Tom Noonan

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Where is our country going?

Posted by noonante on July 11, 2016
Posted in: Political/Social commentary, Politics. Tagged: Alton Sterling, Dallas police shootings, Philando Castile. 3 Comments

Have we turned a corner in our country when a local newspaper runs a Sunday column headlined “A summary of recent violence,” making it seem that it will be a regular feature recounting the preceding week’s most noteworthy atrocities?

The police shootings of two black motorists, Alton Sterling in Baton Rouge and Philando Castile in Minnesota, followed by the murders of five Dallas police officers and seven others, appears to have stunned the country  –  again.  That it comes less than four weeks after the massacre at the Orlando nightclub makes one wonder if our reaction to unspeakable violence is becoming routine  –  we are initially horrified, move on, then have the same reaction the next time.

It is not routine, of course, for the families and friends of the victims.  Nor is it routine for those who are in the targeted groups, whether they be black citizens or police officers.

On the morning of the Dallas shootings, I was listening to an On Point program on NPR devoted to the deaths in Baton Rouge and Minnesota.  One caller in particular struck a chord.  He was black (I assume) and emotional.  Part of the emotion was a feeling of deep hurt that this is happening in the America of 2016.  It is a hurt that we can hear in so many voices of African-Americans who had hoped that these feelings would become a thing of the past.

The other emotion was anger, and it was an anger that I thought could be a harbinger of horrible consequences.  In less than 24 hours I witnessed what those consequences could be.

By all reported accounts, the Dallas Police Department  –  whose chief is black  –  has made significant efforts to work with the community they police to become part of that community.  One of the poignant images taken that day before the shootings was of two officers, one black and one white, standing on each side of a demonstrator.  All were smiling.

We can hope that the week’s events can become a catalyst for reconciliation.  As a white man, I can say that I have never been concerned for my safety when stopped for a traffic violation.  One would have to be exceptionally obtuse to realize why that is not the same experience for someone who is black.

I also never feared that I may not be going home from my job, a feeling a cop must experience every time he or she puts on a uniform.

That reconciliation is not going to happen, however, as long as the so-called leaders in politics and the media continue to use every tragedy as an opportunity to score points advancing their own agenda.  But it’s also not going to happen until ordinary citizens start pushing for a changed America.  We can all start by vocally rejecting the bilious nonsense being spouted by our most noxious figures that accompanies every tragedy.

What if this happened in racing?

Posted by noonante on June 20, 2016
Posted in: Golf, Horse Racing. Tagged: Dustin Johnson, U.S. Open. Leave a comment

I am not a fan of golf.  I will watch the end of the fourth day of a major tournament, and I think the stories by recreational golfers about their rounds are every bit as fascinating as horse players describing that day’s beats.

But the closing day of the U.S. Open on Sunday introduced an aspect of surreality that may be unique in sports.  Dustin Johnson, who ended up winning, was preparing a putt on the 5th hole when he did something described as “grounding” his putter.  Something caused his ball to move a truly imperceptible amount  –  “distance” would be significantly overstating what occurred.

Obviously, if a golfer does something to alter the ball placement, whether deliberate or inadvertent, it should be counted as a stroke.  Had an official determined that occurred, fine.  But it was not until the 12th hole, according to ESPN, that an official approached Johnson and told him that he might be penalized a stroke.

Again, if a review of the “incident” had taken place and it was determined that Johnson should be penalized, fine.  It may have taken too long in this day of endless replays, but at least he had seven holes to deal with it.  Except that a decision would not be made until all the players had completed their rounds.

So in a contest that was close to the end, no one knew if the leader was two strokes ahead or three strokes ahead.  It’s an uncertainty that likely would have affected the play of Johnson and his closest competitors.  And a decision would not be made until everyone was of the course  –  and it’s a decision that could have been made two hours earlier while play was underway.

There are parallels in other sports except that any reviews are done promptly and a decision made before play can resume.  In football or hockey, it would be whether the ball or the puck crossed the goal line.  In baseball, it’s whether a ball was a home run or just touched the outfield wall.  The idea that such a call would be after the game was “over” is, of course, ludicrous.  Yet that is what the United States Golf Association did.  They ended up counting it as a stroke, but Johnson had a sufficient lead so it did not affect the order of finish.

