NEW MEXICO GAMING CONTROL BOARD One-Day Regular Board Meeting March 16, 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 March 16, 2011. 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 Marc Prelo, Chairman David Norvell, Commissioner Demesia Padilla and James Peterson. Acting Executive Director/General Counsel Frank Baca was also in attendance. Approval of Agenda Chairman Norvell entertained a motion to approve the agenda as presented. D. Padilla. Second: M. Prelo. Vote: 4-0. All voted to approve the agenda as presented: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The agenda is
2 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 10-14-1(H), NMSA 1978): D. Padilla. Second: J. Peterson. Vote: 4-0. A roll call vote was taken and all voted to go into closed executive session: M. Prelo, D. Norvell, D. Padilla and J. Peterson. 2 On Wednesday, March 16, 2011 at approximately 11:00 a.m., Chairman Norvell entertained a motion to go back into open session. M. Prelo. Second: D. Padilla. Vote: 4-0. A roll call vote was taken and all voted to go into open session: M. Prelo, 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 following minutes for approval: 1. Minutes of One Day Regular Board Meeting, February 23, 2011 Commissioner Padilla moved to approve the minutes as presented. Second: M. Prelo. Vote: 4-0. All voted in favor of the motion to approve the minutes as presented: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The minutes of the February 23, 2011 meeting are
3 4 Board Chairman Announcements a. April Board meeting is scheduled for Wednesday, April 13, 2011 in Albuquerque, NM b. May Board meeting is scheduled for Wednesday, May 18, 2011 in Albuquerque, NM c. June Board meeting is scheduled for Tuesday, June 14, 2011 in Albuquerque, NM 5 Pending Administrative and Enforcement Actions a. Consideration of approval of settlement agreement; Andres Sandoval; Cause No. 10-007-SA Commissioner Prelo moved to accept the approval of the settlement agreement with Andres Sandoval. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the settlement agreement is b. Consideration of approval of settlement agreement; Fraternal Order of Eagles #4101; Cause No. 11-007-SA Commissioner Padilla moved to accept the approval of the settlement agreement with Fraternal Order of Eagles #4101. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the settlement agreement is
4 c. Consideration of approval of recommendation of dismissal; B.P.O. Elks #863; Cause No. 08-001-EA Commissioner Prelo moved to accept the approval of the recommendation of dismissal with BPO Elks #863. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the recommendation of dismissal is d. Consideration of approval of recommendation of dismissal; Emund Horn; Cause No. 08-001-EA Commissioner Padilla moved to accept the approval of the recommendation of dismissal for Emund Horn, Cause No. 08-001-EA. Second: M. Prelo. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the recommendation of dismissal is e. Consideration of approval of recommendation of dismissal; Fraternal Order of Eagles #2811; Cause No. 09-005-EA Commissioner Prelo moved to accept the approval of the recommendation of dismissal for Fraternal Order of Eagles #2811. Second: D. Padilla. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson.
5 Chairman Norvell: The motion is agreed to and the recommendation of dismissal is f. Consideration of approval of recommendation of dismissal; B.P.O. Elks #863; Cause No. 09-020-EA Commissioner Padilla moved to accept the approval of the recommendation of dismissal with BPO Elks #863. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the recommendation of dismissal is g. Consideration of recommendation of dismissal; Emund Horn; Cause No. 09-021-EA Commissioner Padilla moved to approve the recommendation of dismissal for Emund Horn, Cause No. 09-021-EA. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this issue. Vote: 4-0. All voted in favor of the settlement agreement: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the recommendation of dismissal for Emund Horn is
6 6 Licensing as read into record by Mr. Baca Renewals of Gaming Licenses for 2011 With No Conditions 1. Renewals of Gaming Licenses for 2011 a. American Legion Post #44 (Elephant Butte, NM) b. B.P.O. Elks #1747 (Farmington, NM) c. Konami Gaming (Las Vegas, NV) d. Ruidoso Downs Racetrack (Ruidoso, NM) e. WMS Gaming (Waukegan, IL) Commissioner Padilla moved to approve the renewals of gaming licensees with no conditions for 2011 as stated by Mr. Baca. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on these applications. Vote: 4-0. All voted in favor of the motion to approve the renewal applications: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and the applications are 2. Miscellaneous a. Request for waiver of findings of suitability for Institutional Investor; Oppenheimer Funds, Inc., for Shuffle Master, Inc. Commissioner Prelo moved to grant the request for waiver of findings of suitability for Institutional Investor, Oppenheimer Funds, Inc., for Shuffle Master, Inc. Second: J. Peterson. Vote: 4-0. All voted in favor of the motion to approve the request for waiver: M. Prelo, D. Norvell, D. Padilla and J. Peterson.
7 7 Issuance of Findings of Suitability on Key and Affiliated Persons New Application without conditions A. Jack Thomas Gaming Manager American Veterans Post #14 (Clovis, NM) b. Lawrence Mirabal Gaming Accountant Fraternal Order of Eagles #2811 (Santa Fe, NM) c. Brian Dennis Assistant Security Manager SunRay Park & Casino (Farmington, NM) d. Lenny Morgan Relief Supervisor SunRay Park & Casino (Farmington, NM) Renewal Key Persons a. Patsy Jones Assistant Gaming Manager American Legion Post #7 (Carlsbad, NM) b. Philip Duran Gaming Manager American Legion Post #25 (Clovis, NM) c. Carol Woods Assistant Gaming Accountant Loyal Order of Moose #2050 (TorC, NM) Title Changes Nick Loftis Gaming Accountant American Legion Post #100 (Albuquerque, NM) Commissioner Prelo moved to accept the findings of suitability on Key and Affiliated Persons for the new applicants, renewal key persons and the title changes as stated by Mr. Baca. Second: J. Peterson. There was no discussion and there was no one present in the audience to address the Board on this matter. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. Chairman Norvell: The motion is agreed to and all of the applications are
8 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. Padilla. Second: M. Prelo. Vote: 4-0. All voted in favor of the motion: M. Prelo, D. Norvell, D. Padilla and J. Peterson. /s/david L. Norvell, Esq. Date Approved: 04-13-2011 Chairman