west virginia racing commission | Horse Racing Free Tips

Charles Town Requests 15 Fewer Dates in ’23

Charles Town Races on Tuesday was approved for a reduction of 15 dates for 2023 compared to its 2022 allotment, with the understanding that the 164-program schedule could be revisited mid-year to include additional dates if finances warrant extra racing.

The awarding of race dates in West Virginia is a somewhat confusing several-step process bound by a state statute that requires Charles Town to apply for 220 programs every year. The state's other Thoroughbred track, Mountaineer Park, is required to apply for 210 dates.

But what has ended up happening in recent seasons is that after the initial approvals of 220 and 210 dates by the West Virginia Racing Commission (WVRC), both venues have subsequently come back before the commission to ask for reductions that reflect what each track and its respective Horsemen's Benevolent and Protective Association (HBPA) think is a workable schedule based on available purse funds.

At the Nov. 14 WVRC meeting, Mountaineer was granted additional approval to reduce its schedule to 124 dates in 2023, a six-program cutback from the 130 that the track was awarded in 2022.

Also at that Nov. 14 meeting, WVRC executive director Joe Moore noted that Charles Town was approved for 179 programs in 2022.

But at the Dec. 20 meeting, Moore said that Charles Town ended up racing just 173 dates because of cancellations during the 2022 season just completed Dec. 17.

So prior to the 3-0 unanimous vote by commissioners Tuesday, Charles Town's revised 164-date request was framed by Moore as a nine-date reduction based on the actual number of programs.

But as per the 179-date allotment he had previously stated in November, it's a parsing of 15 cards.

“The request comes with the agreement [by] the racetrack and the HBPA that they will meet in July to revisit their live race schedule and their available purse monies to assess whether there is a possibility of adding any days towards the end of the calendar year,” Moore said.

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Mountaineer To Race Six Fewer Days in 2023

Mountaineer Park was granted approval on Monday by the West Virginia Racing Commission (WVRC) to race 124 dates in 2023, a six-program reduction from the 130 that the track is scheduled to race this year during its April-through-December meet.

Speaking about the loss of race dates, WVRC executive director Joe Moore said, “I'm told that is as a result of the Horse Racing Integrity Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) assessments recently received by the commission and the racetracks for calendar year 2023.”

Mountaineer executives were offered the opportunity to elaborate on that reasoning and the dates cutback, but chose not to speak during the Nov. 14 meeting.

The HISA and HIWU assessments were separately discussed at length during a different portion of the meeting. TDN covered that topic here.

The awarding of race dates in West Virginia is a somewhat confusing two-step process bound by a state statute that requires Mountaineer to apply for 210 annual dates and Charles Town Races to apply for 220.

But in actuality, those quotas haven't been met “in a number of years” because of the logistical difficulties of filling that many cards, Moore said.

Moore explained that to comply with the law, tracks must first apply for the statutory minimum, then come back to the commission with a reduction request. After a 10-day public commentary period, if each track's horsemen's organization and tellers' union do not object, the WVRC can vote to reduce the dates.

So Mountaineer did both steps at Monday's meeting. Charles Town only applied for the 220 minimum, and will presumably be back before the board at a future meeting to ask for its traditional reduction.

Moore said Charles Town, which races year-round except for a brief break in December and January, had asked for 179 dates in 2022, but will likely end up racing only 175 by year's end because cancellations.

Charles Town executives were also offered an opportunity to outline the track's 2023 dates strategy, but declined to speak.

Chairman Ken Lowe Jr. and commissioner J.B. Akers voted in the affirmative on the two statutory requests and Mountaineer's reduction request. Commissioner Tony Figaretti voted “no” on all three counts.

“I'm not happy with it,” Figaretti said. “We're always deducting days, deducting days. It's too hard for me to accept that.”

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Who Bears Compliance Responsibility if WV Can’t Hire HIWU Vets?

