0001
1
2 COVER SHEET INFORMATION
3
4
Hearing Before the:
5
6 In Re: Consideration of Disciplinary
7 Actions/Consideration of Settlement
8 Agreements/Consideration of Extension of Liquor License
9 Hours/ Consideration of Licensure of Certain
10 Level I/Key Applicants/ Consideration of Hearing
11 Officer Recommendation/Consideration of Proposed
12 Rulemaking
13
14 Date Taken: June 27, 2007
15
16
17
18
19
20
21
22
23
24
25
0002
1
HEARING BEFORE THE
2
3 BE IT REMEMBERED that the above-entitled
4
matter came on for a hearing at the
5 701
Convention Plaza,
6 State
of
7 commencing at the hour of 9:00 in the morning of that
8 day, said hearing having been called by The Missouri
9 Gaming Commission pursuant to the issuance of due
10 notice to all parties in interest, and the following is
11 a transcript of the record made of all proceedings had
12 during the course of said hearing.
13
14
15
16
17
18
19
20
21
22
23
24
25
0003
1 APPEARANCES:
2 Chairman Noel J. Shull
3 Commissioner Darryl T. Jones
4 Commissioner Samuel J. Hais
5 Commissioner Larry W. Plunkett, Sr.
6 Commissioner Suzanne Bradley
7 Executive Director Gene McNary
8 Angie Franks
9
10
11 I N D E X
12 SPEAKERS: Page
13 CHRIS
14 LT. GARY MOORE . . . . . . . . . . . . . . . . . 32
15 CHRIS
16 GARY JENKINS . . . . . . . . . . . . . . . . . . 40
17 DAVE WELCH . . . . . . . . . . . . . . . . . . . 45
18
19
20
21
22
23
24
25
0004
1
2
3
4 CHAIRMAN SHULL: Good morning. We can go
5 ahead
and start the meeting. Welcome to
6 call the roll, please.
7 MS. FRANKS: Chairman Shull?
8 CHAIRMAN SHULL: Present.
9 MS. FRANKS: Commissioner Jones?
10 COMMISSIONER JONES: Present.
11 MS. FRANKS: Commissioner Hais?
12 COMMISSIONER HAIS: Present.
13 MS. FRANKS: Commissioner Plunkett?
14 COMMISSIONER PLUNKETT: Present.
15 MS. FRANKS: Commissioner Bradley?
16 COMMISSIONER BRADLEY: Present.
17 CHAIRMAN SHULL: The next item is to
18 approve the minutes of the last meeting.
19 COMMISSIONER HAIS: Chairman, I move that
20 the minutes of the last meeting be approved.
21 COMMISSIONER BRADLEY: Second.
22 CHAIRMAN SHULL: Is there any further
23 discussions? Call the roll, please.
24 MS. FRANKS: Chairman Shull?
25 CHAIRMAN SHULL: Approved.
0005
1 MS. FRANKS: Commissioner Jones?
2 COMMISSIONER JONES: Approved.
3 MS. FRANKS: Commissioner Hais?
4 COMMISSIONER HAIS: Approved.
5 MS. FRANKS: Commissioner Plunkett?
6 COMMISSIONER PLUNKETT: Approved.
7 MS. FRANKS: Commissioner Bradley?
8 COMMISSIONER BRADLEY: Approved.
9 MS. FRANKS: By your vote, you've adopted
10 the minutes of the May 23rd, 2007, meeting.
11 CHAIRMAN SHULL: The next item is a
12 consideration for disciplinary action from Mr. McNary.
13 MR. MCNARY: Mr. Chairman and Members of
14 the Commission, Chris Hinckley will handle the
15 disciplinary actions.
16 MR. HINCKLEY: Good morning, Mr. Chairman
17 and Commissioners. I'm going to direct your attention
18 to Tab B. On Tab B, we have a Disciplinary Complaint
19 No. 07-217. It is a disciplinary action against a
20 licensee named Michael Coca. The alleged violations
21 are of 11 CSR 45-5.230 (6), which requires a Class A
22 licensee and its employees to maintain the EGDs in a --
23 Electronic Gaming Devices -- in a suitable condition.
24 This is a four-count --
25 MR. MCNARY: You need to speak a little
0006
1 louder, Chris, so that she can hear you.
2 MR. HINCKLEY: Oh, I'm sorry. Okay. I
3 thought it was pretty loud already. This is a
4 four-count discipline.
5 Under the first count, in November of
6 2006, EGD Specialist Dawn Leehy discovered six EGDs on
7 the gaming floor that contained revoked computer chips.
8 In the second count, on December -- on December 7th,
9 2006, Missouri Gaming Commission EGD coordinators and
10 specialists conducted an audit of the licensee's EGDs.
11 Actually, that's Count III. Let me step back.
12 Count II is November 22nd of 2006. The
13 EGD specialist, Dawn Leehy, discovered seven EGDs on the
14 gaming floor with revoked computer chips, and in
15 Count III, on December 7th, 2006, the Gaming Commission
16 coordinators and specialists conducted audits of the
17 licensee, and that's Isle of Capri, Kansas City, if I
18 failed to mention that, and in Count I of that
19 Count III -- Subsection 1 -- excuse me -- one EGD was
20 discovered with revoked software.
21 Second subsection there, a revoked bill
22 validator software was found in 235 EGDs, and the third
23 subsection of Count III, a different revoked bill
24 validator software was discovered in eight EGDs, and
25 the final subsection of IV, a revoked main program
0007
1 software was found in one EGD, and then in Count IV,
2 December 9th of '06, a casino slot tech discovered
3 another revoked main program software in an EGD and
4 informed Missouri Gaming Commission of such.
5 As a result of these alleged violations,
6 the staff recommends that the Commission propose on
7 Mr. Michael Coca a ten calendar day suspension.
8 CHAIRMAN SHULL: Are there any questions
9 for Mr. Hinckley?
10 COMMISSIONER JONES: Mr. Hinckley, I mean,
11 are they just outright just ignoring these letters? I
12 mean, you have 235 EGDs that have revoked software. I
13 mean, that's not one or two.
14 MR. HINCKLEY: Correct. That was -- My
15 understanding after speaking with our coordinators,
16 Blaine Preston and Todd Nelson, that was the -- I was
17 going to say the casino, but the reason for that large
18 number was a sort of -- as you could probably guess, it
19 wasn't a miss. It was a complete, on their part,
20 misinterpretation of the rule where there was a revoked
21 -- indicated that the 235 was a revoked bill validator
22 software that was revoked for a particular type of
23 platform.
24 They evidently used it in another platform
25 and didn't think that that was revoked for across the
0008
1 board use, but just particular to that platform, but
2 once it's revoked, it's revoked regardless of what
3 platform it's in.
4 COMMISSIONER JONES: Right.
5 MR. HINCKLEY: Correct.
6 COMMISSIONER JONES: That's what I'm
7 saying. You know, you have a letter that comes from
8 GLI --
9 MR. HINCKLEY: Correct.
10 COMMISSIONER JONES: -- and says it's
11 revoked.
