Western Regional Off-Track Betting Corp.

Shortly after the board of directors for the Western Regional Off-Track Betting Corp. approved Steve Casey as the first chief of staff at Batavia Downs on Thursday, his new boss, Byron Brown, reiterated that he had no involvement with Casey getting a job in marketing before Brown was named the new president and CEO of the corporation.

"I did not know he applied for a gaming license," Brown told a gaggle of reporters after Thursday's board meeting. "I did not know he was hired at Batavia Downs prior to me applying for the position.”

Casey's new position was created by an executive reorganization based on recommendations from consultants at True North. The board on Thursday approved a payment of $30,000 to True North for their consulting work.

Based on those recommendations, the board created a new executive organization with the following job titles:

• Chief Executive Officer 
• Chief Administrative Officer/Chief of Staff 
• Chief Operating Officer
• Chief Financial Officer
• Vice-President of Operations
• Vice-President of Business Development
• Vice-President of Human Resources
• Executive Office Manager
• Director of Communications
• Executive Business Administrator

The board eliminated the following job titles:

• Director of Marketing
• Director of Human Resources
• Executive Chef

In addition to Brown as CEO and Casey as Chief of Staff, Ryan Hasenaurer was promoted from marketing director to vice president of business development. Danielle 
Fleming was named VP of Human Resources. Michael J. DeGeorge, who handled communications in the office of Mayor Byron Brown, was named director of communications at a salary of $130,000.

Brown said that based on the reorganization plan, he recommended Casey and DeGeorge for their new positions, which the board approved. Erie County's representative on the board, Timothy Callan, voted against the reorganization measures.

A number of media outlets have mistakenly reported that Brown hired Casey. On Wednesday, outgoing CEO Henry Wojtaszek told The Batavian he hired Casey not long after Casey first contacted him about a job back in May, months before there was an announced plan to replace Wojtaszek. Wojtaszek told Casey he would need to get a gaming license, which he did. Casey started working in marketing at Batavia Downs before the board hired Brown to replace Wojtaszek.

In an exclusive interview with The Batavian on Thursday, Casey confirmed that series of events with some additional details.

At 58, Casey said he started thinking about his retirement and that perhaps he should try to get back into the state's retirement system. While he's never been close with Wojtaszek, he's known him cordially for years, so in May, he decided to give Wojtaszek a call.

Casey said, "I'm thinking, 'Okay, it might be time to get back in. Where would I like to do that?' I think you saw a bit of chaos in Erie County. So I'm thinking, 'Where would a good spot be to go?' I knew Henry. We weren't close, but Henry and I, over the years, crossed paths, and I know him pretty well, so I reached out to Henry. 'Hey, any openings? I'd like to get back in the pension system.'"

Getting a gaming license normally takes weeks. Casey's was approved in about a week. Casey wasn't ready to start that soon so he didn't start working at the casino until September.

One of the issues Erie County reporters have raised regarding Casey is a wire fraud conviction against his former consulting company, LSS Strategies, in 2021. That came after a five-year FBI investigation that resulted in a $69 fine. 

"That application was the most comprehensive document I've ever seen," Casey said. "I literally sat with my attorney, and together, we went through it, answering all the questions, disclosed everything we possibly could so they could then make a decision. And fortunately, they came back and said, there's nothing there.”

Casey said the Gaming Commission was "100% fully informed."

"The most important factor was Steve Casey, as an individual, I don't have a point on my driver's license. I don't have a misdemeanor. I don't have a felony. There's nothing against me as an individual,” he said.

Casey said he didn't learn that Brown was a potential candidate for the job until August or September.

"I've kept in touch with the mayor over the years since I left city government, but when I first came here, it was not based on whether the mayor would come here," Casey said. "He was still in the middle of his budget stuff in May. You're looking at April, May, June. So, my coming here solely had to do with me looking at opportunities for my pension and getting back into government."

Casey is excited, he said, to take on his new role at the OTB and is already impressed by the quality of the people he will be working with.

"I can tell you, I started at the bottom level here," Casey said. "I was seeing everybody on the floor, talking to all the employees here. They didn't know who I was. They didn't know my background. Extremely professional, incredible staff, very talented. 

I'll tell you one specific example," Casey added. "The CFO here. I've worked in Albany, in Albany for nine years and in government for 24 years. I've seen some of the best budget directors you've ever seen, from the speaker's budget director to the governor's budget director. Jackie Leach is by far one of the single most talented CFOs I've ever seen. She knows everything about this place, the institutional knowledge, and her ability to do what she does here. I mean, it's a top-notch staff, and I'm looking forward to working with such a talented staff."

Previously: Information provided by OTB leaders contradicts widely reported accounts of staff hiring at Batavia Downs

Steve Casey, former deputy mayor in Buffalo under Byron Brown, has been appointed chief of staff for Western Regional Off-Track Betting. 

The board approved creation of the position and hiring Casey as part of an executive restructuring plan. 

Casey applied for a job with OTB in May and obtained a part-time job.  He was deputy mayor under Brown, until 2015.  Brown was recently named CEO of OTB.  

Casey is receiving a one-year contract worth $190,000. 

Michael DeGeorge, also a former assistant to Brown, has been hired by the board as director of communication, at a salary of $130,000.

More TK

In an effort to fulfill his vow for “transparency,” newly hired CEO Byron Brown released copies of his employment contract with Western Regional Off-Track Betting Corporation to members of the press before committee meetings Wednesday, revealing his three-tiered salary increases, a four-month severance provision and other benefits of the job he began just a week ago at Batavia Downs.

The former Buffalo mayor’s annual six-figure base salary begins at $295,000 through 2025 and is set to jump to $305,000 on Jan. 1, 2026, and increase another $10,000 in 2027 to $315,000, “contingent upon continued growth and a satisfactory performance evaluation.” 

“Before I even signed the contract, I knew there was a lot of media interest in the contract. I had been informed that a number of members of the media had requested the contract and that the contract was FOILed. It was my understanding, through the corporation, that through FOIL, the contract would have been released on October 31, but I thought, you know, as we talk about transparency, it was important for me to release the contract today, my first board meeting,” Brown said. 

“You know, obviously, we are in something of a transition," he added. "Some of the decisions that are being discussed today, work that has been assembled today predated me, so as I transition in, I wanted to transition into the organization with transparency, and wanted to provide the contract to the media so that it could be seen and you could evaluate it."

Unlike former employees who have received year-long severance packages, Brown’s is cut off at four months, which was a condition he purposefully chose in working with Board Chairman Dennis Bassett, he said.

“We decided that I would not take that type of severance provision … Again, we thought that that was an important and meaningful reform with me coming in, and I was happy to agree with the chairman to reduce the severance that employees have previously enjoyed,” Brown said, answering why he agreed to a reduced severance length. “I want to start with transparency, want to start looking at potential reforms for the organization. Good work is being done here. This is a very profitable organization that delivers revenue to 17 municipalities in Western New York. I want to work to establish confidence in the organization. So I thought changing that provision and reducing the severance provision in the contract was important for me to do.”

The contract includes a minimum of two weeks paid vacation per year; an $800 monthly car allowance in lieu of any direct payments for expense of leasing or operation of a vehicle; and reimbursements for “necessary and reasonable business expenses incurred in the performance of his duties.”

Brown’s contract allows him to participate in employee benefit plans and programs, including but not limited to medical, retirement and life insurance, as are generally made available by the employer to employees.

The severance package also would include continued medical benefits or a $1,500 annual stipend for choosing not to use the medical benefits.  

His list of duties and responsibilities includes:

• The overall direction, development and day-to-day management of the employer — the gaming operations and hotel, food and beverage, and other gaming-related amenities; and management of vendors, consultants and employees, including the right to select, assign and terminate such individuals and entities and the implementation of personnel and wage and benefit policies established by the board;
• Preparation of annual operating and capital budgets of the employer and of required modifications to budgets, implementation, monitoring and evaluation of such budgets in the course of operations;
• Development and implementation of programs for training of employees and development of policies and procedures;
• Diligent attention to ensuring the compliance of operations with the requirement of the state Gaming Commission and other applicable laws relating to the integrity and operations of employers and maintenance of the integrity of all operations for the protection of the employers, its patrons and the public;
• Assistance in the development of strategic plans and preparation of related proformas for the expansion of the employer and of required modifications to such proformas;
• Overall direction, development and day-to-day management of the process to market, sell and account for the employer’s products and services and for developing, implementing, monitoring and adopting measures to improve customer service;
• Negotiate agreements on behalf of the employer consistent with the policies, and negotiate employment offers for management of the employer, both subject to board approval when required by employer policy;
• Lead the interaction with federal, state and local governments, including legislative bodies, and participate as the employer’s representative to the New York Gaming Association, and serve as trustee to the Employer’s Deferred Compensation Plan.

The annual salaries are listed as minimum base salaries, and will be up for review at the end of each fiscal year. The board may determine, in its sole discretion, to increase the executive’s base salary, the contract states. Brown is happy with the package, he said, which includes those "performance based incentives."

“I am certainly pleased with the contract the board has offered. We did not do a lot of negotiation, very little,” he said. “In fact, I was presented a contract for employment and found it certainly satisfactory to me and accepted it.” 

Contrary to reports in other media outlets, Byron Brown, the new president and CEO of Western Regional Off-Track Betting, says he did not hire a former mayoral office staffer at Batavia Downs.

Steve Casey, a former deputy mayor in Buffalo, does work for Batavia Downs but he was hired by Henry Wojtaszek before Brown even applied for the job, Brown told The Batavian between committee meetings at the casino on Wednesday.

Brown said he did not have details about Casey's employment and referred those questions to Wojtaszek. Wojtaszek said he would answer questions after he has a chance to brief the board of directors on the matter.

