THE ASSEMBLY

STATE OF NEW YORK COMMITTEES

ALBANY Banks
Cities
Consumer Affairs and Protection
Environmental Conservation
Steering

MICAH Z. KELLNER
th
65 Assembly District

August 31, 2010

John C. Liu
City Comptroller
Municipal Building
One Centre Street
New York, NY 10007

Dear Comptroller Liu:

Enclosed is a letter I sent to Mayor Bloomberg and Health Commissioner Dr. Thomas
Farley today expressing my concerns about new volunteer policies adopted by Animal Care &
Control of New York City (ACC), which state, inter alia, that volunteers may not “publicly
criticiz[e]” the agency or cast it “in a negative light.” As I wrote to the Mayor and the
Commissioner, these new policies violate volunteers’ constitutional rights, and are clearly
inconsistent with court decisions protecting whistleblowers and establishing that the opportunity
to serve as a volunteer is a protected government privilege.

I have a number of questions and concerns regarding the operation of ACC, which
operates by contract with the City of New York and is funded through the City’s Department of
Health and Mental Hygiene. While ACC was formed as a 501(c)(3) not-for-profit corporation, it
operates as a de facto government agency; its board members are appointed by the Mayor and
the DOHMH Commissioner serves as the board’s Chair. I would appreciate the opportunity to
meet with you to discuss what oversight your office might be able to provide with respect to this
contract and the agency’s policies and procedures.

Thank you for your consideration. If you have any questions, please do not hesitate to
contact me at (212) 860-4906.

Very truly yours,

Micah Z. Kellner
Assembly Member
MZK/phc

▫ 834 Legislative Office Building, Albany, NY 12248  (518) 455-5676, FAX (518) 455-5282
▫ 315 East 65 Street, New York, NY 10065  (212) 860-4906, FAX (917) 432-2983
E-mail: KellnerM@assembly.state.ny.us