RULING NUMBER COM SB 042/2011
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 23 2011
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE JEFF BARKLEY
Jeff Barkley (“BARKLEY”), was previously licensed with the Ontario Racing Commission (“ORC”) as a trainer, licence number #V06824.
On July 26, 2006, BARKLEY was suspended due to a third positive human drug test, and received a suspension from May 14, 2006 to November 14, 2008, pursuant to Ruling SB COM 17/2006.
On March 17, 2009, based on the results of a due diligence investigation which revealed prior tests for cocaine, a significant history of criminal convictions, an extensive history of suspensions and convictions with the Ministry of Transportation, and a previous bankruptcy and judgment and subsequent Notice of Proposed Order, the Deputy Director issued Ruling SB 34/2009, which ordered that BARKLEY was not entitled to apply for a license for two years, that being March 17, 2011, and not eligible to be licensed until such time as he contacted the Deputy Director.
On August 8, 2011, BARKLEY submitted an Application for Reinstatement.
A reinstatement hearing was held on August 23, 2011 by a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling.
Angela Holland appeared as counsel for the Administration. BARKLEY was self-represented.
Upon hearing the testimony of Investigator Pamela Bray, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the Administration and of BARKLEY, the Panel ordered as follows:
- BARKLEY is allowed to apply for a licence, once he has complied with the following conditions:
i. BARKELY must pay any outstanding fines, ORC records indicate that BARKLEY owes $5,000 in outstanding fines ($2,500 from SB Ruling 35856, June 29, 2006 and $2,500 SB Ruling 17/2006, July 26, 2006); and
ii. BARKLEY must provide a current SAP assessment, including any recommendations;
- Once BARKLEY has complied with the above conditions, he will be allowed to apply for a license as follows:
i. BARKLEY may apply for groom’s license, subject to the Judges approving his employer;
ii. 12 months from the date of obtaining his groom’s license, provided BARKLEY has a clean license record, he can apply for an assistant-trainer’s license, if in place, subject to the Judges approving his employer; and
iii. 12 months from the date of obtaining his assistant-trainer’s license, provided BARKLEY has a clean license record, he can apply for a trainer’s license;
- In the event that BARKLEY is granted a license, his license will include the following conditions:
(a) BARKLEY must sign a Post-Violation Agreement for 2 years;
(b) BARKLEY shall keep the peace and be of good behaviour;
(c) BARKLEY must present himself for testing when ORC investigators
are in the paddock of an ORC licensed raceway; and
(d) BARKLEY may be subject to a Notice of Proposed Order in
addition to any penalty imposed by the ORC Judges for any breach of the terms of his licence.
The Transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 6th day of September, 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF JEFF BARKLEY
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JEFF BARKLEY, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of August, 2011.
Appearances:
Angela Holland,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Okay. We have a policy, Mr. Barkley, of rehabilitation here and I want to help you help yourself. Where I am troubled is that I see the recommendations, the amended recommendations, and I'm quite open to accepting them. The problem I have is, and I expound on this many many times, people don't have the right to a license. It is a privilege to have a license and what you have done in the past the record is very egregious and I understand that you are remorseful and I'm glad to hear that but on the other hand, and we have some precedents in other cases similar to this, that in allowing a person back into the industry we have kind of stepped them into it and the first step, we have allowed the person to get a groom's license to get back and work, prove that they are worthy of having that license and after a period of time on the basis that they are doing all they are supposed to do and are a contributing force and factor to the industry, at a point in time allow them to graduate up to the next stage in the licensing process. And quite frankly that's where I'm at today. I'm quite willing to allow you to proceed and I am prepared to accept the recommendations. The only thing that I am proposing to change or not change but add is to allow you to apply for a groom's license and if you are fortunate enough to be granted that groom's license, subject to a Judge approving who you would go to work for because obviously I want to make sure that you end up in good hands not the wrong hands and that I'm a firm believer that birds of a feather fly together and given your past I think it would be very important to make sure that you are now associating with the right people and the chance of having continued success I think is dependent upon that.
So my ruling will be to accept the recommendation but to add to it that you are eligible to apply for a groom's license. If you are successful in being granted that by the Director that you will need Judge's approval to who you are going to be employed by, which licensed trainer and on the basis that you have a good record that in twelve months time you are eligible to apply; and I believe by that time there will be an assistant trainer's license available and you can apply for that if you are successful. If there isn't, and the reason I am saying that is that the Commission is in the process of changing its licensing structure on the standardbred side and I believe that there will be an assistant trainer's license available at twelve months time from now. That you would then be able to then apply for an assistant trainer's license. You will again need approval by the Judges of who you go to work for. If you have a good record in the next twelve months you will be able to then apply for a trainer's license. So a stepped program, one year groom, one year assistant trainer and in two years a full trainer under the provision that you don't violate any of the conditions in the recommendations here. If that were to be the case then you would have to be subject to any ruling the Director may so choose to make. Any questions?
MS. HOLLAND: No, sir.
MR. CHAIRMAN: Mr. Barkley?
MR. BARKLEY: No, sir.
MR. CHAIRMAN: Thank you and good luck.
MR. BARKLEY: Thank you very much.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths