NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting July 20, 2011 MINUTES

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1 NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting July 20, 2011 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 9:00 a.m., Wednesday July 20, 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 Steve Miller, Commissioner Robert Doughty, Chairman David Norvell, Commissioner Marc Prelo and Commissioner James Peterson. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda Mr. Baca noted there was one change to the agenda. Issuance of Findings of Suitability on Key and Affiliated Persons 2. (b) Petra Vidmar Chief Compliance Officer Elektroncek (Las Vegas, NV) should be listed under item #1 New Applications not Renewals.

2 2 Chairman Norvell entertained a motion to approve the agenda as amended. M. Prelo. Second: S. Miller. Vote: 5-0. All voted to approve the agenda as presented: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Chairman Norvell: The motion is agreed to and the agenda is approved. 1 Closed Executive Session. Chairman Norvell entertained a motion to go into closed executive session until 11:00 a.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 (H), NMSA 1978): R. Doughty. Second: M. Prelo. Vote: 5-0. A roll call vote was taken and all voted to go into closed executive session: S. Miller, R. Doughty, M. Prelo, D. Norvell, and J. Peterson. 2 On Wednesday July 20, 2011 at approximately 11:30 a.m., Chairman Norvell entertained a motion to go back into open session. M. Prelo. Second: J. Peterson. Vote: 5-0. A roll call vote was taken and all voted to go into open session: S. Miller, R. Doughty, D. Norvell, M. Prelo 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 following minutes for approval: 1. Minutes of One Day Regular Board Meeting, June 14, Minutes of One Day Working Session, June 21, 2011

3 3 Commissioner Miller moved to approve the minutes as presented. Second: J. Peterson. Vote: 5-0. All voted in favor of the motion to approve the minutes as presented: S. Miller, R. Doughty, M. Prelo, D. Norvell and J. Peterson. Chairman Norvell: The minutes of the regular meeting of June 14, 2011 and the minutes for the working session of June 21, 2011 are approved. 4 Board Chairman Announcements a. August Board meeting is scheduled for Wednesday, August 24, 2011 in Albuquerque, NM b. September Board meeting is scheduled for Wednesday, September 21, 2011 in Albuquerque, NM c. October Board meeting is scheduled for Wednesday, October 19, 2011 in Albuquerque, NM d. November Board meeting is scheduled for Wednesday, November 16, 2011 in Albuquerque, NM e. December Board meeting is scheduled for Wednesday, December 14, 2011 in Albuquerque, NM 5 Licensing as read into record by Mr. Baca 1. Renewals of Gaming Licenses for 2011 a. American Legion Post #100 (Albuquerque, NM) Existing Condition: Rosemary Ruth Chavez is to be excluded from working in the gaming and/or bingo operations of the Licensee. She is not to participate, advise or influence the gaming and bingo operations of Licensee in any manner, so long as gaming and bingo are operational in this club. Second Condition: It is recommended the gaming license for ALP #100 in Albuquerque be renewed with the condition that all requirements set forth in the settlement agreement Cause # EA be followed. b. American Legion Post #118 (Rio Rancho, NM) w/o conditions c. B.P.O. Elks #1244 (Clovis, NM) w/o conditions d. HAPP Controls (Elk Grove Village, IL) w/o conditions e. The Downs at Albuquerque (Albuquerque, NM) - w/o conditions f. Veterans of Foreign Wars #401 (Albuquerque, NM) w/o conditions Commissioner Peterson moved to approve the renewals of the gaming licenses with no conditions and ALP #100 with the two conditions listed: Second: R.

4 4 Doughty. There was no discussion and there was no one present in the audience to address the Board on these applications. Vote: 5-0. All voted in favor of the motion to renew the applications: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Chairman Norvell: The motion is agreed to and those gaming licenses for 2011 are renewed. g. Veterans of Foreign Wars #1793 (Raton, NM) One Condition: Compliance plan to include training and procedures for money handling and segregation of duties. The compliance plan has already been submitted but we would ask that the condition be placed so we can review the compliance plan. Commissioner Miller moved to grant the renewal with the condition as read to include training and procedures for money handling and segregation of duties. Second: R. Doughty. There was no discussion. Vote: 5-0. All voted in favor of the motion to renew the application: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Chairman Norvell: The motion is agreed to with the condition. 2. Miscellaneous a. Review of findings of suitability for SunRay Park & Casino Mr. Baca: Recommendation by staff is that the human resource manager should be a work permit only. The one still at issue is the marketing manager as to whether or not that should be an FOS or a work permit. Mr. Chairman the question before the Board is: a. approving the other recommendation by staff and b. deciding whether or not the marketing manager should be required to have a finding or suitability or simply a work permit.

