AGREEMENT TO TRANSFER OWNERSHIP OF K-9 KAYN BY WAY OF ADOPTION TO OFFICER MICHAEL CIESLAKAGREEMENT TO TRANSFER OWNERSHIP OF K -9 KAYN
BY WAY OF ADOPTION TO OFFICER MICHAEL CIESLAK
This Agreement is made and entered into between the City of Clearwater, Florida,
hereinafter the "City," and Officer Michael Cieslak.
WHEREAS, a recent medical evaluation revealed that K -9 Kayn, who has been
with the Clearwater Police Department since 2013, will need to be neutered
within the next six months due to an oversized prostrate for an estimated cost of
$1,000.00 for the procedure; and
WHEREAS, K -9 Kayn is showing signs of the physical demands of the job as a
police K -9; and
WHEREAS, the life expectancy of a working police dog is between 9 and 12
years, with 5 years being the average dedicated, working life for a K9; and
WHEREAS, K -9 Kayn's handler, Officer Michael Cieslak, is scheduled to retire in
the next few weeks and has been partnered with K -9 Kayn for approximately 4
years; and
WHEREAS, K -9 Kayn is a high drive /high energy dog that requires a high level of
training with an experienced handler; and
WHEREAS, it would be impossible for anyone to gain the knowledge and
compatibility that was gained by the handler /canine team during approximately
four years of canine work; and
WHEREAS, attempting to reassign K -9 Kayn to a new and inexperienced
handler increases risk due to possible aggression during K -9 school, which
simulates high stress scenarios that could elicit an unexpected and dangerous
response to commands from a new handler; and
WHEREAS, there are no planned K -9 schools, which are sixteen weeks in
duration, until October or January of 2018, meaning that K -9 Kayn would be
approximately six years of age at the completion of K -9 school; and
WHEREAS, K -9 Kayn is clearly set in his ways, will not allow anyone else to
handle him, and is a one handler dog, as police canines are trained to be; and
WHEREAS, K -9 Kayn is equipment orientated and will become aggressive to
anyone else holding or touching what he perceives to be his equipment, including
his leash, water and food bowls, collar, or kennel; and
WHEREAS, K -9 Kayn will not, therefore, make a good pet for anyone; and
•
WHEREAS, K -9 Kayn clearly has earned his retirement with the handler that has
taken care of him throughout his career and should be resting at home; and
WHEREAS, Section 2.624(1), Code of Clearwater, authorizes the City Manager
to dispense with the bidding requirements for the disposal of surplus property
and to dispose of the property as the City Manager deems necessary when the
value of the property does not exceed $500.00. Moreover, Section 2.624(3),
Code of Clearwater, authorizes the City to dispense with the bidding
requirements and to dispose of the property as deemed necessary when the item
can be sold or otherwise disposed of through only one source.
NOW THEREFORE, in consideration of the promises contained in the
Agreement, the parties agree as follows:
1. The City agrees to transfer ownership of K -9 Kayn to Officer Michael Cieslak
by way of adoption.
2. Officer Michael Cieslak agrees to assume ownership and all responsibility for
the care of K -9 Kayn.
3. Officer Michael Cieslak agrees to indemnify and hold the City harmless from
any and all claims, suits, judgments, and liability for death, personal injury, or
property damage attributable to the dog's actions occurring after the
Agreement is executed by both parties, including legal fees, court costs, and
other legal expenses.
4. The transfer is effective upon the execution of this Agreement by both parties.
proved as to for
Robert . urette
Assistan ity Attorney
CITY O/IF__ CLEARWATER, FLORIDA
By: d.(,Vv
William B. Horne, II
City Manager
Attest:
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Rosemarie Call
City Clerk
OFFICER MICHAEL CIESLAK
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ichael Cieslak
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Date
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BRIGHT AND BEAUTIFUL • BAY TO BEACH
Interoffice Correspondence Sheet
TO: Major Eric Gandy
FROM: Sergeant Michael Spitaleri
CC: Lieutenant Michael Walek 10,
DATE: April 7, 2017
RE: K -9 Kayn
K -9 Officer Michael Cieslak will be retiring after 22 years of service to the
Clearwater Police Department. This department memorandum serves as my
official request for approval to retire K -9 Officer Cieslak's current K -9 partner
Kayn.
