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Commission cites statute, MOU and audit as contract dispute with Humane Society unfolds
Summary
County officials said state law requires adoption fees from impounded animals be remitted to the county; they referenced the MOU with the Humane Society and said an audit was authorized while a demand letter from county counsel pressed for compliance.
FAYETTE COUNTY — County officials cited West Virginia statute and the existing memorandum of understanding as they explained the legal and financial framework underpinning the dispute with the Fayette County Humane Society.
A county legal speaker told the meeting that "pursuant to West Virginia law" adoption fees from animals impounded by the animal control officer must be remitted to the county under West Virginia Code 19-20-10. The speaker said that adoption fees collected for animals surrendered directly to the shelter by the public are retained by the nonprofit operator, but fees from impounded animals are statutorily segregated to fund animal-control operations.
County officials said they had not been formally notified in writing that the Humane Society planned to end the contract and that they learned of the society's decision through social media. Officials said the county's outside counsel sent a letter to the Humane Society warning that failure to comply with the contract would prompt all actions permitted by law.
The commission also authorized an audit of the Humane Society's records, saying the MOU permits auditing. County officials told the meeting they have not completed an audit since 2022 and that they are seeking an auditor to review adoption reports, expense and donation records and the handling of county-owned property, including vehicles that the county holds title to.
Why it matters: The audit, statutory duties and the attorney letter have immediate implications for money that funds animal-control operations, for custody of county-owned property and for the legal rights and obligations of both the county and the nonprofit operator.
Public commenters asked for transparency about how adoption fees, fines from animal-cruelty cases and donations are recorded and spent. County officials said adoption-fee remittances from impounded animals are intended to support the animal-control fund and its operations, per state code, and that the county has sought information from the Humane Society to reconcile reports.
Ending: The commission said it will pursue auditing, contractual reconciliation and, if necessary, legal remedies while it takes over day-to-day shelter operations to ensure animals receive care.
