Cities Index.
Letters from the Public

Neighborhood Services and Education Committee (nse)
October 8, 2026

Document
Letters from the Public
Meeting
October 8, 2026
Body
Neighborhood Services and Education Committee (nse)
Original file
8.4 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

1 Wylie, Monica
From: Wilcox, Quentin
Sent: Monday, July 20, 2026 2:36 PM
To: Wylie, Monica
Cc: Lee, John; Tuyor, Gregory
Subject: Re: ACS limited public access opportunity
Hello Monica,
No, there really is no guidance regarding limiting public access while under a fire watch order. Fire watch is designed to be a stop-gap measure to provide for the same level of protection that was lost due to the system being out of service. Abiding by the terms of the fire watch allows for normal operations.

Respectfully,
Quentin Wilcox
Fire Captain | Bureau of Fire Prevention
San José Fire Department
City of San José
200 E Santa Clara Street, 2nd Floor Tower
San José, CA 95112
Office: 408-535-7670 | Cell:

Website | Facebook | Instagram | X

From: Wylie, Monica <[email protected]>
Sent: Monday, July 20, 2026 2:27 PM
To: Wilcox, Quentin <[email protected]>
Subject: ACS limited public access opportunity

Hello-

I will be sending over our Fire Watch sheets later today. And will plan on doing so on Mondays.

Is there a staffing ratio or formula for allowing limited public access to the facility while we are under Fire Watch? Or recommendations?

For example: 30 staff members = 60 members of the public, etc.

Thank you for your guidance.
2 Monica

Monica Wylie, CAWA
Deputy Director
Public Works Department
City of San José Animal Care and Services
2750 Monterey Road
San Jose, CA 95111

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

For your pre-NSE Meeting review, attached and linked here is a Rebuttal to the ACS 2025-2026 Annual Report, Agenda Item (d)2.

Attachments A and B referenced in the rebuttal are also attached, and links are provided in the rebuttal as well.

Among other findings, the Report's Live Release Rates come with no calculation or Asilomar report, its shelter comparisons are unsourced, and 7,375 of its 19,065 field calls are unexplained. By ACS's own numbers, the cat Live Release Rate fell to 80%, a ten-year low, and cat euthanasia rose 19%, even though cat intake fell 7%.

We ask the Committee to:

1. Decline to accept the Report and direct ACS to resubmit it with the documents listed in Section 4 of our rebuttal.

2. Direct ACS to return with a measurable plan to reverse the alarming decline in cat outcomes, without waiting for a revised report.

Please include this rebuttal in the public record for this item before the meeting and reply to confirm receipt.

Thank you,
San José Animal Partners
A group of shelter advocates

REBUTTAL TO ANIMAL CARE & SERVICES
2025-2026 ANNUAL REPORT
October 8, 2026 - Neighborhood Services and Education Committee Agenda Item (d)2 Submitted by: San José Animal Partners (a group of animal advocates) on October 6, 2026 Attachment A - ACS Asilomar Report FY 2024-25
Attachment B - San José Animal Partners Mock Asilomar Report FY 2025-26 (analysis using the Report’s own figures).

Opening Statement
For years, the Mayor and City Council have accepted reports from Animal Care & Services with unanimous approval. We are not aware of any instance where a no vote has been issued. This pattern implies an unwritten agreement that every report will be a pass-through. To clarify: as advocates we consider this a dereliction of duty, and it has not gone unnoticed.

Any councilmember who votes to accept this report without the source documents behind its claims is doing so knowingly. Those votes contribute to a culture of controlling the narrative rather than caring about what is happening to animals in the City’s care. As the findings below show, this report gives councilmembers no basis for acceptance.

We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

Executive Summary
The Annual Report, as submitted, is not a complete report. It makes claim after claim that cannot be verified from anything it provides: Live Release Rates with no calculation, comparisons to other shelters with no sources, “48 new Rescue Partners” with no names, a Field call total that exceeds its own breakdown by 7,375 calls, and a declaration that audit recommendations are complete when that is disputed and unverified. We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

Findings:
• The stated Live Release Rates may be correct but calculations are not provided. The Report shows no calculation, discloses no exclusions, and omits the Asilomar form its methodology depends on.
• By ACS’s own numbers, results declined. The overall Live Release Rate fell from

89.05% to 86.22% and the cat Live Release Rate from 85.99% to 80%. Adoptions fell 11%, cat adoptions 17%, while cat euthanasia rose 19%. The Report calls this “strong.” • The cat Live Release Rate is at a ten-year low, even though the shelter’s budget has more than doubled.
• Rescue transfers remain a fraction of past levels, and the Report hides the trend inside one merged figure.
• The comparisons to other shelters are unsourced and, where we could check them, do not match those shelters’ own published data.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 1 • Field service numbers do not reconcile: 7,375 calls (39%) of the 19,065 total are unexplained.
• Claims of 48 new rescue partners, a completed audit, and community engagement are unsubstantiated or disputed.
• The Report omits the dramatic decline of dog playgroups, the program behind the one genuinely strong number in the Report, the dog Live Release Rate.

1. The Reality Under Which This Report Is Submitted
The Report describes a year of “strong progress.” It acknowledges none of the longstanding concerns about this shelter, which three independent reviews have corroborated:
• Maddie’s Million Pet Challenge (2022): more than 200 recommendations covering overcrowding, staffing, animal flow and weak data management. • City Auditor (November 2024): eight findings and 39 recommendations, including capacity constraints, gaps in protocols and recordkeeping, and declining engagement with rescue partners.
• Civil Grand Jury (May 2026): found that transfers to rescue organizations declined significantly, animals stay longer than in FY 2021-22, and animal deaths have increased. It also found that ACS changed data categories and methodologies without explanation, and raised a trust gap with advocates.

What happened in FY 2025-26, none of which the Report mentions:
• July 2025: former employees, volunteers and rescue groups publicly called for new shelter leadership, alleging mistreatment of animals and retaliation against people who raised concerns (San José Spotlight, July 13, 2025).
• January 2026: the shelter was over capacity and asked the public to keep stray dogs (NBC Bay Area, January 13, 2026). The same month, advocates retained an attorney and sent the City a letter demanding immediate improvements (Mercury News, January 13, 2026). This resulted in immediate retaliation.
• March 2026: on a shelter tour, the Grand Jury saw air flowing from the closed quarantine ward into a public hallway, meaning the ventilation was working in reverse, and found the condition should have been caught and corrected by trained staff. • March 2026: the City Auditor reported all 39 recommendations implemented or addressed. The Grand Jury notes this relied on documentation supplied by the shelter, with no onsite follow-up audit.
• May 2026: the Grand Jury found more than 800 animals in five years of shelter data with no recorded outcome, and that prior-year intake had been restated (FY 2023-24 intake appeared as 13,212 in one annual report and 12,233 in the next). • August 1, 2026: ACS was moved from Public Works to PRNS.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 2

2. Response to the Report’s Claims

2.1 “Compares favorably”: the Live Release Rates cannot be verified The Report says ACS “compares favorably” with other Bay Area shelters and states Live Release Rates of 95% for dogs, 80% for cats and 86.22% overall, claiming one of the highest among large municipal shelters in the region. It shows no calculation. We ran one.

Dogs Cats All animals
Rate stated in the Report 95% 80% 86.22%
Rate from the Report’s own Chart 2 counts,
Asilomar formula, no exclusions

86.0% 78.6% 82.0%
Euthanasias that would have to be excluded
to reach the stated rate (approx.)
385 107 527
Source: Report, Chart 2 (live outcomes and total euthanasia by species); Asilomar formula = live outcomes ÷ (live outcomes + euthanasia). See Attachment B.

The Asilomar formula allows one major exclusion: euthanasia requested by an owner for an animal the shelter itself classifies as Unhealthy and Untreatable. ACS’s own FY 2024-25 Asilomar Report (Attachment A) demonstrates how that exclusion works.

It removed 604 of 1,785 euthanasias (34%) from the calculation, including 474 of 622 dog and puppy euthanasias (76%). The stated FY 2025-26 rates are consistent with a similar exclusion of roughly 527 euthanasias.

The FY 2025-26 Report discloses none of this: no exclusion, no count, no classification criteria, and no Asilomar form. It also says nothing about animals that died or were lost in shelter care (335 in FY 2024-25 per Attachment A), which the Asilomar rate also leaves out. The 95%, 80% and 86.22% are therefore assertions, not results the Committee can check.

The stated rates *may be* correct. However, this report asks the Committee to take its numbers on faith. Given ACS’s track record and the low-to-no trust environment, a higher level of scrutiny is in order.

Chart 3 in the Report also lists San José’s euthanasia rate as 14%. ACS’s own counts show 1,937 euthanasias on 11,219 intakes, about 17%. The Report does not say what the 14% includes or excludes.

2.2 By ACS’s own numbers, outcomes got worse
Comparing ACS’s FY 2024-25 Asilomar Report with the FY 2025-26 Report:

Measure FY 2024-25 FY 2025-26 Change
Overall Live Release Rate 89.05% 86.22% −2.8 points
Cat Live Release Rate 85.99% 80% −6.0 points
Dog Live Release Rate 95.26% 95% flat
Total live outcomes 9,600 8,820 −780 (−8.1%)
Adoptions 4,639 4,131 −508 (−10.9%)
Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 3 Measure FY 2024-25 FY 2025-26 Change
Cat adoptions 3,160 2,614 −546 (−17.3%)
Cat live outcomes 6,131 4,889 −1,242 (−20.3%)
Cat intake 7,176 6,644 −532 (−7.4%)
Cat euthanasia 1,116 1,329 +213 (+19.1%)
Source: ACS Asilomar Report FY 2024-25 (Attachment A; puppies counted with dogs and kittens with cats to match the Report’s categories) and FY 2025-26 Report, Charts 1 and 2. FY 2025-26 rates are as stated in the Report.

Cat intake fell 7%. Live cat outcomes fell 20%. Cat euthanasia rose 19%. None of these declines are acknowledged in the Report.

2.3 The cat Live Release Rate is at a ten-year low
Fiscal year Cat LRR
2016-17 89.0%
2017-18 90.0%
2018-19 91.0%
2019-20 90.0%
2020-21 90.0%
2021-22 87.9%
2022-23 83.2%
2023-24 85.6%
2024-25 86.0%
2025-26 80.1%
Source: shelter records. FY 2024-25 (86.0%) matches ACS’s Asilomar Report (85.99%); FY 2025-26 (80.1%) matches the Report’s stated 80%.

The cat rate fell six full points in a single year, from 86% to 80%, the sharpest drop in the series and the lowest rate in the ten years that the shelter provides on its public dashboard. Improving the cat Live Release Rate must be a TOP PRIORITY. Resources have increased. Results have decreased.

In FY 2020-21 the shelter took in 9,958 cats with a budget of about $9.6 million and 76 staff, and its cat Live Release Rate was 90%. In FY 2025-26 it took in 6,644 cats with a budget of roughly $17.5 million, nearly $8 million more, and 102 budgeted staff, and the rate is 80% (budget and staffing: Civil Grand Jury Report, Figure 1; FY 2020-21 intake: Figure 2).

It is disturbing that the Report characterizes live outcomes as 'strong' in a year when the cat Live Release Rate fell to 80%. This is misleading to the Committee and the public and has no basis in reality.

The Report blames a “very high-risk population” using the classification of “Unhealthy/Untreatable” (U/U) for the low Cat LRR. However, by its own figures, only 34% of cats and 41% of kittens were classified as U/U, which means most were not. That category also includes unweaned kittens, and the Report says 89% of U/U kittens were saved.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 4 If the number of U/U cats is being offered as an explanation for poor feline outcomes, Committee members should ask management to explain how kittens can reportedly have the higher U/U percentage, an 89% U/U Live Release Rate, and yet experience a dramatic increase in euthanasia.

Given that 34% of adult cats were identified as U/U, it stands to reason that 66% were identified as healthy or treatable. Adult cat euthanasia is flat year over year ( 24-25: 709 vs 25-26: 715). Is the shelter’s move away from Return to Field (RTF) putting healthy adult cats at a higher risk of euthanasia?