5 5 Commissioner Prelo moved to approve the human resource manager as work permit only. Second: J. Peterson. There was no discussion. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Commissioner Doughty moved to make the Marketing Manager stay the same currently licensed work permit. Second: J. Peterson. There was no discussion. Vote: 4-1. The vote in favor of the motion was: S. Miller - No R. Doughty, D. Norvell, M. Prelo and J. Peterson Yes Chairman Norvell: The motion is agreed to and the Marketing Manager at SunRay will be named as a work permit as opposed to a finding of suitability. b. Reconsideration of findings of suitability for Zia Park, L.L.C. This is a matter that was discussed in closed session there was also a matter that was brought by staff for the previous decisions made by the board whereby certain positions were required to be found suitable and after discussion with licensee the staff agreed that those positions should be downgraded to a work permit so we would ask the board to approve that. Secondly, and separately from that and this is at the Board s option we did not bring before the Board the issue of the security and surveillance operation position where apparently there is some dispute. I would ask the Board to make a decision on that or to perhaps defer or table that because there was really no specific request in front of the Board on that issue. Commissioner Miller made a motion to grant what had been agreed upon as presented including the security. Second: M. Prelo. There was no discussion. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Chairman Norvell: The motion is agreed to. c. Request for consideration of removal from the State Self Exclusion list; Renee Guerrero and Patricia Guerrero

6 6 Commissioner Miller moved to deny both requests. Second: J. Peterson. There was no discussion. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson Chairman Norvell: The motion is agreed to and both requests are denied. 6 Issuance of Findings of Suitability on Key and Affiliated Persons 1. New Applications without conditions a. Eileen Raney Director Shuffle Master, Inc. (Las Vegas, NV) b. Traci J. Wolf Vice President The Downs at Albuquerque (Albuquerque, NM) c. Allan Kuchinsky Assistant Gaming Manager Veterans of Foreign Wars #7686 (Alamogordo, NM) d. Petra Vidmar Chief Compliance Officer Elektroncek (Las Vegas, NV) 2. Renewal Key Persons a. Truman White Gaming Manager American Legion Post #49 (Albuquerque, NM) b. Francisco Saragosa Gaming Manager Fraternal Order of Eagles #3189 (Hobbs, NM) 3. Additional Entity, Universal Addition a. Andrea Baca Gaming Accountant American Legion Post #118 (Rio Rancho, NM) Commissioner Doughty moved to accept the findings of suitability on key and affiliated persons for the new applicants, renewal key persons and additional entity, universal addition as stated by Mr. Baca. Second: J. Peterson. There was no discussion. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson.

7 7 Chairman Norvell: approved. The motion is agreed to and all of the applications are 4. Key Person Updates a. Eusebio Esparza Commander Veterans of Foreign Wars #1793 (Raton, NM) b. Gary Fresquez Quartermaster Veterans of Foreign Wars #1793 (Raton, NM) Commissioner Miller moved to deny their change in title. Second: R. Doughty. There was no discussion. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson. Chairman Norvell: The motion is agreed to. 7 Public Comments Gary Fresquez and Eusebio Esparza from VFW 1793 appeared before the Board: Mr. Fresquez: We have been denied the change in title so does that mean we that we go back to the original title? Frank Baca: Your previous finding of suitability is still in place, it is the new title that you requested a change for which has been denied. We would be happy to speak with you after the meeting to talk about that. Mr. Fresquez: In short are we still in business? Chairman Norvell: We will meet with you after we adjourn. Chairman Norvell: This is the last meeting day for Mr. Peterson. Unfortunately he has submitted his resignation effective at the adjournment of this meeting. Mr. Peterson has added a great deal of creditability to this Board, he s spoken on financial matters, and he has done a great job in helping us understand how the financial world works. We will miss you and wish you all the good luck in the world. 8 Adjournment. There being no other business to come before the Board, Chairman David Norvell entertained a motion to adjourn. R. Doughty. Second: J.

8 8 Peterson. Vote: 5-0. All voted in favor of the motion: S. Miller, R. Doughty, D. Norvell, M. Prelo and J. Peterson /s/david L. Norvell, Esq. Date Approved: Chairman