1 NATIONAL INDIAN GAMING COMMISSION

 PUBLIC COMMISSION MEETING

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 Phoenix, Arizona

3 April 7, 2011

 2:04 p.m.

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 REPORTED BY:

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 Cindy Bachman

11 Certified Reporter No. 50763

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25 Job No. NJ319751

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1 THE NATIONAL INDIAN GAMING COMMISSION,

2 PUBLIC COMMISSION MEETING, taken on April 7, 2011,

3 commencing at 2:04 p.m. at the WYNDHAM PHOENIX HOTEL,

4 50 East Adams, Phoenix, Arizona, before CINDY BACHMAN,

5 Arizona Certified Court Reporter, in and for the State

6 of Arizona.

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8

 Committee Members Present:

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10 Tracie Stevens, Chairwoman

11 Steffani Cochran, Vice Chairwoman

12 Daniel Little, Associate Commissioner

13 Paxton Myers, Chief of Staff

14 Lael Echo-Hawk, Councilor to Chairwoman

15 Kathy Zebell, Staff Attorney

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1 (The meeting commenced at 2:04 p.m.)

2 * * * * *

3 CHAIRWOMAN STEVENS: Good afternoon. I'd like

4 everyone to take their seats, if they could, please.

5 Thank you. I'd like to call to order the

6 National Indian Gaming Commission Public Meeting for

7 today, April 7, 2011. This is a public forum meeting,

8 and we will proceed as such. Before we begin, I'd like

9 to provide some opening remarks to attendees here.

10 Unlike the meeting that we had this morning,

11 which was an actual Tribal consultation, this is just

12 the Commission running their normal course of business

13 here, and not meant to be a dialogue. But I'll address

14 that in a moment.

15 We, as this new Commission, decided that we

16 would reinstitute the meeting. If you read under the

17 statute, it says that the Commission will meet no less

18 than every four months, which is technically three

19 times a year.

20 In the past Commissions, and it's been some

21 time ago, there were public meetings that were held

22 like this to sort of conduct the business of the

23 Commission, and the Commission would vote on issues.

24 And we're instituting that here today.

25 Before we move on with the agenda, all the

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1 information is back there (indicating). I would like

2 the other Commissioners to provide opening statements,

3 or if they have a few words they'd like to share.

4 Steffani Cochran is our Vice Chair, and I'll

5 turn the microphone to her.

6 VICE CHAIRWOMAN COCHRAN: Good afternoon.

7 I'm Steffani Cochran, Vice Chairwoman in the National

8 Indian Gaming Commission.

9 I know many of you were here this morning, so

10 it's nice to see you, and thank you for staying this

11 afternoon to participate in our public meeting. We

12 look forward to giving you some insight into the actual

13 agency operations and things that are going on

14 internally that you may not get an opportunity to see

15 as often in our consultations.

16 So thank you for staying with us and joining us

17 today, and I'll turn it over to Commissioner Little.

18 COMMISSIONER LITTLE: Good afternoon,

19 everybody. I'm very happy that we're doing this.

20 These meetings are in line with the President's

21 directive of open government transparency.

22 We want to me more open and transparent to the

23 Tribes so that they can see the business that we do on

24 a regular basis. And this is probably the most

25 appropriate way, is that we bring our meetings to

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1 different locations around the country and give you a

2 little glimpse of some the issues that we tackle on a

3 daily basis.

4 Thank you for all being here, and I'll talk to

5 you soon.

6 CHAIRWOMAN STEVENS: Just some housekeeping.

7 I just want to remind everybody that these proceedings

8 are not intended to be participatory. We're going to

9 conduct some business here.

10 We have a public comment section at the end of

11 the agenda. Anyone who would like to make public

12 comments to the Commission about any of our activities,

13 it's at the end of the agenda that we'll address that.

14 If you would like to make a comment, there's a

15 sign-up sheet at the desk that you can make a comment.

16 But we'll go ahead and continue with the business of

17 the Commission.

18 The first thing on the agenda is a review of

19 our policy initiative report. As many of you know, the

20 Commission has four major initiatives that we have

21 launched: one, "Consultation and Relationship

22 Building"; two, "Technical Assistance and Training";

23 three, "Regulatory Review"; and four, "Agency Operation

24 Review."

25 It's on your agenda. It's a little out of

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1 order. But those are our four major initiatives.

2 The first initiative I will address. It's on

3 "Consultation and Relationship Building." We've heard

4 over the past nine months, and for Vice Chairwoman

5 Cochran almost a year and half now, the need for the

6 Commission to address consultation and the process of

7 consultation with Tribes.

8 We held consultations last summer to discuss

9 this, among other issues. We've continued to hear from

10 Tribes about consultation processes and policies. And

11 with that information, along with information we

12 gathered from the Department of Interior's consultation

13 process, released a draft Consultation policy for the

14 NIGC on March 8th, last month, 2011.

15 The comment period for that will close on

16 May 31, 2011. We held a consultation this morning in

17 this room from 9:00 a.m. to 12:00. It garnered many

18 good revisions -- or suggested edits to the policy,

19 comments from Tribes, which we will incorporate into a

20 record, and that will be part of the bigger objective.

21 I believe we do have some extra copies of the

22 draft consultation policy, should anyone need that.

23 It is posted on our website. We encourage everyone to

24 participate in commenting on the consultation policy.

25 We'd like to have that solidified and ironed out before

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1 too long. We've received good information so far, and

2 that will be the tool and instrument that we will use

3 as we move forward through other processes that we have

4 in place now.

5 So our first priority was how to deal with

6 consultation and how to revise our practices, which

7 we've done. And we put out a policy for comments that

8 Tribes had input in, and then we will finalize it as we

9 move forward.

10 Next, I'd like to turn it over to

11 Vice Chairwoman Steffani Cochran to discuss the

12 training and technical assistance and give us a report

13 on how we're doing on technical assistance and training

14 and that particular initiative of the Commission.

15 VICE CHAIRWOMAN COCHRAN: The Commissioners --

16 as many of you know, you've heard us speak about how

17 we've each taken on a major initiative, to kind of lead

18 the way on the initiative. And the one initiative that

19 I'm responsible for is training and technical

20 assistance.

21 I am very fortunate because the Commissioners

22 each agree that this is a significant objective for us

23 to achieve. We did do a survey that I know many Tribes

24 participated on, and I'll walk you through the results

25 of the survey as we go through.