2.4 “Live outcomes remain strong across adoption, rescue partners, return-to-owner, and return-to-field pathways”
This statement cannot be substantiated.

Adoptions. Cat adoptions fell 17.3% year over year, from 3,160 to 2,614, and total adoptions fell 10.9%, from 4,639 to 4,131 (Attachment A and Report, Chart 2). The Report presents 4,131 adoptions as an accomplishment without noting the decline.

Rescue & Transfers. The Civil Grand Jury found that transfers to rescue partners fell from 4,776 in FY 2020-21 to 1,159 in FY 2024-25 and that rescue placements had not yet improved.

ACS’s public dashboard shows combined rescue and transfer outcomes of:
1,455 (FY 2022-23)
1,264 (FY 2023-24)
1,159 (FY 2024-25)
1,475 (FY 2025-26)
These dashboard figures differ from the Report's 2,710 "Rescues/Transfer" figure; ACS has not explained what the 2,710 includes (see Section 4, item 3). Even with this year's overall rescue and transfer combined uptick (1,159 FY 24-25 to 1,475 FY 25-26), rescue partner participation has not recovered. In fact, at the December 2023 NSE Meeting, former ACS Deputy Director Jay Terrado admitted that rescues had been “ignored” and pledged to re-engage with them.

Sadly, the data does not confirm this.

Rescue Only:
3,700 (FY 2020-21)
2,663 (FY 2021-22)
1,138 (FY 2022-23)
804 (FY 2023-24)
691 (FY 2024-25)
691 (FY 2025-26)
Rescue partner participation remains at 691 for a second straight year, down 39% since FY 2022-23. The Report's merged 2,710 figure does not show this.

Return to Owner (RTO). The Report lists 1,113 RTOs (963 dogs, 135 cats and 15 other animals) but gives no RTO rate, so there is no way to tell what percentage of lost pets are actually being reunited with their families.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 5 Return to Field (RTF). The Report lists 866 cats RTF’d, nearly 18% of all live cat outcomes.

RTF is a legitimate outcome for community (feral) cats who cannot be homed. It is also the quickest way to move a cat out of the shelter and count it as a live outcome. The Report does not say how many of the 866 were unsocialized community cats and how many were friendly, adoptable cats, what criteria were used to make that distinction, or how the 866 relates to its reported 689 Spay-Neuter-Return and 2,000 Trap-Neuter-Return surgeries. Without that breakdown no one can tell whether the cat rate reflects cats being homed or cats being returned to the street.

2.5 “Added 48 new Rescue Partners”
Absent a list of those organizations and the number and species of animals each one has pulled, this claim cannot be verified. Rescue transfers are a major component of the live outcomes behind the Live Release Rate, yet rescues have been systematically disenfranchised.

Are these new partners actually pulling animals? How many of the new 48 have pulled even one? What share of the dogs and cats going to rescue is pulled by each partner, and how concentrated is it among a handful of organizations?
For example, in the first six months of 2026, just 10 cat rescues pulled 402 cats. This is an alarmingly narrow group doing much of the heavy lifting for the shelter when it comes to live outcomes. Just four years ago, in FY 2021-22, the top 20 cat rescue partners pulled 2,252 cats.

2.6 The regional comparison
Chart 3 and the “Agency Comparison” gives no sources, time periods or methods. Where we could check them, they do not hold up:
• San Francisco Animal Care & Control publishes a single combined dog-and-cat Live Release Rate (88% for FY 2024-25), not the identical 89% for each species shown in Chart 3.
• Oakland Animal Services publishes raw counts through 2023 on its statistics page and, in our search, no current Live Release Rate. We could not trace the Report’s 95% (dogs), 92% (cats) or 6% euthanasia figures to any source.
• Contra Costa Animal Services is the closest match, but its published 2026 figures are calendar year-to-date, not the fiscal year used in the Report. • The Report cites “Best Friends’ data” without identifying it. Shelters also treat owner-requested euthanasia, RTF and transfers differently, so rates are not comparable unless recalculated on a common basis. The Report does not do that.

The Report also states that San Francisco Animal Care & Control “does not accept kittens under four weeks of age.” SFACC’s own website tells finders of bottle-baby kittens to call or email to schedule an intake appointment (sfanimalcare.org/how-to-care-for-foster-kittens). At a minimum, the Report’s description of SFACC’s practice is incomplete, yet it is used to excuse San José’s own kitten outcomes. The Report’s claim about Oakland’s kitten intake is likewise unsourced and the Oakland website contradicts the claim made (https://www.oaklandca.gov/Community/Pets-Animals/Foster-a-Pet/Cat-Kitten-Foster-Program).

2.7 Field Services: the numbers do not add up
The Report says Field Services handled 19,065 calls, but its Priority 1, 2 and 3 calls add up to only 11,690. It never explains the missing 7,375 calls (39%). It says the total “includes follow-up calls,” but gives no count of follow-ups or of anything else in the gap. It does not say how many calls went unanswered or uncompleted. It gives response times only for Priority 1 calls, while Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 6 Priority 2 and 3 calls, which grew by 1,855, get no response or completion data at all. The “completed calls” chart simply repeats the call totals. ACS should provide a breakdown of the 19,065 calls and the number of calls completed and uncompleted in each priority.

2.8 “Strong progress” on the audit
Staff say the audit is complete. There is widespread disagreement with that claim. Audit-related Public Records Act requests remain incomplete, and the City Auditor’s March 2026 status report rested on documents supplied by the shelter “for one point in time” without an onsite follow-up.

A shelter cannot certify its own audit as complete while withholding the records that would let anyone check.

2.9 “Strategic” intake
ACS has moved to strategic/managed intake. It is not clear this is legal. ACS is an open-admission shelter with a mandatory duty to take in the very animals it is turning away. That question is also being taken up in the legal action against the City. The Civil Grand Jury recommended that the City report the number of animals turned away due to capacity limits.

The Report gives no number. Animals turned away at the door appear nowhere in this Report.

For context, it’s important to note that at a Stakeholder’s Meeting in February of 2023 hosted by Deputy City Manager Angel Rios, the former ACS deputy director Jay Terrado was “ordered” by Mr. Rios to start “logging” the animals that were being turned away by the shelter. Former NSE councilmember Magdalena Carrasco also made a similar suggestion at the December 2022 NSE Meeting to gain a better idea as to whether the shelter was “dodging” its responsibilities to the community. It is concerning that these two “directives” have never been complied with.

Likewise under Monica Wylie’s direction the shelter recently closed its doors to the public, in favor of a previously tried and failed post-COVID experiment - “concierge adoptions”. This results in no eyes on the animal; it is not necessarily legal and we have already witnessed a drop in adoptions as a result. Adoptions during the month of September 2026 were 57 animals less than the average of the three previous years for the month of September. August is not a fair comparison given that August was the Annual Clear Our Shelter month.

2.10 Other claims in the Background section
Realignment to PRNS. The Report presents this move as a better “fit.” It does not mention that the move was made at least in part because the shelter, under Public Works and specifically Matt Loesch, the Public Works Director, has been on a long and well-documented downward trajectory. A new reporting line does not erase that record.

Exotic, wild and farm animals. The Report says these animals go to rescue partners. As recently as 2024, wildlife went to the Wildlife Center of Silicon Valley under a contract. ACS should clarify whether that contract is still in place and where wildlife now goes.

2.11 Dog playgroups: what the Report leaves out
Dog outcomes are a bright spot in this Report, and it is no accident. The herculean efforts of volunteers getting large numbers of dogs out of the kennels is a primary factor. Daily dog playgroups likewise are a nationally recognized best practice with a documented record of improving Live Release Rates. Beginning in July 2022, the ACS playgroup program was built from scratch by Partners in Animal Care & Compassion (PACC) and shelter volunteers. The Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 7 Report fails to mention that playgroups are now in a steep decline1 . Volunteer-tracked data
show Saturday playgroups falling from about 50 dogs a week (January–October 2025) to about 19 (June–August 2026), a 62% drop. Sunday playgroups fell about 84%, from about 58 dogs to about 9, after the staff member running playgroups on their own volunteer time was let go in January 2026. Over the same period the number of eligible dogs in the shelter fell only 12–17%, so far fewer dogs are getting out to play overall. This decline has occurred since Deputy Director Monica Wylie took over in October 2025. The Report also does not mention the ban on taking lifesaving photos and videos for which two volunteers, instrumental to playgroups, were fired. A shelter that celebrates its dog Live Release Rate while dismantling the programs, and retaliating against the people behind it, is telling of the shelter’s culture.

2.12 Volunteers and community engagement
Volunteers. The Report cites 233 active volunteers with no prior-year figure, so no one can tell whether the program grew or shrank. Recently 121 volunteers, some at real risk of retaliation, signed an Open Letter that was ignored by everyone in shelter and city leadership. This remains unacceptable and the requests in that letter still stand. Volunteers are in short supply. What is ACS doing about the backlog of volunteer applications, and about a process that is onerous and unwelcoming?
Community Forums. Forums are meant to let the community ask questions, raise concerns and offer input for the shelter’s consideration. The forums held so far have been poorly communicated, tightly scripted, failing to match the well informed audience of fosters, volunteers, rescue partners, and even medical professionals. One was canceled because of what we now know was an unnecessary closure of the shelter (a Fire Watch), and the next was devoted to wildlife as presented by two high school students, hardly an opportunity to address shelter concerns. Counting three forums as an accomplishment does not meet the standard the Report sets for itself. There has been little to no good faith effort by Deputy Director Wylie to hold these meetings in the spirit that NSE Chairman Ortiz had ordered at the December 2025 NSE Meeting.

3. Fiscal Year 2026-27 Goals
“Fully process and track all EIH dogs and cats.” This is an admission that some are not currently processed and tracked. The Report cites about 650 animals across 21 Emergency Interim Housing sites. What is not being processed and tracked today, how many animals does that cover, and what happens to them in the meantime?
“Grow volunteer program, including foster volunteers.” Does growth also imply support? A goal to grow the volunteer program is not a plan to support it. ACS should state what training, communication and application-process changes will accompany it. “Form a Community Advisory Group by the end of the calendar year.” The Civil Grand Jury recommended a community advisory group, with residents from each Council district and each contract city, by December 31, 2026. This goal is compliance, not initiative. ACS must answer how members will be chosen, how the group’s integrity will be ensured, how it will inform shelter decisions, and how it can hold the shelter accountable. Or will the shelter simply be able to ignore the group’s input as it did during a handful of Stakeholder’s Meetings hosted by Angel Rios in 2023, as it has ignored all other input to date? 1San José Shelter: Dog Playgroups on a Downward Trajectory Under New Leadership (September 2026; volunteer-tracked weekly participation data).

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 8 Goals the Report should have included:
• Reduce staff turnover by providing comprehensive training, supports and improved communication. Metric: comparative turnover rates.
• Demonstrate healthier relationships with volunteers and the rescue community. Metric:
annual survey and satisfaction rates.
• Reverse the decline of dog playgroups by making good on the initial commitment to scale, through more volunteers or the addition of staff-run playgroups. Metric: comparative data on the number of dogs getting out in playgroups.
• Restore the cat Live Release Rate to its historical level of about 90%. Metric: the cat Live Release Rate calculated and published on the Asilomar form.

4. What ACS Must Provide Before This Report Can Be Accepted

1. The complete FY 2025-26 Asilomar Report in the same format as FY 2024-25, including owner-requested euthanasia (line R) and animals that died or were lost in care (lines U and U1), and the calculations behind the stated 95%, 80%, 86.22% and 14% figures.

2. The number of owner-requested euthanasias of animals classified as Unhealthy and Untreatable, by species, the written criteria for that classification, who makes it, and how it is audited.

3. A breakdown of the 2,710 “Rescues/Transfer” figure into rescue partners and other transfers, with annual figures from FY 2020-21 through FY 2025-26.

4. The names of the 48 new rescue partners, the number and species of animals each has pulled, and the share of rescued dogs and cats pulled by each.

5. For the 866 Return To Field cats: the number that were unsocialized community cats versus friendly or adoptable cats, the criteria used to determine the distinction, and how the figure relates to Spay Neuter Return and Trap Neuter Return counts.

6. A Return To Owner rate based on stray intake.

7. The sources, time periods and calculations for every comparison shelter in Chart 3, and the “Best Friends” data cited.

