| MISSOURI GAMING COMMISSION | January 29, 2003 |
CHAIRMAN ROBERT SMITH: I think we should go ahead then.
EXECUTIVE DIRECTOR KEVIN MULLALLY: Yes.
CHAIRMAN SMITH: Ok, then let’s go ahead and call the roll.
ANGIE FRANKS: Chairman Smith?
CHAIRMAN SMITH: Present.
MS. FRANKS: Commissioner Battle?
COMMISSIONER MURIEL BATTLE: Present.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER FLOYD BARTCH: Present.
MS. FRANKS: Commissioner Hinrichs?
CHAIRMAN SMITH: Ok, we have a quorum for the meeting. I guess the first order of business is the election of officers. Commissioner Bartch was the vice chairman last year, but normally we would have elected officers at the first of each year and thought we should go ahead and elect both the vice chairman because he may be serving if I don’t, if they don’t get me replaced. I’ve served for several months that way. Also a secretary since Lynne Nikolaisen went off at the end of the year. Do we have a motion for someone first to serve as vice chairman?
COMMISSIONER BATTLE: I move that Commissioner Bartch serve as vice chair.
CHAIRMAN SMITH: All right, there’s a motion that Commissioner Bartch be nominated for vice chairman of the Commission and I’ll second the motion so you won’t have to do it yourself. Call the roll on that issue.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
CHAIRMAN SMITH: All right, the next item is the question of the secretary and it looks to me that, Muriel, you’re the appropriate person to serve as secretary as far as longevity is concerned.
COMMISSIONER BATTLE: Ok.
CHAIRMAN SMITH: Would you be willing to serve?
COMMISSIONER BATTLE: I’m willing to serve.
CHAIRMAN SMITH: Do we have a motion then to nominate someone as secretary?
COMMISSIONER BARTCH: I make that motion.
CHAIRMAN SMITH: All right, Commissioner Bartch just moved the nomination of Muriel Battle and I’ll second that. Let’s call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
CHAIRMAN SMITH: And the Governor’s got to appoint a chairman, so I hope he gets around to that pretty soon. Ok, so the next item of business I guess is the Reconsideration of Minutes first. Do you want to take that up first ahead of the resolution?
DIRECTOR MULLALLY: Whatever your preference, Mr. Chairman. We just thought we would get it out of the way.
CHAIRMAN SMITH: Why don’t we go ahead and do the hearing resolution first.
DIRECTOR MULLALLY: Ok.
CHAIRMAN SMITH: I guess the issue that we have, as everybody knows, is the question of the wording of the hearing officer’s findings and our motion. Our lawyers tell us it should be refined for the purpose of making the record straight on that. I guess the first item then, Kevin, is a motion to reconsider in connection with Resolution No. 03-003. Since we all, I think, voted on the prevailing side, anybody could move the adoption of that motion. The purpose of that is so then we could reconsider what we did before. Do we have a motion?
COMMISSIONER BATTLE: I move. This is Muriel.
CHAIRMAN SMITH: Is there a second?
COMMISSIONER BARTCH: I second.
CHAIRMAN SMITH: Ok, let’s call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
MS. FRANKS: Commissioner Hinrichs?
CHAIRMAN SMITH: I guess she’s still not on. Ok, that is adopted then. I guess we have, we need to offer a substitute motion that we adopt Resolution No. 03-012 regarding David R. Teague vs. Missouri Gaming Commission. Do we have a motion in connection with that?
COMMISSIONER BATTLE: I’m trying to find out where that is.
CHAIRMAN SMITH: It’s covered, actually, in the memorandum that comes with the report.
DIRECTOR MULLALLY: Fourth paragraph down in the memorandum.
COMMISSIONER BARTCH: I can make that motion.
CHAIRMAN SMITH: All right.
COMMISSIONER BARTCH: I offer a substitute motion that we adopt Resolution No. 03-012 regarding David R. Teague.
COMMISSIONER BATTLE: I will second it.
CHAIRMAN SMITH: All right, and actually, the effect of that is to eliminate the right to reapply in thirty days.
DIRECTOR MULLALLY: Yeah, this would replace the resolution that you previously adopted. Number 03-003 would be replaced with 03-012.
CHAIRMAN SMITH: And the purpose is that there was some language in paragraph 31 that would be inconsistent with our motion and in the final order.
COMMISSIONER BATTLE: Ok.
CHAIRMAN SMITH: Ok, are there any questions? If not, let’s call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
MS. FRANKS: By your vote you’ve adopted Resolution . . .
COMMISSIONER JUDITH SUTTER-HINRICHS: Wait, wait, wait. Hold it. I’m here.
MS. FRANKS: Ok.
DIRECTOR MULLALLY: Judy’s here.
CHAIRMAN SMITH: Welcome Judy. Sorry we’ve had such trouble getting a hold of you.
COMMISSIONER HINRICHS: I know. I’m here.
MS. FRANKS: Commissioner Hinrichs?
COMMISSIONER HINRICHS: In favor.
CHAIRMAN SMITH: Well, that motion is adopted then and show Judy also present. Ok, I guess since we’ve made the change in the resolution now we have to amend our minutes, which would be the next item. The first one is a motion to reconsider the motion to adopt the minutes of November 20, 2002. Do we have a motion to that effect?
COMMISSIONER HINRICHS: I’ll move that. It’s Judy.
CHAIRMAN SMITH: All right, good.
COMMISSIONER BATTLE: I’ll second.
CHAIRMAN SMITH: Moved and seconded. Any discussion? If not, call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
MS. FRANKS: Commissioner Hinrichs?
