Posts Tagged ‘G. Watts Humphrey’

BREEDERS’ CUP ELECTION RESULTS: ‘NO’ TO STATUS QUO

Thursday, July 9th, 2009

By Ray Paulick

(UPDATED: 6:30 p.m.)

Three of the four incumbent Directors of the 13-member Breeders’ Cup board did not receive enough support from their fellow Members and Trustees to retain their positions in an election that culminated with an annual meeting today at Keeneland in Lexington, Ky.

Re-elected to a two-year term on the board of Directors was Robert Manfuso of Maryland’s Chanceland Farm and a former investor in the Maryland Jockey Club racetracks. Newly elected to the board were five individuals: Tom Ludt of Vinery; Clem Murphy of Coolmore/Ashford; Richard Santulli of Jayeff “B” Stables; Oliver Tait of Darley; and Duncan Taylor of Taylor Made Farms and Sales Agency. Incumbents Reynolds Bell Jr., G. Watts Humphrey, and Don Robinson failed in their bids for re-election. The other candidate not receiving enough votes was John Sikura of Hill ‘n’ Dale Farms, a board candidate for the second consecutive year.

In last month’s election of Breeders’ Cup Members and Trustees, two individuals on the board of Directors, Donald Dizney and Tracy Farmer, failed to be re-elected and were thus ineligible to run for re-election on the smaller board of Directors. Thus, five of six incumbents on the board of Directors failed to be re-elected.

The 48 Members and Trustees, past presidents and current officers of the Breeders’ Cup  had the option of voting online from July 1-8 or in person at today’s meeting, during which a presentation was made by William Field of the international consulting firm, Value Partners, on behalf of the Strategic Planning Committee that has been drafting a 10-year plan for the organization. 

Vote totals were not provided for the board of Directors election, despite assurances to the Paulick Report in May by Breeders’ Cup president Greg Avioli that results to both the Members and Trustees and board of Directors elections would include the number of votes every candidate received. Following the Members and Trustees election in June, Breeders’ Cup only released the number of votes received by the winning candidates, not by those who failed to be elected. Avioli declined to comment when asked about today’s board of Directors election results.

Following the meeting of the Members and Trustees, the newly-named board of Directors met and re-elected Bill Farish to a one-year term as chairman of the board. Manfuso was elected vice chairman, replacing R.D. Hubbard in that position. Hubbard is one of the seven other board members, along with Helen Alexander, Antony Beck, Farish, Terry Finley, Roy Jackson, and Satish Sanan  (their terms expire in 2010).

The other officers re-elected to one-year terms were Avioli, president, and Matthew Lutz, treasurer. Robert Watt, an attorney who has represented the Breeders’ Cup in the past, was elected to the post of secretary, replacing James A. Philpott Jr., who resigned after serving in that post since 1983. 

The board unanimously approved the following Committee Chair appointments:
Audit and Finance Committee – Oliver Tait; Investment Committee – Richard Santulli; Compensation Committee – Satish Sanan; Host Site Committee – R.D. Hubbard; Racing and Nominations Committee – Clem Murphy; Marketing - Roy Jackson 
The Breeders’ Cup will host a teleconference for its nominators and the media with Value Partners at 2 p.m. (EDT) Friday, July 10, to review the recommendations of the strategic plan in greater detail.

“Our five new Directors comprise an outstanding group of individuals with knowledge and expertise that will be vital to the Breeders’ Cup in the opportunities before us.” chairman Farish said in a statement. “We also express our sincere thanks to Reynolds Bell, Watts Humphrey and Don Robinson for their excellent and distinguished service to the board.”

Humphrey, a partner of Farish’s father, Will Farish, in numerous ventures at the Farishes’ Lane’s End Farm, has been a Breeders’ Cup board member for many years and was a member of the Executive Committee that essentially ran the organization prior to its decision to allow nominators (beginning to 2006) to elect a board of Members and Trustees, who in turn vote for the board of Directors. Bell, a bloodstock agent with close ties to Lane’s End, had been rumored to be Bill Farish’s preferred candidate to replace him as chairman if Farish serves the maximum of five years in that position. He was re-elected today to his fourth year as chairman.

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BREEDERS’ CUP POST-ELECTION ANALYSIS

Thursday, June 18th, 2009
By Ray Paulick
For those of you wondering whether I’d gone into the witness protection program following the announcement of election results for the Breeders’ Cup board of members and trustees (where 10 of those elected were recommended here in an earlier analysis), fear not. As one of my mentors in this business often reminds me, family should be a person’s top priority, and I’ve spent the last couple of days carrying out his advice.

Several things stood out when the results were announced on Tuesday. First, I believe they represent a victory for continuing the trend toward transparency and openness for the organization. There should be no turning back to the days of secrecy with how the industry’s money is being spent at the Breeders’ Cup. Minutes to board meetings should be posted on the Breeders’ Cup web site, information about committees and subcommittees needs to be published, and decisions should no longer be made in a vacuum. I believe the board of directors, which has taken steps in the right direction over the last couple of years, has been put on notice in that regard during this year’s vote by nominators.

Second, I believe the results showed dissatisfaction with the status quo. Two members of the smaller operating board of directors, Don Dizney of Florida and Tracy Farmer, were not re-elected to the larger board of members and trustees. It’s that larger board that decides who to elect for the smaller operating board, and to be a candidate you have to be on the board of members and trustees. Dizney and Farmer will be replaced on the smaller board after having been defeated in the election.

Third, the results show the strength of stallion farms and coalitions, something I wrote about last year. I don’t think any one stallion operation has the votes to elect an individual to the board of members and trustees, but several farms working together can do so. And there was coalition building going on prior to and during this election process.

Finally, and perhaps most significantly, the leading vote getter among Breeders’ Cup nominees, Richard Santulli, is the same man rejected by a majority of members and trustees voting for the smaller board of directors last year. I wrote then that the members and trustees made a huge mistake in not electing Santulli to the board. He is a man with great energy, enthusiasm for this industry and great business experience that could be put to extraordinarily good use by the Breeders’ Cup. He is chairman of NetJets and often is mentioned as a potential heir apparent to Berkshire Hathaway’s Warren Buffet. Perhaps the “old guard” on the board of members and trustees voted against Santulli because NetJets dropped its Breeders’ Cup sponsorship, or maybe because he is closely associated with Thoroughbred Daily News Publisher Barry Weisbord, who can be a prickly critic of the status quo. It’s also widely believed that Santulli felt the Breeders’ Cup should have sought executive experience from outside of horse racing when current Breeders’ Cup president and CEO Greg Avioli was given the job in 2007. Putting him on the smaller board could add some discomfort to management.

