NEW MEXICO GAMING CONTROL BOARD
One-Day Regular Board Meeting
November 14, 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, November 14, 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 Demesia Padilla, Commissioner James Peterson and Chairman David Norvell. Commissioner Don Dutton was not present. Executive Director John Monforte, Deputy Executive Director Greg Saunders and General Counsel Frank Baca were also in attendance.
· Swearing in of new Board members Demesia Padilla and James Peterson
· Approval of Agenda
Chairman Norvell presented the agenda for approval. Executive Director Monforte noted there were no changes to the agenda. Chairman Norvell entertained a motion to approve the agenda as amended: A. Rael. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
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): A. Rael. Second: D. Padilla. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: A. Rael, D. Norvell, D. Padilla and J. Peterson.
2 On Wednesday November 14 , 2007 at approximately 1:32 p.m., a motion was made to go back into open session: D. Padilla. Second: A. Rael. Vote: 4-0. A roll call vote was taken and all voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell certified the only matters that were discussed in closed executive session were 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 October 17, 2007 for approval: Commissioner Rael moved to approve the Board minutes as stated. Second: J. Peterson. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
4 Board Chairman Announcements.
· Swearing in of new Board members: Chairman Norvell comments regarding the new Board members:
James Peterson - public member replaces Carolyn Monroe whose position was set to expire in December but she recently moved out of state so the Governor thought it best that the position be filled before the expiration date.
Demesia Padilla – is a certified public account here in Albuquerque and she fills the vacancy that has existed since January of Carla Martinez.
· 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 following morning. The next Board meeting is scheduled for December 11, 2007 in Albuquerque, NM.
5 Pending Administrative and Enforcement Actions
· Approval of Settlement Agreement; American Legion Post #25; Cause No. 07-012-EA. There was no one present from American Legion Post #25 to address the Board on this issue. Commissioner Rael moved to amend the settlement agreement with American Legion Post #25 that the $250.00 fine be paid immediately instead of being suspended for a period of six months. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, J. Peterson, D. Padilla and D. Norvell.
· Approval of Settlement Agreement; Veterans of Foreign Wars #1547; Cause No. 06-020-EA. There was no one present from Veterans of Foreign Wars #1547 to address the Board on this issue. Commissioner Padilla moved to approve the settlement agreement with Veterans of Foreign Wars #1547. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, J. Peterson, D. Padilla and D. Norvell.
· Approval of Settlement Agreement; Loyal Order of Moose #2050; Cause No. 07-022-EA. There was no one present from Loyal Order of Moose #2050 to address the Board on this issue. Commissioner J. Peterson moved to approve the settlement agreement with Loyal Order of Moose #2050. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, J. Peterson, D. Padilla and D. Norvell.
· Approval of Settlement Agreements; Chairman Norvell read the following names noting that these are all the settlement agreements relating to the offenses of pre-signed checks:
Frank Romero, Fraternal Order of Eagles #3245; Cause No. 07-002-EA
Ray Jackson, Fraternal Order of Eagles #3245; Cause No. 07-002-SA
Raymond Anaya, American Legion #25; Cause No. 07-005-SA
Jesse Alvarez, American Legion #25; Cause No. 07-005-SA
Lavonia Hardison, Loyal Order of Moose #2080; Cause No. 07-006-SA
Alma Gaston, Loyal Order of Moose #2080; Cause No. 07-006-SA
Robert Jaramillo, American Legion #69; Cause No. 07-007-SA
Joseph Arnett, American Legion #69; Cause No. 07-007-SA
Kenneth Patterson, BPO Elks#2086; Cause No. 07-004-SA
Mary Hull, BPO Elks #2086; Cause No. 07-004-SA
James Logan, BPO Elks #969; Cause No. 07-003-SA
Rebecca Fisher, BPO Elks #969; Cause No. 07-003-SA
Commissioner Rael moved to accept the settlement agreements as read by Chairman Norvell stating that the stipulation in these settlement agreements is that the fine of $100.00 will be deferred for one year from the date of the settlement. If there are no further similar violations in that time, the citations will be dismissed and the matters will be closed. If there are further similar violations the $100.00 fine will be imposed following adjudication of the new matters. Second: D. Padilla. There was no discussion from the Board and there was no one present to address the above listed matters. Vote: 4-0. All voted in favor of the motion: A. Rael, J. Peterson, D. Padilla and D. Norvell.
· Approval of Settlement Agreement; Gilbert ‘Louie’ Holcomb; Cause No. 07-019-EA. Commissioner Padilla moved to accept the settlement agreement in the matter of Louie Holcomb. Commissioner Padilla amended her motion to include the removal of the complaint. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, J. Peterson, D. Padilla and D. Norvell. Mr. Holcomb was not present to address this issue before the Board.