8. A breakdown of the 19,065 field calls, the number completed and uncompleted by priority, and response times for Priority 2 and 3 calls.

9. Post-surgical mortality data.

10. The number of animals turned away due to capacity, by species and month.

11. Prior-year volunteer numbers, the number of backlogged volunteer applications, staff turnover rates, and any volunteer or rescue-partner satisfaction surveys.

12. Complete responses to all outstanding audit-related Public Records Act requests, and documentation supporting the claim that audit recommendations are implemented.

13. The Community Advisory Group charter: selection process, membership, role, and accountability mechanisms.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 9

5. Conclusion
A report to this Committee must let the Committee check its claims. This one does not.

The performance rates cannot be reproduced without information it withholds, its comparisons are unsourced, and its own numbers show declines that are not addressed. The dog outcomes, supported by playgroups and volunteers, show what this shelter can do when it invests in what works.

We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

NSE Councilmembers who vote to accept this report as it stands, will be doing so with full knowledge of what it leaves out.

Attachments:

Attachment A - ACS Asilomar Report FY 2024-25
Attachment B - San José Animal Partners Mock Asilomar Report FY 2025-26 (analysis using the Report’s own figures).

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 10 7/1/2024 - 6/30/2025

SAN JOSE ANIMAL CARE & SERVICES
Asilomar Report
A. Beginning Population on 7/1/2024
Dog Puppy Cat Kitten Other Total
Total 391 24 169 692 161 1,437
*Population includes animals taken in by ACS and located both onsite at the shetler and offsite, including animals in foster and animals at secondary sites or emergency vet. Animals may change location over the course of their stay. Found animals that remain under the care of the finder are excluded.

B. From the Public
Dog Puppy Cat Kitten Other Total
Healthy 1,500 273 1,142 1,141 231 4,287
Treatable-Rehabilitatable 623 76 854 1,281 122 2,956
Treatable-Manageable 139 2 529 51 31 752
Unhealthy & Untreatable 273 91 935 1,095 79 2,473
Total 2,535 442 3,460 3,568 463 10,468
Intakes
C. Incoming Transfers from Organizations within Community/Coalition Dog Puppy Cat Kitten Other Total
Healthy 23 0 4 2 3 32
Treatable-Rehabilitatable 13 0 1 3 2 19
Treatable-Manageable 0 0 0 0 0 0
Unhealthy & Untreatable 1 0 3 4 0 8
Total 37 0 8 9 5 59
D. Incoming Transfers from Organizations outside Community/Coalition N/A
E. Intakes from Owners Requesting Euthanasia
Dog Puppy Cat Kitten Other Total
Healthy 12 2 0 0 0 14
Treatable-Rehabilitatable 17 1 4 0 2 24
Treatable-Manageable 6 0 1 0 0 7
Unhealthy & Untreatable 472 8 124 2 11 617
Total 507 11 129 2 13 662
Intake Totals
Dog Puppy Cat Kitten Other Total
3,079
472
2,607
453
8 445
3,597
124
3,473
3,579
2 3,577
481
11 470
11,189
617
10,572
F. Total Intake [B + C + D + E]
G. Owner Requested Euthanasia
(Unhealthy & Untreatable Only)
H. Adjusted Total Intake [F - G]

1. Sources: ACS annual report memo to NSE Committee dated 9/30/2026 (Chart 1 intake, Chart 2 outcomes, KPIs, Chart 3). Layout and formula follow ACS's FY 2024-25 Asilomar Report form.

2. Asilomar rate = (I+J+K+L) ÷ T, where T = live outcomes + adjusted euthanasia (Q – R). Owner-requested euthanasia of unhealthy & untreatable animals (R) and animals that died or were lost in care (U, U1) are not in the rate.

3. The memo's 'Rescues/Transfer' (J+K) and 'RTF' lines are entered as reported. The FY24-25 form has no RTF line, so ACS must say where RTF cats are reported. If RTF were left out, the live total and rate would be lower.

4. Rows 'implied by memo rate' back-calculate what R would need to be for the memo's rounded rates to be correct. They are a consistency check, not ACS's reported figures.

To: Neighborhood Services and Education Committee (“NSE”) From: Dinah Hayse
Date: October 7, 2026
Subject: Analysis and Recommendations Regarding the San José Animal Care & Services FY2025- 2026 Annual Report
Summary
I appreciate the work of San José Animal Care & Services staff and volunteers and recognize the many challenges the shelter faces. I also greatly appreciate the City's continued investment in Animal Services and spay and neuter. However, the FY2025-2026 Annual Report leaves out an important part of the story: how much need in the community is ACS not meeting? The report highlights increases in TNR, adoptions, live outcomes, and other services, which is important to recognize. But knowing how many animals ACS served does not tell us how many animals and residents needed help but could not get it.

This is especially concerning because the City's investment in Animal Services has increased, as has medical staffing, while access to services for healthy stray cats has again been reduced. These are the cats most directly responsible for producing more kittens and, ultimately, more shelter and rescue demand.

When we do not provide timely access to spay/neuter and TNR, the problem does not go away. It grows exponentially. And that growth is increasingly being absorbed by San José residents, volunteers, foster homes, and rescue organizations.

Rescues have not stopped supporting San José animals. They continue to take animals directly from the community, often because the community cannot access services through the shelter. Rescues are simply overwhelmed by the volume of need outside the shelter walls.

Taxpayers have provided the City with additional resources for Animal Services. Those resources should translate into sustained access to prevention services.

Increased Resources Should Increase Access to Prevention The City has increased funding for Animal Services and increased medical staffing. With that additional funding, we should see a sustained increase in services and specifically an increase in access to spay/neuter and TNR. Instead, access for healthy stray cats has again been reduced. This is concerning because healthy stray cats are not simply another category of shelter population.

Unaltered community cats are producing the kittens who will eventually need shelter, rescue, foster, or community care. Leaving the healthy cats on the street to reproduce makes the problem worse.

When we fail to sterilize those cats today, we create more animals who need help tomorrow.

The expectation when the community advocated for increased funding was not simply that ACS would perform somewhat more surgeries than the year before. The expectation was that increased resources would create reliable, sustained access to prevention services for the community.

That access should not have to be repeatedly fought for by residents, only to be reduced or removed when shelter management changes priorities.

An Increase in TNR Does Not Demonstrate Need Is Being Met The report highlights an increase in TNR surgeries. That sounds positive, but it does not answer the most important question: Was it enough?
What is the backlog of requests for appointments? How many months are community members waiting for appointments? How many TNR requests were received? How many appointments were available? How many appointments went unfilled? How many people could not get an appointment? How many cats were turned away because there was not enough capacity? How many people gave up and stopped trying to navigate a process that thought it was reasonable for them to line up at 3 am to wait in line for an appointment?
Without that information, we cannot know whether a 13% increase represents meaningful progress or simply a small increase from a level that was already painfully inadequate.

It is also important to recognize that the recent increase in spay/neuter was not primarily the result of a medical department-led initiative. It came largely because the community and advocates pushed hard for these services and continued to insist that they be maintained, expanded, and prioritized.

Prevention should not depend on residents repeatedly fighting for access to a service that taxpayers are already funding.

Prevention Costs Less Than Caring for the Kittens We Fail to Prevent There is also a clear financial argument for prevention. The cost of a TNR surgery is far less than the cost of caring for an underage kitten once that kitten enters the shelter or rescue system.

A relatively small investment in spaying one healthy community cat can prevent multiple future litters and the costs that come with them, including medical care, food, foster care, supplies, staff time, and placement.

Prevention is not just better for the animals. It is a much more cost-effective way to manage public resources. Every time access to TNR is restricted, we create future shelter and rescue costs that could have been prevented for a fraction of the price.

Community and Rescues Are Absorbing the Unmet Need
When shelter capacity for intake or prevention is limited, the need does not disappear. The burden simply shifts to someone else.

Residents trap, transport, and now hold cats overnight. Volunteers spend their own time and money helping neighbors. Foster homes take in kittens. Rescues provide medical care and placement.

Community veterinarians and clinics also step in to fill the gaps.

It is important to be clear that rescues have not stopped supporting the animals of San José or the shelter. They continue to take animals directly from the community, including animals who cannot access ACS services, and provide foster care, medical care, and placement.

But those animals are not counted in ACS's shelter intake or outcome data. Neither are the many animals helped directly by residents, volunteers, fosters, community clinics, and other organizations.

As a result, ACS's data represents only a small portion of the animals in need and the animals being helped in San José. A decrease in shelter intake does not necessarily mean fewer animals need help.

It may simply mean more animals are being cared for outside the shelter.

This matters because rescues have limited capacity and even more limited financial resources. They are already overwhelmed by the number of animals coming directly from the community. The fact that a rescue takes an animal does not mean the need has been met. It means someone else has stepped in to meet it.

And the problem grows exponentially. One unaltered female cat can produce multiple litters, and those kittens can go on to reproduce. If we do not address the source through accessible spay/neuter and TNR, the number of animals needing help, and the burden placed on residents, volunteers, fosters, and rescues, will continue to grow.

If the City wants to understand the true scope of animal need in San José, it cannot look only at the animals that enter the shelter. It must also account for the animals and families who need help but are being served elsewhere or not served because ACS cannot meet the demand.

Reduced Intake Is Not a Positive Measure When Intake Is Restricted The report presents reduced shelter intake as a positive outcome. But intake is not an accurate benchmark for a shelter that does not provide open intake to its community.

If healthy animals are turned away or deferred because of capacity, they are not counted in the shelter's intake numbers. The need still exists. The animal simply remains outside the shelter.

This makes comparisons to other shelters less useful when those facilities also do not meet the full demand in their communities.

A lower intake number does not mean there are fewer animals who need help. It just means fewer animals received help. Restricted intake is not evidence that community demand has declined.

The Historical Picture Tells a Different Story
The report uses a relatively short historical window that makes the recent increase in spay/neuter appear more significant. If we look only at the most recent year or two, the numbers can show a positive increase. But if we look further back, ACS is still far behind the level of intake and spay/neuter services it was previously able to provide, even with increased resources.

Council should see the full historical picture rather than only the years that produce the most favorable comparison.

At a minimum, ACS should report ten years of:
• Shelter intake
• TNR and SNR surgeries
• Owned Pet Spay/neuter surgeries
• Kitten intake.
• Healthy animal intake.
• Animals turned away or deferred
• Veterinary and medical staffing
• Animal Services budget and resources
This would allow Council to see whether the City is actually expanding services or simply recovering a portion of the capacity it once had.

We Need to Understand Why Animals Are Entering the System The report discusses broad trends affecting animal homelessness, but it does not provide enough local information about why animals are entering San José's shelter system.

Council should have data on the major causes of intake, including:
• Owner surrender because of veterinary or other costs
• Housing insecurity
• Lost and stray animals
• Abandonment
• Medical and behavioral issues
• Community cat and kitten populations
• Lack of access to affordable spay/neuter
• Lack of access to basic veterinary care
• Backyard breeders
Different problems require different solutions. If families are surrendering animals because they cannot afford veterinary care, additional shelter capacity does not solve the underlying problem.

If kittens and community cats are entering because there is not enough access to spay/neuter, increasing adoptions does not solve the underlying problem either. We need to prevent animals from needing the shelter whenever possible.

Recommendations
I request NSE to direct ACS to clarify and report, at a minimum:

1. Measure and report unmet community demand
For every major service, report not only how many animals were served, but how many residents and animals sought help and could not access it.

2. Establish a sustained TNR and Spay/Neuter goal
The goal should be based on community need, not simply on whether ACS exceeds the previous year's number. TNR services four or five days a week could mean just one surgery a day. A goal of 50 surgeries a day would be a specific, measurable goal.

3. Track TNR demand and capacity
Report requests received, appointments available, surgeries completed, cats turned away, people unable to obtain appointments, waitlist volume, wait times, and the capacity of each surgery suite.

4. Provide historical data
Report at least ten years of intake, TNR, spay/neuter, kitten intake, staffing, and budget data so Council can evaluate actual long-term progress.

5. Track animals turned away or deferred
Healthy animals and other animals who cannot be accepted should not disappear from the City's measurement of demand.