Whatever the reason, the nominators in this election voiced strong disapproval of the vote to keep Santulli off the operating board. Let’s hope he still has the interest in giving his time, energies and insights to the industry and will submit his name for nomination later this month.

There are six open spots on the board of directors, and if dissatisfaction with the status quo and the old guard carries over into that election, we could have a significant change in philosophy on the operating board. As mentioned, the board positions currently held by Tracy Farmer and Donald Dizney are open because they failed to be re-elected to the board of members and trustees. The other four candidates that are up for re-election are Reynolds Bell, Don Robinson (appointed to fill out the remainder of the term held by B. Wayne Hughes, following the decision by Hughes to resign from the board earlier this year), G. Watts Humphrey and Bob Manfuso.

Bell and Humphrey are closely associated with Lane’s End Farm, owned by William S. Farish, the father of current Breeders’ Cup board chairman Bill Farish. For years, Humphrey and the senior Farish were the guiding force of the Breeders’ Cup executive committee, back when the organization practiced limited transparency and operated under the auspices of a self-perpetuating board.

While the old guard from the Jockey Club (Farish is a Jockey Club member, his father-in-law is chairman Ogden Mills (Dinny) Phipps and his father is vice chairman, Humphrey is a longtime member and former steward, and Bell is a member and current steward of the club) did maintain control in the last board election, their grip on power has been weakened. I expect the slate of candidates from opponents of the status quo/old guard to make a concerted effort to defeat Humphrey and Bell in the upcoming election. Sources say Bell, who does extensive bloodstock work for Lane’s End, has been hand-picked by the Farishes to replace Bill Farish as Breeders’ Cup chairman if Farish serves five years, the limit for a chairman under the organization’s current bylaws. He has served three years in that role.

There will be much more here in the coming weeks on the Breeders’ Cup board election, which takes place during a meeting of the newly elected members and trustees on July 9. Candidates seeking a position on the board have until June 30 to state their intention to run.

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BREEDERS’ CUP AND THE IMPORTANCE OF PARANOIA

Wednesday, May 6th, 2009
By Ray Paulick
“I’m often credited with the motto, ‘Only the paranoid survive.’ I have no idea when I first said this, but the fact remains that, when it comes to business, I believe in the value of paranoia.” – Andrew Groves, founder and former chairman, Intel Corporation.

“Just because I’m paranoid doesn’t mean they aren’t out to get me.” Anonymous.

There appears to be a mixture of both paranoia and rational thinking when it comes to how governance over the Breeders’ Cup has evolved in the last decade among the different camps that have fought behind the scenes to control this critically important industry organization.

For most of its 25-plus years, the Breeders’ Cup was run by a small executive committee headed by Jockey Club vice chairman and Lane’s End Farm owner William S. Farish, and later by G. Watts Humphrey, a Jockey Club steward and a partner in many of Farish’s equine interests. Board meetings were perfunctory events where self-perpetuating members of the Breeders’ Cup board did little more than rubber-stamp decisions made by the executive committee. Breeders’ Cup management carried out those directives.

Some breeders grew increasingly frustrated over this “private club” style of leadership and made demands for change: specifically, a more democratically elected Breeders’ Cup board of directors and one that isn’t controlled by a small executive committee. Significant change came in 2005 with amended corporate bylaws and articles of incorporation that allowed breeders who nominate foals and stallions to the program to vote for a board of 39 members and trustees. Those members and trustees would then elect a smaller operating board of directors to guide the organization.

At first blush, it looked as though the individuals who had controlled the Breeders’ Cup (namely Farish and Humphrey) were acceding to a democratic system (or at least one based on one vote per $500 in Breeders’ Cup nominations). But a closer look suggests they may have found ways to tip the scales of the election in their favor. In fact, a Farish has been able to maintain control of the Breeders’ Cup under the new election process, but it’s William Farish’s son, Bill, who has held the title of chairman of the board since the new system was adopted and the first reconfigured board of directors elected in 2006. 

The "election" of Bill Farish as chairman was a fait accompli even before the new board had its first meeting. "We have decided to elect Bill…" several newly elected directors were told on the eve of that first meeting, at which there was little discussion about a chairman. Farish has two years left to be chairman (term limits prohibit anyone serving more than five consecutive years as Breeders’ Cup chairman or vice chairman), and ground work is said to already be under way for Reynolds Bell, who does bloodstock work for Lane’s End, to replace Farish as chairman.

Back to the election of members and trustees. There is a section of the bylaws that permits the standing board of members and trustees to veto anyone voted onto the board by stallion and foal nominators. That authorization hasn’t been used since it was incorporated into the bylaws, but why is it even there? Is it possible this may be used in the event the people in control of the Breeders’ Cup become paranoid and worry that their grasp on power is in jeopardy?

Another example: Why would the current bylaws allow corporate officers (including paid employees) to participate in the election for the board of directors? Whether you are paranoid or thinking rationally, you’d have to assume that the paid officers, if they wanted to keep their jobs, would vote to maintain the status quo. The same goes for the section in the bylaws that allows past presidents to vote in the board of directors election. Currently, James E. Bassett III and D.G. Van Clief Jr. are permitted to vote for the board of directors at the annual meeting of members and trustees. Whenever the tenure of current president and CEO Greg Avioli ends, he will also have the right to vote for members of the board of directors.

Would it be paranoid to suggest that these three officers and two past presidents would be considered “safe” votes for the incumbents, as, represented by Farish and son?

For this year’s election of the board, to be held in July, the three corporate officers have agreed to abstain from voting. That’s a good move to alleviate concerns over conflict of interest, but the clause permitting their vote should be stricken from the bylaws. Past presidents Bassett and Van Clief should also agree not to vote in the election, and there is no reason to include past presidents in this decision making process.

Then there is the matter of the Founding Members, those individuals who put up $10,000 apiece as seed money when the Breeders’ Cup was established. The current founding members are Brownell Combs II (formerly of Spendthrift Farm), William S. Farish (Lane’s End), Jim Friess (appointed by Claiborne Farm’s Seth Hancock, the actual founding member), Brereton C. Jones (Airdrie Stud), John T. L. Jones Jr. (director emeritus of Walmac Farm)and John Nerud. It may have seemed like a good idea at the time to give certain lifetime rights to these individuals, but at least two of these founding members are no longer active in the business and it makes no sense for them to be able to vote annually on the election of board members. This is especially true when you consider the individuals (Sheikh Mohammed, John Magnier, Robert Clay, Tom Simon, Duncan Taylor, among others) who have put up huge sums in nominations and have to stand for election in order to have a vote for the board of directors.

