Minutes of the Meeting Held
March 21, 2006
The Delaware Harness Racing Commission met for a meeting at Dover Downs, Dover, Delaware at 10:15 a.m. on Tuesday, March 21, 2006.
Commission Members Present
Robert L. Everett, Acting ChairmanMary Ann Lambertson, Commissioner
George P. Staats, Commissioner
Kenneth Williamson, Commissioner
Patricia Murphy, Commission Counsel
Commission Members Absent
Beth Steele, Chairman
Others Present
Grace Allen, Horsewoman / Diane Eastburn, OwnerRichard Allen, Horseman / Scott Egger, Presiding Judge
Jay Baldwin, D.V.M., Bleeder Meds Veterinarian /
Hugh J. Gallagher, DDA, Administrator, DHRC
Philip Bangle, Esq. / Louise Kinsey, Judges, Admin. Asst., DHRCJames Boese, General Manager, HRI / Charles Lockhart, V.P. Harness Racing Dover Downs
Jay Baldwin, D.V.M., Bleeder Veterinarian / Gloria Myers, DSBF
Allen Cook, Associate Judge, DHRC
/ William Millman, Paddock InspectorRobert Collison Chief Inspector, DHRC
/John Peters, D.V.M., DHRC Veterinarian
Karen Craft, Facilities Manager, Harrington Raceway
/Jo Ann Price, Paralegal
Sal DiMario, Executive Director, DSOA /Robert Stevenson, Trainer
Joseph Dugan, Owner/Trainer /Joseph Strug, Lab Director, Dalare Associates
John Eagling, D.V.M., DHRC Veterinarian /Peter Tritton, Trainer
Call to Order/Welcome
Acting Chairman Everett called the public session of the meeting to order at 10:19 a.m. and welcomed those in attendance.
Approval of Minutes
Commissioner Staats made a Motion to approve the February 21, 2006 Minutes as written. Commissioner Lambertson seconded, and the Motion passed unanimously.
Old Business
None.
New Business
· Discussion of Proposed Language for Changes to DHRC Rule 8.9.15.2.1/8.9.16: Mr. Gallagher proposed a rule change, which was read into the record. Copies were distributed. Comments were as follows:
o Not the Same Machine: Ms. Eastburn protested by asking why the outside testing source would be eliminated, as Dr. Soma does not use the same machine. She believes that using a machine used to test human blood is a set up for problems, as the Radiometer machines is sold with a human manual. She added that the FDA has not approved this machine for human testing and is contention with Radiometer at the present time. She believes the machine was sold illegally. Mr. Gallagher said she was in error as Mr. Collison, Mr. Strug and himself went to Dr. Soma’s laboratory in November, at which time Dr. Soma stated he was using the same machine. Mr. Collison concurred that Dr. Soma did say two weeks ago that he is in fact using the same model machine. Ms. Eastburn again quoted from Dr. Soma’s testimony on June 7, 2005. Mr. Gallagher has received two reports from him since then, one as recently as two weeks ago. Additionally, Mr. Collison spoke last Tuesday with an official at Pocono Downs, who is using a similar machine, which was also recommended by Dr. Soma. Mr. Collison cannot answer Ms. Eastburn’s allegations, and has accepted Dr. Soma’s recommendations on their face. Dr. Peters originally went to Pocono Downs with Mr. Wayne and agreed that their machine is virtually identical to the machine we use today. He does not know if it is approved by USDA, but it has been used for over six years to test horses who have claimed to be naturally high. This is one reason the machine we use was chosen. Mr. Strug stated FDA approval would not have any bearing on a machine used for a forensic purpose, as the FDA cannot dictate how a customer uses a machine for any scientific purpose.
o Wait for Court Decisions: Mr. DiMario asked the Commission to wait to change the language until the courts have decided on the pending cases. He felt the horsemen have very little if any protection, and if this proposal is accepted, it will mean further acceptance of high fines and suspensions.
o No Penalty Change Proposed: Mr. Gallagher clarified that this proposal does not address a penalty change, which could be considered at a later date. This provides for two tests, which parallels what it was designed for, as a pre-race test.
o Language Change Proposed: Dr. Peters clarified that the language should state “the second extraction” not “second sample”, as it is actually the fourth sample taken.
o Adopt a Policy That Works: Mr. Lockhart offered that horsemen have come before this Commission who have said using sodium bicarbonate is the best way to improve performance. We have done a post race, then a pre race, and the reality is that the way we are currently testing is that Dr. Soma says this is not the way to do it, but the very fact that you are trying to test gas that you move which is tested so many hours later is a failure. Adopting something like the proposed rule change would make this the best testing procedure. The horsemen have the best recourse, a quarantine, which could prove their horses are naturally high. To continue this process is a waste of time and energy, and creates a smear on the industry. Either adopt something that works or drop something that doesn’t. This proposed change is a step in the right direction.
