NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
September 19, 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 9:05 a.m., on Wednesday, September 19, 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, Commissioner Carolyn Monroe and Chairman David Norvell. Executive Director John Monforte, Deputy Executive Director Greg Saunders and General Counsel Frank Baca were also in attendance.
· Approval of Agenda
Chairman Norvell presented the agenda for approval. Executive Director Monforte noted only one change to the agenda. B-2c Licensing – B.P.O. Elks #2053 to be Tabled. Chairman Norvell entertained a motion to approve the agenda as amended: C. Monroe. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
1 Closed Executive Session. Chairman 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 and limited personnel matters as enumerated in detail on the agenda. (Closed pursuant to section 10-15-1(H), NMSA 1978): D. Dutton. Second: C. Monroe. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: A. Rael, D. Dutton, C. Monroe and D. Norvell.
2 On Wednesday September 19, 2007 at approximately 1:32 p.m., a motion was made to go back into open session: D. Dutton. Second: A. Rael. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell. Chairman 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 and limited personnel matters as enumerated in detail on the agenda.
3 Approval of Minutes. Chairman Norvell presented the One Day Regular Board Meeting minutes of August 22, 2007 for approval: Commissioner Rael moved to approve the Board minutes as stated. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
4 Board Chairman Announcements.
· Swearing in of new personnel:
· Chairman Norvell announced that the regular 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. Mr. Norvell announced the following schedule for the next Board meetings:
October 17, 2007 in Hobbs, NM - Closed Session to be held at 9:00 a.m. and
Open Session to be held at 11:00 a.m.
November 20, 2007 in Albuquerque, NM – date may be changed
December 11, 2007 in Albuquerque, NM
5 Pending Administrative and Enforcement Actions
· Approval of Settlement Agreement; Veterans of Foreign Wars #401; Cause No. 06-017-EA. There was no one present from Veterans of Foreign Wars #401 to address the Board on this issue. Commissioner Monroe moved to approve the settlement agreement with Veterans of Foreign Wars #401 and grant a motion and order to dismiss the complaint without prejudice. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Approval of Settlement Agreement; IGT, Inc.; Cause No. 06-021-EA. There was no one present from IGT to address the Board on this issue. Commissioner Dutton moved to approve the settlement agreement with IGT and grant a motion and order to dismiss the complaint without prejudice. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Approval of Settlement Agreement; WMS Gaming; Cause No. 07-028-EA. Kari Correll, Manager Compliance & Licensing representing WMS Gaming addressed the Board on this issue. Commissioner Rael moved to approve the settlement agreement with WMS Gaming and grant a motion and order to dismiss the complaint with prejudice. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Approval of Settlement Agreement; Shuffle Master; Cause No. 07-032-EA. Claire Svejkovsky, Senior Director of Regulatory/Licensing Compliance and Attorney John K. Maloney, representatives for Shuffle Master addressed the Board on this issue in Closed Session. Commissioner Monroe moved to approve the settlement agreement with Shuffle Master and grant a motion and order to dismiss the complaint without prejudice. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
6 Licensing
· Miscellaneous Matters
IGT Investment Analysis of financial condition of DigiDeal Corporation. There was no one present from DigiDeal present to address the Board on this issue.
Commissioner Dutton moved to license DigiDeal and to remove the existing conditions from their license. Second: C. Monroe. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Renewals of Gaming Licenses for 2007:
There was no one present to address the Board on any of the renewals or gaming licenses. Commissioner Rael moved to renew the gaming licenses as follows:
a American Legion Post #69 (Albuquerque, NM)
with no conditions
b. B.P.O. Elks #1172 (Tucumcari, NM)
Subject to the following condition: Respondent will fully comply
with Settlement Agreement in Cause #60-010-EA.
c. B.P.O. Elks #2053 (Grants, NM) - Tabled
d. Fraternal Order of Eagles #3187 (Roswell, NM)
with no conditions
e. Fraternal Order of Eagles #4017 (Socorro, NM)
Subject to the following condition: Respondent will fully
comply with Settlement Agreement in Cause No. 06-002-SA.
