Brenda Davis Appointed To California Horse Racing Board

California Gov. Gavin Newsom announced the following appointments on Thursday:

Brenda Davis, 65, of Sacramento, has been appointed to the California Horse Racing Board. Davis has been Principal at the Brenda Davis Law Group since 2007. She was managing counsel at the California Farm Bureau Federation from 1999 to 2007. Davis was a Legislative Advocate and Negotiator in the Executive Office of the Attorney General at the California Department of Justice from 1996 to 1999. She is a member of the California State Bar, New Mexico State Bar, Mercy Foundation Board of Trustees, Forest Foundation Board of Directors, and the Arden-Arcade Community Planning Advisory Council. Davis earned a Juris Doctor degree from the University of California, Berkeley School of Law. This position requires Senate confirmation and the compensation is $100 per diem. Davis is a Republican.

Wendy Mitchell, 49, of Los Angeles, has been reappointed to the California Horse Racing Board, where she has served since 2019. Mitchell has been principal of WM Consulting Inc. since 2006. She served on the California Coastal Commission from 2011 to 2016 and the Los Angeles South Valley Area Planning Commission from 2009 to 2011. Mitchell was Vice President of Public Policy for the National Association of Women Business Owners from 2008 to 2010 and served on the Board of Directors for the California League of Conservation Voters from 2007 to 2018 and the Women's Political Caucus in 2018. She was Chief of Staff for State Senator Denise Ducheny from 2003 to 2005. Mitchell earned a Master of Public Administration degree from the University of Southern California. This position requires Senate confirmation and the compensation is $100 per diem. Mitchell is a Democrat.

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CHRB: Medical Director Issues Heat-Stress Memo, Santa Anita Approved To Delay Meet Start

The California Horse Racing Board conducted a meeting by teleconference on Thursday, August 20. The public participated by dialing into the teleconference and/or listening through the audio webcast link on the CHRB website. Vice Chairman Oscar Gonzales chaired the meeting, joined by Commissioners Dennis Alfieri, Damascus Castellanos, Wendy Mitchell, and Alex Solis.

The audio of this entire Board meeting is available on the CHRB Website (www.chrb.ca.gov) under the Webcast link. In brief:

  • Dr. Rick Arthur, equine medical director, helped open the meeting with a discussion of the current heat wave in California and its effect on racehorses. Dr. Arthur explained that temperatures alone do not determine whether it is safe for horses to compete. He described the Heat Stress Index (HSI) as a more accurate method. He sent a memo this week to horsemen, track management, stewards, and veterinarians reminding them of how to use HSI and when to undertake heat-stress mitigation steps. That memo is posted on the CHRB website under Racing Safety.
  • The Board approved the license application for the Los Angeles Turf Club (LATC) to conduct a race meet at Santa Anita Park, with racing commencing Saturday, September 19, through Sunday, October 25. Aiden Butler, director of racing at Santa Anita, said although racing concludes September 7 at Del Mar, Santa Anita will be delaying the start of its meet by more than a week to give horses a rest and to ensure that all COVID-19 protocols are in place.
  • Concerning that meet at Santa Anita, the Board approved an agreement between LATC and the Thoroughbred Owners of California authorizing the racing secretary to set conditions on races, which will include limitations on Lasix and intra-articular medications.
  • Vice Chair Gonzales and Commissioner Mitchell reported on their Wednesday teleconference meeting of the Race Dates Committee. They indicated there is general agreement among stakeholders for 2021 date allocations, aside from a week here and there. If there is no agreement on those weeks, the committee will make a recommendation in the best interests of the racing industry at the September 24 meeting.
  • The Board authorized an exemption for fire clearance approval at Los Alamitos and an extension for such approval at San Luis Rey Downs training center based on evidence that both had clearances from local fire authorities, so the allowances only pertained to additional regulatory requirements.
  • The Board approved for 45-day public notice a proposed regulation establishing rules for public participation at meetings, which largely reflect the procedures that currently are in place, including limiting unsolicited speakers to two minutes each on agenda items.
  • The Board approved a requirement for practicing veterinarians to use an electronic on-line form prescribed by the Board when submitting their required veterinarian reports to the Official Veterinarian.
  • The Board approved an emergency amendment to better align CHRB drug classifications with those of the Association of Racing Commissioners International.
  • The Board approved the re-election of three directors to the board of the California Thoroughbred Horsemen's Foundation: Angie Carmona, Dr. Victor Levine, and Eric Sindler.
  • The Board authorized Fasig-Tipton Co. to conduct a horse auction sale at Fairplex Park on October 19.

Public comments made during the meeting can be accessed through the meeting audio archive on the CHRB website.

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CHRB Votes to Settle Justify Santa Anita Derby Case

Mick Ruis has announced that he has reached an agreement in principle with the California Horse Racing Board regarding a settlement of pending litigation in Los Angeles County Superior Court.