6. Compare prevention costs with the cost of the animals we fail to prevent The City should evaluate the cost of TNR and spay/neuter against the cost of caring for the kittens and other animals that result when prevention is not available.

7. Make prevention a consistent shelter priority
Access to TNR and spay/neuter should not depend on repeated community advocacy or be reduced whenever other operational priorities arise.

8. Report to NSE quarterly
Council should receive regular updates on demand, capacity, services provided, and unmet need, rather than relying primarily on an annual report.

Conclusion
Again, I greatly appreciate the work of San José Animal Care & Services, the staff and the volunteers.

But the City's responsibility should not be measured only by how many animals the shelter processed.

We need to ask whether the City is doing enough to prevent those animals from needing the shelter in the first place.

The City has increased funding and medical resources. The community's reasonable expectation is that those investments will result in more consistent and reliable access to services and prevention, particularly TNR and spay/neuter.

An increase in TNR is positive, but it does not tell us if we are meeting demand. Reduced intake may be encouraging, but it does not tell us whether fewer animals need help or whether fewer animals are being accepted.

And rescues continuing to take animals directly from the community does not mean the system is working. It means residents and nonprofits are stepping in when public services are not available. We cannot solve an exponential population problem by measuring only the animals we managed to serve.

We need to turn off the faucet rather than continually mop up the water. That means investing in prevention, measuring unmet demand, looking honestly at the historical data, and making sure the resources provided by San José taxpayers translate into sustained access to spay/neuter and TNR.

The question for Council should not simply be, “Did ACS do more this year?” It should be, “Did ACS do enough to meet the need, and if not, what will it take to close the gap?” -Dinah Hayse

REBUTTAL TO ANIMAL CARE & SERVICES
2025-2026 ANNUAL REPORT
October 8, 2026 - Neighborhood Services and Education Committee Agenda Item (d)2 Submitted by: San José Animal Partners (a group of animal advocates) on October 6, 2026 Attachment A - ACS Asilomar Report FY 2024-25
Attachment B - San José Animal Partners Mock Asilomar Report FY 2025-26 (analysis using the Report’s own figures).

Opening Statement
For years, the Mayor and City Council have accepted reports from Animal Care & Services with unanimous approval. We are not aware of any instance where a no vote has been issued. This pattern implies an unwritten agreement that every report will be a pass-through. To clarify: as advocates we consider this a dereliction of duty, and it has not gone unnoticed.

Any councilmember who votes to accept this report without the source documents behind its claims is doing so knowingly. Those votes contribute to a culture of controlling the narrative rather than caring about what is happening to animals in the City’s care. As the findings below show, this report gives councilmembers no basis for acceptance.

We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

Executive Summary
The Annual Report, as submitted, is not a complete report. It makes claim after claim that cannot be verified from anything it provides: Live Release Rates with no calculation, comparisons to other shelters with no sources, “48 new Rescue Partners” with no names, a Field call total that exceeds its own breakdown by 7,375 calls, and a declaration that audit recommendations are complete when that is disputed and unverified. We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

Findings:
• The stated Live Release Rates may be correct but calculations are not provided. The Report shows no calculation, discloses no exclusions, and omits the Asilomar form its methodology depends on.
• By ACS’s own numbers, results declined. The overall Live Release Rate fell from

89.05% to 86.22% and the cat Live Release Rate from 85.99% to 80%. Adoptions fell 11%, cat adoptions 17%, while cat euthanasia rose 19%. The Report calls this “strong.” • The cat Live Release Rate is at a ten-year low, even though the shelter’s budget has more than doubled.
• Rescue transfers remain a fraction of past levels, and the Report hides the trend inside one merged figure.
• The comparisons to other shelters are unsourced and, where we could check them, do not match those shelters’ own published data.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 1 • Field service numbers do not reconcile: 7,375 calls (39%) of the 19,065 total are unexplained.
• Claims of 48 new rescue partners, a completed audit, and community engagement are unsubstantiated or disputed.
• The Report omits the dramatic decline of dog playgroups, the program behind the one genuinely strong number in the Report, the dog Live Release Rate.

1. The Reality Under Which This Report Is Submitted
The Report describes a year of “strong progress.” It acknowledges none of the longstanding concerns about this shelter, which three independent reviews have corroborated:
• Maddie’s Million Pet Challenge (2022): more than 200 recommendations covering overcrowding, staffing, animal flow and weak data management. • City Auditor (November 2024): eight findings and 39 recommendations, including capacity constraints, gaps in protocols and recordkeeping, and declining engagement with rescue partners.
• Civil Grand Jury (May 2026): found that transfers to rescue organizations declined significantly, animals stay longer than in FY 2021-22, and animal deaths have increased. It also found that ACS changed data categories and methodologies without explanation, and raised a trust gap with advocates.

What happened in FY 2025-26, none of which the Report mentions:
• July 2025: former employees, volunteers and rescue groups publicly called for new shelter leadership, alleging mistreatment of animals and retaliation against people who raised concerns (San José Spotlight, July 13, 2025).
• January 2026: the shelter was over capacity and asked the public to keep stray dogs (NBC Bay Area, January 13, 2026). The same month, advocates retained an attorney and sent the City a letter demanding immediate improvements (Mercury News, January 13, 2026). This resulted in immediate retaliation.
• March 2026: on a shelter tour, the Grand Jury saw air flowing from the closed quarantine ward into a public hallway, meaning the ventilation was working in reverse, and found the condition should have been caught and corrected by trained staff. • March 2026: the City Auditor reported all 39 recommendations implemented or addressed. The Grand Jury notes this relied on documentation supplied by the shelter, with no onsite follow-up audit.
• May 2026: the Grand Jury found more than 800 animals in five years of shelter data with no recorded outcome, and that prior-year intake had been restated (FY 2023-24 intake appeared as 13,212 in one annual report and 12,233 in the next). • August 1, 2026: ACS was moved from Public Works to PRNS.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 2

2. Response to the Report’s Claims

2.1 “Compares favorably”: the Live Release Rates cannot be verified The Report says ACS “compares favorably” with other Bay Area shelters and states Live Release Rates of 95% for dogs, 80% for cats and 86.22% overall, claiming one of the highest among large municipal shelters in the region. It shows no calculation. We ran one.

Dogs Cats All animals
Rate stated in the Report 95% 80% 86.22%
Rate from the Report’s own Chart 2 counts,
Asilomar formula, no exclusions

86.0% 78.6% 82.0%
Euthanasias that would have to be excluded
to reach the stated rate (approx.)
385 107 527
Source: Report, Chart 2 (live outcomes and total euthanasia by species); Asilomar formula = live outcomes ÷ (live outcomes + euthanasia). See Attachment B.

The Asilomar formula allows one major exclusion: euthanasia requested by an owner for an animal the shelter itself classifies as Unhealthy and Untreatable. ACS’s own FY 2024-25 Asilomar Report (Attachment A) demonstrates how that exclusion works.

It removed 604 of 1,785 euthanasias (34%) from the calculation, including 474 of 622 dog and puppy euthanasias (76%). The stated FY 2025-26 rates are consistent with a similar exclusion of roughly 527 euthanasias.

The FY 2025-26 Report discloses none of this: no exclusion, no count, no classification criteria, and no Asilomar form. It also says nothing about animals that died or were lost in shelter care (335 in FY 2024-25 per Attachment A), which the Asilomar rate also leaves out. The 95%, 80% and 86.22% are therefore assertions, not results the Committee can check.

The stated rates *may be* correct. However, this report asks the Committee to take its numbers on faith. Given ACS’s track record and the low-to-no trust environment, a higher level of scrutiny is in order.

Chart 3 in the Report also lists San José’s euthanasia rate as 14%. ACS’s own counts show 1,937 euthanasias on 11,219 intakes, about 17%. The Report does not say what the 14% includes or excludes.

2.2 By ACS’s own numbers, outcomes got worse
Comparing ACS’s FY 2024-25 Asilomar Report with the FY 2025-26 Report:

Measure FY 2024-25 FY 2025-26 Change
Overall Live Release Rate 89.05% 86.22% −2.8 points
Cat Live Release Rate 85.99% 80% −6.0 points
Dog Live Release Rate 95.26% 95% flat
Total live outcomes 9,600 8,820 −780 (−8.1%)
Adoptions 4,639 4,131 −508 (−10.9%)
Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 3 Measure FY 2024-25 FY 2025-26 Change
Cat adoptions 3,160 2,614 −546 (−17.3%)
Cat live outcomes 6,131 4,889 −1,242 (−20.3%)
Cat intake 7,176 6,644 −532 (−7.4%)
Cat euthanasia 1,116 1,329 +213 (+19.1%)
Source: ACS Asilomar Report FY 2024-25 (Attachment A; puppies counted with dogs and kittens with cats to match the Report’s categories) and FY 2025-26 Report, Charts 1 and 2. FY 2025-26 rates are as stated in the Report.

Cat intake fell 7%. Live cat outcomes fell 20%. Cat euthanasia rose 19%. None of these declines are acknowledged in the Report.

2.3 The cat Live Release Rate is at a ten-year low
Fiscal year Cat LRR
2016-17 89.0%
2017-18 90.0%
2018-19 91.0%
2019-20 90.0%
2020-21 90.0%
2021-22 87.9%
2022-23 83.2%
2023-24 85.6%
2024-25 86.0%
2025-26 80.1%
Source: shelter records. FY 2024-25 (86.0%) matches ACS’s Asilomar Report (85.99%); FY 2025-26 (80.1%) matches the Report’s stated 80%.

The cat rate fell six full points in a single year, from 86% to 80%, the sharpest drop in the series and the lowest rate in the ten years that the shelter provides on its public dashboard. Improving the cat Live Release Rate must be a TOP PRIORITY. Resources have increased. Results have decreased.

In FY 2020-21 the shelter took in 9,958 cats with a budget of about $9.6 million and 76 staff, and its cat Live Release Rate was 90%. In FY 2025-26 it took in 6,644 cats with a budget of roughly $17.5 million, nearly $8 million more, and 102 budgeted staff, and the rate is 80% (budget and staffing: Civil Grand Jury Report, Figure 1; FY 2020-21 intake: Figure 2).

It is disturbing that the Report characterizes live outcomes as 'strong' in a year when the cat Live Release Rate fell to 80%. This is misleading to the Committee and the public and has no basis in reality.

The Report blames a “very high-risk population” using the classification of “Unhealthy/Untreatable” (U/U) for the low Cat LRR. However, by its own figures, only 34% of cats and 41% of kittens were classified as U/U, which means most were not. That category also includes unweaned kittens, and the Report says 89% of U/U kittens were saved.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 4 If the number of U/U cats is being offered as an explanation for poor feline outcomes, Committee members should ask management to explain how kittens can reportedly have the higher U/U percentage, an 89% U/U Live Release Rate, and yet experience a dramatic increase in euthanasia.

Given that 34% of adult cats were identified as U/U, it stands to reason that 66% were identified as healthy or treatable. Adult cat euthanasia is flat year over year ( 24-25: 709 vs 25-26: 715). Is the shelter’s move away from Return to Field (RTF) putting healthy adult cats at a higher risk of euthanasia?

2.4 “Live outcomes remain strong across adoption, rescue partners, return-to-owner, and return-to-field pathways”
This statement cannot be substantiated.

Adoptions. Cat adoptions fell 17.3% year over year, from 3,160 to 2,614, and total adoptions fell 10.9%, from 4,639 to 4,131 (Attachment A and Report, Chart 2). The Report presents 4,131 adoptions as an accomplishment without noting the decline.

Rescue & Transfers. The Civil Grand Jury found that transfers to rescue partners fell from 4,776 in FY 2020-21 to 1,159 in FY 2024-25 and that rescue placements had not yet improved.

ACS’s public dashboard shows combined rescue and transfer outcomes of:
1,455 (FY 2022-23)
1,264 (FY 2023-24)
1,159 (FY 2024-25)
1,475 (FY 2025-26)
These dashboard figures differ from the Report's 2,710 "Rescues/Transfer" figure; ACS has not explained what the 2,710 includes (see Section 4, item 3). Even with this year's overall rescue and transfer combined uptick (1,159 FY 24-25 to 1,475 FY 25-26), rescue partner participation has not recovered. In fact, at the December 2023 NSE Meeting, former ACS Deputy Director Jay Terrado admitted that rescues had been “ignored” and pledged to re-engage with them.