12 MR. HINCKLEY: Correct. It will often --
13 The letters from GLI will specify a particular
14 platform. The misinterpretation here appears to be
15 that they connected the revocation with just that
16 platform and not across the board and continued to use
17 it in different platforms.
18 COMMISSIONER HAIS: Mr. Chairman, if there
19 are no further questions, I move for the approval of
20 DC-217.
21 COMMISSIONER BRADLEY: Second.
22 CHAIRMAN SHULL: Is there any further
23 comment or questions? If not, call roll, please.
24 MS. FRANKS: Chairman Shull?
25 CHAIRMAN SHULL: Approved.
0009
1 MS. FRANKS: Commissioner Jones?
2 COMMISSIONER JONES: Approved.
3 MS. FRANKS: Commissioner Hais?
4 COMMISSIONER HAIS: Approved.
5 MS. FRANKS: Commissioner Plunkett?
6 COMMISSIONER PLUNKETT: Approved.
7 MS. FRANKS: Commissioner Bradley?
8 COMMISSIONER BRADLEY: Approved.
9 MS. FRANKS: By your vote, you've adopted
10 DC-07-217.
11 MR. HINCKLEY: I direct your attention to
12 Tab C and that Disciplinary Complaint No. 07-218 where
13 the offender or licensee is the Ameristar Casino,
14
15 11 CSR 45-5.230(6). Again, it's where Class A
16 licensees are required to maintain their Electronic
17 Gaming Devices in a suitable condition.
18 In this case, December 15th of 2006,
19 Missouri Gaming Commission informed the casino slot
20 department about two incidents with EGDs, and they were
21 as follows: On December 8th, slot personnel discovered
22 that two mainframe program storage media chips and two
23 EGDs were switched, and that was not necessarily
24 discovered upon installation because of a failure to
25 perform a top award real strip test that it would
0010
1 reveal the switching of the chips.
2 On the second incident on December 15th of
3 2006, slot personnel discovered that an employee had
4 installed a two-coin chip in an EGD instead of the
5 appropriate three-coin chip, and, again, this was not
6 discovered because of the failure to conduct this top
7 award real strip test that would have said, "Okay.
8 There's a problem here."
9 As a result of these actions, this staff
10 recommends that the Commission propose a $5,000 fine.
11 CHAIRMAN SHULL: Are there any questions
12 for Mr. Hinckley?
13 COMMISSIONER JONES: I move for approval
14 of DC-07-218.
15 COMMISSIONER PLUNKETT: Second.
16 CHAIRMAN SHULL: Further comments or
17 questions? Call roll, please.
18 MS. FRANKS: Chairman Shull?
19 CHAIRMAN SHULL: Approved.
20 MS. FRANKS: Commissioner Jones?
21 COMMISSIONER JONES: Approved.
22 MS. FRANKS: Commissioner Hais?
23 COMMISSIONER HAIS: Approved.
24 MS. FRANKS: Commissioner Plunkett?
25 COMMISSIONER PLUNKETT: Approved.
0011
1 MS. FRANKS: Commissioner Bradley?
2 COMMISSIONER BRADLEY: Approved.
3 MS. FRANKS: By your vote, you've adopted
4 DC-07-218.
5 MR. HINCKLEY: Now I direct your attention
6 to Tab D. It's Disciplinary Complaint No. 07-219. In
7 this case, the offender/licensee is the Ameristar
8
Casino,
9 11 CSR 45-17.010(4)(B) which requires a Class A
10 licensee to show that the Class A licensee may be
11 disciplined for failing to follow the licensee's DAP
12 and exclusion procedures.
13 The facts of this incident are that on
14 February 3rd of 2007 a Disassociated Person or a DAP
15 was discovered by a cage cashier during her assistance
16 with an ATM transaction. The ATM -- I'm sorry. The
17 cage cashier was able to determine that this person was
18 a DAP because they were able to use their date of birth
19 and discover the person's true identity.
20 Upon conducting the investigation -- Well, I'm
21 sorry. Upon discovering that the DAP was on the gaming
22 floor, the Gaming Commission was notified, and the DAP
23 was arrested for trespass. Upon investigation, it was
24 discovered that the DAP had received her player's card
25 using an alias on 10-24 of '06 and, subsequent to that,
0012
1 made four trips to the casino using a total of $864.
2 Upon interviewing the marketing rep that
3 issued the card, they discovered that she was aware of
4 the policy of using the -- internal controls policy of
5 using the first letter of the last name, the first
6 name, and date of birth to cross-reference for
7 discovery of the Disassociated Persons.
8 However, the marketing rep and the
9 marketing supervisor informed the investigator that
10 marketing personnel were not capable of using the date
11 of birth to cross-reference and discover the true
12 identity of the Disassociated Persons. However, they
13 were aware of the policy which required it.
14 As a result of these actions, this staff
15 recommends that the Commission propose a $5,000 fine.
16 CHAIRMAN SHULL: What type of ID was used
17 to obtain the card?
18 MR. HINCKLEY: I don't know the exact ID,
19 Chairman.
20 CHAIRMAN SHULL: All right. Are there
21 other questions?
22 COMMISSIONER HAIS: Chairman, I would move
23 that Disciplinary Complaint No. 07-219 be approved.
24 COMMISSIONER JONES: Second.
25 CHAIRMAN SHULL: Is there further
0013
1 discussion? Call roll, please.
2 MS. FRANKS: Chairman Shull?
3 CHAIRMAN SHULL: Approved.
4 MS. FRANKS: Commissioner Jones?
5 COMMISSIONER JONES: Approved.
6 MS. FRANKS: Commissioner Hais?
7 COMMISSIONER HAIS: Approved.
8 MS. FRANKS: Commissioner Plunkett?
9 COMMISSIONER PLUNKETT: Approved.
10 MS. FRANKS: Commissioner Bradley?
11 COMMISSIONER BRADLEY: Approved.
12 MS. FRANKS: By your vote, you've adopted
13 DC-07-219.
14 MR. HINCKLEY: Now I direct your attention
15 to Tab E. That's Disciplinary Complaint No. 07-220.
16 The offender/licensee is Harrah's Casino,
17 Heights, and the violation falls under 11 CSR -- I'm
18 sorry. The alleged violation falls under
19 11 CSR 45-12.080(2), which is prohibition on serving,
20 selling, giving away or otherwise allowing consumption
21 of intoxicating liquor in any quantity after approved
22 commission hours.
23 In this case, a Sergeant LoPane from the
24 Gaming Commission was notified and asked to assist in
25 removing an intoxicated person from the gaming floor.
0014
1 Upon interviewing this intoxicated person, the sergeant
2 was able to determine that this intoxicated person had
3 been serving himself alcohol in a closed area of the
4 casino; in particular, the Diamond Lounge off the
5 gaming floor, which was only accessible from an
6 elevator, and it was discovered that this elevator was
7 unlocked allowing this person to access this closed bar
8 area through that elevator and serve himself alcohol.