So what we have is a sort-of democracy. One that allows nominators to vote for members and trustees (whose sole authority is to elect a board of directors), but which also says the existing members and trustees can exclude whoever has been elected by those nominators. It’s a democracy that gives current and past paid employees just as big of a say in shaping the board of directors as people who have put millions of dollars into the program and have to stand for election.

To the credit of the Breeders’ Cup, there has been progress (click here to read the Paulick Report article on this year’s election), though it would not have been made without criticism, paranoid or otherwise, of how the current election system is shaped. The old guard that’s run the Breeders’ Cup has come a long way, but there’s more to be done.

Copyright © 2009, The Paulick Report

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A NEW SUNRISE ON CUP TRANSPARENCY?

Tuesday, May 5th, 2009
By Ray Paulick
The Breeders’ Cup has begun to let the sun shine on the annual election process that determines who ultimately sits on the organization’s board of directors. For the first time this year, the Breeders’ Cup has decided to publish a roster of eligible voters and their available number of votes; complete results of its elections, with vote counts for winners and losers; it is requiring candidates for the board of directors be declared prior to the annual meeting, with no nominations to be accepted from the floor; has established on-line voting for both the members and trustees election and for the board of directors; and its officers have agreed to abstain from voting in the board of directors election.

The process began on Monday, May 4, when stallion and foal nominators could begin nominating candidates to run for 13 openings on the 48-person Breeders’ Cup board of members and trustees. By now, nominators should have received a letter from the Breeders’ Cup with a customer login and passcode to access a secure voting website that will be open for one week until May 11. Individuals must receive a minimum of 50 votes to be nominated (one vote is assigned for each foal nominated to the Breeders’ Cup and one vote for each $500 in stud fees for nominated stallions). There are 39 elected positions on the board of members and trustees, each with three-year terms, and 13 positions are up for election every year. The other individuals on the board of members and trustees are founding members of the Breeders’ Cup, past presidents and corporate officers.

When nominators go to the voting site, they should have access to a complete list of nominators and the total votes each nominator is eligible to cast. The disclosure of the nominators and number of votes is new to this year’s election.

The next step (from May 12-15), following the closing of nominations, is tabulation of the list of nominees. Individuals that received the required 50 votes are sent a consent form and will be requested to provide a short biography and suitable photo.

On May 18, True Ballot, a company that specializes in elections for labor unions, professional organizations, etc., mails nominators a letter with customer login and password information for secure online election voting. Nominators may request a paper ballot if they prefer.

Voting for the members and trustees election is open from June 1-15 among all nominators to the Breeders’ Cup program.

Following are the 13 members and trustees whose terms are expiring this year: John Amerman, Boyd Browning, Alice Chandler, Donald Dizney, Tracy Farmer, Tom Ludt, Clem Murphy, B. Wayne Hughes, Ogden Mills Phipps, Dan Pride, Richard Santulli, John Sikura, and Frank Stronach. These members and trustees whose terms are expiring are automatically re-nominated unless they opt out of the election.

On June 22, True Ballot will report the results of the members and trustees election and Breeders’ Cup will publish the results. Those results won’t be made official, however, until the annual meeting of members and trustees is held on July 9, and the candidates with the most votes are put up for election by the existing members and trustees. Prior to the vote at the annual meeting, according to section 4.2 of the Breeders’ Cup bylaws, nominations from the floor can also be made by members and trustees.

All members and trustees wishing to be candidates for two-year terms on the smaller board of directors have until 5 p.m. on June 30 to submit their names to Jim Philpott, the Breeders’ Cup corporate secretary. While the election for those open board positions (there are six this year) is conducted during the July 9 annual meeting of members and trustees, individuals unable to attend may vote through the election web site or via proxy, provided the member holding the proxy reveal the identity of each proxy he or she has received at the annual meeting. Each member is entitled to vote for up to six candidates.

The six board members whose two-year terms expire in July are: Reynolds Bell, Don Dizney, Tracy Farmer, Don Robinson (who is serving the remainder of the term of B. Wayne Hughes, who resigned from the board in January), G. Watts Humphrey, and Robert Manfuso. There are 13 elected board members, plus Breeders’ Cup president/CEO Greg Avioli.

Breeders’ Cup will publish the results of the board election, including votes, at the conclusion of the July 9 meeting.

Officers are elected at a subsequent meeting of the newly elected board of directors. According to Breeders’ Cup bylaws, no individual may serve more than five consecutive years as chairman or vice chairman of the board. Bill Farish of Lane’s End Farm is in his third year as chairman.

In a memo to the Breeders’ Cup members and trustees, Farish outlined the changes to this year’s election (publication of vote totals by nominator, full election results, on-line voting for both elections, proxy procedures, and officers electing to abstain in board of director election). “These changes to the election procedures are intended to provide full transparency to all nominators and ensure confidence in the election process,” Farish said in the memo.

The changes were requested by members and trustees who felt previous elections lacked sufficient transparency.

Additional changes have been requested, including amendments to the bylaws that would eliminate voting in the election for the board of directors by current officers (they have voluntarily abstained from the upcoming election); voting in the board of election by past presidents (James E. Bassett III and D.G. Van Clief Jr.); and voting in the board of election by founding members of the Breeders’ Cup, some of whom are no longer active in the Thoroughbred industry.

I’ll have my own thoughts on the Breeders’ Cup election process in a follow-up commentary tomorrow.

Copyright © 2009, The Paulick Report

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BC MEMO OUTLINES INVESTMENT HISTORY

Thursday, December 18th, 2008
By Ray Paulick

Breeders’ Cup chief financial officer Matthew Lutz has responded to recent questions about the organization’s investment fund in a memo distributed to the Breeders’ Cup board of members and trustees and posted on the Breeders’ Cup Web site, www.breederscup.com.

The questions arose after last week’s board of directors vote to suspend the $6-million stakes supplement program because of a projected $10-million budget shortfall in 2009. That decision was reversed this week after Breeders’ Cup president and CEO Greg Avioli and individual board members heard from numerous stallion and foal nominators protesting the suspension of the stakes supplements.

In reporting on the original decision to suspend the program and in a follow-up article after the reversal, the Paulick Report revealed that the Breeders’ Cup had lost approximately $11 million from its cash reserve fund in 2008. Lutz’s memo does not address the 2008 losses, but does indicate that the investment fund has outperformed the S&P 500 for the first 11 months of 2008. It also said the Investment Committee, headed by G. Watts Humphrey Jr., moved a portion of the fund into fixed income securities at the beginning of the third quarter in 2007 to reduce exposure to market declines.