Horse racing, fortunately, does not have an analogous situation. Yes, there are disqualifications that can happen because of the circumstances during a race, but you cannot stop the action while the stewards huddle.  And drug testing disqualifications happen several days later, but it does not affect those who already cashed (or did not).

It would almost have been worth it for the USGA to add a stroke that would have affected the order of finish just for the reaction among the public, some of whom presumably had wagered on the event.  Their decision-making process is a level of incompetence that stands head and shoulders over other major sports.

The sad state of “leadership” in New York racing

Posted by noonante on June 16, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: Andrew Cuomo, Concerned Citizens for Saratoga Racing, John Hendrickson, NYRA, reprivatization, VLT revenue. Leave a comment

It was sad watching the Saratoga Springs local Chamber of Commerce and an offshoot, Concerned Citizens for Saratoga Racing, hold a rally to support legislation they claimed would reprivatize the New York Racing Association.  As the group twice did a chant on command of “WHOA Cuomo” for the TV cameras, the Legislature was passing the bills they supported.

Unfortunately, as one of the group’s leaders acknowledged in response to a question, the Legislature’s bill would guarantee the Governor control of 11 of the 15 members of a new Board.  So much for stopping the Governor.

The New York legislative session ends today (or whenever they decide to start the clock again after stopping it at midnight), and there is a need to do something about the governing structure of NYRA.  The current law that gives the state government control of the franchise expires in mid-October.

Four years ago when Governor Cuomo seized control of NYRA following bogus allegations of mismanagement, he promised his takeover would last only three years, because “state government has no role in running horse racing.”  His administration did not come up with a recommended plan by their deadline, so government control was extended another year.

This year, NYRA, charged with coming up with a proposal, did as little as possible to meet their legal obligation, although it was clear that the only opinion that mattered was sitting (sometimes) in the second floor of the State Capitol.  One house of the Legislature came up with a plan on May 25 that was soon adopted by the other chamber.  The Governor’s plan was revealed a week ago.  When you have four years to do something, I guess late is better than never.

There are two major differences between the bills:

  • The Governor’s plan would give him effective control of appointing 13 of the 15 members on a new Board of Directors;  the legislative bills would give him effective control of 11 of 15 members of the Board;
  • The Governor’s plan would take $11.5 million in revenues from the Video Lottery Terminals at Aqueduct and direct them to government expenditures and not to NYRA.

Understandably, the debate on the legislation has focused on the money the Governor would like to take from NYRA.  They project $57.5 million in VLT receipts this year, and the Governor proposes capping it at $46 million starting next year.  The Comptroller of New York, Thomas DiNapoli, released an audit last week in which he concluded that NYRA is not currently profitable without VLT revenues, nor has it developed a plan to attain self-sufficiency without the monies.  Charles Hayward, writing in Thoroughbred Racing Commentary, outlines the history of the VLT monies becoming a guarantee for 25 years, both contractually and by statute.

The composition of a future Board, however, is as significant an issue.  On the current Board, remarkably, the Governor has less than half of the appointees, although he and his loyalists have controlled NYRA without needing a majority.  There is perhaps a misperception that a “government-controlled” Board means it is composed primarily of state employees.  Only one such person, however, has served on the Board since its inception four years ago.

So when both bills purporting to “reprivatize” NYRA would give increased and overwhelming control to the Governor, one would be inclined to laugh if the prospects for New York’s racing and breeding industries were not so grim.  When one reads the Senate chair of the Racing and Wagering Committee challenging the Governor to veto their legislation, one does have to laugh.  Cuomo is in a no-lose situation  –  he controls NYRA under either scenario, and he gets to keep his seizure of NYRA’s money alive.  Someday, the so-called racing leaders in the Legislature will realize they are playing checkers while Cuomo plays chess.

We should also not minimize the possibility of a new NYRA Board moving ahead with an agenda that acts as though NYRA does not get VLT monies and budgets accordingly.  This was actually proposed in August 2013, by Cuomo’s hand-picked Board Chairman David Skorton.  In a rare instance of the NYRA Board actually commenting on something, it became an idea that was shelved quickly.  Significantly, the charge was led by one of the Senate’s appointees and John Hendrickson, a Cuomo-appointee who resigned recently because the Governor did not listen to him.

