CHRB Flouts Public Records Act

I spoke with Susan Ross, CHRB Public Records Officer, this afternoon to get more specifics regarding the denial of my California Public Records Act (CPRA) request. In contrast to the professionalism I have always enjoyed when speaking with Mike Marten, Public Information Officer, and Wendy Voss, Assistant Chief of Administration, Ms. Ross was challenged in this regard.

There are certain exemptions in CPRA, one of which is personnel matters. However, this exemption does not apply when there have been allegations of wrong doing that are well founded, but would continue to apply if those allegations were trivial.

When I asked whether the reason for this denial was a matter of there not being any allegations or that the allegations were trivial, she wouldn't reveal anything other than the broken record mantra that "everything in the personnel file is exempt." She made the assertion a number of times as I reworded my questions. When I then asked point blank "were there any allegations of wrong doing" she said, after a long pause, "I'm not going to answer that.....and all public records requests must be in writing." Of course this is not true, but there was no need to labor the point now.

Then the plot thickened. I also wanted to get a copy of their CAFR (Comprehensive Annual Financial Report), which many agencies post on their website and is a commonly requested document, particularly by bond investors. The report is certainly not exempt. So while I'm saying, "OK, then I'd like to get a copy of your...", she interrupts "Every request must be in writing." Now it's important, so I correct her and say, "CPRA requests do not have to be in writing. Are you aware of that?" Ms. Ross was resolute: "I'm not going to argue with you. All requests must be in writing. I'm going to hang up now." And she hung up on me. It was both frustrating and somehow rewarding. As if I, a wee blogger, am actually a threat.

For the fact checkers among my now double digit readership, allow me to quote liberally from the Open Government Guide, section V.A.2.(a):

A request must "reasonably describe an identifiable record" to be produced. Cal. Gov't Code § 6253(b). Such a request may be made orally. Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 107 Cal. Rptr. 2d 29 (2001)(CPRA does not require that requests for public records be in writing). However, if the request is in writing, then a written response is required. Cal. Gov't Code § 6255(b). Therefore, if a denial is anticipated or it is anticipated that the agency may drag its heels, the better practice is to make the request in writing, signed and dated by the person requesting the record, and to retain a copy. Otherwise, routine requests can be and should be made orally.

Update: Many fact checkers have contacted me asking that I disambiguate Susan Ross of the CHRB with Susan Biddle Ross.

CHRB Denies Public Information Request

I received notice from the California Horse Racing Board that they have denied my public information request in total. Their position appears to be that no portion of any document can be released, citing, or rather mis-citing the "personnel" exemption.

It appears my only recourse now is a to file a complaint in California Superior Court. I'll have to do some research over the coming weeks, but I'll keep you posted. Luckily, there are a litany of Sunshine Law advocate groups in San Francisco. Hopefully they will have some useful resources.

For anyone submitting California public information requests, I have found these resources useful.

- The Reporters Committee for Freedom of the Press's California Open Government Guide
- Attorney General's summary of CPRA
- Student Press Law Center
- Californians Aware
- California First Amendment Coalition

Champion Jockey Barrington Harvey

The Northern California jockey colony has produced a litany of top riders through the years. From Johnny Longden and Bill Shoemaker to Victor Espinoza and Russell Baze, and most recently, Martin Garcia, the circuit has been a testing strip for many great jocks. With the exception of Baze, all of these jocks graduated on to more lucrative circuits. Barrington Harvey, a stalwart of the colony, has seen many new jocks come and go. Harvey has seen them on their way up and on their way down. He remains one of the bedrock underpinnings of NorCal's consistently strong group.

Harvey doesn't get the best mounts, and he doesn't get many chances to ride for the top barns. Even so, he took down top honors at the recently concluded Stockton meet. He Won 11 races during the 10 day San Joaquin County Fair meet which secured the jockey's title for the Jamaican native. It was his first title in a career spanning a plethora of tracks from Jamaica to the U.S. Harvey brought his tack to the U.S. after riding at Cayman's Park in Jamaica for 8 years. After arriving stateside, he began riding at Philadelphia Park. He later spent stints at Belmont, Aqueduct, Garden State, Monmouth, Meadowlands, Pimlico, Larual and other tracks in the mid-Atlantic region.

Some of Barrington's best qualities never show up in the charts or the standings. He's one of the very jocks who joins the fans for a beer after his last mount. He always has a smile and a story, and genuinely enjoys chatting with owners, trainers and fans. This kind of access is rare in almost every sport--try hanging out with a relief pitcher or utility man from your local major league baseball franchise. Next time your at a NorCal track, look for Barrington around the apron after his last mount. Buy him a beer. Then listen to one of the nicest folks in racing. You might like hearing him tell you about his day at the office.

BAM!

Movement worked a bullet half mile this morning, in company, from the gate. The official clocker caught her in 49 flat, good for the best of 14 at the distance. Her workmate, SmokinBell popped a bullet 3 furlong work in 35 and 3. Movement broke well from the inside post, then settled three parts of a length off her workmate. After two furlongs the two were on even terms and stayed that way until Belle pulled up, as that filly was only working 3. Movement went on with it and galloped out nicely.