This story will be updated as information becomes available.

Byron Brown, the former five-term mayor of Buffalo is stepping into his new role as president and CEO of Western Regional Off-Track Betting/Batavia Downs. Last week, The Batavian sat down with him for an interview.

Brown said is primary focus is on running the OTB as a business, growing revenue and increasing profits for the 17 municipal owners.

"I'm not coming here to be a politician. I'm coming here to be a focused business executive," Brown said.

He didn't follow much news about Batavia Downs before learning of the search for a new executive to replace Henry Wojtaszek.  He said he has little knowledge of prior controversies. The evidence he sees so far is that Wojtaszek did a good job running the organization and he sees no signs, as some have charged, of corruption.

"Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel)," Brown said. "I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities."

He will leave it to the board to set OTB's legislative goals, but he is confident he can help the board achieve those goals.

"As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York," Brown said. "Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years."

Here is a full transcript of the interview:

The Batavian: If you were speaking to all of Genesee County right now, how do you introduce yourself?

Byron Brown: I introduce myself as a person who's been selected to be the president and CEO of Western Regional off-track betting Corporation. I am very pleased with this opportunity to move in a different professional direction and to extend my years of public service. I will be working in a corporate environment, but serving 17 member municipalities and trying to raise the revenue that Western Regional Off-Track betting Corporation provides to 17 member municipalities, including Genesee County,

Having served as Mayor of the City of Buffalo for over 18 years, I understand how important these revenues are in the city of Buffalo's budget, and I know that they are important to the budgets of the other 16 municipalities that receive proceeds. I will work as hard as I can, as smart as I can and as collaboratively as possible to continue building this organization and making it even more profitable. It is already profitable, but I aim to help make it even more profitable.

Q: One of the things Dennis Bassett said to me is that relative to Monroe County, Erie County, and Buffalo, the revenues for Genesee County and the other rural counties are more significant. Even though the revenue is smaller, numerically, it's much more significant budget-wise. Is that something you're aware of, and want to ensure that it is maintained?

A: It is definitely something I'm aware of. I'm aware of the revenue that goes to all of the 17 member municipalities, for all of the municipalities, including the smaller municipalities. Not only do I want to maintain the revenues that they are receiving, I want to grow the revenues that they're receiving.

Q: Any hobbies or interests? What do you do when you're not a public servant? 

A: I have been pretty much a workaholic, but I like to walk with my wife. We have great parks in the city of Buffalo, so we walk some of those parks. I have some friends I cycle with, ride a bicycle, and I enjoy that. I don't get to watch a lot of TV, but I like Westerns when I do, and my wife and I are helping to raise our six-year-old great nephew and seven-year-old great niece. I like spending time with them, including our son, who is 34 now. Something my great niece and I have started doing together is watching Star Trek at eight o'clock before her bedtime.

Q: Which series are you watching?

A: The original.

Q.: The original, great. Starting her outright.

A: Yeah, starting her outright.

Q: I've seen everything. I grew up on Star Trek.

A: So I've, yeah, I've seen every episode many, many times over.

Q: I've seen all the other series.

A: I have, too.

Q: I've watched Discovery and everything.

You kind of touched on this, but just what attracted you to this job? Well, it's kind of a two-part question. What did you know about Batavia Downs before, and then what attracted you to the job when you found out it might be available?

A: I didn't know much about Batavia Downs before applying for the job or coming here, there were a couple of people that said, hey, this position is available. You should take a look at it. I did. The major thing that jumped out to me is its revenue to the 17 member municipalities. I was very attracted by that because I knew of the revenue that came to Buffalo. I didn't really pay much attention to the revenue that might have gone elsewhere. When I really researched where the revenue goes, I felt that the function of this organization was very important in Western New York and in the state of New York, and I saw it as an ability to move into a corporate environment. This is a public benefit corporation. It's got to be run like a business. I saw it as an opportunity to utilize the management skills that I've been able to develop over the years and, most importantly, help 17 municipalities in Western New York, including the city of Buffalo and Erie County.

Q: It sounds like you have a passion for municipalities. Does that come from your background as mayor?

A: It does. I have a passion for municipalities. Before I ever ran for any office, I had the opportunity to work at senior levels in city, county and state government. Before my five terms as mayor of the city of Buffalo, I was a member of the New York State Senate. I was in the Senate for three terms. One of the committees I served on was racing, gaming and wagering. So certainly, you know, I have exposure to that committee and its functioning, and before that, I was a member of the city council for three terms in the city of Buffalo. Because of those experiences, my alma mater, Buffalo State University, recruited me to teach a course with other professors at the university in municipal governance, and so I was recruited to be a professor of practice at Buffalo State and really leaned into not only my own understanding and learning about local government and municipalities but also the importance of those governments in our state,

Q: You were mayor of one of the finest cities in the state of New York. And it is the state of New York, and this (Batavia Downs) is a much smaller footprint; some might say that's a kind of, it's not even a lateral shift. It might be seen as being a bit of a step-down. I realize it's higher pay, but there's not the same jazz, is there?

A: You know, some people have said that. I don't feel that. I think all work is important, meaningful, and valuable. There are at least 430 people that work in this organization. Their jobs and ability to support themselves and feed their families are critically important to them. The revenues -- since this organization was established in 1973 and began paying proceeds to municipality municipalities in 1974 -- it is almost $300 million that has been paid out to the 17 member municipalities in that period of time. That's significant. That means something; those dollars go to all of those communities in Western New York. I saw it as exciting to be able to come in as president and CEO and not only maintain that but find ways to grow that. So, I see it as an exciting management challenge in an organization that has an important function in the state of New York, and I am honored to have been selected to do this work, which I think is important.

Q: One of the things I've talked with Dennis Bassett about is your legislative experience. That was, I think, a major selling point for him and the board. Please talk about your legislative goals and what you think you can deliver.

A.: My legislative goals are the board's legislative goals. The board will set a legislative agenda. Gaming is something that the board is looking at; maybe expanding the Video Lottery Terminal footprint is something else that the board is looking at, and reducing the tax rate is another.

Q: Explain the tax rate.

A.: The tax rate on Western Regional Off-Track Betting proceeds, so reducing the tax rate ...

Q: That goes to the state?

A: That goes to the state. If that were reduced, the proceeds to the 17 member municipalities would be increased. Those are some things in the legislative agenda that the board has talked to me about.

As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York. Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years. I can certainly have a conversation with them about what's important to this organization and 17 municipalities.

Q: We've talked about how good the revenue has been and the profits going to the municipalities. I've watched over the last few years the ramping up of events here, concerts, and other activities that help bring people here. Are those policies and practices you plan to continue, and what additions might you start?

A: The organization has done a good job in ramping up profitability, increasing hotel stays, increasing the number of events that are here, and when people come here for events, they often find themselves on the gaming floor, or they find themselves at the racetrack. All of those things help with profitability. So I certainly will continue those things. I'll be looking at -- are there additional things that we can do to bring more people here? I see Western Regional Off-Track Betting and Batavia Downs as kind of a resort-type experience in Genesee County in Batavia, New York.

Q: Do you support expanding the hotel?

A: I have been briefed on the hotel expansion. That is ultimately a decision that the board of directors has to make. But from everything that I have been able to review, from the pro forma I've looked at, I think that expanding the hotel would increase the profitability of this organization. It looks like a winning proposition. And when you look at all of the hotels in this geographic area, the Batavia Downs Hotel is, I would say, the most well-used of all of them. The percentage of people who stay at this hotel is higher than all of the other hotels in this area. So there's tremendous demand to stay here, to come here, and that certainly makes a case for expanding the hotel.

Q: Back to concerts. Are you a music fan?

A.: Yes, I'm a music fan. I like all kinds of music. I like country music, I like rock, I like soul music, I like jazz, and I like classical music. You know, people have been talking about the concerts that do really well here, and, you know, building on that concert experience, concerts --

Q: That's honestly one of my number of concerns. I like covering concerts here and I know Henry is a big music fan, so I want to see the concerts continue.

A: I'm a music fan. They will continue. What kind of music do you like to listen to?

Q: Pretty much everything you listed. Probably, primarily country, Americana, but I like a broad range. And one thing I've got to ask -- Buffalo? Rick James?

A: Definitely a Rick James fan, 100 percent.

Q.: I have almost everything he has on vinyl. I'd love to see the Stone City Band here sometime.

A: You know, I used to be a DJ in college, so I also have a pretty significant collection of vinyl. And so I have a number of Rick James albums. 

Q: That's great. 

A: You might even see me do some DJing here.

Q.: Oh, really?

A: Yeah.

Q.: Okay, that'd be great. When you do that, I gotta come down here and get some pictures. Come down and hang out, too.

We probably already touched on this, but I'd say specifically, more than on the legislative side, just as the operation of primarily Batavia Downs, but in general, are there other ideas that you have yet that you want to pursue?

A: It's a complex operation. There are a lot of good things that are happening out here. Three restaurants that do very well. I've eaten in all of them now. The food is very good. The service is excellent. I think about that very famous commercial, 'We don't want you to just like coming here. We want you to love coming here.' The hospitality is great here. The people in almost every facet of this operation are warm, friendly, and welcoming, and I think that translates to success.

I think, you know, building on the events that take place here and businesses being able to hold retreats here, there are a lot of things that can be done to bring more people here. I know coming up, Roswell Park Comprehensive Cancer Center is going to have a major event here. I think getting more events like that from corporate organizations at the facility is something that can be done. They're currently working on that. I look forward to working on that with my new colleagues. So I'm very impressed with the hotel and the operation. They call it a luxury boutique hotel. In my capacity, I've stayed in hotels all over the country, and it's a beautiful place. It's a beautiful space. It's comfortable, and it's a really nice stay. And I think, you know, the more people see what Batavia Downs has to offer, the more they'll want to come here.

