1988-06186-Minutes for Meeting February 19,1988 Recorded 3/28/198888-06186
DOG HEARING MINUTES 71 Fp
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DESCHUTES COUNTY BOARD OF COMMISSIONERS-,-,,
February 19, 1988
Chairman Maudlin called the meeting to order at 10:05 a.m. Board
members in attendance were Dick Maudlin and Tom Throop. Also
present were Rick Isham, Legal Counsel, and Karen Green,
Assistant Legal Counsel.
Deputy Sheriff Del Abbott testified that he had been on patrol on
February 10, 1988, and was northbound on Canal Boulevard near the
5300 block at approximately 5:40 p.m. when he saw a brown lab-
type dog chasing cattle. He couldn't get out of his car fast
enough to catch the dog, so he had to go look for it in his car.
He arrived at the Hains' property at approximately 6:04 p.m. He
saw a brown lab dog there and noticed that it was wet from
running.
Cynthia Komurka, Deschutes County Animal Control officer, stated
that she was not involved in the initial impoundment of the dog,
but made contact with the Hains the following morning. Mr. Hains
told officer Komurka that he wanted a hearing, so she had him
sign a form at that time.
Jeff Hains, 21115 Young Avenue, Redmond, Oregon, testified that
he and his family had just recently moved to their current
residence and had not had time to set up the pen for the dog. He
stated that if he knew his dog would chase livestock, he would
have tied him up. Mr. Hains explained that the dog liked to play
with the family's pigs, but would never injure or kill animals.
Commissioner Maudlin asked Officer Abbott if he looked for any
other dogs. Officer Abbot stated that he had looked at two other
dogs even after taking the brown lab.
Commissioner Throop commended and encouraged officer Abbott for
his actions. However, Commissioner Throop felt that the Board
could not be completely sure that this was actually the dog that
had chased livestock. He felt there was an element of doubt.
Commissioner Maudlin stated that he felt the same way. He felt
that Officer Abbott had followed the correct procedures and did
not want to prohibit him from performing his duties, but he was
not comfortable with the situation because he also was not 100
percent sure that the dog in question had been the one to chase
livestock.
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DOG HEARING MINUTES/3-19-88
PAGE -2-
THROOP: I'll move that we establish findings that Deputy
Sheriff Abbott did see livestock chased and testified that it
could have been this dog or another dog, but in our minds, the
evidence is not strong enough to put the dog down and to release
the dog.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
MAUDLIN: YES
PRANTE: ABSENT
DESCHUTES COUNTY BOARD OF COMMISSIONERS
jLew-Aj-
Lois ri tow Prante, Commissioner
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Tom Throop, C mmissioner
ck Maudlin, Chairman
BOCC/slc