Letter to the Department of AZ Racing

NOTE:  The writer of this letter has granted EndTucsonGreyhoundRacing.com permission to post. It is in response to the David Blair Incident and the Dept. of Racing’s ruling of the David Blair Incident.

From: "Susan Via"
To: <ggonsher@azracing.gov>
Subject: request for reconsideration/modification
Date: Thu, 21 Feb 2008 18:42:04 -0700

Dear Director Gonsher:

19-2-323 does not address the ability of the Director to amend or clarify his ruling, but I ask you to reconsider those portions of your recent review and report dated February 7, 2008, regarding the David Blair/Kevin Mathieu incident that led to the contested euthanasia of the greyhound "Pa's Missmakamess" ("Missy") at Tucson Greyhound Park, "TGP".

Your review and report states that "if an adoption organization was present to formally commit to the adoption the dog, if someone or an organization had been present to assume the cost and responsibility for medical care, and if financial resources were readily available for medical care, the outcome may have been different.  But none of these "ifs" occurred in this matter."

With all due respect, Director Gonsher, the above-quoted statements in your report are factually incorrect.

Your report states that TGP President Tom Taylor was present during the incident, that he spoke with trainer Kevin Mathieu about the owner's willingness to release the dog for adoption in exchange for money, and that the Mathieu verbally agreed to sell the dog rather than euthanize
her.

R19-2-329(B) states that "Every effort shall be made to adopt the greyhounds not used for racing or breeding purposes."

As you are aware, Tom Taylor is the president of the GPA -Tucson chapter, whose mission and purpose is to encourage, promote and facilitate the adoption of racing greyhounds no longer to be used for racing or breeding.  In that capacity, irrespective of his role as the person in charge of operations at TGP, Mr. Taylor had the knowledge and the responsibility to attempt to get the Arizona Greyhound Rescue ("AGR"), the Greyhound Adoption League ("GAL),  GPA -Tucson or some recognized adoption program to take the dog for adoption. Thus, contrary to conclusions in your report, an adoption group, GPA - Tucson, was present during the entire incident in the person of its President, Tom Taylor.

In point of fact, your own description shows that Mr. Taylor set the "price" for the dog at the owner's request, and negotiated with Mr. Blair for her sale.  Mr. Taylor told adoption group representatives on the telephone that they had no need to come to get the dog, despite his
responsibility under state law to use every effort to get the dog adopted.  And he ignored the obligations of his own position as head of GPA -Tucson to get this dog adopted.  He could have easily taken the dog into GPA - Tucson for adoption until such time as one of the other groups could retrieve her.  He knew AGR at a minimum was on its way to retrieve the dog, yet he actively thwarted their efforts.

My years of legal practice as counsel to a state regulatory agency, service as a state and federal prosecutor, and a short time in private practice, suggest to me that there is a serious conflict of interest in having one with a fiduciary obligation to a 501(c)(3) organization such as GPA serving simultaneously as the paid top employee of TGP.  As this situation unambiguously demonstrates, Mr. Taylor chose to help one of his kennel owners, who are responsible for his livelihood in that they furnish dogs to race at TGP, over the duty to use reasonable efforts to see that this dog was made available for adoption.

It is beyond medical dispute that the dog's hock fracture could have been stabilized and pain medication administered until she could be surrendered to GPA, AGR or GAL for transport to a private veterinarianfor treatment and rehabilitation and eventual adoption.

Instead, Mr. Taylor acted as an agent of the owner, actively assisted him in seeking payment for the dog in exchange for not performing euthanasia.  If the owner's desire was to prevent suffering, why did he with Mr. Taylor's active assistance bargain with David Blair over price?
 Why did Mr. Taylor not offer to take Missy into GPA's ownership, and why did he actively discourage and dissuade the adoption groups from coming to get her?

Unfortunately, the answer is that GPA - Tucson is an adoption group on paper only.   This incident clearly demonstrates that it is merely a desperate public relations stunt by TGP to blunt the continuing criticism of repeated failures by TGP to ensure greyhounds' welfare.  GPA - Tucson has no procedure in place to do home checks on dogs it ostensibly makes available for adoption, and has no procedures in place to take back dogs surrendered by new adopters whose circumstances or minds change after adoption.  A recent return of a dog was chaotic and
TGP refused to take it back, and the net result was a local adoption group had to scramble to avoid having the greyhound dumped at Pima County Animal Control.

GPA -Tucson's current website lists almost 80 dogs available for adoption.  Even more languish in kennels having been abandoned by kennel owners or deemed unsuitable for racing or breeding.  Yet, there are no volunteers to foster or acclimate dogs to home life, no volunteers to play with or walk these dogs, no home suitability checks, no aftercare contacts, nothing, in short, that legitimate organizations offer in connection with greyhound adoption.  Some of these dogs have languished in their cages since being off-graded for racing or abandoned by kennel owners for more than one year.

Does ADOR actively and regularly review TGP's records to ensure that greyhounds housed at TGP who no longer race are being made available for adoption?

I respectfully request that you correct the report, and that you consider sanctions against Mr. Taylor for failing to use best efforts to get Missy adopted, and for using his position with TGP to attempt to obtain money for a dog that was of no financial or other value to its owners after it sustained the hock fracture, rather than using his position as head of GPA - Tucson to take custody and ownership of the dog for eventual adoption or his position as manager of TGP to facilitate its adoption by a reputable adoption agency.

I further request that you consider implementing rules changes which would prevent a conflict of interest and the appearance of and actual impropriety that this case so sadly demonstrates.

I would be happy to work with the Department of Racing, the Office of the Attorney General, and any other entities to develop and implement policies to prevent this kind of situation from happening again.

In addition, I would hope that GPA - Tucson would not be eligible to receive adoption grant money from ADOR unless and until they conclusively demonstrate that they are in full compliance with R19-2-331(C).  Director Gonsher, I respectfully request that your agency examine TGP's records to confirm what is set forth herein.

Respectfully,

Susan R. Via, JD