Telegraph photo by MATHEW PLAMONDON A cat hides under a car in downtown Nashua. With Nashua Mayor Jim Donchess and other city leaders under scrutiny for the contract with the Humane Society for Greater Nashua, the document’s current language allows for the trapping of cats as strays by the city.

NASHUA – City resident Gary Braun continues working to stop a contract he believes allows officials to capture cats throughout Nashua by simply declaring the animals “strays” or as “running at large.”

With his recent letter to Board of Aldermen President Lori Wilshire, Braun is asking elected leaders and members of the board’s Finance Committee to block the renewal of the contract between the city and the Humane Society for Greater Nashua.

“I requested that the Finance Committee decline to renew the contract between the city and the humane society to the extent that the proposed, renewal contract provides for impounding cats or ferrets as strays at the Humane Society,” Braun said in a statement.

The current contract allows the humane society to provide impoundment and quarantine services for cats by animal control or Nashua police. However, laws do not allow for the capture of cats, stray or otherwise.

After fighting to get the language in the contract changed in 2017, it was reintroduced last year- by all accounts, from the city and the humane society. Braun contends by providing these services, city officials are wasting resources and taxpayers’ dollars.

Braun alleges that during the course of events, Mayor Jim Donchess proposed the contract to the finance committee in August, but did not disclose that six months prior, he had renegotiated the revised contract which had removed the language.

Braun also claims that during that same meeting, the mayor did not inform the committee that the current contract contains unlawful language.

The events have led Braun to believe Donchess has purposely ignored the issue, leading him to file a lawsuit against Donchess and the city.

“It has been more than a year now since I first brought this matter to the attention of the city and Mayor Donchess,” Braun said in his statement. “I’ve commenced a lawsuit against the city to stop the city’s illegal activity, but so far, the mayor has not relented.”

“I’m asking the aldermen to exercise their political authority as a check and balance on the mayor,” Braun continued, “including so that the mayor and his administration are required to fully comply with state and municipal law regarding the treatment of domestic animals in Nashua.”

Donchess and the city have filed a motion to dismiss the lawsuit. They maintain the city owes nothing to Braun because neither he, nor his cat, sustained damages, despite the fact the cat was caught in one of the humane society’s traps.

“It doesn’t state claim for which the court can grant relief,” Nashua Corporation Counsel Steve Bolton said. “We don’t admit what he says is true. Even if what he says is true, the city is not liable to Mr. Braun for anything.”

“As a preliminary measure, he got his cat back and it is fine,” Bolton added. “The court has no power to grant him any relief. Therefore, the case should be dismissed.”

Bolton said he was not aware of the plan regarding revision of the contract.

The contract between the society and the city in Section No. 1 referring to cats states, “The HSFN (Humane Society for Greater Nashua) will provide the following impoundment and quarantine services for animals by the Animal Control Office or a Nashua Police Officer… Impoundment of stray felines for those with permanent ID only.”

However, Braun maintains city and state law allow healthy cats to roam freely, stray or otherwise.

With concern over the current language in which it allows for the capture of cats without identification as “strays” for “running at large,” Braun contends the city is wasting tax dollars for an illegal purpose.

Humane Society CEO Doug Barry said the organization has submitted a revised copy of the contract to the Mayor’s Office, but has yet to hear from anyone at City Hall on the topic. He said that unless the contract is changed, the society will continue to abide by the current language.

“We have been a great partner with the city,” Barry said. “We have worked for many, many years without any complaints and I assume we would continue to do so.”

“The city is concerned about the welfare of animals in Nashua, as is the humane society,” he added.

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