Maryland Commission Chair Resigns, Citing ‘Emasculated’ Powers

Michael Algeo, who has served on the Maryland Racing Commission (MRC) since 2016 and was chairing that board, resigned from both positions, effective immediately, June 14.

Frank Vespe of Maryland's “Off to the Races Radio” was first to report the scoop on his show's June 17 broadcast.

Algeo's departure accentuates a time of regulatory upheaval within Maryland racing that in recent months has been marked by three other long-serving commissioners (David Hayden, Tom Bowman, Tom Winebrener) also either resigning from the MRC or not having their terms renewed by the governor.

Those recent departures have roughly coincided with the passage of a Maryland law in April to create a to-be-appointed oversight board with broad powers, the Maryland Thoroughbred Racetrack Operating Authority (MTROA).

In addition, the MRC is in the midst of the nationwide regulatory transition involving the Horseracing Integrity and Safety Act (HISA) Authority coming into power to police the sport's safety and drug testing.

Speaking on Vespe's show, Algeo also cited other concerns for the sport as he leaves his position, like the seemingly never-ending cycle of horse safety issues, plus the decades-old debate within Maryland about whether Laurel Park, Pimlico Race Course, or both figure into the state's long-term plans for racing.

“I've often compared it to playing a Whac-A-Mole game,” Algeo told Vespe. “The minute you address one issue, one crisis, up pops another. And so I just thought it was time for new blood, younger blood, somebody that can come in and have a fresh look. And God bless them, because it's a great industry, and I feel very honored to have served for the past seven years….I'm going to be as interested as everybody else to see where this goes and how this all ends.”

Asked by Vespe how all those pieces of the puzzle-the MRTOA, HISA, horse safety, the possible rebuilds at Pimlico/Laurel-are going to fit together under the commission's umbrella, Algeo admitted he didn't have a good answer.

“I'm going to plead ignorance,” Algeo told Vespe. “I don't know how they're going to fit together. [The question I often get now is] 'Oh, so Maryland has created a new racing authority to oversee Maryland racing. So there is no more commission?' That's the question I'm getting. That's the perception of people, and perceptions carry a lot of weight.”

Algeo continued: “I believe that the role of the MRC has been diminished significantly. It has been emasculated significantly. And it is not what it was when I started in 2016. And so it's going to be really interesting to see how two entities, the racing authority and the racing commission, work together.

“The simple answer is that the commission is a regulatory body, period,” Algeo told Vespe. “I have been told that the [MRTOA] is really just a failsafe creation in the event that [1/ST Racing, which owns Laurel and Pimlico] should leave Maryland and [some entity] is needed to run the day-to-day operations. But until it actually forms and we see how it operates, I still have a lot of questions.”

Algeo is a retired Maryland Circuit Court judge. His stint as the board's chair had been scheduled to end in October, with his term on the MRC expiring in July 2024.

Last month, Algeo was honored before the GI Preakness S. with the Special Award of Merit at Pimlico's annual Alibi Breakfast. That award recognizes those “who have made a positive impact on the racing industry.”

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6-Mo. Extension to Maryland Racing Agreement; Details Not Disclosed

Tuesday's Maryland Racing Commission (MRC) meeting yielded the news that the state's horsemen, breeders, and the operator of Pimlico Race Course and Laurel Park have agreed on yet another six-month extension agreement to keep racing going after a 10-year deal expired at the end of 2022.

The placeholder agreement will go into effect for the final six months of 2023, and it follows a similar six-month extension reached earlier this year that is set to sunset June 30. The eventual goal is to come up with a longer-term contract.

Mike Rogers, the president of the racing division for 1/ST Racing, which owns the Maryland Jockey Club, which in turn owns both Pimlico and Laurel, led off his monthly presentation with the announcement of the agreement with the Maryland Thoroughbred Horsemen's Association (MTHA) and Maryland Horse Breeders Association.

