Batavia Downs

Batavia Downs is betting on experience and an increased commitment to racing as it promotes longtime employee Nicolle Fortes to director of live racing and moves forward with track improvements.

“Nicolle Fortes, who has been with the Corporation for 31 years and is currently director of intertrack wagering, has been selected for the position of director of live racing,” said Byron Brown, president and CEO of Western Regional Off-Track Betting Corp.

Fortes, a Batavia resident, replaces Don Hoover, who retired.

The Western OTB board approved Fortes’ promotion to grade seven pay level, which keeps her $102,000 annual salary consistent with the prior director's salary, who was part-time. Fortes will be on the job 12 months a year. 

There is a long-term trend, even at the national level, in live-race attendance and wagering, Brown said. He hopes Fortes can invigorate the experience at Batavia Downs.

 “As you know, racing, harness racing, and thoroughbred racing have been down nationally, and we want to place more focus on it strategically, to bring more people into enjoying racing,” Brown said.

Brown acknowledged that maintaining a racing operation is required for the casino’s license, even as the industry faces a decline in popularity. 

“We are required to have our casino operation. We’re required to continue our racing operation, which is one of the priorities of New York State -- to support the racing industry. So we are leaning into that. We’re going to provide more focus and resources to that element of our business, and we are hopeful that we will see increased patronage, more customers coming in and enjoying racing,” Brown said.

Brown described Fortes as “a very hard worker, very knowledgeable about racing, someone who is well respected by her colleagues in the corporation and very well respected by our customers, and we are pleased to offer her this promotion.”

The board also authorized hiring Gary Wolf, a consultant with more than 30 years of experience, to oversee racetrack maintenance and training, and awarded Keeler Construction a $44,396 contract to resurface the track. 

“Having optimal track conditions is important to the horsemen, to the drivers, and certainly to the safety of the horses,” Brown said.

The Western New York Harness Horsemen’s Association will pay half Wolf's salary.

Brown said the changes are part of a broader strategy to boost interest in harness racing at Batavia Downs. 

Track resurfacing and consultant services are scheduled to begin before the new season and the Night of Champions event. 

Remembered in the hearts of those who knew them -- or know them, for those still living -- Batavia’s Hometown Heroes, the men and women who served in the U.S. military, are the subject of a new tribute.

Rows of nearly life-size banners now line Park Road and Redfield Parkway, each one honoring a service member. The banners went up ahead of Memorial Day, marking the launch of the City of Batavia’s Hometown Heroes Banner Program.

“Obviously, this is a great idea that the city of Batavia and the Batavia Fire Department had to honor Hometown Heroes,” said Byron Brown, president and CEO of Western Regional Off-Track Betting, during an unveiling of the banners with the family members of the veterans whose faces grace the banners. “We’re thankful to all of the families for allowing the city of Batavia to honor your family member. I know that we’re honoring service members who have protected our nation in the past and in the present. And it’s always great to honor the men and women who have served and sacrificed for our country.”

Jessica Best, secretary for the City of Batavia Fire Department, shared her gratitude for the community’s response. 

“I want to thank everybody. It’s been wonderful. Thank you. It’s been wonderful to get to meet so many fantastic families, and I feel like I know some of you personally now, and I really appreciate that everybody’s been wonderful,” Best said. “And I think we had a really good turnout for our first year, and very good feedback. And so I want to thank the families. I appreciate everybody, and I appreciate all the help we’ve gotten from the city and from the Downs. Like I said, I’ve met so many wonderful people, and I think this is a great opportunity for the city to show their support for our veterans, and I look forward to future years.”

The program began with encouragement from Assemblyman Steve Hawley and City Manager Rachael Tabelski and was coordinated by Best. In its first year, 52 banners are displayed—28 along Park Road and the rest on Redfield Parkway. Each banner measures 30 by 60 inches and is expected to last at least three years. The banners will remain up through Labor Day.

City and Batavia Downs crews assisted each other in attaching the banners to light poles. 

Best said, “For our first year, this year, we have 52 banners. So we, like he said, we have some here on Park Road, and the rest are over on Redfield Parkway, and they’re going to be up. We wanted them up by Memorial Day, and they’ll be up through Labor Day. And the goal is that each banner will last at least three years, and then every year, we’re just going to keep continuing to hang them until the integrity is no longer good, and at which time, then we can either purchase new ones, or if the family wants to discontinue it, then they can, but they’re going to be up every year, and then we’ll just continue to add on every year for the program, and hopefully we’ll have all of the city covered.”

As the program grows, Best said, the city will need to evaluate which city poles can support the larger, heavier banners. 

“Because of the size of the banners, they’re larger and heavier than we anticipated. So, not all of the city poles, even though everybody’s like, 'Oh, we have lots of city poles,' but not all the city poles will hold them," she said. "Obviously, given what they are, we want them to have integrity and to be able to hold the banners. So that’s something we’re going to have to look into before next year to see where exactly they can go.”

Best encouraged anyone interested in purchasing a banner for next year to contact the fire department to be added to a mailing list. 