Below I have highlighted the reason for my request:
1) K -9 Kayn is a high drive /high energy dog. He requires a high level of
training and he has a strong bond with K -9 Officer Cieslak. K -9 Officer
Cieslak is an experienced handler and he knows how to get the most out
of his partner. It is my belief; as well the belief of both retired Sergeant
Jim Hall and lead canine trainer Robert Pease, that K -9 Kayn would not
be suitable for reassignment with a new and inexperienced K -9 handler.
2) K -9 Kayn is five years old. I have made contact with the Pinellas County
Sheriff's Office as well as the St. Petersburg Police Department reference
the start dates for their next available patrol school. I have confirmed
that K -9 Kayn would not be afforded the opportunity to attend school
until October at the earliest. This means K -9 Kayn would be
approximately six years of age at the completion of the K -9 school. The
K -9 school is sixteen weeks long totaling 640 hours of training.
3) The average working life of a police K -9 is approximately five years. K -9
Kayn has been with the Clearwater Police Department since 2013.
Although K -9 Kayn is healthy at this point, he is showing signs of the
physical demands of the job as a police K -9. I have made contact with
the department veterinarian Doctor Greg Masters. At my request Doctor
Masters has performed a full medical evaluation of K -9 Kayn. Doctor
Masters confers with my assessment of K -9 Kayn's current physical
condition. Based on the medical evaluation K -9 Kayn will need to be
neutered within the next six months to eliminate issues with his
i
oversized prostate. The medical procedure, complete with all of the
appropriate pain medication, will cost the department around $1,000.00.
Doctor Masters also agrees that K -9 Kayn would not be a good candidate
for reassignment to a new and inexperienced handler due to his level of
drive and age.
4) Should K -9 Kayn be reassigned to a new handler, there is an increased
risk of K -9 Kayn showing signs of aggression to a new handler during K-
9 school. The way that K -9 school is designed it requires the instructor
and student to simulate high stress scenarios which could elicit an
unexpected and dangerous response to commands from a new handler.
Although K -9 Kayn has never showed this type of behavior in the past I
have seen dogs that are reassigned act much differently with a newly
assigned partner. Again, it is my belief that the risk far outweighs the
reward should K -9 Kayn be reassigned.
5) The cost to replace K -9 Kayn is approximately $9,000, depending on the
vendor. I believe purchasing a new canine, selecting a new handler, and
putting them through school as a team is the most cost effective way to
ensure that our unit remains at full strength for a longer period of time.
Should K -9 Kayn be reassigned a handler will have to attend multiple
schools in a relatively short period of time due to his age. In doing a
simple cost analysis I can clearly highlight the cost benefit to the
department to replace K -9 Kayn to avoid having to pay the new handler's
salary multiple times during that time frame to attend multiple K -9
schools. In addition this would leave the agency with a shortage of police
canines during those schools. Purchasing a new canine, selecting a new
handler, and putting them through a canine school is the much safer
and more cost effective way to ensure that our unit remains at full
strength for a longer period of time.
6) K -9 Officer Cieslak and K -9 Kayn have formed an indescribable bond as
a team throughout their years of service to our department as well as the
citizenry. K -9 Kayn is not only a working partner but a member of K -9
Officer Cieslak's family. The devastating loss of K -9 Kayn as a member of
K -9 Officer Cieslak's family would create an enormous amount of pain
and stress to his wife and children. This type of bond has been formed
over the years and is not easily formed between a K -9 and new handler.
K -9 Kayn has performed admirably during his years of service. He has assisted
with dozens of arrests as well as located numerous articles of evidentiary value.
He has been a valuable asset to department performing countless public
demonstrations resulting in the type of community outreach that only the K -9
unit can provide. K -9 Kayn deserves to enjoy his remaining years as a member
of K -9 Officer Cieslak's family. For the reasons I have highlighted above I am
formally requesting that the Clearwater Police Department approve of my
request to retire K -9 Kayn.
Sergeant Michael Spitaleri