Sadly, the data does not confirm this.

Rescue Only:
3,700 (FY 2020-21)
2,663 (FY 2021-22)
1,138 (FY 2022-23)
804 (FY 2023-24)
691 (FY 2024-25)
691 (FY 2025-26)
Rescue partner participation remains at 691 for a second straight year, down 39% since FY 2022-23. The Report's merged 2,710 figure does not show this.

Return to Owner (RTO). The Report lists 1,113 RTOs (963 dogs, 135 cats and 15 other animals) but gives no RTO rate, so there is no way to tell what percentage of lost pets are actually being reunited with their families.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 5 Return to Field (RTF). The Report lists 866 cats RTF’d, nearly 18% of all live cat outcomes.

RTF is a legitimate outcome for community (feral) cats who cannot be homed. It is also the quickest way to move a cat out of the shelter and count it as a live outcome. The Report does not say how many of the 866 were unsocialized community cats and how many were friendly, adoptable cats, what criteria were used to make that distinction, or how the 866 relates to its reported 689 Spay-Neuter-Return and 2,000 Trap-Neuter-Return surgeries. Without that breakdown no one can tell whether the cat rate reflects cats being homed or cats being returned to the street.

2.5 “Added 48 new Rescue Partners”
Absent a list of those organizations and the number and species of animals each one has pulled, this claim cannot be verified. Rescue transfers are a major component of the live outcomes behind the Live Release Rate, yet rescues have been systematically disenfranchised.

Are these new partners actually pulling animals? How many of the new 48 have pulled even one? What share of the dogs and cats going to rescue is pulled by each partner, and how concentrated is it among a handful of organizations?
For example, in the first six months of 2026, just 10 cat rescues pulled 402 cats. This is an alarmingly narrow group doing much of the heavy lifting for the shelter when it comes to live outcomes. Just four years ago, in FY 2021-22, the top 20 cat rescue partners pulled 2,252 cats.

2.6 The regional comparison
Chart 3 and the “Agency Comparison” gives no sources, time periods or methods. Where we could check them, they do not hold up:
• San Francisco Animal Care & Control publishes a single combined dog-and-cat Live Release Rate (88% for FY 2024-25), not the identical 89% for each species shown in Chart 3.
• Oakland Animal Services publishes raw counts through 2023 on its statistics page and, in our search, no current Live Release Rate. We could not trace the Report’s 95% (dogs), 92% (cats) or 6% euthanasia figures to any source.
• Contra Costa Animal Services is the closest match, but its published 2026 figures are calendar year-to-date, not the fiscal year used in the Report. • The Report cites “Best Friends’ data” without identifying it. Shelters also treat owner-requested euthanasia, RTF and transfers differently, so rates are not comparable unless recalculated on a common basis. The Report does not do that.

The Report also states that San Francisco Animal Care & Control “does not accept kittens under four weeks of age.” SFACC’s own website tells finders of bottle-baby kittens to call or email to schedule an intake appointment (sfanimalcare.org/how-to-care-for-foster-kittens). At a minimum, the Report’s description of SFACC’s practice is incomplete, yet it is used to excuse San José’s own kitten outcomes. The Report’s claim about Oakland’s kitten intake is likewise unsourced and the Oakland website contradicts the claim made (https://www.oaklandca.gov/Community/Pets-Animals/Foster-a-Pet/Cat-Kitten-Foster-Program).

2.7 Field Services: the numbers do not add up
The Report says Field Services handled 19,065 calls, but its Priority 1, 2 and 3 calls add up to only 11,690. It never explains the missing 7,375 calls (39%). It says the total “includes follow-up calls,” but gives no count of follow-ups or of anything else in the gap. It does not say how many calls went unanswered or uncompleted. It gives response times only for Priority 1 calls, while Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 6 Priority 2 and 3 calls, which grew by 1,855, get no response or completion data at all. The “completed calls” chart simply repeats the call totals. ACS should provide a breakdown of the 19,065 calls and the number of calls completed and uncompleted in each priority.

2.8 “Strong progress” on the audit
Staff say the audit is complete. There is widespread disagreement with that claim. Audit-related Public Records Act requests remain incomplete, and the City Auditor’s March 2026 status report rested on documents supplied by the shelter “for one point in time” without an onsite follow-up.

A shelter cannot certify its own audit as complete while withholding the records that would let anyone check.

2.9 “Strategic” intake
ACS has moved to strategic/managed intake. It is not clear this is legal. ACS is an open-admission shelter with a mandatory duty to take in the very animals it is turning away. That question is also being taken up in the legal action against the City. The Civil Grand Jury recommended that the City report the number of animals turned away due to capacity limits.

The Report gives no number. Animals turned away at the door appear nowhere in this Report.

For context, it’s important to note that at a Stakeholder’s Meeting in February of 2023 hosted by Deputy City Manager Angel Rios, the former ACS deputy director Jay Terrado was “ordered” by Mr. Rios to start “logging” the animals that were being turned away by the shelter. Former NSE councilmember Magdalena Carrasco also made a similar suggestion at the December 2022 NSE Meeting to gain a better idea as to whether the shelter was “dodging” its responsibilities to the community. It is concerning that these two “directives” have never been complied with.

Likewise under Monica Wylie’s direction the shelter recently closed its doors to the public, in favor of a previously tried and failed post-COVID experiment - “concierge adoptions”. This results in no eyes on the animal; it is not necessarily legal and we have already witnessed a drop in adoptions as a result. Adoptions during the month of September 2026 were 57 animals less than the average of the three previous years for the month of September. August is not a fair comparison given that August was the Annual Clear Our Shelter month.

2.10 Other claims in the Background section
Realignment to PRNS. The Report presents this move as a better “fit.” It does not mention that the move was made at least in part because the shelter, under Public Works and specifically Matt Loesch, the Public Works Director, has been on a long and well-documented downward trajectory. A new reporting line does not erase that record.

Exotic, wild and farm animals. The Report says these animals go to rescue partners. As recently as 2024, wildlife went to the Wildlife Center of Silicon Valley under a contract. ACS should clarify whether that contract is still in place and where wildlife now goes.

2.11 Dog playgroups: what the Report leaves out
Dog outcomes are a bright spot in this Report, and it is no accident. The herculean efforts of volunteers getting large numbers of dogs out of the kennels is a primary factor. Daily dog playgroups likewise are a nationally recognized best practice with a documented record of improving Live Release Rates. Beginning in July 2022, the ACS playgroup program was built from scratch by Partners in Animal Care & Compassion (PACC) and shelter volunteers. The Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 7 Report fails to mention that playgroups are now in a steep decline1 . Volunteer-tracked data
show Saturday playgroups falling from about 50 dogs a week (January–October 2025) to about 19 (June–August 2026), a 62% drop. Sunday playgroups fell about 84%, from about 58 dogs to about 9, after the staff member running playgroups on their own volunteer time was let go in January 2026. Over the same period the number of eligible dogs in the shelter fell only 12–17%, so far fewer dogs are getting out to play overall. This decline has occurred since Deputy Director Monica Wylie took over in October 2025. The Report also does not mention the ban on taking lifesaving photos and videos for which two volunteers, instrumental to playgroups, were fired. A shelter that celebrates its dog Live Release Rate while dismantling the programs, and retaliating against the people behind it, is telling of the shelter’s culture.

2.12 Volunteers and community engagement
Volunteers. The Report cites 233 active volunteers with no prior-year figure, so no one can tell whether the program grew or shrank. Recently 121 volunteers, some at real risk of retaliation, signed an Open Letter that was ignored by everyone in shelter and city leadership. This remains unacceptable and the requests in that letter still stand. Volunteers are in short supply. What is ACS doing about the backlog of volunteer applications, and about a process that is onerous and unwelcoming?
Community Forums. Forums are meant to let the community ask questions, raise concerns and offer input for the shelter’s consideration. The forums held so far have been poorly communicated, tightly scripted, failing to match the well informed audience of fosters, volunteers, rescue partners, and even medical professionals. One was canceled because of what we now know was an unnecessary closure of the shelter (a Fire Watch), and the next was devoted to wildlife as presented by two high school students, hardly an opportunity to address shelter concerns. Counting three forums as an accomplishment does not meet the standard the Report sets for itself. There has been little to no good faith effort by Deputy Director Wylie to hold these meetings in the spirit that NSE Chairman Ortiz had ordered at the December 2025 NSE Meeting.

3. Fiscal Year 2026-27 Goals
“Fully process and track all EIH dogs and cats.” This is an admission that some are not currently processed and tracked. The Report cites about 650 animals across 21 Emergency Interim Housing sites. What is not being processed and tracked today, how many animals does that cover, and what happens to them in the meantime?
“Grow volunteer program, including foster volunteers.” Does growth also imply support? A goal to grow the volunteer program is not a plan to support it. ACS should state what training, communication and application-process changes will accompany it. “Form a Community Advisory Group by the end of the calendar year.” The Civil Grand Jury recommended a community advisory group, with residents from each Council district and each contract city, by December 31, 2026. This goal is compliance, not initiative. ACS must answer how members will be chosen, how the group’s integrity will be ensured, how it will inform shelter decisions, and how it can hold the shelter accountable. Or will the shelter simply be able to ignore the group’s input as it did during a handful of Stakeholder’s Meetings hosted by Angel Rios in 2023, as it has ignored all other input to date? 1San José Shelter: Dog Playgroups on a Downward Trajectory Under New Leadership (September 2026; volunteer-tracked weekly participation data).

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 8 Goals the Report should have included:
• Reduce staff turnover by providing comprehensive training, supports and improved communication. Metric: comparative turnover rates.
• Demonstrate healthier relationships with volunteers and the rescue community. Metric:
annual survey and satisfaction rates.
• Reverse the decline of dog playgroups by making good on the initial commitment to scale, through more volunteers or the addition of staff-run playgroups. Metric: comparative data on the number of dogs getting out in playgroups.
• Restore the cat Live Release Rate to its historical level of about 90%. Metric: the cat Live Release Rate calculated and published on the Asilomar form.

4. What ACS Must Provide Before This Report Can Be Accepted

1. The complete FY 2025-26 Asilomar Report in the same format as FY 2024-25, including owner-requested euthanasia (line R) and animals that died or were lost in care (lines U and U1), and the calculations behind the stated 95%, 80%, 86.22% and 14% figures.

2. The number of owner-requested euthanasias of animals classified as Unhealthy and Untreatable, by species, the written criteria for that classification, who makes it, and how it is audited.

3. A breakdown of the 2,710 “Rescues/Transfer” figure into rescue partners and other transfers, with annual figures from FY 2020-21 through FY 2025-26.

4. The names of the 48 new rescue partners, the number and species of animals each has pulled, and the share of rescued dogs and cats pulled by each.

5. For the 866 Return To Field cats: the number that were unsocialized community cats versus friendly or adoptable cats, the criteria used to determine the distinction, and how the figure relates to Spay Neuter Return and Trap Neuter Return counts.

6. A Return To Owner rate based on stray intake.

7. The sources, time periods and calculations for every comparison shelter in Chart 3, and the “Best Friends” data cited.

8. A breakdown of the 19,065 field calls, the number completed and uncompleted by priority, and response times for Priority 2 and 3 calls.

9. Post-surgical mortality data.

10. The number of animals turned away due to capacity, by species and month.

11. Prior-year volunteer numbers, the number of backlogged volunteer applications, staff turnover rates, and any volunteer or rescue-partner satisfaction surveys.

12. Complete responses to all outstanding audit-related Public Records Act requests, and documentation supporting the claim that audit recommendations are implemented.

13. The Community Advisory Group charter: selection process, membership, role, and accountability mechanisms.

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 9

5. Conclusion
A report to this Committee must let the Committee check its claims. This one does not.

The performance rates cannot be reproduced without information it withholds, its comparisons are unsourced, and its own numbers show declines that are not addressed. The dog outcomes, supported by playgroups and volunteers, show what this shelter can do when it invests in what works.

