Bradley County Commission Vice Chairman Jeff Yarber, left, and Chairman Louie Alford engage in a heated discussion regarding whether the SPCA of Bradley County has violated its animal sheltering agreement with the county.CLEVELAND, Tenn. - A divided Bradley County Commission is giving the county's nonprofit animal shelter provider 30 days to reverse its decision to stop accepting animals from Cleveland residents.
In a recent meeting, the commission voted 8-6 to serve notice to the Society for the Prevention of Cruelty to Animals of Bradley County that its refusal to accept animals from city residents was a breach of contract. The notice gives the organization 30 days to remedy the situation.
The decision came despite an opinion from County Attorney Crystal Freiberg that the SPCA is not in violation of its agreement.
The change in the shelter's intake policy was based on an Oct. 31 opinion emailed to Commissioner Dan Rawls, a SPCA board member, by Freiberg.
The agreement "language does not contemplate or require that Bradley County [through Agreement with SPCA] will provide animal shelter services for the city of Cleveland," Freiberg said.
According to the county's $80,000 annual agreement with SPCA, the nonprofit shelter is required to "provide sheltering of all domestic animals brought to the facility by Bradley County residents at no charge during normal business hours."
The proposal to serve notice was made by Bradley County Commission Vice Chairman Jeff Yarber, who voiced disagreement with Freiberg's opinion, citing the agreement's use of the words "Bradley County residents."
Commissioners Mark Hall, Bill Winters, Milan Blake, Johnny Mull, Charlotte Peak, Howard Thompson and Bobby Goins supported Yarber's proposal.
"If you vote [for] this, you're voting against her [Freiberg's] authority to recommend things to this county commission," Bradley County Chairman Louie Alford said in a heated exchange with Yarber before the vote.
Commissioners Terry Caywood, Mike Hughes, Thomas Crye, Robert Rominger and Rawls joined Alford in opposing the notice to remedy.
"To say that I'm disappointed in tonight's vote to issue a notice to cure would be an understatement," SPCA board President Ed Elkins said. "I think you have just voted tonight to really terminate the contract."
Elkins, a former county commissioner who voted to approve the SPCA contract in December 2013, said he always understood the intent to be that Bradley County would take care of its animals and that the city -- which has a municipal animal shelter -- would take care of its animals.
The new intake policy was intended to mitigate limitations on the shelter's space, funding and volunteers, SPCA board members have said.
Elkins said detractors have undermined outside funding.
"I think at the onset there were quite a bit of donations and contributions coming in," he said. "Unfortunately, with all the negative publicity, a lot of the sources mysteriously dried up."
There is potential that the SPCA could seek legal remedy for breach of contract, an action that could occur if the SPCA refuses to comply with the county's request and the county subsequently terminates the agreement because of that refusal, Freiberg said.
Paul Leach is based inCleveland. Email him atpaul.leach.press@gmail.com.