o Give Consideration to Frequent Use: Dr. Peters added that every case of positive CO2 we have attributed to baking soda could be alfalfa hay, thyroid, corticosteroids, etc. Some consideration should be given by the Commission to this. When Delaware Park was considering pre race blood gas testing, he went to harness shops to see what was available. Many products had a high concentrate of sodium bicarbonate. He thought the Commission should be careful because many people feed this particular substance to their horses. Ms. Eastburn concurred.
o Proposed Language Only: The Chairman reminded participants that the machine has been reviewed and is running properly, and all comments will be taken into consideration, but at some point we should draw the line. Everyone will always have different opinions, but if a horseman has any doubt that a substance may cause a high reading, they should refrain from using it. This was proposed language today.
· Bute Rule Change Published in DSOA’s Newsletter: Mr. DiMario reported that the DSOA’s March newsletter included a Notice advertising a rule change. The Notice will also be in their April newsletter, but the due date for comments will be amended to April 21, 2006, as the Public Hearing date has changed from the 18th to the 25th.
o Dr. Peter’s Testimony re: Bute: Dr. Peters cannot attend the Public Hearing and offered his opinion on the proposed change: The legal use of bute in two years old should be allowed as this is the amount currently in use at Delaware Park and most two years olds race in Delaware; these are not immature racehorses. Two milligrams = 2 nanograms, or two parts per million. He considers this a very small amount, used as therapy, which would have virtually no effect on the horse at this time.
Reports from Racing Administrator and Racing Officials
Mr. Gallagher reported on the University of Louisville two day intensive Continuing Education Program presented at Delaware Park on March 13th. This program is mandatory for Judges to retain their accreditation status attained after passing the required tests from the 8-day program held annually in Louisville, Kentucky. Mr. Gallagher acted as a CE instructor during the Program. The accreditation status of each of our current Judges was reviewed. Per State mandate, only Judges who are fully accredited will be able to work after June 1, 2006.
Public Comment
None.
Recess
A brief recess was called at 10:50 a.m. The appeals began at 11:19 a.m.
Appeals
· Robert Stevenson (DD-329-05): Mr. Stevenson appeared pro se, and Phil Bangle, Deputy Attorney General, appeared for the State. A court reporter took a verbatim transcript of the proceedings.
· Peter Tritton (DD-332-05): Mr. Tritton appeared pro se, and Phil Bangle, Deputy Attorney General, appeared for the State. A court reporter took a verbatim transcript of the proceedings.
The record was closed at 12:37 p.m.
Recess
A recess was taken for lunch. The Public Session resumed at 1:25 p.m.
Deliberations
· Robert Stevenson: After a discussion of the merits, Commissioner Williamson moved to reduce the fine to $1,000 and the suspension to 15 days. Commissioner Staats seconded, and the Motion passed unanimously. The final decision will be in the form of an Order which will be forthcoming at the next Commission meeting.
· Peter Tritton: After a discussion of the merits, Commissioner Lambertson moved that the suspension be reduced to 3 months total, and the $3,000 fine remain unchanged. Commissioner Staats seconded, and the Motion passed unanimously. The final decision will be in the form of an Order which will be forthcoming at the next Commission meeting.
Executive Session
Having no further business, at 1:43 p.m. Commissioner Staats made a Motion to adjourn to Executive Session to discuss personnel issues. Commissioner Williamson seconded, and the Motion passed unanimously.
Public Session resumed at 2:27 p.m.
Public Session
· Approval of Employees for Harrington Meet: After reviewing the list, Commissioner Williamson moved to approve the names, Commissioner Lambertson seconded, and the Motion passed unanimously. All persons who have applied for positions for the Harrington Spring meet will be interviewed at the Department of Agriculture on Wednesday, April 29th from 11:00 – 5:30. The review panel will consist of Commissioners Everett and Staats, Mark Davis (DDA Executive Assistant), Mr. Collison and Dr. Towers.
Upcoming Events
· Rulebook Changes Meeting: April 11th - 10:15 a.m. at Department of Agriculture
· Regular Meeting: April 25th – 10:15 a.m. at Harrington
· Interviews for HRI Spring Meet: March 29th – 11:00 a.m. – 5:30 p.m. at DDA
Adjournment
At approximately 2:45 p.m., having no further business, Commissioner Staats moved to adjourn, Commissioner Williamson seconded, and the Motion passed unanimously.
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