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HomeMy WebLinkAbout11-7126IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH In RE: Petition of Better Days Animal No. 2011- 1(a(p League . CIVIL DIVISION PETITION FOR APPOINTMENT OF MICHAEL MARTIN AS HUMANE SOCIETY POLICE OFFICER 17) 01 M _:M r- _ -Urn CD TO THE HONORABLE, THE JUDGES OF SAID COURT: = Better Days Animal League, by its attorney, Norm??-a: 6 Bartko, hereby moves this Honorable Court for an Order appointing Michael Martin as a humane society police officer and respectfully represents in support thereof as follows: 1. Better Days Animal League is a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of providing cruelty investigative services to the public. Its principal office and place of business is located at 12310 Mongul Hill Road, Shippensburg, PA, 17257, Franklin County. Q *9a.oo po Anj CASH e 0? & y,71o Michael Martin has volunteered at your petitioner as an anti-cruelty investigator, assisting Dennis Bumbaugh, an appointed humane society police officer. Due to the volume of cases, there is a need for additional humane society police officers. 2. Your petitioner makes application for the appointment of Michael Martin as a humane society police officer under and in accordance with the provisions of the Humane Society Police Officers Act, Act of 2004, P.L. 1603, No. 205, as amended (the "Act"). A true and correct copy of the Act is attached hereto as Exhibit "A". 3. This Court has the jurisdiction and authority under Section 4 of the Act to appoint the said Michael Martin as a humane society police officer upon evidence that the said person has satisfactorily completed a training program established in accordance with the provisions of the Act and have provided with the application such documentation which the Court may require in such regard. 4. The applicant, Michael Martin, has successfully • completed a total of 68 hours of instruction, 32 of which hours were devoted to study of cruelty to animals laws, care and treatment of animals and Pennsylvania Rules of Criminal Law and Criminal Procedure, and 36 of which were devoted to animal husbandry practices, characteristics of agricultural animals evidencing violation of law and proper care and handling of agricultural animals. Such programs of instruction were provided by The National Animal Control Association and by The Pennsylvania State University College of Agricultural Sciences, which is a land grant institution. In addition, Mr. Martin has successfully completed State Animal Response Team Orientation Training. 5. Certificate evidencing the successful completion of the studies required by Section 5 is attached hereto, made a part hereof and marked Exhibit "B". 6. Attached hereto as Exhibit "C" is a criminal history information form required by Section 5 of the Act. 7. The said applicant, Michael Martin has met in all respects the requirements of the Act for appointment as a humane society police officer under the Act. WHEREFORE, your petitioner, Better Days Animal League, respectfully request that this Honorable Court fix a date for hearing for review of the qualifications of its employee, Michael Martin for appointment as a humane society police officer or, in the alternative, that it enter an Order appointing the said Michael Martin as a humane society police officer for Better Days Animal League in accordance with the Humane Society Police Officers Act, Act of 2004, P.L. 1603, No. 205, as amended. Norma J. Bait ko, Esquire Attorney ID No. 80135 545 Britton Road Shippensburg, PA 17257 (717) 448-7551 Respectfully submitted, Page 1 22 Pa. C. S. § 3701 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3701 (2011) § 3701. Scope of chapter. This chapter deals with humane society police officers. 22 Pa. C. S. § 3702 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS i to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3702 (2011) § 3702. Definitions. The following words and phrases when used in this chapter shall have the meanin s given to them in this section unless the context clearly Indicates otherwise: g Page 2 "Agricultural animal." --Any bovine animal, equine animal, sheep, fowl, wild or semlwild animal or fish or other aquatic animal that is being rai ed,lkep bird, transported or utilized for the purpose of or pursuant to agricultural production. "Agricultural production." --The production and preparation for market of agricultural animals and their products and of agricultural, agronomic, horticultural, sllvicultural and aquacultural crops and commodities. "Board. " --The Humane Society Police Officer Advisory Board. "Complainant." --Any person who has evidence that an Individual appointed as a humane society police officer has performed In a manner that is contrary to the standards, requirements and qualifications prescribed In this chapter for appointment