Q: Henry's controversial figure. What's your estimation of how he's run the Batavia Downs? Do you think there are issues there with him? What's your estimation?

A: I did not know a lot about Batavia Downs before I applied for the position. To me, the talk about controversy is very new. Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel). I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities.

My goal will be to continue that profitability and grow that profitability. I will look at all of the issues that people have talked about in terms of their concerns about the operation and will be transparent in the management of the operation, but at the end of the day, this is a gaming resort-type business. It's got many competitors, and it has to be run like a business. It has to compete like a business so that it can earn the money that the business is expected to earn. So, my focus will be on business. Sound, management and no involvement with with politics whatsoever. I think the controversy is bred by Republican-Democratic politics. I'm not coming here to be a politician. I'm coming here to be a focused business executive. And that's that will be what I do,

Q.: That overlaps with the other question I planned to ask you. There are people, even in Erie County -- I'm sure you've seen the story -- who say you're a political appointment. What's your response to that?

A: Well, no, I'm not a political appointment. No, no. Political person. Well, let me say this: I'm not a political appointment. I had to apply blind. I had to go through a number of interview processes. I had to present credentials. I had to go through a background check, and there were 17 board members that had to evaluate my credentials and make a decision unanimously to hire me. That is not a political appointment. The appointment is based on the board, and its 17 members have confidence that I can do this job. My focus is going to be on the business of Western Regional Off-Track Betting Corporation without concern for politics of any kind.

Q.: I think it's Sean Ryan, Senator Kennedy, and Kevin Hardwick, the comptroller. I don't pay that close attention to Erie County politics, but at one time or another, I know at least Kennedy and Hardwick have, and I think Sean Ryan has -- They've called this organization corrupt. Is that a characterization you agree with? Is that a fair question? If that's not a characterization you share, how would you push back?

A: You know, I would say that in particular, Senator Kennedy and I are very close now, Congressman Kennedy; we've worked very closely on many, many things over the years. I can't go back to what people are talking about. I don't know of those things. I can only go forward, since I've been here with all of the documents I've been able to read and review, and it's voluminous, the meetings that I've been able to sit in with various staff, I see a sound operation that is well run. There are some different things that I would do. I certainly will try to erase that perception from everybody's mind. But I haven't seen since I've been here any evidence of (corruption).

Q: So, again, this goes with representing the feedback I get in the community. There's long been an accusation that Batavia Downs was a Republican patronage job. When the board changed to weighted vote, one of the first speculations was that Democrats want to make this a place for a Democratic patronage job. That usually is the biggest concern, say, with middle management. Do you have plans to make changes in middle management? Will party affiliation play any role in who you hire?

A: People's party affiliation and people's last names are of no concern to me. People's performance and qualifications are what I am concerned about. So if the employees here are performing well, we certainly want to see them stay. Anybody applying to come here, if they're qualified for the positions that they're applying for, should be considered. But party affiliation, last name, who's connected to, who? I'm not going to get into that at all.

Q: Okay, so that leads to my next question. It has been reported that there's an issue with Henry's son being hired. Do you have any concerns about him being hired here at his current job, and what's your position on him maintaining employment?

A: Again, the last names of employees that are here are of no consequence to me. I'm focused on the performance of every employee, and as long as the employees here are performing their job duties as expected, then they will be welcome members of this team.

Q.: Do you think there's anything inappropriate about his son getting a job here?

A: Again, I don't know the circumstances around that. I haven't even met the young man yet. So you know, my goal is to go forward, to evaluate performance, to evaluate the effectiveness of employees, and if people are performing their jobs properly and are effective in their jobs, that's my only concern. other

Q.: Another issue that's been raised is Henry getting lifetime health insurance. Do you think that's an issue?

A.: Again, whatever his benefit package was and whatever his benefits are in retirement, those are decisions that have been made by the board of directors. As the incoming president and CEO, those are not decisions that I have the ability to make, and I would suspect if the board made those decisions, they were within their right to make them.

Q.  This is pretty much my last question. I know this has been people talking around the community, including elected leaders, concerned that with the change to weighted voting for the board and the Democrats gaining more control, the real end game is to eventually sell this to Delaware North or the Senecas. Have you heard that? Do you have any response to that? What is your position on that?

A.: I have not heard anything like that. Again. This is a very profitable operation. It is a corporation that provides proceeds to 17 member municipalities. There are plans that I have seen to increase the revenues that go to 17 member municipalities in Western New York. And I wouldn't want to see anything happen with the organization that would financially disadvantage 17 municipalities in the state of New York.

Q: (After the recording was off, Byron Brown mentioned plans for a trip to Albany, so we asked him to explain it on the record.)

A: Albany? It's the New York Gaming Association Board meeting. So we'll attend with Henry. We'll see how the board meeting works. We'll meet some of the members of the board, and then we'll try to have some other meetings in Albany while I'm there just to hit the ground running. This is my second day; it's been a lot. There are a lot of lot of meetings, a lot of briefings, lot of stuff to read, and I'm looking forward to going to Albany to the New York Gaming Association meeting

Q.: While we're recording again, is there an excitement about being here? Is it a change you're excited about?

A.: I like the place. I'm excited about it. I'm excited about what the future holds for the place. I'm excited about what I think I can do to grow revenue, to grow excitement, to grow awareness of Batavia Downs. You know, I've looked at some demographics to see where customers come from. I think, you know, a lot more people could come from Buffalo and in Erie County. So certainly, I have some ideas on how to get more people to come here and enjoy what I think is a great experience.

In a press conference in Buffalo at 5 p.m., Mayor Byron Brown confirmed that he is stepping down as mayor in order to become the president and CEO of Western Regional Off-Track Betting.

The announcement comes less than a week after the OTB board unanimously approved a contract offer for Brown that will pay him an annual salary of $295,000.

Brown will replace Henry Wojtaszek, who has overseen record revenue growth and profits for the 17 municipalities that own the OTB in recent years. His final day with the OTB is Dec. 31. 

Brown said he will retire in the coming weeks without a specific date. His start date at Batavia Downs has not been announced.  Board President Dennis Bassett said on Thursday that he expects Brown to start before the end of the year so he can learn about his new role from Wojtaszek.

Bassett praised Brown as the most qualified candidate from a pool of applicants from throughout the United States and from overseas.

"We think that we have done a thorough job to get where we are today," Bassett said on Thursday. "The success we had and what we need for tomorrow to continue our success. And I cannot say it enough that we are extremely fortunate to get an individual like Mayor Byron Brown to lead this organization after the job Henry Wojtaszek has done. I think we've just been extremely fortunate. And we look to continue to grow. We look to continue to venture into things that we have not ventured into before."

The 65-year-old Brown became Buffalo's mayor in 2006. He served in the state Senate from 2001 to 2005. He was a member of the Buffalo Common Council from 1996 to 2001. He has a dual bachelor of arts degree in political science and journalism from Buffalo State College.  He worked in sales for a year at Bristol-Myers before starting a legislative staff career. 

Wojtaszek's most recent annual salary is $299,000.

One of the primary expectations for Brown as he steps into the new leadership role is to open doors in Albany so that Batavia Downs can grow its business. Bassett has expressed interest in sports betting, online betting, and table games, all potential revenue sources that the state has denied Batavia Downs so far.

"Brown expressed to us that he's taken over a position now that he's managing a corporate entity, and he's looking to make sure that we run this organization in a corporate way and not in a political way," Bassett said.

At Monday's press conference, Brown did not discuss any aspects of his new job or what he hopes to accomplish.  He expressed his pride in Buffalo, the job that leadership has done together, especially during recent tough events, and expressed optimism about the city's future.

The Western Regional OTB Board of Directors on Thursday morning, by unanimous vote, approved a contract offer to Buffalo Mayor Byron Brown to become the next CEO and president of the OTB.

Brown will receive a salary of $295,000 in the first year, with the possibility of incentive bonuses. The contract will have an annual renewal clause, said Board President Dennis Bassett.

Bassett declined to release copies of the 18-page contract to the press until Brown signs it.

Brown is expected to announce his future plans next week, a spokesman for the mayor's office said.

"We have a unique situation here at Batavia Downs where we have harness racings, we have a casino, we have gaming, we have a number of different avenues in which we endeavor to make sure that we do well," Bassett said when asked to defend the size of the salary. "I'm not so sure that other areas that are in this business have as diverse and as complex an operation as we do here in Batavia Downs, so we think that for what we are asking our new president and CEO to do, that he is being paid comparable."

Henry Wojtaszek, the outgoing CEO and president, makes $264,898.

The 65-year-old Brown became Buffalo's mayor in 2006. He served in the state Senate from 2001 to 2005. He was a member of the Buffalo Common Council from 1996 to 2001. He has a dual bachelor of arts degree in political science and journalism from Buffalo State College.  He worked in sales for a year at Bristol-Myers before starting a legislative staff career. 

After Thursday's meeting, Bassett reiterated previous statements that Brown was hired primarily because of his extensive legislative background and productive relationship with key powerbrokers in Albany.

"We hope that Mayor Brown's influence and his knowledge of the individuals who work in that environment will help us open doors that we haven't been able to open before," Bassett said.

The OTB is interested into expanding operations into other ventures, such as sports betting and online betting.  Bassett has expressed concern that Wojtaszek, a Republican disliked, it seems, by at least some key Democrats, wouldn't be effective in lobbying on behalf of the OTB on those issues.