We ask the Committee to decline to accept the Report and to direct ACS to complete it and resubmit it with the documents listed in Section 4.

NSE Councilmembers who vote to accept this report as it stands, will be doing so with full knowledge of what it leaves out.

Attachments:

Attachment A - ACS Asilomar Report FY 2024-25
Attachment B - San José Animal Partners Mock Asilomar Report FY 2025-26 (analysis using the Report’s own figures).

Rebuttal to ACS 2025-2026 Annual Report – NSE Item (d)2 – Page 10 June 10, 2026
Dear Deputy Director Wylie, Director Loesch, City Manager Maguire, Mayor Mahan, and Members of the City Council,
We are current and former volunteers at San José Animal Care and Services (SJACS). We are writing to you because we are deeply troubled by the sudden termination of veteran volunteer leads Chris Chiappari and Amie Jan, which has left a significant void in our community and directly impacts the care of the shelter's animals.

Chris has dedicated more than seven years to SJACS. Her contributions extend far beyond simply walking dogs. As a dog lead, she has trained and onboarded countless volunteers, developed educational materials, created safety protocols, established skill-level classifications for handlers, and helped match volunteers appropriately with dogs based on experience and handling ability. She also organized communication systems and created tools that allow volunteers to coordinate their efforts effectively and efficiently. Many of us learned how to safely handle shelter dogs because of her guidance, and numerous volunteers have avoided injuries because of the safety systems she created. Countless dogs have received enrichment, care, behavior modification, and placement opportunities because of the infrastructure she built. Chris became a leader not because she was given a title, but because she earned the trust and respect of those around her through years of hard work and unwavering commitment.

Similarly, Amie Jan has been a dedicated volunteer since 2021. She has served as a Playgroup Lead and volunteer playgroup coordinator (particularly following the shelter's dissolution of the partnership with Partners in Animal Care & Compassion earlier this year). Amie has helped evaluate dogs for safe volunteer handling, trained new dog-walking volunteers, and mentored others on running playgroups. Her mentorship significantly expanded playgroup opportunities for the dogs—directly reducing kennel stress, aiding socialization, and improving outcomes.

Amie also expanded the playgroup program to include biweekly adoption events, where the public was invited out to the yards to observe dogs actively participating in playgroups, significantly increasing their visibility to potential adopters. Amie is also widely recognized for her patience with small, fearful, and undersocialized dogs. Through her years of creating video content for San José Animal Advocates (SJAA)—a relationship the shelter has long leveraged—she has directly helped at-risk dogs find rescue and foster placement, boosting both the shelter's live release rates and volunteer morale.

Both of these dedicated leaders were terminated within a day of each other for doing what they have done constructively for years: recording video to document the behavior and handling of dogs listed for euthanasia. In Chris's case, this was done to assist shelter management, and in Amie's case, it was to secure urgent rescue and foster placement.

In April, following Monica Wylie's appointment as shelter director, a new volunteer agreement was introduced during Volunteer Appreciation week that prohibited volunteers from taking photos or videos without prior approval. Volunteers were given a week to review and sign, in order to continue their volunteer service. We understand that the shelter must enforce policies and volunteer handbook requirements, and we are not suggesting that guidelines should be ignored. What we struggle to understand is how years of extraordinary service, leadership, mentorship, and uncompensated labor appear to have carried so little weight in determining this outcome.

The larger concern extends beyond these two individuals. Volunteers dedicate countless hours because we care deeply about the animals. We spend time with them, advocate for them, celebrate their successes, and grieve their losses. That level of deep commitment naturally leads volunteers to ask questions, raise concerns, and occasionally challenge decisions when they believe a viable alternative path exists for an animal. Constructive disagreement should not be viewed as a threat to management; it should be viewed as evidence of a community deeply invested in the shelter's mission.

Furthermore, overly restrictive policies regarding photography and communication harm morale.

Volunteers have historically shared videos and photos—of dogs playing, enjoying enrichment, and practicing skills—within internal volunteer chats. In a challenging and emotionally taxing environment, sharing these small victories is essential to preventing volunteer burnout. For playgroups, recording dog interactions has always been standard practice to safely match playstyles and showcase social behaviors. Seeing key leaders summarily terminated based on new restrictions that contradict years of established practice—without progressive discipline or prior warning—is shocking and damaging to the entire volunteer corps.

We respectfully ask that management:

1. Reinstate the volunteer positions of Chris Chiappari and Amie Jan, along with any others who have been retaliated against.

2. Suspend the practice of termination for volunteers raising good-faith concerns or documenting animal behavior.

3. Reconsider the current volunteer restrictions regarding photographing and recording available and at-risk animals, recognizing these visuals as vital lifelines for adoption and rescue placement.

4. Improve collaboration with the volunteer body, including creating a transparent, standardized process for volunteers to share behavioral observations with management to support accurate assessments and improved live release outcomes.

Sincerely,
121 Current and Former San José Animal Care Center Volunteers (See attached list of signatories.)
Aakash Krishnan
Abhilash anantharaman
Alayna Ma
Alec Khanna
Alesana Ulu
Amie Jan
Amy Gott
Amy Li
Ana Spear
Andrew Newton
Ani Elmaoglu
Ashley O’Brien
Atashi Chakravorty
Beata Vieira
Breana Bartholomew
Brooke Manning-Alarcon
Cari Ferguson
Carmen Travis
Chloe Roldan
Chris Chiappari
Chris Hale
Christina Callahan
Courtney Ferro
Dawn Piazza
Deborah Van Tuyl
Diana Ohlhaver
Elena Kukhtina
Elizabeth Morten
Emily Ellefson
Emily Nguyen
Emily valdez
Faatemeh Lubinsky
Geanna Garcia
Gerry Klein
Glo Cerul
Grey Stoaks
Helen Nilsson
Ilaria keogh
Isabelle Goralsky
Jaclyn Vigil
Janice Lee
Jaret Romo
Jen Rios
Jennifer Dominguez
Jennifer Flick
Jennifer Gray
Jessica Rosenberg
Johanna Reveno
Judith Petrizzo
Judy Buller
Julia Gittes
Karen Guldan
Katelyn Aguilar
Katherine Wolstenholm
Kathy Pham
Kim Cosmas
Kirby Drumm
Kit O'Doherty (PACC /
Partnering Organization)
Koloa Otuhouma
Krista Wirth
kristen clause
Kristy Roldan
Lark Kellner
Laura Behrens
Laura Davis
Laura Meyer
Laura Petrizzo
Lawrence Chung
Lexie Lee
Lilly Nguyen
Linda Planting
Linda Ramirez
Lutimila Otuhouma
Maddy Onumbu
Madeleine Rocha
Marek Markuszewski
Marissa Kimura
Matangi Vaidyanathan
Max Kirwin
Meaghan Banks-Innes
Megan Blitzer
Megan Wirth
Meghna Mandava
Mele Otuhouma
Mike Jardin
Natalia Yamkovaya
Natalie Wade
Niki Huynh
Pauline Samson
Perseus Ulu
PoKo Klein
Purva Bansal
Quinn Sprecher
Ranjini Venkatanathan
Raymond Zapata
Rebecca Tannous
Rebekah Davis-Matthews
Renee Gerasimtchouk
Rosario Consiglio
Ruth Powell
Ryan Hirsch
Sachie Tanaka
Saida Vuong
Sandra Takamine
Serenity Escobar
Sheryl Huynh
Shirlee Sakazaki
Sreedevi Krishnan
Stuart Banks-Innes
Tanya Agredano
Teresa Johnson
thomas hudson
Tram Nguyen
Trang Truong
Tyler Sussex
Valiantsina Martynchik
Victoria Heah
Vivienne Patwardhan
Xiaoyu Zheng
Zach Zawrotny
Zhuzhi Cai

TO : NSE Committee
From: Elena Gaffney
Request for Comprehensive Review of
San Jose Animal Care and Services
Before Approval of the Shelter Report
We urge the San Jose City Council, NSE committee: to conduct a comprehensive review of San Jose Animal Care and Services (SJACS) before scheduling a vote to approve or disapprove the shelter report.

This review should include the supplemental information submitted to the Santa Clara County Civil Grand Jury, concerns raised by residents and experienced volunteers, historical shelter performance data, discrepancies among official reporting systems, and documented examples of animals whose opportunities for rescue were affected by shelter practices.

The issues extend far beyond overcrowding. They involve major changes in shelter intake policies, declining prevention services, inadequate animal care and enrichment, restrictions on experienced volunteers, limited public exposure for animals facing euthanasia, inconsistent behavioral descriptions, and serious questions about the accuracy and transparency of reported outcomes.

A review focused primarily on recent shelter statistics cannot provide a complete assessment of shelter performance without examining how the system has changed over time—and what has happened to animals who no longer enter the shelter or receive meaningful opportunities for adoption and rescue.

1. Major Shelter Policy Changes and Unanswered Data
Questions
Our supplemental submission to the Santa Clara County Civil Grand Jury documents several significant findings.

Shelter intake declined approximately 40%. According to City annual reports, recorded intake decreased from 18,584 animals in FY 2018–19 to 11,205 in FY 2024–25. Yet overcrowding and requests for rescue assistance remain serious concerns.

Hundreds of animals seeking assistance were not accepted into shelter custody. Our review of intake records for the seven-month period from June 2025 through January 2026 identified 4,227 relevant animals presented for assistance, of which 940—approximately 22%—were not explicitly documented as accepted into shelter custody.

Historical records identified 1,252 stray or found animals in non-admission categories.

These animals were not represented in the City's conventional public shelter intake and outcome dashboard, and their long-term outcomes could not generally be established from publicly available records.

Municipal spay/neuter services declined dramatically. Public-owned animal surgeries fell from 1,916 in FY 2018–19 to just 34 in FY 2024–25, with zero reported in FY 2023–24 in the reviewed category.

Significant discrepancies exist between official reporting systems. For FY 2024–25, our comparison identified 1,363 euthanasia outcomes in ASPCA-related reports versus 1,154 on the City's public dashboard, and 985 transfers versus 733. These discrepancies require explanation and reconciliation.

Historical public data have become increasingly difficult to access. Older datasets, reporting fields, and dashboards have changed or disappeared, making independent long-term analysis more difficult.

These findings raise a fundamental question:

How can shelter performance be properly evaluated when intake policies, prevention services, and public reporting have changed so dramatically? A decline in recorded shelter intake cannot automatically be interpreted as declining public need when animals seeking assistance but not admitted into shelter custody are excluded from the principal statistics.

2. Animals Turned Away From the Shelter Remain Part of
the Community's Animal-Welfare Crisis
Our review found that some animals presented to SJACS remained with their finders rather than entering shelter custody.

In these situations, members of the public could be expected to provide food, housing, veterinary care, vaccinations, sterilization, owner searches, and adoption arrangements.

These responsibilities require resources and experience that ordinary residents may not have.

Documented Examples: Mumoos and Pinky
Mumoos, a pit bull brought to SJACS in July 2025, was not accepted into shelter custody.

According to the records reviewed, the finder was instructed to retain the dog for 30 days.

The finder became overwhelmed, and a nonprofit rescue ultimately assumed responsibility for veterinary care, sterilization, microchipping, and adoption.

Pinky, another found pit bull mix, was also not accepted into shelter custody. Finders were attempting to rehome the dog online, with rescue assistance needed to help arrange an appropriate adoption.

Our review also identified found animals whose public listings later disappeared without a publicly traceable final outcome.

An animal does not cease to be part of the animal-welfare crisis because the shelter did not accept it.

These examples demonstrate why the City should report not only animals admitted into shelter custody but also animals presented for assistance, deferred, redirected, or retained by finders.

Without these figures, neither the City Council nor the public can accurately evaluate the full demand for municipal animal services.

3. Experienced Volunteers Have Been Pushed Aside
While Animal Care Concerns Continue
More than 2,500 people signed a Change.org petition requesting clarity and the restoration of experienced volunteers who have long provided essential animal enrichment, socialization, behavioral observations, and connections with rescue organizations.

These volunteers are not simply dog walkers.

Many have years of experience working with shelter animals. They understand individual dogs' behavior, recognize signs of stress, provide enrichment, and have established relationships with rescue organizations capable of saving animals facing euthanasia.

