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NEW JERSEY RACING COMMISSION
WEDNESDAY, MARCH 21, 2012
RENAISSANCE DINING ROOM
FREEHOLD RACEWAY
FREEHOLD, NEW JERSEY
A meeting of the New Jersey Racing Commission was held on Wednesday, March 21, 2012, in the Renaissance Dining Room, at Freehold Raceway, located in Freehold, NewJersey.
Anthony T. Abbatiello, CommissionerManny E. Aponte, CommissionerPeter J. Cofrancesco, III, CommissionerFrancis X. Keegan, Jr., CommissionerFrank Zanzuccki, Executive DirectorDAG Judith A. Nason Executive Director Frank Zanzuccki read the following statement: “This meeting today conforms with Chapter 231, P.L. 1975, called the “Open Public Meeting Law,” and as per the requirements of the statute, notification of this meeting hasbeen filed with the Secretary of State and with the following newspapers: Daily RacingForm, Bergen Record, Asbury Park Press, Courier-Post and the Newark Star Ledger.
WHEREAS in order to protect the personal privacy and to avoid situations wherein the public interest might be disserved, the Open Public Meetings Act permits bodies toexclude the public from that portion of a meeting at which certain matters are discussed.
NOW, THEREFORE, be it resolved that consistent with the provision of N.J.S.A.
10:4-12(b), the New Jersey Racing Commission will now adjourn to executive session toobtain legal advice protected from disclosure by the attorney-client privilege on the followingmatters: Legal advice concerning the matter of Ernest Adam v. New Jersey RacingCommission, OAL Dkt. No. 6166-08 and Stephen Slender v. New JerseyRacing Commission, OAL Dkt. No. RAC 6167-08.
Legal advice concerning a settlement in the matter of Mark Ford v. New JerseyRacing Commission, OAL Dkt. No. RAC 04435-2011N.
Legal advice concerning a settlement in the matter of Jerry Evilsizor v. NewJersey Racing Commission, OAL Dkt. No. RAC 05209-2011S.
Legal advice concerning a settlement in the matter of Ross Croghan v. NewJersey Racing Commission, OAL Dkt. No. RAC12673-2011S.
Legal advice concerning a settlement in the matter of Jeffrey Webster, v. NewJersey Racing Commission, OAL Dkt. No. RAC 12669-2011S.
Other legal advice or updates regarding any pending matter or litigation.
Discussion of the above matters fall within the exceptions under the law; specifically matters falling within the attorney-client privilege, to the extent that confidentiality isrequired in order for the Commission’s attorney to exercise her ethical duties as a lawyer.” It was noted that Commissioner Aponte is participating by telephone.
Commissioner Cofrancesco then motioned to adopt the resolution to adjourn.
Commissioner Abbatiello seconded the motion and the Commission adjourned to ExecutiveSession.
The Commission ended the executive session and Commissioner Aponte motioned to return to public session. Commissioner Cofrancesco seconded the motion and the publicsession resumed.
CONSIDER APPROVAL OF THE MINUTES OF THE PUBLIC AND EXECUTIVESESSION OF THE JANUARY 25, 2012 COMMISSION MEETING Commissioner Abbatiello made a motion to approve the public and executive session minutes of the January 25, 2012 public meeting. Commissioner Keegan seconded themotion and all Commissioners voted yes.
Commissioner Cofrancesco made a motion to table the agenda item concerning the bills because there were no bills prepared for the meeting. Commissioner Abbatielloseconded the motion and all Commissioners voted yes.
CONSIDER RATIFICATION OF THE APPROVAL GRANTED TO THE NEWMEADOWLANDS RACETRACK CONCERNING THE FOLLOWINGHANDICAPPING CONTESTS: Harness Handicapping Contest on January 28, 2012 Harness Handicapping Contest on February 28, 2012 Harness Handicapping Contest on March 24, 2012 Commissioner Cofrancesco made a motion to approve the ratification of the approval granted to the New Meadowlands Racetrack to conduct the noted handicapping contests.
Commissioner Abbatiello seconded the motion and all Commissioners voted yes.
CONSIDER RATIFICATION OF THE APPROVAL GRANTED TO THE BORGATAHOTEL, CASINO & SPA CONCERNING THE FOLLOWING HANDICAPPINGCONTEST: Borgata Racebook Tournament on Saturday, March 17, 2012 It was noted for the record that Commissioner Aponte recused himself from this Commissioner Abbatiello made a motion to approve the ratification of the approval granted to the Borgata Hotel, Casino and Spa to conduct the noted handicapping contest.
Commissioner Cofrancesco seconded the motion and all Commissioners voted yes.
CONSIDER APPROVAL OF ATLANTIC CITY RACE COURSE’S 2012 WAGERINGFORMAT, OFFICIALS, DEPARTMENT HEADS, ETC.
Commissioner Cofrancesco motioned to approve the 2012 wagering format as submitted by Atlantic City Race Course. Commissioner Abbatiello seconded the motionand all Commissioners voted yes.
