NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
March 1, 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, March 1, 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, Carla Lopez, and Tony Knott. Executive Director Greg Saunders was also in attendance.
· Approval of Agenda
Chair Carla Lopez presented the agenda for approval. There were no amendments. A motion was made to approve the agenda: T. Knott. Second: H. Sanchez. Vote: 3-0. Commissioners Dutton and Monroe came in after the agenda was approved.
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): T. Knott. Second: H. Sanchez. 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, March 1, 2005 at approximately 1:35 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 February 8, 2005 One Day Regular Board meeting, and the February 9, 2005 Working Session for approval. All voted in favor of approval of the minutes for the February 8, 2005 One Day Regular Board Meeting, and the February 9, 2005 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. The following meetings will be Tuesday, April 12, 2005, and May 10, 2005. Executive Director Saunders noted that Item G in the Open Session should be tabled.
5 Licensing.
My Way Holdings, LLC/ My Way Management, Inc. Mr. Saunders noted that the Board was presented with the facts of the case in closed executive session. There were no questions from the board, and there were no representatives from My Way Holdings, LLC. Commissioner Knott moved to approve the new management contract between My Way Holdings LLC and My Way Management, Inc. Second: Carolyn Monroe. 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. There were no comments or questions from the board. Commissioner Dutton moved 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
· Administrative and Disclaimed Evidence Disposition. Lieutenant Steve Cope stepped forward and requested the board direct staff in how to dispose of evidence no longer required for administrative hearings, as well as evidence previously disclaimed through the Gaming Control Act. Commissioner Dutton moved to adopt, as a matter of policy, and direct the legal division to notify as necessary, a policy whereby the investigators bring before the board or a designee, on a quarterly basis, evidence that is no longer needed. Second: C. Monroe. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe.
· Board Action on Hearing Officer’s Recommendation Regarding Ronald Contreras vs. Gaming Control Board; Cause No. 04-002-AA. The board was briefed with the facts in closed executive session, and there were no questions from the board. Mr. Contreras was not present. Commissioner Monroe moved to accept the hearing officer’s recommendation. Second: D. Dutton. Roll Call: H. Sanchez, D. Dutton, C. Lopez, T. Knott, C. Monroe.
· Issuance of Notice of Exclusion for Jose Prieto. Mr. Saunders noted that the board was briefed with the facts in closed executive session. Mr. Prieto was not present. Commissioner Knott moved to approve the Notice of Exclusion for Jose Prieto. Second: C. Monroe. Roll Call: C. Monroe, T. Knott, C. Lopez, D. Dutton, H. Sanchez.
9 Public Comment
· There was no public comment, but Angela Lucero, staff counsel, noted that the rules have been published and were effective February 28, 2005. She noted that they are not yet posted on the internet, and if anyone needed copies to contact Denise Leyba.
Commissioner Monroe moved to adjourn. Second: T. Knott. All were in favor.
_________________________ ___________________
Carla C. Lopez, CPA, Esq. Date Approved