MARYLAND STATE ATHLETIC COMMISSION

MINUTES - THURSDAY, SEPTEMBER 25, 2008

The Thursday, September 25, 2008 meeting of the Maryland State Athletic Commission was called to order at 2:55 p.m.. Present were: Chairman David J. Norman, Commissioner Ben Alperstein; Commissioner Arnold “Arnie” Dansicker; Patrick Pannella, Executive Director; Bruce C. Spizler, Senior Assistant Attorney General; and Michelle Martin, Administrative Assistant.

APPROVAL OF PROFESSIONAL BOXING SHOWS

Executive Director Pannella led a Commission discussion in regard to the professional boxing shows currently being proposed by licensed promoters.

Upon a motion by Commissioner Alperstein, and seconded by Commissioner Dansicker, the Commission voted unanimously (3-0) to approve the following boxing shows:

Professional Boxing Show

Televised Live On The Showtime Network’s “Showbox” Series

Friday, October 3, 2008 - 8:00 p.m.

Promoter: Murray “Jake” Smith / Baltimore Pro Boxing

The Wicomico Youth and Civic Center - Salisbury, Maryland;

Professional Boxing Show

“An Evening Ringside To Benefit The Jonathan Ogden Foundation”

Thursday, October 30, 2008 - 8:00 p.m.

Promoter: Michael J. Wagner / Ballroom Boxing

Michael’s Eighth Avenue - Glen Burnie, Maryland; and

Professional Boxing Show

Friday, November 14, 2008 - 8:00 p.m.

Promoter: Better Promotions, LLC

The Maryland Sportsplex - Millersville, Maryland.

APPROVAL OF PROFESSIONAL WRESTLING SHOWS

Executive Director Pannella led a Commission discussion in regard to the professional wrestling shows currently scheduled to be held in the State of Maryland in the months of October, November and December, 2008.

Upon a motion by Chairman Norman, and seconded by Commissioner Alperstein, the Commission voted unanimously (3-0) to approve the following professional wrestling shows:

Professional Wrestling Show

Friday, January 9, 2009 - 8:00 p.m.

Promoter: James “Jim” Hardwick / Eastern Wrestling Alliance (EWA)

Tall Cedars Hall - Parkville, Maryland; and

Professional Wrestling Show

Sunday, February 8, 2009 - 7:00 p.m.

Promoter: James “Jim” Hardwick / Eastern Wrestling Alliance (EWA)

Tall Cedars Hall - Parkville, Maryland.

CHAIRMAN’S REPORT

Chairman Norman reported that 2008 will mark the fifth consecutive year that at least 17 professional boxing shows have been held in the State of Maryland. Chairman Norman attributed this record of consistency to the Commission’s strong administrative and regulatory support of licensed promoters in overcoming the “twists and turns” of producing and promoting boxing shows.

COUNSEL’S REPORT

Senior Assistant Attorney General Spizler advised the Commission of a scenario which recently occurred in Mississippi regarding the selection of the officials (referee and judges) who would be assigned to work a WBC championship fight and a WBC “eliminator” fight, to be held in Biloxi on Saturday, September 13, 2008.

Prior to these bouts, in an “open letter,” published on the WBC website as “World Boxing Council News,” Mr. Sulaiman, the President of the WBC, took exception to the appointment of the referee and judges selected by the Chairman of the Mississippi Athletic Commission, Jon Lewis (two of whom were “WBC registered officials”, albeit not on a list of officials supplied to Lewis by the WBC as those the WBC wanted as officials for the bouts). In the “open letter,” Mr. Sulaiman proclaimed that the WBC would be purchasing three “ringside” seats for three “WBC registered judges”; and that the awarding of the WBC super lightweight championship belt, as well as the winner of the WBC “elimination” bout in the featherweight division, would be determined by the scoring of the three “WBC judges” regardless of the scoring by the judges licensed, appointed and selected by the Mississippi Athletic Commission.