9 Well, it was later learned that six months
10 prior to that, that elevator had been -- was getting
11 locked so that that access was not available.
12 Subsequent to this incident, the elevator is once again
13 being locked.
14 As a result, the staff recommends that the
15 Commission propose a $5,000 fine.
16 CHAIRMAN SHULL: Are there any questions
17 or comments? Was any of the other tape or film viewed
18 to determine if other individuals had been also
19 entering and serving themselves?
20 MR. HINCKLEY: The -- I'm not aware if the
21 entire tape was viewed or for how long it was viewed.
22 I do know that this sergeant didn't know the exact time
23 when this person served himself, so he had to review a
24 certain portion of the tape to discover when this
25 person was in there, but he only revealed to the
0015
1 Commission that he viewed this person.
2 COMMISSIONER HAIS: Chairman, I would move
3 that the Disciplinary Complaint 07-220 be approved.
4 CHAIRMAN SHULL: Is there a second?
5 COMMISSIONER BRADLEY: Second.
6 CHAIRMAN SHULL: Is there further
7 discussion?
8 COMMISSIONER JONES: Mr. Chairman, it
9 seems like Harrah's is having a big problem with
10 alcohol out there. I mean, the Voodoo Lounge was --
11 just had some issues with the Voodoo Lounge, I guess,
12 several meetings ago, and now we have something else.
13 Are they aware that they need to secure all of these
14 establishments? I mean, this was unlocked for six to
15 -- approximately six months, and no telling how many
16 people had gone up in there, you know, knowing that
17 this -- there was free access to -- to the Diamond
18 Lounge. If they hadn't been caught, it would have
19 continued.
20 MR. HINCKLEY: Correct. It appears that
21 way.
22 COMMISSIONER JONES: Right. So I'm not
23 too sure if I'm happy with this -- with this -- with
24 the fine that we're dedicating to Harrah's. I really
25 think we need to send them a message that, hey, we
0016
1 cannot tolerate this because they have a lot of alcohol
2 problems. Saying that, I'd like to make a motion to
3 increase this fine to $20,000.
4 COMMISSIONER PLUNKETT: I'll second that.
5 CHAIRMAN SHULL: Would that be amending
6 this motion? Is that possible?
7 COMMISSIONER HAIS: My feeling is that if
8 we're going to -- This matter -- This has come up
9 before in a different context, Mr. Chairman, not with
10 the amount of the fine, but with the different aspect
11 of the -- of the charge in a different matter, and I
12 had some misgivings about it then, as you may recall,
13 but I think with all due respect, if we're going to
14 propose and if we do pass an amendment to the -- to the
15 fine, I think we need to give the -- we need to give
16 Harrah's an opportunity to have a say one more time in
17 their defense.
18 I would just state as an aside that I
19 don't disagree at all with Commissioner Jones'
20 sentiment. In fact, I concur with it in terms of a
21 seemingly recurring trend, and perhaps if the
22 Commission would find this acceptable, that we -- we
23 can either proceed with it in this fashion, or we can
24 amend it and table it for another day, or as a third
25 alternative, send a letter, an official letter, from
0017
1 the Commission along with -- along with this matter as
2 resolved today that in the future, fines will be
3 steeper in view of our regard of the gravity of the
4 nature of the offense.
5 I'll leave that to the Commission to
6 choose from those options if Mr. McNary doesn't have
7 any objection to that scenario and as well as you,
8 Mr. Chairman.
9 MR. MCNARY: Mr. Chairman, maybe the
10 General Counsel could explain the thinking that the DRB
11 had in assessing $5,000.
12 MR. HINCKLEY: The -- As I recall during
13 the Disciplinary Review Board, the discussion first
14 revolved around the, you know, location of this bar and
15 how it was, you know, removed not only by a level, but
16 -- I'm sorry -- removed by an entire level and an
17 elevator and then would take somebody's real ingenuity
18 to find this liquor, and there was some feeling that
19 this person had acted, you know, well, clearly on his
20 own, but that we did find the casino at fault for not
21 locking the elevator.
22 We felt that this person made
23 extraordinary efforts to hunt down some liquor and
24 that, as soon as they discovered that he was
25 intoxicated, they immediately called the Commission and
0018
1 removed him from the gaming floor.
2 COMMISSIONER HAIS: Chris, was there any
3 indication whatsoever that there had been similar
4 incidents by other persons prior to this?
5 MR. HINCKLEY: Similar, if not the same
6 facts?
7 COMMISSIONER HAIS: Well, same or
8 substantially the same facts involving this area where
9 there was liquor kept and the accessibility to it as it
10 was recited in this complaint?
11 MR. HINCKLEY: As far as I can recall in
12 my short time at the Commission, I don't recall
13 anything at Harrah's in
14 facts, but as we were talking about earlier, this was
15 discovered as a result of the person being intoxicated
16 and having to be removed and him confessing or
17 basically admitting to the gaming commission sergeant
18 that he had gotten the liquor from that location, and
19 he, as a result of that, used surveillance and
20 confirmed that.
21 COMMISSIONER HAIS: So just to put it in a
22 nutshell, so to speak, you're saying that the relative
23 leniency of the fine is based on the -- the -- the
24 relative low level of culpability in this particular
25 situation as evidenced by this person who was going to
0019
1 some great lengths to --
2 MR. HINCKLEY: That's fair.
3 COMMISSIONER HAIS: -- to do what he did?
4 MR. HINCKLEY: That's fair in a nutshell.
5 MR. MCNARY: Well, and it would seem,
6 Commissioner, that it's unrelated to the problems that
7 we've had with Harrah's in the past, and the Commission
8 got their attention. They have cooperated. They're
9 making monthly reports. This seems to be an unrelated
10 incident, which speaks to the point that Commissioner
11 Jones made.
12 COMMISSIONER JONES: Well, you know, just
13 one thing to me, just being in the industry, there may
14 be that possibility that this was just an isolated
15 incident because it appears, you know, if you're in the
16 business, you were doing a liquor count or you're
17 checking your bottles and doing an inventory probably
18 daily, and probably -- Like I said, you know, I'm
19 thinking about it now. There may have been an isolated
20 incident because since they didn't have any abnormality
21 in discovering anything that was abnormal on the
22 inventory, this may have been just a first event, so I
23 can withdraw that motion, but I would like to, as
24 Commissioner Hais said, send a letter stating that
25 fines will be duly increased, you know, in the future
0020
1 if we -- if this kind of behavior continues with the
2 liquor. I'll support that.
3 COMMISSIONER HAIS: Commissioner, I mean,
4 I don't have to write the letter, do I?
5 COMMISSIONER JONES: Yeah, I think so.
6 CHAIRMAN SHULL: Is there any further
7 discussion?
