ACO Appointment & Training

Date Posted: Wednesday, September 11, 2024
Posted In: Legal Notes

Maine law requires every municipality to appoint an animal control officer (ACO). Unless a charter provides otherwise, the ACO must be a U.S. citizen, Maine resident and at least 18 years old. See 30-A M.R.S. § 2526. If qualified, an employee of an animal shelter may be appointed as ACO.

A person may not be appointed as an ACO if the person has been convicted of murder; of a Class A or Class B offense under Maine law; of a violation of Title 17-A, chapters 9, 11, 12 or 13 (generally, crimes of violence or sexual assault); of a criminal violation under Title 17 chapter 42 (generally, cruelty to animals); or if the person has been adjudicated for a civil animal cruelty violation under Title 17 chapter 739, or has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those listed above. See 7 M.R.S. § 3947.

Because of the disqualifications listed above, municipal employers should conduct a criminal background check on any person who will be appointed as an ACO. See MMA Legal Services’ information packet on Employee Background Checks for more information.

In addition, within six months after appointment, an ACO must complete basic training and be certified by the commissioner of the Maine Department of Agriculture, Conservation & Forestry (DACF). Basic training includes training on investigation of complaints of cruelty, response to calls concerning rabid animals, enforcement of dog licensing and rabies immunization laws. See 7 M.R.S. § 3906-B.

To maintain certification, ACOs must take at least 8 hours of advanced training annually, which includes training on animal cruelty with respect to hoarders of animals and with respect to domestic violence, and training on new laws, case reviews and report writing. See 7 M.R.S. § 3906-B.

The municipal clerk must notify DACF within 10 days after a new ACO is appointed and within 10 days of any vacancy.

We advise municipal employers to periodically confirm with their ACOs that training and certification requirements are being fulfilled. For more on ACO responsibilities, see our Animal Control Information Packet, available in the “Legal” section of MMA’s website. (www.memun.org) (By S.F.P.)