Washington Horse Racing
Commission
Special Meeting Minutes
August 16 & 17, 2007
Present were: Carol Smith-Merkulov, Chair; Jeff
Colliton, Commissioner; Paul George, Commissioner;
Bud Hallowell, DVM, Commissioner; Hartly Kruger, Commissioner;
Heather Polz, Assistant Attorney General; Robert M.
Leichner, Executive Secretary; Patty Sorby, Confidential
Secretary.
Item #1. Approval of the meeting minutes of July
12, 2007.
Commissioner Kruger moved to approve the meeting
minutes of the July 12, 2007 meeting. Commissioner
Colliton seconded the motion. Unanimously approved.
Item #2. Chairperson’s report.
Chairperson Smith-Merkulov said the Governor’s
office has announced a change in the member representing
Washington with the National Racing Compact (NRC).
Hartly Kruger, Commissioner, served as president of
the NRC and had brought the organization back into
solvency. The Governor’s office announced that
Jeff Colliton had been appointed to the live horse
racing compact committee beginning August 3, 2007
serving until June 30, 2011.
Chairperson Smith-Merkulov said she attended the
Longacres Mile Draw breakfast and will be presenting
the Distaff Trophy to the winner on Mile Day.
Item #3. Emerald Downs report.
Mr. Ron Crockett, President, NW Racing Associates
LP, reported to the WHRC the simulcast and live wagering
report. He said the purse figures were right on projections.
Wagering is up at the track and the off-track wagering
sites. He reported a twelve horse field for the Longacres
Mile on Sunday, August 19th. Mr. Crockett reported
the Washington-bred horses continue to comprise fifty
percent of the winners in races.
Mr. Crockett said he was pleased overall with the
meet. TVG advance deposit wagering firm is doing well
and Emerald Downs is receiving good coverage in the
media.
Item #4. Walla Walla Fall meet officials.
Robert Leichner read the officials that had been
submitted by Walla Walla Fair and Frontier Days and
said they were the same as the Spring meet. There
was a change in the entry days submitted from August
28 to 29; August 29 to 30; and August 31 to September
1.
Commissioner Kruger moved to approve the officials
for the Walla Walla Fall meet. Commissioner Hallowell
seconded the motion. Unanimously approved.
BREAK. (9:15 AM to 9:20 AM)
Item #5. WHRC Walla Walla Fall meet officials.
Mr. Leichner read the WHRC officials for the Fall
meet at Walla Walla. He also announced that Presiding
Steward, Robert Lightfoot would be retiring on the
last day of the Walla Walla meet after twenty-one
years of service as an official and with thirty or
more years in the industry as a trainer, owner, and
past HBPA representative.
Commissioner Colliton moved to approve the WHRC officials
for the Walla Walla Fall meet. Commissioner George
seconded the motion. Unanimously approved.
Item #6. TOBA testing.
Mr. Leichner said TOBA was continuing to require
extensive testing for Class One through Four drugs
in order to maintain graded stakes status. Washington
will be in compliance for the Longacres Mile.
Item #7. Hearings:
Mr. Leichner said he had approved a request to reschedule
the hearing for L. Videll and Virgil Bronson. They
were unable to locate transportation.
b) Virgil Bronson.
Rescheduled.
c) L. Videll Bronson.
Rescheduled.
a) Mark Boag.
Chairperson Smith-Merkulov opened the hearing for
Mark Boag and introduced Commissioners present. Heather
Polz, Assistant Attorney General represented the Commission.
Michael S. Tribble, Assistant Attorney General represented
staff. Mark Boag was present and was not represented
by an attorney. Mr. Tribble introduced seven exhibits
and Chairperson Smith-Merkulov admitted them. Douglas
Moore, Presiding Steward, WHRC, gave testimony as
did Mark Boag. After considering the evidence, Mr.
Boag was given a conditional license.
e) Leslie A. Mawing.