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1 As we said, training and technical assistance

2 is a major initiative of the Commission. We do view it

3 as an essential component of what we do within the

4 agency, and we also see it as an essential component

5 that must be done in cooperation with the Tribes.

6 We also firmly believe that successful

7 regulation depends upon a properly trained, skilled,

8 and informed work force, and we have an obligation to

9 assist the Tribes in the efforts to make that happen.

10 We also firmly believe that well-targeted

11 training and technical assistance programs provide a

12 foundation that maintains not only the integrity, but,

13 ultimately, the success of gaming. So this is clearly

14 something that we believe is of utmost importance

15 during our time on the Commission.

16 We also acknowledge that training and technical

17 assistance activities are a requirement by statute.

18 And many of you sitting here, I know, were involved in

19 the amendments to IGRA that involved our requirement to

20 provide training and technical assistance to the

21 Tribes.

22 But more importantly for us, I think we do see

23 it as a preventative measure that we can use to help

24 pre-empt potential violations, if there are some; to

25 decrease the compliance issues that have come up as

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1 work labor tribes; to reduce the need for any

2 additional regulations. If we're providing the level

3 of training and technical assistance that is needed,

4 additional regulation shouldn't be necessary.

5 We also believe that training and technical

6 assistance obviously enhances operations and

7 performance. So we are looking to help equip Tribes

8 with the tools that they need to protect their

9 operations, as admissioned by IGRA itself.

10 Within the training and technical assistance

11 initiative, we have set out some new objectives to try

12 to help measure our efforts during our time. We, first

13 and foremost, took a look at the program itself to look

14 at the training levels; the attendance, who was

15 attending, where they were attending, what they were

16 attending; how much agency staffing, time, resources

17 were being devoted to these activities.

18 Looking at the coordination amongst the

19 divisions, many of you are familiar with how the agency

20 is set up currently at the divisions: enforcement,

21 compliance, and audits. So we're looking at the

22 coordination between those divisions to see how well

23 they were providing these types of activities.

24 We also were looking at partnerships, you know,

25 whether or not we were engaged in partnership

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1 activities, which would, again, get more resources to

2 the Tribes through training and technical assistance

3 activities.

4 We are very concerned with the resources that

5 are allocated to these activities and making sure that

6 we maximize those resources. We know that Tribes are

7 being pushed to the limit on their budgets. We also

8 understand that these are often funds that are, first

9 and foremost, to be reduced when Tribes are looking at

10 budget cuts. So we're looking to make sure that if we

11 have the ability to step in and provide resources to

12 you, that we do that through this program.

13 Part of the survey, the objective of the survey

14 itself, was looking to ways that we can improve the

15 offerings that we currently provide. We're looking at

16 what's working, what made need some improvement.

17 We're looking at the survey, which was designed

18 to look at, I should say, what the Tribes need. We

19 have thoughts, obviously, as an agency, as to what the

20 needs are out there, but we needed to know from the

21 Tribes directly what the needs were.

22 And we also were looking through the survey to

23 try to identify the variances that might exist and the

24 new levels and the types. There are different issues

25 that are more important in the different regions.

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1 And, again, all of this is designed to maximize

2 what our limited resource is, not only on behalf of the

3 agency, but on behalf of the Tribes. We are also

4 looking to, of course, improve participation and to the

5 concerns of the Tribes.

6 So the survey came out in January. It was

7 completed in February. There were 596 surveys that

8 were sent to Tribal leadership, Gaming Commissions,

9 operations personnel. We received 255 responses, which

10 was an amazing response rate for surveys.

11 We had 123 gaming Tribes that did participate

12 in this survey. So the feedback from the Tribes was,

13 in my opinion, amazing. And we were provided a lot of

14 information that we needed to know.

15 The survey says 48 percent of the respondents

16 indicated they had attended NIGC training. We asked

17 that question specifically so that we knew what level

18 of feedback we were getting. These people that had

19 attended had thoughts and ideas on what we currently

20 offer or there were people that were responding based

21 on what they need, a future need or an assisted need.

22 The barriers that were listed -- there were

23 many barriers. What I provided here for you is the top

24 four: funding, distance, an awareness of what we offer,

25 and time. These were the top four barriers that were

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1 provided.

2 These are all things that we can have an impact

3 on, as an agency. We need to direct our resources to

4 overcome these barriers, or helping you overcome the

5 barriers. And we needed to look at, as we will be

6 looking at, how we can help with the distance issues by

7 maybe making better use of technology; by maybe making

8 better use of widely-attended gatherings where

9 regulators might be; by bringing us to you in cases

10 where a Tribe simply cannot get its people out to

11 training. How can we get to you perhaps so that we

12 also make best use of your time?

13 And then obviously if we're getting feedback

14 that they're not certain what we offer, then we need to

15 do a better public outreach. And that is certainly

16 absolutely something within our control.

17 The rankings on the survey did ask about the

18 current offerings of the NIGC. And the rankings

19 clearly indicated that there was not an increased need

20 for IT, internal audit-related courses; an on-going

21 preference for fundamentals; and a decreased demand for

22 pre-gaming courses.

23 And these are courses of taking land into trust

24 for gaming. Also some courses that weren't widely

25 attended, Keno, for example. Pari-mutuel was another

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1 course.

2 It also showed us that there's a maturity in

3 the industry and that we need to make sure that all

4 things reflect the maturity of the industry.

5 There were also some distinct global

6 preferences. And when I say "global," I mean

7 throughout all Indian Country. But there were also

8 some clear indications on some regional preferences,

9 things that are unique to the regions.

10 As to the current curricular, again, the

11 respondees did ask for more refresher courses and more

12 advanced courses. And we are currently working on

13 trying to get some advanced courses out there.

14 These are the highest-ranked courses. I won't

15 go through them, but they do, again, clearly indicate

16 IT being a course of importance for the people who

17 responded. Internal audits being another course in

18 high demand.

19 Our lowest ranked courses are ANEPA basics,

20 liquidity, basic IGRA, eligibility of land for IGRA

21 gaming, Pari-mutuel, Keno. These are the things that I

22 was describing earlier as showing having at least the

23 least amount of preference by the survey takers.

