THOMPSON: CITY HAS NOT IMPLEMENTED RECOMMENDATIONS BY HORSE-CARRIAGE INDUSTRY ADVISORY BOARD
- Follow-up audit also uncovers continued lack of oversight of horses and inspections -
The Department of Health and Mental Hygiene (DoHMH) has yet to implement recommendations made by the Advisory Board for the horse-carriage industry in New York City, according to a follow-up audit by New York City Comptroller William C. Thompson, Jr.
Thompson's original audit, released more than two years ago, determined that DoHMH had failed to create a City-required Advisory Board for more than 25 years. At the time, Thompson charged that the lack of an Advisory Board resulted in a failure to ensure that rules overseeing the industry remain current and address vital issues.
"Now we come to find out that although the Health Department has created the Advisory Board, they are simply dragging their feet to address the recommendations," Thompson said.
He added, "It is astonishing that the Health Department is only now - two years after our audit - at the initial reviewing stage of processing recommendations intended to improve health, safety, and well-being of the carriage horses. It is imperative that the agency act appropriately and quickly to effect appropriate change in the horse-carriage industry."
Thompson's current audit - available at www.comptroller.nyc.gov - also determined that:
- DoHMH did not establish additional criteria to help ensure the identity of carriage horses.
- The Department of Consumer Affairs (DCA) continues to be non-compliant with rules requiring that carriage inspections be conducted at least once every four months.
- DCA routinely processes horse license renewals after licenses have expired.
- DoHMH inspectors do not use a detailed stable inspection form (VPHS 100) to record stable inspections.
The carriage-horse industry is regulated by the New York City Administrative Code Titles 17 and 20 and the Rules of the City of New York Titles 6 and 24. The DoHMH and the DCA are the key agencies responsible for overseeing and licensing the horses, carriage-horse drivers, carriages, and stables. During Fiscal Year 2009, there were approximately 203 licensed horses, 283 licensed drivers, and 68 licensed carriages that provided horse-drawn carriage rides to the public.
The horses are monitored by the office of Veterinary Public Health Services (VPHS) at DoHMH. VPHS is responsible for reviewing and approving each carriage-horse Certificate of Health (COH), signed by a New York State-licensed veterinarian, stating that the horse is able to work. After approval, DCA issues the horse license. Each year prior to the expiration of the horse licenses, horse owners must renew them by providing a current COH to VPHS.
When they are not working, horses are housed in one of five stables on the west side of Manhattan between 37th and 52nd Streets. The stables are required to have stalls with sufficient bedding of straw, shavings, or other suitable materials that are changed as often as necessary to maintain a clean and dry environment. Owners must provide the horses with adequate food, water, heating and ventilation. The Administrative Code and the Rules of the City of New York authorize DoHMH to inspect the carriage-horse stables.
Current DoHMH regulations require that horse stables be inspected by VPHS no fewer than four times per fiscal year, and horses at work receive at least four field inspections per fiscal year. Drivers and horse-drawn carriages are both licensed by DCA.
While DoHMH and DCA have regulatory responsibilities, the American Society for the Prevention of Cruelty to Animals (ASPCA) monitors the carriage-horse industry and inspects stables based on the ASPCA's authority under Article 26 of the Agriculture and Markets Law and Title 17 of the Administrative Code. The ASPCA regularly performs inspections of carriage horses at both stables and in the field to observe their condition.
The purpose of this audit was to determine whether DoHMH and DCA have implemented the 11 recommendations contained in the previous audit, entitled Audit Report on the Licensing and Oversight of the Carriage-Horse Industry by the Departments of Health and Mental Hygiene and Consumer Affairs (Audit No. MH07-092A, issued June 27, 2007).
Thompson's follow-up audit disclosed that of the 11 recommendations made in the previous audit, DoHMH and DCA have implemented seven recommendations. One recommendation was partially implemented, two were not implemented, and one is no longer applicable.
In addition to DoHMH's failure to address Advisory Board input, Thompson found that other recommendations made in the initial audit also were not addressed.
First, the follow-up determined that additional horse identification methods were not implemented by DoHMH, even though the agency agreed with Thompson's original assessment that the agency needed to establish supplementary criteria to help ensure the identity of carriage horses.
"The Advisory Board voted unanimously for the use of microchips as the identification method for carriage horses and as of this date the Commissioner has yet to propose any changes made by the Board, specifically those in the horse identification methods permitted by DoHMH," Thompson said. "It is imperative that the City is able to track horses to ensure their continued health and well being."
Thompson also charged that DCA is still not performing the required inspections at least once every four months, as required by the Administrative Code.
"DCA did not amend regulations to reduce the number of inspections performed, nor did the agency enter into a formal agreement with an outside organization to perform all required carriage inspections," Thompson said. "These inspections are essential to horse-carriage industry oversight, and DCA must make improvements in this area."
Thompson's follow-up audit also pinpointed new issues that the City must address with regard to the horse-carriage industry.
First, Thompson determined that unlicensed horses may be working after their licenses have expired. For a sample of 22 horses whose licenses had not been renewed, DCA could only provide renewal or supplementary information on 12 of the horses. DCA did not receive any further renewal information from DoHMH for the remaining 10 horses.
"Since the process does not enforce a timely license-renewal process, we cannot be certain if all horses presently working have a current license and are fit to work," Thompson said. "It is possible that some of these horses are working without licenses, which is totally unacceptable."
Thompson's audit also found that DoHMH does not require the use of stable inspection forms, and inspectors generally do not use them. While DoHMH procedures suggest that inspectors complete stable inspection form VPHS 100, instead, DoHMH inspectors generally report violations only on the 148E inspection report, which is less extensive and also serves as the Notice of Violation form.
"The recommended forms are more comprehensive and allow inspectors to record specific information, including the inspection of horse licenses, condition of stable, stable temperature, food quality, inspection of log books, and treatment of horses," Thompson said. "Without these details, it is difficult to document the condition of horses and stables and ensure that horses are being treated humanely."
Finally, Thompson's audit highlighted that DoHMH does not maintain an accurate list of horse licenses.
"By not maintaining an updated listing of horse license numbers, inspectors and outside organizations do not have an accurate and current list of licensed horses when they conduct their field visits and cannot ensure that all horses that are licensed will be inspected," Thompson said.
As a result of the audit, Thompson made several recommendations to address issues that still exist from the previous audit, including that:
- DoHMH establish additional criteria that can be used in conjunction with tag numbers to help ensure the correct identification of carriage horses.
- DCA officials comply with the Administrative Code and the Rules of the City of New York by conducting the required carriage inspections or by entering into a formal agreement with an organization to perform all required carriage inspections.
- DoHMH implement the recommendations made by the Advisory Board.
To address the new issues identified in the audit, Thompson recommended that:
- DCA and DoHMH officials comply with the Administrative Code and ensure that all working horses are healthy and currently licensed.
- DoHMH require inspectors to use form VPHS 100 when inspecting horse stables.
- DoHMH require inspectors to examine horses against a current license inventory to ensure that inspections properly monitor the conditions of all working horses. The inventory list should be periodically provided to outside organizations, such as the ASPCA, that assist in the oversight of the carriage-horse industry.