Below is the Breeders’ Cup memo, in its entirety:
 

TO: Breeders’ Cup Board of Members and Trustees

FROM: Matthew Lutz
DATE: December 18, 2008
RE: Investment Performance
 
There has been much discussion within the industry in the past week regarding the performance of Breeders’ Cup’s invested assets. The purpose of this memo is to respond to a number of the questions raised by individual Trustees on these matters. The following points below provide details on investment performance both historically and more recently.
 
- Since May 1989 Breeders’ Cup’s investments have yielded an average annual return of over 7 percent and generated more than $26 million in investment gains.
 
- For the 10-year period ending November 30, 2008, Breeders’ Cup’s portfolio has yielded a return that exceeded the S&P 500’s performance by more than 3 percentage points.
 
- On a more recent note, the portfolio outperformed the S&P 500 by more than 11 percentage points on a year-to-date basis though November 30, 2008.
 
- A contributor to the outperformance of the major indices this year was the decision by the Investment Committee to overweight fixed income securities beginning in the 3rd quarter of 2007 thereby reducing the portfolio’s exposure to the market’s declines in equity values in 2008.
 
- The current balance in reserves is $30.3MM. The Investment Committee is currently maintaining an allocation with 55% of reserves invested in high quality bonds and cash. The bond portfolio is managed by Neuberger Berman. The 45% of reserves currently invested in equities are managed by well respected firms including Blackrock, T. Rowe Price and Chase Investment Counsel.
 
The portfolio continues to be managed by the Investment Committee consisting of the following Board members: G. Watts Humphrey (Committee Chairman), Bill Farish, Don Dizney, Antony Beck and Satish Sanan who was recently appointed. Two former Trustees, Dinny Phipps (former Chairman of Bessemer Trust) and Jerry Shields (Managing Director and Chairman of Shields & Company), remain on the Committee by invitation of the Committee Chairman given their significant investment expertise. The Committee met on eight occasions in 2008 and will continue to meet regularly in 2009 to review performance and make adjustments to the allocation based on circumstances in the markets.
 
I hope this information is helpful. Please call me at 859-422-2650 if you have any additional questions.
 
Regards
Matthew Lutz

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BREEDERS’ CUP STOCK MARKET LOSSES EXCEED BUDGET DEFICIT

Wednesday, December 17th, 2008

By Ray Paulick

While the Breeders’ Cup board of directors acted swiftly to reverse last week’s suspension of the $6-million stakes supplement program for 2009, somewhat overlooked in the swirl of controversy was the organization’s loss of $11 million in the stock market this year. Breeders’ Cup president and CEO Greg Avioli said the losses were not as severe as those suffered by endowments and funds related to other industries (i.e., the Harvard and Yale endowments have lost billions), but some Thoroughbred breeders are questioning why so much of the money from foal and stallion nominations and other revenue was tied up in a volatile equities market in the first place.

The losses, first reported by the Paulick Report on Monday, have dropped Breeders’ Cup cash reserves from $40 million to less than $30 million. The board of directors originally had voted unanimously not to use those cash reserves to plug any of the projected $10-million revenue hole in the 2009 budget, a move that led to the brief suspension of the stakes supplements as well as deep cuts in the marketing and television budget. 

Avioli said the market losses, which exceeded the size of the budgeted deficit for 2009, were unrelated to the board’s original decision.However, an examination of the Breeders’ Cup 2007 annual report shows $2.7 million of unrealized and realized gains on investments were reported as revenue. Total revenue for the year was $56.5 million against expenses of $56.3 million. Without that $2.7 million capital gains reported as income, it appears the Breeders’ Cup would have had an operating deficit of $2.5 million in 2007. It’s unclear to me what becomes of the reported income, now that potential “paper gains” in the equities market have been wiped out in the tumultuous economic climate of 2008. It will also be interesting to examine the 2008 financials to see whether unrealized or realized gains in stock holdings exist or are reported as revenue.

The 2009 operating budget before last week’s cuts were announced was projected to be down $10 million, from $50 million to $40 million. Critics have complained the company should have first undergone more corporate belt tightening (which it has been doing since 2006, when Avioli replaced D.G. Van Clief Jr. as CEO) before cutting out the stakes supplements and marketing expenses. 

The supplements have been part of the Breeders’ Cup program since its inaugural year in 1984, when $10 million was put into championship purses and $10 million into other stakes. That was done to give the Breeders’ Cup broad appeal to potential nominators across the country, and the supplemental money was dispersed at both large and small racetracks. 

In his statement about the decision to use cash reserves to reinstate some portion of the stakes supplements in 2009, Breeders’ Cup board chairman said the board is “not in a position to commit to the stakes program beyond 2009.” The Breeders’ Cup board and executive team have discussed elimination of the stakes supplements in recent years, citing research that shows the money has not been a great incentive for breeders to nominate their foals. 

Farish also said in his statement that “the Board still believes, as I do personally, that it’s critical to maintain sufficient reserves to allow for the long-term viability of the Breeders’ Cup.”   Avioli said the cash reserves are viewed by the board as a catastrophic fund in the event the Breeders’ Cup is canceled because of unforeseen circumstances (equine disease outbreak, fire, earthquake or other disaster) or a multi-year financial crisis. Business interruption insurance would cover a great deal of any potential losses if the event had to be cancelled – in which case the current $25.5 million in championship purses would not have to be distributed. 

The odds against holding the event, which can be moved from one venue to another in the event of a crisis, would appear to be slim. The Kentucky Derby has been run continuously since 1875 despite two World Wars and the great flood of 1937 that covered much of Churchill Downs.

IRS Form 990 for the Breeders’ Cup shows $28.3 million in stocks and bonds holdings in 2006 with another $7.8 million in U.S. treasuries and $2.5 million in Breeders’ Cup properties (the 2007 Form 990 is not yet available). Earlier this year, the Paulick Report has been told, members of the Breeders’ Cup board and its Investment Committee were urged by at least two individuals on the larger board of members and trustees not to keep such a high percentage of the organization’s reserves in the equities market. The Investment Committee, chaired by G. Watts Humphrey Jr. (its other members are Farish, Antony Beck, Donald Dizney, Ogden Mills “Dinny” Phipps, Joseph Shields, and Satish Sanan, who recently was appointed), opted to keep a substantial part of the assets in stocks. By year’s end, the assets have fallen sharply. 