8 MR. HINCKLEY: For the sake of clarity,
9 you know, for the staff, is the message that regardless
10 of factual similarity to our past problems, if it
11 involves liquor, there is going to be any --
12 COMMISSIONER HAIS: I think that's true.
13 There's no -- There was never any illusion that they've
14 had liquor in a certain spot, and I think in view of
15 the fact that, you know, this is the time -- You know,
16 where there's a will, there's a way, not to be
17 facetious, but they need to take whatever -- It would
18 just be a reasonable step to lock up an elevator --
19 MR. HINCKLEY: Okay.
20 COMMISSIONER HAIS: -- that had direct
21 access to probably, my guess, is a huge quantity of
22 alcohol; right?
23 MR. HINCKLEY: I would assume so.
24 COMMISSIONER HAIS: Yeah, so the answer is
25 -- That's a long answer to just say "yes."
0021
1 MR. HINCKLEY: Okay.
2 CHAIRMAN SHULL: Call roll, please.
3 MS. FRANKS: Chairman Shull?
4 CHAIRMAN SHULL: Approved.
5 MS. FRANKS: Commissioner Jones?
6 COMMISSIONER JONES: Approved.
7 MS. FRANKS: Commissioner Hais?
8 COMMISSIONER HAIS: Approved.
9 MS. FRANKS: Commissioner Plunkett?
10 COMMISSIONER PLUNKETT: Approved.
11 MS. FRANKS: Commissioner Bradley?
12 COMMISSIONER BRADLEY: Approved.
13 MS. FRANKS: By your vote, you've adopted
14 DC-07-220.
15 MR. HINCKLEY: I now direct your attention
16 -- Oh, I'm sorry. There's a new section.
17 MR. MCNARY: Well, Mr. Chairman, the
18 consideration of settlement agreements will be handled
19 by General Counsel Chris Hinckley.
20 MR. HINCKLEY: Mr. Chairman,
21 Commissioners, I direct your attention to Tab F. Under
22 Tab F is Commission Resolution No. 07-041 regarding a
23 settlement agreement and a waiver of hearings
24 pertaining to Aztar Missouri Riverboat Company where
25 the original disciplinary complaint number was 07-150,
0022
1 the facts which were briefly that eight EGDs were
2 discovered on the gaming floor without approved
3 software. The Commission proposed a $5,000 fine
4 shortly after that proposal. The licensee contacted
5 the Commission and took responsibility for their
6 actions, and as a result, we proposed a settled
7 agreement of $4,500 payment.
8 CHAIRMAN SHULL: Are there any questions
9 for Mr. Hinckley? Is there a motion?
10 COMMISSIONER BRADLEY: Motion to approve
11 the Settlement Agreement 07-150.
12 COMMISSIONER HAIS: Second.
13 CHAIRMAN SHULL: Is there any other
14 discussion? Call the roll, please.
15 MS. FRANKS: Chairman Shull?
16 CHAIRMAN SHULL: Approved.
17 MS. FRANKS: Commissioner Jones?
18 COMMISSIONER JONES: Approved.
19 MS. FRANKS: Commissioner Hais?
20 COMMISSIONER HAIS: Approved.
21 MS. FRANKS: Commissioner Plunkett?
22 COMMISSIONER PLUNKETT: Approved.
23 MS. FRANKS: Commissioner Bradley?
24 COMMISSIONER BRADLEY: Approved.
25 MS. FRANKS: By your vote, you've adopted
0023
1 Resolution No. 07-041.
2 MR. HINCKLEY: Mr. Chairman,
3 Commissioners, I direct your attention to Tab G. Under
4 Tab G, it's Commission Resolution 07-042. It's
5 regarding a settlement agreement and waiver of hearings
6 pertaining to Isle of Capri, Boonville. The original
7 disciplinary complaint was 07-155. It was a two-count
8 discipline, Count I being the discovery of two revoked
9 software in an EGD, and Count II having to do with one
10 unapproved software being discovered in an EGD, both on
11 the gaming floor.
12 As a result of these discoveries, the
13 Commission proposed a $10,000 fine. Shortly after that
14 proposal, the licensee contacted the Commission and
15 immediately took responsibility for its actions. As a
16 result, we created a settlement agreement agreeing to a
17 payment of $9,000.
18 CHAIRMAN SHULL: Are there any questions
19 for Mr. Hinckley? Is there a motion?
20 COMMISSIONER PLUNKETT: I'd make a motion
21 that we approve 07-042.
22 COMMISSIONER JONES: Second.
23 CHAIRMAN SHULL: Any further discussion?
24 Call roll, please.
25 MS. FRANKS: Chairman Shull?
0024
1 CHAIRMAN SHULL: Approved.
2 MS. FRANKS: Commissioner Jones?
3 COMMISSIONER JONES: Approved.
4 MS. FRANKS: Commissioner Hais?
5 COMMISSIONER HAIS: Approved.
6 MS. FRANKS: Commissioner Plunkett?
7 COMMISSIONER PLUNKETT: Approved.
8 MS. FRANKS: Commissioner Bradley?
9 COMMISSIONER BRADLEY: Approved.
10 MS. FRANKS: By your vote, you've adopted
11 Resolution No. 07-042.
12 COMMISSIONER HAIS: Mr. Chairman, before
13 we go on to the next resolution, I just had a small
14 point that I wanted to go over.
15 CHAIRMAN SHULL: Certainly.
16 COMMISSIONER HAIS: I think there may have
17 been a misstatement, and it may need correction, unless
18 I misheard it. I think Ms. Bradley moved to adopt the
19 previous resolution. I thought I heard 07-150, and you
20 read it correctly into the record as 141, but just for
21 the record -- and I think that -- I think the error
22 arose from perhaps a typo in the resolution in the
23 book. In the body of it, it says 150. It's correct in
24 there, but I think it was just a misperception, so if
25 Commissioner Bradley wouldn't mind just --
0025
1 COMMISSIONER BRADLEY: I -- Absolutely.
2 For the record, my motion was to approve Resolution
3 No. 07-041 for the record.
4 CHAIRMAN SHULL: Okay. Thank you.
5 MR. HINCKLEY: Mr. Chairman,
6 Commissioners, I direct your attention to Tab H, and
7 under Tab H, there is Commission Resolution No. 07-043
8 regarding a settlement agreement and waiver of hearings
9 pertaining to Isle of Capri, Kansas City. The original
10 complaint number, as far as the complaint number in
11 this matter, was 07-157, and a $20,000 fine was
12 proposed by the Commission because the licensee had a
13 number of -- large number of Electronic Gaming Device
14 locks unsecured in the maintenance room of the casino.
15 Immediately after this fine was proposed,
16 the licensee contacted the Commission and took
17 responsibility for their actions. As a result of that,
18 the licensee and Commission agreed to a settlement in
19 this matter of $18,000.
20 CHAIRMAN SHULL: Are there any questions
21 for Mr. Hinckley? Is there a motion?
