NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
January 9, 2007
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, 4900 Alameda Blvd. NE. Chair David Norvell called the meeting to order at approximately 9:05 a.m., on Tuesday, January 9, 2007. Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chair David Norvell declared a quorum. Present were: Commissioner Eddie Fowler, Commissioner Don Dutton, Chair David Norvell, and Commissioner Carla Martinez. Commissioner Carolyn Monroe was not present. Executive Director John Monforte and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chair David Norvell presented the agenda for approval. Mr. Monforte noted that on item C: Issuance of Findings of Suitability on Key and Affiliated Persons #2c Renewal Key Persons: Robert Miller was tabled. For informational purposes there was one individual present Mr. Eric Batzloff Director of Product & Compliance for GTEC speaking on behalf of their subsidiary Speilo. A motion was made to approve the agenda as amended: D. Dutton. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted to approve the amended agenda: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
1 Closed Executive Session. Chair David Norvell entertained a motion to go into closed executive session until 1:30 p.m., for the purpose of discussing tribal matters, licensing matters, issuance 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. (Closed pursuant to section 10-15-1(H), NMSA 1978): D. Dutton. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
2 On Tuesday January 9, 2007 at approximately 1:35 p.m., a motion was made to go back into open session: D. Dutton. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez. Chair David Norvell certified the only matters that were discussed in closed executive session tribal matters, licensing matters, issuance 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.
3 Approval of Minutes. Chair David Norvell presented the following minutes for approval:
1. Working Session, December 5, 2006
2. Working Session, December 19, 2006
3. One Day Regular Board Meeting, December 12, 2006
Commissioner Dutton moved to approve the minutes as presented. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted to approve the minutes: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
4 Board Chair Announcements. Chair David Norvell announced that the scheduled Board Meetings are the second Tuesday of each month. If a two day meeting is required, the Board will reconvene the next following morning.
· The next regular Board meetings are February 13, 2007 and March 13, 2007.
5 Pending Administrative and Enforcement Actions
Issuance of a Denial: Mr. Michael Smith. Mr. Smith was not present. Commissioner Dutton moved to issue a denial to Mr. Michael Smith. Second: E. Fowler. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
6 Licensing
· Renewals of Gaming Licenses for 2007:
Mr. Monforte noted that this information was presented to the Board in closed executive session. Mr. Monforte read into the record the following Renewals of Gaming Licenses for 2007:
a. Bally Gaming (Las Vegas, NV): Tabled
b. B.P.O. Elks #413 (Silver City, NM)
c. B.P.O. Elks #1558 (Carlsbad, NM)
d. IGT, Inc. (Las Vegas, NV): Tabled
e. Loyal Order of Moose #2152 (Artesia, NM)
f. My Way Holdings d/b/a Sunland Park (Sunland Park, NM)
g. Spielo Manufacturing (New Brunswick)
h. Veterans of Foreign Wars Post #2951 (Santa Fe, NM)
i. Veterans of Foreign Wars Post #6917 (Las Cruces, NM)
Commissioner Martinez moved to table Bally Gaming Las Vegas, NV and IGT, Las Vegas, NV. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
Commissioner Martinez moved to approve the remaining licenses as read in by Director John Monforte. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
7 Issuance of Findings of Suitability on Key and Affiliated Persons. Mr. Monforte noted that during the closed executive session, the staff presented the results of the background investigations on the findings of suitability for key and affiliated persons. Mr. Monforte read aloud the following list of new key person applications:
New Applications
a. Bobbie G. Nellis – Assistant Gaming Manager - American Legion Post #44 (Elephant Butte, NM)
b. Joseph Arnett – Assistant Gaming Manager - American Legion Post #69 (Albuquerque, NM)
c. Robert Solberg – Assistant Gaming Manager - American Legion Post #77 (Logan, NM)
d. Timothy Parrott – President, Chief Executive Officer, Aristocrat Technology (Las Vegas, NV)
e. Larry Paiz – Gaming Accountant – B.P.O. Elks #408 (Las Vegas, NM)
f. Edwin Durr – Assistant Gaming Manager - B.P.O. Elks #460 (Santa Fe, NM)
g. Jackie L. Dew – Gaming Manager - Fraternal Order of Eagles #3189 (Hobbs, NM)
h. Thomas J. Matthews – Chairman of Board, CEO - IGT, Inc.(Las Vegas, NV)
i. Trulee May Luce – Assistant Gaming Manager - Loyal Order of Moose #1718 (Silver City, NM)
j. Mark A. Brown – Gaming Accountant - Loyal Order of Moose #2152 (Artesia, NM)
k. Elizabeth Pinkerton – Assistant Gaming Manager - Loyal Order of Moose #2152 (Artesia, NM)
l. John Fondrick – Gaming Accountant - Veterans of Foreign Wars Post #3280 (Clovis, NM)
Commissioner Fowler moved to approve all Issuance of Findings of Suitability on Key and Affiliated Persons except for (j) Mark A. Brown, who is approved with following condition: That Mr. Brown will only be reviewing gaming paperwork and signing checks as Gaming Accountant. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
Renewal Key Persons
a. Kenneth Fresquez – Gaming Accountant - B.P.O. Elks #969 (Roswell, NM)
b. Beatrice Martel – Gaming Accountant - B.P.O. Elks #1244 (Clovis, NM)
c. Paul Blanchard – Shareholder, Board Member - Zia Partners (Hobbs, NM)
d. Robert Miller – Independent Director – IGT, Inc. (Las Vegas, NM) – Tabled
Commissioner Fowler moved to approve all Renewal Key Persons except for (a) Kenneth Fresquez, who is approved with the following condition: That Mr. Fresquez will only be reviewing gaming paperwork and signing checks as Gaming Accountant. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
Commissioner Martinez moved to table (d) Robert Miller, Independent Director, IGT, and Las Vegas, NV. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
Key Person Change of Position
- Luis J. Gonzales – Gaming Manager - Veterans of Foreign Wars Post #1547 (Las Vegas, NM).