A number of breeders told the Paulick Report the money should never have been invested in the market because they view the Breeders’ Cup as a pass-through organization. “It’s our money,” one breeder said. “I didn’t pay $500 to nominate my foal so the Breeders’ Cup could buy stock in Coca-Cola. An emergency fund should be kept, but the rest of the money should go into purses.” 

Cash reserves were an important part of the program 25 years ago, one founding member of the Breeders’ Cup said, because putting together and keeping a coalition of stallion farms was not an easy task, and there was the threat that if one or two major farms pulled out it could cause the whole concept to collapse. Keeping enough reserves to fund the program for a full year was considered a strategic defense against any boycott. 

The coalition has held together, however, despite some bumps in the road along the way. The Breeders’ Cup has expanded from the $10 million championship day of seven races to a two-day event worth $25.5 million. The stakes supplement program has been reduced several times over the years from its original $10-million budget, and it now appears to be in jeopardy beyond 2009. 

Farish said in his statement the board is looking at other ways to provide benefits to nominators of the program, though gave no further specifics. One benefit would be to continue to do what the board has done in the last five days: listen to those who support the program through their stallion and foal nominations. Beyond that, the board should provide greater transparency and disclosure about financial matters, committee appointments and board activities. The production of a 2007 annual report, something that had not been done in the early years of the Breeders’ Cup, was a good first step. 

The Breeders’ Cup is designed to promote Thoroughbred racing and enhance public awareness of the entire industry. But it should always be remembered that the foundation and single biggest stakeholders remain the breeders who have financially supported the program since it was nothing more than a vision in the creative mind of the late John Gaines.   

Copyright © 2008, The Paulick Report  

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BREEDERS AND CUP CLASH OVER STAKES PROGRAM

Monday, December 15th, 2008

By Ray Paulick

Last week’s decision by the Breeders’ Cup board of directors to suspend the program that put $6 million in purse enhancements into stakes races around the country in 2008 has brought an angry outcry from breeders who nominate their foals and stallions to the Breeders’ Cup in part because of the incentive created by that money. Some are saying they feel betrayed by the board and want a refund on their nominations because the decision was announced after the foal nominations deadline. Others are suggesting the move will cause some breeders to stop nominating stallions and foals in the future. 

A press release issued late Friday said the stakes program has been suspended for 2009 and other cost-cutting measures have been adopted due to “anticipated losses in nominations revenue because of recent trends in the bloodstock market and decreased revenue related to the worldwide economic downturn.” 

Breeders’ Cup president and CEO Greg Avioli told the Paulick Report on Sunday that a $10-million decline in revenues is anticipated: $4 million less in stallion and foal nominations compared with 2008; $3 million less in sponsorship money; and $3 million less in revenue from the two-day world championships, which are scheduled to return to Santa Anita Park in Southern California Nov. 6-7. 

Purses for the world championships will remain at their 2008 level of $25.5 million. The board’s vote on the various budget actions at its Dec. 11 meeting was unanimous, Avioli said. 

The Breeders’ Cup press release failed to disclose that the non-profit organization has lost approximately $11 million in the stock market this year and that its cash reserves have declined by more than 25%, from $40 million at the beginning of 2008 to less than $30 million today. 

Even with those losses, some breeders believe the cash reserves, which many of them view as an “emergency fund” created from their nominations money, should have been used to make up the projected 2009 budget shortfall as an alternative to elimination of the $6 million from the stakes program. Avioli said the board did not want to budget a deficit for 2009 and would not dip into cash reserves to pay operating costs. 

“The projections are for us to go from $50 million to $40 million in revenues,” he said. “That’s what the board was faced with, and it was a simple choice for 2009, once they determined we would not operate at a deficit: reduce championship purses or suspend the stakes program.” 

To help meet the budget reductions, Avioli said, marketing costs for the “Win and You’re In” Breeders’ Cup Challenge Series have been cut from $6 million to $2 million. “That means no national media this year,” he said, “no inserts in major publications. We eliminated all the mid-year ABC telecasts and we are down to two shows on ESPN in the fall, four and five weeks out from the championships. That saved us $500,000.” 

The changes caught many people by surprise, including numerous members of the 48-person Breeders’ Cup board of members and trustees contacted by the Paulick Report. The members and trustees have no specific power other than to elect the 13 members of the Breeders’ Cup board of directors, but some of them feel the smaller operating board should at least consult or poll them on issues as important as the decision to suspend the stakes program. 


STAKES PROGRAM A REASON TO NOMINATE
 

“Nobody called me, nobody said a word to me, and there was no discussion about this,” one member/trustee said. “This stakes program is one of the reasons people nominate. The purse supplements give breeders, especially those outside of Kentucky, an incentive to participate. Without this program, many of them will stop nominating their foals and stallions.” 

Another member/trustee who is based outside of Kentucky concurred. “There are a lot of breeders in my state with 40 or 50 foals a year who pick out the 10 best ones and nominate them,” he said, “not because they think they can win one of the big races but because of these smaller Breeders’ Cup stakes around the country. It’s the only reason they nominate.” 

Minnesota-based breeder David Miller wrote the Paulick Report, saying: “As a regional breeder who has nominated his foals for the last few years, these supplements were my only chance to realistically recoup the investment. What is my recourse? The money is paid in and after re-reading the nominations terms, it appears the Breeders’ Cup will be making no refunds under any circumstances.” 

Avioli disagrees that the stakes program has played a major role in nominations. “We’ve done qualitative and quantitative research and we never got results back that the stakes program was the driving reason people nominated,” he said. “The two reasons that came out in research is the opportunity to have a horse be eligible for the championship days and the perceived increased value at sales for Breeders’ Cup nominated horses. This is not something we took lightly when we removed it, and I can’t tell you it’s not going to be restored in the future.”

Kentucky-based breeder Tom Evans, who operates Trackside Farm, made the following comment about the suspension of the program: “As a breeder who annually contributes funding for the Breeders’ Cup, I would appreciate the financial detail as to why the Breeders’ Cup needs to suspend nearly $6 million in co-funding for 2009 stakes races throughout the country. The catch phrase ‘challenging economic environment’ lacks the detail that supporters of the program deserve. And, since the Breeders’ Cup finds it necessary to suspend funding, what measures have they taken to cut costs in other areas such as corporate overhead and executive compensation?”

Avioli — whose compensation package was $517,965 plus another $248,175 in employee benefits in 2006 (the most recent year the Breeders’ Cup IRS Form 990 is available) – said the organization eliminated five full-time positions in the last year and will cut one additional job by the end of 2008. “Our total (2009) compensation budget is basically flat with 2008,” he said. The Breeders’ Cup 2007 annual report showed $3.6 million spent on personnel costs (2008 figures are not available). It is paying $266,160 in 2008 and 2009 to former CEO D.G. Van Clief Jr. as part of an $890,000 severance package he received when he stepped down in 2006. 