“Anybody who wants to move forward and purchase for next year can call the fire department and talk to me, and I’ll just put them on a mailing list," she said. "That way, not only will it be advertised in September, but then I can send out mailings as well.”

Looking ahead, Best said, “I think this is a great opportunity for the city to show their support for our veterans, and I look forward to future years.”

Photos by Howard Owens

Assembly Majority Leader Crystal Peoples-Stokes said Friday that a newly approved tax reduction for the Western Regional Off-Track Betting Corp. will directly benefit OTB employees and communities across Western New York.

Speaking at a press conference at Batavia Downs, Peoples-Stokes said, “I assure you, both the elected representatives as well as the board members, that in Albany, we paid attention to what you asked for.” 

She called the $4.5 million annual tax cut, signed last week by Gov. Kathy Hochul, the result of persistent local advocacy and a commitment to workers.

“It’s really challenging when you’re working on a budget the size of the one that New York works on,” Peoples-Stokes said. “You can get right to the last day, and some things that you think were in there could come out because something else found its way in. That did not happen with this issue.”

Peoples-Stokes said the tax reduction will help Batavia Downs provide better wages and benefits for employees, improve entertainment for guests and increase distributions to the 17 member municipalities.

“I want to give God all the glory, because clearly that’s how I take my lead, and it’s been working for me my entire life,” she said.

She also credited Assembly Speaker Carl Heastie for supporting the measure, saying she personally lobbied him to keep the provision in the budget for Western New York. 

“The idea came from Western New York. So the idea should actually happen for Western New York in this budget,” Peoples-Stokes said.

About 50 Batavia Downs employees stood behind the speakers during the press conference, holding signs thanking the political leaders who helped secure the tax cut in the state budget.

Byron Brown, president and CEO of Western Regional Off-Track Betting Corp., said the tax cut will allow Batavia Downs to do “even more for all of you and our host communities,” estimating the change will provide $25 million over five years.

“Our dedicated employees and the 2.7 million residents in our 17 member municipalities will be the beneficiaries,” Brown said.

Dennis Bassett, chair of the board, said the measure is a step forward, but more work remains in Albany.

“There are issues that need to be addressed in Albany that haven’t been addressed until now, issues that must be addressed if Batavia Downs and the OTB are going to increase revenue and profits for the municipalities,” Bassett said. “We know that we can’t grow this business and be successful if we don’t look at how we can go into different ventures, and we can’t do the same things we’ve been doing tomorrow that we’re doing today and be successful.”

Rochelle Stein, chairwoman of the Genesee County Legislature and a board member, said the partnership between management and the board was critical to achieving the tax reduction.

“This is what happens when everyone pulls in the same direction for the good of our region,” Stein said. “It’s not just about Batavia Downs -- it’s about every community that benefits.”

Mo Sumbundu, Western New York regional director for Gov. Hochul’s office, praised the collaboration in order to benefit the municipalities and OTB employees.

“The tax rate reduction also allows Western New York Off Track betting employees, who are standing here with us today, to receive much-deserved pay raises, reducing costs for their families and also reducing their health care insurance costs,” Sumbundu said.

Antonella Rotilio, a representative of the United Public Service Employees Union, said the tax reduction is a win for the staff.

“Our members work hard every day to make Batavia Downs a success,” Rotilio said in a statement. “This tax relief means our voices were heard, and it will help us continue to provide for our families and support our communities. We appreciate the leadership that made this possible.”

Peoples-Stokes closed by urging Batavia Downs to “keep doing that great job of entertaining " and congratulating the board and staff on their work in securing the tax cut.

The Kentucky Derby proved to be solid business for Batavia Downs on Saturday, with increases in revenue and attendances, said Ryan Hasenauer, vp of business development for WROTB.

More than a thousand people visited the Park Place event center over the course of the day, and more than 250 attended the Derby Gala in the Clubhouse.

Could one of the people you see in these photos be the next Steve Moses, the 2015 winner of the CBS reality series Big Brother?

More than 300 people turned up at Batavia Downs on Wednesday to try and repeat what Moses did in the show's 17th season when Moses won slot as a constant through an audition at Batavia Downs.

"He was from the Fredonia area, but he was going to college in St Lawrence up by Alexandria Bay. and of course, we're on the way right. Batavia is right on the Thruway, so he timed his run after spring break to be here for the audition," said Ryan Hasenauer, vice president of business development for Western Regional Off-Track Betting.

Channel 8 out of Rochester, a CBS affiliate, ran the auditions, which involved potential contestants waiting their turn to step into a black-curtained booth to be filmed making their pitch to the show's producers. The video will be screened by the producers and the finalist selected.

"Some people are very reserved, and a lot of people are Type A's like me, where they're very loud about it," Hasenauer said. "They get excited, and like that young lady was saying that you were talking to earlier, she was somebody who's watched the show for a long time, 12 years. Some of these people are geared up to do it. It's an exciting thing for us."

That young lady was Chelsea Dezuko, from Buffalo.

