SOA/NY sends NY Gaming Commission Freedom Act request

The following letter has been sent from the harness racing Standardbred Owners Association of New York to the New York State Gaming Commission evoking the Freedom of Information Act as they are seeking detailed information on pre-and post-race testing from 2017 to 2019 at Yonkers Raceway.

It is their belief, that some or all collected specimens had been forwarded to other venues than required and/or placed in the custody of non-governmental entities and/or governmental entities for unknown purposes.

Dear Records Access Officer:

The undersigned is president of the Standardbred Owners Association of New York (SOA), the New York State Gaming Commission-recognized representative horsemen’s association at Yonkers Raceway.

The following items and information are necessary with regard to ensuring that the horsemen competing at Yonkers Raceway are fully aware of the disposition of blood, urine and/or other pre and post-race Specimens collected by the New York State Gaming Commission from the horses they own and train (hereinafter referred to as “Specimens”). Presently, and since at least 1971, all such collected Specimens are to be forwarded to the New York State Equine Drug Testing Lab for analysis. Upon information and belief, some or all collected Specimens have been forwarded to other venues and/or placed in the custody of non-governmental entities and/or governmental entities for unknown purposes. In accordance with Article 6 of the New York Public Officers Law [Chapter 578 of the Laws of 1974], the Freedom of Information Law, the undersigned seeks copies of the following materials:

1) A complete list detailing all instances of Specimens collected by The New York State Gaming Commission, its agents, servants, and/or employees at Yonkers Raceway during the calendar years 2017, 2018 and 2019 which were permitted to be collected by, delivered or forwarded to, a private, non-governmental entity or individual other than the New York State Equine Drug Testing Lab. With regard to each of the identified Specimens, please state:

a) The name of the horse from which the Specimen was collected

b) The identity of the horse’s connections (trainer / owner).

c) The date upon which the Specimen was collected

d) The collection tag number of each such Specimen

e) The nature of each Specimen (blood (serum); urine; other)

f) Whether the Specimen, or any part or portion of the Specimen, was also forwarded to the New York State Equine Drug Testing Lab as required by law and, if so, a complete report of the analysis of such Specimen, including whether such Specimen was positive for a prohibitive substance under NYS Gaming Commission regulations.

g) The exact location, person or entity to which the Specimen was sent, including but not limited to, (i) New Meadowlands, LLC any of its agents, servants and or employees; (ii) New Meadowlands Racetrack; (iii) Brice Cote; (iv) The Hong Kong Jockey Club, Five Stones etc. (collectively the “Third Party Entities”)

h) The date upon which such Specimen was forwarded to any Third Party Entity.

i) All documents of whatever nature, including but not limited to letters, facsimiles, emails, telephone logs or memoranda, etc. regarding the solicitation for transfer and transfer of the Specimens between the New York State Gaming Commission and any Third Party Entity.

j) All results, reports and analysis records of each of the Specimens received by the New York State Gaming Commission from any Third Party Entity.

k) The mode or method by which the New York State Gaming Commission determined which collected Specimens were to be forwarded to Third Party Entities.

l) Who at the NYS Gaming Commission authorized the collection and/or the forwarding of such samples to any third party

2) A complete list detailing all instances of Specimens collected by The New York State Gaming Commission at Yonkers Raceway during the calendar years 2017, 2018 and 2019 that were forwarded to a governmental entity or individual other than the New York State Equine Drug Testing Lab. With regard to each of the identified Specimens, please state:

Repeats 1 a) through l) above as though set forth herein at length once again plus

m) The exact location, person or entity to which the Specimen was sent, including but not limited to, (i) The United States Attorney for the Southern District of New York; (ii) The United States Department of Justice; (iii) The Federal Bureau of Investigation; (iv) the United States Food and Drug Administration; (v) The United States Department of Agriculture; (vi) the New Jersey Racing Commission (collectively the “Government”)

n) The date upon which such Specimen was forwarded to the Government.

o) All documents of whatever nature, including but not limited to letters, facsimiles, emails, telephone logs or memoranda, etc. regarding the solicitation for transfer and transfer of the Specimens between the New York State Gaming Commission and the Government.

p) All results, reports and analysis records of each of the Specimens received by the New York State Gaming Commission from the Government.

q) The mode or method by which the New York State Gaming Commission determined which collected Specimens were to be forwarded to Government.

r) If any Specimens were forwarded to Government in response to a subpoena, a copy of each subpoena and return on the subpoena.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible as provided by statute and look forward to hearing from you shortly. If all or any part of this request is denied, I request that I be provided with a written statement of the grounds for the denial. If you determine that some portions of the requested records are exempt from disclosure, please provide me with the portions that can be disclosed. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Kindly advise me regarding any and all fees and charges required for photocopying, certification, or for any other purpose. Also, please be advised that electronic transmission of these documents to the following e-mail address will be accepted: faral@me.com

Thank you for your usual courtesy and prompt cooperation with regard to this important request.

Very truly yours,

Joseph A. Faraldo, President SOA of NY

by Joseph A. Faraldo, for the SOA of NY