24 The other thing that we took away from the

25 survey was a need for us to tailor some courses to

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1 align with the priorities of the various people who

2 responded to the survey. This is the priorities of the

3 leadership, the priorities of the Commissioners -- the

4 Gaming Commissioners, and the priorities of the

5 operations. And it may be that we need to start

6 thinking in terms of how to reach out to those groups

7 and how do we make sure we're meeting the needs of each

8 individual group.

9 There were some identified preferences that we

10 took away from the survey. We do need to overcome some

11 barriers to participation, and we've got some ideas on

12 how to do that, and I've mentioned those earlier.

13 We do also have a need out there for advanced

14 or practical courses, also refresher courses. Gaming

15 technology and audit training being in preference. And

16 IT and practical hands-on type courses also being in

17 high preference.

18 We also need to take increased use of available

19 technology to meet some needs right now. Tribes that

20 maybe have distance issues, maybe have budget issues

21 that simply won't allow them to get out.

22 The next steps that you can see from the survey

23 will -- we are going to put the executive survey, which

24 I believe has been made available to you today, will be

25 put up on the website so that, again, you can look at

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1 it.

2 We are in the process of working through our

3 course catalog to try to, again, eliminate courses that

4 are not in high demand right now, offer those courses

5 that might be in high demand, and, again, make sure

6 that we're targeting various leads.

7 And then finally, the survey has allowed us to

8 also identify those areas which might bolster some of

9 the partnerships -- potential partnerships that we like

10 to see.

11 Madame Chairwoman, the last thing that I would

12 like to offer and talk about in regard to training, in

13 addition to the survey and the catalog and the work

14 that's going on with the catalog, is we do have some

15 ongoing or some current training activities.

16 We will be offering regional training up in

17 Portland next week. The information, again, about any

18 of our training activities is on the website. If you

19 need assistance on how to find it, please let me know,

20 and I can certainly give you that direction.

21 There's also going to be regional training in

22 Oklahoma City and in Tulsa next month, that will be

23 available. And then Nimish is going to be doing,

24 actually, a partnership with the Oklahoma Tribal Gaming

25 Regulators Association -- or conference, excuse me, in

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1 Choctaw this month. So that will be our first kind of

2 introduction to getting out and doing some partnership

3 activities with some of the gaming associations.

4 We hope to use this as an opportunity to look

5 at it more carefully and figure out where we can do

6 some future partnerships, not only on the Tribal side,

7 but also to work with our federal agencies to come up

8 with, perhaps, partnerships to get more information out

9 to Indian Country. Thank you.

10 CHAIRWOMAN STEVENS: Thank you, Vice

11 Chairwoman.

12 I'd like to turn it over to Associate

13 Commissioner Dan Little to go over the agency

14 operation's initiative and give us an update on where

15 we're at with that.

16 COMMISSIONER LITTLE: Thank you, Madame

17 Chairwoman.

18 As many of you have heard, this Commission said

19 this in the past, and we've said it often, we are just

20 as concerned about how we run our operation as we are

21 about how Tribes run their own operations.

22 This Commission is set forth to do a complete

23 review of all agency operations, with the goal of

24 improving agency efficiency, streamlining operations,

25 eliminating any redundancies, with an effort to make an

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1 agency that's leaner, smarter, and better equipped to

2 serve the industry.

3 And how we're doing that is through a number of

4 ways. The first one is, we've enlisted the help of the

5 Office of Policy and Management to provide information

6 and some assistance to the agency on how our

7 organization is structured.

8 I think putting things in terms of -- the

9 agency actually, physically, is only about 18 years

10 old. The act was created in 1988, and the NIGC, as an

11 office, was set up, I'd say, around '93 or '94. I'm

12 sure some folks could probably correct me on that one.

13 So we're relatively an infant in terms of federal

14 agencies.

15 And what we've found as we were reviewing how

16 the agency operates, is that there's a lot of

17 inconsistencies and incompleteness in our policies and

18 procedures, in our organizational charts, in our job

19 descriptions, our FTEs, and such. That it's only

20 appropriate that we take a look at the way the agency

21 is organized and to ensure that what our employees are

22 doing matches what their job description says.

23 We've got a lot of really dedicated employees

24 that have assumed responsibilities that may not

25 necessarily be part of their job description. We need

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1 to make sure that the agency, through job description,

2 reflects that.

3 So we've enlisted the help of the Office of

4 Policy and Management, and they have begun helping the

5 agency through -- first of all, it's looking at the

6 structure, the job descriptions. And they're getting

7 ready to start a series of employee surveys and focus

8 groups to get more information. And that way, the

9 Commission can make better determination and make some

10 good planning as we move forward with the agency.

11 The next step that we're looking at is

12 formalizing a budget process. Many folks understand

13 that these are long and tenuous processes that really

14 forces the agency and organization to do a detailed

15 look at where every dollar is spent. It's very

16 appropriate considering the fact that our agency is not

17 funded through any federal appropriations and they are

18 through tribal dollars.

19 Over the course of the previous four or five

20 years of this Commission, the agency hired a lot of

21 people. We've come to the -- I don't want to say

22 "problem." But we've come to a point where the cost of

23 our capital is getting near close to 75 percent of the

24 overall agency budget. And that's become tough in long

25 term, if you're doing long-term forecasting.

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1 So what we've done is we've implemented a

2 formal budgeting process where we will sit down with

3 all the divisions and senior supervisors and managers

4 to just go through where, in fact, we are spending our

5 money to ensure that we're capitalizing on all of our

6 efficiencies.

7 We are on a fiscal year budget, so the process

8 will begin here in the next couple of months with the

9 hope of having things completed by summer and be able

10 to pass a budget late summer or in September.

11 The next agenda item is office utilization

12 assessment. The NIGC headquarters in Washington, DC,

13 is -- we are losing our lease, and that will be in May

14 or June of 2013. So the long-term plan is we have to

15 start looking at areas where we can possibly move the

16 agency, looking at where the agency will need to be

17 because this will probably be for the next ten years,

18 as far as staffing and budget constraints go.

19 And also the actual cost of moving the agency,

20 which could be somewhere in the realm of one and a half

21 to $2 million. One of the other reasons why we need to

22 be very caution, and we need to look carefully at our

23 budget.

24 And then the final issue I want to report to

25 the Commission here is on the progress of our policies

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1 and procedures. Like I was saying earlier, the

2 Commission is relatively young, in terms of how federal

3 agencies go. Many Commissions before have moved

4 forward with policies and procedures.

