from: Lion News lionnews00@gmail.com
to: vet.med@state.mn.us,
michelle.vaughn@state.mn.us,
steven.shadwick@state.mn.us,
mahlon.bauman@state.mn.us,
christopher.powers@state.mn.us,
mary.j.olson@state.mn.us,
jody.grote@state.mn.us,
julie.dahlke@state.mn.us,
shadyoakvetclinic@gmail.com
date: Nov 17, 2021, 9:04 AM
subject: Chapter 13 Data Request For Data On Complaint Process At The MN Board of Veterinary Medicine
mailed-by: gmail.com
Michelle Vaughn, DVM President, MN Board of Veterinary Medicine (651) 201-2844/(952) 938-1926:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Names and contact information for investigators for the MN Board of Veterinary Medicine complaint process.
2. Policy and procedure manual for MN Board of Veterinary Medicine's investigators.
3. MN Board of Veterinary Medicine's educational material to Doctors of Veterinary Medicine who are professional witnesses or regular practitioners dealing with starving and/or malnourished horses. Specifically dealing with the Henneke Body Condition Scoring System and doing blood work on horses suspected of animal abuse/cruelty to substantiate the subjective Henneke Body Condition Scoring System for Horses (BCS) before removing the horses from owner's property.
4. Data on "Appointed agents" pursuant to MN Stat 343.01 in animal cruelty cases not having the proper authorization to be at crime scenes or suspected crime scenes. Or data on "Appointed agents" impersonating peace officers in violation of 609.4751.
Terry Dean, Nemmers 320-283-5713
https://www.revisor.mn.gov/statutes/cite/343.215 343.215 VETERINARIAN IMMUNITY. A licensed veterinarian acting in good faith and in the normal course of business is immune from civil and criminal liability in any action arising in connection with the report of a suspected incident of animal cruelty. History: 2020 c 89 art 4 s 33
https://mn.gov/boards/veterinary-medicine/complaints/ How to File a Complaint To submit a complaint, please print and complete these forms and send them to the Board office: Complaint Registration Form and Records Waiver Authorization Minnesota Data Practice Laws & Rules The completed forms may be sent as an e-mail attachment, fax, or U.S. mail. Please make sure you have signed the documents before sending them to the Board office. Please contact the Board if you have any questions. E-mail: vet.med@state.mn.us Fax: 651-201-2842 U.S. mail: Board of Veterinary Medicine, 335 Randolph Avenue, Suite 215, St. Paul, MN 55102
https://mn.gov/boards/veterinary-medicine/board/board/members.jsp
Current Board Members Name Role Appointment Date Contact Michelle Vaughn, DVM President Appointed 6/30/2011; Reappointed 1/2015; Reappointed 1/2019; Term ends 1/1/2023 michelle.vaughn@state.mn.us
Steven Shadwick, DVM Veterinary Member Appointed 6/29/2018; Term ends 1/1/2022 steven.shadwick@state.mn.us
Mahlon Bauman Public Member Appointed 4/6/2021; Term ends 1/1/2025 mahlon.bauman@state.mn.us
Christopher Powers, DVM Veterinary Member Appointed 7/3/2019; Term ends 1/1/2023 christopher.powers@state.mn.us
Mary Olson, DVM Veterinary Member Appointed 3/2/2014; Reappointed 1/2018; Term ends 1/1/2022 mary.j.olson@state.mn.us
Jody Grote Public Member Appointed 5/4/2016; Term ends 1/1/2024 jody.grote@state.mn.us Julie Dahlke, DVM Veterinary Member Appointed 7/3/2019; Term ends 1/1/2023 julie.dahlke@state.mn.us
Defendant confirmed she owned all the animals on the property. Including the donkey’s Defendant had 19 animals total. Defendant gave law enforcement a tour of the farm and her animals. Defendant showed the veterinarian and law enforcement paddock 1 on the southwest side of the property. ... The veterinarian explained after spending 8-9 months on the farm, the horses should no longer have body composition scores of 3 or under. It was explained to Defendant the horses should be scoring as 4 and 5’s, and should have more fat on them heading into winter. It was explained to Defendant there were concerns on the two male horses in paddock 1, Horses 6 and 10 and that Defendant would be looking at surgery for them. Defendant responded that was fine because she had the money and makes over $200,000.00 and she has money from the business too. It was explained to Defendant that she should not be comfortable allowing people to ride the horses in the condition they were in. Statement Of Probable Cause Complainant Jeremy Reed Investigator 15 S Washington St New Ulm, MN 56073 Badge: 334 Electronically Signed: 03/24/2021 06:05 PM Brown County, Minnesota. Filed in District Court State of Minnesota 3/25/2021. Case No. 08-CR-21-272 State of Minnesota vs Candi Jolene Lemarr