of individuals as humane society police officers. The term also Includes a district attorney or a municipal solicitor. "Convicted." --A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere or receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition In the disposition of felony charges. "Cruelty to animals laws." --The provisions of 18 Pa.C S 5 " (relating to cruelty to animals). "Department." --The Department of Agriculture of the Commonwealth. Humane society police officer." --Any person who holds a current appointment under this chapter to act as a humane society police officer for a society or association for the prevention of cruelty to animals. The term shall Include an Individual who is an agent of a society or association for the prevention of cruelty to animals as "agent" Is used in 18 Pa 6 5511 (relating to cruelty to animals current appointment under this chapter. )? Provided that Individual holds a "Secretary." --The Secretary of Agriculture of the Commonwealth "Serious misdemeanor." --A criminal offense for which more than one year in prison can be imposed as a punishment. "Society or association." --A nonprofit society or association duly Incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to Incorporation generally) for the purpose of the prevention of cruelty to animals. 22 Pa. C. S. § 3703 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** Page 3 PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3703 (2011) § 3703. Appointment required. It shall be unlawful for any Individual to hold himself forth as a humane society police officer unless the individual has obtained an appointment pursuant to this chapter. PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexlsNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3704 (2011) § 3704. Appointment by nonprofit corporations. (a) Application for appointment. --A society or association may apply to the court of common pleas in any county for the appointment of an individual as a humane society police officer for that county. The court, upon such application which includes proof of qualification under section 3705 (relating to qualifications for appointment), shall by order appoint such person to be a humane society police officer. (b) Oath. --Every individual appointed as a humane society this chapter shall, before entering upon the duties of the office, lake ands ubsc ibe to to the oath required by Article VI of the Constitution of Pennsylvania. 22 Pa. C. S. § 3705 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3705 (2011) § 3705. Qualifications for appointment. An individual shall be qualified for an appointment police officer provided the society or association submits Proof sat sfacttory to the court common pleas in each county for which the society or association directs the Individual to act as a humane socie of requirements: tY police officer that the individual meets all of the following (1) Has been a resident of this Commonwealth for the previous 12 months. (2) Has successfully completed the training program established pursuant to section 3712 (relating to training program). (3) Has obtained a criminal history report from the Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record Information) or a statement want the Pennsylvania State Police that the Pennsylvania State Police central repository contains no pertinent Information relating to the individual who is the subject from application. The criminal history record Information shall be limited to that disseminated pursuant to 18 Pa.G S 6 a, ? of the (bT?? (relating to general regulations) ay be (4) Has not been convicted of an offense graded a felony or a serious misdemeanor. (5) Has not been convicted of any violation, Including a summary offense, of 12 Pa-C 5--- U (relating to cruelty to animals). (6) Has not been convicted of an offense In another jurisdiction, state, territo or country in accordance with the laws of that jurisdiction, state, territory or country equivalent to an offense graded a felony or a serious misdemeanor or an offense of cruelty to animals. 22 Pa. C. S. § 3706 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3706 (2011) § 3706. Suspension, revocation, limitation and restriction of appointment; restoration of appointment. (a) Grounds for suspension, revocation, limitation or restriction. --By Its own action or pursuant to a written affidavit filed by a complainant, the court of common pleas may, after conducting a hearing, suspend, revoke, limit or restrict an appointment of an individual to act as a humane society police officer In the county If the court determines any of the following: (1) Being convicted of a felony or a serious misdemeanor in any Federal or State court or being convicted of the equivalent of a felony in any foreign country, territory or possession. (2) Being convicted of an offense of cruelty to