5 Our effort is to ensure that our policies and

6 procedures are in accordance and in line with what's

7 required in a federal law. It's very important that

8 our employees understand the responsibilities, their

9 roles, and what's expected of them.

10 The current policies that we're working on

11 actually will -- under new business today, we're going

12 to have a vote on the alternative work schedule. But

13 other policies that are on the short-term, coming

14 before the Commission, will be under premium pay

15 policy, that includes comp time; dress code policy;

16 ethics policy; and our travel policy.

17 These are what's required for all federal

18 agencies. These are areas where ours either need --

19 they're incomplete or they need updating. And those

20 are what we'll be moving forward in the next few

21 months.

22 That's all I have to report. Thank you.

23 CHAIRWOMAN STEVENS: Okay. I do want to ask

24 one question that might help inform the folks that are

25 in attendance of this meeting.

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1 Commissioner Little, what other policies have

2 we passed since this Commission has been in place,

3 maybe off the top of your head?

4 COMMISSIONER LITTLE: We recently passed the

5 Indian Privates Policy. We've adopted the -- oh, that

6 was a couple months ago.

7 MR. MYERS: Umm.

8 COMMISSIONER LITTLE: The grievance --

9 CHAIRWOMAN STEVENS: Progressive Discipline?

10 COMMISSIONER LITTLE: Progressive Discipline

11 and Grievance Policy.

12 CHAIRWOMAN STEVENS: Harassment and EEO.

13 Just to inform everybody that this is a

14 constant work in process. There has not been a full

15 set of personnel policies at the Commission, and we're

16 trying to backfill and make sure they're current,

17 they're relevant, and that they're compliant.

18 So I just wanted to point that out that this is

19 not just these that we've mentioned today that are

20 upcoming, but some have already been authorized and

21 passed in an effort to make a complete book of

22 personnel practices for the personnel manual.

23 COMMISSIONER LITTLE: Thank you.

24 CHAIRWOMAN STEVENS: Okay. And for our last

25 initiative, I'll ask the counselor to the Chair,

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1 Lael Echo-Hawk, to go over where we're at in our

2 regulatory review process.

3 As many of you know, we've released our

4 regulatory review agenda and consultation schedule last

5 Friday, April 1st. It has been the subject of

6 conversation this week, so I'm going to turn it over to

7 Lael Echo-Hawk.

8 MS. ECHO-HAWK: Good afternoon. I hope you

9 guys are not in a lunchtime coma just yet. I promise

10 not to bore you too much with the regulations. Well,

11 actually, I cannot make that call. I don't find it

12 boring, so I apologize.

13 For most of you that have been keeping track of

14 the agency and what we're doing and the four

15 initiatives, you understand that this Commission has

16 taken seriously the mandate by IGRA that we promulgate

17 regulations -- to incorporate regulations to implement

18 the act.

19 Additionally, Executive Order 12866, the recent

20 January 18th of 2011 President Obama Executive Order

21 supplementing and supporting this Executive Order, and

22 the Regulatory Flexibility Act, all combine to tell

23 agencies to begin review of their regulations, to look

24 at your regulatory structure, and to streamline things,

25 reduce duplication, and come to some efficient way of

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1 managing the regulatory scheme.

2 So last year on November 18, 2010, most of you

3 know that we released a Notice of Inquiry, and we

4 invited Tribes and the public to tell us: What did

5 Tribes see this regulatory review looking like? What

6 regulations need to be reviewed? When and in what

7 order priority do they need to be reviewed? And

8 finally, how? By what means should we be reviewing

9 them?

10 Comment closed in February of this year. We

11 held a series of eight consultations, and we received

12 numerous written comments. All of those comments and

13 the consultation transcripts are posted on our website.

14 We received over 70 tribal comment letters.

15 We received one comment from the State; some from

16 industries, such as accountants; and some regional

17 Tribal Regional Gaming Associations. A lot of the

18 comments were from the general public, mostly having to

19 do with their opposition to gambling. And, again, we

20 had the eight Tribal consultations.

21 All these comments are considered. Every

22 comment was read. I read every comment. All the

23 commissioners read the comments, and we put together

24 summaries. We looked at what Tribes said, and then we

25 came up with a schedule that was released on Friday of

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1 last week.

2 It's important to note it -- and we did the

3 panel and went over this again yesterday. One of the

4 comments that we received, and I want to emphasize

5 today, is that this regulatory review agenda just sets

6 out the regulations that we're going to review

7 substantively.

8 The Notice of Inquiry was not about the

9 substance of the regulations. It was about, which ones

10 need to be revised? Which ones do we need to look at

11 substantively? So that's what we're going to be doing

12 over the course of the year.

13 It's important to note that the Commission has

14 not taken a position on whether or not the regulation

15 scheduled for review will, in fact, be revised. This

16 is just, we're looking at the regulations

17 substantively. We're looking to see if they actually

18 do need revision, based on the comments received from

19 Tribes and from our staff.

20 These are the regulations that appear to need

21 some careful review and some consideration. So we may

22 proceed with Notice of Proposal and making a final rule

23 on some, and we may not on others. But we are

24 beginning that review process.

25 So we were trying to figure out, how are we

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1 going to do this? How are we going to begin this

2 massive undertaking and manage it and make it as

3 manageable for the agency as possible and as manageable

4 for the industry and Tribes as possible?

5 And we came up with three phases. And these

6 phases also fall in line with the Executive Order of

7 the Tribal consultation, 13175, where it says:

8 (Reading) "An agency needs to consult --" and,

9 additionally, I brought the consultation policy that we

10 talked about this morning.

11 The agencies need to consult with Tribes before

12 we even begin propagating the standards. So that's

13 what we're really trying to do. We've set out at least

14 a 60-day preliminary drafting phrase.

15 And over the course of this phase, we'll begin

16 reviewing the regulation, and we'll be having Tribal

17 consultations. We'll be talking with you. We'll be

18 coming out to the regions and asking Tribes, "Look at

19 the substance of this. What revisions, if any, need to

20 be made," and soliciting that input.

21 The second phase, if, in fact, a regulation

22 does appear that it needs to be revised, then there'll

23 be another set of Proposed Rulemaking issued, with

24 approximately a 60-day comment period. Initially,

25 that's our goal is that we will have a 60-day comment

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1 period, and, if necessary, we can extend. But, again,

2 we're operating on a tight time frame. So we're hoping

3 to utilize all of your knowledge. And even though

4 we'll be moving fast, try to stick to the time frames.