"The thing that is important for all thriving institutions is change," Bassett said. "Change is good, and change is inevitable, and the most important thing around change is how you manage to change, how you deal with the change. We think that we have done a thorough job to get where we are today, the success we had and what we need for tomorrow to continue our success. And I cannot say it enough that we are extremely fortunate to get an individual like Mayor Byron Brown to lead this organization after the job Henry Wojtaszek has done. I think we've just been extremely fortunate. And we look to continue to grow. We look to continue to venture into things that we have not ventured into before."

Batavia Downs is on pace for its third consecutive year of record revenue and record payouts to the 17 municipalities that are OTB's owners.

As for potential bonuses for Brown, Bassett indicated that the pending contract does not include specific language. The board will develop incentive criteria and the nature of the incentives.

Before Brown can sign the contract, the state's gaming commission must issue him a license to run a gaming operation. Wojtaszek's last day with the organization will be Dec. 31.  Bassett said he expects Brown to be able to start his new job before then and enter into a period of training by Wojtaszek.

When the board agreed over the summer to buy out Wojtaszek's contract, they also voted to buy out the contracts of CFO Jackie Leach and VP of Operations William White.

Bassett said Brown, who has spent nearly all of his professional career as a public servant, is ready to step in and run Batavia Downs like a business.  To that end, he expects whoever Brown hires to fill those vacancies to be based on business qualifications and not political affiliation.

"Brown expressed to us that he's taken over a position now that he's managing a corporate entity, and he's looking to make sure that we run this organization in a corporate way and not in a political way," Bassett said. "And that's a big 'a-ha,' because I've been on this board 14 years, and I can honestly say, as much as you (the press) may not believe me, the decisions that we've made in this room have never been political," Bassett said.

Bassett noted that for the majority of his tenure on the board, he's been a member of the minority party and only after voting rules were changed did he join the majority (weighted vote based on population). Bassett is a Democrat. Until the change in weighted voting, the large majority of the board were the Republican-run municipalities.

"I have never felt slighted. I have never felt disadvantaged. You know why? Because on this board, we make business decisions," Bassett said. "We make business decisions for 17 municipalities because they're interested in whether we are going to write them checks at the end of each month, and we continue to write them record-breaking checks each and every month, and that's what I'm most proud of."

The search for a new president and CEO of Western Regional OTB is well underway, with the field of global candidates getting narrowed, and the expectation Henry Wojtaszek's replacement is announced before the end of the year, Dennis Bassett told reporters on Thursday.

The discussion with reporters came at the conclusion of the OTB's monthly board meeting at Batavia Downs.

"The search is moving; it is moving along actively, and we're doing our due diligence," said Bassett, chairman of the OTB board.

"We have narrowed the field down," he added. "I'm not going to say how many we have now but we've gone through a step process with the first wave of applicants, narrowed that down, did another perusing by the committee, narrowed that down, and now we're not far away from being able to make some decisions."

Bassett said that when the field is narrowed sufficiently, the entire OTB board will be involved in the candidate interviews, and the board will make the final decision on which candidate to hire.

At its June meeting, the OTB board authorized the buyout of employment contracts for Wojtasek, CFO Jackie Leach, and VP of Operations William White. In the same resolution, the board authorized Bassett to form a CEO search committee.

On Thursday, Bassett said the committee received resumes from applicants that is global in scope, but among the criteria the committee is using to screen candidates is knowledge of the regulatory, legislative, and political landscape of New York.

"One of the key ingredients is knowledge of the New York politics, knowledge of the New York Legislature, how you can work your way through the maze, and how you can help us shed a better light on OTB," Bassett said. "Because one of the key things that I have seen is that we need to do a better job of making sure that the people in Albany know what we're doing and that they look upon WTB as a positive because no one ever asked me, 'are you guys making any money?' In the last two years, we have had record earnings. We are on track to have our third consecutive year of record earnings. No one asks me those questions. No one wants to know. No one wants to see that we're a very successful corporation."

Erie County media has repeatedly speculated on whether Buffalo Mayor Byron Brown would be a candidate for the job. Bassett suggested Brown hadn't applied but then took it back, saying he wouldn't discuss specific candidates.

"I've heard that speculation, too," Bassett said. "If Byron Brown is interested, he'll put his name in," but added that the resume process is closed now.

Asked, "Are you suggesting he has not applied for the job?"

"I'm not suggesting anything like that," Bassett said.

Asked later in the conversation if Brown had applied, Bassett said, "I'm not going to give any answer about our applicants. I'm not going to answer about who has applied for the job, whether it's Byron Brown or anyone else. It's unfair to any candidate to give a name because the candidates who have applied for the job have a job. If I give their name and they don't get the job, how do they go back to their employer and say, 'Well, I was out fishing, and I didn't catch any fish, so I'm back. I'm back, coming to work today.'"

Bassett, a Democrat who represents Monroe County, said he recognizes the need to move quickly if OTB is to have a new CEO in place before Dec. 31, Wojtasek's last day of employment. 

Part of what drives the need to move quickly is at the executive level. For some employers, a mere two-week notice isn't sufficient. An executive may need to give a 30-day notice.

"That's why I have been very keenly aware that we have to move swiftly to try and get through this search process," Bassett said. "The longer you wait, the tougher it is. You don't have good candidates hanging on the fence. We've tried to be very crisp, we've tried to be very thorough, and we've got a very metrics-driven process that we're using, and I think it's working well. The board is going to have some good candidates in front of them for the interview."

Whoever is eventually hired, Bassett suggested, will have big shoes to fill.  Wojtasek is popular with staff, with customers, and has delivered record-breaking results in recent years.

"I have a great working relationship with Henry," Bassett said. "I applaud him and will continue to sing his praises because he's been great to work with. He's been great with the employees. He's been really great with this board. So Henry's electing to leave. Henry is looking for a different challenge. And quite honestly, what better way to leave than leave on top? And I've got to give him his props."

Contrary to an assertion by Dennis Bassett, chairman of the board for Western Regional OTB, Erie County officials believe a request to add an Erie County representative to the CEO search committee is timely.

On Wednesday, The Batavian received a copy of a letter sent by Erie County Executive Marc Poloncarz to Bassett asking that Timothy Callan, currently representing Erie County on the OTB board, be appointed to the board.

On Tuesday, Bassett told The Batavian he wasn't going to add Callan to the committee because he has confidence in the current committee as it is comprised, and too much progress has already been made in the process.

A spokesman for Poloncarz, Peter Anderson, claimed Erie County wasn't informed a search committee was formed until this past week.

"This request is not late," Anderson said in response to a set of email questions from The Batavian. "Dr. Callan was only informed of the hiring process at last week’s OTB meetings, and he briefed the County Executive earlier this week. The process has been opaque to many of the corporation’s directors, including Dr. Callan."

However, at OTB's June meeting, Callan was present and cast a vote opposing negotiations to buy out the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White. That resolution also authorized Bassett to form a search committee.

The Batavian recorded the motion's reading at the June meeting, which was read by Elliott Winter, Niagara County's representative on the board. The motion states, "Dennis Bassett is authorized to execute the renegotiation contracts for the corporation and to immediately assemble a search committee."

Callan's "no" vote is also recorded, confirming his presence at the meeting.

Anderson did not respond on Thursday for clarification of his response, given the contradiction in timelines.

The letter from Poloncraz touted Callan's high-level government experience as a qualification for inclusion on the committee but did not specify any private-sector business experience.

Anderson said there is no need for business experience to hire a chief executive.

"Erie County is a nearly $2 billion annual operation, which Dr. Callan has overseen both as deputy budget director and deputy comptroller," Anderson said. "Western Region OTB is not a private business and is, in fact, an NYS-regulated public entity. It is ludicrous to insinuate that a lack of private-sector business experience precludes Dr. Callan from the search process."

More than $1 billion passes through Batavia Downs annually, generating more than $86 million in revenue and leading to a profit of more than $10 million paid to municipalities.

Bassett has repeatedly promised, as board chair, to run Batavia Downs as a business, given the importance of its remaining competitive in the marketplace, so it can continue to generate profits to the benefit of its shareholders (the municipalities).

In early July, Bassett told The Batavian, "There are a number of municipalities that need Batavia Downs to be successful," Bassett said. "I mean, their budgets need for us to continue to generate revenues for them so we can help them do things that they would like to do in their own municipalities. They are not interested in us playing politics. They need for us to make good business decisions. As long as I'm the board chair and I will be chair for the next three and a half years, we are going to look at the right business decisions and how we can move this organization forward. And that's not going to be politically motivated."

Bassett, a Democrat representing Monroe County on the board, has a solid business background. In 2021, he retired as the director of Customer Operations at Ortho Clinical Diagnostics in Rochester. He's held various executive-level positions at Bausch and Lomb and Eastman Kodak Company.

The Batavian suggested that Poloncarz’s letter could be read to express a lack of confidence in Bassett and that he wasn't qualified to run the search committee. We asked what defect with the current committee Erie County is trying to cure with its request.

"The current committee lacks representation from the corporation’s largest member, Erie County," Anderson said. "As noted above, Western Region OTB is public, quasi-governmental entity, and Dr. Callan is a known subject matter expert in governmental management and financial procedures."

On Wednesday, Bassett said Callan will participate in the hiring process when he votes on a candidate to fill the CEO role.

Bassett has pledged not to let politics enter into the CEO hiring process, even promising not to inquire about the party affiliation of candidates. The Batavian asked Anderson if Poloncarz/Callan/Erie County was willing to make the same pledge.

Anderson did not make such an explicit pledge, and he did not respond to a follow-up email requesting a more explicit pledge.

He said in his first response, "Erie County’s objective is to find the most qualified candidate possible to lead Western Region OTB for the purposes of maximizing returns to the taxpayers of Erie County. Period."