WHAT IS THE PURPOSE OF THE CASH RESERVES? 

John Sikura, of Hill ‘n’ Dale Farm in Kentucky, a member/trustee who unsuccessfully sought a seat on the operating board earlier this year, has been an outspoken critic of the Breeders’ Cup board’s handling of its cash reserves. Sikura doesn’t understand why the reserves are not being used to cover anticipated shortfalls in 2009 to keep the stakes program intact. 

“Those reserves are there for times of emergency,” Sikura said. “This is certainly one of those times. They should have funded the program, at the very least through 2009, because people have made reliances on this stakes program, and to have the rug pulled out from under them is wrong. These programs are not secondary to the racetracks or to the people who own horses.” 

Avioli claims the reserves are there to “protect against catastrophic occurrences that would cause cancellation of the championship event” – such as the kind of equine disease outbreak that shut down Australian racing last year or an earthquake or other natural disaster. Business interruption insurance would cover some, but not all, of a catastrophic event, Avioli said. 

“Second, like any organization, you have reserves so that you have security that the organization will continue if unforeseen circumstances arise,” he said. “Say this economy stays down for four or five years and nominations don’t come close to former levels. If you don’t have reserves, what are you doing to do? The question is, what’s the level of the reserves that need to be maintained, and that’s a function of the board of directors.” 

Some believe the board has built its cash reserve fund as a defense against the possibility of a boycott by stallion farms or syndicates that could grow unhappy with the direction of the Breeders’ Cup and stop nominating. 

The cash reserves are overseen by an Investment Committee chaired by G. Watts Humphrey Jr., a board member who for many years served on the Breeders’ Cup Executive Committee with William S. Farish prior to the 2006 changes in governance that brought some semblance of democracy to the organization. Farish’s son, Bill, has served as chairman of the board since 2006. 

The other members of the Investment Committee are Antony Beck, Donald Dizney, Ogden Mills “Dinny” Phipps, Joseph Shields, and recent appointee Satish Sanan. As board chairman, Bill Farish is automatically on every Breeders’ Cup committee, Avioli said. 

Phipps was voted off the board of directors in 2007 and Shields was voted off the board of members and trustees earlier this year. As chairman, Humphrey is authorized to invite anyone he wants, and he appointed Shields and Phipps to the committee. The cash reserves are entrusted to three or four different financial advisers. Contrary to rumors, Phipps’ Bessemer Trust is not one of the groups handling the Breeders’ Cup cash reserves, according to Avioli. 

Critics of the Investment Committee complained that scheduled meetings have been cancelled or postponed this year as the cash reserve fund was battered by market volatility and the global financial crisis that hit in September.”Farish and Humphrey do what they want,” one member/trustee told the Paulick Report. 

Another member/trustee said the cash reserves should not be looked upon as an emergency or catastrophic fund if a large percentage of it is invested in the stock market. “That’s a long-term investment strategy,” he said, “so it makes no sense to call it an emergency fund if it’s in equities.” 

Avioli defended the board’s handling of the cash reserves, even though the Paulick Report learned that at last week’s board meeting the Investment Committee indicated it was likely going to “get out of the equities.” 

“Should the money have ever been invested in the stock market?” Avioli said. “If you say ‘no,’ we wouldn’t have had the $40 million to begin with. If you accept that it was in the market and want to see how it was managed in the last 18 months, I’d say it’s done reasonably well compared with other industries. It’s down from $40 million to $30 million, but given these markets that’s not atrocious.” 

“I’ll bet a lot of the members and trustees don’t even know there is an Investment Committee,” one member/trustee said when learning of the $10-million-plus in losses. “It’s all part of the cloak and dagger secrecy that some of the people still engage in, even after we went through this new process of electing the board. People like the guys who run this committee do whatever they want with it. They can make all the bad decisions and they don’t think they have to be held accountable.” 

Another commented: “There is an unrecognized aristocracy in the United States, and these guys think they are part of the First Family.” 

Sikura is disappointed at the message the Breeders’ Cup board’s decision sends out to the industry. “In times like these, people are looking for some reassurance in the business from some of the industry foundations,” he said. “By taking this action, the Breeders’ Cup board failed to provide that reassurance.” 

Do you have an opinion on the Breeders’ Cup board’s decision to not use some of its $30 million in cash reserves to make up a projected budget shortfall and instead eliminate the $6 million in purse supplements to the Breeders’ Cup Stakes Program? Take the Daily Paulick Poll on the left-hand column of the Paulick Report homepage or leave your comments in the space provided below.

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PFFT! MCNAIRS VANISH

Tuesday, September 2nd, 2008
By Ray Paulick

The Labor Day announcement that Stonerside Stables has been sold by Robert and Janice McNair to Dubai’s Sheikh Mohammed is troubling news – not over concerns that the sheikh’s Darley operation may become a dominating force in American racing and breeding but because of the symbolism of McNair’s departure from active participation in our sport.

With the exception of a few horses they are retaining, the McNairs sold the multi-state breeding, training and racing operation lock, stock and barrel for an undisclosed sum that surely approaches or exceeds $100 million.

The McNairs began development of the farm and racing stable in 1994, a mere 14 years ago. And now, just like that, they are getting out. Pfft!

Why?

The press release announcing the sale said Robert McNair found it increasingly difficult to devote enough time to Stonerside in light of his ownership of the National Football League’s Houston Texans, a franchise that McNair bid $700 million to buy and which played its first NFL game in 2002, five years after the Houston Oilers moved to Tennessee and were renamed the Titans. Despite going their first six seasons without a winning record, the Houston Texans were appraised by Forbes magazine as the fourth most valuable team in the NFL (behind the Dallas Cowboys, Washington Redskins and New England Patriots) with an estimated value of over $1 billion.

To get the Texans and return the NFL to Houston, McNair outbid entertainment mogul Michael Ovitz and billionaire oilman Marvin Davis, among others, who wanted to bring a franchise back to Los Angeles, which had lost the Rams to St. Louis and the Raiders to Oakland. McNair knew that the NFL was the sports world’s most valuable league, and understood the power that a strong league office, with the support of team owners, had in shared media rights, merchandising, sponsorships, and marketing. Stepping up with a bid of $700 million seemed like a big risk, but now it looks like a bargain.

