Merced County issued keys to convicted felon in temporary program at animal control

A convicted felon participating in a welfare program was given keys to Merced County’s Animal Control facility, a privilege usually reserved for county employees, the Merced Sun-Star has learned.

A set of keys and key card were assigned to Anthony Burkhart Jr. by shelter supervisor Kristi Caseri, the department’s director, David Robinson, confirmed. Burkhart, 27, pleaded no contest to a felony robbery charge in 2008. He was sentenced to a year in jail and 36 months of probation, according to court records.

On April 7, 2008, Burkhart tried to forcibly snatch the purses of two women seated at a bus stop on Q Street, getting away with one woman’s purse, according to a Merced police report. Burkhart subsequently violated his probation during a DUI arrest and for allegedly driving on a suspended license, court documents show.

Caseri and Burkhart could not be reached for comment by the Sun-Star.

Burkhart was the only person in the Welfare-to-Work program given keys by Caseri, despite handling the same duties as others in the program, which included cleaning animal kennels and taking out trash. Shelter volunteers and other unpaid individuals do not get keys, Robinson said.

Robinson, who first denied that Burkhart was given keys but confirmed it shortly after a Sun-Star interview, could not explain why Burkhart received the keys and others in the same program didn’t.

“That’s the call of the supervisor to decide who she wants to issue keys to. I don’t see it as an inconsistency problem,” Robinson said. “She (Caseri) felt it was efficient, so he didn’t have to stand at the back door and knock and wait for employees to let him in.”

However, others in the Welfare-to-Work program are required to knock and wait to be let in, according to Robinson. Volunteers from rescue groups that pull hundreds of animals out of the shelter each year are required to do the same.

“When he (Burkhart) first started, he would just borrow someone’s keys to unlock the door,” said one Animal Control employee, who asked not to be identified for fear of retaliation. “At some point, it wasn’t good enough.”

The employee said giving keys to a felon with a criminal history put the county at risk because the facility contains veterinary drugs and firearms.

“You can’t put people in a position where something could happen,” the employee said. “If something does happen, what’s your excuse for it? All it would do is make the county look bad.”

No single policy on keys

It’s unclear if Burkhart had access to money or the facility’s safe. Robinson said the keys unlocked the facility’s back door, kennel area, an incinerator and a wash system. An attached key card also gave Burkhart access to the facility’s front door, the Animal Control employee told the Sun-Star.

Merced County does not have a countywide policy on administering keys to employees or unpaid workers such as Burkhart.

“There is no one generic policy that applies across the county,” said Human Resources Director Marci Barrera. “It’s really up to the individual department to manage that process, because it depends on the department’s needs.

“We have a number of facilities throughout the county and the cities,” she added. “There’s no way for us to manage or control every single location.”

Merced County Executive Officer Jim Brown told the Sun-Star that he learned about the situation recently and will “look into” it. Brown said he’s unsure about the type of keys Burkhart was given.

“I’m assuming they put protocols in place to limit access,” Brown said. “At this point, we’re just becoming aware of the circumstances. If there have been some inappropriate decisions or judgments, we will look into it and ensure in the department and organization (that) these things are addressed.”

Brown said it’s unclear if officials were aware of Burkhart’s criminal background while he worked there. However, Robinson said he knew about Burkhart’s felony conviction – and still interviewed him for a permanent job at Animal Control.

Interviewed for extra help job

Burkhart was part of a temporary Welfare-to-Work program and is no longer working at Animal Control, according to county officials.

Participants of the program are mandated to work a certain number of hours at selected sites to receive cash assistance, according to Human Services Agency Deputy Director Mary Ellen Arana. About 5,800 Merced County residents are enrolled in the Welfare-to-Work program, which is limited to a total of four years.

But before Burkhart left Animal Control, he was interviewed by Robinson and Caseri for an extra help, animal care specialist position.

Robinson confirmed Burkhart was considered for the job, but said the position has not been filled.

A felony conviction does not preclude someone from employment at Merced County, according to Barrera. The county does not conduct background checks on all prospective new hires, only those required by state law and usually those working with high-risk populations such as children and the elderly.

Assembly Bill 218, a new law that went into effect July 1, prohibits employers from asking an applicant to disclose criminal history on a job application.

Merced County responded to the changes by creating a “felony statement form” to be completed by applicants at the time of interview. Burkhart filled out the form during his job interview, according to Robinson.

“I’m not sure I can discriminate against people based on their background,” he said, “But you’re touching on a personnel matter that I’m uncomfortable with.”

New era is coming soon

A new era for the embattled Merced County Animal Control is just a few weeks away.

The Board of Supervisors last month voted unanimously to have the Sheriff’s Department take over the management of Animal Control, removing it from the supervision of Robinson, who’s also the county agricultural commissioner.

Sheriff’s Department senior patrol Sgt. James Pacheco, who has 25 years of law enforcement experience, was recently named to lead the agency as part of a reorganization.

Pacheco said the situation with Burkhart is new to him, but he’s still learning how the Animal Control agency operates. The Sheriff’s Department won’t take full possession of the facility until Sept. 22.

“We’re just observing right now,” Pacheco told the Sun-Star. “We haven’t actually taken possession of anything yet.”

Pacheco said he’ll look into the issue with Burkhart and policies related to keys once the department takes the reins.

“After we take the keys on Sept. 22, we’ll be able to know what policies to put in place,” he said. “Once we get in there, we’ll review what the policies are and put things in place to make the office run smoother.”

This story was originally published September 12, 2014 at 6:44 PM with the headline "Merced County issued keys to convicted felon in temporary program at animal control."