Facing a dire shortage of veterinarians at the state's two Thoroughbred tracks and under deadline pressure to decide whether to enter into a voluntary implementation agreement with the Horseracing Integrity and Welfare Unit (HIWU) prior to that entity's Jan. 1 start date, the West Virginia Racing Commission (WVRC) on Monday pressed a representative of HIWU for clarity on who, exactly, will bear responsibility if the minimum required number of equine drug testing employees can't be hired within the next six weeks.

It took some polite but persistent questioning by commissioner J.B. Akers to get an answer to that question. But Alex Waldrop, the recently retired National Thoroughbred Racing Association chief executive who now works as an advisor to HIWU, eventually conceded that “the burden right now is on HIWU.”

Akers had wanted assurance that West Virginia's racing wouldn't be subject to a shutdown if neither the commission nor the tracks could fill the federally required positions related to the coming of HIWU, an overarching national concern that has ramifications beyond just Mountaineer Park and Charles Town Races.

“I have a hard time believing that we're alone on this issue,” Akers said. “If it's only a few jurisdictions that's one thing. But if it's a substantial number of jurisdictions [that can't meet the staffing statute], I think that frames the issue a little differently.”

HIWU is the entity that will operate HISA's anti-doping program. HISA creates the rules HIWU will enforce.

In October, the WVRC, like racing commissions other states, was notified of the details of the combined agreements that HISA and HIWU want racing jurisdictions to either accept or decline prior to the Jan. 1 implementation date. Commissions and/or tracks have already been assessed costs for the 2023 operations of the two programs; if states opt-in to the agreements and pay some of the costs up front, their assessments will be reduced.

Joe Moore, the WVRC's executive director, said his state is already operating under a modified 2022 agreement with HISA on its racetrack safety program. He explained that he would like the proposed combined 2023 HISA and HIWU agreements split into two separate ones because the safety standards are a “much smoother agreement to extend [but] I believe the HIWU agreement is going to be a much heavier lift.”

At a time when the hiring marketplace is fierce nationwide and Mountaineer and Charles Town already find it difficult to obtain veterinary help, Moore stated it would be next to impossible for West Virginia to go out and hire at least 12 new people to work in drug testing oversight, which according to the incoming HIWU rules must consist of at least one veterinarian, a veterinary technician, a test barn supervisor, and five assistants at each track.

“I will tell you that neither of West Virginia's two test barns are anywhere close to this minimum,” Moore said.

“At Charles Town we have a vet supervisor who conducts our blood draw, two full-time assistants for urine collections, and a part-time assistant. Charles Town has one vet that does the pre-race and nightly card at the same time. We do not have a dedicated vet for the test barn, and we do not have a licensed vet tech,” Moore said.

“At Mountaineer Park, you have a licensed vet tech and three [per-diem] vet assistants for urine collection. Mountaineer Park has one vet for pre-race and nightly racing and no vet dedicated to the test barn,” Moore said.

Moore said one idea could be for the WVRC to staff the positions as best as it can, then ask HIWU to “fill in the gaps” while rebating the state for the positions West Virginia pays to cover.

“Or HIWU may take the stance of, 'You don't have enough [staff]. We're going to take over the whole operation,'” Moore postulated.

Another option, Moore said, would be to see if HIWU would be amenable to compromising on some of the required test barn positions by reducing or eliminating them.

Waldrop said that third option isn't likely to happen: “I don't think there is much, if any, leeway in [eliminating] the individual positions that need to be filled on a daily basis at West Virginia racetracks.”

But Waldrop did add that, “I do think that a cooperative effort between West Virginia and HIWU is the best way to go forward here. But I can't deliver that today. I can't promise that will be the case.”

Akers asked Moore if it would even be possible for the WVRC to post the jobs, interview candidates, perform background checks, and hire and train them prior to the Jan. 1, 2023, deadline.

Moore replied, “Commissioner, this couldn't be done by January of 2028. The racing commission does not have the funding to hire 12 additional personnel on a full-time basis.”

Willing and available veterinarians, Moore added, “don't exist out there right now.”

Waldrop explained that HISA and HIWU could assist with hiring by tapping into the resources of Drug Free Sport International, which has been hired to build HISA's independent Anti-Doping and Medication Control enforcement agency.

