NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
February 8, 2005
MINUTES
The Board of Directors of the New Mexico Gaming Control Board (Board) conducted a one-day Regular Board meeting at Gaming Control Board Headquarters, 6400 Uptown Blvd, Suite 100-E. Chair Carla Lopez called the meeting to order at approximately 9:05 am, on Tuesday, February 8, 2005. Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chair Carla Lopez declared a quorum. Present were: Hossie Sanchez, Don Dutton, Carla Lopez, Tony Knott, and Carolyn Monroe. Acting Executive Director Greg Saunders and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chair Carla Lopez presented the agenda for approval. Mr. Saunders requested to discuss Item D, Tribal Matters first in the closed session. A motion was made to approve the agenda as amended: C. Monroe. Second: T. Knott. Vote: 5-0.
1 Closed Executive Session. Chair Carla Lopez entertained a motion to go into closed executive session until 1:30 p.m., for the purpose of discussing licensing matters, issues of finding of suitability on key and affiliated persons, pending administrative and enforcement matters, pending and threatened litigation, limited personnel matters as enumerated in detail on the agenda, and tribal matters. (Closed pursuant to section 10-15-1(H), NMSA 1978): C. Monroe. Second: D. Dutton. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe.
2 On Tuesday, February 8, 2005 at approximately 1:31 p.m., a motion was made to go back into open session: C. Monroe. Second: T. Knott. Vote: 5-0. A roll call vote was taken and all voted in favor of the motion: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe.
3 Approval of Minutes. Chair Carla Lopez presented the minutes for the January 11, 2005 One Day Regular Board meeting, and the January 12, 2005 Working Session for approval. All voted in favor of approval of the minutes for the December 21 One Day Regular Board Meeting, and the December 22 Working Session. Vote: 5-0.
4 Board Chair Announcements. Chair Carla Lopez announced that the scheduled Board Meetings are changing to the second Tuesday of each month. If a two day meeting is required, the Board will reconvene the next following morning. Chair noted that the next meeting will be one week earlier, Tuesday, March 1, 2005. The following meeting will be Tuesday, April 12, 2005. Chair also noted that copies of the Open Meetings Resolution were available to the public once approved and signed by the board. David “Hossie” Sanchez was sworn in as a new Board Member.
5 Licensing.
Issuance of Work Permit- Michael Smith (Cashier)- Fraternal Order of Eagles #4101 (Alamogordo). Mr. Saunders noted that the Board was presented with the facts of the case in closed executive session. Mr. Smith, or a representative of Mr. Smith, was not present. Commissioner Knott moved to deny the work permit. Second: Carolyn Monroe. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0.
· Evaluation and Assessment of Internal Controls for Zia Partners, LLC- Zia Park. Mr. Saunders noted that the board was presented with the facts in closed executive session. Bruce Rimbo appeared on behalf of Zia Park, the board did not have any questions for him, and he did not have any comments. Commissioner Dutton moved to allow Zia Park to continue to operate under current internal controls until the April board meeting. Second: T. Knott. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0. Commissioner Dutton then moved to grant a 30 day extension to Zia Park to revise and submit to the board, Internal Control Procedures, as set forth by board staff. Second: H. Sanchez. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0.
· Zia Partners, LLC- Zia Park Payout Ticket Record Retention. Mr. Saunders noted that the Board was presented with the facts of the case in closed executive session. Mr. Rimbo came forward and noted that all the tickets are piling up. He also noted that Acres maintains all the records, though Zia Park does not yet have access to all the information. Commissioner Knott moved to deny the request, but to allow Zia Partners, LLC- Zia Park to resubmit the request in the future when the Acres system can generate a report identifying all information on printed payout tickets. Second: D. Dutton. Chair Lopez asked for a friendly amendment to make clear that Zia will continue to retain the tickets. Commissioner Dutton seconded the amendment. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0.
6 Issuance of Findings of Suitability on Key and Affiliated Persons. Mr. Saunders read aloud the list of new key person applications and noted that during the executive session, the staff presented the results of the background investigations on the findings of suitability for key persons. Mr. Rimbo came forward and moved to withdraw Donna Williams from the list. The board took the request to withdraw her application first: Commissioner Dutton moved to allow her to withdraw her application. Second: C. Monroe. Roll Call: H. Sanchez, D. Dutton, C. Monroe. Chair Lopez and Commissioner Knott voted against the motion. Vote: 3-2. Commissioner Knott made a motion to approve the Issuance of Findings of Suitability on all other Key and Affiliated Persons. Second: C. Monroe. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe.
7 Pending Administrative and Enforcement Matters
· Request for Approval of Settlement Agreement for Homier Distributing Company; No. 04-004-F; Case No. CRM 04000096. Mr. Saunders noted that the board was presented with the facts in closed executive session. Nancy Hollander was present, and presented a letter authorizing her to sign the settlement agreement on behalf of Homier. Commissioner Monroe moved to approve the settlement agreement. Second: D. Dutton. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0. Commissioner Dutton thanked Ms. Hollander for her help with the matter. She noted that the check would be available the next day.
8 Policy and Rulemaking Matters
· Open Meetings Resolution. Mr. Saunders noted that the only notable changes from last year’s resolution to this year’s is that the working session time has been changed from 2 p.m. to 11 a.m. on Wednesdays and the posting of the notice includes the new address of 4900 Alameda Blvd N.E. in Albuquerque. Commissioner Knott moved to approve the Open Meetings Resolution. Second: C. Monroe. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0.
· Presentation of 2004 Gaming Control Board Audit Report by Chester Mattocks, CPA. Mr. Mattocks came forward and noted that he was presenting the year end financial report for New Mexico Gaming Control Board. The report has been accepted by the State Auditor, and released. It is a public document. Mr. Mattocks noted that the overall opinion was unqualified, with no exceptions on the internal controls. He noted that is the best opinion to get, financially. He also pointed out the GCB management analysis of the financial statements were very well done. He noted that the compliance opinion was also favorable. There were no questions from the board. Commissioner Dutton moved to accept the audit for the year ending June 30, 2004. Second: T. Knott. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe. Vote: 5-0. Mr. Saunders extended a job well done to the staff.
9 Public Comment
· Jim Burleson, executive director with New Mexico Sheriff’s and Police Association came forward. He spoke about the Bingo and Raffle Act; he noted pending legislation which would move the oversight and investigative authority over Bingo to the Gaming Control Board. He noted he met with Mr. Panlener, and Mr. Strunk from the non profits, and noted that some change needed to occur with the Bingo and Raffle Act, as it is outdated. He asked for cooperation from the Gaming Control Board in updating the Bingo and Raffle Act and its rules.
· Mr. Panlener came forward and noted that he was in agreement with everything previously said by Mr. Burleson, and volunteered his help in passing regulations having to do with Bingo should the bill pass.
There were no further public comments.
Commissioner Monroe moved to adjourn. Second: T. Knott. All were in favor.
_________________________ ___________________
Carla C. Lopez, CPA, Esq. Date Approved