This E-Mail created a stir in California.. Andy Asaro was asked to talk about it on the Sunday 8-28-11 Roger Stein Show.. and he got additional response.
The Show is archived here:
http://www.rogerstein.com/
The horsemen's vote...
What is going on here?
A week ago the CTHA turned into the CHRB for validation 1,119 signatures asking for a decertification process of the TOC, according to the CHRB rule 2040 and a new vote on who should represent them
There seems to be a lid of silence instead of action adopted by the CHRB concerning this procedure. There was no mention of this at the CHRB meeting 8-25-11. I have verbally inquired " how long does it take to validate 1,119 signatures?"
No one seems to know, or will not say when the CHRB will act and validate the signatures and set a date for the election
No one can tell me that this event is routine, as it is urgent and should be declared an emergency.
This matter should not face further hurdles such as put it on the agenda for the next monthly meeting and then we will discuss it. That would only create delay and different opinions that would lead to further delay and reports that would require further meetings.
It is important to eliminate the uncertain direction of California racing, by allowing horsemen to vote now on who they wish to represent them in the future.
I was referred by some people that should know that I should see legal counsel to get any answers to my questions... and have yet to hear any plan of substance from the CHRB..
Complicating this procedure with additional burdens is unnecessary according to 2040 and may give the perception that the CHRB may be favoring one side against another...
Can we expect that the CHRB will allow this matter to be settled by vote of the horsemen ASAP according to 2040 by validating the signatures and setting an election date ...without trying to complicate matters?
This action is not a secret so I would expect a public declaration by the CHRB about the validation and the election date within a few days, not a few months.
Allowing the signatures are valid, there is nothing in rule 2040 to establish further procedure other than the simple statement hi-lited in red:
Rule No.
Rule Title
2040
Horsemens Organizations for Owners or Trainers.
Rule Text
The Board recognizes the need for horse owners and trainers to negotiate and to covenant withracing associations regarding the conditions for each race meeting, the distribution ofcommissions and purses not governed by statutory distribution formulas, and other mattersrelating to welfare, benefits and prerogatives of the parties to the agreement. To fulfill its dutiesto the public in authorizing the conduct of an uninterrupted, orderly race meeting during thelicensed term of such meetings, the Board shall acknowledge one respective horsemen'sorganization that represents horse owners and trainers of each separate breed of racehorse thatcompetes in such meetings except Thoroughbreds. The Board shall acknowledge separatehorsemen's organizations for owners and trainers of Thoroughbred racehorses as defined inSection 19613 of the Business and Professions Code. (a) The Board shall acknowledge only one horsemen's organization for each breed of racehorse,except Thoroughbreds, as the organization empowered exclusively to contract with racingassociations for the conduct of a race meeting. No person shall serve as an officer or directorof an acknowledged horsemen's organization other than in an honorary capacity, at the sametime such person serves as an officer or director of a licensed racing association or as an officeror director of any entity which is principal shareholder of any licensed racing association. (b) Upon the filing with the Board of a notice of intent by an alternate horsemen's organizationto decertify an existing horsemen's organization whose membership is 1500 members or more,the alternate horsemen's organization shall have not more than six (6) months from the dateof filing to acquire, on a petition, signatures of ten percent (10%) of the existing organization'slicensed members. The alternate horsemen's organization petitioning to decertify an existinghorsemen's organization whose membership is fewer than 1500 shall have not more than six(6) months from the date of filing to acquire, on a petition, signatures of thirty percent (30%)of the existing organization's licensed members. (1) The notice of intent shall contain the name of the horsemen's organization, the names ofthe principals of the horsemen's organization, the date of filing, the articles of incorporation anda copy of the petition as it will be circulated. (2) No more than one (1) petition by any alternate horsemen's organization to decertify anexisting horsemen's organization shall be circulated at any given time. (c)
Upon receipt of a petition that meets the criteria in subsection (b) of this Rule, the Boardshall consider the petition, and shall validate the signatures found on said petition. Validationincludes, but is not limited to, verification of current CHRB license numbers and signatureverification. (1) If the validated signatures are found to meet the requirements of subsection (b) in this Rule,the Board shall thereupon establish a date and conduct an election among the existingorganization's licensed members. (2) If the validated signatures do not meet the requirements of subsection (b) in this Rule, theBoard shall notify the alternate and the existing horsemen's organization that no further actionshall be taken on the petition. (d) A deciding vote of fifty percent (50%) plus one (1) of the ballots returned shall be used todetermine the one organization to be acknowledged as representing the organization's licensedmembers. (e) Except for good cause, the Board shall not conduct an election within eighteen (18) monthsof a prior election among the organization's licensed members. NOTE: Authority cited: Sections 19440 and 19562, Business and Professions Code. Reference:Sections 19401(a) and (e), 19613, 19613.1, 19613.2 and 19613.3 Business and ProfessionsCode. HISTORY: 1. New article 22 (rules 2040-2045) filed 4-12-79; effective 7-1-79. 2. Amendment filed 6-2-94; effective 7-2-94. 3. Amendment filed 9-22-95; effective 10-22-95.
Roger Way