Given that winter was approaching and the defendant had failed to improve the health and condition of the horses in over two months, Investigator Todd Frank of the North Branch Police Department applied for a search warrant for the premises. On November 13, 2019, the search warrant was signed by the Honorable Robert Rancourt. On November 15, 2019 at 9:00 A.M., the warrant was served on the defendant at her residence. A Veterinarian from Sunrise Equine was present to conduct a herd evaluation and Body Condition Scores (BCS) ranging from 1-9 were assigned to each horse as they were checked. 11 of the 20 horses on the property were seized with BCS scores ranging from 1.5-3, while the remaining horses scored between 3-4.Statement Of Probable Cause. Complainant Daniel Meyer Chief of Police 6408 Elm St PO Box 910 North Branch, MN 55056 Badge: 512 Electronically Signed: 01/07/2020 08:36 AM Chisago County, Minnesota. Filed in District Court State of Minnesota Date & Time: Jan 7 2020
9:00AM. Case No. 13-CR-19-1031 State of Minnesota vs Carmen Marie Burth
Details Of Report: On November 27, 2012, I was dispatched to 433 170th St in Hugo for a harassment report. … The complainant, Matthew Paul Montain, DOB: [Redacted], was advising that an unwanted male was on his property. I am familiar with this issue, as the unwanted male had been on the property last week for an issue that Sgt Johnson, #121, was dealing with. See ICR 112036632. Upon arrival there, I observed a silver Honda Element with MN LIC: 887KYD parked in the driveway outside of the office trailer on site. The vehicle registers to the Humane Society for Companion Animals. I observed a male standing near the vehicle. I am familiar with this male from the past contact as Wade Richard Hanson, DOB: [Redacted]. He is an employee of the Animal Humane Society. As I pulled up with my squad, I observed Hanson was wearing dark brown BDU style pants, black military style boots, and a dark brown wind breaker type jacket with large yellow letters on the back stating “Humane Agent.” There were patches on the upper arms of the jacket. As I got closer to Hanson, I observed that the patched indicated that he was an investigator with the Humane Society. I could see also a badge on the jacket that was shaped in a police shield style with “Investigator” on the top rocker and “Humane Society” on the bottom rocker. I saw that under the dark brown jacket, HANSON, was wearing a tan deputy style duty shirt with dark brown pocket flaps and shoulder epaulets. This shirt also had a badge like the one on his jacket. This uniform was strikingly similar to the uniform that I was wearing and he could be easily mistaken for law enforcement personnel. Initial Complaint Report ICR Number: 112036927 Agency: Washington County Sheriff’s Office ICR Created: 11/27/2012 09:55:10 Deputy S. Peulen #163 Date/Time Occurred: 1127212 – 0955 HRS. Date/Time Report Made: 112812 – 0652 HRS.
https://www.revisor.mn.gov/statutes/cite/609.4751 609.4751 IMPERSONATING A PEACE OFFICER. Subdivision 1.Misdemeanor. Whoever falsely impersonates a peace officer with intent to mislead another into believing that the impersonator is actually an officer is guilty of a misdemeanor. § Subd. 2.Gross misdemeanor. Whoever violates subdivision 1 while committing any of the following acts is guilty of a gross misdemeanor: (1) gaining access to a public building or government facility that is not open to the public; (2) without legal authority, directing or ordering another person to act or refrain from acting; (3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section 169.68; or (4) operating a motor vehicle marked: (i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state patrol," "conservation officer," "agent," or "marshal"; or (ii) with any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement vehicle, and which a reasonable person would believe is a law enforcement vehicle governed under section 169.98, subdivision 1.