"I've been watching Big Brother since I was maybe, like, 13," Dezuko said. "It's something that me, my mom, my sister, we would do together. We would get together, sit on the living room couch. It was like the one excuse that we got to stay up late for school, like past our bedtime."

Big Brother is really the only reality TV series she's watched.

"Honestly, I'm not a huge reality TV person, but Big Brother just feels different," she said. "I feel like there are people of all walks of life who enter the Big Brother house. I love the competitions. Like one of my Big Brother idols is probably Nicole F. She's won the show before."

Tacido Curry, from New York City, was in Batavia to take his second shot at auditioning for Big Brother. He returned from a trip to Brazil to make it to the audition. 

"I'm one of a kind," Curry said. "I'm a little bit different, so I needed to be on the show."

And he likes his shot.

"I've watched all the seasons, so I wish I were there all the time," Curry said. "I have a very strong personality. I lived in many countries. I am a world survivor. I survived lots of crazy things in my life. I was kidnapped three times. I was in the World Trade Center. I survived the tsunami and the fires of Notre Dame. I'm sure I can survive in the big house. I have a big resume, you know, to share with people and provoke people, too."

Chris Hadlock, from Victor, thinks he's got the resume for a slot on the show as well.

"I've been doing this stuff my whole life," Hadlock said. "I was a professional musician for 30 years. Now, I'm a helicopter pilot. I kind of miss the limelight a little bit, so if I can entertain the crowd, you know what I mean, on a national level, let's do it."

The Western Regional Off-Track Betting Corporation is taking on the IRS in tax court over an employee retention tax credit that is worth about $5 million to the corporation.

The Internal Revenue Service's position is that the OTB is a government agency and, therefore, not eligible for the pandemic-era tax credit.

"We are not supported by the government. We don't report to the government," said John Owens, OTB's acting legal counsel. "We've made the argument that there have been other matters in which we've been held not to be an agency, that we're not and that we should be entitled to (the tax credit)."

The board approved a resolution to hire Lippes Mathias LLP, a Buffalo law firm, and the only firm to bid on the project, to represent WROTB in tax court. The agreement authorizes an hourly payment up to $200,000 to handle the case and a $250,000 contingency fee if the firm wins the case.

The credit is available to eligible employers that paid qualified wages to some or all employees after March 12, 2020, and before Jan. 1, 2022. 

One of the arguments that Batavia Downs is a business is that the corporation received a PPP loan during the pandemic, which was a program not available to government agencies.

"We were determined to be eligible for that, and that was fully vetted," Owens said. "We had opinions of counsel, and everyone said, yes, we were eligible for the PPP."

About three weeks ago, a minor -- a person under 18 years of age -- was found on the gaming floor at Batavia Downs, a violation of state law.

Officials at Batavia Downs self-reported the violation. The result was a $10,000 fine.

Since that violation, all guests at Batavia Downs are being asked to present an ID to prove they're over 18 to enter the gaming floor.

"I think this was actually the third (violation)," said Byron Brown, president and CEO of Western Regional Off-Track Betting. "The first one was $1,000, I believe. The second one was $5,000, and the third one was $10,000. We took immediate action after each of these to make changes. But after the third one, we went to the ID and the all-visitor policy."

The new ID policy was approved by the New York State Gaming Commission.

Staff at the state's Gaming Association informed WROTB executives that there is a push to implement an ID requirement for casinos statewide.  The association's position is that requiring ID should be voluntary. 

"We have already implemented it," Brown told the board during Thursday's meeting. "It's going smoothly, and whichever way it goes with the state, we are ahead of the curve, and we are IDing all customers that come into the property, and hopefully that will put us in a position where we no longer incur any fines from minors being able to find their way onto the gaming floor."

ID is being required of all customers to ensure that no youth is able to "present" as older than 18, Brown said. There was initially some push back from regular customers but that has faded, Brown said, as IDing becomes the new normal.

"We don't want to give away our money that's being earned by being fined again," Brown said. "Our security does a good job. Sean and his team do a good job. So things are going very smoothly with that at this point."

Press Release:

The Agriculture & NYS Horse Breeding Development Fund is proud to announce that the 2025 New York Sire Stakes (NYSS) “Night of Champions” will take place on Saturday, September 6, 2025, at Batavia Downs Gaming & Hotel in Batavia.

As the premier event of the NYSS season, the Night of Champions showcases the top two- and three-year-old Standardbreds bred, owned, and raced in New York State. With over $2.4 million in purse money awarded across the evening, the event represents the pinnacle of the harness racing calendar.

“We are excited to bring the Night of Champions back to Batavia Downs, where the event was last hosted in 2019,” said Ralph Scunziano, Executive Director of the Agriculture & NYS Horse Breeding Development Fund. “Batavia Downs has demonstrated an outstanding commitment to hosting world-class racing, and their upgraded clubhouse and facilities are sure to create another memorable experience for our horsemen, owners, and fans.”