But when commissioner Robert Lillis asked Rogers to elaborate on a June 6 news story published in Maryland Matters that dealt with the MTHA agreeing to use purse money to subsidize operations at the two tracks, Rogers balked at answering.

“I don't think I'm at liberty to talk about the details of the extension agreement. I'm not authorized to talk about those terms,” Rogers said.

At that point, MRC chair Michael Algeo stepped in to clarify that he didn't feel the parties were required to disclose such details at this time, because the announcement of the agreement extension was not a matter that the commission had to act on or vote on that afternoon.

But another commissioner, George Mahoney, wanted to know, “At any stage, will the Maryland Racing Commission be privy to the terms of the six-month agreement?”

Rogers replied that, “I would have to defer to our lawyers on that. I don't know what the disclosure requirements are on that.”

Alan Foreman, an attorney who serves as the legal counsel for the MTHA, then offered to give an explanation from the horsemen's perspective.

“In fairness to all the parties, and in response to commissioner Lillis's question, the horsemen and the tracks and the breeders have been a party to a 10-year agreement that expired at the end of 2022 in which the horsemen and breeders [already] were helping to subsidize the operations of the racetracks,” Foreman said.

“That was no secret. That was the agreement entered into with the commission back [in] 2012 to stabilize the industry,” Foreman said.

“What the parties have done is to extend the [expired] agreement [from] January to June 30, and the extension now through Dec. 31 is under almost identical terms,” Foreman said.

“So there's nothing new here. It's what's been continuing since the beginning of the 10-year agreement, and ultimately, if and when there's a longer-term agreement, that issue will be addressed. So the so-called subsidy from the horsemen and breeders is not a new item,” Foreman said.

Algeo, a retired Maryland Circuit Court judge, then weighed in again.

“If I could kind of frame the issue so we make certain it's very clear, at this juncture this is not being presented today for the commission to motion, to rule on it, or to discuss,” he said.

“I mean, quite obviously, at least I'm not going to approve anything without knowing what's in the agreement,” Algeo said. “And so, we don't know what's in the agreement, so there's nothing for us to address.

“My understanding [is] that this is a courtesy on behalf of the Maryland Jockey Club and the horsemen and the breeders to indicate that they have extended it, which they have done, by the way, frequently… If it was required for us to approve that now, to address it, then obviously we would have to know the contents of the agreement.”

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MRC Chairman Michael Algeo to be Honored at Alibi Breakfast

Michael Algeo, who was appointed to the Maryland Racing Commission in 2016 and currently serves as Chairman, will receive the Special Award of Merit at Pimlico's Alibi Breakfast. The Special Award of Merit, which recognizes those who have made a positive impact on the racing industry, has previously recognized industry stalwarts like Jim McKay, D. Wayne Lukas, Chick Lang, King Leatherbury, and Thoroughbred Aftercare Alliance.

“When I received the call from [Maryland Jockey Club Acting President] Mike Rogers, I was both humbled and grateful,” Algeo said. “When one looks at the list of giants in the industry who have previously received this award, I was and am in awe. Thank you for this amazing and incredible honor. I accept it on behalf of all who work with me on the Maryland Racing Commission.”

The Alibi Breakfast began in the 1930s and is held annually at Pimlico Race Course during Preakness week. Click here for tickets to this year's event, which will be held Thursday, May 18.

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Laurel Track Woes: Passero To Consult, Pimlico Move On Hold For Now

The Maryland Thoroughbred Horsemen's Association (MTHA) and the management team at 1/ST Racing announced an agreement Tuesday morning that will allow for the MTHA's preferred track maintenance consultant, John Passero, to be retained to perform testing that will hopefully lead to the latest round of fixes in a years-long series of safety woes that have plagued Laurel Park's main dirt track.

