OKLAHOMA HORSE RACING COMMISSION REGULARLY SCHEDULED MEETING MARCH 29, 2018 MINUTES

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1 OKLAHOMA HORSE RACING COMMISSION REGULARLY SCHEDULED MEETING MARCH 29, 2018 CALL TO ORDER Chairman Lucas called the Regularly Scheduled Meeting of the Commission to order at 9:29 a.m. in the Board Room of the Department of Agriculture, Food and Forestry, Oklahoma City, Oklahoma. ROLL CALL Commission members answering roll call were Commissioners Harrell, Keener, Kirk, Marcum, Wright and Chairman Lucas. Commissioners Goumaz, Sanders and Von Hemel were unable to attend the meeting. The following Commission staff members were in attendance: Mr. Kelly Cathey, Mr. Pete Markstone, Ms. Shonna Gore, Mr. Shawn Richmond, Ms. Mandy Hadley and Ms. Bonnie Morris. Approximately fifteen people attended and signed the registry which is part of the record. Commissioner Wright made a motion to approve the drafted Minutes of the February 15, 2018 Regularly Scheduled Meeting as presented. Commissioner Marcum seconded the motion. The vote was recorded as follows: Aye: Mr. Wright, Mr. Marcum, Ms. Keener, Mr. Kirk, Mr. Lucas Abstain: Mr. Harrell The motion passed on a 5-0 vote. STATUS REPORT ON CONSTRUCTION AT FAIR MEADOWS AT TULSA Ms. Amanda Blair, Chief Operating Office at Expo Square, distributed a packet of updated architectural drawings and provided a status report regarding Fair Meadows at Tulsa s construction plans for a new barn and Jockey Quarters.

2 PROCESS FOR TODAY S APPEAL HEARINGS Prior to announcing Agenda Topic C, Appeal Hearing for J. Roscoe Caldwell, Jr., Chairman Lucas asked if any Commissioners were opposed to hearing all three appeal matters, then convening one Executive Session for deliberations for all three cases, rather than three separate Executive Sessions following each hearing. There were no objections from the Commissioners. Mr. John Mac Hayes, Attorney for all three Appellants, and both Attorneys for the Stewards indicated they had no objections to the procedure. APPEAL HEARING FOR J. ROSCOE CALDWELL, JR., REGARDING STEWARDS ORDER 17-RP-095 Chairman Lucas announced the Hearing. The Commission heard oral argument from Attorney John Mac Hayes on behalf of Mr. Caldwell, Jr., who was not present. The Commission heard oral argument from Mr. Bennett Abbott, Deputy General Counsel, Department of Agriculture, Food and Forestry on behalf of the Board of Stewards. The Attorneys for the parties were questioned by the Commissioners. APPEAL HEARING FOR MIGUEL C. BANUELOS REGARDING STEWARDS ORDER 17-FMT-002 Chairman Lucas announced the Hearing. The Commission heard oral argument from Attorney John Mac Hayes on behalf of Mr. Banuelos, who was not present. The Commission heard oral argument from Mr. Bennett Abbott, Deputy General Counsel, Department of Agriculture, Food and Forestry on behalf of the Board of Stewards. The Attorneys for the parties were questioned by the Commissioners. APPEAL HEARING FOR STACEY CAPPS REGARDING STEWARDS ORDER 17-FMT-021B Chairman Lucas announced the Hearing. Appellant Stacey Capps was present, represented by Mr. John Mac Hayes. Mr. James Rucker, Assistant General Counsel, Department of Agriculture, Food and Forestry, appeared on behalf of the Board of Stewards. Mr. Hayes made an oral motion to continue the Hearing, and Mr. Rucker objected. Commissioner Kirk made a motion to deny the request. seconded the motion. The vote was recorded as follows: Commissioner Marcum 2