animals in any Federal or State court or being convicted of the equivalent of a cruelty to animals offense in any foreign country, territory or possession. (3) Presenting false credentials or documents or making a false or misleading statement In the application for appointment or a certification of completion of additional training or submitting an application for appointment or a certification for completion of additional training containing a false or misleading statement. (4) Carrying or possessing a firearm in the performance of his or her duties without certification pursuant to section 3711 (relating to limitation on possession of firearms). (5) The Individual has conducted his or her authority to enforce animal cruelty laws In a manner that Is substandard of conduct normally expected of humane society police officers. (b) Notice to department. --Upon action by the court of common pleas to suspend, revoke, limit or restrict an appointment, the clerk of courts of the county shall forward pursuant such to information section to the 3714 (relating department for the purpose of the Statewide registry established to Statewide registry). (c) Restoration. --The court of common pleas may restore a suspended appo an Individual If the Individual provides to the court evidence sufficient to arrrantment of restoration and the court determines the grounds for suspension have been satisfactorily corrected and the individual otherwise qualifies for appointment. 22 Pa. C. S. § 3707 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3707 (2011) § 3707. Termination of appointment. (a) General rule. --Ail powers and authority granted to an individual under section 3708 (relating to powers and authority; jurisdiction) shall immediately terminate upon notice to the Individual from the society or association for which appointed that services are no longer required of the individual. (b) Notice to court. --The society or association must file notice within ten days of a termination of an individual as a humane society in each county in which the individual has been appointed as achumane societ of courts officer. ty police (c) Notice to department. --The society or association must file notice within ten days of a termination of an Individual as a humane society police officer with the department for the purpose of providing information relevant to the Statewide registry established pursuant to section 3714 (relating to Statewide registry). 22 Pa. C. S. § 3708 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3708 (2011) § 3708. Powers and authority; jurisdiction. (a) Authority limited to county of appointment. --An individual appointed as a humane society police officer In accordance with this chapter shall have power and authority to exercise the powers conferred under 12Pa&.?S> > (relating cruelty to animals) In enforcement of animal cruelty laws only with particu aro county whose court of common pleas issued the appointment. The Individual has no power or authority to exercise the powers conferred under 18 Pa C S 6 SSA In any other county whose court of common pleas has not issued an appointment. (b) Notice to district attorney. --Prior to exercising the power and authority set forth by this chapter within a county, each appointed humane society officer shall file notice, along with a copy of the appointment granted i underthis chapter, with the district attorney of the county. (c) Shield. --Every Individual appointed as a humane society police officer under this chapter shall possess a metallic shield with the words "humane society police officer" and the name of the society or association for which the individual Is appointed displayed thereon. (d) Photo identification. --Every Individual appointed as a humane society police officer under this chapter shall have a photo identification card Issued by the department that contains the following; (1) A photo of the individual taken within the previous 24 months. (2) The name of the individual. (3) The signature of the Individual. (4) The name of the society or association for which the Individual is appointed as a humane society police officer. (5) The address and telephone number of the society or association for which the individual Is appointed as a humane society police officer. (6) The date of Issuance of the photo Identification card. 22 Pa. C. S. § 3709 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright 0 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3709 (2011) § 3709. Penalties. (a) Criminal penalties. --A person who violates this chapter commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of up to $ 1,000 or to imprisonment for not more than 90 days, or both. (b) Civil penalties. --In addition to any criminal penalties or other civil remedy, a person, association or society who violates this chapter may be subject to a civil penalty of up to $ 1,000. 