Located between Buffalo and Rochester, Batavia Downs is centrally situated in Western New York’s agricultural hub, offering a unique opportunity to highlight both the sport of harness racing and the economic impact of equine breeding and training in the region. The half-mile track is well known for its quality surface and competitive racing.

The races will be streamed live on Batavia Downs’ YouTube page, and a live post-position draw will take place on Facebook ahead of the event. Pre-race commentary and on-site interviews with winning connections will also enhance the live broadcast experience.

“We are honored to have been selected to host this prestigious event here at Batavia Downs.  I appreciate the confidence that the Agriculture & NYS Horse Breeding Development Fund has in our team here and we will not let them down. Our track and facility will be ready to go, and we are prepared to celebrate the “Night of Champions” with all of the people that attend,” said Byron Brown, President and CEO of Western Regional Off Track Betting Corporation.

The 2025 Night of Champions will be the culmination of a 56-day NYSS season, beginning May 18 at Saratoga Raceway. Full schedules for the Sire Stakes, Excelsior Series, and County Fair Series are available at www.nysirestakes.com.

Press release:

Byron Brown, President and CEO of Batavia Downs Gaming and Hotel, presented complimentary tickets to William Joyce, Director of the Genesee County Veterans Service Agency. Included were tickets for each of Batavia’s Rockin’ the Downs Summer Concerts. 

“This marks the 7th year in a row that Batavia Downs has supported our local Veterans with free tickets to our summer concert series, “said Brown.  “We are proud to continue this tradition of giving back to local vets who have served our country.”

Tickets for the concert series can be purchased at BataviaConcerts.com.  Performances include:

• Friday, June 20 – Queensrÿche
• Friday, June 27 – The Allman Betts Band
• Friday, July 11 – Almost Queen (Tribute to Queen)
• Friday, July 18 – The Machine (Tribute to Pink Floyd)
• Friday, July 25 – Little River Band w/Ambrosia
• Friday, August 1 – Lou Gramm
• Friday, August 8 – The Commodores
• Friday, August 15 – Kansas

Over the last seven years, Batavia Downs has proudly donated over 10,000 tickets to Local Veterans.

Volunteers for Animals hosted a vendor fair at Batavia Downs on Sunday.

Photos by Howard Owens.

A former chief operating officer for Western Region Off-Track Betting Corp. will receive $550,000 in a settlement stemming from a lawsuit he filed against the corporation in August 2021.

Michael Nolan alleged the victim of retaliation because he raised concerns about some corporation practices, such as health insurance for board members, the distribution of tickets to sporting events, misuse of funds, and improperly responding to Freedom of Information Law requests from reporters.

He was fired on Dec. 18, 2020.

In his initial filing of the suit, he sought $14.5 million --  $4.5 million for violating his First Amendment rights, another $4.5 million for breaking the state’s Civil Service Law, and an additional $5.5 million for emotional pain and suffering.

According to court documents, the case was settled through mediation on March 17 pending WROTB board approval.

Nolan began his career with WROTB in 2011 and was promoted to chief operating officer in 2017.

On Thursday, the board agreed to pay the settlement with $150,000 cash and an insurance policy covering the other $400,000.

Byron Brown, president and CEO of Western Regional Off-Track Betting, is optimistic that the corporation's lobbying efforts will lead to legislation that reduces the tax OTB pays to the state from 49% to 44%.

That would amount, at current cash flow, in an estimated $4.5 million in additional revenue, Brown said.

The language for adjustment will be part of the Assembly's version of the 2025-26 budget bill.  The Senate produces its own budget bill, and then the two chambers meet to negotiate a final budget bill.

"We feel good that we've done everything that we could do, that we got a good audience from the governor's office, the Assembly and the Senate, and we are hopeful that when the negotiations are concluded, that our requests will be part of the budget," Brown said.

The additional revenue will help the corporation on multiple fronts, Brown said, and those initiatives were part of the pitch to state legislators to approve the request.

"We explained that it was a matter of equity and fairness that would give us the ability to increase distributions to 17 member municipalities in Western New York, it would give us the ability to right size the salaries of our employees, and also to address the very high cost of family health care for our employees," Brown said.

Health insurance costs seem to be a top priority for OTB executives.

Currently, a family health insurance plan is $3,325 monthly for an OTB employee. If hired after Jan. 1, 2012, the employee contribution is 72 percent, or $2,394. Employees hired before that date pay only 5% of the premium.

The OTB would also be able to set aside some money to expand the hotel.

"(The hotel expansion project) projected to produce significantly more revenue for Western Regional off track betting Corporation, which would give us the ability to, again, not just increase our distributions to municipalities, but also increase the amount of money that we provide to the state of New York," Brown said.

In November, the board voted to delay a planned expansion of the hotel because of increased costs. The estimated cost provided by architects was $16 million and $16.5 million, which is about $4 million more than the original cost estimate.

The $4.5 million retained by OTB, if passed, is .0000018% of an anticipated $250 billion budget.

Press Release:

Batavia Downs President & CEO Byron Brown, today announced the lineup for events taking place onsite alongside the 3 Triple Crown Races this spring as well as upcoming concerts.