Chairperson Smith-Merkulov opened the hearing for
Leslie A. Mawing and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commission. Michael S. Tribble, Assistant Attorney
General represented staff. Leslie A. Mawing was present
and was not represented by an attorney. Mr. Tribble
introduced seven exhibits and Chairperson Smith-Merkulov
admitted them. Douglas Moore, Presiding Steward, WHRC
gave testimony. Frank Lucarelli, Trainer was sworn
but gave no testimony. Leslie Mawing also testified.
After considering the evidence, the WHRC unanimously
upheld the decision of the board of stewards.
BREAK (10:46AM – 11:05AM)
g) Gary Wallace.
Chairperson Smith-Merkulov opened the hearing for
Gary L. Wallace and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commission. Michael S. Tribble, Assistant Attorney
General represented staff. Mr. Wallace was present
and not represented by an attorney. Mr. Tribble introduced
six exhibits and Chairperson Smith-Merkulov admitted
them. Richard K. Smith, Investigator, WHRC gave testimony.
Douglas Moore, Presiding Steward, WHRC gave testimony.
Mr. Wallace also testified. Mr. Wallace was unanimously
granted a license and his licensure in the future
would be handled by the board of stewards and was
not to come before the WHRC again unless circumstances
change with regard to his criminal history.
LUNCH BREAK. (12 Noon – 1:00 PM)
h) Kevin S. Knapp.
Chairperson Smith-Merkulov opened the hearing for
Kevin S. Knapp and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commission. Michael S. Tribble, Assistant Attorney
General represented staff. Mr. Knapp did not appear.
Mr. Tribble stated that staff had been contacted
by Mr. Knapp’s family and Mr. Knapp was in California
and unable to attend and requested a continuance.
WHRC staff also wanted to reschedule and supported
Mr. Knapp’s request for a continuance. The WHRC
approved a continuance.
i) Brent Holmes Lyon.
Chairperson Smith-Merkulov opened the hearing for
Brent Holmes Lyon and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commission. Michael S. Tribble, Assistant Attorney
General represented staff. Mr. Lyon was present and
was not represented by an attorney. Mary Ann O’Connell,
Executive Director, Horsemen’s Benevolent &
Protective Association, assisted Mr. Lyon with his
documents. Mr. Tribble introduced eight exhibits and
Chairperson Smith-Merkulov admitted them. Walter Roderick,
Investigator, WHRC gave testimony. Mr. Lyon gave testimony
in his own behalf. Mr. Lyon introduced five exhibits
and Chairperson Smith-Merkulov admitted them. The
WHRC granted Mr. Lyon a license and Mr. Lyon will
not have to appear before the WHRC again unless circumstances
change regarding his criminal history.
j) Gary Lonctot.
Chairperson Smith-Merkulov opened the hearing for
Gary Lonctot and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commissioners. Michael S. Tribble, Assistant Attorney
General represented staff. Mr. Lonctot was present
and not represented by an attorney. Mr. Tribble introduced
six exhibits and Chairperson Smith-Merkulov admitted
them. Mr. Lonctot agreed the exhibits were a true
and accurate statement of his background and no testimony
was heard from staff. Eulia Bischoff, Trainer, employer
of Mr. Lonctot, gave testimony on his behalf. The
WHRC permanently revoked Mr. Lonctot’s license
and made him permanently ineligible to be licensed
in Washington.
k) Robert McMillan.
Chairperson Smith-Merkulov opened the hearing for
Robert McMillan and introduced Commissioners present.
Heather Polz, Assistant Attorney General represented
the Commissioners. Michael S. Tribble, Assistant Attorney
General represented staff. Mr. McMillan was present
and not represented by an attorney. Mr. Tribble introduced
nine exhibits and Chairperson Smith-Merkulov admitted
them. Mr. McMillan gave testimony. Frank Lucarelli,
Trainer, gave testimony. The WHRC granted Mr. McMillan
a conditional license.
f) Macario C. Rodriguez.
