjected him to contempt and ridicule. His lawsuit seeks compensatory damages "in excess of $10,000," plus punitive damages in a like amount. He also wants the newspaper to pay his attorney fees. But Bussian, the newspaper's lawyer, said the lawsuit "attacks reporting on the conduct of elected officials, which lies at the heart of the First Amendment. This lawsuit is baseless." Comment: The First Amendment seems to be under general attack in the Triangle. ________________________________________________________________ Note: see comment below News & Observer July 15, 2004 Durham paper in lawsuit Author: Michael Biesecker DURHAM -- Joe Bowser, the vice chairman of the Durham County Board of Commissioners, has sued the company that owns The Herald-Sun, accusing the newspaper of publishing a "false and defamatory" statement. In a suit filed Wednesday in Durham Superior Court, Bowser objects to a May 21 article published under the headline "Letter accuses commissioner of shady acts." The story is about a letter from a county official describing an April 2003 encounter that she said she had with Bowser. According to the letter written by an assistant director of the county health department, Bowser twice asked to discuss a county employee named Lois Murphy. The letter was distributed to commissioners in May after Jackye Knight, the county's human resources director, filed an ethics complaint against Bowser. Murphy, who worked at the health department in 2003, has filed a complaint with the State Office of Administrative Hearings alleging mistreatment by her managers. In the past, Bowser has described Murphy as a family friend. The lawsuit cites a sentence in the article that begins, "In the letter, Assistant Health Director Gayle Harris says Bowser attempted to pressure her to help his friend Lois Murphy..." The lawsuit claims that those words were understood by the newspaper's readers to mean that Bowser "was guilty of the crime of using his influence as a public official to improperly influence an employee to help a friend." That charge exposed Bowser to "contempt and ridicule by imputing to him dishonesty and misconduct." Bowser referred questions about the suit to his attorney, Charles M. Putterman of Raleigh. "There's nothing in the letter to indicate any intent one way or another," Putterman said. "The letter does not say Mr. Bowser pressured Mrs. Harris to do anything. That is the basis of the suit." Bowser is seeking in excess of $10,000 in punitive damages and requests a trial before a jury. Bill Hawkins, the executive editor of The Herald-Sun, said Wednesday that he had not yet seen a copy of the suit. "We certainly intend to defend the newspaper's position on this," Hawkins said. The newspaper's attorney, John Bussian, said he is confident the lawsuit will be declared baseless. "What everyone needs to remember about this is Commissioner Bowser is trying to recover money from The Herald-Sun for its reporting about what a county employee said about Bowser's conduct in office," Bussian said. ________________________________________________________________ The Herald-Sun Thursday, July 15, 2004 Bowser sues paper over story on letter Herald-Sun vows vigorous defense against charge of defamation BY JOHN STEVENSON jstevenson@heraldsun.com; 419-6643 County Commissioner joe bowser sued The Herald-Sun on Wednesday, claiming the newspaper published false and defamatory statements about him in May. bowser said the newspaper acted recklessly when it quoted a letter from Assistant Health Director Gayle Harris on May 21, in which she claimed that bowser attempted to pressure her into helping his friend Lois Murphy, a disgruntled county employee who alleged that she was mistreated by County Manager Mike Ruffin. "I can't comment on that," bowser said Wednesday when asked about the lawsuit. "I can't say anything until I talk to my lawyer. ... Not a word." His attorney, Charles Putterman, whose office is in Raleigh, could not be reached. The Herald-Sun's First Amendment counsel, John Bussian, and executive editor, William Hawkins, stood up for the newspaper's reporting on Wednesday and said the lawsuit will be defended vigorously. "What we reported is a description of what was contained in a letter that is itself a public document," Hawkins said. "Accordingly, that reporting is protected under the North Carolina and United States constitutions. The protection exists precisely to ensure the free flow of information about elected officials. We intend to defend this vigorously to preserve our right to report on the actions of government officials." bowser, who is president of the local NAACP chapter, told The Herald-Sun in May that he never talked about Murphy with Harris. He also alleged that there was a "conspiracy" against him. Murphy reportedly has requested transfers from various positions in county government, saying she had severe asthma that was exacerbated in certain jobs. But Ruffin was not convinced Murphy was ill, according to reports. In his lawsuit, bowser says The Herald-Sun implied that he was "guilty of the crime of using his influence as a public official" to help Murphy. He adds that the newspaper was "highly aware