So if we have a new Board composed of Cuomo loyalists, who can be counted on to serve the interests of New York’s owners, breeders, trainers, backstretch employees and fans?  The state’s Gaming Commission?  Mostly Cuomo appointees.  The Franchise Oversight Board?  Mostly Cuomo appointees.  NYRA?  More Cuomo appointees.  There are groups representing owners, trainers and breeders, but they have been mostly silent on this debate, possibly because of their need to work with the Administration.

And when the Concerned Citizens and their legislative allies finish draining their champagne flutes after yesterday’s vote, perhaps they can consider how they will explain a new NYRA Board composed almost entirely of Cuomo loyalists as a result of the legislation they supported.

Audit exposes NYRA nonsense

Posted by noonante on June 13, 2016
Posted in: Horse Racing, Political/Social commentary, Politics. Tagged: Andrew Cuomo, Chris Kay, Franchise Oversight Board, NYRA, NYRA audit, NYS Gaming Commission, reprivatization, Thomas DiNapoli, VLT revenue. Leave a comment

New York State’s Comptroller, Thomas DiNapoli, released an audit of the financial practices of the New York Racing Association.  He concluded that NYRA “continues to produce multi-million dollar annual deficits in its racing operations,” and that continuing this trend means that “NYRA’s long-term solvency could be a long shot.”

While this may come as a surprise to those who believed NYRA CEO Chris Kay’s constant proclamations that the organization was finally running in the black after years of deficits, it was obvious to anyone who went beyond press releases and actually looked at their financial statements.  The audit comes at a particularly resonant time since the Legislature is due to take up legislation this week concerning the future of NYRA, including a bill proposed by Governor Andrew Cuomo that would degrade significantly NYRA’s financial situation.

The audit covers the three years ending in 2014, during which NYRA was largely controlled by the Reorganization Board put in place by the Governor and Legislature in mid-2012.  CEO Kay has been in charge for the second-half of that period.

DiNapoli concluded:

  • NYRA is incurring significant operating losses from racing unless it includes the revenues from Video Lottery Terminals guaranteed by law;
  • NYRA’s assertion that it is operating profitably without the VLT revenues is based on the exclusion of certain operating expenses, for which “there is no authoritative accounting or financial reporting justification,” and is “very misleading;”
  • NYRA had not developed a plan to eliminate deficits from racing operations as recommended by the Franchise Oversight Board;
  • As an example of questionable expenses, it cited the NYRA Board’s awarding a $250,000 bonus to CEO Kay even though he had not met goals of achieving profitability without the VLT revenues or developing a plan to do so.

Central to both the audit and the Governor’s legislation to again revamp NYRA is the role of VLT payments.  While there are those who question why racing needs the revenues from slot machines, it is an essential component of the agreement reached when NYRA transferred title to the state of the land on which its tracks sit.  One can question the wisdom of doing so, but it was a contract, the provisions of which are embodied in law.

The Governor is now proposing that the VLT payments for racing and capital expenditures to NYRA be reduced from $57.5 million to $46 million.  Given that there is no dispute on NYRA’s numbers, irrespective of how they are characterized, it should be obvious that this would be a devastating blow to New York racing.

NYRA finds itself in the position of possibly absorbing this hit because of its “success” in convincing the media and outside groups of a dramatic turnaround in its finances.  As the audit demonstrates, however, the supposed turnaround borders on fraud.  John Hendrickson, the Board member from Saratoga who resigned when it became clear that the Governor did not need any independent advice, dismissed the Government’s impact on restoring NYRA to profitability, saying it would occur solely because of the VLT revenues.  He put it succinctly in BloodHorse.com:

“For the Governor to say ‘I saved racing’ is like taking your friend out on a boat and throwing him over with concrete sneakers and rescuing him.”

Among DiNapoli’s criticisms of NYRA are questionable expenditures.  Because it did not occur during the period covered by the audit, we will have to wait for the next one to get his views on the Chris Kay self-tribute that is the large structure he built in Saratoga in 2015 to celebrate those who Kay thinks should be celebrated.

This year, he apparently decided to celebrate the audit findings by announcing that he had commissioned a new Triple Crown trophy.  While I am sure that this was done following a competitive bidding process, he remarkably came up with someone he worked with while at Toys ‘R Us.

