Helena-West Helena Mayor James Valley filed an affidavit July 10 calling for the arrest of Ruby Burton, director of the Humane Society of Southeast Arkansas. The affidavit was sent to Arkansas County Circuit Judge David Henry Monday.
The complaint accuses Burton of impairing operations of a public facility, criminal mischief, interfering with governmental operations, disorderly conduct and commercial burglary when she confiscated dogs from the city pound Jan. 9.
Valley said that Burton “claims” to be with the Humane Society, but said, “There are no records available to indicate such status.”
“More importantly, Ruby Burton has never been authorized by any law enforcement agency in Phillips County, Arkansas to take any steps affecting the welfare of any animals in Phillips County,” stated Valley in his affidavit.
He further alleged that Burton had no authority or justification to take the animals and that since that day in January, she has:
• Aided and abetted others in the taking of steps to interfere with local governmental operations including but not limited to taking dogs from the pound; cutting locks and chains;
• Coerced city employees to buy dog kennels;
• The placement of dog kennels in the middle of workspace at the street and sanitation shop;
• Climbed fences to tamper with the handling of the dogs;
• Drove past do not enter signs at shop gates; and
• Refused to check in at the sanitation shop office upon entering city property. “She’s admitted taking these actions in an affidavit sworn to and subscribed before Carolyn Slane on June 16,” said Valley’s affidavit.
Henry is the same judge that signed a warrant for Valley’s arrest on animal cruelty charges stemming from an incident in June when he had 10 dogs turned loose near the St. National Forest. Burton issued the affidavit calling for Valley’s arrest.
Valley has not been arraigned on the misdemeanor charges.
At press time, Henry had not issued a warrant for Burton’s arrest.
Burton has seen the affidavit and addressed Valley’s allegations.
Burton says she was elected director of the HSSA six years ago and has the minutes from that meeting. The HSSA was incorporated in 2000 to prevent animal cruelty and she says the state laws give her authority to take the actions she did on Jan. 9.
She cited Arkansas code 5-62-111, section (a), which states,” Any officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his or her presence.”
“You’re damn right. If there are animals in peril being treated inhumanly, we have every right to get those animals,” said Burton in a telephone interview Wednesday.
“I can produce anything he wants to prove that I am the director but according to the state law, any member of a humane society can confiscate animals,” said Burton. “We’ll do it again and we’re getting ready to pop some more locks,” said Burton, saying that the Helena-West Helena facility is not the only site in the state that isn’t properly caring for animals in their custody.
Burton also cited state code 5-62-113 that gives humane society members the authority to make arrests.
“Upon being appointed by the president of any society which is incorporated for the prevention of cruelty to animals in any county of this state, an agent of the society within the county
(See Affidavit on Page 2)
may make arrests and bring before any court or magistrate having jurisdiction any offender found violating the provisions of this section, §§ 5-62-110 - 5-62-112, and §§ 5-62-114 - 5-62-119.”
Burton said that humane society members are recognized by the general assembly as an integral part of public health, welfare and safety citing state code 20-19-101, which states, “The General Assembly finds and declares that humane societies for the prevention of cruelty to animals organized under the laws of this state now or hereinafter in effect are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.”
Burton said that on Jan. 9, Valley was called about the animals at the city pound.
“The mayor said, with Channel 4 as a witness, to take them (animals), that he didn’t care,” she said.
Burton claims that volunteers had to crawl over fences to give the dogs water and food and says state code allows her the authority to take that action. She cited code 5-62-118, which states, “Any person who impounds or causes to be impounded in any pound or other place any creature shall supply to it during the confinement a sufficient quantity of good wholesome food and water.”
She says some good has come from the worldwide attention gained by Valley actions.
“Although the mayor didn’t mean to do it, his behavior has helped get the humane society and issues in this state to the forefront,” said Burton.
Valley issued a press release, which can be found on his blog at http://jfvalley.blogspot.com/.