of its falsity" when it published the reports. In addition, bowser claims that the newspaper refused to issue an apology and retraction when asked to do so. The published reports, bowser alleges, subjected him to contempt and ridicule. His lawsuit seeks compensatory damages "in excess of $10,000," plus punitive damages in a like amount. He also wants the newspaper to pay his attorney fees. But Bussian, the newspaper's lawyer, said the lawsuit "attacks reporting on the conduct of elected officials, which lies at the heart of the First Amendment. This lawsuit is baseless." -- Comment: Certainly the First Amendment has been under attack in Orange County. Lawsuits such as these clearly have an intimidating effect. I understand that supporters of Bobby Schopler were warned two years ago about what they might say publicly against APS. A few months ago Kris Bergstrand stated to the BOCC that several people were afraid to come to the BOCC to voice their concerns about APS. This ought to be a matter of concern to the Commissioners, the newspapers, and all citizens. The Daily Tarheel (July 1, 2004) stated Still, the critics' lawyer, Barry Nakell, said he will file a Rule 11 motion next week in an attempt to force APS officials to pay for the legal bills incurred due to the counterclaim. Nakell said the measure is a means of protecting free speech. "We should not let people get away with suing people who make statements that are protected by the First Amendment," he said. "The way to protect against this is to require the folks who bring those frivolous suits to pay the attorney costs." He warned that if the legal costs are not paid for by APS, other local entities will take it as a cue to sue anyone who criticizes their activities. Then the plaintiff could drop the suit and force detractors to spend a great deal of time and money, he said. Nakell also noted that the effort to collect from APS is aimed at selected officials who were reluctant to dismiss the claims. He said that includes former APS Director Laura Walters, who resigned in October amid a wave of allegations. -- Pursuant to Rule 11 of the North Carolina Rules of Civil Procedure and N.C. G.S. '6- 21.5, Counterclaim Defendants move for an appropriate sanction against attorney Ronald W. Merritt and an award of attorneys' fees for the filing of the non justiciable counterclaims in this matter against Counterclaim Plaintiffs Laura Walters, Ann Petersen, Tracy Carroll, Pat Beyle, Suzy Cooke, Kendall Page, Mette Tompkins, Cynthia Wise and John Wise. ________________________________________________________________ Chapel Hill Herald July 19, 2004 Nonprofit group forms to support animal shelter Friends of the Orange County Animal Shelter BY GEOFFREY GRAYBEAL : The Herald-Sun CHAPEL HILL -- A new nonprofit group has formed to support the Orange County Animal Shelter. The Friends of the Orange County Animal Shelter -- also known as FOCAS -- plans to eventually file for tax-exempt status. Although early in its existence, the group has about 10 members, said spokeswoman Margie Huggins. Orange County assumed control of the shelter, which is next to Chapel Hill's public works yard off Airport Road, this month. The Animal Protection Society previously managed the shelter on a contract basis, but two years of public controversy over its work prompted the Orange County Commissioners' decision to terminate their government's relationship with that group. "Basically, there's been so much going on in the past that we feel that a group modeled after the Friends of the Library group would be a wonderful way to get everybody focused on moving forward," Huggins said. "Our mission and our goals are to support and enhance the services offered at the shelter." Friends organizers would like to help the county attract a base of shelter volunteers to help with education, dog training, shelter operations and spay and neuter programs, among other things. Huggins said the group also wants to seek grants to help find a way to decrease the unwanted pet population. "The mission of FOCAS is absolutely to support and help the shelter," Huggins said. "We've met with [Shelter Director] Joe [Pulcinella] and are very excited about coordinating with him and giving him as much support and help as possible." Huggins said the group would be open to the public, and anyone who wants to join can do so. "Our only mission is a positive one -- that is to help with the day to day things such as doing a blanket and toy drive, putting boxes at local stores for dog and cat food, being an available resource for the shelter staff to call us if they need help," Huggins said. "We're just looking at whatever we can do to help the shelter." Huggins said organizers hope to hold an open house and publicize events in the future. "We are very excited to get a group together with hopefully as many people as possible from the whole county working toward helping the animals, which is what is the most important thing," she said. More information about Friends of the Orange County Animal Shelter can be found on its Web site at www.friendsofocas.org. Anyone interested in joining the group or volunteering can call Huggins at 929-1828.