The agreement, which was announced at an emergency meeting of the Maryland Racing Commission (MRC) Apr. 25, put off for the time being any action by the commission that would have mandated shifting racing to Pimlico Race Course some 30 miles north in Baltimore. 1/ST Racing owns both tracks under the corporate name Maryland Jockey Club (MJC).

Five horses have had to be euthanized this month at Laurel, including two who raced there Apr. 20. After last Thursday's fatalities, 1/ST Racing initially announced that racing would be canceled indefinitely, then later tried to fill an Apr.27 card that was abandoned when horsemen withheld entries. Management has maintained that the track is safe, while the horsemen have disagreed, at one point calling the situation a “catastrophic emergency.”

Passero used to be the MJC's track superintendent several decades ago, and the horsemen had lobbied for his inclusion as a consultant during the winter of 2021-22, which was when the last significant spate of equine deaths occurred over the Laurel dirt.

At that time, a Maryland racing commissioner described Passero during a public meeting as having the confidence of “rank-and-file horsemen” while noting that Passero felt “frustrated” when his input as a consultant “was not being heeded” by track executives.

Both in the past and for the present problems, 1/ST Racing has relied upon its own consultants, most notably Dennis Moore, known for his longtime track superintendent work at Santa Anita Park, another track in 1/ST Racing's corporate portfolio.

Craig Fravel, 1/ST Racing's chief executive officer, told commissioners during Tuesday's meeting that the negotiations with horsemen yielded “basically an access agreement for the MTHA to retain their consultant, John Passero, to come to the racetrack to perform whatever tests [and] evaluations [that] he feels are necessary to inform himself and his client [that could lead to] possible improvements to the racing surface.”

Fravel noted that Passero will be employed by the MTHA, and that the exact scope of his work is not defined by the agreement. Whatever data Passero uncovers will then be analyzed by track management, the horsemen, and the commission to determine the next steps.

Tim Keefe, the president of the MTHA, said he expected Passero to begin work as soon as Wednesday, Apr. 26.

Alan Foreman, an attorney who represents the MTHA, said, “We'll collectively assess his findings. Any work that needs to be done, our hope is that it is a relatively quick fix, and that we will be back to racing as quickly as possible.”

Fravel was asked directly by a commissioner about the possibility of relocating the current Laurel meet to Pimlico, which is scheduled to race May 11-29 for its GI Preakness S. meet.

“We're going to approach all of these questions in good faith,” Fravel said. “We're not taking anything off the table, but we need to let this process unfold,” before having discussions about moving to Pimlico.

MRC chairman Michael Algeo made it clear that the commission's top priority is safety.

“Racing will not resume here until this commission says it can resume,” Algeo said. “This is uncharted territory for the commission. This was not a hearing that we anticipated. It's not a hearing that we wanted. But I have emphasized throughout my time as chairman and member of this commission that we needed cooperation, communication and compromise.

“We cannot afford to get this wrong. We have to get it right,” Algeo underscored.

Algeo noted that the MRC has a regularly scheduled monthly meeting for next Tuesday, May 2, at which it could take next steps, unless sooner action is warranted. Although his tone was generally terse, Algeo added that he was “optimistic” the testing and the fixes could proceed as swiftly as possible.

Pimlico hosted an extended meet through the summer of 2021 the last time Laurel's track needed extensive repairs.

After years of freeze/thaw and drainage troubles, Laurel's main track was in such bad shape in the spring of 2021 that Laurel ceased racing on it Apr. 11, 2021, to begin an emergency rebuild from the base up. The project was repeatedly delayed and had its scope expanded, and it ended up taking five months before racing could resume instead of the initially projected one month.

When racing resumed in September 2021, the main track had no apparent safety issues. But the onset of cold weather revealed problems with seams in the base of the homestretch, then the cushion atop that layer needed substantial reworking to give it more body and depth.

Eight horses died from fractures while racing or training over Laurel's main track between Oct. 3 and Nov. 28, 2021, leading to weeks-long halts in racing through early the winter of 2022.

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