CONSIDER THE REQUEST OF THE NEW JERSEY SPORTS AND EXPOSITIONAUTHORITY TO AMEND 2012 RACING DATES PREVIOUSLY APPROVED UNDERTHE MONMOUTH PARK AND THE MEADOWLANDS’ THOROUGHBRED PERMIT Commissioner Abbatiello made a motion to approve the amended 2012 racing dates requested of the NJSEA, which include 51 dates to be conducted under the Monmouth Parkpermit and 24 dates to be conducted under the Meadowlands’ thoroughbred permit with 10of the 24 dates to be run at the Meadowlands facility. Commissioner Aponte seconded themotion and all Commissioners voted yes.
CONSIDER ADOPTION OF SPECIALLY ADOPTED AMENDMENTS TO N.J.A.C.
13:74-1.1, 1.2, 2.1 AND 2.2, AND THE SPECIALLY ADOPTED NEW RULES N.J.A.C.
13:74-2.2 AND 2.4 AND AMENDMENTS TO N.J.A.C. 13:74-2.2 AND 2.3 (OFF-TRACK WAGERING AND ACCOUNT WAGERING) Commissioner Cofrancesco made a motion to table this agenda item because the matter is under legal review. Commissioner Abbatiello seconded the motion and allCommissioners voted yes.
CONSIDER THE MATTER OF ERNEST ADAM V. NEW JERSEY RACINGCOMMISSION, OAL DKT. NO. 6166-08 AND STEPHEN SLENDER V. NEW JERSEYRACING COMMISSION, OAL DKT. NO. RAC 6167-08 Executive Director Zanzuccki provided a summary of the matters which involved out-of-competition testing conducted by the Commission in April 2008 on the horses in thecare and custody of standardbred trainer Ernest Adam which were stabled at Winner’sInternational Farm. The initial and confirmatory laboratory testing revealed the presenceof Darb-EPO, a synthetic form of Epogen of six horses trained by Adam and owned byStephen Slender, a licensed veterinarian in California. It was noted by the ExecutiveDirector that while at the off-track farm conducting the testing, investigators discovered twolocked tack rooms which were later found to contain veterinary prescription drugs,hypodermic needles and syringes as well as a shockwave therapy device. Following aBoard of Judges’ hearing, Adam and Slender were found in violation of various RacingCommission rules and regulations, including the practice of veterinary medicine by anunlicensed individual, possession of hypodermic needles and syringes, and failure tosafeguard and protect horses under the care, custody and control of a trainer andveterinarian. The Executive Director continued that Adam and Slender appealed the Judges’decision and the matter was transmitted to the OAL for a hearing. On February 9, 2012,ALJ Stein issued an Initial Decision which affirmed the decision of the Commission’s Boardof Judges and ordered that Ernest Adam and Stephen Slender each be suspended for 13years, each fined $56,000 and their licenses be revoked. The ALJ also ordered that ErnestAdam was ordered to pay an additional $12,000 for the cost of confirmatory testing of thesix horses that were under his care. The Executive Director indicated that the matter is nowbefore the Commission to reject, accept or modify.
Commissioner Aponte motioned to accept the Initial Decision of ALJ Stein.
Commissioner Abbatiello seconded the motion and all Commissioners voted yes.
CONSIDER A SETTLEMENT IN THE MATTER OF MARK FORD V. NEW JERSEYRACING COMMISSION, OAL DKT. NO. RAC 04435-2011N Commissioner Cofrancesco made a motion to accept the proposed settlement agreement concerning the matter of Mark Ford which includes that the $500 fine imposedon trainer Mark Ford be waived and the overage of lasix violations be imposed on hisrecord. Commissioner Abbatiello seconded the motion and all Commissioners voted yes.
CONSIDER A SETTLEMENT IN THE MATTER OF JERRY EVILSIZOR V. NEWJERSEY RACING COMMISSION, OAL DKT. NO. RAC 05209-2011S Commissioner Aponte made a motion to accept the proposed settlement agreement concerning the matter of Jerry Evilsizor which includes that the $750 fine imposed ontrainer Jerry Evilisizor be waived and the overage of lasix violations be imposed on hisrecord. Commissioner Abbatiello seconded the motion and all Commissioners voted yes.
CONSIDER A SETTLEMENT IN THE MATTER OF ROSS CROGHAN V. NEWJERSEY RACING COMMISSION, OAL DKT. NO. RAC12673-2011S Commissioner Abbatiello motioned to accept the proposed settlement agreement concerning the matter of Ross Croghan which involves a 20-day suspension, $1,000 fine andloss of purse earnings imposed on trainer Ross Croghan for violation of the trainerresponsibility rule in connection with two flunixin overage tests. Commissioner Keeganseconded the motion and all Commissioners voted yes.
CONSIDER A SETTLEMENT IN THE MATTER OF JEFFREY WEBSTER, V. NEWJERSEY RACING COMMISSION, OAL DKT. NO. RAC 12669-2011S Commissioner Cofrancesco motioned to accept the proposed settlement agreement concerning the matter of Jeffrey Webster which involves a 20-day suspension, $1,000 fineand loss of purse earnings imposed on trainer Jeffrey Webster for violation of the trainerresponsibility rule in connection with two flunixin overage tests. Commissioner Abbatielloseconded the motion and all Commissioners voted yes.
There being no further discussion or comments from the public, Commissioner Abbatiello moved that the meeting be adjourned. Commissioner Cofrancesco secondedthe motion and it was approved unanimously.

Source: http://njrconline.net/downloads/njrc_meet_pub_minutes_2012_0321a.pdf