Kane County animal control advisory committee may be illegal

Kane County officials only wanted to reform their animal control agency when it decided to form a permanent advisory committee and pick the brains of local animal experts.

The suspension and resignation of the agency’s former director, followed by a lawsuit and disappointing revenue performance, fueled the need for reform. But the Kane County state’s attorney’s office is wary that a good-faith effort may have surpassed the county’s legal authority.

Kane County Animal Control operates under the umbrella of the county’s health department.

Paul Kuehnert, the department’s executive director, this week explained to county board members the tightrope nature of the advisory committee’s existence. Mixing government with private businesses — such as local animal hospitals, veterinarians and rescue shelters — for a discussion of best practices can get sticky, he said.

“Are you really creating a government entity on the local level that has a much broader scope that’s going to say we have the power to establish standards for private entities?” Kuehnert asked. “What you want is information to advise on what you have control over, which is Kane County Animal Control. You’re really asking people to come in and advise you, not the other way around.”

The gray area comes into play when the advisory board’s discussions result in changes to animal control that affect the private companies.

For instance, animal control officials are thinking of moving to a mandatory online payment system. But such a change might force private companies to change the way they do their billing and make payments.

The county’s legal team must now determine exactly what laws give the county the authority to create such an advisory board and what limitations exist on the authority of the advisory board.

County board member Bonnie Kunkel said she is puzzled about why the legalities of the advisory board weren’t investigated before board members being told they had to create it.

“I don’t think our intent was to establish standards,” Kunkel said. “But I do see this body as advisory, and I do see it as permanent.”