The Kentucky Derby Gala returns on the first Saturday in May – May 3. Cost is $149 per person and includes Buffet Dinner, Open Bar, a $20 Wager on the Derby, Derby Glass, Derby T-shirt, $60 in Free Play and bourbon sampling from Woodford Reserve, the official Bourbon of the Kentucky Derby.

Hotel specials are available on that day – The special is $469 and includes 2 entries to the party and a hotel room that evening.  Be sure to visit the Hotel Deals page at BataviaDownsGaming.com to book.

“Our Triple Crown events continue to increase in popularity,” said Brown. “Our events calendar is jam-packed.  With more events than ever before we are excited to welcome guests here for these outstanding experiences.”

On that same day, the Park Place Room will be host to the Superfecta Special – which includes a $25 Free Play, $5 Wager on the Derby, Derby Program, and a 1/2 BBQ Chicken Lunch. The cost is $35 per person and attendees can pay at the door.

On Preakness Stakes Day - Saturday, May 17, the 4th Annual Tacos and Tequila event sponsored by Teremana takes place inside the Park Place Room. The cost is $35 and includes Tequila Sampling from multiple vendors, a Taco Bar, $20 in Free Play, a $5 wager on the Preakness Stakes, and a gift to take home. Early Bird Tickets will be available for $30 online.

The final jewel of the Triple Crown is the Belmont Stakes, this year it is once again in Saratoga, on Saturday, June 7. That same day inside Park Place is the Bourbon and Whiskey Fest presented by Jack Daniel’s. Cost is $35 and includes Bourbon and Whiskey Sampling, Grazing Stations, $20 in Free Play and a $5 wager on the Belmont Stakes. Early Bird Tickets will be available for $30 online.

Those wishing to book the hotel specials can find direct links to do so on the hotel deals page on the Batavia Downs website at https://www.bataviadownsgaming.com/hotel-deals/.

If you are unable to make it to Batavia Downs on any of the Triple Crown race dates, be sure to visit our OTB Branches or EZ Bet locations – a list can be found at: https://www.westernotb.com/locations/. Guests can also watch wager and win online at BataviaBets.com.

Prior to the Triple Crown, other Spring events announced by Batavia Downs include:

The 2nd Handicapping Contest of 2025 will take place on Wood Memorial Day, Saturday, April 5 in the Batavia Downs Clubhouse. For a $20 Entry, guests will enter into a contest where they will pick horses from Aqueduct and Keeneland. The top prize will take home 50% of the entry monies up to $2,000. Details will be posted on the Batavia Downs Facebook page soon.

Also on Saturday, April 5 the Niagara Wine Trail hosts their annual “Vino at the Casino” event inside Park Place. General Admission Tickets are $40 presale and include tasting from 2-5pm, a souvenir wine glass, $25 fee play from Batavia Downs and a discount on a food purchase that day at Batavia Downs.

For tickets and details, guests can check out: https://niagarawinetrail.org/vino-casino/.

On Friday, April 18, the Batavia Downs Bar Hop welcomes guests in for a beer crawl inside the gaming facility. Tickets are just $25 and you get $10 back in Free Play along with a drink ticket for each of Batavia Downs’ 4 bars that are open that day. Attendees will be able to get a drink while they enjoy live music and take in the Free Nerds Gone Wild Concert that will be taking place that evening inside Park Place.

On Monday, April 21, Batavia Downs holds their annual Dyngus Day Celebration inside of Park Place with music from Fritz’s Polka Band. This FREE event runs from 11 a.m. to 2 p.m. Polish Platter specials will be available at the Homestretch Grill.

KISS THIS returns to Batavia Downs on Saturday, April 26! Western New York’s Premier Tribute to KISS brings all of theatrics and bombast of a classic KISS show to their performance. Tickets are $15 and attendees receive $10 in Free Play on the day of the show. This performance is standing room only.

Tickets for these events are available at www.BataviaConcerts.com or at the Lucky Treasures Gift Shop in the Lobby.

Tickets are also on sale on BataviaConcerts.com for:  Music of the Stars, Al Green & Marvin Gaye Tribute and the entire Rockin’ The Downs Summer Concert Series.

When board members of the Western Regional Off-Track Betting Corporation walked into the meeting room at Batavia Downs on Thursday morning, they found at their assigned seats a bit of a surprise.

There was a 13-page book containing 10 proposals to reform policies for the organization.

The booklet, said CEO Byron Brown, was the result of two months of work with his executive staff to identify areas of concern and propose suggestions for policy changes.

"We have been looking at concerns that have been expressed about the operation of Western Regional Off-Track Betting Corporation since I've been here as CEO," Brown said after a closed session meeting where most of his proposals were approved by the board. "We've done a top-to-bottom review so we can be more transparent as an organization, to look at ways to reduce expenses in the organization and drive greater profitability, and the reforms are around those items."

For the past few years, the OTB has been beset by a number of controversies, including how free tickets to sporting events are distributed, executive compensation and buyouts, health insurance, travel expenses, and management participation in tip distribution. 