In response, ABC President Tim Lueckenhoff sent an “open letter” to Mr. Sulaiman noting:

1.  under U.S. law, all referees and judges participating in a boxing match are to be certified and approved by the boxing commission responsible for regulating the match (15 USC §6307h);

2.  the Mississippi Athletic Commission was not simply “hosting” the WBC title and eliminator fights (Mr. Sulaiman’s characterization), but was the governmental regulatory body sanctioning, regulating and otherwise overseeing these bouts;

3.  the selection of officials is within a boxing commission’s sole and exclusive prerogative which is not to be influenced by a proprietary sanctioning organization;

4.  the ABC acknowledges, and continues to endorse, the practice which has evolved whereby a sanctioning body submits to the boxing commission responsible for regulating a championship (or eliminator) fight a list of officials the sanctioning organization is desirous of “working” the fight, with the boxing commission, in its discretion, selecting one or more of the four officials (referee and three judges) from the sanctioning body’s list; however, such a practice is no more than that – a practice – and is not a mandate or requirement under the law. In short, if a state or tribal boxing commission member of the ABC chooses not to apply this practice, it is within that commission’s prerogative.

5.  Mr. Sulaiman’s proposed threat is untenable as it: (a) lends confusion as to the legitimate winner of the bout; (b) demeans and diminishes the validity and credibility of WBC title holders; (c) is severely detrimental to the sport of professional boxing, as different boxing registries may record differing results; and (d) may result in a boxer, who pays a sanctioning fee to the WBC, winning the title on the Mississippi judges’ scorecards, but being denied the title if the “WBC registered judges” judge the bout differently.

In addition to the letter from the ABC President, Chairman Lewis, noting that a person acting as an official at a bout without a license is a felony in Mississippi, threatened to have arrested and prosecuted anyone judging the fights without a license.

In the aftermath of the “open letter” from the ABC, together with the Mississippi Commission’s threat of criminal prosecution, on the night before the bouts (at approximately 2:30 a.m.), Mr. Sulaiman telephoned Chairman Lewis and offered the following: in exchange for the Commission using the “WBC registered” judges, designated by the WBC to judge the WBC championship and eliminator bouts, the WBC would: (1) pay the judges selected by the Commission to judge these fights the salaries they would have earned; (2) assign each of these judges to “work” a different WBC fight anywhere in the world, and pay all of the fees and expenses attendant to such assignments; and (3) like to bring Chairman Lewis to Mexico to visit with Mr. Sulaiman. Noting that such an offer was “very generous”, Chairman Lewis declined.

The judges licensed, approved and selected by the Mississippi Athletic Commission judged the bouts. Although “WBC registered judges” were present and also scored the bouts, the outcome, as to each bout, was the same according to the “WBC registered” judges and the judges appointed by the Mississippi Athletic Commission. Considering that the results of the bout were not based upon the scores of unlicensed judges, no formal action was taken by the Mississippi Athletic Commission against the “WBC registered judges” scoring the bouts from their purchased seats.

CONSENT ORDER - CARLOS JONES (MSAC-08-02)

Executive Director Pannella announced that professional boxer Carlos Jones

and the Commission entered into a Consent Order as a means of settling Case

No. MSAC-08-02 (Maryland State Athletic Commission vs. Carlos Jones).

Mr. Pannella explained that the urine sample which Mr. Jones provided to the Commission prior to participating in a scheduled four-round bout against Gary Lavender on November 29, 2007 at Michael’s Eighth Avenue in Glen Burnie, Maryland tested positive for cannabinoids (marijuana). Mr. Pannella reported that Mr. Jones admitted he consumed marijuana and expressed remorse for his actions. Mr. Pannella explained that the consent order pertaining to MSAC-08-02 includes the following terms: 1. the purse monies earned by Mr. Jones for his bout versus Mr. Lavender be forfeited and paid to the Commission; 2. the boxing contest between Mr. Jones and Mr. Lavender be declared a “No Contest”; and 3. Mr. Jones be suspended for a period of three months (90 days), beginning on November 29, 2007 and concluding on February 27, 2008.

CONSENT ORDER - HARVEY JOLLY (MSAC-08-04)

Executive Director Pannella announced that professional boxer Harvey Jolly

and the Commission entered into a Consent Order as a means of settling Case

No. MSAC-08-04 (Maryland State Athletic Commission vs. Harvey Jolly).