Commissioner Fowler moved to approve the suitability of Mr. Gonzales. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted to approve the motion: E. Fowler, D. Dutton, D. Norvell and C. Martinez.
8 Policy and Rulemaking Matters
· Rules Hearing for 15.1 NMAC to be held on February 1, 2007
General Counsel, Frank Baca:
There is a short list of rules that are scheduled to be heard at a formal rule making hearing on February 1, 2007 at 9:00 a.m. here in our Board offices. 15.1.5., 15.1.13 and 15.1.24 which primarily relates to third party progressives and some have to do with the fees, especially for renewals. The language of those proposed rules we anticipate going out in the mail to all licensees, sometime tomorrow. Prior to the rulemaking hearing there will be an informal meeting here in our Board offices on January 23, 2007 at 10:00 to discuss those proposed changes. These will also be posted on our web-site.
· Report from Governor’s Commission on Responsible Gaming: Presentation by Mr. Jon Panlener and Commissioner Dutton.
Mr. Jon Panlener: The Compulsive Gambling Council held its first meeting on December 15, 2006 in Santa Fe. There were thirteen of the fifteen appointed members in attendance along with three persons in an advisory capacity. The legislative mandate was reviewed. Mainly, the purpose of the Council shall be to study the issue of compulsive gambling in New Mexico to determine how this problem is affecting New Mexicans including how may suicides, bankruptcies, and other tragedies are occurring due to compulsive gambling and to provide concrete and specific recommendations to the Governor regarding changes in policy and law to improve our approach to compulsive gambling issues. The Compulsive Gambling Task Force which preceded the Compulsive Gambling Council began a BRFSS (Behavioral Risk Factor Surveillance System) investigation early in 2005. Mr.
Wayne Honey, epidemiologist for Department of Health gave a rather extensive interim report. Interim being that this is the first six months results of a one year study. The full report will not be available to this council until the July-August time frame. During this discussion it was noted that such a study had been completed at UNM in 1998. Results of that study will be presented at the Council’s next meeting in February. Other information and results were also revealed during this round table discussion, the results of which will be presented at the next meeting. Members of this Council are a very serious and dedicated group of individuals. I personally feel that positive results will happen from this Council. The next meeting will be on February 15, 2007 from 10:00 a.m. to 3:00 p.m.
Commissioner Dutton: Some of us were assigned homework. My homework was to provide a copy of the study which was commissioned by the Responsible Gaming Association of New Mexico which is a tribal association made up of the Gaming Tribes of New Mexico. It was a commission to do a study on compulsive gambling in New Mexico. I have provided a copy of that to Jessica Sutton who is the Acting Chair of the Council for distribution to all Council members. In addition I was asked to provide a summary of the Gaming Control Board’s licensees gaming responsible plans which will be distributed to all of the members. In addition we have invited two persons involved with responsible gaming in other jurisdictions to attend and present at the February 15th meeting. One is Kevin Mullalloy who was the Executive Director of the Missouri Gaming Commission, he now works with GLI. Kevin basically wrote the book on self-exclusion and they have a terrific program in Missouri. The other is a former Assistant Attorney General, Sue MacNabb from Louisiana who put together a program that she calls Therapeutic Justice and it has to do with a pre-prosecution diversion program. We’re looking forward to both presentations. Jon thank you for your report.
9 Public Comments.
No public comments.
10 Adjournment. There being no other business to come before the Board, Chair David Norvell entertained a motion to adjourn. D. Dutton Second: E. Fowler.
/s/David Norvell, Esq. Date Approved: 02-13-07
Chairman