NEW MEXICO GAMING CONTROL BOARD
Special Board Meeting
March 6, 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 8:37 a.m., on Tuesday March 6, 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, and Chairman David Norvell. Commissioner Carolyn Monroe was present (telephonically). John Monforte, Executive Director and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chairman David Norvell presented the agenda for approval. Mr. Monforte asked that under B: Licensing (a.) Request to Re-Open American Legion Post #13 be tabled. Chairman Norvell entertained a motion to approve the agenda as amended: A. Rael. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, D. Norvell and C. Monroe.
1 Closed Executive Session. Chairman David Norvell entertained a motion to go into closed executive session, for the purpose of discussing licensing matters and limited personnel matters as enumerated in detail on the agenda as amended. (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. Monroe.
2 On Tuesday March 6, 2007 at approximately 9:35 p.m., a motion was made to go back into open session: C. Monroe. 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. Monroe. Chairman David Norvell certified the only matters that were discussed in closed executive session were licensing matters and limited personnel matters as detailed on the agenda as it was amended.
· Issuance of Findings of Suitability on Key and Affiliated Persons
Certification of Finding of Suitability of Deloss Craig Smith; Albuquerque Downs
Certification of Finding of Suitability of Wayne D. Thompson; Albuquerque Downs
· Chairman Norvell noted that the matters on the agenda for today were the Certification of Finding of Suitability for Craig Smith and Wayne Thompson. Chairman Norvell also noted that Mr. Blackburn was in the audience and asked if he was here representing someone.
· Attorney Billy Blackburn noted that he would represent at least for today both Mr. Smith and Mr. Thompson not knowing the nature of the hearing this morning other than there was a Board Action indicating that the Board would meet to consider an emergency order.
Mr. Blackburn stated that he was here representing both of them and that he had received some documents while he was waiting and did talk to one of the staff and was asked if he was representing Mr. Smith or Mr. Thompson and if indeed there would be a conflict. Mr. Blackburn commented I throw that back to the Board not knowing the nature of the hearing today I don’t know if there is a potential conflict so I least for right now, Mr. Chairman and Members of the Board I am representing both individuals.
Chairman Norvell: We have provided you with all of the documents relating to the investigation so I think you have a sense of the issue that the Board is considering. Chairman Norvell asked Mr. Blanchard was present with his attorney representing the Downs if he had any comments. Mr. Blanchard had no comments.
Commissioner Dutton made a motion to issue an emergency order suspending the finding of suitability with regard to Craig Smith, Manager of the Downs of Albuquerque Casino. Second: C. Monroe. 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. Monroe.
Commissioner Dutton made a motion to issue an emergency order suspending the finding of suitability with regard to Wayne Doug Thompson, Assistant Manager of the Downs of Albuquerque. Second: C. Monroe. 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. Monroe.
Chairman Norvell noted the emergency order will be effective when it is issued the matter will then go to a hearing officer, the hearing officer will set a date for hearing, you will present your defense at that time and then the board will receive a report from the hearing officer and then the board will address the matter finally at that time.
Chairman Norvell asked that attorneys present, Mr. Blackburn and Ms. Wolf if they had any statements to make at this time noting that the only concern of the Board was that the Board will ultimately be the deciders of the fact based upon the report of the hearing officer. He requested that the attorney’s not provide the Board a lot of factual information that they would prefer to get that after the hearing officer’s report and asked if they would like to make a statement.
Mr. Blackburn: Obviously the Board has already voted unanimously so I think it may be a waste of time to ask the Board to reconsider I will just state for the record that for the first time today we were provided with the documentation that relates to this particular issue. I will also submit that with all due respect at least with the documents that have been presented to us that it doesn’t appear to me to meet the requirements of an emergency as set forth in the rules and regulations and in particular according to 15.1.20.8 as to whether or not it is an immediate whether or not the emergency order shall issue when there is some type of immediate preservation. If indeed these matters were of such an emergency nature and the only issue before the Board today was what happened with the gentleman falling asleep in July of last year then I would have thought the Board would have addressed this issue prior to March 6, 2007, some eight months later. Having said that I don’t think it’s an emergency and I think there were other ways around being able to affect what the Board wants to do by issuing citations or having a complaint. One of the things that we would have recommended to the Board was that instead of suspending pending final resolution is that you consider limiting or conditioning a matter. If there was an issue of public preservation then Mr. Blanchard, speaking of Mr. Blanchard and Mr. Windham they were willing to pay to have someone sit over there in a capacity as a surveillance person to monitor what goes on at the casino and could have either Mr. Thompson or Mr. Smith placed in another position and we would be willing to pay to have an investigator sit over there pending final resolution of this. The problem that it puts us in and I’ve been authorized to state this is we may have to close the casino and we don’t have anybody on board to take over once the emergency takes effect. A plan had been presented to, we just can’t go out and hire someone overnight so rather than the emergency an we may be faced and that would be a decision that Mr. Blanchard through his attorneys will make but it may be in a position that they will close the casino for a few days because they’re not going to have key personnel and if that does that its going to be unfortunate because 200 other people may be without a job so I would just ask the Board although you have voted that’s basically all I have, I don’t know if Ms. Wolf has anything that she wants to add because she is the corporate person. I do know we’ll meet with your staff to see if there is a conflict because it is difficult in reading the 26 pages in the brief period of time outside but if there’s a belief that there is a conflict then we will address that. I would just say that Board has set a precedent in the past in dealing with these issues in particular as they relate to emergency matters. I know that in reading the documentation one was the fact that was immediately reported and that could have something to do with your resolution you did today but I represented somebody about two-three years ago in front of the Board and one of the complaints was that it was unsuitable methods and was a violation of the Gaming Board and also that they have failed to notify the Board timely with any violation. That person went through a complaint process, was not suspended, it was not an emergency order an with all due respect I think we all know who I’m talking about that was Mr. Hubbard who was facing the suspension of his license in Indiana which would have suspended his license here and the Board at that time chose not to enter an emergency order because it had been a number of months previous to that. I know those are apples and oranges, those are different circumstances and I don’t have all the facts and details that you all have but I would just ask that if there is a possibility that you would reconsider maybe not suspending them or not having the emergency order and go through the complaint process we would ask that that be duly considered.
Chairman Norvell: Thank you Mr. Blackburn, we in executive session considered a number of alternatives that being one of them before decision was made. Are there any further comments?
There being no other business to come before the Board, Chair David Norvell entertained a motion to adjourn. C. Monroe. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion to adjourn. A. Rael, D. Dutton, D. Norvell and C. Monroe.
/s/David Norvell, Esq. Date Approved: 03-20-07
Chairman