City staff and P&Z bend law to approve kennel permit for mayor and husband’s 14 dogs

The Truth or Consequences Planning and Zoning Commission ignored city code while approving a kennel permit for Mayor Amanda Forrister and her husband, who have been charged with 30 counts of animal control violations, including animal cruelty.

City code says proof of rabies vaccinations, individual dog licenses and a business license must be produced at the time of application for a kennel permit, but those requirements weren’t enforced by city staff and then the P&Z added its seal of approval, granting the permit at their Jan. 9 meeting. Final approval must come from the city commission.

The Forristers’ preliminary hearing on their animal-control violations was scheduled at the municipal court on Jan. 10—the next day. Undoubtedly the Forristers would have used city staff’s and the P&Z’s approval in their defense, but the hearing was postponed. A new date is set for Feb. 15 at 10 a.m. at the municipal court.

The city has yet to hire an attorney to represent the city’s case against the Forristers.

City attorneys Jay Rubin and John Appel recused themselves from representing the city shortly after the Forristers’ Nov. 16, 2022 arraignment. Their contracts are approved by the mayor and city commission.

Di Giacomo asked that the preliminary hearing be re-scheduled, calling the morning of the hearing, after learning the city had hired no attorney, said Margaret Clanton, municipal court administrator. Clanton said the city must have an attorney represent them, since the Forristers have an attorney, Mark Filosa. Municipal Judge Beatrice Sanders and Filosa agreed to the postponement, Clanton said.

Animal Control Officer Mary Anne Di Giacomo filed the 24-page criminal complaint November 2. See my news article here: https://sierracountycitizen.org/t-or-c-mayor-and-husband-charged-with-cruelty-and-other-counts-involving-their-14-dogs/

Unlike the prior article, this is not a news story, it’s an opinion piece. Full disclosure, I spoke during the P&Z’s public hearing on the Forristers’ kennel permit. My testimony is in italics at the end of this article. A copy of the city’s animal control ordinance will also be included.

Di Giacomo is no longer with the police department, leaving voluntarily, said a person answering the phone on Jan. 9. I’d left a message for Code Enforcement Officer Jamie Sweeney or Animal Control Officer Knull to call me back, but new Chief of Police Luis Tavizon called, stating only he may speak to the press.

I wanted to know if Knull or Sweeney were going to fill the P&Z in on the Forristers’ criminal case, the P&Z packet available on the city’s website including no documents, only the agenda, which only gave the Forristers’ address. Tavizon said the court case was a separate issue from the kennel-permit application and didn’t know if Knull or Sweeney had been consulted by Planning and Zoning Administrator and Assistant City Manager Traci Alvarez, who prepares P&Z packets. Tavizon also didn’t know if Knull and Sweeney would be present at the P&Z hearing.

The P&Z commissioners were frantically leafing through the packet before the meeting started; making it likely they had just received documents from Alvarez.

Usually, during a public hearing, the city staff gives a report first. The city code requires the planning and zoning administrator, or their designee, and the animal control officer, do an onsite visit. During the Forristers’ public hearing, no staff report and recommendation were given. It went straight into opponents’ and proponents’ statements. I was the only member of the public who spoke and I spoke as an opponent. Perhaps more people would have shown up if the Mayor’s name had been included on the agenda or if the application giving the name were made available.

After I spoke, the public hearing was closed and Alvarez then informed the P&Z commissioners that the current city code would be amended for kennel permits. Vaccination verification and individual dog licenses would not be required, “because the dogs are moving in and out.” The P&Z accepted Alvarez’ unilateral decision to ignore the city code without protest or argument.

Alvarez has no authority to make or suspend city laws.

Accepting Alvarez at her word, the P&Z asked no questions about vaccinations, a business license or individual dog licenses.

Neither Knull nor Di Giacomo appears to have made an onsite visit to the Forristers’ property as part of the permitting process. I made an Inspection-of-Public-Records-Act request for the documents given to the P&Z and for rabies-vaccination documents for the Forristers’ 14 dogs. Neither Knull’s nor Di Giacomo’s input is among the documents.

Concerning rabies shots, the city responded as if Alvarez’ code change is law:

“In regards to Kennel Permits. Kennel holders are not required to submit the rabies vaccinations to the City when they apply for kennel permits. Owners of the animals, of course, should have their animals vaccinated, and Animal Control/Code Enforcement can request to see the vaccination documents at any time should they wish to do so. However, we would not have them on file because it is not expected for a kennel permit. Please note that this is not to be confused with a Multi-Animal permit in which the animal is the applicant’s ‘pet’ rather than an animal that is being boarded at the applicant’s residence for a temporary amount of time. In that case (for a multi-animal permit) a city license is required for that type of application, and the applicant must show proof that the animal is vaccinated so we can add that information to the license.”