While McNair was busy starting his NFL team, he also lent his support, time, personal resources and expertise to a project that the Thoroughbred Owners and Breeders Association was trying to launch: the Thoroughbred Championship Tour (TCT). The TCT was a property Thoroughbred owners would create through an investment of $25 million, hosting a series of races showcasing top horses in divisions tied to the Breeders’ Cup at tracks throughout the country. The TCT would control media and wagering rights for those races.

McNair was named chairman of the TCT, which after its public unveiling in 2003 was slow to get off the ground for a variety of reasons, including TOBA’s staffing inadequacies. TOBA board members and TCT officials went to the Breeders’ Cup and National Thoroughbred Racing Association (which at that time were effectively one organization) for support, but they were stonewalled by some of the same people who helped kill previous initiatives, including Fred Pope’s National Thoroughbred Association. Leading the charge against the TCT was G. Watts Humphrey, who along with Will Farish controlled the executive committee of the Breeders’ Cup until its governance was changed and its board elected by nominators.

The stonewalling worked. After a series of meetings among racing organizations that went on for years, TCT announced in 2005 that it was “suspending operations” – which might be a stretch. There never really were any operations…only discussions.

The opposition of Humphrey and other “old guard” Thoroughbred owners and breeders to the TCT and its “new guard” supporters had carryover effects beyond this attempt to create a series of races for the best horses in training. There were hard feelings by people like McNair who were trying to bring change to an industry that has long resisted it. Some in the new guard kept pushing for change through the Breeders’ Cup election and governance process, which still remains under the control of the old guard. Others have backed away from industry initiatives after getting a bad taste in their mouth from their experience with the TCT.

McNair is getting out of the horse business almost entirely, instead putting all of his considerable energy into the NFL, where there is more enlightened leadership and, as a result, heightened opportunities to grow a business.

This much we know: the NFL’s gain is the horse industry’s loss.


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JOCKEY CLUB: ALL ABOUT CONTROL

Friday, August 15th, 2008
By Ray Paulick

One of the staples of the Jockey Club Round Table Conference on Matters Pertaining to Racing, to be held this Sunday in Saratoga Springs, N.Y., is a report on the activities of the Jockey Club, whose primary responsibility to the industry is registering Thoroughbreds and approving the names horses are given.

Of course, the Jockey Club wants to do much, much more than that, and its executive team, led by president Alan Marzelli, has focused on building the organization’s “family of companies” to include the collection and commercial sales of racing, breeding and auction data, the sale of handicapping information, software development, and technology services to racetracks, farms and other businesses in the industry. Either Marzelli or chief administrative officer James Gagliano will report on Sunday that every branch of the company is doing an outstanding job.

What you won’t hear in the report is how the tentacles of the Jockey Club and some of its individual members strategically reach into various organizations and businesses in an effort to exert control throughout the Thoroughbred industry.

To quote from the book, “The Right Blood: America’s Aristocrats in Thoroughbred Racing,” by Carole Case: “This is a story about money and power, and about a particular group of rich and powerful Americans—the men (and a very few women) of the Jockey Club. With its founding in New York City at the turn of the twentieth century, the Club took the reins of Thoroughbred racing in the United States, and it has never entirely let them go. For more than a century, then, the Jockey Club has dominated horseracing in this country.”

For better or worse, the Jockey Club, which has been ruled since 1982 by chairman Dinny Phipps and vice chairman William S. Farish, has considerable power over the Breeders’ Cup, Keeneland, National Thoroughbred Racing Association, the Thoroughbred Owners and Breeders Association and its American Graded Stakes Committee, Bloodhorse magazine, and the New York Racing Association, among others.

Here’s a quick rundown.

– William Farish’s son, Bill, is the board chairman of the Breeders’ Cup, which before its governance was changed a few years ago, had been tightly controlled by the senior Farish and his longtime friend and horse business partner G. Watts Humphrey. The battle over control of the Breeders’ Cup board has been detailed by previous articles in the Paulick Report..

– The senior Farish replaced Ted Bassett in 2006 as one of the three trustees who oversees Keeneland’s operations. Keeeland’s president, Nick Nicholson, is a former executive with the Jockey Club. There is some speculation that one of the senior Farish’s goals is to expand Keeneland to the point where it can bid to become a permanent host for the Breeders’ Cup, making it the Augusta National of the racing industry.. An expansion is on the drawing board now, with Keeneland making a possible Breeders’ Cup bid as early as 2011.

– The NTRA board is populated by several Jockey Club members, including Humphrey and Robert Clay, plus Jockey Club president Marzelli, and three racetrack executives — Nicholson of Keeneland, Bob Elliston of Turfway Park (owned in part by Keeneland), and Charles Hayward of the New York Racing Association, which has been controlled by Phipps for more than 30 years. At one point, the NTRA and Jockey Club shared office space in New York.

– The Thoroughbred Owners and Breeders Association has had some semblance of independence from the Jockey Club in recent years, through its chairman, Bill Casner, who is not a Jockey Club member but has been asked to speak at Sunday’s Round Table. Casner was recently succeeded by Reynolds Bell, currently a steward of the Jockey Club and a bloodstock agent whose major client is Farish’s Lane’s End Farm. Dell Hancock, whose family’s Claiborne Farm boards the Phipps family mares, served as chair of the American Graded Stakes Committee until recently being succeeded by Peter Willmot. Steve Duncker, currently the board chairman of NYRA, was a previous Graded Stakes Commiteee chair.

– Stuart Janney is chairman of Bloodhorse magazine, whose board also includes Bill Farish, G. Watts Humphrey, D.G. Van Clief, and Antony Beck—all Jockey Club members with the exception of Beck, who is very close friends with Bill Farish. Janney is a Jockey Club steward, a cousin of Dinny Phipps, and chairman of Bessemer Trust, the company founded by Phipps’ great-grandfather. He succeeded Humphrey as chairman, who in turn succeeded Bayard Sharp, Farish’s late father-in-law.

– The New York Racing Association’s close relationship with the Jockey Club is no secret. Its tracks serve as playgrounds for many Jockey Club members, most notably Dinny Phipps, who has the most desired finish line boxes at the NYRA tracks. The Jockey Club even has offices at the New York tracks. The Jockey Club once officially ruled New York racing, but lost its official control when a horseman named Jule Fink went to court after being denied an owner’s license. NYRA’s board is populated with Jockey Club members, and its chairman, Steve Duncker, like most chairman before him, is a member of the Club as well.

The tentacles clearly reach into breed associations, regulatory agencies and other organizations throughout racing and breeding.

What isn’t clear is why the Jockey Club, led by its chairman and vice chairman, wants so desperately to control the industry, and what they plan to do with that control.