After the June meeting, The Batavian emailed Callan to ask him why he voted against the buyout/search committee resolution, and he did not respond. So we asked Anderson why Callan voted against it.

"There continue to be outstanding legal and ethical questions regarding the golden parachutes authorized for Henry Wojtaszek and other senior Western Region OTB officials," Anderson said. "Such buyouts are not considered a best practice and, in fact, are illegal for NYS ABO-regulated entities."

Bassett, under the advice of the OTB legal council, has publicly stated that Western Regional OTB is not an NYS ABO-regulated entity. 

Anderson is apparently referring to NYS Public Authority Law Section 43-A, which deals with severance packages for at-will employees of public authorities and limits the payout of any severance to three months of salary.

Bassett said Western OTB is a public benefit corporation organized under the NYS Racing, Pari-Mutuel Wagering and Breeding Law and, therefore, not subject to the Authority Law. 

"The severance pay limits only apply to employees under Chapter 43-a," Bassett said. "The same is true of Henry Wojtaszek. As such, the New York State Severance Pay Limitations Act does not apply to Mr. White Miss Leach or to Mr. Henry Wojtaszek."

Anderson said the payouts are not a "best practice" in the business world. Bassett, with 51 years of corporate experience, says they are. (This reporter has received two contract buyouts as an executive with corporations during his career, and in both cases, when adjusted for inflation and relative executive positions, they were comparable to the buyouts offered to the OTB executives.)

In New York, all authorities, not just OTBs, similar to private businesses, are authorized, if not expected, to operate as businesses and follow standard business practices based on a ruling in a 1958 lawsuit, Civil Service Forum vs. New York City Transit Authority.

Authorities have the power to do all things "necessary or convenient to carry out its purposes," and "unlike other agencies performing governmental functions, (the authority) is required to run the transit system like a business, in that its facilities must be operated on a self-sustaining basis. Recognized business practices should be permitted."

In 1976, the Office of the Comptroller issued an opinion regarding the Suffolk Regional Off-Track Betting Corporation and came to the same conclusion. 

The establishing statute for OTBs gives the board the power to "appoint officers, agents, employees ... and to fix their compensation ... and to "make contracts ... and execute all instruments necessary or convenient to accomplish its corporate purposes."

In a follow-up email, The Batavian asked Anderson to address contradictions between his statement and the evidence of standard business practices, as previously reported, but he has not responded.

The search process for a new president and CEO of Batavia Downs is too far along to add another board member to the search committee, said Western OTB Board President Dennis Bassett in response to an inquiry from The Batavian.

Erie County Executive Marc Poloncarz sent a letter to Bassett on Wednesday, which a Poloncarz spokesman shared with The Batavian, asking that Timonty C. Callan be added to the search committee.

Callan is Erie County's deputy comptroller and Erie County's representative on the OTB board. He has been kept apprised of open and closed sessions, which Bassett agreed, gave Callan every opportunity over the past few months to request inclusion on the board.

"I have worked hard to put together a search committee over several sessions and I feel comfortable that we have a solid process in place," Bassett said. "I have shared with the entire board and kept the board apprised of our progress. The board is the final decision maker of who we elect to be president and CEO."

He added, "I don't think at this late stage should change players or add more players to the search committee. I'm going to stay with the team that I have."

In his letter, Poloncarz suggested Callan should be appointed because Erie County is the largest weighted voting member of the OTB board.

Poloncarz also seems to indicate he doesn't have confidence in the current search committee.

"Filling such a critical role requires a serious regional and nationwide search to find a skilled, reform-minded individual who can lead OTB into the future as the organization competes against the rapid growth of online sports betting and the decline of the horse racing industry," Poloncarz wrote. 

He touted Callan's background in government service but did not mention any qualifying business experience.

"Dr. Callan's expertise and experience, including as the executive director of my transition team and participation on the search committee to hire the new State University of New York at Erie Community College president, make him well suited to enhancing and professionalizing your search," Poloncarz wrote. "Not including Dr. Callan in your search process not only does a disservice to all the members of OTB, but to the taxpayers of every constituent municipality."

Bassett said he wouldn't speculate on why Poloncarz would weigh in on the composition of the search committee so late in the process.

"I really want to deal with facts and want to make sure we stay steadfast, that our process has transparency, that we go through our process and put the right candidate in front of the board and then vote on who is the most qualified individual," Bassett said.

"I took great care," he added, "to select board members who would aid this process, and I thought I did a pretty good job of that. Though he wasn't on the selection list, I respect Mr. Callan's opinion, and he will, as a large voting block of the board, have a chance with the board to decide who is the next president and CEO."

In an exclusive interview with The Batavian in early July, Bassett promised that there would be no politics in the hiring process of a new CEO. The search process is focused entirely, he said, on hiring the right business person with no regard for political affiliation. 

"We are looking for people who can take Western OTB to the next level," Bassett said during that interview. "Henry Wojtaszek is on the right side of the aisle, and I'm on the left side of the aisle. I have the utmost respect for Henry Wojtaszek and the way he ran this organization. We're looking for solid business people."

Bassett, a Democrat representing Monroe County on the board, has a solid business background. In 2021, he retired as the director of Customer Operations at Ortho Clinical Diagnostics in Rochester. He's held various executive-level positions at Bausch and Lomb and Eastman Kodak Company.

"I have been a part of several high-level searches of senior executives in my 51 years in corporate America and on boards outside Western OTB, and I think we are capable of conducting a national search in a very timely and effective manner," Bassett said earlier this month.

The other committee members are Mike Horton, Steuben County; Mark Burr, Cattaraugus County; Ed Morgan, Orleans County; and Elliott Winter, Niagara County. 

While Batavia Down's revenue and returns paid to municipalities have grown substantially during Henry Wojtaszek's tenure as president and CEO, the period has also been striven with controversy, from questions about health care plans for OTB board members, the distribution of tickets to sporting events, and Wojtaszek's bookkeeping for a company-provided vehicle.  Wojtaszek has said in numerous interviews over the years that these issues have been resolved or corrected.

At a June board meeting, the majority of board members backed a resolution to provide Wojtaszek, CFO Jackie Leach, and VP of Operations William White with severance packages. This is essentially a buyout of contracts that will terminate their employment before the previously negotiated employment contracts expire.

The lone no vote to terminate the employment contracts early came from Callan, which is a vote he has not explained and he did not respond to an email from The Batavian in June asking that he explain the vote.

Erie County Democrats have claimed the contract buyouts violate state law, but Bassett has previously explained that they are citing the wrong section of New York authorities law, and the buyouts under the enabling legislation for OTB make the buyouts legal as a standard business practice. 

Board President Dennis Bassett said on Wednesday that he will no longer require people attending Western Regional OTB meetings to recite the Pledge of Allegiance.

"I would like to say I erred and that I respect the First Amendment," Bassett said.

His decision to tell attendees that they needed to stand for the pledge and place their hands over their hearts or leave the meeting was something he had "no right to do."

"I'm just trying to be a good board chair and I made a mistake," Bassett said. "Not respecting the First Amendment was a mistake on my part."

The Pledge of Allegiance was written in 1892 by the socialist minister Francis Bellamy, who lived from 1855 to 1931. It was first published in The Youth's Companion later that year.

The Youth's Companion promoted the placement of flags in classrooms and placed more than 26,000 of them in classrooms near the close of the 19th Century.

The pledge wasn't included in the U.S. Flag Code until 1942.  Prior to World War II, students were encouraged to recite the pledge at school with a hand raised toward the flag.  During the war, citizens realized the salute was too similar to a Nazi salute, and the practice of placing the right hand over the heart began.

In addition to First Amendment concerns, requiring people to leave a public meeting for anything other than a closed session or disruptive behavior violates the state's Open Meetings Law.

There will be no political considerations in the search for new executive leadership of Western Regional Off-Track Betting, said Board Chairman Dennis Bassett on Friday afternoon in an interview with The Batavian.

The Batavian asked about political considerations in searching for a CEO to replace Henry Wojtaszek. We asked if there will be a background check on candidates' voter registration or if candidates would be asked to disclose if they are members of a political party.

"I can say, unequivocally, they will not," Bassett said. We are looking for people who can take Western OTB to the next level. Henry Wojtaszek is on the right side of the aisle, and I'm on the left side of the aisle. I have the utmost respect for Henry Wojtaszek and the way he ran this organization. We're looking for solid business people."

At the June board meeting, the majority of board members backed a resolution to provide severance packages to Wojtaszek, CFO Jackie Leach, and VP of Operations William White. This is essentially a buyout of contracts that will terminate their employment before the previously negotiated employment contracts expire.

Bassett became chairman of the board in October for a four-year term after the state legislature approved a bill terminating the board members at the time and giving greater voting power to the representatives from Monroe, Niagara, and Erie Counties, relegating the rural counties to minority status on the board.

There are 17 municipalities, including Genesee County, that co-own the OTB and receive revenue from the gaming operation's profits. The operation includes harness racing and video lottery terminals at Batavia Downs and remote facilities where race fans can place bets.

"There are a number of municipalities that need Batavia Downs to be successful," Bassett said. "I mean, their budgets need for us to continue to generate revenues for them so we can help them do things that they would like to do in their own municipalities. They are not interested in us playing politics. They need for us to make good business decisions. As long as I'm the board chair and I will be chair for the next three and a half years, we are going to look at the right business decisions and how we can move this organization forward. And that's not going to be politically motivated."

Bassett has selected the executive search committee, and the members represent a balance between urban and rural municipalities.

The members are Mike Horton, Steuben County; Mark Burr, Cattaraugus County; Ed Morgan, Orleans County; Elliott Winter, Niagara County; and Dennis Bassett, city of Rochester.