Sonoma Racing Delights and Santa Rosa Nights

I have much to report from my sojourn to the nations best mid-summer racing festival, the Sonoma County Fair in Santa Rosa, California, where hometown boy Vic Stauffer delights the teeming crowd with his big city race calls, and the turf course always brings full fields.

In the mean time, Thoroughbred Bloggers Alliance has inducted yet another member. Shawn of At the Spa will be chronicling his summer at Saratoga and making daily selections. John, the photoshop expert, at Not to the Swift comments on the meteoric rise of our organization.

NorCal's answer to Saratoga and Del Mar

I've been to Saratoga for the Travers and to Del Mar for the Pacific Classic, as well as less populated days at those tracks, but for my money, I'll take Santa Rosa. I'm headed up for the weekend for some wine country racing at the Sonoma County Fair -- where the turf meets the traminer.

Movement's Workout - 7/26

I'm a touch tardy in noting that my filly Movement worked a half mile yesterday. She went in 49:1 which was good for the 5th fastest time of 33 workers.

Update: She worked in company, and passed a workmate from the inside. She was in the 2 path and the other horse in the 4, so she wasn't in too tight, but she didn't balk at the prospect. Next she'll probably go another half, then a fiver, then back to halves until she starts. I'm just hoping she stays healthy enough to show how good she is, or isn't, on the track.

New to TBA, New to Saratoga

Please help me in welcoming new Thoroughbred Bloggers Alliance member, and Portland Meadows back-up announcer Patrick of Much Ado. He is currently embarking on a fierce battle with former Portland Meadows back-up announcer Jballscalls of Up on the Roof. They are each armed with a mythical bankroll of $3,000 and are posting their Saratoga picks each day.

To further hone your Saratoga acumen, the newly launched Racing Saratoga offers great writing, handicapping and even a little local insight. Founded by Alan of LATG, RS will also boast several other TBAers among its authors.

We're # 1

It's not at a ball park. It's not at a football stadium. It's not even at a futbol arena. Nope, it's at a racetrack, where the zeitgeist of technology should be.

Young Naked Filly Bathing

Movement jogged a furlong this morning and was full of herself on the track. She hopped, let off a playful kick or two, and threw her head about like the energetic, carefree two year old she is. Afterward she played with the grooms while enjoying her morning bath. Tomorrow she'll jog two furlongs, and since I have to go out to the track to pick up my silks, I may get there early to snap some more pics and offer her carrots.

Movement's Workout - 7/18

Movement worked three furlongs yesterday, although the official clocker caught her with the gallop out for a half in 50:4. Trainer Jamey Thomas says she went the 3 in about 37.


Gate Master
She Worked from the gate and broke extremely well again. Then, what’s even more promising, she relaxed once in to stride. In the past, the rider always had to fight her not to go full bore, but this time the light bulb went on. Jamey said "It looks like, all of a sudden, she figured it out." He’ll probably work her a half mile for real, next.

Out of the Wildnerness
The goalposts keep changing, but right now we’re pointing for a start the first week of the Golden Gate meet, which opens August 25. I’m wicked anxious to see her race, but it feels good to know we’re doing the right things for what we think will be a pretty useful horse. Also, Jamey’s numbers are always better at Golden Gate than they are at Bay Meadows. I’ll take every advantage we can get.

California's Simulcasting Outlets are Officially Lame

California horse racing fans are familiar with the sorry state of simulcasting in the State. Not only are there too few outlets, but the ones we do have are pathetic. Most of them are run by regional fairs, some with fair meets like Fresno and Santa Rosa, and some 20 outlets without one of these "10 days per year" racetracks.

Ray Paulick, perhaps my favorite editorialist, found the conditions of one California's simulcast outlets so oppressive he was compelled to append his findings to a very worthy article about the Eclipse Awards. He details his experience in Santa Barbara, but it could have been any of them, really. Find his comments below.

SIMULCAST HELL

Have you ever found yourself in a strange town on a big-race day and decided to attend a local simulcast outlet?

I was in Santa Barbara, Calif., July 15 and tried to take in many of the day's big stakes races at the Earl Warren Showgrounds. The experience gave me further evidence of the sad state of California racing, which has an antiquated off-track betting system hitched to the politically strong county fair associations.

For a $5 admission charge, patrons might expert to have nicer furnishings than the flea-market quality tables and chairs lined up cafeteria style in the two seedy rooms provided for horse players. Though there were a handful of large-screen monitors, most of the televisions were so small it was difficult to follow the action.

There were only 50 or 60 souls on hand to bet on an exciting day of racing. At least one of them plans to never go back.

Movement Breaks Well From Gate, First Start Pushed Back

Our lovely li'l filly Movement got a little more experience with the gate this past week, and broke out like a shot on Thursday. It appears she just had an off day the week before when she was left.