22 Pa. C. S. § 3710 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LeXIsNeXIs Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3710 (2011) § 3710. Search warrants. Notwithstanding contrary provisions of 18 Pa C S & 551 ?? animals) and In addition to the requirements of existing law, all(seaarch wtarrant cruelty to applications filed In connection with alleged violations of cruelty to animals laws must have the approval of the district attorney In the county of the alleged offense prior to filing. 22 Pa. C. S. § 3711 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3711 (2011) § 3711. Limitation on possession of firearms. No individual appointed as a humane society police officer shall car use a firearm in the performance of that Individual's duties unless that Individual or holds a current and valid certification in the use and handling of firearms pursuant to at least one of the following: (1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training). (2) The act of October 10, 1974 (P.L.705, NO-235), known as the Lethal Weapons Training Act. (3) The act of February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs' Education and Training Act. (4) Any other firearms program that has been determined by the Commissioner of the Pennsylvania State Police to be of sufficient scope and duration as to provide the participant with basic training In the use and handling of firearms. 22 Pa. C. S. § 3712 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3712 (2011) § 3712. Training program. (a) Required training. --Every individual, prior to the society or association making application for appointment as a humane society complete the minimum requirements for initial trai in lice officer, shall successfully for initial training of humane socie 0 Prescribed in the program with subsections society police officers established In accordance (b), (c), (d) and (e). (b) Contracts. --The secretary, with the advice of the board, shall contract with an accredited college or university, Including a community college or other public or private entity, for the establishment of a program for the training of individuals to act as humane society police officers. The contracted entity shall forward information pertaining to an individual's successful completion of the initial training program to the department for the purpose of maintaining the Statewide registry established pursuant to section 3714 (relating to Statewide registry). (c) Minimum requirements. --The program for the training of humane society police officers shall Include at a minimum 60 hours of instruction In accordance with subsection (d). (d) Curriculum. --The program for the training of humane society police officers shall provide Instruction in the following instructional areas: (1) At least 36 hours of instruction shall be provided on the following: (I) Pennsylvania cruelty to animal laws. (ii) Pennsylvania Rules of Criminal Procedure. (ill) Care and treatment of animals. (iv) Proper execution of search warrants. (v) Proper search and seizure practices. (vi) Any other areas relating to law enforcement duties. (2) At least 24 hours of Instruction shall be provided on the following: (1) Animal husbandry practices constituting normal agricultural operation. (tt) Practices accepted in the agricultural Industry In the raising, keeping and production of agricultural animals. (ill) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animal laws. (Iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treatments administered and research conducted during the normal scope of veterinarian practices. (e) Final examination. --The training program shall require individuals, as a prerequisite to successful completion of the program, to take and pass a final examination that sufficiently measures the Individuals's knowledge and understanding of the instructional material. (f) Current officers. --Individuals who have been appointed as humane society police officers prior to the effective date of this chapter are exempt from the Initial training requirements pursuant to this section provided that the Individual can provide proof to the secretary of successful completion of a similar training program for humane society police officers established under the act of December 12, 1994 (P.L.956, No.135), known as the Humane Society Police Officer Enforcement Act. 22 Pa. C. S. § 3713 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* * * * AUGUST 22, 2011 ANNOTATION SERVICE * * * PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3713 (2011) § 3713. Continuing education program. (a) Required training. --During each two-year period following the date in which an individual has been initially appointed as a humane society police officer, the individual shall successfully complete the minimum requirements for additional training prescribed In