The policy changes also address some less public issues, such as how raises are handled and the distribution of free play cards and gift cards.

Brown thinks if his new policies had been in place years ago, some of the public controversies could have been avoided.

"I have worked very closely with the board and the staff," Brown said. "The board was very open to looking at these issues and felt very positive that these reforms and these new policies will really strengthen the operation of Western Regional Off-track Betting Corporation."

The booklet also contained a bullet-point list of some of the reforms Brown has already initiated as the corporation's new CEO, such as tighter controls on how requests for sponsorships by area charities are handled and monthly reporting on advertising spending for broadcast.

Erie County rep pleased with reservations
The policy revisions were welcomed by Tim Callan, the Erie County representative on the board who has been perhaps the most persistent voice seeking reform since the board was reconstituted by the state Legislature more than a year ago.

"I'm very pleased with what Byron has done here," Callan said. "A couple of the items in the reform agenda -- about travel and changing the travel policy to get some things back under control there, changing and updating the procurement policy -- these were things that throughout last year I had been raising questions about. The sponsorship program, where the corporation gives sponsorships and donations to various groups, I've been raising a lot of questions about that. So to see that those three areas are being addressed by the new management team, I'm very happy to see that."

Callan, ever a stickler for details, does have concerns about how the reform package was brought to the board, and in the closed-door discussion (which he is also concerned about), he objected to two proposed policy proposals, which the board ultimately did not support.

Brown proposed reducing the cost of employee contract buyouts.

Some employees, including top executives, have contracts that stipulate how much severance they will receive if the contract is terminated early. 

In July 2024, the board of directors approved a buyout of former CEO Henry Wojtaszek's contract equal to one year salary, or $299,000. Outgoing CFO Jackie Leach's buyout was half her annual salary, or $122,000, and operations manager William White received $87,000.

Brown's report says that a review of contracts found there is no standard severance pay and benefits package for employees under contract. One employee, not named, has reached a settlement that allows that employee to work from home until November, earning until that time $174,907. 

Brown recommended capping severance to four months' salary. The board tabled the proposal and called for research on standard procedures in the gaming industry.

Callan said he opposes providing OTB employees with any severance pay, even though the practice is common in corporate America.

He said WROTB is not a private company. It's a public benefit corporation with a mission of generating revenue for the state and the 17 municipalities that control the corporation. As a quasi-state agency, employees are part of the state's generous pension system.

"That's something you folks in the private sector are not getting," Callan said. "You guys have to have 401(k)s, and Roth IRAs or whatever you do to help provide for yourselves in retirement. Well, folks here have that state pension ability separate from whatever saving they do on their own. So it's not an apples and oranges comparison for me to say, a private casino where, you know, they're not going to get a pension, and it's a private entity."

Wrapped into the contract buyout policy proposal was a proposal to address inequality in health insurance coverage for non-union employees.

Non-union employees hired before 2012 pay only 5% of their insurance premiums. Those hired after Jan. 1, 2012 pay 72% for a family plan (single plans remain 5%).

There are 38 employees who were hired before 2012 and 72 hired after the change policy.

In an interview, Callan disclosed that the monthly premiums for Batavia Downs employees are significantly higher than typical for group insurance policies. 

Human Resources Director Danielle Fleming later confirmed that a family health insurance plan is $3,325 monthly. The employee contribution, if hired after Jan. 1, 2012, is 72 percent, or $2,394.

Brown's proposal, which has not yet been approved, is to find a way to close the gap between the two groups of employees and set the employee-share of future management hires at 20%. Currently, seven members of management staff pay a 20% share of their premiums.

"It's obviously incredibly expensive for the employee. It's obviously also incredibly expensive for the corporation, where the corporation to bear the expense," Callan said. "I loudly expressed my objection to that in the executive session and said that I would not vote for it. And I thought that needed further discussion. When we have members of the management team make $190,000 or more, and persons in the mid-$100,000s, to send a message and say to them and say, "Okay, you only have to pay 20% of the cost of health insurance,' but somebody here that makes $17.50 an hour has to pay 72%, that, to me, is not right, and so the management team, after some members of the board objected and raised questions on that, agreed to pull it back, and I think we're gonna have some further discussions on that topic next month."

Callan said that while overall, he is pleased with the policy changes, especially since several of them are responsive to issues he's raised over the past 13 months, he thought it was a violation of the open meeting law not to have the agenda explicitly state that the board would do more on Thursday than engage only in a general policy discussion, but actually have written policy changes to consider and vote on.

He also said it could be a violation of the open meeting law to have most of the discussion in closed session.

Asked about the exemption used under the state's Open Meeting Law, Brown said it was a personnel matter.

"There were a number of personnel items that were discussed, so that was the reason why the board went into executive session in that particular discussion, where we were discussing salaries, benefits for specific individuals," Brown said.

Callan said the only policy item that addressed specific people was the health insurance discussion, which involved seven individuals. Otherwise, the rest of the policy discussion did not touch on specific individuals. In his view, the policy discussion should have occurred in open session.