5 Additionally, there'll be consultation meetings

6 during this period as well, for each phase in each

7 regulation.

8 And then finally, if we come to an agreement

9 that the proposed rule is okay or it needs a little bit

10 of a revision, we may issue a final rule and get a

11 45-day written comment period. Once that regulation

12 gets to the final rulemaking stage, there'll be a

13 45-day written comment period, but they'll be no more

14 Tribal consultations on that particular regulation.

15 So in addition to the phrases, we've divided

16 the regulations from the comments we received and the

17 Notice of Inquiry. We divided those up into five

18 different groups.

19 Now, these group numbers don't indicate

20 priority. It was just a matter of thinking about how

21 can we manage all these grouping parts in a way that

22 sort of addresses some of the low-hanging fruit, while

23 also giving enough time to those issues that are going

24 to require a lot of work, energy, and resources.

25 And this has all been based on agency

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1 experience in rulemaking, as well as the comments

2 received from Tribes.

3 So the first group covers -- and this is all in

4 Federal Register Notice, which is on the table

5 (indicating). The first group is the proposed Buy

6 Indian Act regulation, part 523, which is just a review

7 and approval of existing ordinances or resolutions --

8 which is sort of an obsolete regulation -- and comments

9 received from Tribes who are supportive of taking a

10 look at this regulation.

11 Part 514, which is the fee section. Facility

12 licenses, which is Part 559. And then the minimum

13 Internal Control Standards for Class III gaming.

14 Now, we had some questions on this yesterday,

15 so I wanted to clarify what this means. Because if you

16 look at the group sections, you see Class III addressed

17 Group 1 and in Group 5.

18 But the question that we're really going to be

19 asking in Group 1 is this: What do we do with

20 Class III? We know it's a giant elephant in the room.

21 We get asked that question every time we go anywhere.

22 What are you going to do with Class III? Do you know

23 you don't have any authority to deal with Class III?

24 On the other hand, we've got tribes saying,

25 "It's in our ordinance that we have the authority to

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1 enforce Class III at our location."

2 So we have to come to a decision. The industry

3 needs it, and the agency recommends that. So we've

4 removed that from any other discussion of Class II mix

5 or techical standards, for example. And we're going to

6 address that as a stand-alone issue during the Group I

7 consultation meeting.

8 Group 5 is -- well, we'll start, if you look at

9 the Federal issue notice, you'll see that when we start

10 looking at Group 5. And when we start that process,

11 we'll begin implementing any solution that we're able

12 to come to when we talk about what to do with

13 Group 3 -- with Class III mix and Group 1.

14 There's been a number of solutions floated out

15 there. We're hoping that over the course of this

16 regulation review, that we're going to be able to

17 address that elephant in the room and, hopefully, come

18 to a resolution that meets the needs of the industry

19 and the Tribes nationwide.

20 The second group is the enforcement regulations

21 and proceedings before the Commission. Again, due

22 process issues were raised. Many tribes suggested

23 voluntary compliance procedures outlined in the

24 enforcement provisions. And so we're going to be

25 reviewing those.

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1 Group 3 is work intensive. As most of you

2 know, we have the current Class II mix drafts out

3 there. We recently adopted a Part 547, minimum

4 technical standards for Class II, a couple of years

5 ago. And we're hearing that those already need to be

6 updated, so we're doing those during the Group 3

7 sessions.

8 Group 4, backgrounds and licensing. The

9 licensing pilot programs, formalizing this pilot

10 program. It's been a pilot program now for, you know,

11 10 or 15 years, so we'd like to formalize that.

12 So management contract provisions, such as

13 collateral agreements, definitions -- and then

14 definitions, in general. Anticipating that as we go

15 forward with this review, we're going to come to some

16 definitions that are going to need updating, and so

17 we'll be taking a looking at that step then.

18 Finally, Group 5. Tribes were very excited

19 about the possibility of taking a look at the

20 self-regulation regulation.

21 As most of you know, IGRA provides for a Tribe

22 to obtain a self-regulation certificate.

23 Unfortunately, we've only had two tribes that have been

24 able to take advantage of this probation. Tribes are

25 excited about the possibility of taking a look again at

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1 this regulation and seeing if there's a way that we can

2 make it be more of a benefit to Tribes, so Tribes will

3 attain the self-regulation certificate. Dan can be

4 signing more certificates.

5 (Reading) "The sole proprietary interest

6 regulation." Now, this is proposed. We've have

7 individual Tribes come into the Commission and ask for

8 some assistance on this issue, as it relates to their

9 tribe specifically. We've seen it raised nationally

10 and regionally.

11 It's an issue that's out there, and something

12 that we need to take a look at. Whether or not we

13 address it in the form of a regulation, we'll learn

14 more over the course of those consultations and

15 figuring out a way to address that issue in the way

16 that meets the needs of the industry and Tribes. But,

17 again, we'll be taking a look at that then.

18 And what I referred to earlier, the

19 implementation of the Minimum Internal Con- -- I'm not

20 going to call it that. The implementation of whatever

21 solution we come up with to address the Class III

22 issue.

23 So regulations that we heard back from Tribes

24 that did not need to be addressed: the net revenues -

25 allowable uses; the expansion of management contracts,

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1 definition to include percentage-based agreements; and

2 then the disapproval of management contracts. And the

3 explanation for all this stuff is again in the Federal

4 Register so you can kind of see what the thought

5 process was there.

6 (Reading) "Internal Policies." So things that

7 we're going to be looking at internally, that we won't

8 necessarily be talking about over the course of these

9 consultation meetings. We talked about this a little

10 bit earlier this morning.

11 (Reading) "The Tribal Advisory Committee."

12 What do we do with those? For Tribes, we heard

13 unanimously that Tribes were not that fond of the last

14 couple of Tribal Advisory Committees or the process

15 used to select those members, the process used to

16 facilitate those meetings, and that the input that was

17 received wasn't considered. And Tribes just felt like

18 they were unheard.

19 Additionally, Tribes stated unanimously that

20 the Tribal Advisory Committee does not substitute for

21 Tribal consultation. So we're going to take a look at

22 that. We're going to take a look at identify times

23 when we may meet a Tribal Advisory Committee, how

24 selection is made.