The Forristers claimed, during the hearing, the dogs had been vaccinated, but they did not produce those documents Sept. 6, 2022, when Animal Control Officers Di Giacomo and Knull requested them. Evidently none of dogs had a rabies tag when they happened upon the property while pursuing a call out for dogs running at large in the area. All dogs are required to display a rabies tag, according to city code.

The dogs hunt lions and round up cattle, other owners’ dogs joining their dogs depending on the hunt or job, the Forristers said, during the hearing. The higher risk of in-the-wild animal bites resulting in rabies and spreading to other dogs wasn’t considered by city staff or the P&Z, although public health and safety is supposed to be part of their fact finding before granting special-use permits, such as a kennel permit.

Animal Control Officer Knull and Code Enforcement Officer Jamie Sweeney attended the P&Z public hearing. Knull wasn’t questioned by the P&Z commissioners and spoke not one word.

Sweeney only answered when questioned. P&Z Chairperson Chris Sisney asked, “Do you see any reason not to grant the permit?” Sweeney said she recommended approving the permit, describing the cleanliness of the kennels and their suitability. She said no dogs where onsite when she visited.

When P&Z Commissioner Susan Buhler repeated a few times, “but you didn’t see the dogs,” Mayor Amanda Forrister yelled from her audience seat, “You’re supposed to grant the kennel permit regardless of the dogs.”

The P&Z discussion ended after the Mayor’s rebuke.

P&Z Commissioner Eduardo Alicia made a motion to not grant the kennel permit, which died for lack of a second.

P&Z Chairperson Chris Sisney made a motion to grant the kennel permit, which also died for lack of a second.

City Clerk Angela Torres told the P&Z they had to either grant or deny the permit, which the P&Z accepted, although they could have tabled the item.

Sisney again made a motion to grant the permit, with Sisney, Buhler and P&Z Commissioner Esther Luchini voting aye and Alicia voting nay.

The city commission gives final approval for the kennel permit, which will probably be on the Jan. 25 agenda. If the city commission grants it, the Forristers will have more ammunition for their defense against the criminal complaint.

Sloan’s testimony during the public hearing:

 I ask that you make findings of fact and look at evidence animal control officers have gathered before ruling on the Forristers’ application for a kennel permit.

 September 6, 2022, Animal Control Officers Di Giacomo and Knull went to the Forristers’ address.

 November 2, 2022, Di Giacomo filed a 24-page criminal complaint in municipal court:

–14 counts of no dog licenses

–14 counts of no rabies shots

–animal cruelty for not providing potable water

–exceeding the four-animal limit without a special license

 There is nothing to prove. The pictures in the complaint prove the water bowls were deep green with islands of growth. Di Giacomo said the texture was slimy. The body cam captures Lane Forrister stating, “We water them once a week.” The Forristers didn’t produce vaccination or licensing documents, which must be on hand by law.

 There is evidence the Forristers are incorrigible and therefore should not be allowed to run a kennel. They pled not guilty to the charges, claiming no wrongdoing.

On the body cam, Amanda Forrister interrupts Di Giacomo as she cites the law. “I know what it says, I signed it,” referring to her duty as mayor to sign into law ordinances. Eight months prior, in February, she signed the amended animal control ordinance into law. This is evidence she knowingly flouted the law.

 On the body cam, Lane Forrister insists the chief of police meet with them—as if they are entitled to special treatment.

 Chief of Police Victor Rodriguez met with them the next day, but he should have avoided that meeting as giving the appearance of conflict of interest. He was an at-will employee, a subordinate that could be fired by the city commission.

 The Government Conduct Act states it is illegal for a government official, such as the mayor, to use her power for her own benefit, such as to avoid criminal prosecution.

 The Forristers claimed, at their arraignment, that they had made a deal with Rodriguez, but an Inspection-of-Public-Records-Act request bears out that no such document exists. No document, no deal, unless you believe in back-room, good-ole-boy government.

 Save these and future dogs. Please do not grant the Forristers a kennel permit.

 You are the most likely check and balance on their power.

 The animal control and P&Z administrator are at-will employees that could get fired if they go up against the mayor.

Di Giacomo is gone, probably because it was too hard to do her job.

 And the city commissioners, Shelly Harrelson in particular, were cracking jokes about green scum, making it unlikely they will withhold a kennel permit from the Forristers.

Thank you.

 The city’s animal code ordinance, signed by Mayor Forrister:

https://cms5.revize.com/revize/truthorconsequences/Ordinance%20No.%20725%20-%20Animal%20Ord.pdf