3 Aye: Mr. Kirk, Mr. Marcum, Mr. Harrell, Ms. Keener, Mr. Wright, Mr. Lucas The motion to deny the continuance passed on a 6-0 vote. The Commission then heard oral argument from Mr. Hayes and Mr. Rucker. Counsel for the parties were questioned by the Commissioners. Executive Session After the conclusion of the three Appeal Hearings, Commissioner Harrell made a motion to go into Executive Session to deliberate separately on each of the three Appeal Hearings and include Ms. Sandra Balzer, Commission Legal Advisor. Commissioner Keener seconded the motion. The vote was recorded as follows: Aye: Mr. Harrell, Ms. Keener, Mr. Kirk, Mr. Marcum, Mr. Wright, Mr. Lucas The Executive Session started at 11:04 a.m. At 12:22 p.m., Commissioner Marcum made a motion to return to Open Session. Commissioner Keener seconded the motion. The vote was recorded as follows: Aye: Mr. Marcum, Ms. Keener, Mr. Harrell, Mr. Kirk, Mr. Wright, Mr. Lucas Motion on Appeal Hearing for J. Roscoe Caldwell, Jr. Commissioner Keener made a motion to affirm the Stewards Order on J. Roscoe Caldwell, Jr. and instruct the Commission Legal Advisor to draft an Order, complete with Findings of Facts and Conclusions of Law as discussed in Executive Session, for continued deliberations at the May 17, 2018 meeting. Commissioner Harrell seconded the motion. The vote was recorded as follows: Aye: Ms. Keener, Mr. Harrell, Mr. Kirk, Mr. Marcum, Mr. Wright, Mr. Lucas 3

4 Motion on Appeal Hearing for Miguel Banuelos Commissioner Harrell made a motion to affirm the Stewards Order on Miguel Banuelos and instruct the Commission Legal Advisor to draft an Order, complete with Findings of Facts and Conclusions of Law as discussed in Executive Session, for continued deliberations at the May 17, 2018 meeting. Commissioner Kirk seconded the motion. The vote was recorded as follows: Aye: Mr. Harrell, Mr. Kirk, Ms. Keener, Mr. Marcum, Mr. Wright, Mr. Lucas Motion on Appeal Hearing for Stacey Capps Commissioner Harrell made a motion to affirm the Stewards Order on Stacey Capps; however, the Commission found that mitigating circumstances existed and specifically found compelling that the subject horse may have been administered the prohibited substance by others; therefore, Ms. Capps s suspension was reduced from 365 days to 157 days with the Trainer to be given credit for time served, and the Commission would issue an Order with Findings of Fact and Conclusions of Law to take effect immediately. Commissioner Marcum seconded the motion. The vote was recorded as follows: Aye: Mr. Harrell, Mr. Marcum, Ms. Keener, Mr. Kirk, Mr. Wright, Mr. Lucas ANY MATTER NOT KNOWN ABOUT OR WHICH COULD NOT HAVE BEEN REASONABLY FORESEEN PRIOR TO POSTING THE AGENDA There was no such matter. ANNOUNCEMENT Chairman Lucas announced that the Commission s next meeting was scheduled for May 17,

5 ADJOURNMENT The meeting was adjourned by acclamation by Chairman Lucas at 12:26 p.m. Approved this 17 th day of May, On Behalf of the Commission: ATTEST: Kelly G. Cathey, Executive Director KGC/bjm/4/2/18, 4/23/18, 5/1/18, 5/2/18, 5/17/18 Joe Lucas, Chairman In conformity with the Oklahoma Open Meeting Act, advance notice of this regular Commission meeting was originally transmitted to the Oklahoma Secretary of State on August 17, 2017; and public notice of this meeting, together with the agenda, was posted in prominent public view in the lobby of the Department of Agriculture, Food and Forestry, Oklahoma City on March 27, The announcement of the CY 2018 Commission meetings was posted on the OHRC website on August 17, The agenda for this meeting was posted on the OHRC website, on March 23,