A Again, I'm not sure. I'd have to - - I know from working with the City of East Bethel that it was assumed that I was their agent and worked in that capacity, and at one point I asked them to officially documentation and send it.
Q But that was sometime after August 29th?
A It could be. I'd have to look at it. A: Animal Humane Society Humane Agent Keith Streff Q: Robert Richman, attorney for defendant Lowell Friday. Page 51. Page 51. State Of Minnesota, Plaintiff VS. Lowell George Friday, Defendant Case No. 02-CR-12-197 Contested Omnibus Hearing July 6, 2012 Transcript. Honorable Sean C. Gibbs, Presiding.
Q So given that you didn't have a search warrant what authorized you to even step on that property?
A we discussed the situation with Mr. Friday. Mr. Friday and I have a rather cordial relationship and
I explained to him exactly what the policy, procedure was that we were following, and the purpose for our visit, and that we wanted to establish the facts and circumstances regarding the health and welfare of his horses and he voluntarily allowed us to do that. Page 19. Direction Examination A: Animal Humane Society Humane Agent Keith Streff Q: Jennifer Nodes, attorney for the City of East Bethel.
343.01 PURPOSES; POWERS; COUNTY ORGANIZATION. § Subdivision 1.Formation authorized. A state federation of county and district societies for the prevention of cruelty to animals may be created as a corporation under chapter 317A for the purpose provided in section 343.06. The federation may appoint representatives in any county where no active county or district society exists for the purpose of receiving and accounting for funds from any source, and may also appoint agents at large to carry out the work of the federation throughout the state. The federation and all county and district societies may appoint agents for the purpose of investigating or otherwise assisting lawfully empowered officials in the prosecution of persons charged with cruelty to animals. Appointed agents must have training and experience in activities relating to prevention of cruelty to animals or enforcement of laws relating to cruelty to animals. The federation may make bylaws as are necessary to implement its authority under this chapter and under chapter 317A. https://www.revisor.mn.gov/statutes/cite/343.01
(MIS)USE OF THE BCS IN ALLEGED NEGLECT Over the past year, cases of alleged horse neglect have skyrocketed across the United States. I have been contacted by people from California to Maryland, from Minnesota to Texas, and from New York to Arizona. This phenomenon has reached epidemic proportions. Minnesota alone reportedly investigated almost 400 cases in 2011. Most of these can be attributed to the down economy and the drought making it difficult for horse owners to feed their horses like they would like to feed them. Therefore, we are seeing a lot more horses in below average body condition. That does not make every thin horse a neglected or abused horse. Over the past decade, the Body Condition Scoring System for Horses (BCS) has become, in many if not most cases, the sole reason for seizure for neglect or abuse. The problem with this is that the BCS was not designed to reflect the health or well-being of the horse. The BCS provides an estimate of stored body fat. Period. From a physiological standpoint, as long as a horse has any fat reserves and is receiving a diet that meets its daily maintenance requirements, that horse can be healthy. For example, The Minimum Standards of Horse Care in the State of California (2011) arbitrarily indicates that any horse with a BCS of less than 3 does not meet the minimum standard. By definition, a BCS 3 horse still has reserves of body fat. Once a horse gets below a BCS 3, then reserves are low. However, the health of the horse is only in jeopardy if it is breaking down non-fat tissue to provide for its basic energy needs. The BCS cannot measure this function. Breakdown of non-adipose tissue for energy can be evaluated through blood analysis focusing on liver and kidney function, and the breakdown of structural tissue for energy. Blood urea nitrogen, creatinine, and the ratio of blood urea nitrogen level to creatinine level are indicators of tissue breakdown. Analysis for hematocrit, serum concentrations of total protein solids, sodium, calcium, potassium, triglycerides, bilirubin, and albumin will also provide information concerning malnutrition and starvation. None of these tests are accurate on their own. However, evaluation of matching trends from the analysis can help confirm or disprove that the horse is nutritionally deprived. In addition, the presence, or absence, of other physical indicators of inadequate energy intake should be used to evaluate alleged neglect. Energy deprived horses will be lethargic. Their reaction to stimuli will be depressed. They will usually show signs of dehydration: tacky gums, “tenting” of skin on the neck, concentrated urine with a very strong odor, and decreased fecal output. Coprophagy, the consumption of feces, is usually very pronounced in energy deprived horses, especially those kept in groups. Since energy