The committee will meet soon to establish the qualifications and experience they seek in a new CEO.

"I have been a part of several high-level searches of senior executives in my 51 years in corporate America and on boards outside Western OTB, and I think we are capable of conducting a national search in a very timely and effective manner," Bassett said.

Bassett suggested that politics played a role in buying out Wojtaszek's contract.

Wojtaszek has been singled out by political opponents in Niagara and Erie counties, most notably former State Sen. George Maziarz, who was once passed over for the CEO job. 

Several controversies have surrounded Western OTB in the past few years, including questions about health care insurance for OTB board members, the accounting of VIP tickets for sporting events in Buffalo, and Wojtaszek's use of a take-home vehicle.

The newest controversy involving Wojtaszek is the severance package he, Leach and White received.  An online news source in Buffalo published a one-sided report that apparently wasn't fact-checked, quoting Erie Democrats alleging the severance packages were illegal.

Bassett also addressed these latest allegations in his interview with The Batavian.

Reading from a statement prepared by OTB Attorney Terry Connors, Bassett made three points:

• The allegations were based on a reading of NYS Public Authority Law Section 43-A, which deals with severance packages for at-will employees of public authorities and limits the payout of any severance to three months of salary. The law, he noted, explicitly excludes entities such as Western OTB that were not created under that statute.
• Western OTB is a public benefit corporation organized under the NYS Racing, Pari-Mutuel Wagering and Breeding Law;
• So, the Public Authority Law does not apply to Western OTB and severance payouts.

"The severance pay limits only apply to employees under Chapter 43-a," Bassett said. "The same is true of Henry Wojtaszek. As such, the New York State Severance Pay Limitations Act does not apply to Mr. White Miss Leach, or to Mr. Henry Wojtaszek."

State law and prior case law, notably Civil Service Forum vs. New York City Transit Authority, a 1957 case, gives government entities in the state, such as authorities and public benefit corporations, the ability to operate as any American corporation would, offering competitive benefits, perks, and incentives to employees and board members, and to do "all things necessary or convenient to carry out its purpose." 

The court found that "unlike other agencies performing government functions, (it) is required to run the transit system like a business, in that its facilities must be operated on a self-sustaining basis. Recognized business practices should be permitted."

This is also why the health care benefits once provided to board members were not illegal.

The severance packages to Wojtaszek, Leach, and White:

• Wojtaszek will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary.  He must also agree not to take a job or engage with any other entity in the gaming business through 2026.  
• Leach will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. She will be paid half her annual salary for the remaining time on her employment contract.
• White will continue working through April 30.   He will use up any remaining sick leave and vacation time at that time. He will receive half of a full year's salary.

Bassett said these severance packages are right in line with common business practices in corporate America.

"I would say that, in my 51 years of corporate America, this is (in line with standard business practice)," Bassett said. "What a business is trying to do is, we're talking about an individual, these individuals, who were really a part of a very successful business. And right or wrong, we are trying to move the needle forward in a positive manner. And I would be less than honest if I didn't say that, yes, politics gets in the way of that. But we are running this organization. As long as I'm on the board, we will run it as much like a business as we can. I felt, and I convinced the board, that it's important for us if we're going to face the challenges of tomorrow, we need to move forward with new leadership. We and we rewarded, or we didn't reward. Yes, we did (reward). We addressed situations of people who were very successful in helping this organization go to the next level. Over the last two years, we had record earnings."

The Western Regional OTB Board of Directors passed multiple resolutions at its regular meeting on Thursday.

Highlights:

• Hire Kim Crawford at a cost of $155,661 to maintain the race track in 2024 and 2025, which includes resurfacing, rebanking, and maintaining the track at the highest possible level. The contract runs July 27 through Feb 27 (72 live race dates) and July 26, 2025 through Dec. 6, 2025 (56 live race dates).
• Contract with Quality Inn and Suites, 8250 Park Road, Batavia, to provide four units at the hotel to accommodate up to nine groomers, required under an agreement with the New York Horsemen's Association, at a cost not to exceed $40,000. Quality Inn and Suites was the only hotel in the area that responded to a request for proposal.
• Contract with the Genesee  County Sheriff's Office is to provide law enforcement officers with assistance with security at Batavia Downs from June 1 to May 31, 2025, at a cost of $150,000.
• Contract with Batavia PD to provide law enforcement officers for additional security at the concert venue on concert nights, June 10 through Aug. 31, for a cost of $35,000.
• In order to provide additional parking for customers, contract with DAB LLC to allow parking in the former Kmart parking lot at a cost of $80,000.

CEO Henry Wojtaszek's departure from Western Regional OTB really is a decision rooted in consensus with the Board of Directors, he said on Thursday evening, hours after the board voted 14-1 to buy out his contract

His last official day with the company will be Dec. 31.

"For my part, this is something I've discussed with a few members for a few months," Wojtaszek said.

The Batavian asked if he would further explain his decision and he declined to elaborate.

There have been rumors that he intended to run for elected office in Niagara County.  He said that's not his intention at this time.

"You know, people have asked me about that many times," Wojtaszek said. "I really have no idea at this time what I'm going to be doing. Like I told people today, I plan to practice law. That's what I did before. I came here, and I was general counsel first. So, I plan to do that. Anything other than that, we will deal with it at the time."

Wojtaszek started with the company in 2010 and became CEO in 2016.  His salary is $264,898.

The agreement approved by the board provides Wojtaszek with a full year's salary, to be paid out on Dec. 15. 

In the same motion that signaled the eventual end of Wojtaszek's career with the OTB, the board also approved buyouts for CFO Jackie Leach, and VP of Operations William White.

They will each receive a half-year's salary, paid out on Dec. 15 also, at the end of their employment in 2025.

Previously: OTB board votes to buy out contracts of top three executives

In a regular monthly meeting on Thursday, the board of directors for Western Regional Off-Track Betting voted to buy out the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White.

The board called the buyout a "renegotiation." 

Board President Dennis Bassett issued a press release after the meeting stating, "We have mutually renegotiated these contracts in the best interest of each individual and our corporation."

The statement characterized it as an "amicable separation."

In a statement issued after the meeting,  Wojtaszek said:

I’ve enjoyed my 15 years here at Batavia Downs, and I want to thank the board and all of our 400 employees for their support.  My focus now will be on ensuring a seamless transition to new leadership.

I see a great future for this organization as they build upon many of our accomplishments that have made Batavia Downs a first-class entertainment venue.   

After the meeting, when asked if this change in job status didn't constitute a firing, Basset said, "It's at their request."

He also said there was no political pressure to status change.

"We don't run this organization based on politics," Bassett said. "This is a business. There's no political pressure here to do anything."

Wojtaszek started with the company in 2010 as general counsel and became CEO in 2016.  His salary is $264,898.

Under the terms of the agreement with Wojtaszek, the CEO will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary.  He must also agree not to take a job or engage with any other entity in the gaming business through 2026.  Other benefits due to Wojtaszek will be resolved through negotiations.

Leach started working at Batavia Downs in 1989 as a staff accountant and earns $221,582 as the chief financial officer. She will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. For the remaining time on her employment contract, she will be paid half her annual salary.

White was named VP of administration in 2012. His salary is $155,168.

He will continue working through April 30.   At that time, he will use up any remaining sick leave and vacation time. He will receive half of a full year's salary.

The resolution authorizing the "negotiations" authorizes Bassett to form a search committee for new executives.

The resolution passed 14-1, with Tim Callan, representing Erie County, casting the lone no vote. The seats for Seneca and Wayne counties are currently vacant. Genesee County's representative, Charles Zambito, voted yes.

After the vote, Board Member Vincent W. Horrigan, of Chautauqua County, said, "This cooperation, in my short time here, has achieved incredible results and performance for the counties for the state. That doesn't just happen. It's an incredible leadership team that made that happen. And I would just like to acknowledge the leadership team. They have done absolutely incredible work. Intentions are important, but results are to be congratulated."

Immediately after the meeting, Zambito declined a comment request.

While OTB's revenue and payments to the shareholder municipalities have grown significantly over the past decade, Batavia Downs has been the target of complaints about some of its business practices in recent years.

In November 2023, Western OTB protected $86.4 million in net revenue from racing and gaming operations for the year.  The 17 municipalities that own businesses were set to receive more than $10 million in distributions.

A decade and a half ago, the NYS Comptroller's Office issued a report that expressed concern that OTBs in the state, including Western OTB, were on the brink of failure. Since then, Batavia Downs has expanded gaming, added a concert series, remodeled its event space, started hosting more events, built a hotel, added two new bars, and remodeled its restaurant, with most of that business expansion coming in the past eight years.

The board came under fire for health insurance coverage members received based on a 2008 NYS Comptroller's report that seemingly contradicted previous comptroller's reports.  The report, which is no longer online, reportedly said Western Regional OTB wasn't permitted to provide free health care coverage to board members, even though two prior audits, state law, and case law supported the ability of government agencies that operated as businesses, such at Western Regional OTB, could in engage in standard business practices.

It's common in corporate America to provide health care, along with other compensation, to board members.

Attorneys for Western OTB said providing health insurance was legal, but an outside council hired to review the issue recommended that the board rescind the health insurance perk, which it did in 2021.

In another Comptroller's Audit, the agency found that OTB engaged in poor record keeping for how perks, such as tickets to Bills and Sabres games, along with other events, were distributed to Batavia Downs customers, implying that some tickets went to board members and family members. Contrary to some reporting on the report, there were no allegations of graft or illegal activity related to the perks.  The main issue was that Batavia Downs couldn't account for all of the tickets that were distributed.  At least nine percent of the tickets distributed by Batavia Downs went to non-players.  The facility has since improved its record keeping and tightened the rules around board members distributing and acting as hosts for gamers using the tickets.