COMMISSIONER HINRICHS: In favor.
CHAIRMAN SMITH: Since we’re reconsidering the minutes, then the new minutes, I presume will show the new substitute or the adoption of this new substitute resolution 03-012. Is that correct? Is that the main change?
DIRECTOR MULLALLY: No, we just need to reconsider them because Commissioner Hinrichs made the seconding motion and she wasn’t there for that meeting.
COMMISSIONER HINRICHS: I was there for that meeting.
DIRECTOR MULLALLY: Well, you weren’t there for the meeting of the minutes that we were considering.
COMMISSIONER HINRICHS: Right.
CHAIRMAN SMITH: I’m not sure she couldn’t technically do it but on the other hand you weren’t there so you can’t for sure say whether they were right or wrong so.
COMMISSIONER HINRICHS: It’s my understanding that it’s not a problem but we can change it if you want. That’s fine.
CHAIRMAN SMITH: All right, somebody other than Judy make the motion to adopt the new minutes.
COMMISSIONER BARTCH: I make that motion.
CHAIRMAN SMITH: Is there a second?
COMMISSIONER BATTLE: I second.
CHAIRMAN SMITH: Any discussion? If not, call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
MS. FRANKS: Commissioner Hinrichs?
COMMISSIONER HINRICHS: In favor.
DIRECTOR MULLALLY: Ok, you should abstain.
COMMISSIONER HINRICHS: I abstain.
DIRECTOR MULLALLY: Ok.
COMMISSIONER HINRICHS: I was at that meeting though wasn’t I.
DIRECTOR MULLALLY: You were at the meeting but you weren’t at the meeting for the minutes that we’re adopting.
COMMISSIONER HINRICHS: Ok, all right.
CHAIRMAN SMITH: I’m not sure when you came on. The first thing we did is we selected, the Governor has to appoint the chairman but we selected a vice chairman, Commissioner Bartch, to serve as vice chairman and Muriel Battle to serve as secretary of the Commission. So, that occurred first and then we modified the resolution to eliminate the part of the resolution that hadn’t been eliminated in the other resolution.
COMMISSIONER HINRICHS: That’s fine.
CHAIRMAN SMITH: Ok.
COMMISSIONER HINRICHS: I understand.
CHAIRMAN SMITH: And then the other thing that occurred is that Kevin explained to us where we were on the legislation. You might explain that briefly to her.
DIRECTOR MULLALLY: Senator Delbert Scott from Warsaw will be introducing our fingerprint bill and then a second bill that will allow us to assess interest on delinquent admission fees. We expect that to be done this week. And then we have asked Representative Larry Crawford from the Boonville area to, actually he’s from California, to sponsor the bill in the House, and we expect that to occur shortly, as well.
COMMISSIONER HINRICHS: Ok.
DIRECTOR MULLALLY: The only bill really directly affecting the Commission is a bill by Senator Pat Dougherty from St. Louis to repeal the loss limit. There will probably be several of those proposals introduced. That’s the only one I’m aware of so far. The others that deal with gaming really don’t affect us very directly. They have to do with how our funds are distributed.
COMMISSIONER HINRICHS: Ok.
DIRECTOR MULLALLY: We collect them and hand them over. How they spend it is really their business.
COMMISSIONER HINRICHS: Ok.
CHAIRMAN SMITH: Judy, where are you?
COMMISSIONER HINRICHS: I am in, at the Bradenton Country Club in Florida, in Bradenton, Florida.
COMMISSIONER BATTLE: Oh my goodness, what’s the temperature?
COMMISSIONER HINRICHS: It’s about 65.
COMMISSIONER BATTLE: That’s too bad.
CHAIRMAN SMITH: It’s warmed up some.
DIRECTOR MULLALLY: We had sleet here last night so you can feel good about that.
COMMISSIONER HINRICHS: Oh, I’m so sorry.
COMMISSIONER BARTCH: You have a great day for a game of golf today.
COMMISSIONER BATTLE: Yeah, enjoy.
COMMISSIONER HINRICHS: Are we adjourning?
CHAIRMAN SMITH: Yes, we are ready for a motion to adjourn unless anybody else has anything.
COMMISSIONER BARTCH: The other thing that we talked about is that we considered having a meeting on the 26th of February. That’s kind of tentative, I think.
COMMISSIONER HINRICHS: What date in February?
CHAIRMAN SMITH: 26th.
COMMISSIONER BATTLE: The last Wednesday of the month.
COMMISSIONER HINRICHS: That’s fine.
DIRECTOR MULLALLY: We’re going to look at doing it in St. Louis at St. Charles City Hall.
COMMISSIONER HINRICHS: Ok, that’s even better, close to home.
COMMISSIONER BATTLE: Well, take care.
COMMISSIONER HINRICHS: I move to adjourn.
CHAIRMAN SMITH: All right. There’s a motion. Is there a second?
COMMISSIONER BATTLE: I second.
CHAIRMAN SMITH: Ok, call the roll.
MS. FRANKS: Chairman Smith?
CHAIRMAN SMITH: In favor.
MS. FRANKS: Commissioner Battle?
COMMISSIONER BATTLE: In favor.
MS. FRANKS: Commissioner Bartch?
COMMISSIONER BARTCH: In favor.
MS. FRANKS: Commissioner Hinrichs?
COMMISSIONER HINRICHS: In favor.
CHAIRMAN SMITH: Ok. Well, we got the record straight now.
COMMISSIONER HINRICHS: Ok, well thank you very much.
CHAIRMAN SMITH: Nice talking to everybody.