Copyright © 2008, The Paulick Report

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BREEDERS’ CUP ELECTION: GAME ON!

Saturday, June 14th, 2008

It took centuries for the people of Iraq to experience the joys of voting in a democratic election. Thoroughbred breeders only had to wait 25 years.

For over two decades since its inception in 1982 as the brainchild of the late John Gaines, Breeders’ Cup Ltd. had been run under the cloak of darkness, or as Canadian breeder Frank Stronach said, as a “club.” There was an unwieldy, self-perpetuating board numbering 48 individuals and numerous committees dominated by members of the Jockey Club. For most of its 25 years, however, the Breeders’ Cup was controlled by a small executive committee headed by Will Farish, the vice chairman of the Jockey Club, and later by G. Watts Humphrey Jr., a partner in many of Farish’s breeding ventures at Lane’s End Farm and a Jockey Club insider. Meetings of the large board were seen by some board members as nothing more than a good opportunity to catch up on industry gossip, doze and rubber stamp decisions of the executive committee.

Control fell into the hands of the Jockey Club hierarchy at the outset of the Breeders’ Cup when then-powerful Claiborne Farm at first resisted the idea of nominating its stallions to the program, a move that would have prevented it from leaving the starting gate. Gaines, who was never a member of the Jockey Club and often referred sarcastically to its poo-bahs as the “self-appointed guardians of the Turf,” agreed to remove himself from any management role in order to end the acrimony with Claiborne. The farm’s president, Seth Hancock, had very close ties to the Jockey Club’s ruling family, the late Ogden Phipps and son Dinny.

A decision by Farish and Humphrey to reach into the rich coffers of the Breeders’ Cup (estimated conservatively then at $40 million) and provide financial assistance to the fledgling National Thoroughbred Racing Association through a joint operating agreement in 2001 rankled many breeders, who had built the program from scratch with annual foal nominations of $500 and annual stallion nominations equal to a horse’s stud fee. Those breeders had grave concerns over how their money was being spent. Breeders’ Cup purses were being outpaced by a growing number of international races, and under Farish’s leadership (and Breeders’ Cup executives Ted Bassett and D.G. Van Clief Jr., both Jockey Club members) the original seven race program that began in 1984 was unchanged until the addition in 1999 of the Filly & Mare Turf.

Many breeders did not see or understand the merit of propping up the NTRA, an organization formed in 1998 after Dinny Phipps derailed another initiative pushed by Gaines, the owner-driven National Thoroughbred Association, morphing that into a hybrid vehicle driven by a combination of owners, breeders and racetrack executives who could never agree to do anything significant enough to help the industry.

But I digress.

Stronach was among those who began to stir the nest in 2001 making pointed comments at a public forum about both the NTRA and Breeders’ Cup and its boards of directors. By then, his Magna Entertainment owned a number of racetracks, and he threatened to pull them out of the NTRA unless he was satisfied the organizations would make some reforms in governance. Van Clief, then vice chairman of NTRA and president of the Breeders’ Cup was quoted in a Jan. 14, 2001, article at ThoroughbredTimes.com as saying that the Breeders’ Cup was reviewing its methodology for electing directors and hopeful of resolving the issue in “the next few days.”

Those “few days,” however, stretched into weeks, then months, then years. Stronach was otherwise appeased, and his tracks remained NTRA members.

In 2005, when the Breeders’ Cup board rubber-stamped a committee recommendation to increase stallion nomination fees for stallions with 50 or more foals, there was more stirring. John Sikura, owner of Hill ‘n’ Dale Farm, wrote a letter published in The Blood-Horse that was extremely critical of the move. “The focus of the Breeders’ Cup should be on cost containment and fixing their business model so that 20 years after inception, we do not have to alter an agreed revenue sharing formula to fill revenue gaps and create their profitability,” wrote Sikura, who called the change a “luxury tax” on stallions producing more than 50 foals. Sikura agreed that the Breeders’ Cup needed its purses to keep pace with competing races, then added, “At the very least, the Breeders’ Cup must pledge 100% of these additional revenues to purses and realize it is our money they are spending, not theirs.”

The Breeders’ Cup was not strapped for cash. At the time, it had accumulated over $40 million from nominations and revenue from its annual championship day of racing.

Sikura’s letter was a lightning rod for the growing discontent many breeders were feeling over the use of Breeders’ Cup funds in NTRA operations. “That letter really got people fired up,” a current Breeders’ Cup board member told me recently. “People weren’t so much upset about the decision to increase the fees, but how it was made and where the money was going.”

Many people believed the administrative budget for operating the Breeders’ Cup and NTRA had become bloated. “The overhead model was strewn with numerous employees with outrageously high salaries and no financial accountability to the breeders who funded the organization,” said one current board member.

The stallion fee increase came in the wake of a simmering dispute between the ruling members of the Breeders’ Cup/NTRA boards and a group of owners and breeders organized under the banner of the Thoroughbred Owners and Breeders Association who were proposing a race series called the Thoroughbred Championship Tour. Among the big names pushing the TCT series was its chairman, owner-breeder Robert McNair, the owner of the National Football League’s Houston Texans. The series concept was created by Thoroughbred Daily News publisher Barry Weisbord, who a decade earlier had started the American Championship Racing Series, which gained traction on the racing landscape but ultimately failed because of industry squabbling.

TCT backers felt the Breeders’ Cup/NTRA boards were not doing enough to support their proposed series, which never got off the ground and suspended its operations in July 2005. Those backers joined the growing chorus of voices seeking reforms at the Breeders’ Cup, where the people John Gaines called the “self-appointed guardians of the Turf” finally realized that change was inevitable and necessary. The old board altered the corporate bylaws in November 2005, creating a new operating board of 13 members, who would be selected by a larger group of “members and trustees.” Those members and trustees would be elected by Breeders’ Cup foal and stallion nominators under a formula that assigns one vote for each $500 in nominations to the program. (For example, someone who owns a stallion with a stud fee of $10,000 would get 20 votes.”

Finally, 25 years after the Breeders’ Cup was created, the people who funded the program would have the chance to have a say in how it is run. The struggle for control of the Breeders’ Cup was reopened.

Game on.

Editor’s note: The original version of this article incorrectly stated that the National Thoroughbred Association was created by John Gaines. The NTA was solely created in 1993 by advertising executive Fred Pope. Gaines joined Pope in helping push the initiative three years later.

TOMORROW: Part 2. Power-seekers, politicking, deal-making, and clashing egos.

By Ray Paulick

Copyright ©2008, The Paulick Report