NYRA does have government bodies overseeing it, including the Gaming Commission and the Franchise Oversight Board, but each entity is controlled by the Governor’s appointees.  The audit raises an issue of their effectiveness.  I have been writing about NYRA’s questionable practice of claiming profitability by moving obvious operating expenses “off the books,” but I do not recall any one in either of these groups questioning it.  (Indeed, a member of the Franchise Oversight Board questioned Kay upon hearing of his plan to expand his self-tribute at Saratoga then demurred by saying, “You don’t have to tell me if you don’t want to.”)

This all comes to the fore because the close of the legislative session is Thursday, at which NYRA’s future is to be determined.  The Governor’s bill retains his control by effectively giving him say over 13 of 15 Board members.  The legislative bills are not much better because they would give a majority of Board appointments to those decided by the Governor’s loyalists.  The Governor’s bill would also strip $11.5 million from a NYRA that an independent source has now raised questions as to its long-term viability.

I think there is an appropriate role for government involvement in a future NYRA.  I do not think the Governor should control the future Board, but rather there should be an independent and professional panel naming so-called “private” Board members.  And, if we want truly independent government oversight, put the Comptroller on the Board.

The future of New York’s racing and breeding industries is at an important crossroads.  It could all go under if responsible figures do not act responsibly.

 

 

Belmont Stakes Analysis

Posted by noonante on June 10, 2016
Posted in: Uncategorized. Leave a comment

The Blue Ribbon Belmont Stakes Analysis is up on the Horse Racing Page.

Cuomo’s legislation increases his control of NYRA

Posted by noonante on June 9, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: Andrew Cuomo, NYRA, reprivatization. 2 Comments

Governor Andrew Cuomo introduced his legislation to replace the current law governing the New York Racing Association on Wednesday.  The bill not only increases his control over New York racing, but reduces revenues from Video Lottery Terminals that are now guaranteed to NYRA.

Here’s a comparison of the current law with Cuomo’s bill:

Current law

  • 17-member Board of Directors;
  • Cuomo appoints eight;
  • Legislative leaders each appoint two;
  • Five appointed by the prior NYRA Board;
  • Cuomo nominates chair of the Board to be approved by full Board.

Cuomo legislation

  • 15-member Board
  • Cuomo directly appoints four;
  • Legislative leaders each appoint one;
  • Eight appointed by current NYRA Executive Committee comprised almost entirely of Cuomo appointees;
  • NYRA CEO serves on Board;
  • Cuomo nominates Chair of the Board “who shall serve at the pleasure of the governor.”

Let’s go over this.  Under the current law, 12 of 17 appointees are made by state officials, and five are truly “private appointees.”  The Governor selects 8 of the 17.  In a bill laughingly described as a return to private control, all of the Board is selected either directly by state officials or indirectly in a process controlled by the Governor.  Cuomo goes from picking 8 of 17 to effectively picking 13 of 15.  That’s privatization?

A bill that is identical in the Senate and the Assembly is not much better, because it leaves the so-called “private members” to be selected by the Governor’s appointees.  Unfortunately, the media and outside groups persist in calling this a return to private control when the reality is that a Board picked under the legislative bills is likely to end up with a Board of Cuomo appointees.

To add insult to injury, Cuomo is also proposing to take VLT revenues currently dedicated to NYRA’s operating expenses and capital expenditures and capping the payments at $46 million.  Since NYRA’s budget for 2016 projected revenue of $57.5 million from this source, we are talking a significant reduction in NYRA’s ability to function.  I know there are those who say NYRA should not need this revenue, but it was part of the consideration for NTRA’s transferring title to the property on which the tracks sit to the state.  You know  –  just like a contract.

The sad part of this is that the groundwork for another coup by Cuomo was laid by a supine NYRA Board of Directors and an all-too complicit media.  They believed the nonsense that NYRA was profitable without the VLT revenues.  Now they are going along with a charade that this is a return to private control when the reality is that the Governor will have greater control.

John Hendrickson, a special advisor appointed by Cuomo to the NYRA Board, resigned when he saw the fix was in.  Let’s hope that leaders in the New York racing community and the media step up and follow his example, and start speaking the truth about this latest Cuomo outrage affecting racing.