the program for continuous education of humane society police officers established in accordance with subsections (b), (c), (d) and (e). (b) Contracts. --The secretary, with the advice of the board, shall contract with an accredited college or university, including a community college or other public or private entity, for the establishment of a continuing education program for the training of Individuals to act as humane society police officers. The contracted entity shall forward information pertaining to an individual's successful completion of the continuing education program to the department for the purpose of maintaining the Statewide registry established pursuant to section 3714 (relating to Statewide registry.) (c) Minimum requirements. --The continuing education program for the training of humane society police officers shall include at a minimum ten hours of Instruction in accordance with subsection (d). (d) Curriculum. --The program for the training of humane society police officers shall provide Instruction In the following Instructional areas: (1) At least six hours of instruction shall be provided on the following: (1) Pennsylvania cruelty to animals laws. (il) Pennsylvania Rules of Criminal Procedure. (111) Care and treatment of animals. (iv) Proper completion of search warrants. (v) Proper search and seizure practices. (vi) Any other areas relating to law enforcement duties. (2) At least four hours of Instruction shall be provided on the following: (1) Animal husbandry practices constituting normal agricultural operation. (ii) Practices accepted In the agricultural industry in the raising, keeping and production of agricultural animals. (I1I) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animals laws. (Iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treatments administered and research conducted during the normal scope of veterinarian practices. (e) Automatic suspension. --Failure to complete the continuing education program as prescribed in subsection (a) shall result In an Individual's automatic suspension of the powers and authority set forth In section 3708 (relating to powers and authority; Jurisdiction) until such time as the individual successfully completes the continuing education requirements. 22 Pa. C.S. § 3714 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright @ 2011 by Matthew Bender & Company, Inc., a member of the LexisNexls Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3714 (2011) § 3714. Statewide registry. (a) Establishment. --There Is hereby established a Statewide registry within the department for the purpose of maintaining Information relating to Individuals appointed as humane society police officers. (b) Access to registry. --The Information Included within the Statewide registry shall be made accessible to the public through the department's World Wide Web site and shall Include the following: (1) The name of each Individual appointed as a humane society police officer. (2) The name and address of the society or association for which each individual is appointed as a humane society police officer. (3) The counties in which the Individual has been appointed as a humane society police officer and dates of appointment. (4) The counties In which the Individual has had an appointment revoked sus limited or restricted, the action taken by the court and dates of action. Fended, (5) The dates of successful completion of the training 3712 (relating to training program) and the continuing education p ogrlam established in section 3713 (relating to continuing education program). (c) Updates. --The department shall update the registry within ten days of receiving information required for Inclusion on the Statewide registry. (d) Confidential information. --At no time shall the home address or any other related personal Information of an individual appointed as a humane society police office be made public through the Statewide registry. 22 Pa-CS. § 3715 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright © 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3715 (2011) § 3715. Humane Society Police Officer Advisory Board. board The secretary shall A visory isory Boa d to advise him In the administrrati t a Humane Society Police Officer on of this chapter. (b) Membership. --The board shall consist of the following: (1) The secretary or his designee, who shall act as a chairman. (2) A representative of a society or association for the prevention of cruelty to animals. (3) A humane society police officer. (4) A representative of a Statewide veterinary medical association. (5) A representative of a farm organization. (6) A district attorney or his designee. (7) A representative of the police. (8) A district justice. (9) A court of common pleas judge or his designee. (10) A clerk of courts. (11) A representative of the Pennsylvania Game