The Comptroller also found that Wojtaszek did not properly record his use of a company-provided take-home vehicle.  Wojtaszek admitted that he did not file the proper paperwork and reimbursed OTB OTB $3,000 to resolve the issue.  At the time, the company was in the process of eliminating take-come vehicles and instead providing a vehicle allowance, which is now standard business practice in the United States.

Politicians and some reporters used the audits to misrepresent the issues raised as signs of "corruption." In May 2023, a Buffalo Democrat, Sen. Tim Kennedy, pushed through legislation to restructure the Western OTB board, establishing wasted votes based on county and city population, ending the equal distribution of board member votes among the counties and transferring control of the board to Buffalo and Rochester and Erie and Monroe counties.

The rural counties are suing the State of New York over the changes in voting structure.

"I can only say that I echo what Mr. Harrigan said," Bassett said after the meeting. "They have done a tremendous job. And they deserve, really, the time that they are going to move on and move forward with other endeavors. It's been a pleasure to work with all three of them."

Press Release:

Officials at Batavia Downs today announced that in preparation for the Kentucky Derby running this weekend, they will be extra staffing at all OTB Branches to help with those looking to place wagers.

Free Derby Programs will be available at Batavia Downs, All OTB Branches and all EZ Bet locations.

OTB Branches will open at 10 a.m. as Churchill Downs’ first race of the day will be at 10:30 a.m. The Kentucky Derby is at 6:57 p.m. and will be televised on NBC and Peacock. 

At Batavia Downs, guests may place wagers upstairs at the onsite ITW and inside the Park Place Room. They will be hosting a $30 lunch special which includes a $25 Free Play, $5 Wager on the Derby, Derby Program and a 1/2 Chicken BBQ Lunch from Center Street Smokehouse. Attendees can pay at the door.

The Derby Gala inside the historic Batavia Downs Clubhouse is sold out.

OTB Branches, EZ Bets, and the Batavia Downs ITW will be doing drawings for Derby Glasses and Star Wars Themed Derby shirts as the 2024 Derby falls on Star Wars Day.

Wagers can also be placed on BataviaBets.com from a phone, tablet or computer. People can also wager via the Dial-A-Bet service at 1-800-724-4000.

“This is an exciting year for us,” said Henry Wojtaszek, President and CEO of Batavia Downs. “Not only is it the 150th Kentucky Derby, but it’s also Western OTB’s 50th anniversary. Our entire team has been working tirelessly to make sure our gaming facility and branches are ready to welcome guests this Saturday. We wish everyone good luck on their bets and may the horse be with you.”

Find the OTB or EZ Bet near you by visiting https://www.westernotb.com/locations/. 

Western Regional Off-Track Betting Corp. directors passed a pair of resolutions on Thursday advancing their look into a possible expansion of the Hotel at Batavia Downs. WROTB management has been talking about adding more rooms since last March. 

Directors voted to contract with Bammel Architects of Orchard Park to provide conceptual design drawings per a request for proposal, at a cost of $76,000, and with Spectrum Gaming Group of Horsham, Pa., to perform a gaming market analysis, at a cost not to exceed $29,750 plus out of pocket expenses.

All directors, except newly appointed Erie County representative Timothy Callan, voted in favor of the resolutions, which could help determine whether adding 42 rooms to the 84-bed hotel is feasible.

Callan said after the meeting that many of his questions about the hotel in his role as Erie County’s deputy comptroller have gone unanswered. In the 17-member municipality board’s weighted voting system, he holds 24 of the 99 votes.

“A large number of our questions vis-à-vis my day job role were not answered by the corporation in the last couple of years,” he said. “So, when these two resolutions were presented yesterday at … the Batavia Downs Operations committee, I spent a great deal of time posing a large number of questions about both resolutions. I didn't feel like management gave me enough information to answer my questions about both of the proposed engagements.”

Callan said he was against paying an architectural or engineering design firm before conducting a market study. He voted against both measures because his questions “weren’t answered to my satisfaction.”

“Some of these questions pertain to the nature in which these vendors were acquired -- the competitive process in which they were pursued,” he said. “And so, and asking management questions about that yesterday, they didn't answer questions in a way that made me feel confident. And so that's why I chose not to vote for both items.”

Previously, Callan’s boss, Kevin Hardwick, called out WROTB’s 2021 decision to sell land to ADK Hospitality LLC of Buffalo to build the hotel and, then, its decision to buy it back from that group and the purchase price of the sale.

“While I wouldn't say that played a role in my decision as a director now, in voting on these two resolutions, it was certainly in the back of my mind, unanswered questions remaining about previous processes with the hotel,” he said.

Corporation President/Chief Executive Officer Henry Wojtaszek, when asked about Callan’s concerns, said that management “provided to board members everything necessary for them to make an intelligent vote.”

Wojtaszek said purchasing department staff explained the bidding process, adding that contracts were awarded to “the most responsible bidders at the best price.”

He also noted that the hotel has been experiencing a “high level of occupancy” in recent months.

“We’re looking forward to getting the results (of the study) and going from there,” he said.

In other action, the board:

-- Heard a report from Chief Financial Officer Jacquelyne Leach, who stated that $39,780 in surcharge from Batavia Downs Gaming wagering in February will be distributed to member municipalities;

-- Passed resolutions to contract with Alterity of Amherst as a insurance consultant for three years at a total cost of $120,000 and with Lawley of Buffalo to provide insurance coverage as “broker of record” for three years through May 31, 2027; 

-- Passed a resolution authorizing WROTB to be an “ambassador sponsor: of the Buffalo and Erie County Naval and Military Park at a cost of $25,000.

In what may prove to be a course reversal, Western Regional Off-Track Betting Corp. directors on Thursday said they are open to allocating more money to promote the branch segment of the public benefit company.

“We want to make an attempt to market it (the off-track betting branches). It seems like all marketing has been geared toward Batavia Downs Gaming,” said Thomas Wamp, board member representing Livingston County, prior to the monthly directors’ meeting at the Park Road gaming establishment.

For quite some time, WROTB management has pointed out that the corporation’s eight branch locations -- save one or two -- have been losing money. As a result, the publicized plan has been to reduce the number of branches, while working to add E-Z Bet sites, which do not have employees.

Wamp (photo at right) said the board is putting that strategy “on hold” as it explores ways to make the branches profitable.

“This being the 50^th anniversary of WROTB, we believe we need to provide an opportunity to market and increase the pari-mutuel (horse wagering) handle,” he said. “Branches have served as a beneficial aspect of the corporation. It would be sad to eliminate the pari-mutuel end of the OTB operation.”

When asked about specific steps to enhance the branch side of the equation, Wamp offered ideas such as utilizing Thurman Thomas, WROTB’s ambassador; hiring another staff person or two to go to the branches to instruct on the use of self-vending terminal, and producing television and radio advertising spots focusing on off-track betting.

“We’ll let (Marketing Director) Ryan (Hasenauer) and his staff come up with ways to do this,” he added. “We trust that he’s on board with taking some of his personnel to come up with ideas to stimulate interest.”

Wamp noted that the on-track harness horse racing handle at Batavia Downs has picked up in recent months.

“That shows that there is some interest in horse racing. We have an excellent track, and we need to play up that benefit,” he said.

Antonella Rotilio, labor relations representative for the employees’ union at Batavia Downs Gaming has been calling for a joint effort of WROTB management, board and employees to explore ways to increase branch traffic.

The Batavian reached out to Rotilio, rep for the United Public Service Employees Union Local 1222, for comment. Her response:

"We are very pleased to hear the board's plan. This is all we wanted -- a fighting chance. Many of my members at the branches have felt forgotten about as the focus has been on the casino. This is an opportunity to invest in them, the communities and the local governments. We want the branches to be as successful as the casino, and yesterday's news gives us hope that we may have a fighting chance."

WROTB President/Chief Executive Officer Henry Wojtaszek, contacted by telephone this morning, acknowledged that horse racing, overall, has declined but said that it was incumbent upon the corporation "to look at all possible options before making a final decision (on branch closings)."

"As we approach the 50th anniversary of WROTB and the 150th anniversary of the Kentucky Derby, it is smart to make a concerted effort to promote the branches and other areas we offer pertaining to horse racing," he said. "We'll employ various means, including television advertising, over the next few months."

As lifelong Batavian Richard E. “Dick” Siebert thanked those that have helped turn a once decimated Batavia Downs into what it has become today – a successful gaming and horse racing destination, he turned his attention to Dennis Bassett, the current chair of the Western Regional Off-Track Betting Corp. board of directors.

Speaking this morning at a ceremony at the Park Road facility honoring his 29-plus years as a WROTB director, Siebert turned his head, looking for Bassett in the crowd of well-wishers.

“Dennis and I disagreed about things over the years, but Dennis, I got to tell you,” Siebert said before being cut off by Bassett, who approached the lectern and proceeded to plant a big kiss upon Siebert’s left cheek.

As the audience roared with approval, Bassett said, “I miss you, I miss you.”

WROTB management set this time aside to dedicate a plaque in Siebert’s honor, which has been erected outside the remodeled Genesee Banquet Room adjacent to the Hotel at Batavia Downs lobby on the second floor.

The plaque reads as follows:

“In grateful appreciation for your years of tireless leadership and commitment as a longtime member and past chairman of the board of the Western Regional Off-Track Betting Corporation. Batavia Downs Gaming & Hotel Board of Directors, 1994-2023. We applaud you for your unwavering guidance and contributions to the success of this company. Dedicated on this day. March 28^th, 2024.”