NYRA loses important independent voice

Posted by noonante on June 8, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: Andrew Cuomo, John Hendrickson, NYRA, reprivatization. Leave a comment

John Hendrickson, appointed by Governor Andrew Cuomo to represent Saratoga Springs on the Board of the New York Racing Association, has resigned his position.  Hendrickson expressed his frustration with a Governor and administration who “don’t care much about the industry,” according to the Albany Times Union.  He was quoted saying, “There appears to be a general dislike for racing.”

Since he was appointed as a non-voting member to the Board that was created when Cuomo seized control of NYRA in 2012, Hendrickson has been an informed and independent voice.  On a Board controlled by state government, the state’s appointees meekly sit through meaningless meetings and routinely approve whatever directions are handed down from the Governor’s office.  It’s not surprising that the announcement of Hendrickson’s departure was greeted by a typically classless statement from Cuomo’s office that was basically “Good riddance.”

Hendrickson and his wife Marylou Whitney have campaigned major horses in New York, including Belmont Stakes and Travers winner Birdstone.  The couple has also been a significant contributor to racing in Saratoga, including a program for backstretch programs that runs throughout the Saratoga meet.  In short, they are a prime example of people who are committed to racing and, more importantly, to giving their success back to the sport and the community.

Despite their contributions and impact, Hendrickson could not even get a return call from the Governor to express his concerns about what is going on with racing in New York.  If it isn’t blatantly obvious by now to anyone who has observed the Governor, he expects complete fealty and unquestioning loyalty from those around him.

And what he now appears intent on is taking revenues from Video Lottery Terminals that support racing and redirecting them to his own purposes.  This is so even though the agreement reached when NYRA gave up control of the land on which the tracks sit gave NYRA a portion of the VLT revenues.

The Hendrickson resignation takes place in the context of proposals intended to return NYRA to private control instead of a government-run entity.  None of the proposals, however, whether it be Cuomo’s or identical bills from the Senate and the Assembly, do that.  The reality is that under either of the proposals, Cuomo will continue to control almost all of the appointees to a so-called “private” entity.

The Hendrickson resignation serves to highlight the future for New York racing if Andrew Cuomo is still calling the shots.  As BloodHorse.com reported:

“‘I really have Saratoga as my main goal.  My loyalty is to Saratoga, not the Governor….

I just didn’t feel like I could do my job if he wasn’t listening.  It turned out to be a nightmarish game of whack-a-mole,’ Hendrickson said of his time serving as the NYRA board special adviser.”

I don’t have any faith in the government-appointed NYRA Board members to step up and take a similar leadership role.  We can hope, however, that independent groups and the media will start to appreciate the latest scam by Cuomo to retain full control of New York racing.

Andrew Cuomo’s scam to keep control of racing

Posted by noonante on May 26, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: Andrew Cuomo, Concerned Citizens of Saratoga, NYRA, NYRA Reorganization Board, reprivatization. 5 Comments

Just about four years to the day that news broke of Governor Andrew Cuomo’s seizing control of New York’s premier racing, word comes of his latest attempt to stay in charge.  According to a report in the Albany Times Union, the Concerned Citizens for Saratoga are reporting that Cuomo is circulating a plan to make permanent state government control of the tracks of the New York Racing Association.

In May, 2012, Cuomo reached an “agreement” with the privately-controlled NYRA following a campaign of threats, intimidation and false charges against NYRA board members and officers.  It called for the majority of a NYRA “Reorganization Board” to be appointed by state officials, including eight by Cuomo who would also name the Board Chair.  Only five of the 17-member Board would be private appointees.  The law required the new Board to submit a plan for NYRA to be “returned to private control, remaining in the form of a not-for-profit corporation” in 2015.  It was the only requirement of the Board, but NYRA did not do it, and the law was extended for another year.

We now have Cuomo’s idea of “private control” according to the Concerned Citizens of Saratoga, a group affiliated with the Chamber of Commerce:

  • The Governor appoints five members of the 15-member Board;
  • Each of the legislative leaders appoints one;
  • Seven “private” members;
  • While not in the CCS statement, I have been told that the Cuomo plan calls for the 15th member and the Board Chair to be appointed by NYRA’s CEO;
  • The State’s Gaming Commission would be able to “manipulate NYRA’s budget and operations”;
  • Funds from the Video Lottery Terminals at Aqueduct would be “transferred” from NYRA.