Commission. (c) Terms. --The length of the Initial term of each appointment to the board shall be set by the secretary and shall be staggered so that the terms of approximately one-third of the appointments expire every other year. (d) Absences. --Three consecutive unexcused absences from regular board meetings or failure to attend at least 5o% of the regularly scheduled board meetings in any calendar year shall be considered cause for termination of appointment unless the secrets upon written request of the member, finds that the member should be excused from at et ,ndi g a meeting because of illness or death of a family member or for a similar emergency. (e) Vacancies. --Vacancies in the membership of the board shall be filled for the balance of an unexpired term In the same manner as the original appointment. (f) Recommendations. --The board may make nonbinding recommendations to the secretary on all matters related to the provisions of this chapter. 22 Pa. C. S. § 3716 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright ® 2011 by Matthew Bender & Company, Inc., a member of the LexlsNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3716 (2011) § 3716. Costs. In addition to any fines, fees or other penalties levied or Imposed under this chapter any other statute, a cost of $ 50 shall be Imposed upon conviction for any violation of Pa. S b S> > (relating to cruelty to animals) other than a summary offense. Co or collected under this section shall be disposed of in accordance with section 3717 (relating to disposition of moneys). Costs in 22 Pa. C. S. § 3717 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright p 2011 by Matthew Bender & Company, Inc., a member of the LexlsNexis Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* *** AUGUST 22, 2011 ANNOTATION SERVICE *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3717 (2011) § 3717. Disposition of moneys. Notwithstanding the provisions of 42 Pa C S §S-2= Portion of fines, etc.) and 3573 (relating to municipal corporation portion of finesltetc. all costs Imposed and collected under sections 3709 (relating to penalties) and 371 (relating to costs) by a division of the unified judicial system existing under 6 ), and 4221S sr&jLQn_L of judicial system) shall be remitted to the Commonwealth for use y(the departme t unified reting to administering this chapter. or 22 Pa. C. S. § 3718 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS (R) Copyright m 2011 by Matthew Bender & Company, Inc., a member of the LexisNexls Group. *PA.C.S. DOCUMENTS ARE CURRENT THROUGH 2011-75, July 7, 2011* *P.S. DOCUMENTS ARE CURRENT THROUGH 2011 ACTS 1 to 52, 63 and 67* * * * AUGUST 22, 2011 ANNOTATION SERVICE * * * PENNSYLVANIA CONSOLIDATED STATUTES TITLE 22. DETECTIVES AND PRIVATE POLICE CHAPTER 37. HUMANE SOCIETY POLICE OFFICERS 22 Pa.C.S. § 3718 (2011) § 3718. Applicability to currently appointed individuals. Any Individual appointed prior to the effective date of this chapter as a humane society police officer In the county of the registered office of the society or association for the individual was previously appointed shall not be required to apply for appointment by which the court of common pleas In that county under this chapter. Such Individual sha be required to apply forappointment pursuant to section 3704 (relating to appointment by nonprofit corporations) In each county other than the Initial county of appointment if directed by the society or association. JRte Natkna awmat eontwi ajjociatioa mexev ezdgk6 Jbat AfkAad Ataditt flw ouccea,6Adl# com pteted ffm Yenmveucuua Mumane S"Iet* Jaiiw Vgk u ,Inairc ng Jarnt 1 32 few o 3&W,Aug, J"ennav&an a ?n WMne60 lU&wo f W6 i4 awaukd Afa* 2, 2011 National Animal O Control W. Jl ?s l?i?cec,tcvc Association nW PFOFESSKM S FX "-l B IT 1?? 11 NATIONAL ANIMAL CONTROL ASSOCIATION SERVING GOVERNMENTS & NONPROFITS SINCE 1978 Assoclatim PA Humane Officers Class - Harrisburg, PA - May 2-5, 2011 - Summary Sheet: Name: Michael Martin Final Exam Score: 86% Class Average 85% On behalf of the National Animal Control Association, thank you for participating in this training program. For information regarding other NACA training programs, please visit www nacanet.or? for our current schedule and to download registration forms. The training course you just attended requires a 70% passing grade. If you successfully completed this program, a certificate is also enclosed. No retest is offered for this course. Again, thank you for your continued support of the National Animal Control Association. FRom THE DESK OF... JOHN W. MAYS EXECUTIVE DIRECTOR NATIONAL ANIMAL. CONTROL ASSOCIATION P.O. Box 480851 KANSAS CITY, MO. 64148 913-768-1319 Fax: 913-768-1378 lbs. .. -. L? ?'s 5 ?