25 We've had lots of Tribes make reference to the

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1 Tribal Budget Advisory Committee at the Department of

2 the Interior. There are lots of ways to do this; we

3 just need to come up with a way that works for our

4 agency.

5 (Reading) "Additionally, a communication

6 policy." How do we communicate with Tribes? How do we

7 make sure that we're communicating with all the Tribes?

8 That the information is getting to the Tribal

9 government officials, to the Gaming Commissions, to the

10 agencies and the operations, so that nobody is kind of

11 missing a piece of information.

12 But we definitely need to do our homework and

13 our research internally in figuring out how we can do

14 that, given our technological constraints, and how do

15 we keep up with changes in personnel and all that kind

16 of thing. So those are some issues that we're going to

17 be looking at internally at the same time as we're out

18 on the road doing these consultations.

19 So the process will be this, mostly, hopefully.

20 We're going to make every attempt to put out a

21 preliminary draft that we're going to be working from

22 before we begin the consultations. Circulate those

23 prior to the consultations, if we have them available.

24 And, again, please utilize our website. We're

25 going to be posting everything that we have on the

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1 website. You guys will be able to get it. So even if

2 our database falls apart and we didn't have your

3 e-mail on it or something, then you can find it on the

4 website easily.

5 Again, we'll be making every effort to

6 transcribe the meetings and post those on the website.

7 Additionally, the written comments, as they come in,

8 they'll also be posted on the website.

9 So this was a little bit confusing for people.

10 I know when I first sat down at the commission, I'm

11 like, we have all these color-coded calendars and

12 sheets, and they're looking at me cross-eyed.

13 (Laughter.)

14 Okay. Let's walk through the way that we kind

15 of envisioned this process happening. For example, in

16 June, on the 21st and 22nd, we scheduled a Tribal

17 consultation. Now, this consultation meeting will

18 occur two days before the regional association meeting.

19 One of the things that the Commission was

20 adamant about was we need to schedule our meetings to

21 coincide with other meetings that the Tribes will be at

22 so that we can minimize the cost of this on everybody,

23 not just on the agency, but also on Tribes. We don't

24 want to make you travel twice, so that's why we're

25 holding this meeting today so that we can capitalize on

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1 where Tribal leaders are going to be.

2 So you have a location at the bottom. You have

3 the Group Nos. 1, 2, 3, and 4. Those are the groups

4 that we're going to be talking about during those two

5 days, those groups and regulations. It seems like a

6 lot. So I'll go back to that in a second. The slides

7 are a little bit fuzzy here (referring to the

8 PowerPoint slides).

9 The agency participants, you will have at least

10 one Commissioner, a decision-maker, and appropriate

11 staff. So if we're working on an issue where an audit

12 person -- someone from the audit division needing to be

13 there, then we'll try to have the staff there.

14 We'll utilize our regional staff, like we're

15 doing today. Thank you guys very much.

16 So we minimize the travel -- you know, having

17 someone from DC to do the list and those kind of

18 things.

19 So the agenda for this meeting that I'm talking

20 about, the example meeting, the one in June, at this

21 stage of the game, by the time we get to this point,

22 Group 1, if we're going to have proposed rules, it'll

23 be in that stage.

24 So a Notice of Proposed Rulemaking will have

25 been booked forward, based on the drafting that we had

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1 all done, collaboratively, prior to that. And so we'll

2 be consulting on that Notice of Proposal Rulemaking, if

3 that, in fact, has been issued.

4 Groups 2, 3, and 4 will also be in various

5 stages of the drafting phase. Some will have begun

6 earlier. Some will have begun a little bit longer.

7 But that's sort of the idea. So as we move forward,

8 we have some momentum. We're getting something done.

9 We're issuing Notice of Proposed Rulemaking, and

10 eventually signing the rules at the same time as we're

11 still at the drafting process, perhaps, for others.

12 The agenda will be very similar to what we did

13 this morning. We have a welcome, introduce the

14 regulations, and then we'll have the time for Tribal

15 comments on regulations.

16 I did have a question come up. Someone sent me

17 an e-mail last night, and they're like, "Well, how are

18 you going to do this? Is it going to be line by line?

19 Are you going to have a facilitator? How is this going

20 to work?"

21 Some of this is going to be very technical.

22 There's going to be pages and pages of documents.

23 I think we are really trying to be very flexible.

24 We're going to use whatever means we think might work.

25 If you have some ideas, please suggest them to

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1 us. If we have to break up into work groups, you may

2 do that. If we need a facilitator, we'll do that.

3 So whatever process that we think is going to work the

4 best, particularly for whatever group we're working on,

5 we're going to utilize.

6 But the goal is to make the best -- the most

7 well-informed decisions that protect the industry.

8 Again, every comment received will be reviewed

9 and considered. Any proposed or final rules will

10 include a summary of the comments received, much like

11 the Federal Register notice that you have now.

12 The Commission is committed to a clear and

13 transparent process. So that's where we are. Our

14 first meeting is April 28th. Our first consultation is

15 April 28th at the Oklahoma Tribal -- I think it's after

16 the Oklahoma Tribal Regulators Conference at the

17 Choctaw Casino in Durant, Oklahoma.

18 And then from there, we'll meet in Palm Springs

19 on May 2nd and then in Biloxi, Mississippi on the --

20 I believe it's the 5th. So that is what I have to.

21 CHAIRWOMAN STEVENS: Thank you, Lael.

22 At this time, we are at the Chief of Staff

23 report. Paxton Myers is our Chief of Staff. He, along

24 with the Office of General Council, Larry Robert's

25 office -- the way we're structured, you know, we have

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1 all of these initiatives as a Commission, but they are

2 actually the guys that have to make it happen.

3 Our staff is divided into, basically, two pots.

4 We've got the Commission, and then we have the Office

5 of General Counsel and all the attorneys and legal

6 support staff and then the Chief of Staff who has all

7 the other divisions: Enforcement, Audit, Management

8 Contracts, Training, Congressional Affairs. Everything

9 that's not legal is under Paxton Myers.

10 Really, he carries the load of making sure --

11 outside of the legal staff -- all of these initiatives

12 are moving forward. And on top of it, the day-to-day

13 work of the Commission is being done by staff.

14 So I wanted to incorporate a Chief of Staff

15 report into our regular meetings so that he can tell

16 the Commission more about what his staff's role has

17 been in these initiatives.