So whatever else this is  –  other than yet another naked power grab by the Governor  –  it does not return control of the Saratoga, Belmont and Aqueduct race tracks to private control.  Seven of 15 members would be government-appointees, and an eighth  –  the Chair  –  would be appointed by someone hired by the current government appointees.  It’s beyond ludicrous to suggest that this is a return to private control.

The State Gaming Commission, while a reliable issuer of regulations and adjudicator of disciplinary matters, is not what one would call independent.  Of its seven members, five are to be appointed by the Governor.  And as uninformed as you may think the NYRA Reorganization Board is, the Gaming Commission has not demonstrated any familiarity with the day-to-day aspects of running race tracks.

Additionally, the proposal takes VLT money that supports racing and directs it to the state’s coffers.  As the statement from CCS points out, “New York State was given $1 billion in real estate at NYRA’s three tracks in return for the granting of a 25-year franchise agreement and a legislatively-approved revenue sharing formula from the VLT [sic] at Aqueduct.”

Should this occur, it would complete the trifecta of government actions this year that are harmful to the state’s racing and breeding operations.  The Gaming Commission awarded a casino license for a facility that will be only 29 miles from the Finger Lakes Racetrack.  There is a harness race track,  123 miles away, that will be getting “hold harmless” protection from the likely effect of “cannibalizing” gambling revenues from competing facilities.  Yet, the thoroughbred track, an integral part of New York’s breeding industry, gets no such protection and is facing dire consequences as a result.

Then we have the placement of an additional 1,000 VLT’s at Aqueduct for the benefit of an off-track betting facility on Long Island that will be competing with the other VLT’s that contribute a share of the wagers to support NYRA racing.  Now, admittedly I do not understand why an entity not running the costly enterprise of a racetrack, but only needs a building, computers and a bunch of patronage employees to take wagers on those tracks needs subsidies, but that appears to be unfortunate state of things in New York.

It’s no secret that the Governor does not like racing.  That’s fine, no one has to.  It doesn’t mean, however, he should be working to destroy it.  He is being aided in that effort, unwittingly I believe, by those who do not bring him to task for the obvious nonsense spouted over the years by the NYRA Board he controls.

The first bit of nonsense is that the “new” NYRA has brought the organization to a profitable status without consideration of the VLT revenues.  This “accomplishment” is the result of changing the concept of operational costs to exclude tax obligations and pension costs.  The VLT revenues go to meet those responsibilities and take enough off the books for NYRA to make its claim of profitability.

Then there is the NYRA Board’s plan to return the operation to private control.  At its April 12 meeting, they presented three options.  One was to retain the status quo, which even the Governor would not contend is privately-controlled.  One had no government appointees, the other had a total of four.  The so-called private appointees in each plan, however, were to be nominated by Cuomo’s appointees on one committee of the current Board and approved by another committee composed mostly of Cuomo loyalists.  These plans are described in more detail at this post.

Yet in the media, both mainstream and racing, the description of NYRA’s proposals were described uncritically as a return to private control.  The Concerned Citizens of Saratoga endorsed NYRA’s efforts because of this belief.  Having approved a plan in which all of the so-called “private” board members would be appointed by the Governor’s people, they face the rather delicate situation of describing the difference between that and a Cuomo proposal that would have him actually appoint three more people in addition to having his loyalists appoint the remainder.

The Senate Chair of the Racing Committee has also drafted legislation, but the most significant departure of that bill from Cuomo’s approach is that the New York Thoroughbred Horsemen’s Association and the New York Thoroughbred Breeders would each have a voting membership.  It is an improvement, but merely an incremental step in a bill as flawed as proposals from the Governor’s office.

If there is one thing that Andrew Cuomo is good at  –  I would even call him a genius  –  it’s manipulating the Legislature and, often, the media to get what he wants.  The NYRA reprivatization proposals, as bare bones as they were, had to first be approved by Cuomo.  So, once he gets approbation from the media and groups such as Concerned Citizens, he can now tinker with the plans to get what he really wants.  In this case, I think what he really wants are the VLT revenues.  He is hoping that gets lost in the fight over whether he has five actual appointees or two, when the reality is that he has almost all of them.  And the uncritical reporting of NYRA now operating at a profit further enhances his ability to grab VLT revenues needed by the tracks for his own purposes.

