Could a Kentucky county hire a for-profit company to run its animal shelter or supply an animal control officer?

Plain-English summary

The Kentucky Attorney General concluded in 2015 that a county could contract for an animal shelter only with a governmental or nonprofit operator, while an animal control officer could be supplied by a for-profit entity. The distinction came from two definitions in the animal control statute.

The shelter definition listed governmental bodies and specified nonprofit organizations as operators. The animal control officer definition allowed an individual employed, appointed, or contracted by a local government or by an entity contracting with one; it did not limit that entity to nonprofits.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a county use a for-profit company to operate its animal shelter?

The AG said no. It read the shelter definition as limited to governmental and nonprofit operators.

Could a for-profit contractor provide an animal control officer?

Yes. The opinion found no comparable nonprofit restriction in the animal control officer definition.

Did the statute require counties to maintain an animal shelter?

The opinion quoted KRS 258.195(1), which required each county’s governing body to establish and maintain a shelter and to arrange for an animal control officer.

Background and statutory framework

A legislator asked whether counties could contract with for-profit providers for both functions. The AG compared the definition of animal shelter in KRS 258.095(13) with the animal control officer definition in KRS 258.095(8) and the county duty in KRS 258.195(1). It cited Lewis v. Jackson Energy Co-op. Corp., 189 S.W.3d 87, 91 (Ky. 2005), for the inference drawn from a statute’s express list.

Citations and references

Statutes: KRS 258.095(13); KRS 258.095(8); KRS 258.195(1).

Case cited: Lewis v. Jackson Energy Co-op. Corp., 189 S.W.3d 87, 91 (Ky. 2005).

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Pages/Opinions.aspx
• Original Word document: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG15-002.doc

Original opinion text

OAG 15-002

January 23, 2015

Subject: Whether a county can contract with a for-profit entity to provide an animal shelter or animal control officer

Requested by: Rep. Joni Jenkins

Written by: Matt James

Syllabus: A county may only contract with a governmental or non-profit entity to operate an animal shelter. A county may contract with a for-profit entity to provide an animal control officer.

Statutes construed: KRS 258.095

Opinion of the Attorney General

Rep. Joni Jenkins has requested an opinion of this office regarding whether a county may contract with a for-profit entity to provide an animal shelter or animal control officer. We advise that a county may only contract with a governmental or non-profit entity to provide an animal shelter, but may contract with a for-profit entity to provide an animal control officer.

KRS 258.195(1) provides that “the governing body of each county shall employ, appoint, or contract with an animal control officer, or shall contract with an entity that employs, appoints, or contracts with an animal control officer, and shall establish and maintain an animal shelter.” KRS 258.095(13) provides that “‘animal shelter’ means any facility used to house or contain animals, operated or maintained by a governmental body, incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization.” KRS 258.085(13) defines an animal shelter as a facility to contain animals operated by a governmental body or other nonprofit organization. “It is a primary rule of statutory construction that the enumeration of particular things excludes ideas of something else not mentioned.” Lewis v. Jackson Energy Co-op. Corp., 189 S.W.3d 87, 91 (Ky. 2005). KRS 258.095(13) lists only government and non-profit entities. It must be presumed that since the legislature enumerated the entities which may operate an animal shelter, and only included government and non-profit entities, that for-profit entities are excluded. Accordingly, a county may only contract with a governmental or non-profit entity to provide an animal shelter.

While animal shelters are required to be operated by either a governmental or non-profit entity, a county may contract with a for-profit entity to provide an animal control officer. KRS 258.095(8) provides that:

“Animal control officer” means an individual who is employed or appointed by, or has contracted with:

A city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances; or

An entity that has contracted with a city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances.

KRS 258.095(8) defines an animal control officer as an individual employed by a local government or an entity that has contracted with a local government to enforce animal control laws. KRS 258.095(8) does not contain the same restrictions as KRS 258.095(13), in that it does not specify that the animal control officer must be employed by a non-profit entity. Accordingly, a county may contract with either a non-profit or a for-profit entity to provide an animal control officer.

In summary, an animal shelter must be operated by either a governmental or non-profit entity. An animal control officer may be provided by a governmental, non-profit, or for-profit entity.

JACK CONWAY

ATTORNEY GENERAL

Matt James

Assistant Attorney General