Mr. Pannella explained that the urine sample which Mr. Jolly provided to the Commission prior to participating in a scheduled six-round bout against Rich Gingras on April 3, 2008 at Michael’s Eighth Avenue in Glen Burnie, Maryland tested positive for cannabinoids (marijuana). Mr. Pannella reported that Mr. Jolly admitted he consumed marijuana and expressed remorse for his actions. Mr. Pannella explained that the consent order pertaining to MSAC-08-04 includes the following terms: 1. the purse monies earned by Mr. Jolly for his bout versus Mr. Gingras be forfeited and paid to the Commission; 2. the boxing contest between Mr. Jolly and Mr. Gingras be declared a “No Contest”; and 3. Mr. Jolly be suspended for a period of three months (90 days), beginning on June 14, 2008 and concluding on September 11, 2008.

“PROFESSIONAL CONDUCT GUIDELINES

FOR COMMISSION INSPECTORS, REFEREES, JUDGES, RINGSIDE PHYSICIANS AND OTHER RING OFFICIALS”

Executive Director Pannella provided the Commission with a draft of the “Professional Conduct Guidelines For Commission Inspectors, Referees, Judges, Ringside Physicians And Other Ring Officials”, which the Commission had requested. Mr. Pannella explained that, in preparing the document, he had used language from Commission correspondence sent to Commission staff in the past as well as from similar documents prepared by the Nevada State Athletic Commission and the Pennsylvania State Athletic Commission.

Upon a motion by Chairman Norman, and seconded by Commissioner Alperstein, the Commission voted unanimously (3-0) to approve the Commission’s “Professional Conduct Guidelines For Commission Inspectors, Referees, Judges, Ringside Physicians And Other Ring Officials”.

SEPTEMBER 21, 2008 PROFESSIONAL WRESTLING SHOW

Executive Director Pannella provided the following information in regard to an incident which occurred during the professional wrestling show held on September 21, 2008 at Tall Cedars Hall in Parkville, Maryland and promoted by James “Jim” Hardwick of the Eastern Wrestling Alliance. A potentially dangerous situation for both Commission licensees and members of the public occurred when two wrestlers who were proceeding toward the ring to wrestle were confronted by certain members of the crowd who, spurred by inflammatory comments made by individuals in the ring, attempted to physically confront these wrestlers. Although security personnel members were able to prevent the situation from escalating, projectiles were thrown in the direction of the wrestlers by unruly crowd members and at least one spectator attempted to scale the barrier separating wrestlers from the seating area. Mr. Pannella was later informed by Mr. Hardwick that the incident was a planned “skit” which resulted in an unanticipated public reaction. The Commission directed Mr. Pannella to inform Mr. Hardwick that: 1. any skit scheduled to be a part of any future wrestling show promoted by Mr. Hardwick, which has the potential to incite the crowd, must first be reviewed and approved by the Commission; and 2. Noncompliance with this directive may result in the Commission taking disciplinary action against the promoter’s license of Mr. Hardwick.

UPDATE - SEPTEMBER 25, 2008 PROFESSIONAL BOXING SHOW

Executive Director Pannella provided the Commission with an update on the professional boxing bouts being proposed by the promoter and matchmaker for the September 25, 2008 professional boxing show promoted by Michael J. Wagner of Ballroom Boxing and scheduled to be held at Michael’s Eighth Avenue in Glen Burnie, Maryland.

REVIEW OF SEPTEMBER 5, 2008

PROFESSIONAL BOXING SHOW

Commissioner Moore and Executive Director Pannella led a review of the September 5, 2008 professional boxing show which was promoted by Murray “Jake” Smith of Baltimore Pro Boxing and held at the Clarence “Du” Burns Arena in Baltimore, Maryland.

REVIEW OF SEPTEMBER 19, 2008

PROFESSIONAL BOXING SHOW

Commissioner Dansicker and Executive Director Pannella led a review of the September 19, 2008 professional boxing show which was promoted by Better Promotions, LLC and held at the Maryland Sportsplex in Millersville, Maryland

NEXT COMMISSION MEETING

Executive Director Pannella announced that the next Commission meeting will be held on Thursday, October 30, 2008 at 2:30 p.m. in the Third Floor Conference Room, 500 North Calvert Street in Baltimore.

ADJOURNMENT

Upon a motion by Chairman Norman, and seconded by Commissioner Dansicker, the Commission voted unanimously (3-0) to adjourn the meeting at 4:45 p.m..

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