deprivation is usually accompanied by protein deficits, the hair coat will dull and shaggy. It is imperative that a low BCS score be supported by other clinical signs of starvation to indicate nutritional neglect. The presence or absence, of feed and hay on the premises is an excellent indicator of the ability of the owner to meet the nutritional needs of their horses. If adequate feed and hay is present to meet the needs of the animals, then seizure is not warranted. Few, if any, horse owners will refuse to feed their horses if feed is available. Adding to the problem is that many “evaluators” have not received any formal training in the application of the BCS. They do not understand the physiology of fat deposition and utilization, they are not knowledgeable in conformation and breed characteristics that will influence the BCS, and most often, they have personal biases that lower their estimate. The BCS is designed as a ranking system. It was never designed to be exact and it cannot be exact because of differences in breeds, size, age and conformation between horses. It is a guideline. If the average lay horse owner gets within 1 body condition score, plus or minus, of the horses actual condition, they are doing a good job. Seizing a horse based solely on an untrained person’s estimated BCS is a very questionable practice. I find it very disturbing that humane societies and local authorities have utilized the BCS in such a manner There are definitely cases of neglect and abuse that need to be dealt with in a quick and decisive manner. However, care must be taken to be sure that the animals are truly being starved and that requires supporting evidence from their other physical parameters and blood analysis. My recommendation to all parties is that if neglect or abuse due to nutrition deprivation is suspected, 1. The evaluator must exhibit the ability to offer a trained, unbiased opinion based solely on the stored body fat of the animal. If seizure is to be considered, the evaluation of the animals by a qualified, impartial third person should be required. 2. A BCS of less than 3 is not cause for automatic seizure. The animals in question must exhibit altered metabolism confirmed by blood analysis or other physical signs consistent with malnutrition before they can be seized for inadequate body condition. If it is determined that the horse needs immediate attention, a veterinarian of the owner’s choosing should provide those supporting procedures. These procedures may be done with supervision by the legal authorities. 3. Only horses exhibiting altered metabolism and having inadequate feed stores on the premises should be seized. Removing healthy horses from their home is not necessary and may often result in adverse consequences due to stress created by a new environment and untrained handlers. 4. If at all possible, the alleged neglected horses should remain at the owner’s farm. Removing any horse from its familiar environment, drastically changing its diet, and exposing it to a new set of handlers will usually result in stress and a further loss of body condition. In the vast majority of cases, if the intent is truly the best care of the horse, that care can best be administered in familiar surroundings. If the legal authorities require, care can be conducted under their official guidance. “Innocent until proven guilty” is the most abused legal standard in America today. Due to biased press coverage, most “trials” are conducted before the accused ever has a chance to answer the charges. Once a horse owner has been accused of neglect, they are stained for life. If they are later proven to be innocent, the public has already painted them with a negative picture. This should not happen. It is imperative that the state authorities demonstrate adequate cause for seizure. Unsupported claims of neglect against a horse owner should be followed by a vigorous public campaign by the state authorities criticizing the parties who have filed a frivolous claim and, if possible, such parties should be prosecuted by the state. Author’s Information: Don Henneke, Ph.D., is currently the Director of Equine Science at Tarleton State University, Stephenville, Texas. Dr. Henneke was the principal investigator in developing the Body Condition Scoring System for Horses at Texas A&M University in 1979.
_________________________________
from: MED, VET (HLB) vet.med@state.mn.us
to: Lion News lionnews00@gmail.com
date: Nov 17, 2021, 9:44 AM
subject: RE: Chapter 13 Data Request For Data On Complaint Process At The MN Board of Veterinary Medicine
mailed-by: state.mn.us
signed-by: state.mn.us
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: Important mainly because it was sent directly to you.
Dear Ms. Nemmers,
Thank you for contacting the Board of Veterinary Medicine. This agency does not have oversight of humane investigations. The persons who can be involved in animal humane investigations are outlined in Chapters 343 and 346 of Minnesota law. This Board only becomes involved if a veterinarian fails to report known or suspected animal cruelty to law enforcement or a humane agent.