22 COMMISSIONER HAIS: I would move to adopt
23 Commission Resolution 07-043.
24 COMMISSIONER BRADLEY: Second.
25 CHAIRMAN SHULL: Is there any further
0026
1 discussion? Call roll, please.
2 MS. FRANKS: Chairman Shull?
3 CHAIRMAN SHULL: Approved.
4 MS. FRANKS: Commissioner Jones?
5 COMMISSIONER JONES: Approved.
6 MS. FRANKS: Commissioner Hais?
7 COMMISSIONER HAIS: Approved.
8 MS. FRANKS: Commissioner Plunkett?
9 COMMISSIONER PLUNKETT: Approved.
10 MS. FRANKS: Commissioner Bradley?
11 COMMISSIONER BRADLEY: Approved.
12 MS. FRANKS: By your vote, you've adopted
13 Resolution No. 07-043.
14 MR. HINCKLEY: Mr. Chairman,
15 Commissioners, I direct your attention to Tab I. Under
16 Tab I, we have Commission Resolution No. 07-044. It's
17 regarding a settlement agreement and waiver of hearings
18 pertaining to Isle of Capri, Kansas City. The original
19 complaint number in this cause was 07-158, and the
20 Commission proposed a $50,000 fine. This was a
21 four-count case involving Electronic Gaming Devices
22 that I've already recited the facts of under Tab B, if
23 you recall.
24 As a result of those actions, we did
25 propose a $50,000 fine. Immediately after that
0027
1 proposal, the licensee contacted the Commission and
2 took responsibility for its actions. As a result of
3 that, the Commission and the licensee created a
4 settlement agreement for $45,000 in payment.
5 CHAIRMAN SHULL: Are there any questions
6 for Mr. Hinckley? Is there a motion?
7 COMMISSIONER JONES: I move for approval
8 of Resolution No. 07-044.
9 COMMISSIONER PLUNKETT: Second.
10 CHAIRMAN SHULL: Is there further
11 discussion? Call roll, please.
12 MS. FRANKS: Chairman Shull?
13 CHAIRMAN SHULL: Approved.
14 MS. FRANKS: Commissioner Jones?
15 COMMISSIONER JONES: Approved.
16 MS. FRANKS: Commissioner Hais?
17 COMMISSIONER HAIS: Approved.
18 MS. FRANKS: Commissioner Plunkett?
19 COMMISSIONER PLUNKETT: Approved.
20 MS. FRANKS: Commissioner Bradley?
21 COMMISSIONER BRADLEY: Approved.
22 MS. FRANKS: By your vote, you've adopted
23 Resolution No. 07-044.
24 MR. HINCKLEY: Mr. Chairman,
25 Commissioners, I direct your attention to Tab J. Under
0028
1 Tab J, we have Commission Resolution No. 07-045. It's
2 regarding a settlement agreement and waiver of hearings
3
pertaining to Ameristar Casino,
4 original cause number of this disciplinary action is
5 07-149. It was a $5,000 fine that was proposed as a
6 result of the discovery of ten Electronic Gaming
7 Devices on the casino floor that contained unapproved
8 software.
9 Immediately after the proposal, the
10 licensee contacted the Commission and took
11 responsibility for its actions. As a result, the
12 Commission and the licensee created and agreed to a
13 settlement of $4,500.
14 CHAIRMAN SHULL: Are there any questions
15 for Mr. Hinckley? Is there a motion?
16 COMMISSIONER BRADLEY: Motion to approve
17 Resolution No. 07-045.
18 COMMISSIONER HAIS: Second that.
19 CHAIRMAN SHULL: Is there further
20 discussion? Call roll, please.
21 MS. FRANKS: Chairman Shull?
22 CHAIRMAN SHULL: Approved.
23 MS. FRANKS: Commissioner Jones?
24 COMMISSIONER JONES: Approved.
25 MS. FRANKS: Commissioner Hais?
0029
1 COMMISSIONER HAIS: Approved.
2 MS. FRANKS: Commissioner Plunkett?
3 COMMISSIONER PLUNKETT: Approved.
4 MS. FRANKS: Commissioner Bradley?
5 COMMISSIONER BRADLEY: Approved.
6 MS. FRANKS: By your vote, you've adopted
7 Resolution No. 07-045.
8 MR. HINCKLEY: Mr. Chairman,
9 Commissioners, I direct your attention to Tab K. Under
10 Tab K, we have Commission Resolution No. 07-046, and
11 it's regarding a settlement agreement and waiver of
12 hearings involving Isle of Capri, Boonville. The
13 original cause number in this matter was 07-156, under
14 which the Commission proposed a $20,000 fine for, once
15 again, unsecured EGD locks, and I say "once again"
16 because that was Isle of Capri. The other EGD lock
17 case was Isle of Capri, I believe,
18 that matter, immediately after the Commission proposed
19 the fine, the licensee contacted the Commission and
20 took responsibility for its actions, and as a result,
21 we created a settlement agreement for $15,000 on the
22 original amount.
23 CHAIRMAN SHULL: Are there any questions
24 for Mr. Hinckley? Is there a motion?
25 COMMISSIONER PLUNKETT: Motion to approve
0030
1 07-046.
2 COMMISSIONER HAIS: Second.
3 CHAIRMAN SHULL: Is there further
4 discussion? Call roll, please.
5 MS. FRANKS: Chairman Shull?
6 CHAIRMAN SHULL: Approved.
7 MS. FRANKS: Commissioner Jones?
8 COMMISSIONER JONES: Approved.
9 MS. FRANKS: Commissioner Hais?
10 COMMISSIONER HAIS: Approved.
11 MS. FRANKS: Commissioner Plunkett?
12 COMMISSIONER PLUNKETT: Approved.
13 MS. FRANKS: Commissioner Bradley?
14 COMMISSIONER BRADLEY: Approved.
15 MS. FRANKS: By your vote, you've adopted
16 Resolution No. 07-046.
17 MR. MCNARY: Mr. Chairman, next item,
18 No. 5 on the agenda, is the consideration of the
19 extension of the liquor license hours for Ameristar,
20
21 information attached there, too.
22 MR. HINCKLEY: Mr. Chairman, I would
23 briefly bring you through this. On May 22nd, Ameristar
24
25 their intent to apply for extension of their liquor
0031
1 license hours in nine gaming areas upon the renewal of
2 their liquor license.
3 After researching the matter, it was
4 discovered that this was within the power of the
5 Commission to do this, and as a result, we created this
6 resolution for a renewal of their excursion liquor
7 license with the amended hours in a nongaming area
8 allowing them to serve alcohol up to 3:00 a.m.
9 CHAIRMAN SHULL: Are there any questions?
10 COMMISSIONER HAIS: If not, Mr. Chairman,
11 I would move for the approval of Commission Resolution
12 No. 07-047.
13 COMMISSIONER BRADLEY: Second.
14 CHAIRMAN SHULL: Is there further
15 discussion? Call roll, please.
