NY Seeks to Prevent Jockey Appeals That ‘Game the System’

The New York State Gaming Commission (NYSGC) unanimously advanced a rule proposal Tuesday that seeks to end the resource-draining practice of jockeys appealing riding infractions during big-money race meets like at Saratoga, then withdrawing those protests once the meet is over for the sole purpose of delaying a suspension until it is more convenient for the penalized rider to serve the days.

The proposed rule, which first must be published in the state lawmaking register and then be subject to a public commentary period before coming up again for a final NYSGC vote, would give the commission discretion to instead make the jockey sit out a suspension at a subsequent meeting at the same track.

It will not pass through that process in time to be in effect for the upcoming Spa season.

“Subjectively, this tactic appears to be most frequently used during the Saratoga race meet, where purses are substantially larger than at other subsequent meets,” NYSGC executive director Robert Williams explained to commissioners prior to the June 29 vote.

“Following the stewards' punishment for transgressions, experience has found that many jockeys seek a hearing, which administratively stays the penalty pending commission resolution of the matter,” Williams said.

“And while commission staff has been diligent in attempting to hear cases during the meet where the alleged transgression occurred, the full adjudication process can extend beyond such meeting,” Williams continued.

“As a result, the jockey can seek to game the system by requesting a hearing and then withdrawing the request at the conclusion of the meet, serving the suspension during a [different] meet [that] the jockey prefers.

“This tactic has real impact on commission operations, as staffing spends resources in arranging and preparing for a hearing that fails to be conducted,” Williams concluded.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for Tuesday's meeting, the former Racing and Wagering Board, a predecessor agency of the NYSGC, once had a “Saratoga policy” that allowed the agency to require a suspension for a violation that occurred at Saratoga to be served at Saratoga, even if the suspension had to be stayed to allow it to be served there the following year.

But, Burns wrote, “the New York Court of Appeals struck down the policy, concluding that it required formal rulemaking to be valid.”

A request for comment on the proposed New York rule emailed to Terence Meyocks, the president and chief executive officer of the Jockeys' Guild, did not yield a reply prior to deadline for this story.

The proposed language of the rule follows:

“If a jockey commits a riding infraction and the penalty of a suspension or revocation is not served during the same race meeting, then the commission in its discretion may order that the penalty be served, in whole or in part, at a subsequent race meeting at the same track.”

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Letter To The Editor: Move By The Jockeys’ Guild At Monmouth Dangerous, Unfair To Riders

The Jockeys' Guild decision to cancel insurance for jockeys who ride in races at Monmouth Park is vindictive and dangerous.

To proclaim Monmouth's new whip policy “extremely dangerous and is creating an even greater risk to both the equine and human athletes, including the potential for injury and/or loss of life to the jockeys and the horses” is in my opinion an extreme over-dramatization. But to characterize the jockeys' situation as “extremely dangerous” and at the same time refuse to insure them is a new level of histrionics and reveals the Jockeys' Guild to be an organization of bad faith.

As a long-time fan of Thoroughbred racing, I frankly fail to see how not being allowed to whip a horse to make it perform is “dangerous.” The rule does not prohibit the use of the whip if needed to avoid a dangerous situation within a race.

It comes down to an unwillingness on the part of the Jockeys' Guild to adapt to the new realities of public perception of animal welfare. Their punitive and backward approach will cause harm to the very group whose interests they claim to represent.

Holly Brunner, Thoroughbred owner and fan

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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Op/Ed: Guild Members: You Should Not Be Proud

Perhaps no collection of companies makes decisions based more on hard data, charts, statistics and actuarial tables then those that make up the insurance industry.

Non-smokers get better rates on health insurance.

Middle-aged drivers pay lower premiums than do those a generation or two younger.

Those driving in Los Angeles traffic pay more than those who live in rural areas of the country.

Apply for a term policy and the insurance company can list your premiums for the rest of your life. They know what the statistics show, based on your place of residence, family history, gender, age, health condition, etc.

Interested in long-term health care? Be ready for a question asking if you participate in such activities as bungee jumping, sky diving and/or, my favorite–heli skiing, which for the uninformed is off-trail, downhill skiing or snowboarding reached by helicopter instead of a ski lift.

One thing probably even riskier than heli skiing is being a Thoroughbred jockey. Every time a jockey gets a leg up on a mount, he or she knows the inherent risk involved in the vocation they have chosen.

Imagine being a jockey and speaking with an insurance agent about binding health or long-term coverage.

Which is why for years, members of the Jockeys' Guild have been provided access to policies for life insurance, temporary disability and accident, death and disability.

