MARTINSBURG, W.Va. — A motion to dismiss has been filed with the West Virginia Supreme Court of Appeals in response to the Petition for Writ of Mandamus filed last month by Bethesda, Md.-based Alley Cat Allies.
“Alley Cat Allies does not seek a legal remedy; it seeks publicity and donations. The strategy is simple: file a suit, raise a hoot, and collect the loot,” the motion to dismiss and response to Alley Cat Allies’ Petition for Writ of Mandamus states.
Berkeley County Sheriff Nathan Harmon, who supervises county animal control operations, and the Chief Animal Control calls it a “cloak and dagger attempt” and says the allegations in this case account for less than one half of one percent of the hundreds of animals that Animal Control picked up in the last couple years.
“Their writ is simply asking the Supreme Court to tell us to do our jobs. It’s so ridiculous. But what was really offending was the language in there that these officers intentionally, negligently, and purposefully refused medical treatment to these animals for upwards of ten to fifteen days. At the very least, an embellishment – at the most a fabrication,” Harmon said in a recent appearance on Panhandle Live.
Officer Kevin Jones adamantly deny and dispute the allegations in response to the Petition filed by Alley Cat Allies.
Alley Cat Allies President and Founder Becky Robinson though, tells The Panhandle News Network their documentation has proof of abuse as well as pictures.
Robinson released a statement Wednesday saying prior to filing the writ of mandamus with the Supreme Court of Appeals of West Virginia, Alley Cat Allies had conversations about their concerns with the Commander, Patrol Division and Animal Control Division and others in Berkeley County Animal Control.
Robinson says they also visited the shelter on multiple occasions and even bought ‘multiple air conditioning units’ for the building during a period of ‘extreme heat’ in the Animal Control shelter during the summer.
“We believe that our investigation has uncovered a pattern of abuse, denying animals veterinary care and in some cases urgent medical treatment,” The state ment says. ” In fact, we took animals from Berkeley County Animal Control and we provided emergency veterinary care, for which we have exhibits in the writ of mandamus.”
According to the release from Berkeley County Council, of 693 animals picked up between September 2020 and September 2021, 433 were returned to owners, 114 were fostered or rescued and 58 were adopted.
They also questioned the events during the week of the Alley Cat Allies complaint, pointing out that on November 23rd, -Alley Cat Allies $311,000 purchase of 17.2-acres of land in Berkeley County is recorded with the Berkeley County Clerk’
And Alley Cat Allies files Petition with the West Virginia Supreme Court of Appeals claiming to be West Virginia taxpayer
The organization then distributed publicity regarding the allegations.
According to the Council release,
-Internal Revenue Service filings (Form 990) indicate Alley Cat Allies had gross receipts of $10.9 million in 2019, received
more than $50 million in donations between 2015 and 2019, and paid two top executives a total of more than $487,000
in 2019. Alley Cat Allies spent more than $580,000 on legal services and lobbying.
Following is a release from the Berkeley County Council:
Motion to Dismiss filed in response to Alley Cat Allies’ Petition
MARTINSBURG, W.Va. (December 16, 2021) – A motion to dismiss has been filed with the West Virginia Supreme Court
of Appeals in response to the Petition for Writ of Mandamus filed last month by Bethesda, Md.-based Alley Cat Allies.
“Alley Cat Allies does not seek a legal remedy; it seeks publicity and donations. The strategy is simple: file a suit, raise a
hoot, and collect the loot,” the motion to dismiss and response to Alley Cat Allies’ Petition for Writ of Mandamus states.
Berkeley County Sheriff Nathan Harmon, who supervises county animal control operations, and the Chief Animal Control
Officer Kevin Jones adamantly deny and dispute the allegations in response to the Petition filed by Alley Cat Allies.
“It’s a very reckless and unbecoming campaign tactic from an entity cloaking themselves as a nonprofit organization. I
don’t care for their tactics at all. Their lack of professional courtesy and openness for healthy discussion is just mindblowing to me. It is not, in my experience, how matters should be handled from one organization to another.
“I would call it a cloak and dagger attempt,” Harmon said.
Berkeley County Animal Control is under the oversight of the Berkeley County Sheriff’s Office.
Berkeley County Council President Doug Copenhaver Jr. and fellow county council members issued the following
statements regarding the matter in support of Sheriff Harmon and Animal Control staff.
“Alley Cat Allies could make a donation to Animal Control to get more veterinary care for animals if that was their goal,
but that clearly does not appear to be the case,” Copenhaver said.
“The allegations in this case account for less than one half of one percent of the hundreds of animals that Animal Control
picked up in the last couple years.”
Of 693 animals picked up between September 2020 and September 2021, 433 were returned to owners, 114 were
fostered or rescued and 58 were adopted.
Given his understanding of this case, Copenhaver said he is encouraging residents to consider making charitable
donations locally rather than to an out-of-state organization like Alley Cat Allies.
“Sheriff Harmon, his leadership team and Chief Animal Control Officer Kevin Jones have taken great efforts to ensure that
animals being held in our facilities receive proper care and treatment,” Copenhaver said.
Berkeley County Council Vice President Jim Whitacre said any such allegations are taken seriously.
“We have a stellar Animal Control facility. Mistreatment and cruelty of animals is something that has not been tolerated
since I’ve been here for over 10 years,” Whitacre said.
Berkeley County Council member Eddie Gochenour added that he has “100 percent confidence in the Sheriff and his staff
to manage the Animal Control facility.
“File a Suit, Raise a Hoot and Collect the Loot” Background:
The following occurred on November 23, 2021 – two days before Thanksgiving and one week before “Giving Tuesday
(National Day of Giving):
-Alley Cat Allies $311,000 purchase of 17.2-acres of land in Berkeley County is recorded with the Berkeley County Clerk’
Office. (Exhibit 1)
-Alley Cat Allies files Petition with the West Virginia Supreme Court of Appeals claiming to be West Virginia taxpayer as a
nonprofit organization. (Exhibit 2)
-Alley Cat Allies issues press release trumpeting allegations, including PR Newswire distribution (on Nov. 24) and begins
using Petition for content in television advertising on Washington-Baltimore television media. (Exhibit 3)
IRS Filings for Alley Cat Allies:
-Internal Revenue Service filings (Form 990) indicate Alley Cat Allies had gross receipts of $10.9 million in 2019, received
more than $50 million in donations between 2015 and 2019, and paid two top executives a total of more than $487,000
in 2019. Alley Cat Allies spent more than $580,000 on legal services and lobbying (Exhibit 4).
Published Reports
Marc Gunther/Charity Watch/The Chronicle of Philanthropy/BBB – Various published Reports detailing, among other
matters, $500,000-plus purchase of a home next to the organization president’s house without Board approval.
https://www.philanthropy.com/article/the-limits-of-nonprofit-oversight/?cid2=gen_login_refresh
https://www.charitywatch.org/charity-donating-articles/cat-charity-criticized-for-straying-from-good-governancepractices (Exhibit 5)