16 MS. FRANKS: Chairman Shull?
17 CHAIRMAN SHULL: Approved.
18 MS. FRANKS: Commissioner Jones?
19 COMMISSIONER JONES: Approved.
20 MS. FRANKS: Commissioner Hais?
21 COMMISSIONER HAIS: Approved.
22 MS. FRANKS: Commissioner Plunkett?
23 COMMISSIONER PLUNKETT: Approved.
24 MS. FRANKS: Commissioner Bradley?
25 COMMISSIONER BRADLEY: Approved.
0032
1 MS. FRANKS: By your vote, you've adopted
2 Resolution No. 07-047.
3 MR. MCNARY: Mr. Chairman, Item VI on the
4 agenda concerns licensure of Certain Level 1 Key
5 Applicants. Lieutenant Gary Moore will address it.
6 MR. MOORE: Mr. Chairman and
7 Commissioners, the highway patrol and Gaming Commission
8 investigators conducted a background investigation on
9 the following Level 1 Applicant. The investigation
10 included, but was not limited to criminal, financial,
11 and general character inquiries.
12 The Level 1 Applicant is Loren J. Guidry,
13 vice president of casino operations at Harrah's,
14
15 investigation provided the Gaming Commission staff for
16 their review of their recommendation. Thank you.
17 MR. MCNARY: Mr. Chairman, Mr. Guidry's
18 Level 1 license application required Commission's
19 investigators to make follow-up inquiries regarding a
20 matter in the state of
21 wasn't information available to confirm or deny a
22 target of the investigation. Our investigation in this
23 matter was inconclusive, but did not reveal any
24 intentional wrongdoing on the part of the applicant.
25 Consequently, we find no reason not to license the
0033
1 applicant.
2 CHAIRMAN SHULL: Are there any further
3 questions? Is there a motion?
4 COMMISSIONER PLUNKETT: I'd like to make a
5 motion to approve 07-048.
6 COMMISSIONER JONES: Second.
7 CHAIRMAN SHULL: Are there any questions
8 or discussion? Call roll, please.
9 MS. FRANKS: Chairman Shull?
10 CHAIRMAN SHULL: Approved.
11 MS. FRANKS: Commissioner Jones?
12 COMMISSIONER JONES: Approved.
13 MS. FRANKS: Commissioner Hais?
14 COMMISSIONER HAIS: Approved.
15 MS. FRANKS: Commissioner Plunkett?
16 COMMISSIONER PLUNKETT: Approved.
17 MS. FRANKS: Commissioner Bradley?
18 COMMISSIONER BRADLEY: Approved.
19 MS. FRANKS: By your vote, you've adopted
20 Resolution No. 07-048.
21 MR. MCNARY: Mr. Chairman, Item VII,
22 consideration of hearing officer recommendation.
23 General Counsel, please handle that.
24 MR. HINCKLEY: Mr. Chairman and
25 Commissioners, I direct your attention to Tab N, and if
0034
1 you will recall, we addressed Commission Resolution
2 No. 07-049 pertaining to a Melody Kirsch at our last
3 meeting. It was presented by Hearing Officer Stephen
4 Stark, and there was a discussion of the findings of
5 fact and conclusions law of Mr. Stark, which included
6 in the tab, and if I recall correctly, there was still
7 a question remaining as to the severity of Ms. Kirsch's
8 conviction in 1979 and whether or not that was a
9 felony, which would essentially entitle the Commission
10 with regard to proposing a discipline, and as a result
11 of my research, which extended to the original court
12 file, personal inspection of the original court file
13 with the help of Justice Tom Clark from the City of
14
15 this was, in fact, a felony conviction.
16 MR. MCNARY: Mr. Chairman, Commissioners,
17 you know, this is irregular, but we've run it all the
18 way out. The law is clear that it's a felony, and a
19 felony prohibits the licensing. The only remedy based
20 on my past experience is for her to file to withdraw
21 the former plea of guilty in an attempt to enter a plea
22 of not guilty based on manifest injustice. That's out
23 of Commission's jurisdiction.
24 CHAIRMAN SHULL: Is Ms. Kirsch here?
25 MS. KIRSCH: Yes, I am.
0035
1 CHAIRMAN SHULL: Would you like to address
2 us, please, regarding this, what your plans are.
3 MS. KIRSCH: My name is Melody Kirsch. I
4 have recently become aware of the possibility of asking
5 for an overturnment, and I would at this time like to
6 request to be given some time to hire an attorney and
7 do some research into the matter to gather the evidence
8 on whether I was aware, and there may be evidence in
9 the transcripts that I was told clearly that it was a
10 felony and don't remember. I was seventeen years old,
11 and if you would give me some time, I would appreciate
12 it.
13 CHAIRMAN SHULL: Thank you.
14 COMMISSIONER HAIS: Ms. Kirsch, I'm sorry.
15 I don't pretend to be an expert on these matters, but
16 my guess from the information that I do have about
17 similar types of things -- although, this is pretty
18 unusual -- is that this is going to be a somewhat
19 protracted, lengthy, drawn out thing. Do you already
20 have an attorney?
21 MS. KIRSCH: I had an attorney originally,
22 and then when it was concluded that this was a felony
23 and there was nothing that could be done, I released
24 the attorney, and now within the last -- just recently
25 in the last couple of weeks, I found that there is this
0036
1 other possible option, and it's -- it's going to be a
2 difficult road and one step at a time.
3 COMMISSIONER HAIS: Not to interrupt you,
4 necessarily, but you're -- so you're saying you don't
5 have an attorney right now?
6 MS. KIRSCH: At this time I do not have an
7 attorney.
8 MR. HAIS: Do you anticipate getting an
9 attorney very, very soon?
10 MS. KIRSCH: Like today, if I'm given more
11 time.
12 COMMISSIONER HAIS: All right. All right.
13 I don't --
14 CHAIRMAN SHULL: Mr. Hinckley, what option
15 do we have?
16 MR. HINCKLEY: If Ms. Kirsch is saying
17 that today she's going to contact the attorney to
18 schedule a hearing to overturn the conviction or
19 dismiss the conviction based upon an involuntary plea,
20 then with this matter potentially being changed, I
21 believe the commissioners could table the matter until
22 the next meeting to determine the hearing is scheduled,
23 but at some point, the commissioners -- perhaps at the
24 next meeting -- need to make -- need to take action,
25 and Ms. Kirsch would have to continue to follow up with
0037
1 her administrative remedies and exhaust that process,
2 but I believe that if we can determine that something
3 is being scheduled, it may resolve the matter before
4 the next meeting if we could do that.
5 COMMISSIONER HAIS: Personally, I don't
6 have any objection, Mr. Chairman, to -- to doing
7 whatever is reasonable and fair under the
8 circumstances. I -- I -- It's just the -- the idea
9 that this is going to be a -- that we're going to have
10 this under submission for, you know, six months or a
11 year or something like that opens the Commission to
12 criticism of its -- of the performance of its function
13 as a -- you know, and it just seems like, to me, that
14 there ought to be a little more -- this ought to be
15 expedited in some way, if possible.