Chairperson Smith-Merkulov opened the hearing for
Macario C. Rodriguez and introduced Commissioners
present. Heather Polz, Assistant Attorney General
represented the Commission. Michael S. Tribble, Assistant
Attorney General represented staff. Mr. Rodriguez
did not appear. Mr. Tribble introduced seven exhibits
and moved for an Order of Default to be an Order of
Dismissal and remand Mr. Rodriguez to the board of
stewards for imposition of the penalty. Chairperson
Smith-Merkulov granted Mr. Tribble’s motion.
Mr. Farrell was not present but had contacted the
WHRC Olympia office. Mr. Farrell was advised his hearing
had been rescheduled for August 17, 2007 at 9:00 AM
and he was required to be present.
Hearings closed.
Chairperson Smith-Merkulov announced that the special
meeting on Thursday, August 16, 2007 was adjourned
at 4:10 P.M. The meeting will reconvene at 9:00 AM,
Friday, August 17, 2007.
Special meeting was reconvened at 9:00 AM August
17, 2007.
Item #8. Executive Secretary’s report.
a) Accountant’s recap.
Mr. Leichner recapped the wagering activity comparison
for June 2006 and June 2007 by wagering year and calendar
year.
b) 2005-2007 Biennial Expenditure Recap.
Mr. Leichner explained the expenditures for the biennium
by object and sub-object.
c) Approval of extension for WSU equine incentive
grant.
Mr. Leichner explained Dr. Schneider had requested
more time to complete the final report for the WSU
equine incentive grant.
Chairperson Smith-Merkulov moved to approve the extension
of the WSU equine incentive grant. Commissioner Kruger
seconded the motion. Unanimously approved.
Mr. Leichner said Dr. Schneider would be able to
attend the January/February meeting whichever is more
convenient to his schedule to give his final report.
Item #9. Executive Secretary salary.
Chairperson Smith-Merkulov recommended raising the
Executive Secretary’s salary 3.2% as was given
to all other state agency administrators.
Commissioner Kruger moved to approve the salary increase
of 3.2% for the Executive Secretary effective September
1, 2007. Commissioner Hallowell seconded the motion.
Unanimously approved.
Chairperson Smith-Merkulov opened the hearings. (9:27
AM).
l) Bonifacio M. Benitez.
Chairperson Smith-Merkulov opened the hearing for
Bonifacio M. Benitez and introduced the Commissioners
present. Heather Polz, Assistant Attorney General
represented the Commissioners. Michael S. Tribble,
Assistant Attorney General represented staff. Mr.
Benitez did not appear. Mr. Benitez is not a licensee,
he was a patron at the race track when the prohibited
activity occurred. Mr. Tribble introduced four exhibits
and Chairperson Smith-Merkulov admitted them with
the exception of exhibit four. Mr. Tribble requested
the WHRC permanently deny access to grounds and facilities,
including off track wagering facilities, permanently
ineligible to apply for an advance deposit wagering
account and permanently ineligible to apply for any
license in Washington. The decision of the WHRC was
to ban Mr. Benitez from all facilities under the Commission
and the conditions as stated by Mr. Tribble.
d) Larry Farrell.
Chairperson Smith-Merkulov opened the hearing for
Larry J. Farrell and introduced the Commissioners
present. Heather Polz, Assistant Attorney General
represented the Commissioners. Michael S. Tribble,
Assistant Attorney General represented staff. Mr.
Farrell received the notice of hearing to appear on
August 16, 2007 at 9:00 AM and did not appear. Mr.
Tribble introduced fourteen exhibits but requested
exhibit four not be considered and Chairperson Smith-Merkulov
admitted the exhibits except exhibit four. The decision
of the WHRC permanently revoked Mr. Farrell’s
license and he is permanently ineligible to apply
for a license, permanently banned access from all
racing associations, satellite locations and permanently
ineligible to establish an advance deposit wagering
account with any firms licensed in Washington.
Hearings concluded.
Chairperson Smith-Merkulov stated that only items
listed on the special meeting notice agenda may be
brought before them and the special meeting held on
August 16 and 17, 2007 was adjourned.
____________________________________
Robert M. Leichner, Executive Secretary
(11:25 AM)
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