The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 GI Santa Anita Derby, in which the first-place finisher and subsequent Triple Crown winner, Justify, tested positive for the prohibited substance scopolamine. Bolt d’Oro, owned and trained by Ruis, finished second.

Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days, according to a press release from Ruis’s attorney, Darrell Vienna.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing.

CHRB spokesperson Mike Marten said, “Mick Ruis’ lawsuit against the California Horse Racing Board (CHRB) is still active, ongoing litigation. At this point, no settlement has been signed, and because it is ongoing litigation, the CHRB has no further comment.”

The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify’s connections.
CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a class 1-3 prohibited substance regardless of the trainer’s responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor’s intention to ‘hold the group accountable on matters of drugs, safety, and integrity.’ It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” Ruis said.

Ruis continued, “This legal action was never just about the purse money, I wanted to stand up for what’s right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally. I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

“It has been a pleasure to work with Mr. Ruis,” Vienna said. “He is an individual who truly believes and has proven
that one man can make a difference. We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Vienna told TDN that the agreement would be “in exchange for the dismissal of the entire litigation,” including any possible damages.

Vienna added that a separate hearing under the trainer “insurer rule” would provide Baffert “an opportunity to clearly prove whether or not this was environmental contamination.”

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Los Alamitos Given Green Light After New Plan For Equine, Rider Safety Praised By Board

At the end of a ten-day period of probation of its license due to concerns about equine fatalities, Los Alamitos received unanimous support from the California Horse Racing Board (CHRB) Monday to continue running its meet.

A petition filed by CHRB executive director Scott Chaney triggered an emergency meeting of the board ten days ago to discuss a recent cluster of deaths — both exercise-related and non-exercise-related — at the track. Following that emergency meeting, the track has seen two more equine fatalities. Since then, Los Alamitos officials submitted a plan to commissioners, outlining their plans to increase surveillance and further restrict medication use on the backstretch in order to reduce risk to horse and rider.

The plan sets up an entry review panel comprised of an entry steward, track management representative, and a veterinarian to scratch any horses they feel “unsuitable for any reason of horse and/or rider safety.” That panel, which was enacted for last week's racing, has already scratched five horses.

In addition to CHRB-mandated necropsy reviews that already take place following a racing or training death, the track will now require its own assessment process that will include the horse's veterinarian and trainer for all deaths, not just those related to exercise. Trainers with two equine deaths in a year on the Los Alamitos grounds which are not racing or training-related will undergo a review process and could see their participation privileges at the track revoked. More personnel will be observing morning training at the track, and patrolling the backstretch with the latitude to question handlers and veterinarians about procedures they observe at the barn.

Dr. Rebecca Fitzgerald, track veterinarian, said that initial set-up of these procedures, particularly the entry review board, have already been tremendously helpful. Fitzgerald said she has also taken on the task of conducting exams on horses the day after a race to make sure they came out of it well.

The new plan places restrictions on age and workout experience for first-time starters (Thoroughbred and Quarter Horse) and also prohibits intra-articular injection within 14 days of a race, and intra-articular cortisone within 30 days of a race. Trainers are also prohibited from entering horses that have had two intra-articular cortisone injections within the previous 60 days. Dr. Rick Arthur, CHRB equine medial director, pointed out that three of the last four fatalities would have been barred from entry if the new intra-articular injection rules had been in place earlier.

“I can assure you all that we're kind of humiliated by this whole thing,” said Dr. Ed Allred, owner of Los Alamitos. “I think a lot of it just sort of happened. Things happen in clusters sometimes; we've said that before. We're going to do all we can, everything we possibly can, to do things properly in the future. Some of our people, our trainers will be a little upset by it, but they will adjust to it.”

“You made the comment about some of the trainers are not going to like it and all that — too bad,” said CHRB commissioner Dennis Alfieri. “They shouldn't be training. A lot of trainers that call themselves 'trainers' and they're not trainers. They have one or two horses, they bring them in, they race them … that's what's always made me uneasy with this whole industry, is people who call themselves trainers who shouldn't be training horses. These trainers that don't want to step up and raise their own bar should be out.”

Representatives from the Thoroughbred Owners of California, California Thoroughbred Trainers, and Pacific Coast Quarter Horse Racing Association all spoke up in favor of the new plan.

Although commissioners were generally appreciative of the work Allred and his team put into the plan, commissioner Wendy Mitchell said she hesitated to be too congratulatory toward the industry.

“I really appreciate that people put together this plan and plan on implementing it; I wish we weren't in this situation in the first place,” said Mitchell. “This is the first time we've used this regulation and I was not satisfied with the response at our hearing last week. I think that patting everyone on the back at this point isn't really appropriate … we want to give the track the backbone and knowing they have the support of the CHRB to crack down. While I appreciate the plan, let's keep it in perspective — we're in this situation, which is not a good situation.”

Los Alamitos is scheduled to conduct nighttime Quarter Horse races through late December. Allred and Fitzgerald reassured the board these new protocols will remain in place on a long-term basis. See the complete plan, along with public comments offered before the meeting, here.

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