16 MR. HINCKLEY: There is -- Ms. Kirsch's
17 course of action should not be altered if we were to
18 act today. It still -- Regardless of the action today,
19 Ms. Kirsch needs to do the same thing in order to
20 regain her license.
21 COMMISSIONER HAIS: Well, that's exactly
22 what I was getting at. Thank you for saying it. You
23 know, obviously, our options are to proceed and have
24 her attorney attempt to set aside both matters.
25 MR. HINCKLEY: And can stay -- I believe
0038
1 that her administrative remedies can also stay the
2 revocation until if she follows through on those
3 administrative procedures.
4 COMMISSIONER HAIS: And that would be the
5 prudent option, put the burden on the applicant to seek
6 a remedy that reverses whatever consequences flow from
7 her actions. After all, they were her actions
8 initially, so --
9 MR. HINCKLEY: That's correct.
10 COMMISSIONER HAIS: In that case,
11 Mr. Chairman, if there are no other questions, I would
12 move that the previous vote on the resolution be -- be
13 -- a vote be held and we will rule on the matter and
14 stay whatever revocation proposed from the ruling if
15 the Commission so votes pending an attempt by
16 Ms. Kirsch through counsel to overturn the -- the
17 underlying conviction and -- and the subsequent
18 consequences of this Commission.
19 MR. HINCKLEY: So my understanding --
20 COMMISSIONER HAIS: If that's obscure
21 enough.
22 MR. HINCKLEY: It's my understanding that
23 we're going to approve the resolution which is the
24 final decision of the Gaming Commission with regard to
25 Ms. Kirsch's occupational license adopting the findings
0039
1 of fact and inclusions of law attached, which make the
2 finding that denial of her license is proper?
3 COMMISSIONER HAIS: Correct, and stay
4 execution of the ruling unless the -- unless --
5 MR. HINCKLEY: I believe that the
6 appropriate -- that once the -- that the Commission
7 remedies of Ms. Kirsch would have the possible effect
8 of what your second statement was, so if the -- and
9 that the burden is upon her. If we were to adopt the
10 findings --
11 COMMISSIONER HAIS: Yeah. No, it would
12 be --
13 MR. HINCKLEY: -- subsequently, it would
14 be her burden to effectively stay, so I believe it's
15 proper to just simply adopt the findings, you know,
16 which would result in a denial for her license.
17 CHAIRMAN SHULL: Is there a second?
18 COMMISSIONER BRADLEY: If there's no
19 second, could I make a motion that we table this
20 resolution for 30 days and then make -- discuss this
21 same situation in 30 days and take the appropriate
22 action at that time at the next meeting.
23 COMMISSIONER JONES: I'll second that.
24 CHAIRMAN SHULL: Is there further
25 discussion? Call roll, please.
0040
1 MS. FRANKS: Chairman Shull?
2 CHAIRMAN SHULL: Approved.
3 MS. FRANKS: Commissioner Jones?
4 COMMISSIONER JONES: Approved.
5 MS. FRANKS: Commissioner Hais?
6 COMMISSIONER HAIS: I'll approve it.
7 MS. FRANKS: Commissioner Plunkett?
8 COMMISSIONER PLUNKETT: Approved.
9 MS. FRANKS: Commissioner Bradley?
10 COMMISSIONER BRADLEY: Approved.
11 MS. FRANKS: By your vote, Resolution
12 No. 07-049 is tabled for 30 days.
13 MR. MCNARY: The next item under VII on
14 the agenda will be handled by Gary Jenkins.
15 MR. JENKINS: Good afternoon, Chairman and
16 Commissioners.
17 CHAIRMAN SHULL: Good morning.
18 MR. JENKINS: This is a case involving
19 Vathana Sirithisack. Mr. Sirithisack was a Level 2
20 occupational licensee. He was a blackjack dealer at
21 the Isle of
22 Mr. Sirithisack was playing blackjack at the Ameristar
23 when a blackjack dealer, Ardra Baker, was dealing
24 blackjack, and he was the only player at her table, and
25 he made some comments to her, and first he said
0041
1 something to the effect of, "Would you like to make
2 some money?" And then she jokingly said back, "Well,
3 yeah, I like to make money. I like to make dibs," and
4 then a few minutes later, he said something to the
5 effect of, "Well, smile if you have the ten card down,"
6 and with blackjack, if you've got a ten or an ace, the
7 total of twenty-one, and one card's down and one card's
8 up, and so he wanted to know from her if she had a ten
9 card down, and it would give him an edge if he knew
10 what her down card was, and she was so uncomfortable
11 with this interchange that she didn't think it was a
12 joke, and she went on her break shortly thereafter and
13 told her supervisor about it and that she did not want
14 to go back to that table.
15 Well, at that time Mr. Sirithisack was
16 gone. Well, for some reason, unexplainable to me,
17 nothing really happened at that time, and then on July
18 the 11th, 2006, Mr. Sirithisack was back at the
19 Ameristar, and he was playing blackjack, and the
20 blackjack dealer, Rosemary Lanfranca, had dealt him a
21 blackjack, and we had a video, and you can see that he
22 sees he has a blackjack, and she turns away, and you
23 can't really see her face, but she turns with her hands
24 like this, and his hands come up and a chip. Well, he
25 had four $25 chips in a pile in the betting circle, so
0042
1 there's a circle right in the middle of a star, and
2 that's where you have to lay your chips down, and it
3 was explained to me that if the chips were in front of
4 it, that's a tip or a bet for a dealer, no other chips
5 would be down there except in the betting stars, so
6 there's a cheating procedure called capping the bet,
7 and capping the bet means the player -- once the player
8 realizes that they probably -- or they have a winning
9 hand will try to slip another chip on top of the pile
10 that's already there or within the betting circle, and
11 there's some discussion about whether if one had fallen
12 off or if he'd had more than two piles in that betting
13 circle, so that wasn't really clear to me, but it seems
14 like that one pile is the betting one, so his is the
15 bet for the person, and so no other chips would be
16 behind it, so you see his hand come up and a chip comes
17 out of his hand and it goes -- it hits the chip pile
18 and then falls down, and it -- the dealer at that time
19 then turned back and reached over and flipped that chip
20 back and paid off that original $100 bet, and she was
21 again so uncomfortable with this situation that she
22 went to a supervisor right away and said, "I think that
23 man's trying to cheat me. I think he tried to cap the
24 bet," and at that time, the casino did something, and
25 then they -- I think they then found out about this
0043
1 first situation, and looked into that to some extent.
2 I can't explain why they didn't before.
3 In my opinion, I found both of the dealers
4 testimony very compelling. They were -- In their mind,
5 it was -- it was -- both were attempting to cheat the
6 casino, and the first one was an attempt to work in
7 collusion with a dealer, and the defense was in his
8 first attempt that he was joking and that he really
9 couldn't do that, but it appears to me that, you know,
10 Ms. Baker did not think he was joking at all. She was
11 really upset about it, and she was still upset several
12 months later when we had the hearing, and he could have
13 -- she could have lifted her down card.