f. Loyal Order of Moose #2050 (T or C, NM)
Respondent shall permanently bar Ronald R. Alleman and
Daryl L. Conley from any involvement in any gaming activity
conducted by Respondent, specifically including but not limited
to any involvement with or access to any proceeds from gaming
of any kind of nature whatsoever.
g. Progressive Gaming (Las Vegas, NV)
with no conditions
h. Veterans of Foreign Wars #1547 (Las Vegas, NM)
with no conditions
Second: D. Dutton. Vote: 4-0. All voted in favor of the motion as stated by Commissioner Rael: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Issuance of Findings of Suitability on Key and Affiliated Persons
There was no one present to address the Board on the issue of new applications for key and affiliated persons, renewal key persons and key person changes.
1. New Application
a. Brenda Kay Rivale – Gaming Manager – American Legion Post #77 (Logan, NM)
b. Emmanual “Mike” Christos – Assistant Gaming Manager – B.P.O. Elks #865 (Raton, NM)
c. Eric J. Vetter – Director - DigiDeal Corporation (Spokane, WA)
d. Timothy B. Richards – Board of Director – DigiDeal Corporation (Spokane, WA)
e. Wayne O. Joyce – Assistant Gaming Manager – Fraternal Order of Eagles #3189 (Hobbs, NM)
f. Richard D. Jaramillo – Gaming Manager – Fraternal Order of Eagles #3815 (Las Vegas, NM)
g. Daniel R. Siciliano – Chief Accounting Officer/Treasurer – IGT, Inc. (Las Vegas, NV)
h. Roy Robert George – Director of Corporate Security – Ruidoso Downs (Ruidoso, NM)
i. Felix Trujillo – Commander – Veterans of Foreign Wars #401 (Albuquerque, NM)
2. Renewal Key Persons
a. Barbara Digby – Gaming Manager – American Legion Post #90 (Los Alamos, NM)
b. Lisa Garthwaite – Gaming Manager – B.P.O. Elks #1717 (Artesia, NM)
c. Paul R. Wing – Gaming Manager – Loyal Order of Moose #2016 (Alamogordo, NM)
d. Benjamin Woodruff – Assistant Gaming Manager – Loyal Order of Moose #2016 (Alamogordo, NM)
3. Key Person Changes
a. Rudolph A. Chavez – Assistant Gaming Accountant – American Legion Post #69 (Albuquerque, NM) – with condition that Mr. Chavez may review paperwork only.
Commissioner Monroe moved to accept the findings of suitability on the new applications, the renewal key persons and the key person change of Rudolph A. Chavez with the condition that he only review the paperwork. A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
7 Policy & Rulemaking Matters.
· Appointment of Hearing Officer for Rules
General Counsel, Frank Baca requested an official appointment of the hearing officer and proposed that the Henry Alaniz be appointed for the hearing of the rule changes listed below:
15.1.5 NMAC, 15.1.7 NMAC, 15.1.8 NMAC, 15.1.9 NMAC, 15.1.10 NMAC, 15.1.11 NMAC, 15.1.13 NMAC, 15.1.14 NMAC, 15.1.16 NMAC, 15.1.17 NMAC, 15.1.19 NMAC, 15.1.24 NMAC
Commissioner Monroe moved to appoint a hearing officer for the purpose of hearing the rules listed by Mr. Baca. Second: D. Dutton. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
· Disposition of worn-out, unusable or obsolete property
Deputy Executive Director Greg Saunders presented the Board with a copy of a spreadsheet detailing specific equipment that the Gaming Control Board wishes to dispose of. Mr. Saunders noted that this equipment has completed its useable lifecycle, holds minimal value and is eligible for disposal. The process is that the Board votes on the list then it goes to the General Services Department, Property Control. Mr. Saunders also noted that GSD and the State Auditor are then provided the approved minutes of this meeting in order to affirm that this action can take place.
Commissioner Dutton moved to grant the authority to dispose of the items that are set forth on this spreadsheet and that this spreadsheet be attached to the minutes and to the copy of the order pursuant to Section 13-6-1B1 NMSA 1978 Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe and D. Norvell.
8 Public Comments. There were no public comments.
9 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. D. Dutton. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Dutton, C. Monroe D. Norvell.
/s/David Norvell, Esq. Date Approved: 10-17-07
Chairman