"We have a lot of discussions in committees, including an executive session, a lot of which I don't think should be an executive session under the law, but that's another story you and I have spoken about before," Callan said. "I don't think, in hindsight, it should have been an Executive Session."

Accountability and profitability
Among the policies highlighted by Brown in an interview were changes to how sports tickets are distributed and whether the OTB will continue to purchase a suite and tickets to Buffalo Bills games after the coming season.

When the Bills move into the stadium, it appears the cost of the suite will double, raising the annual cost to $200,000, which may not have the return on investment the OTB seeks.

Brown said Batavia Downs is negotiating with the Bills organization.

"We're looking at tightening the ticket policy, making sure that when we do provide tickets and benefits, those are going to our customers, and they're going to our customers in a way that generates more business for the corporation," Brown said. "We're looking at travel policy to tighten our policies on what we spend when people have to travel for business purposes, going to conferences, going to training. All of those things, I think, would have eliminated some of the issues that the corporation has faced in the past."

The ultimate goal, Brown said, is a corporation that is more efficient and more profitable.

"The agenda is about going forward, looking at issues with the board, with the staff, that we saw as concerns, things that we felt could be improved, ways that we could increase transparency, that we could increase profitability, reduce expenses," Brown said. "So, going forward, this will make the corporation stronger. This is a place where people love to come and, after expenses, generates over $90 million a year. We want to continue to produce that kind of revenue and grow the revenue."

The policy changes approved by the OTB board of directors:

Merit Raises: Over the past three years, 102 OTB employees have received merit raises for a total cost of $392,166. Merit raises are supposed to be approved by the board's personnel committee.  There is no documentation indicating these raises were approved by the personnel committee. There were 22 raises in 2022, 50 in 2023, 28 in 2024.  The average per year is $130,722. The new policy would budget $100,000 for merit raises.  Department heads would recommend merit raises, and if approved by the CEO, the request would go to the personnel committee for approval.  All raises would need to be submitted by July 1 of each year. One issue this policy will address is the appearance of favoritism. Five employees received merit raises in each of the past three years.

Video Record Board Meetings: Video recording all board meetings would be inexpensive and easy to accomplish, and multiple "good government" groups recommend it. Some of the municipalities represented on the OTB board are more than a two-hour drive from Batavia, making board attendance difficult for some interested parties. Recordings would be posted on the OTB website within 24 hours of the meeting.

Renewal of Buffalo Bills Suite: The current contract for the suite expires after the the coming season. The suite is considered a great marketing tool for Batavia Downs. The casino conducts drawings for tickets and also provides tickets to high rollers. However, the cost for suite in the new stadium will nearly double. During the past season, OTB paid $114,205 for 16 tickets per game. A new 12-person suite would cost $200,000 per year, with price increases of 5% per season. The return on investment would be low. The cost outweighs the benefits. OTB will try to negotiate a lower price suite.

Travel Policy: WROTB has been criticized for "extravagant" travel.  While the spending on travel for some executives exceeded state limits, and a public benefit corporation, WROTB, is exempt from those caps. The comptroller recommends OTB implement and enforce policies that are reasonable. The new policy would require a form to be completed that lists all anticipated expenses for both in-state and out-of-state travel. For in-state travel, the CEO would review and potentially approve the travel. For out-of-state travel, if the CEO recommends approval, the board of directors would be asked to approve the travel.

Transparency of Procurement: For procurement of goods and services, currently, no quotes are required for costs less than $5,000, for $5,000 to $10,000, documented verbal quotes from at least two vendors, for $10,000 to $15,000, written quotes from at least two vendors, and for more than $15,000 public bidding that is subject to board approval. There are also policies dealing with sole-source procurement and single-source procurement. The new policy would require bidding on services and purchases of $15,000 (which is less than the requirement of municipal law).  The reform also recommends a written policy for procuring goods an services that would clarify the difference and use of sole source and single source vendors.

Job Postings: An average of 73 jobs are posted annually, and most are posted internally. Jobs are posted on bulletin boards and if external candidates are sought, on social media. Under the reform, the process for applying through the OTB's website will be improved and all publicly advertised positions will be consistently posted on social media with a link to the Batavia Downs application page. 

Tipping Policy: Batavia Downs does not currently have a tip-pooling policy, which can lead to operational, legal, and employee-related issues. The approved reform is to write a uniform tipping policy for the facility, including who is eligible to receive a portion of the tip pool, as well as policy for distribution and reporting tips for tax purposes. Supervisors will no longer receive a portion of the mandatory 20 percent tip for booked events.

Free Play Policy: The new policy will standardize free play coupons that an authorized person will sign. Upon redemption, a note will be made in the computer on who authorized the free play. This will assist in auditing free play.  After March 15, only free play coupons created under the new policy will be honored.

