NEW MEXICO GAMING CONTROL BOARD
Special Board Meeting
January 26, 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. Chairman David Norvell called the meeting to order at approximately 10:05 a.m., on Friday, January 26, 2007. Due notice was published in accordance with the Gaming Control Act and the New Mexico Gaming Control Board Open Meetings Resolution and Chairman David Norvell declared a quorum. Present were: Commissioner Arnold Rael, Commissioner Don Dutton, Chairman 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
Chairman David Norvell presented the agenda for approval. Executive Director John Monforte recommended that the public ceremonial items be presented first in light of the crowd that was present. 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: A. Rael, D. Dutton, D. Norvell and C. Martinez.
1 Board Chairman Announcements:
· Recognition of Carla Martinez’ service to the New Mexico Gaming Control Board for the last four years:
· Chairman Norvell noted appreciation for her hard work and that Carla Martinez would now be the Chief Deputy at the State Auditor’s Office in Santa Fe.
· Commissioner Dutton stated that the agency had moved forward under her leadership and he was glad to have been a part of it and thanked her for her service.
· Commissioner Martinez thanked Don for the kind words and stated that it had been a pleasure working with him and wished the Board the best of luck in the gaming world.
· Arnold Rael was elected Chairman of the Racing Commission and was sworn in as ex officio of the New Mexico Gaming Control Board.
· Commissioner Dutton was recently reappointed to his position by the Governor.
· Executive Director John Monforte was appointed and sworn in as Interim State Gaming Representative.
Chairman Norvell entertained a retroactive motion to designate John Monforte as the Interim State Gaming Representative. D. Dutton. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion. A. Rael, D. Dutton, D. Norvell and C. Martinez.
2 Closed Executive Session. Chairman David Norvell entertained a motion to go into closed executive session for the purpose of discussing pending administrative and enforcement matters and limited personnel matters as enumerated in detail on the agenda. (Closed pursuant to section 10-15-1(H), NMSA 1978): D. Dutton. Second: A. Rael. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: A. Rael, D. Dutton, D. Norvell and C. Martinez.
3 On Friday January 26, 2007 at approximately 10:30 a.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: A. Rael, D. Dutton, D. Norvell and C. Martinez. Chairman David Norvell certified the only matters that were discussed in closed executive session were pending administrative and enforcement matters and limited personnel matters as enumerated in detail on the agenda.
4 Pending Administrative and Enforcement Actions
· Request to Re-open; American Legion Post #72
Representatives from American Legion Post #72 requested a closed session.
Chairman Norvell entertained a motion to go back into closed executive session: D. Dutton. Second: C. Martinez. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion: A. Rael, D. Dutton, D. Norvell and C. Martinez.
· Chairman Norvell entertained a motion 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: A. Rael, D. Dutton, D. Norvell and C. Martinez. Chairman David Norvell certified the only matter that was discussed in closed executive session was the re-opening of the American Legion Post #72
· Commissioner Martinez made a motion to grant the request by American Legion Post #72 to re-open with the exception of a condition that they would agree that within 30 days to either affirmatively adopt the minimum internal controls that the Gaming Control Board has for non-profits or to incorporate their own minimum internal controls that at least at a minimum reach the minimum internal controls that the New Mexico Gaming Control Board has adopted.
· General Counsel Frank Baca asked for point of clarification: 1) when would the opening day be effective and 2) would they have 30 days from today or from what period of time would they have to submit their internal controls?
· Commissioner Martinez noted that her motion was 30 days from today and the opening day would be effective immediately. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion. A. Rael, D. Dutton, D. Norvell and C. Martinez.
· Chairman David Norvell informed the representatives from American Legion Post #72 that they could re-open today but that they would need to visit with the Audit Division so that they clearly understood what the condition was about the minimum controls, that they either adopt the Gaming Control Board minimum internal controls or adopt their own minimum internal controls that are at least as stringent as those of the Gaming Control Board.
· Commissioner Dutton personally thanked the representatives from American Legion Post #72 for their application to renew and also for their volunteerism and the service they had done to date. He stated that the Board was happy to see them open again, and asked that they work closely with their auditors so that this does not come about again.
5 Policy and Rulemaking Matters
· Appointment of Hearing Officer, Henry Alaniz, Esq., for Rules 15.1 NMAC
General Counsel Frank Baca requested a formal appointment of Henry Alaniz as a hearing officer for the rule making hearing to be held on February 1, 2007.
· Commissioner Martinez made a motion to appoint Henry Alaniz as the Hearing Officer for rules 15.1 NMAC. Second: D. Dutton. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion. A. Rael, D. Dutton, D. Norvell and C. Martinez.
6 Public Comments.
No public comments.
7 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. D. Dutton Second: A. Rael.
/s/David Norvell, Esq. Date Approved: 03-20-07
Chairman