Please let me know if you have any additional questions.
Sincerely,
Julia H. Wilson, DVM
Diplomate, American College of Veterinary Internal Medicine
Executive Director, Minnesota Board of Veterinary Medicine
New address beginning September 1, 2021:
335 Randolph Ave Suite 215
St. Paul, MN 55102
Phone: 651 201-2844
Fax: 651 201-2842
Website: http://www.vetmed.state.mn.us
E-mail: julia.wilson@state.mn.us
Our mission is to promote, preserve, and protect the health, safety and welfare of the public and animals through the effective control and regulation of the practice of veterinary medicine.
P Please consider the environment before printing this e-mail
This e-mail and any files transmitted with it are intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
_________________________________
from: Lion News lionnews00@gmail.com
to: "MED, VET (HLB)" vet.med@state.mn.us,
michelle.vaughn@state.mn.us,
steven.shadwick@state.mn.us,
mahlon.bauman@state.mn.us,
christopher.powers@state.mn.us,
mary.j.olson@state.mn.us,
jody.grote@state.mn.us,
julie.dahlke@state.mn.us,
shadyoakvetclinic@gmail.com
date: Nov 17, 2021, 10:14 AM
subject: Re: Chapter 13 Data Request For Data On Complaint Process At The MN Board of Veterinary Medicine
mailed-by: gmail.com
Michelle Vaughn, DVM President, MN Board of Veterinary Medicine (651) 201-2844/(952) 938-1926:
Does your Minnesota Board of Veterinary Medicine Executive Director Julia H. Wilson, DVM have some sort of problem identifying the sex of indivudials? Is Wilson competent enough to determine the different sexes of animals? How many females do you know that have the middle name of "Dean." Plus, why is Wilson harassing me with her ridiculous comments instead of providing me with the readily available, free, electronic, public data that I actually requested? Is Wilson competent enough to have the position of Executive Director at the Minnesota Board of Veterinary Medicine?
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Gross salary, history of sustained complaints and work-related continuing education from date of first hire until today's date for Minnesota Board of Veterinary Medicine Executive Director Julia H. Wilson, DVM.
2. Personnel policy and procedure manual for the Minnesota Board of Veterinary Medicine.
Terry Dean, Nemmers 320-283-5713
P.S. Is the "Ms" crack an attempt to provoke me and to incite me to violence? Hmm? Inquiring minds want to know, don't they?
Government entities should respond in one of three ways 1. Provide access to the data (and copies when requested) 2. Inform you the data are classified as not public (must give statute section) 3. Inform you the data do not exist • Not responding is not a proper response. Minnesota Department of Administration - Information Policy Analysis Division - Can I ask for that? Government Data Practices Minnesota Statutes, Chapter 13 page 12.
c) Peace officers shall truthfully, completely, and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. Professional Conduct Of Peace Officers Model Policy MN STAT 626.8457 Attachment Brown Cnty SO Policy Manual. County Sheriff's Office LEXIPOL policy manual.pdf
No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. General Order 103.0 Page 4 of 7 North Branch Police Department General Order: 103.0 Effective: 1/12/2016 Subject: Professional Conduct Of Peace Officers - MN STAT 626.8457
_________________________________
More to come ...
Related links:
Armed Minnesota Animal Humane Society Humane Agent Keith Streff Wearing A Firearm In Case No. 83-CR-18-513 State Of Minnesota Vs Michael Charles Johnson? Will AHS Agent Streff Show Up Armed At June 28‐June 30th, 2021 & July 1– July 2, 2021 Jury Trial for Court File 46-CV-19-1224 Goldmount Veterinary Center, P.A. Vs Watonwan County, Animal Humane Society? Has Streff Ever Been Accused Of Impersonating An Officer? Let's Ask AHS Attorney Freitag, Okay? Should We Tell The St. James Plaindealer & The Martin County Star Editors About Watonwan Co. Attorney Lindee's Illegal Withholding Of Public Data? Lindee Knows That The Chapter 13 Data Will Toss A Monkey Wrench Into 46-CV-19-1224, Doesn't He