Yet, as reported by Bill Finley in the June 15 TDN, the Guild recently informed its members currently riding at Monmouth Park they would no longer be covered by the organization's policies.

Monmouth, as has been widely reported, is the first track, because of a directive from its state racing commission, whose jockey colony may carry a whip but not encourage its mounts with the stick.

As Finley noted, Guild management says it believes races at the New Jersey track are more dangerous with the new policy in effect.

“The increase of risk is thereby creating a greater exposure for the Jockeys' Guild and the benefits that we provide to our members who are riding under such regulation,” Guild president and CEO Terry Meyocks said in a letter sent to members.

Frankly, that is a bunch of crap. Bull crap, not horse crap.

The Guild has not seen the policy rates increase, nor has it been informed the rates will go up because of the new rule at Monmouth Park.

The track is only a few weeks into the meeting, as yet with no apparent increased risk to jockeys.

When respected trainer Jerry Hollendorfer was ridiculously singled out in California a few years ago for having a higher incidence of breakdowns, could the Guild have said any jockey who rides the horses he trains (at any track) would not be covered?

According to Meyocks' quote, riding those horses would cause an “increase of risk” and therefore “greater exposure for the Jockeys' Guild.”

Suppose over time we find a greater incidence of accidents in races where Lasix is not allowed. Would the Guild cover a rider should he be injured in an allowance race but not in a graded stakes–at the same track on the same day?

What if New Jersey is just the first state to enact regulations saying riders can carry a crop but not use it except in cases of extreme emergent circumstances?

Jockeys and their agents must constantly decide at which tracks they will accept mounts. Some riders, unhappy with the new policy at Monmouth, have elected not to spend their summer at the track. Others have accepted mounts and ridden without incident.

The Jockeys' Guild may certainly take a hard stance on its belief the riding crop aids riders and keeps them safer. But by playing politics the organization is forcing members riding at Monmouth to either bind their own coverage or ride without it.

Often the Guild steps in to lobby on behalf of members riding at a specific track or in a certain state.

In this case, however, the Guild is turning its back on members that have consciously decided to ply their trade at Monmouth Park.

At the conclusion of the Monmouth meeting, should the Guild's insurance carrier raise its rates based on “evidence” of an increased risk to jockeys, there may be reason for the organization to consider a discussion with its members.

It goes without saying that jockeys require insurance and the Guild's binding of coverage for members is an important, if not the most important, benefit of membership.

But if you are a jockey riding at Monmouth Park, we don't know yet if you are at an increased risk. Well not from the commission's policy. You are, however, from your brethren at the Guild.

Ride they say, but we won't cover your ass. We don't have your back.

If the Jockeys' Guild wants to file injunctions and/or lawsuits, testify before committees, threaten boycotts–go ahead. But pulling the rug out from members at Monmouth Park? Well on the litmus test for class, it doesn't go any lower.

If you are a jockey riding in another state, and a member of the Guild, are you proud of how your organization is treating the Monmouth jocks?

You shouldn't be.

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Jockeys’ Guild Cuts Insurance For Riders At Monmouth Park

In a letter to membership dated June 7, the Jockeys' Guild informed its membership that it will no longer provide insurance policies for riders at Monmouth Park in Oceanport, NJ, reports the Thoroughbred Daily News. The New Jersey Racing Commission instituted the strictest whip policy in the country this year, preventing riders from using the whip for any reason except for safety. The Jockeys' Guild president Terry Meyocks has repeatedly voiced his opinion against the whip restriction in New Jersey.

“It is our opinion and belief that this regulation is extremely dangerous and is creating an even greater risk to both the equine and human athletes, including the potential for injury and/or loss of life to the jockeys and the horses,” the Guild said in its letter to members. “The increase of risk is thereby creating a greater exposure for the Jockeys' Guild and the benefits that we provide to our members who are riding under such regulation.”

Insurance for riders at Monmouth will end on July 1. Currently, those benefits include: temporary disability, life insurance, and Accident, Death and Disability benefits. When insurance coverage from the Jockeys' Guild ends, riders will have to take out their own insurance policies or accept the risks of racing without it.

Dennis Drazin, CEO and chairman of Monmouth Park operator Darby Development, called the Guild's decision a “cheap shot.”

“This is an uncalled-for reaction to a rule that the racing commission put into effect and now they want to punish their own jockeys because they are riding,” Drazin said. “The comments I have heard are that some of the jocks are upset with the Guild and don't feel that they are representing them well. Now they decide that they're going to suspend the benefits that they provide to our jockeys. Frankly, if our jockeys wanted to, they have a very good lawsuit against the Guild.”

Read more at the Thoroughbred Daily News.

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