My Open Letter to Eric C McDonald MD, MPH

Please Note – here is the link to the Public Records Response Act that I received and that this is in response to.

July 3rd, 2016

An Open Letter to Eric C McDonald MD, MPH

Regarding your response to my PRA request on April 30th ferret “bite” incident

County of San Diego
Health and Human Services Agency
3851 Rosecrans St Mail Stop P-57
San Diego, CA 92110-3134

Dear Dr. McDonald,

On June 2nd I had an unexpected visit from La Mesa Animal Control Officer C Gremillion and La Mesa Police Department Officer T Purdy. They told me I was reported as the owner of a ferret that bit someone on April 30th in Balboa Park. I explained I had not been in Balboa Park for years and knew nothing of the incident. I asked how my name got involved in this and they said to contact Jackie Hopkins at your office.

I filed a Public Records Request Act dated June 4th but delayed one week because I used an out of date address for your office. You responded on July 2nd.

My hope was to find out the Why, Who, Where and How of the situation.

I got none of this. I got an explanation that some documents are being withheld. You cited Government Code 6254 ( c ) :

A personnel, medical or similar record generally refers to intimate or personal information which an individual is required to provide to a government agency frequently in connection with employment. The fact that information is in a personnel file does not necessarily make it exempt information. Information such as an individual’s qualifications, training, or employment background, which are generally public in nature, ordinarily are not exempt. Information submitted by license applicants is not covered by section 6254(c) but is protected under section 6254(n) and, under special circumstances, may be withheld under the balancing test in section 6255.

And ( k )

Attorney-Client Privilege The attorney-client privilege covers confidential communications between an attorney and his or her client. The privilege applies to litigation and nonlitigation situations. The privilege appears in section 954 of the Evidence Code and is incorporated into the CPRA through section 6254(k). The privilege lasts forever unless waived. However, the privilege is not waived when a confidential communication is provided to an opposing party where to do so is reasonably necessary to assist the parties in finalizing their negotiations.

A little research on my part shows that your decision is not subject to appeal. The only way for me to obtain the information is through a lawsuit. I do not wish to further fund the legal profession.

What I did learn is “I am known to bring ferrets into public places.” And my ferrets have been responsible for a previous bite incident.”

Did more than one of my ferrets bite the same person?

A Little Background:

Actually there was one bite incident. On January 1st 1998 my ferret Rocky bit a TV cameraman. Animal Control showed up on January 3rd without a warrant. We reached an agreement that Rocky would be quarantined at Plaza Boulevard Animal Hospital in National City. On January 5th Animal Control seized him and euthanized him that night. We learned that once the Department of Health Services in Sacramento knew who’s ferret they had, they ordered the ferret killed immediately. Then they asked for his vaccination status. News story here.

There was a subsequent incident in Balboa Park a few years later. An unattended four-year-old girl grabbed one of my ferrets without permission. When we retrieved the ferret back his claws scratched her arm. Shortly thereafter nine armed agents came to my house with a search warrant. I didn’t answer the door, they broke it down and I foolishly picked up a knife.

I was convicted for brandishing a weapon against a police officer and was sentenced to 45 days in jail, serving 17 in maximum security. The ferret was found not guilty and we sent him to Mexico.

To bring this issue back to the present.

On May 3rd I received a call from someone who found a ferret in North Park or Hillcrest. My goal is to return the ferret to the rightful owner. So I had someone pick up the ferret and put out the word, including an ad on Craigslist, simply said:

Found ferret – email to identify.

And I received A letter from Lieutenant C. Pourroy,  CA Department of Fish & Wildlife:

It has been brought to our attention, through Craigslist, that you might be in possession of a ferret. Per California Code of Regulations T-14 Section 671(c)(2)(k); all ferrets are illegal to import, export, transport, maintain, sell, or possess in the State of California, except under a permit issued from the Department of Fish & Wildlife per CCR T-14 Section 671.1.
If you are in possession of a ferret, and do not possess a permit from the Department of Fish & Wildlife, you have one of the following three options:
1) Ship the animal out of state.
2) Return the animal to the point of origin, if outside of CA.
3) Destroy animals.

A little research on C Pourroy shows she makes a base salary of $79,198.96 and then nearly $40,000 in overtime. And she’s sitting on Craigslist looking for ferrets?

So I put another ad on Craigslist:

Dept of Fish and Wildlife Hates it when we post about FERRETS
Our tax dollars at work. How much?
Would you believe $127,840.
Free the Ferrets! https://www.legalizeferrets.org/

And I linked it to Ms. Pourroy’s warning letter.

Lo and behold on May 4th someone comes forward for the ferret via Facebook Messenger. A woman who says her name is Casey Cheyne. But Casey doesn’t have a picture of her ferret. She says she was taking her ferret to be spayed and her vet doesn’t want to get involved. (which was a red flag as I’ve never had an unspayed found ferret in California, they are already spayed when they reach the pet stores) She can’t identify an unusual marking on it. Her Facebook page is mysteriously incomplete. She doesn’t know anything about ferrets. She won’t send me any identification that she is who she says she is. Is this a Fish and Game sting?

On May 9th her final message:

Rocky would be ashamed at how biased and passive aggressive you’re being. This isn’t about safety or what’s right, it’s about what’s Wright. Take care. I am not the dramatic type.
I never mentioned Rocky to her. Obviously she’s done her own research.

Are Cyndy Pourroy and/or Casey Cheyne involved in fabricating the April 30th bite incident? Are they the same person?

I don’t know. I do find it curious that the exceptions you cited are based on government employment and attorney-client privilege. I fail to see how that applies to this situation without a little paranoia on my part. Is this a conspiracy? Please tell me it ain’t so!

Please further understand ferrets are domestic animals, legal in 48 states. When we tried to legalize them in California, thinking we were citizens of this state who actually mattered and had a voice, we were treated with hostility.

Fish and Wildlife dug in their heels, coming up with bizarre stories of ferrets attacking babies, biting machine gun style and drinking blood.

PET EUROPEAN FERRETS: A HAZARD TO PUBLIC HEALTH, SMALL LIVESTOCK AND WILDLIFE

But that isn’t our experience. Ferrets are little clowns. They bring us life and joy in a sometimes dreary world.

And research agrees with us.

• No feral ferrets
• Safest interactive pets next to guinea pigs
• Don’t bark, kills birds and plenty of other reasons.

This whole thing is ridiculous and monstrously unfair.

And when I ask for a little information; who, what, why and where about an unexpected visit from the authorities regarding a made up ferret bite – I get such a non-answer. Well, you know why I am not satisfied but not surprised by this answer.

So let me put my response out there for everyone to see. This isn’t fair. Having been through the legal system I believe what Robert Blake said about his trial, “you’re innocent until proven broke” is very true.

This letter didn’t cost me a dime.
Sincerely,

Pat Wright