Given the work schedule Jamey has in mind, she wont be making her debut in Santa Rosa. Jamey hopes to put one more 3 furlong work into her, then two half mile works and a fiver. That makes late August look like a probable start date. Bay Meadows Fair runs through August 23rd, but I bet Jamey will want to wait and run at Golden Gate, which opens August 25th and where she is stabled, so that she wont have to ship. The purses are a touch bigger at Golden Gate, as well. Then, we'll still be at the mercy of the condition book to find a spot for her. I hope she stays healthy and a good race comes up so she can start earning her keep. She is a pricey indulgence.

CHRB Public Records Request

I've sent my public records request for information regarding the mysterious happenings surrounding Roy Minami, formerly the #2 man at the CHRB. As hard core as this public agency is of keeping secrets and operating in the shadows, I doubt I'll get much cooperation, but one has to go through the motions.

Loose Ends

- As many of you know, I've been trying to get win photos in digital format. The track photographers in California currently don't offer this, and Bill Vassar, the Bay Meadows track photog, flatly told me he'd never sell me one in digital format. Since then I've gotten in touch with Wayne Atwell of the Thoroughbred Owners of California. He contacted Mr. Vassar and seemed to make a little progress. Wayne emailed me back on July 3, to tell me Mr. Vassar would email be directly. I still haven't heard from him, but at least that's been some movement.

- I still haven't heard back from Wendy Voss of the CHRB regarding my request for information surrounding the mysterious administrative leave and subsequent resignation of the Board's Assistant Executive Director. If past dealings with this clandestine organization are any indication, they're trying their best to sweep my concerns under the rug. After consulting with a handful of reporters, including the fine scribe Scoop, it appears I will have to submit a public records request under the Public Records Act as bolstered by Prop 59.

Movement - The Vacation Chronicles

I missed a good bit while on vacation in the Pacific Northwest. Movement had two published works and some gate schooling. As noted, she worked last weekend. On Thursday she was slated for a li'l edge-you-ma-kation on breaking from the gate. She didn't break, spotting her co-workers 3+ lengths, but quickly put herself alongside them. Unfortunately, this exercise is supposed to be about breaking smartly, then pulling up inside 100 yards. She had her own ideas, dragging the rider about 400. In past gate drills she showed an ability to break, so I hope this is just a one time thing. Jamey thinks he can teach her the necessary skills in due time, but one never really knows until they're in a race.

In better news, she worked another 3 furlongs Friday and looked good. She wanted to go faster than the jockey wanted her to, which I hope means that there's lots more under the bonnet. However, as I heard Becky Witzman remark on HRTV today, it's a common thing for a rider to try to keep a horse contained, then upon shaking the reins and looking for more, finding none. We've never gotten to the bottom of her, but that doesn't mean the well is all that deep either.

Grant Forster Takes Stake Once Tote Board Brad Leaves Town

In addition to enjoying the perpetual commotion of the Da Goat Show on the Fourth, I was able to tap the great racing mind of trainer Grant Forster. Seen here (left) in the paddock, Grant is ever confident in his training prowess, as I search in vain for clues to a winner in my form (right).

Grant had one entry on the day, finishing up the track. Of course, once I skipped town Grant was back to his winning ways, taking the King County Handicap today with the favorite A Classic Life.

I chatted Grant up about the synthetic tracks that are coming to California. Grant has experience with polytrack at Turfway and believes installing it there made the track markedly safer. I'm eager for Movement to be able to work over a far more forgiving synthetic track and look forward to the transition. California's hard, speed biased tracks are particularly taxing, in my uneducated opinion. One area I haven't heard much chatter on is the effect the proliferation of synthetic surfaces will have on the breeding industry. Grant thinks there may be a major shake up to come when sires considered modest today become known for their progeny's proclivity toward the astrodirt. Also, some of today's top dirt sires could take a back seat if their young don't care for the surface.

Da Goat Holds Court at Emerald Downs on Independence Day

I spent my 4th of July at Emerald Downs, where I met up with friends new and old. In addition to the fedora sporting trainer Grant Forster, the Seattle area race track is home turf for Dougie, aka Da Goat, and the racing venue is immeasurably more entertaining for his presence. The aspiring racing media magnet has more energy than a caffeinated gamecock on the cusp of a championship bout. There's no venom here, though. Sheepish this goat is not, but his lovable, lay-it-all-out-on-the-table honesty is refreshing in compare with the darkly jaded or the hyperbolically boastful types you more often encounter trackside. Anyone who loves this game, and can keep up, should spend an afternoon of the races with Doug. I know of no one whose passion for the game exceeds his.

Portland Blues Festival

The Portland Blues festival on the banks of the Willamette River was centered around New Orleans and Gulf Coast artists, and by all indications was a spectacular success. I don't know the official numbers, but there seemed to be more folks than even at the Chicago blues festival. non sequitur you say? Somehow the blues and horse racing are inextricably married in my mind. Perhaps it's a certain sense of nostalgia or their rural roots. Regardless, these two vices of mine blend well together for me.

Movement Has Published Work

Movement covered 3 furlongs in a leisurely 38 3/5 during a published workout Saturday July 1. She pulled up well, which is more important than the time. We're hoping for a start in about a month or so at the Santa Rosa meet.