Allegany County officials weigh notices, possible termination after animal-shelter resignations

Allegany County officials said they are preparing formal steps after multiple resignations at the county’s contracted animal shelter and what staff described as missing financial and personnel notices.

County staff told commissioners on the work-session record that the county’s amended operating agreement with the Shelter Foundation required annual financial statements and a contract-required audit. Lee, a county staff member reviewing the agreement, said the foundation has not provided the annual financial statements since the 2022 fiscal year and supplied a “review” in July 2022 rather than the contract-required audit. Lee told the commissioners a subsequent audit that was due July 1, 2025, has not been received “nor received any request for extension.”

Lee said the agreement also requires the county be given reasonable notice and an opportunity to comment on personnel changes to key shelter positions; staff said the shelter did not provide that notice after several key departures. “We have cause based upon the deficiencies that we’ve identified,” Lee said, describing legal options under state law that include issuing a notice of failure to perform with a 90-day cure period or terminating the management agreement immediately for cause.

Presiding official (unnamed) urged prompt action. “Doing nothing is probably not the answer in this case,” the presiding official said, noting that the executive director, the manager and a control officer all resigned in a short period.

County staff said they prepared two draft letters for commissioners’ review: a notice of failure to perform (listing missing financial statements for the last three years, the missing audit, and the lack of personnel notice) that would afford a 90-day cure period, and an alternative letter that would terminate the agreement based on staff’s interpretation of state law. Staff said they can read one of those letters into the public record and seek commission authorization at the regular 3:00 p.m. meeting if the commissioners choose to act.

Staff also advised attempting to identify who is currently managing shelter operations and to request a meeting with the Shelter Foundation board. Lee told the commission the county’s contract runs through 2032, meaning substantial changes to governance would require either voluntary amendments by the foundation or termination and replacement of the agreement.

Clarifying details in the meeting record: the county reported the shelter’s audit was first due July 1, 2022 (a review was submitted instead), and another audit was due July 1, 2025; the county said it received no extension request for the 2025 audit. The contract includes a 90-day cure period after a notice of failure to perform; staff also cited state code authority that can permit immediate termination for cause or termination within 30 days for any reason.

Next steps: staff said they will try to confirm current shelter management and board membership, invite the foundation to meet with commissioners, and present the drafted letters at the 3:00 p.m. public meeting if commissioners choose to proceed. The county did not take a formal termination vote during the work session.