But while technicians and specimen collectors can be more easily trained to do their jobs, Waldrop admitted that, “The veterinary aspects are the most challenging. And I can tell you that HIWU is well aware of that, and they've been aware of that for some time. That's probably the biggest hurdle that they see in the near term. And they certainly intend to be prepared on Jan. 1.”

Waldrop continued: “Vets are hard to come by anywhere in the country right now, though, so I'm not going to sit here and say West Virginia is entirely unique. Equine vets [who are] familiar with the racetrack, that's a challenge. But it's one that HIWU has accepted, and they are confident that they can meet it.”

Akers then again prompted Waldrop to clarify who'd be held responsible if that didn't happen.

“Is it going to be HIWU's position, if, you know, that the state of West Virginia is out of compliance and it's our fault this didn't happen?” Akers asked. “Or is HIWU going to take responsibility and say that [the WVRC] made reasonable attempts and couldn't find the personnel to hire? Or is our racing jurisdiction going to be allegedly out of compliance with the statutory scheme, and therefore threatened by you with regard to whether we're even allowed to race or not?”

Waldrop replied that, “At this point in time, 'Who's out of compliance?' is an issue we could debate. But I think from the industry standpoint, it's HIWU's intention to be up and running and prepared to go Jan. 1.”

Waldrop continued: “One of the challenges you have in West Virginia [is] that you don't have the budgetary resources to hire these individuals…and I respect [and] understand that. HIWU doesn't have that challenge. HIWU has the financial resources to hire these people. So it's one of those hurdles that can be overcome because HIWU has that ability…. HIWU is part of Drug Free Sport, which is an international organization which has massive resources, financial as well as personnel, that they can draw upon.”

Akers said that it was his understanding that HIWU, HISA and Drug Free Sport don't currently have any regulatory veterinarians on staff.

“You're correct,” Waldrop answered. “You're focusing on exactly the right point, which is the challenge here is reg vets. The other positions we will provide. The reg vets are the challenge.”

But Akers still hadn't received a direct answer to his compliance question, so he respectfully but emphatically asked a third time if West Virginia was at risk of having its racing shut down over not having the required HIWU hires in place.

“I don't think that last scenario is going to occur, sir,” Waldrop replied. “HIWU will work with HISA, and do their level best to keep racing going in West Virginia without interruption to provide the staff that's necessary…So I would say to you that the burden right now is on HIWU to be prepared on Jan. 1.”

Akers said he appreciated that answer, adding that while he understood that Waldrop isn't a HIWU executive, he did want the minutes of the meeting to reflect that the HIWU advisor had articulated that “the burden should be presently on HIWU to make sure that these requirements are implemented by Jan. 1 to the extent that those are their mandates.”

In light of a long list of questions that Akers said he still had about entering into a voluntary HIWU agreement for 2023, Waldrop offered to set up a conference meeting in about two weeks between HIWU's executive director and general counsel and any interested West Virginia racing stakeholders and commission members.

The commission ended up taking no action on Monday on either opting into or out of the HISA and HIWU agreements for 2023.

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HISA Visits Mountaineer During Chronic Vet Shortage at Track

A representative of the Horse Racing Integrity Act's (HISA) Racetrack Safety Team has been on the grounds at Mountaineer Park in West Virginia this past week–at a time when the track is experiencing an ongoing chronic shortage of attending, association and regulatory veterinarians, according to observers.

According to Jami Poole, president of the Mountaineer Horseman's Benevolent and Protective Association (MHBPA), there is often no veterinarian on the facility's grounds during training hours.

“I'm not pleased about the vet situation here in the morning time,” said Poole, who estimated that training is conducted at Mountaineer for about 50% of the time without a veterinarian on the grounds to ensure that any potentially stricken horse is attended to immediately.

Poole declined to answer when asked if the veterinary shortage at Mountaineer has led to any instances of horses' welfare put in jeopardy.

One unnamed source, however–who asked to remain anonymous for fear of professional reprisal–said that the lack of a veterinarian on the grounds during training has led to one instance, which occurred about two months ago, of an injured horse remaining unattended for a prolonged period of time.