18 So, Paxton?

19 MR. MYERS: Good afternoon. Thank you,

20 Chairwoman, for the introduction.

21 I was joking with Dan that he kind of stole

22 some of my thunder, about what I was going to talk

23 about. But we'll let him slide today.

24 I'd like to start off with just a general

25 update on technical assistance and training.

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1 Vice Chairwoman Steffani Cochran did an excellent job

2 of explaining where we are with that. I just wanted to

3 provide us with a few more updates.

4 Myself and Deputy Chief of Staff Dawn Houle,

5 who's not with us today, work closely with the

6 Vice Chairwoman on this initiative. It's very

7 important both to this Commission and we have a

8 statutory requirement to offer technical assistance and

9 training to Tribes.

10 So we're working, basically, on a day-to-day

11 basis, developing a new training internal process.

12 When we came in, there was not a true process on how a

13 Tribe could request training and how that process

14 flowed through our internal operations. So we have

15 developed a training process in our training forum that

16 we're working on now.

17 It's not perfect by any stretch of the means.

18 We're constantly changing. And I think Ken can attest

19 to some of the changes that we're having to go through,

20 but it is a process that we're working on.

21 Through that process, we're able to utilize the

22 survey that was just sent out to Tribal leaders and

23 Tribal Gaming Commissioners and also to Tribal

24 Operations, and we received useful information from

25 that survey.

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1 Through that survey, we're hoping that we will

2 develop a new and improved training catalog. We have a

3 lot of classes that probably were beneficial back in

4 the early days, the early '90s. But as technology and

5 gaming has made leaps and bounds from where we were

6 there, we need to start offering some new and improved

7 classes and maybe some advanced classes for some of

8 those who are just getting gaming. And from that,

9 we'll build on classes and get some more advanced

10 classes.

11 We're also working with Nimish on his training

12 catalog. Most of you know Nimish, and his classes are

13 very sought after. He receives very high remarks, and

14 I want to give a shout out to Nimish and all that he

15 does for the agency and the Commission.

16 He is working with some manufacturers and the

17 Tribal regulators to develop advanced classes. Where

18 he is with his training, he's heard it from Tribes

19 throughout his time with the agency, that they love his

20 classes, and they'd like for him to teach a little bit

21 more, a little bit further.

22 So he's taking that initiative on himself.

23 He's presented it to myself and my Deputy Chief of

24 Staff, and we've approved it and letting him go with

25 that, and I applaud him for taking the initiative to do

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1 that.

2 Moving on now, as Dan had mentioned, we have

3 partnered with the Office of Personnel Management to do

4 an overall review of our agency and our agency

5 operations and how we can improve those and provide

6 better services to the Tribes. Because that's who

7 we're here for. That's who we're working for, to

8 provide the best services we can to Tribes.

9 So we are in the beginning stages with that.

10 This month we hope to get out two focus groups: one

11 with our DC staff, and then one with our regional

12 staff. The way that we're set up, we just have to do

13 it that way. We have regional offices, and then we

14 have our DC staff.

15 But those focus groups will begin, hopefully,

16 this month and which we'll be able to get some great

17 feedback from some people that have worked with the

18 agency for many, many years. So look for that to be

19 rolling out this month.

20 We'll also roll out a survey to all employees.

21 Not to be confused with some of the surveys that are

22 out there now. But this survey will actually solicit

23 information from all employees about what their job

24 duties are; how long they've been with the agency; what

25 they do on a day-to-day basis to help us better analyze

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1 how we can structure our agency to, again, better serve

2 the Tribes. At the end of the day, that's what we're

3 here for is to provide the best service to Tribes.

4 So that's just an overview of that.

5 Dan also related to the budget process. When

6 we came in, that was probably the first task that I was

7 assigned, was to develop a new and improved budget

8 process. So I'm happy to say that we're moving rapidly

9 towards a new process. We will bring in the directors,

10 and they'll have direct input on the budget, which is

11 presented to the Commission.

12 We're working so we can have a more transparent

13 budget process that we, hopefully, will be discussing

14 at the next open meeting that the Commission has. And

15 then, hopefully, we will have the actual budget

16 presentation at the September open meeting.

17 This Commission is all about transparency and

18 all about making our agency run the most efficient and

19 the most effective way that it can. Mr. Green had

20 alluded that we had to raise the fee, and that was

21 something that we debated back and forth for a long

22 period of time.

23 We worked diligently on trying to cut some

24 costs through this budget process, and we'll actually

25 work to streamline some more cost effective measures

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1 with the next budget. But that's very important to

2 this Commission and to my staff, that we are good

3 stewards of the fees that we receive And, hopefully,

4 through this budget process, we will be able to show

5 how those fees are actually used and utilized.

6 Moving down to the policies and procedures.

7 We have implemented several policies and procedures

8 since I came onboard as Chief of Staff in August.

9 It's probably the second thing that the Chairwoman said

10 that I needed to get involved on and get moving. So

11 I'm happy to report that we have initiated several of

12 those. We have several that are in various stages of

13 review, and we should have more of those in the very

14 near future.

15 The biggest one, and the most important one, I

16 think that we did was we implemented an Indian

17 Preference Policy in our hiring. We heard from Indian

18 Country, and we heard loud and clear that that was an

19 important policy that they wanted to see implemented in

20 this agency, and we followed suit with the VIA and IHS

21 and had implemented that.

22 It was very important to this Commission as

23 well. It was one of the main policies that we worked

24 on.

25 We're also developing a total personnel policy

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1 for the agency. We had some policies that were in

2 place; some that weren't in place; and some that needed

3 to be updated. So that is where we are with that. By

4 the end of this, hopefully, by -- my goal is June,

5 we'll see if we can make that mark, that we'll have an

6 actual personnel policy that we can actually hand out

7 to employees when they come onboard.

8 I think it's only fair that a new employee

9 receive a personnel policy so that they'll know what's

10 expected of them and what they expect of their

11 supervisors.

12 And, finally, we had spoke about this earlier,

13 and I just wanted to reemphasize that, pending a

14 government shutdown, we will remain open, and we will

15 still be providing services to Tribes. We are totally

16 funded by Tribal fees, so we're not subject to

17 congressional appropriations. So we will remain open

18 and remain providing services to Tribes and to all the

19 folks that are in this room. Thank you.