We continue receiving reports that many dogs receive barely 15 minutes of walking per day, while others receive little or no meaningful exercise.

Dogs may spend extended periods confined in kennels without adequate enrichment, socialization, or individual attention.

We are also concerned about reports of unaltered dogs being housed together in group enclosures, where conflicts and injuries can occur. Animals may subsequently receive negative behavioral classifications even when their housing conditions contributed to the incidents.

These concerns require direct examination rather than reliance solely on management summaries.

The City must review daily animal-care standards, staffing, exercise, enrichment, group housing, behavioral assessment practices, and the role of experienced volunteers before accepting management's assessment of shelter performance.

The City should also determine whether reductions in volunteer participation have affected animal enrichment, adoption promotion, behavioral observations, and rescue opportunities.

4. Difficulties in Rescuing Animals: Incomplete
Behavioral Descriptions and Restricted Volunteer
Observations
One of our most serious concerns is how shelter animals are represented to the public and rescue organizations, particularly when they are facing euthanasia.

Public behavioral descriptions can strongly influence whether a rescue or prospective foster is willing to intervene.

However, descriptions emphasizing negative observations without presenting positive interactions, environmental context, or volunteer experiences can create a misleading impression of an animal's overall temperament.

At the same time, restrictions on volunteer photography, filming, and public communication can prevent important firsthand information from reaching prospective adopters and rescues.

When negative shelter assessments are publicly available but positive observations and videos are restricted, the resulting public representation is not balanced.

For an animal approaching a euthanasia deadline, this imbalance can become a matter of life or death.

Case 1: Borys — A German Shepherd Facing Euthanasia
In October 2026, our rescue community intervened to save Borys, a German Shepherd who had been placed at risk of euthanasia following fearful behavior during a veterinary examination.

The shelter's public representation included a video of Borys growling.

However, volunteers described a very different side of his personality.

Borys was described as extremely social, affectionate, human-oriented, and responsive to commands. He had participated in outings, including a trip to Almaden Lake, and videos showed him playing and interacting positively with people.

These positive observations and videos were not made equally available in the shelter's public representation.

This created a serious obstacle when we attempted to find a foster family.

We had considerable difficulty explaining the conflicting descriptions to prospective fosters. The shelter's negative presentation created concerns, while volunteers who knew Borys described an affectionate, manageable, and social dog.

When rescuers met Borys, he gave kisses, interacted positively with people, and demonstrated good manners.

While we waited at the shelter for his release paperwork, Borys remained calm, patient, and well behaved.

The dog we experienced was affectionate, responsive, and friendly—yet he had been facing euthanasia.

Borys was ultimately rescued and placed with an ordinary public foster family, where he has been doing extremely well.

His case raises important questions about the evaluation and public representation of shelter animals.

Many otherwise friendly family dogs become frightened during veterinary examinations. Fearful behavior in that setting requires appropriate assessment and context; it should not, by itself, determine that an otherwise social, human-oriented dog has no safe placement options.

Borys's case demonstrates why a negative behavioral observation must be presented alongside the circumstances in which it occurred, positive behavioral history, and firsthand observations from people familiar with the animal.

Without that fuller picture, potential fosters and rescuers may decline to help an animal they could otherwise safely accommodate.

Case 2: Cuspid — A Small Dog Whose Shelter Representation Contrasted With His Foster Behavior
Cuspid, a small dog also facing euthanasia risk, presents another concerning example.

According to shelter volunteers, Cuspid had been placed in an enclosure with approximately seven or eight other unaltered animals.

Volunteers believed that the group housing arrangement contributed to behavioral difficulties that ultimately placed him at risk of euthanasia.

The shelter's public representation reportedly focused on negative behavioral information.

At the same time, volunteers were reportedly not permitted to photograph Cuspid or publicly share their firsthand observations and impressions.

This restricted the information available to potential adopters and rescue organizations.

The public received negative behavioral information, while people familiar with Cuspid were unable to provide a fuller picture of his behavior.

After leaving the shelter, however, Cuspid demonstrated a different side of his personality.

In foster care, Cuspid has been described as a very sweet dog.

His experience raises important questions about the role of shelter conditions in behavioral evaluations.

Group housing, confinement, stress, competition, and environmental conditions can influence how an animal behaves.

A dog exhibiting concerning behavior in a crowded or stressful enclosure may behave differently in a stable home environment.

This does not mean that legitimate behavioral concerns should be ignored. It means that assessments must account for the circumstances in which behaviors occur.

A dog should not be defined exclusively by its most difficult moments in shelter custody, particularly when the shelter environment itself may have contributed to those behaviors.

What Borys and Cuspid Demonstrate
These two cases raise common concerns:
● Negative behavioral descriptions may receive greater public exposure than positive observations.
● Experienced volunteers may possess valuable information that is not reflected in official profiles.
● Restrictions on photography and video sharing can make it harder for rescues to find suitable foster homes.
● Shelter housing conditions and stressful situations may influence behavioral evaluations. ● Animals can demonstrate significantly different behavior after leaving shelter custody. ● Rescue organizations need timely, balanced, and sufficiently detailed information to make responsible placement decisions.

Accurate behavioral disclosure must include legitimate safety concerns. But transparency does not mean publishing only the negative information while excluding positive, documented observations.

For animals facing euthanasia, incomplete descriptions can directly affect their chances of survival.

5. Restrictions on Volunteer Photography, Evaluations,
and Public Feedback Must Be Reviewed
We request a comprehensive review of shelter policies limiting volunteers' ability to photograph animals, record videos, provide behavioral observations, and share accurate information with the public and rescue organizations.

Volunteers often spend meaningful time with shelter animals and may observe behaviors that are not reflected in official assessments.

They may see dogs walking calmly on leash, responding to commands, seeking affection, playing, interacting positively with people, or behaving differently outside their kennels.

These observations can be critical when rescues are evaluating whether an animal is appropriate for a particular foster home.

Reasonable safeguards for privacy, public safety, and accuracy are appropriate.

However, broad restrictions that prevent experienced volunteers from sharing factual, positive observations deserve serious scrutiny, particularly when the shelter itself publishes negative descriptions.

The City should review whether current policies allow sufficiently balanced information to reach potential adopters and rescue organizations.

We request clear policies permitting appropriate volunteer photography, videos, and documented observations, with consistent standards for accuracy and safety.

6. Animals Are Receiving Too Little Public Exposure
Before Euthanasia
Animals cannot find adopters or rescues if the public never has a meaningful opportunity to see them.

When dogs receive little exercise, limited enrichment, inadequate photography, negative-only descriptions, and restricted volunteer advocacy, their chances of adoption or rescue may be further reduced.

This is especially concerning for animals approaching euthanasia deadlines.

The City should examine how many animals placed at risk of euthanasia received:
● Adequate public promotion and adoption visibility.
● Recent photographs and videos showing the animal outside its kennel. ● Meaningful exercise, enrichment, and socialization.
● Balanced behavioral descriptions, including positive observations. ● Volunteer interaction and opportunities for independent evaluation. ● Timely notification to qualified rescue organizations. ● Reasonable opportunities for foster or rescue placement before euthanasia.

A shelter cannot fairly measure an animal's adoptability while restricting the very activities that help animals become visible and adoptable.

The City should also review whether newly implemented volunteer and publicity policies have reduced animals' exposure to potential adopters and rescues.

7. Shelter Housing and Behavioral Assessments Require
Independent Review
Reports of dogs receiving very limited exercise, remaining in kennels for prolonged periods, and being housed in potentially stressful group arrangements raise questions about the conditions under which behavioral assessments are conducted.

Behavior can be influenced by confinement, fear, pain, overstimulation, group conflict, and unfamiliar handling.

These factors are especially important when an animal's behavioral classification may contribute to a euthanasia decision.

The City should determine whether behavioral assessments adequately document:
● The specific behavior observed.
● The circumstances and environment in which it occurred. ● Whether the animal was frightened, injured, stressed, or undergoing a medical procedure.
● Whether the behavior was observed repeatedly or during a single incident. ● Positive interactions documented by staff or volunteers. ● Whether the animal was reassessed under different conditions. ● Whether a qualified rescue or foster placement was considered.

Behavioral evaluations should assess the individual animal while accounting for the environment in which the behavior occurred.

A negative classification should not substitute for a complete, documented, individualized assessment.

8. Historical Prevention Services and Return-to-Field
Practices Also Require Review
Our supplemental submission documents the substantial decline in publicly provided spay/neuter surgeries.

This is important because prevention services influence future animal populations, shelter demand, and the burden placed on residents and rescue organizations.

At the same time, our broader research identified major changes in return-to-field reporting and community-release practices.

A recorded live release does not necessarily establish an animal's long-term survival or welfare.

For vulnerable animals, including very young kittens, the City should be able to document the circumstances of release, health status, sterilization status, location, and any available follow-up information.

Administrative outcome classifications should not replace meaningful animal-welfare accountability.

The Council should evaluate prevention services and community-release practices alongside shelter intake and outcome statistics rather than treating them as unrelated issues.

9. Reporting Discrepancies and Historical Data
Accessibility Require Explanation
Our comparison of SJACS reporting identified differences between the City's public dashboard and figures reported to external organizations.

For FY 2024–25, the reviewed records showed:

Outcome ASPCA-Related Report SJACS Public
Dashboard
Adoption 4,527 4,505
Euthanasia 1,363 1,154
Rescue 1,168 1,159
Return-to-field 1,561 1,605
Transfer 985 733
These differences should be independently reconciled to determine whether they arise from reporting periods, definitions, classifications, later revisions, or other causes.

The City should also explain why historical datasets and reporting fields have become less accessible and ensure that previously published records remain available for independent review.

Publicly funded shelter operations should produce records that the public can examine, reproduce, and verify—not figures that change across reporting systems without a clear explanation.

10. Requests Before Any Council Vote
Before scheduling a vote to approve or disapprove the shelter report, we request that the San Jose City Council:

1. Review our supplemental submission to the Santa Clara County Civil Grand Jury, including the historical intake decline, reduced spay/neuter services, animals not admitted into shelter custody, and discrepancies among official datasets.

2. Review and respond to the Change.org petition signed by more than 2,500 residents and supporters, including concerns about the removal or restriction of experienced volunteers and the resulting effects on animal care, enrichment, adoption promotion, and rescue opportunities.

3. Examine current volunteer policies, including restrictions on photography, filming, behavioral observations, and public communication, and determine whether these policies limit animals' opportunities for adoption and rescue.

4. Conduct an independent review of daily animal-care standards, including exercise, enrichment, kennel confinement, staffing, group housing, and the management of unaltered animals.

5. Review behavioral assessment and euthanasia procedures, including whether evaluations account for environmental stress, veterinary handling, positive volunteer observations, and opportunities for reassessment.

6. Examine the cases of Borys and Cuspid, including their public behavioral descriptions, volunteer observations, shelter housing or examination circumstances, rescue efforts, and subsequent foster experiences.

7. Review public exposure for animals facing euthanasia, including photographs, videos, adoption promotion, volunteer interaction, rescue notifications, and the amount of time provided for intervention.

8. Require clear reporting of animals whose admission is declined, deferred, or redirected, including the reason for non-admission and any known subsequent outcome.

9. Require reconciliation of discrepancies between official datasets, including the figures submitted to external organizations and those published on the City's own dashboard.

10. Restore and preserve access to historical public records, including prior annual reports, datasets, reporting definitions, and documentation of changes.

11. Evaluate the long-term reduction in municipal spay/neuter services and its implications for shelter intake, animal overpopulation, and community demand.

12. Consider independent animal-welfare expertise and experienced rescue and volunteer representation in evaluating shelter operations and developing corrective measures.

Conclusion: The City Council Should Have the Complete
Picture Before Making Its Decision
The Santa Clara County Civil Grand Jury devoted significant effort to examining San Jose Animal Care and Services, and its work deserves serious consideration.

However, our supplemental research identifies important historical trends, reporting gaps, and operational concerns that warrant examination before the City Council reaches its conclusions.

A shelter that admits approximately 40% fewer animals than it did several years earlier cannot be evaluated adequately without understanding what happened to the animals no longer entering its custody.