“The horse broke down at around 8:30 in the morning,” said the source. The nearest veterinarian was around 30 minutes away, according to two other sources.

According to Lori Bohenko, the West Virginia Racing Commission's (WVRC) regulatory veterinarian at Mountaineer, there have been two fatalities during morning training at Mountaineer this year. The other, Bohenko said, was a sudden death for which she was present on the track.

The veterinary shortage during training, said Poole, has been ongoing since the start of the year. Curiously, neither the WVRC nor HISA requires a racing association like Mountaineer to maintain a veterinarian presence during training hours.

“Many tracks exceed the current HISA regulations to provide veterinary coverage whenever horses are on the racetrack, and HISA strongly encourages the few that do not provide this care to re-examine their practices and do everything possible to ensure veterinary care is available at all times,” wrote HISA director of racetrack safety Ann McGovern in emailed answers to a series of questions.

McGovern added that the HISA Racetrack Safety representative who visited Mountaineer was working with track management “to provide support and help bring Mountaineer into compliance with HISA's Racetrack Safety standards.”

A dearth of veterinarians at Mountaineer raises equine welfare concerns in other ways, according to those on the grounds.

Aside from no association veterinarians at Mountaineer, Poole said that there was only one full-time attending veterinarian for the entire backstretch–what sources estimate to be typically between 400 and 600 horses.

There should, said Poole, be at least two full-time attending veterinarians for the backstretch. “Good if we had four,” he said, adding that a veterinarian from Texas has expressed interest in working at Mountaineer next year. “I hope she doesn't change her mind,” he said.

Furthermore, the lone regulatory veterinarian who conducts pre-race examinations is sometimes late to the facility due to conflicting work commitments, Poole said. This has occasionally led to pre-race examinations being conducted in the paddock, immediately before a race, he said.

“It's happened probably three times,” said Poole, adding that the sheer workload at Mountaineer was too large for just one regulatory veterinarian. “We couldn't do without her, so you've got to work around her schedule, too,” said Poole, about Bohenko.

The WVRC's other regulatory veterinarian for Mountaineer, Jon Day, retired this past May.

Poole said that he has repeatedly alerted the WVRC, Mountaineer track management and HISA to the veterinary shortage at the track.

The WVRC executive director Joe Moore, did not dispute Poole's claims. “The Racing Commission is aware of the shortage of racetrack veterinarians, not only in WV, but across the country,” wrote Moore, highlighting an industry-wide problem hitting smaller tracks like Turf Paradise especially hard.

When asked what steps the WVRC has taken to correct the veterinary shortage at Mountaineer, Moore wrote that the commission has increased the rate of pay for regulatory veterinarians in recent years.

However, when it comes to private attending veterinarians on the backside, they are there “at the request/contract of the Mountaineer Horsemen,” wrote Moore.

When asked about the track's veterinary shortage, Jim Colvin, Mountaineer's director of racing, wrote, “You will have to address the veterinarian questions to Joe Moore from the WV Racing Commission since Mountaineer has no vets that work for us or are employed by us.”

Colvin failed to answer follow-up questions about whether Mountaineer has attempted to hire association veterinarians to assist the commission's regulatory team and to cover holes during training. Colvin also failed to respond to questions about the recent visit by a HISA representative.

When asked the same question, Moore wrote that commission management was not involved with the HISA representative's visit to Mountaineer Park. “I'm certain he spoke with Racing Commission staff while onsite. However, I have no further details about said conversations.”

HISA's McGovern left the door open to the new federal organization stepping in to fill the veterinary holes at Mountaineer.

“Should HISA determine that safety is compromised at a covered racetrack, HISA has the authority to place a vet at the racetrack, at the racetrack's expense,” she wrote. “HISA has compensated Regulatory and Association veterinarians to enforce HISA regulations. Those expenses are billed back to the racetrack.”

McGovern wrote that HISA “recognizes the national shortage of Equine veterinarians and has had internal discussions about programs to incentivize veterinary students to consider Equine medicine.”

She added, however, “those plans are longer term and do not address the immediate needs.”

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