Siebert, active for many years as the Genesee County Republican Party chair, was a key figure in WROTB’s purchase of Batavia Downs in 1998 after it encountered hard times. He has been a staunch supporter of the track (and now casino).

“Batavia Downs has always been in my heart,” he said, acknowledging that he was “overwhelmed and humbled” by the gathering and plaque dedication.

“When I got out of college in 1958, I thought I was going to set the world on fire. I got a job working for M&T Bank … a bookkeeper for 55 dollars a week. I found out that Batavia Downs was hiring bankers to work in their money room. So, being a banker, I applied at Batavia Downs way back in 1958 to work in the money room.

“I got hired right away for $14 a night … I worked in that money room for 15 years, and when I think back on that if somebody ever told me in that money room that someday I would be on the board of directors for Batavia Downs—and even be the chairman for one year or so—I would have said, ‘What are you smokin' man?’ (to a burst of laughter).

“It is what it is, and things worked out. I’m just glad that I could be a part of this board for the 29 years …”

Siebert recalled when the former owners, the Sambergs, ran into financial difficulties and when the harness track was empty “with nothing in it but seagulls and asbestos.”

“When we bought it, it was a wreck. The board worked on it. Many people wanted to sell it … but we stayed with it, and this is a whole tribute to our county and the whole scope of things – Genesee County, the City of Batavia,” he said.

He then mentioned the current staff at Batavia Downs Gaming, giving leadership credit for what the organization has become.

“Just looking at the staff, (President/CEO) Henry Wojtaszek, (Chief Operating Officer) Scott (Kiedrowski), (VP/Administration) Bill White and (Chief Financial Officer) Jackie Leach,” he said.

“Jackie Leach, especially, … is the one who really saved the day for us because when COVID shut us down, we were empty. She kept the banks away from our doors. She arranged for the loans that we got to keep our staff working, which we did pay back.”

Looking around, he found her in the crowd and said, “You did a great job,” to more applause.

“I have to say this is the best staff … that I’ve ever seen in my 29 years.”

Siebert closed by acknowledging former Genesee County Judge Charles Zambito, who replaced him on the board last May.

“I can’t think of a better person to take my place, Chuck. I know you’ll do a great job.”

Several people praised Siebert prior to the unveiling of the plaque.

WROTB PRESIDENT/CEO HENRY WOJTASZEK
“The thing that strikes me the most, in this world of rough and tumble, actually cutthroat, this world of politics in the gaming industry – a very tough industry, is that I’ve never met a gentleman like Dick Siebert,” he said. “Just a great man. If I had to sum him up … I would talk about the following adjectives -- respected, dignified, caring, savvy, a true family man, dedicated, calm, cool, collected, fearless and always willing to take a chance. Nobody, in my opinion, … no one loves Genesee County and Batavia gaming more than Dick Siebert.”

WROTB BOARD CHAIR DENNIS BASSETT
“Richard -- a true legend, a true legend. I had the pleasure of being on the board with Dick for 14 of his 29 years. And I want to say, a gentleman's gentleman. And if there's anyone who loved Batavia Downs, it was Richard Siebert. He consistently brought his colleagues, his friends, and his neighbors to participate in whatever we had at Batavia Downs. And at the board meetings, he didn't fail to thank the staff for treating his guests and him in the utmost positive manner. But as you would imagine, Dick always had areas for improvement, so he shared that with them as well. But Dick, I want you to know that the board is a better place because you passed this way. Your unwavering support, your unwavering dedication for what we were trying to do and what we've been trying to do here at Batavia Downs is going to be etched in your plaque and in this banquet room for years on.

ROCHELLE STEIN, GENESEE COUNTY LEGISLATURE CHAIR
“We're so thrilled for you today. Not only did you spend almost 30 years, which was your goal of being on that board, but you actually got to write the check from Genesee County for the inception and the investment that the county made. And you have always taken great pride and great privilege in having that hands-on opportunity for this entire entity here. And we are grateful for that. And we are grateful that you continue to guide and to challenge and to take courageously bold steps at times on behalf of all of the counties that are members here. We know that when you served us, you kept the fact that Genesee County is the host community in the forefront of your mind and that our people work here, and our people are benefited from their careers here. And our economy here in this region is benefited by this organization.”

GENESEE COUNTY LEGISLATOR GREGG TORREY
Torrey spoke of his time working at the OTB branch in the Genesee Country Mall while in high school and then working at the Ellicott Street headquarters after graduating from college in the accounting department. He said Siebert stood by him and “brought me over here when we first opened the track.”

“It wasn’t always like this. Batavia Downs went through some lean times, and I appreciate he was always there for me … I hope I've let you know how much I appreciate you over the years. But if I haven't before … And nobody deserves this more than you do.”

EILEEN BANKER, REPRESENTING ASSEMBLYMAN STEPHEN HAWLEY
“I had the opportunity of working with you because when I first started working here -- when we first opened way back here at Batavia Downs -- and it certainly has come a long way, and I'm sure your leadership is the reason why it has gotten this far. (Relaying a message from Hawley): Congratulations to my lifelong friend and mentor. Your years of service to our Western New York community should serve as a prime example of what citizens should emulate in terms of leadership in their communities. Congratulations.”

A State Supreme Court judge ruled today that a lawsuit can proceed challenging a new weighted voting system for the 15 counties and cities of Rochester and Buffalo that make up Western Regional Off-Track Betting Corp's ownership.

Through the first 50 years of WROTB, each entity had the same vote, or one vote, for each municipality, regardless of the population.

However, the state budget approved about a year ago included legislation that implemented a new weighted voting system. It gives 99 votes total, with more populous municipalities getting more votes. Erie County gets the most with 24 votes, while the four smallest counties, Orleans, Wyoming, Seneca and Schuyler, get one each.

Here is the breakdown of votes per municipality:

• Erie County: 24
• Monroe County: 20
• City of Buffalo: 10
• City of Rochester and Niagara: 8
• Chautauqua: 5
• Oswego: 4
• Steuben, Wayne, Cattaraugus, Cayuga: 3
• Livingston and Genesee: 2
• Wyoming, Orleans, Seneca, Schuyler: 1

Six counties filed lawsuits against Gov. Kathy Hochul, Attorney General Letitia James, the State Senate, and the State Assembly.

The counties in the lawsuit are all Republican-led and include Orleans, Genesee, Niagara, Livingston, Wyoming, and Seneca. Oswego was also added to the lawsuit today.

The lawsuit was filed in September in Orleans County, and a motion to dismiss the case was heard today by Judge Frank Caruso.

Joe Terragnoli, representing the Attorney General’s Office, appeared in court today with Dennis Vacco, representing the seven counties.

Vacco said the case is a very important challenge, showing smaller rural counties standing up to a “power grab” imposed by the state.

“I’m a little emotional about it because I think they receive these types of shenanigans from Albany all the time,” Vacco, a former state attorney general, told the judge in court this afternoon.

The municipalities in WROTB fronted the money to start WROTB in 1973, which has returned about $245 million in profits to the municipalities. Terragnoli said the initial funding to start WROTB has been paid back – many times – to the counties.

“It’s been a very lucrative deal,” he said. “They gave loans, and they were paid in full.”

That contribution never guaranteed an equal vote for perpetuity. The money didn’t purchase voting rights, Terragnoli said.

The state has the right to restructure the board with a weighted vote, he said.

Vacco said the smaller counties never would have put up the money if they had such a small voice at the board table.

He said the change could harm the smaller counties economically, especially if the four members with the most votes – Erie, Monroe, Rochester and Buffalo – get together and make a decision that could hurt the payouts to the other counties. Vacco said the four larger municipalities could go on a hiring spree, approve a capital project the others oppose, or even sell Batavia Downs.

The racetrack in Batavia has 912 video gaming machines that generate about $7 million in profits each month. WROTB also has nine OTB branches and 24 EZ Bet locations.

Vacco also said the legislation approved in May 2023 specifically targeted WROTB and not the other regional OTBs in the state – Capital OTB, Catskill OTB, Nassau OTB and Suffolk OTB.

Terragnoli acknowledged the legislation, pushed by State Sen. Tim Kennedy of South Buffalo, was partly in response to allegations of mismanagement by WROTB. The organization was faulted in an audit by State Comptroller Tom DiNapoli, who said the organization’s leadership did not properly account for $120,000 worth of sports and event tickets purchased by the company. Kennedy and others have characterized the account error as "corruption." 

WROTB has said there are tighter controls now for how those tickets are distributed.

The state comptroller and attorney general also have questioned WROTB for providing fully paid health insurance coverage to board members. The organization has also ended health benefits for new board appointees.

Terragnoli said the WROTB board didn’t do enough to self-correct, which prompted the legislation with the weighted voting for the board. That legislation also removed all the board members at the time, with the 15 counties and two cities to appoint either the same representatives or new ones. (Orleans County opted to reappoint Ed Morgan to the role. Genesee County's director, Richard Siebert, turned in his resignation over the board restructuring and later was replaced by former Genesee County Court Judge Charles Zambito).

Terragnoli said the counties that have sued the state over the changes with the board at WROTB are now claiming they could be hurt financially.

“Where was the concern when the comptroller’s report came out?” he said in court about the unaccounted tickets and perks intended for Batavia Downs customers.

Vacco also said the legislation championed by Kennedy twice failed to pass the Legislature on its own merits. It only passed when it was included in the state budget vote in an act of “subterfuge.”

The legislation would needed a two-thirds majority vote if it had been a standalone bill, Vacco said. It didn’t get the two-thirds threshold as part of the state budget, which is another reason the weighted-voting change should be negated, he said.

Vacco said the counties will wait for the state to file its response to today’s ruling. An evidentiary hearing could also be one of the next steps in the case.

Tom Rivers is editor of Orleans County Hub