A shelter reporting overcrowding and behavioral challenges cannot be evaluated adequately without examining exercise, enrichment, housing conditions, and the role of experienced volunteers.

And a shelter making life-or-death decisions about animals cannot be evaluated adequately without reviewing how those animals are assessed, publicly represented, and made available to potential rescuers.

The cases of Borys and Cuspid illustrate why these questions matter.

Both dogs faced euthanasia risk. Both had positive qualities that experienced volunteers or rescuers observed. Both ultimately received opportunities outside the shelter, where their behavior offered important additional context.

How many other animals never receive those opportunities? We are not asking the City Council to disregard the Grand Jury's work. We are asking the Council to consider the additional evidence, hear the concerns of experienced volunteers and rescuers, and ensure that major operational questions are addressed before accepting a final assessment of shelter performance.

The City Council should not be asked to make a decision based on an incomplete picture of the animals, the data, or the shelter practices involved.

The animals, the residents who fund these services, the volunteers who care for them, and the rescues working to save their lives deserve a thorough, transparent, and accountable review.

Supplemental Historical Information for
the Santa Clara County Civil Grand Jury
Request for Consideration of Additional Historical Context Regarding San Jose Animal Care and Services
Dear Members of the Santa Clara County Civil Grand Jury, First, I would like to sincerely thank the Grand Jury for the significant time and effort devoted to investigating San José Animal Care and Services (SJACS). As a San Jose resident, founder of a local rescue organization, and representative of a statewide coalition of rescue organizations, I greatly appreciate the thoughtful work that went into examining shelter operations and identifying areas for improvement.

I respectfully submit the following historical information to complement the Grand Jury's report, adopted on May 27, 2026, that was not evaluated in report scope. My intent is not to dispute the report's findings, but to provide additional historical context that may assist the Grand Jury should these issues be reviewed again or in the future.

At the time the investigation was conducted, I was unaware that the Grand Jury was gathering information from animal protection advocates. Had I known, I would have gladly shared the historical analyses and public records our coalition has since compiled.

1. A Longer Historical Review May Provide Important Context The Grand Jury primarily analyzed approximately five years of shelter data.

However, City annual reports show that SJACS historically operated at significantly higher intake levels.

Fiscal Year Animal Intake
FY 2018–19 18,584
FY 2024–25 11,205
This represents approximately a 40% decline in annual shelter intake.

A broader historical review may help answer an important policy question:
1 If thousands fewer animals are entering the shelter each year, why does same shelter continue reporting overcrowding and rescue organizations also experiencing growing overcrowding and report increasing requests for assistance from community members.

Another aspect - prolonged animal intake freeze - pushes more animals into communities, with no assistance from the shelter.

Based on intake logs obtained through public records requests for the seven-month period from June 2025 through January 2026, 940 of 4,227 animals—approximately 22% of all animals brought to the shelter—were not documented as accepted into shelter custody ( no intake)
## of Animals Notes
Interactions logged 4715
All Animals represented 6316
TNR, Surrender, Found, Euthanasia, Stray,
Transfer, Tails & Trails program, Wildlife, Disposal,
etc.

Accepted animals 3287
Animals not explicitly accepted 940
Animals with an “Other” outcome 2089
Other Jurisdiction, Euthanised, Other Shelter,
Wildlife Center, TNR
See Rejected animals Report: Analysis of Found Animals Turned Away from San Jose ACC
2 2. Municipal Prevention Programs Declined Dramatically The Grand Jury appropriately recommends expanding prevention efforts.

However, the historical decline in municipal low-cost spay/neuter services may deserve additional examination.

Public-owned animal surgeries declined from:

Fiscal Year Public-Owned Animal
Surgeries
FY 2018–19 1,916
FY 2019–20 1,494
FY 2020–21 2
FY 2023–24 0
FY 2024–25 34
Prior to these reductions, San José and Santa Clara County operated public low-cost programs providing thousands of affordable surgeries annually through municipal ( in house) and partner veterinary clinics.
3 At the same time, public reporting of these prevention services was removed from recent annual city reports.

Understanding the relationship between declining prevention programs and increasing community animal overpopulation may provide valuable historical context.

3. Historical Public Data Has Become More Difficult to
Review
The Grand Jury notes that reporting methodologies changed over time.

Additionally, our review also found that:
● Historical datasets have become more difficult to access; ● Thousands reporting fields have changed or disappeared; ● Historical dashboards are no longer consistently available; ● Long-term trend analysis increasingly requires California Public Records Act requests.

Maintaining stable historical datasets is important for transparency and independent evaluation.

Please view the full report on the website Animal Rescuers for Change: San Jose Animal Services Under Scrutiny as Data Gaps and Policy Shifts Raise Concerns 4 4. Multiple Official Datasets Report Different Results Our review identified differences between multiple publicly available shelter statistics reported by:
● SJACS public dashboard
● ASPCA operational reports
● Shelter Animals Count
● Best Friends Animal Society
● Animal Shelter Data Portal
For example:
● reported transfer totals differ,
● euthanasia totals differ,
● reported save rates differ.

A future review reconciling these datasets may strengthen confidence in publicly reported shelter performance.

Discrepancies Between Public Animal Population Dashboard and San Jose Animal Care Services Reports provided to ASPCA for Shelter Animal Count. FY 2024-25:

OUTCOME ASPCA Reports
SJACS Public
Dashboard DIF % DIF
ADOPTION 4527 4505 -22 - 0.5%
DIED 293 290 -3 - 1%
EUTH 1363 1154 -209 - 15%
MISSING 20 32 12 + 60%
REQ EUTH 552 591 39 + 7%
RESCUE 1168 1159 -9 - 0.3%
RTF 1561 1605 44 + 3%
RTO 1138 1122 -16 - 2%
TRANSFER 985 733 -252 - 34%
FOUND ANIM 427
LOST EXP 25
Total 11607 11191 11166 - 3.6%
5 5. Animals Declined Admission Already Exist in Internal Records but Are Not Included in Public Shelter Statistics One of the Grand Jury's recommendations is that SJACS begin tracking and reporting animals turned away due to capacity limitations.

Our historical review indicates that many of these records already exist internally but are generally not reflected in publicly available shelter datasets.

Using records from the Animal Shelter Data Portal, we identified:
1,252 stray/found animals declined shelter admission between FY 2021–22 and FY 2025–26.

Because these animals never formally entered shelter custody:
● they are excluded from official shelter intake totals; ● they are excluded from annual public outcome statistics; ● they do not appear on the City's public Animal Population Dashboard. 6 Accordingly, members of the public reviewing official shelter statistics would not know these animals existed.

This appears directly relevant to the Grand Jury's recommendation regarding declined admissions.

San Jose Animal Services: 1254 Stray/Found animals Declined Acceptance in the Shelter (Remained in Public Care):

Fiscal
Year
Intake: Found
Animal Shelter Data
Portal
Outcome: Found Animals
Animal Shelter Data
Portal
Public Facing Shelter
Website
Official Animal Population
Dashboard
cat dog other cat dog other cat dog other
FY 21/22 24 113 3 19 90 2 0 0 0
FY 22/23 50 246 6 42 192 3 0 0 0
FY 23/24 58 240 1 40 188 0 0 0 0
FY 24/25 39 387 1 49 393 1 0 0 0
FY 25/26 16 70 0 12 73 0 0 0 0
Total 1252 1149 0
Currently - found animals removed from public dataset with no option to verify how many animals were mandatory adopted by finders without shelter tracking. 7 6. Unknown Outcomes for Hundreds of Animals
Among these 1,252 declined found animals, our review found:
● 994 animals remained unaltered or had unknown sterilization status; ● These animals were not routinely microchipped, spayed-neutered or vaccinated by SJACC.
● Their long-term outcomes could not be verified through publicly available shelter records. ● Untrained members of the public were placed in the position of finding adopters, arranging rehoming, and raising funds for animals’ medical needs — responsibilities that traditionally fall within the government-funded animal shelter system.

Consequently, there is currently no public mechanism to determine whether these animals were:
● reunited,
● adopted,
● surrendered elsewhere,
● abandoned,
● or contributed to continued animal overpopulation.

7. Responsibility Has Increasingly Shifted to Community Members
Our review found that individuals bringing stray animals to SJACS are frequently required to:
● keep the animal in their custody;
● provide food and daily care;
● assume legal responsibility;
● locate owners;
● arrange veterinary care;
● arrange vaccinations;
● arrange sterilization;
● arrange adoption if no owner is located.

These responsibilities were historically associated with municipal shelter services.

Yet these animals are generally not reflected in official shelter intake statistics.

8. Example Documented in Our Report
8 One documented example involved Mumoos, a pit bull brought to SJACS in July 2025.

According to shelter records:
● the finder was instructed to keep the dog for 30 days; ● the dog was not microchipped;
● the dog was not sterilized;
● the finder became overwhelmed while attempting to care for and rehome the animal; ● a nonprofit rescue ultimately assumed responsibility for veterinary care, sterilization, microchipping, and adoption.

Pinky, another found stray pit bull mix, on June 30, was not accepted, finders are actively rehoming online- the dog is not chipped, vaccinated, or spayed. The rescue is helping with ethical adoption.

In July 2026, 29 dogs were listed on PetCompass as being required to remain with their finders, in some cases exposing the finders’ personal phone numbers. Several of those dogs are no longer published on PetCompass, including Pinky, leaving no publicly available record of their status while finders were left to manage rehoming efforts on their own.

The current status of these animals is unknown. Their records are no longer available on PetCompass, and they do not appear in the publicly accessible Animal Shelter Intake and Outcomes dataset.
9 https://data.sanjoseca.gov/dataset/animal-shelter-intake-and-outcomes This example illustrates how responsibility increasingly shifts from municipal shelters to community members and nonprofit rescues.

9. Existing Operational Records Suggest Additional
Transparency Is Feasible
Our review indicates that SJACS already maintains substantial operational records.

SJACC has regularly prepared detailed reports for outside organizations, including the ASPCA, while those same reports are not publicly available. Obtaining comparable operational information often requires separate requests under the California Public Records Act.

This suggests that much of the information needed for greater transparency already exists within shelter systems.

Routine publication of these records could reduce the need for repeated Public Records Act requests, lower City staff time and costs associated with compiling responses, and improve transparency and accountability.

10. Questions for Consideration
Based on the additional historical information submitted, we respectfully ask whether future review might consider:
● extending historical analysis beyond the five-year period; ● evaluating the long-term decline in municipal prevention programs; ● examining the approximately 40% reduction in shelter intake within a broader historical context;
● reviewing the 1,252 documented found animals declined admission that are currently excluded from public shelter statistics;
● evaluating long-term outcomes for those animals;
● examining why multiple official reporting systems produce different shelter statistics; ● reviewing historical changes to public reporting fields and datasets; ● evaluating whether declining shelter intake reflects reduced community need or an increasing transfer of responsibility to residents and nonprofit rescue organizations.

Closing
We greatly appreciate the work of the Santa Clara County Civil Grand Jury and share the goal of improving transparency, accountability, and animal welfare within San José. 10 We respectfully request that this historical information be accepted as supplemental material for the Grand Jury record and included for consideration under Item 7.1 of the August 18, 2026 San Jose City Council meeting: Response to the Santa Clara County Civil Grand Jury report concerning the San Jose Animal Care Center.

Our intention is simply to provide additional historical context to support a comprehensive evaluation and a more accurate understanding of how SJACC policies and performance have evolved over time.

Thank you again for your service to Santa Clara County and for your thoughtful work on behalf of the public and San Jose’s animals.

Suggested Attachments
Exhibit A – San José Deepening Animal Welfare Crisis (2026) Exhibit B – San Jose Animal Services Under Scrutiny as Data Gaps and Policy Shifts Raise Concerns
Exhibit C – San Jose’s Spay/Neuter Gap Is Shifting the Burden to Residents and Rescues Exhibit D – San Jose’s Expanding Return-to-Field Policy Is Putting Vulnerable Cats at Risk Exhibit E – Analysis of Found Animals Turned Away from San Jose ACC This structure presents the information as a constructive supplement to the Grand Jury's work rather than a critique, while grounding each point in documented historical data from your report.
11

← All documents from this meeting