There is no one who will be covered in glory in this matter.  We have known for four years that there had to be a plan for reprivatization.  The Legislature did nothing.  The NYRA Board has been a useless appendage of the Governor’s office since its inception.  The media has been too accepting and the racing organizations have not put forward their own plans.

There are three components that a new NYRA board must have:  integrity, competence and independence.  The current NYRA Board has amply demonstrated that it lacks the last two attributes.  Any legislation that allows them to appoint the “private” members going forward means that we are destined to a continuing lack of competence and control by the Governor.

It doesn’t have to be that way.  There are ample examples of private groups screening appointees for public positions.  In some states, that is how judges are selected.  Cuomo himself demonstrated the utility of that approach when he named an independent panel of experts to examine the increase in fatalities at Aqueduct in early 2012.  The result of their work was a widely-acclaimed Report that has led to an impressive reduction in catastrophic racing fatalities in New York and that is a national model.  Indeed, I would argue that this Report is the most significant contribution the Cuomo Administration has made to horse racing.

There is no shortage of committed and knowledgeable people in racing who could come up with a list of qualified (and diverse) individuals who would similarly constitute a national model for how racing can be run.

The Governor’s plan and the proposal from the Senate merely perpetuates the current framewqrk, except now it would be on a permanent basis.  Indeed, of the proposals currently in play, the next NYRA Board could consist solely of members from the current Board except that CEO Chris Kay would become a member.  New York has an opportunity that is too valuable to waste.  It would actually be better if the current system were continued for another year rather than throwing that opportunity away.

Preakness Analysis

Posted by noonante on May 20, 2016
Posted in: Uncategorized. Leave a comment

The Preakness 2016 Blue Ribbon Analysis is posted on the Horse Racing page.

The makings of a Democratic disaster

Posted by noonante on May 12, 2016
Posted in: Political/Social commentary, Politics. Tagged: 2016 election, Donald Trump, Hillary Clinton. Leave a comment

Great news on the polling front from Quinnipiac.  Donald Trump and Hillary Clinton are basically tied in crucial swing-states of Pennsylvania and Florida and Trump leads in Ohio.  National polling is essentially useless since we do not have a national election, but rather one based on electoral college votes.

There is a certain smugness on the part of Clinton supporters since the “most qualified candidate in history” could not possibly lose to an ignorant and bigoted clown.  That clown vanquished a “deep and talented bench” of Republican candidates, setting aside for the moment that that assessment is as valid as Clinton being the most qualified in our history.  (You don’t have to go back to Washington, Jefferson and Adams for comparison purposes, just go back to George H.W. Bush.)  For anyone who saw Bill Maher a couple of weeks ago, Rob Reiner was the embodiment of liberal smugness.

Clinton is a seriously flawed campaigner.  A theme we will see regularly over the next six months is that she appears to have a seven-second delay before answering a question.  She is evasive and defensive even when she apparently does not need to be.  She parses her answers in a way that is reminiscent of another Clinton.  And while she has said ludicrously she cannot be a member of the Establishment because she is a woman, there is no one in either party who more typifies the Establishment.

Each of these flaws is in display when she is asked about releasing the transcripts of the three speeches she gave to Goldman Sachs for $225K a pop.  Her too-cute response was that she would do it when all the candidates do.  So if Donald Trump says he never gave such a speech  – or, even better, did so and releases the transcript  –  what does Clinton then do?  Her evasiveness on this issue effectively removes from the table Trump’s refusal to release his tax returns.

Update:  I missed this from yesterday’s Times: “’So you’ve got to ask yourself, why doesn’t he want to release them?’ Mrs. Clinton said with a slightly dark edge to her voice.”  It’s going to be a long, long six months, and not just because the “paper of record” is using phrases like “a slightly dark edge to her voice.”

Alex Pareene writing in Gawker observed that the Clinton campaign’s branding of Trump as “Dangerous Donald” only reinforces Trump’s basic message and is counterproductive.  A significant chunk of the electorate wants someone who is dangerous to the established political elite and “wisdom”of Washington.  “Don the Con” would be a more effective moniker.

Let’s not forget that the most disastrous President in United States history was reelected because he faced that year’s “electable” candidate John Kerry.

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