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NYTHA Issues Steps in Election Protest Process

| 12:00 am

In response to runner-up Terry Finley’s protest of the results of the 2014 New York Thoroughbred Horsemen’s Association Presidential Election, that organizations newly elected Board met Monday evening and adopted a formal process to hear the protest. The six steps of the process are as follows: 

1) The Board has adopted a four stage process for hearing the election protest (the “Protest”) of Terry Finley (“Finley”), dated Dec. 8, 2014. 

2) The first stage of the hearing process will be the submission by Finley of a comprehensive and detailed written statement specifically describing his objections to the recent NYTHA election for president, with all supporting evidence, such as documents and affidavits. This statement, with evidence (the “Finley Statement”), should be submitted in hard copy or preferably electronically as soon as possible, but in any event it must be received no later than 5 p.m. Jan. 5 at the office of Bryan Cave LLP (“Bryan Cave”), 1290 Avenue of the Americas, New York, New York, 10104, Attention: James M. Altman, Esq., electronically at jmaltman@bryancave.com. Bryan Cave will then distribute the Finley Statement to the members of the NYTHA Board (except for Rick Violette, who will not participate with the Board in reviewing the Finley Protest) and Interested Parties (as defined below). 

3) The second stage of the hearing process will involve the submission by Interested Parties of a statement and/or supporting evidence (a “Submission”) in response to the Finley Statement. After review of the Finley Statement, the Board will request that persons with information or knowledge about factual matters relevant to the Finley Statement make such a submission. Based upon the Protest, the Board currently considers the following persons to be Interested Parties who may present a Submission: Rick Violette, Alan Foreman, and Jim Gallagher. It is possible that after review of the Finley Statement, the Board will consider other persons to be Interested Parties as well and will invite a Submission from them. The Submission of Interested Persons must be submitted to James M. Altman at Bryan Cave and must be received on or before 5 p.m. Jan. 16, 2015. 

4) The third stage of the hearing process may entail the questioning of witnesses Feb. 10, 2015, at the NYRA Board Room at Aqueduct Race Track, commencing at 11 a.m. If, after reviewing the Finley Statement and the Submission of Interested Persons, the Board believes it is necessary to hear testimony from Finley, an Interested Person, or another witness in order to resolve disputed issues of facts significant to resolution of the Protest, then an oral fact-finding shall be convened. If the Board does not need to hear testimony in order to resolve such disputed issues of fact, then there will be no oral fact-finding. Mike Shanley will preside over such a fact-finding. At the oral fact-finding, the persons the Board wishes to question will testify under oath. The questioning will be conducted solely by the Board members. The persons who are called to testify may be represented by counsel, and such counsel may attend the oral fact-finding, but such counsel may not question any witness and they may not present any argument. They may, however, counsel their client. There will be a stenographer at the oral fact-finding, who will make a transcript of the proceedings. The oral fact-finding will be private; apart from the stenographer, no one except the Board, Bryan Cave, the persons testifying, and their counsel may be present. 

5) The fourth stage of the hearing process will be the Board’s deliberation and decision. After the completion of the first three stages, and after reviewing the Finley Statement, the Submissions of Interested Parties, and the testimony and other evidence adduced at the fact-finding, the Board will deliberate and render a written decision. 

6) The Board’s discussions, communications and deliberations regarding the Protest will be strictly confidential. None of those discussions, communications or deliberations are to be disclosed to Finley, to any of the Interested Parties, or to the public in general. 

NYTHA President Rick Violette Jr., Executive Director Jim Gallagher and General Counsel Alan Foreman did not participate in the discussion and adoption of this process.