# - THE PENNSYLVANIA STATE UNIVERSITY In I 4 ? S r I J? l ?vLLr,(, E OF AGRICULTURAL SCIENCES CERTIFICATE OF COMPLETION Michael has successfully completed Pennsylvania Humane Society Police Officer Training Part H - Animal Husbandry (36 hours) offered in May 2,011 by Department of Dairy and Animal Science and Cooperative E i tension In Witness whereof this certificate is awarded 27 May 2011 Coordinator/Instructor jgiijane Society Police O 14aer Training Program .. ..win, ?11I 74;: W7-1 of 1 ;1 gg ,r Humane Society Police Officer Training: Animal Husbandry section May 16-20,2011 Congratulations, Michael! You have passed this course with the following scores. Michael Martin Quiz Average: 87.20% Final Exam: score 61; % on final: 81% Total score: 83% (Remember the quizzes counted 25% and the final counted 75% of your total score.) The average on the final was 85% (64 correct) with a range from 72% to 98% (54-74 correct). The overall class total score average was 86% I have enclosed this score page, your certificate of completion, and a certificate for completing SART orientation. Thank you for being an enthusiastic class even when the weather wasn't very cooperative. I appreciate all the sharing everyone did of information, resources, and some excellent questions. Several instructors commented on the insightful questions this group had and your attentiveness during class. I enjoyed having all of you in class this spring! Stay cool this summer, - rends Brenda Coe, Ph.D. Coordinator and instructor PA Humane Officer Training Program STATE ANIMAL RESPONSE TEAM ORIENTATION TRAINING Certificate of Completion presented to Michael Martin FOR SUCCESSFUL COMPLETION OF SART ORIENTATION TRAINING V\ 44t- Executive Director, PASART C inator or T 0 ffi Signature Pennsylvania Access To Criminal History - Record Check Certification Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, Pennsylvania 17110 Response for Criminal Record Check DENNIS LEE BUMBAUGH 12310 MONGUL HILL ROAD SHIPPENSBURG PA 17257 TO WHOM IT MAY CONCERN: TELEPHONE (866) 493-3590 THE PENNSYLVANIA STATE POLICE DOES "6M8Y CVM1FY THAT: Name: Martin,M chael McC ay Mr Date of Birth: 11/13/1957 Social Securlty-*: 205-50-4905 Sex: M Race: White Date of Request: 06/22/2011 12:30 PM Purpose of Request: Volunteer Maiden Name and/or Alias (1) (3) (2) (4) Page 1 of 1 *** HAS NO CRIMINAL RECORD IN PENNSYLVANIA BASED ON A CHECK BASED ON THE ABOVE IDENTi RS - REFER TO CONTROL *RSW1228 *** THE RESPONSE IS BASED ON A COMPARISON OF DATA PROVIDED BY THE REQUESTER AGAINST INFORMATION CONTAINED IN THE FILES OF THE=PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY ONLY. PLEASE CONFIRM IDENTIFIERS PROVIDED. POSITIVE IDENTIFICATION CANNOT BE MADE WITHOUT FINGERPRINTS THE PENNSYLVANIA STATE POLICE RESPONSE DOES NOT PRECLUDE THE EXISTENCE OF CRIMINAL RECORDS, `WHICH- MIGHT BE CONTAINED IN THE REPOSITORIES OF OTHER LOCAL, STATE, OR FEDERAL, CRIMINAL JUSTICE AGENCIES. THE INFORMATION ON THIS CERTIFICATION FORM CAN BE VALIDATED BY ACCESSING THE PENNSYLVANIA ACCESS TO CRIMINAL HISTORY (PATCH) RECORD CHECK STATUS SCREEN https://epatch.state.pa.us MCStatus rCh.jS#) AND SUBMITTING A STATUS CHECK REQUEST THAT CONTAINS THE FOLLOWING SUBJECTS NAME-(EXACTLY AS INITIALLY ENTERED), CONTROL NUMBEit AND DATE OF REQUEST. PATCH WILL FIND AND DISPLAY THE CORRESPONDING RECORD CHECK REQUEST. DERAILS ON THE REQUEST CAN BE VIEWED BY CLICKING ON,THE CONTROL NUMBER. YOU WILL BE ABLE TO VERIFY IF THIS REQUEST WAS SENT OUT AS A NO RECORD OR RECORD RESPONSE BY THE PENNSYLVANIA STATE POLICE. QUESTIONS CONCERNING THIS CRIMINAL RECORD CHECK SHOULD BE DIRECTED TO THE PATCH HELP LINE TOLL FREE AT 1-888-QUERY-PA.(1-888-783-X972). Certified by: Lieutenant Kevin I. Deskiewicz, Director Criminal Records and Ideritfication Division Pennsylvania State Police DISSEMINATED BY: SYSTEM 06/22/2011 f7y,q l 3 r 7- https://epatch.state.pa.us/RecordCheckCertjsp?regName=*OpOJ45RkkR9pAWiR55AW2R... 6/22/2011 Pennsylvania Access To Criminal History - Background Check Results Page 1 of 1 Commissioner, Pennsylvania State Police Gov.Thomas W. Corbett Home Record Check Help IV Record Check Request Results The results of your background check requests are displayed below. This page will automatically refresh several times and update the status of your record checks. Please wait until proceWng has flnished before reviewing any background checks. Once processing is complete, click on the Control Number hyperlink to view the details of a specific record check. Record Check Results Control # Subject Name Date of Request R8001226 Martin,Michaei McClay 06/22/2011 12:30 PM 1 Record Check(s) Status No Record Home I Record Check I Help I Privacy Policy I PA State Police Home Pape Pemmovanla Name S1ke © Copyright 2003-04, Commonwealth of PA - Pennsylvania State Police This Web Site is for Informational Purposes Only - If you have an emergency, crime, or incident to report, please contact your nearest Police Agency or call 911. htVs://epatch.state.pa.us/RecordcheckResponr e jsp?refreshCount=l 6/22/2011