14 There's a thing called peeker. You slide
15 a card back and look at a little mirror or something.
16 They didn't have one for me to see, and I've never
17 looked at one, but you can see what your down card is,
18 and so if she wanted to, a corrupt dealer could always
19 slide one back and look at his down card and see what
20 it is and signal to a player, and, you know, they have
21 surveillance on these casinos, but there's not somebody
22 watching that all the time.
23 Many times, they'll go back and review the
24 tape, and they may not even notice, and even if they
25 were looking at the screen, they may not even notice
0044
1 even if they played that back because there are times
2 that they can't play it back depending on the play of
3 the cards.
4 On the second situation, the defense was,
5 "Well, it would have been suicidal to do that," but,
6 you know, I don't know. It probably was. To me, it
7 appeared that it was a clumsy attempt to cap the bet,
8 and, again, I base my decision on the fact that the
9 dealer was there, and she was -- you know, she was so
10 convinced that this was an attempt to cap that bet that
11 she told somebody immediately.
12 Having said that, I would concur with the
13 Missouri Gaming Commission's recommendation that
14 Mr. Sirithisack's Level 2 occupational license be
15 revoked. Thank you.
16 CHAIRMAN SHULL: Are there any questions
17 for Mr. Jenkins?
18 COMMISSIONER BRADLEY: Is Mr. Sirithisack
19 here?
20 CHAIRMAN SHULL: Is Mr. Sirithisack here?
21 Would anybody care to comment? Is there a motion?
22 COMMISSIONER JONES: Move for the approval
23 of Resolution No. 07-050.
24 COMMISSIONER BRADLEY: Second.
25 CHAIRMAN SHULL: Is there further
0045
1 discussion? Call roll, please.
2 MS. FRANKS: Chairman Shull?
3 CHAIRMAN SHULL: Approved.
4 MS. FRANKS: Commissioner Jones?
5 COMMISSIONER JONES: Approved.
6 MS. FRANKS: Commissioner Hais?
7 COMMISSIONER HAIS: Approved.
8 MS. FRANKS: Commissioner Plunkett?
9 COMMISSIONER PLUNKETT: Approved.
10 MS. FRANKS: Commissioner Bradley?
11 COMMISSIONER BRADLEY: Approved.
12 MS. FRANKS: By your vote, you've adopted
13 Resolution No. 07-050.
14 MR. MCNARY: Mr. Chairman, the next item,
15 VIII, Consideration of Proposed Rulemaking, will be
16 handled by Legal Counsel David Welch.
17 MR. WELCH: Good morning, Mr. Chairman and
18 Members of the Commission. Last March, you adopted
19 proposed orders of rulemaking for several sections of
20 the CSR's minimum internal controls, and following
21 that, in April, they were published in the Code of
22 State Regulations for comment.
23 We received several comments on those, and
24 in May, we had a public hearing on those proposed
25 rules. We have incorporated the comments that the
0046
1 staff agreed with into the proposed rules, and you now
2 have before you proposed final orders of rulemaking. I
3 believe you have a proposed motion in front of you,
4 which would adopt all of the proposed orders as a
5 single motion, or you may adopt them each as a separate
6 motion.
7 I would also state that on Monday we
8 received approximately six additional comments, and an
9 additional set of eyes are always helpful, and these
10 pointed out some minor grammatical technical changes,
11 and I would ask that we be allowed to make those
12 changes, things like referring to "Section F" when it
13 should be "Chapter F," things of that nature, and that
14 we be allowed to make those when we publish them in the
15 final rules.
16 CHAIRMAN SHULL: After reviewing those,
17 does anyone have any questions for Mr. Welch? Would
18 there be a motion to approve all of them, then?
19 COMMISSIONER HAIS: I would so move.
20 COMMISSIONER JONES: Second.
21 CHAIRMAN SHULL: The motion is made and
22 seconded. Is there any further discussion? Call roll.
23 MS. FRANKS: Chairman Shull?
24 CHAIRMAN SHULL: Approved.
25 MS. FRANKS: Commissioner Jones?
0047
1 COMMISSIONER JONES: Approved.
2 MS. FRANKS: Commissioner Hais?
3 COMMISSIONER HAIS: Approved.
4 MS. FRANKS: Commissioner Plunkett?
5 COMMISSIONER PLUNKETT: Approved.
6 MS. FRANKS: Commissioner Bradley?
7 COMMISSIONER BRADLEY: Approved.
8 MS. FRANKS: By your vote, you've adopted
9 Final Orders of Rulemaking: 11 CSR 45-1.090, 5.051,
10 5.183, 5.184, 5.185, 5.265, 8.130 and 9.030.
11 MR. MCNARY: There needs -- Well, first,
12 Mr. Chairman, closed session will be right next door in
13 the next room over, and we need a motion to adjourn
14 this part of the meeting.
15 COMMISSIONER JONES: Mr. Chairman, I'd
16 move to close this meeting to receive, discuss and
17 consider the following matters: Personnel matters
18 under Section 610.021(3) and (4) and closed minutes or
19 other closed records under Statute 610.021(14) and
20 313.847.1.
21 CHAIRMAN SHULL: Is there a second?
22 COMMISSIONER PLUNKETT: I'll second.
23 CHAIRMAN SHULL: Call roll, please.
24 MS. FRANKS: Chairman Shull?
25 CHAIRMAN SHULL: Approved.
0048
1 MS. FRANKS: Commissioner Jones?
2 COMMISSIONER JONES: Approved.
3 MS. FRANKS: Commissioner Hais?
4 COMMISSIONER HAIS: Approved.
5 MS. FRANKS: Commissioner Plunkett?
6 COMMISSIONER PLUNKETT: Approved.
7 MS. FRANKS: Commissioner Bradley?
8 COMMISSIONER BRADLEY: Approved.
9 (Thereupon, the hearing was adjourned.)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
0049
1 STATE
OF
) SS
2
3
4 I, Courtney B. Cunningham, a Certified Court
5
Reporter within and for the State of
6
certify that I was present at the
7 701 Convention Plaza, Room 145, in the City of
8
9 A.D., 2007; that thereafter, a hearing was held,
10 commencing at 9:00 in the morning of that day, that all
11 proceedings which then transpired were
12 contemporaneously reduced to shorthand by me, and later
13 transcribed into typewriting, and that the foregoing
14 pages are a true and accurate transcript of the record
15 of proceedings made by me at that time.
16 IN WITNESS WHEREOF, I have hereunto set my hand
17 this 9th day of July, A.D., 2007, at
18
19
20 ___________________________________
COURTNEY B. CUNNINGHAM, CCR #1107
21 Certified Court Reporter within
and for the State of
22
23
24
25