Gift Card Tracking: Grocery and gas gift cards are used as an incentive for booking hotel rooms. In 2024, Batavia Downs purchased $160,000 in gift card, at $20 each. The gift cards were tabulated into the cost of rooms, so there was no additional cost to the corporation. Other gift cards can sometimes provided to the hotel for hotel packages or requested by officers or department heads to reward staff members for work done above and beyond their duties. Gift cards are logged but there is no standard approval process. Under the new policy, officers and department heads will complete a request form that will require approval by the chief administrative officer. A record will be maintained of gift cards requested by officers and department heads for future auditing purposes.

Download PDF: WROTB 2025 Reform Agenda.

Jason Ostrowski dazzled and electrified a near-capacity crowd at Batavia Downs on Thursday night, playing the best songs of two iconic rock and roll piano players, singers, and songwriters, Elton John and Billy Joel.

Previously: Rochester native returns to Batavia Downs on Feb. 27 with a high-energy homage to Elton John and Billy Joel

Photos by Howard Owens.

Press Release:

On Saturday and Sunday, February 22 and 23, the Legends and Stars Sports Collectors Expo will have several former Buffalo Football, Hockey and Basketball Players, Hall of Fame Hockey Athletes and Buffalo born actor, Chad Michael Murray, present inside of the Park Place Events Center at Batavia Downs located at 8315 Park Road, Batavia.

The Memorabilia Show with vendors will run from 10 a.m. to 4 p.m. on Saturday, February 22 and 10 a.m. to 3 p.m. on Sunday, February 23. Kids 12 and under are FREE. Admission for all others is $10. Paid admission receives $10 in Free Play on the Gaming Floor. Full details including autograph prices available on Legendsandstars.net.

Certified Guaranty Company and James Spence Authentication will be at the show offering authentication and grading services.  Autographed cards may be submitted for CGC x JSA Authentic Autograph certification, and autographed memorabilia may be submitted for JSA-only services. CGC will also be accepting submissions of unsigned TCGs, sports cards, and non-sports cards for grading.

Athletes, Career Highlights/Teams Played for and Autograph Times are as follows:

Saturday, February 22:

• Bryan Trottier - NHL HOF 1997, 6X Stanley Cup Champion - 11 a.m. to 12 p.m.
• Chris Chelios - NHL HOF 2013, 3X Stanley Cup Champion - 11:30 a.m. to 12:30 p.m.
• Doug Gilmour - NHL HOF 2011, Stanley Cup Champion, Former Sabre - 12 to 1 p.m.
• Frank Reich - Former Buffalo QB, led “the Comeback” - 12:30 to 1:30 p.m.
• Kyle Williams - Former Buffalo DT, 6X Pro Bowler - 1 to 2 p.m.
• London Fletcher - Super Bowl Champion, 4X Pro Bowl, Former Buffalo LB - 1:30 to 2:30 p.m.
• Steve Christie - Former Buffalo Kicker, All -Pro - 2 to 3 p.m.
• Drew Pearson - NFL HOF 2021 Super Bowl Champion, Former Cowboy - 2 to 3 p.m.
• Billy Smith - NHL HOF 1993, 4X Stanley Cup Champion - 2:30 to 3:30 p.m.
• Chad Michael Murray* - Actor on One Tree Hill, Gilmore Girls & Various Films - 12 to 3 p.m.
  • *Mr. Murray will be in the Autograph Area for the entire 3 hour window for autographs and table selfies

Sunday, February 23:

• Ernie DiGregorio - 1974 NBA Rookie of the Year, Former Buffalo Brave - 11 a.m. to 12 p.m.
• Brad Park - NHL HOF 1988, 7X All-Star, NHL’s 100 Greatest Players - 11:30 a.m. to 12:30 p.m.
• Gilbert Perreault - NHL HOF 1990, 8X All-Star, Former Buffalo Sabre - 12 to 1 p.m.
• Adam Oates - NHL HOF 2012, 5X All-Star, NHL’s 100 Greatest Players - 12:30 to 1:30 p.m.
• Thurman Thomas - NFL HOF 2007, 1991 NFL MVP, 5x Pro Bowl, Former Buffalo RB - 1 to 2 p.m.

For Full Details on each Autograph Guest including pricing, please visit: https://legendsandstars.net/services/.

For Card Grading, visit https://www.cgccards.com/ to sign up and fill out an order form ahead of the event.

For memorabilia needing JSA autograph services only, fill out and print the online submission form ahead of the event: https://bit.ly/jsasubform. 

As a result of the ongoing extreme winter weather that has impacted all of western New York over the past week, Batavia Downs management has canceled the live card of harness racing scheduled for Thursday (Feb. 20) in an abundance of caution for the safety and welfare of all the participants.

Live racing will resume on Monday (Feb. 24) at 3 p.m., which will be the last card of the winter meet.

As a result of an extreme winter storm that has produced high winds, heavy snow, sub-zero wind chills and treacherous driving conditions to all of western New York, the management of Batavia Downs has canceled the live card of racing scheduled for Monday (Feb. 17) in an abundance of caution for the safety and welfare of all the participants.

Live racing will resume on Thursday (Feb. 20) at 3 p.m., which will be the second last card of the winter meet that ends on Monday, February 24.