· Approval of Hearing Officer’s Recommendation; BPO Elks #408; Cause No. 06-018-EA. Commissioner Peterson moved to accept the hearing officer’s recommendation of a $1,000.00 fine payable in monthly installments over a period of twelve months. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson. The representative for BPO Elks #408 requested to meet with the Board in closed executive session. Chairman Norvell entertained a motion to go into closed executive session to discuss the matter of the hearing officer’s recommendation for BPO Elks #408. A. Rael. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
· Chairman Norvell stated that the only matter discussed while in closed session was the proposed approval of the hearing officer’s recommendation of BPO Elks #408. The original motion in this matter was that the $1,000.00 fine be payable in monthly installments over a period of twelve months. The representative for BPO Elks #408 recommended that the $1,000.00 be paid immediately in one lump sum. Commissioner Peterson modified his motion to accept the recommendation provided by the Elks Club representative that the $1,000.00 fine be paid in full at this time. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
· Approval of Hearing Officer’s Recommendation; In the matter of State v. Casey Lueras; Cause No. 07-023-EA. Commissioner Rael moved to table this matter and send it back to the hearing officer’s for a clearer input as to how to handle this case. Mr. Lueras was present to address the Board on this issue. Chairman Norvell noted that the Board was unsure about whether or not the record that was developed in this case for the hearing was complete so that the Board could make an informed decision as to what should be done with regard to this case so the proposal was to table it and send it back to the hearing officer and ask him to reopen and address some of the concerns that the Board has about the matter before they make a decision. Mr. Lueras noted that he was still working and trying to provide for his family. Commissioner Padilla asked Mr. Lueras if he was in compliance with his court order and Mr. Lueras stated he was. Chairman Norvell asked Mr. Lueras if he was working full time and Mr. Lueras stated that he was. Commissioner Rael noted that there were two cases, one in Albuquerque and one in Hobbs and asked Mr. Lueras if he was taking care of both. Mr. Lueras stated that he was doing both. Chairman Norvell noted that he wanted the record to be clear on that issue before the Board made a determination. The motion was to Table this matter. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
· Approval of Hearing Officer’s Recommendation; In the matter of Loyal Order of Moose #2095; Cause No. 06-015-EA. Commissioner Padilla moved to accept the motion on the matter of Loyal Order of Moose #2095. Second: J. Peterson. There was no one present from Loyal Order of Moose #2095 to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
Chairman Norvell noted that the hearing officer’s recommendation was that the Board enter default judgment against Respondent in this matter and to further recommend that the Board suspend Respondent’s gaming operator license until such date as Respondent has paid charity into it s charity account and disbursed $14,005.18.
· Notice of exclusion of Dewayne Frank, WP004576. Commissioner Peterson moved that the Board approve the request for exclusion from New Mexico gaming establishments for Mr. Dewayne Frank. Second: A. Rael. Mr. Frank was not present to discuss this issue before the Board. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
· Notice to Exclude Ricardo Valle from New Mexico Gaming Establishments:
Commissioner Rael moved that Ricardo Valle be placed on the exclusion list and his exclusion be circulated pursuant to the rule and posted on the website. Second: D. Padilla. Mr. Valle was not present to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
6 Licensing
1. New Application:
a. B.P.O. Elks Lodge #2500, Nonprofit License (Rio Rancho, NM)
There were several representatives from BPO Elks Lodge #2500. Mr. Dan Loy made a few comments regarding the organization. Commissioner Padilla moved to accept the application for BPO Elks Lodge #2500. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
2. Renewals of Gaming Licenses for 2007
a Fraternal Order of Eagles #2811 (Santa Fe, NM)
b. Fraternal Order of Eagles #3815 (Las Vegas, NM)
There was no one present from Fraternal Order of Eagle #2811 and #3815. Both had the following condition: Licensee needs to be registered with the Department of Justice by December 1, 2007.
c. Veterans of Foreign Wars #3015 (Clovis, NM) There was no one present from VFW #3015 and there were no conditions for this licensee. Commissioner Peterson moved to approve the renewals subject to the condition that they register by December 1, 2007. Second: A. Rael. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
- Issuance of Findings of Suitability on Key and Affiliated Persons
1. New Application
a. Anna Emrick – Gaming Accountant – B.P.O. Elks Lodge #2500 (Rio Rancho, NM)
b. Donald Mott – Gaming Manager – B.P.O. Elks #2500 (Rio Rancho, NM)
c. Annette Lucero – Assistant Gaming Manager – B.P.O. Elks Lodge #2500 (Rio Rancho, NM)
d. David J. Ferguson – Gaming Accountant – Veterans of Foreign Wars #7686 (Alamogordo, NM)
2. Renewal Key Persons
a. Benjamin Paz – Slot Manager – Sunland Park Racetrack ( Sunland Park, NM)
b. Gary Lee Shaffer – Casino Manager – Sunland Park Racetrack (Sunland Park, NM)
c. Aaron G. Roeber – Security Manager / Property Manager – SunRay Gaming of NM (Farmington, NM)
3. Key Person Title Changes
a. Nichole A. Floyd, CPA, Chief Financial Officer/Secretary/Treasurer – DigiDeal Corporation (Spokane, WA)
b. Arthur M. Gonzales – Gaming Manager – B.P.O. Elks Lodge #408 (Las Vegas, NM)
c. Ronald W. Marshall – Quartermaster/Gaming Accountant – Veterans of Foreign Wars #401 (Albuquerque, NM)
Commissioner Rael moved to accept the findings of suitability on the new applications, the renewal key persons and the key person title changes. D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
7 Public Comments. There were no public comments.
8 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. A. Rael. Second: D. Padilla. Vote: 4-0. All voted in favor of the motion: A. Rael, D. Norvell, D. Padilla and J. Peterson.
/s/David Norvell, Esq. Date Approved: 12-11-07
Chairman