20 CHAIRWOMAN STEVENS: Thank you, Paxson.

21 I just wanted, again, to applaud Paxson for the

22 amount of work he does. He doesn't say much. He's got

23 a lot of work. I give him a lot of work. We all give

24 him a lot of work, and he doesn't say "Boo." He

25 doesn't complain. He just keeps trucking along.

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1 So thanks to Paxton for all the work you do and

2 to help us meet our initiations. And thanks to all of

3 your staff.

4 We're on to the new business section of the

5 agenda. We have one issue on the table that's up for

6 adoption. This is the alternative work schedule. I'll

7 ask if we have a motion to approve the alternative work

8 schedule that has been presented to the Commission.

9 COMMISSIONER LITTLE: Madame Chairwoman,

10 I would like to make a motion to approve the

11 alternative work schedule policy.

12 CHAIRWOMAN STEVENS: There's a motion on the

13 table. Do we have a second to adopt the alternative

14 work schedule policy?

15 VICE CHAIRWOMAN COCHRAN: Madame Chairwoman,

16 we need a second.

17 CHAIRWOMAN STEVENS: Okay. So we have a motion

18 on the table. Is there any discussion?

19 COMMISSIONER LITTLE: Madame Chairwoman, I

20 would respectfully request you allow the Chief of Staff

21 to summarize.

22 CHAIRWOMAN STEVENS: Yes, Paxton. If there's

23 no objection, go ahead and proceed.

24 MR. MYERS: Thank you, Madame Chairwoman.

25 Just to summarize to the general public out

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1 there. We're following the president's initiative to

2 provide the best service to the people, and through

3 that, we have alternative work schedule, which will

4 provide alternative work schedules for our employees.

5 This president has put forward a measure

6 initiative on teleworking. This will be part of that

7 process where our employees will have an option to work

8 from home. This is not a day off. They actually have

9 to log in and be accountable for their time.

10 They have to work an eight-hour shift, but

11 they're just at home. That keeps traffic congestion

12 down, and it helps the employee out that they can be at

13 home and not have to come to the office. It helps us

14 out because we're still getting the services from the

15 employee.

16 Part of the other alternative work schedule is

17 a maxi-flex system, where an employee can choose to

18 work a nine-hour day for ten days, I believe, and then

19 the next day, they will be off. So that, again, gives

20 us more time with the employee, where they can actually

21 do their projects and get their projects completed more

22 timely, and we can actually get more things out to the

23 Tribal folks, who we're all working for.

24 There's another gliding scale where the

25 employee has more flexibility, where if they need to

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1 come in at 8:00 one morning, they can come in at 8:00

2 and work until 5:00. Or the next day, they could come

3 in at 10:00 and work until 6:30.

4 Again, giving the flexibility to the employee,

5 making it easier on the employee to come to work and

6 get to work and handle their business. Because we all

7 know they have business that's not just NIGC business

8 that they need to work with.

9 But it gives us time to also get eight hours

10 out of the employee and not have this leaving --

11 "I need to leave early" or "I need to come in late."

12 It gives the employee more flexibility, and it gives us

13 more flexibility to work with the employee.

14 We also have just a basic work schedule, where

15 they'll come and work a set amount of hours, 9:00 to

16 5:30 or 8:00 to 5:00, whatever the employee will work

17 out with their supervisor. So that's basically where

18 we are with the alternative work schedule.

19 I would make a request that we do not have the

20 policy effective until June 6th. That will give me

21 time to work with my supervisors and staff so that we

22 can train the staff on the different options that they

23 have before them and also train the supervisors on what

24 they need to do with their employees when they're on

25 these different work schedules.

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1 CHAIRWOMAN STEVENS: Okay.

2 So do you have any questions?

3 VICE CHAIRWOMAN COCHRAN: I want to make sure I

4 understand. Paxton, this will also allow the staff to

5 accommodate the time zone issues so that we can work

6 with Tribes on the West Coast as well, correct?

7 MR. MYERS: Right. Right, it will allow more

8 flexibility for us in the DC office to be in the office

9 when the majority of our clients are an hour to three

10 hours behind DC time. So that will give us more of an

11 opportunity to be able to give service to those folks

12 on the West Coast.

13 We have altered our directors' schedule where

14 they are coming in at 9:00 and leaving at 5:30.

15 Because, again, the majority of our Tribal clients are

16 one to three hours behind, and the majority of our

17 employees are in the same situation. So this will give

18 us more flexibility.

19 And it will also give us more flexibility if we

20 do have a field investigator or an auditor on the

21 property, that they can actually work past that eight

22 hours and get their job completed quickly and more

23 timely, and then take off a few hours earlier the next

24 day.

25 CHAIRWOMAN STEVENS: Paxton, so just taking off

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1 of your last example, like for a field investigators,

2 people out in the field, the auditors. If they only

3 have two more hours of work to do at a location,

4 instead of having them saying, "I have to quit. It's

5 quitting time," let them stay, and then they can leave.

6 That's just an example.

7 So we're not incurring more cost for them to

8 stay overnight again in a hotel, more travel expenses.

9 They're done rather than incurring the cost for another

10 two hours of work the next day.

11 MR. MYERS: Correct. That way we can, again,

12 be more cost effective in our agency operations and

13 also provide the service to the Tribe.

14 CHAIRWOMAN STEVENS: Also, the current status

15 right now is that we have fixed hours; is that correct?

16 MR. MYERS: Yes.

17 CHAIRWOMAN STEVENS: So we don't have any

18 flexible time for employees. It's, you know, you work

19 this amount of time; you end at this time. Anything

20 above and beyond that has to be worked out. You can

21 get either into overtime or comp time, correct?

22 MR. MYERS: Right. We don't offer our

23 employees any alternative work schedule, other than

24 some employees are allowed to telework one day out of

25 their work schedule. Depending on what their job is

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1 and what their position is, they're allowed to work one

2 day. But other than that, they're on a set schedule.

3 They have to be there -- we have core hours,

4 which are 9:00 to 3:30. Everyone is expected to be

5 there during those core hours. But we have a wide,

6 wide range of when folks come in and out, and this will

7 better serve our employees and serve Tribes.

8 CHAIRWOMAN STEVENS: I could possibly see --

9 and I think that the burden of ensuring that this

10 policy works correctly is -- the burden is going to be

11 on the supervisor. Because not all people are going to

12 qualify to be able to use this policy or some of the

13 options in the policy; is that correct?

14 MR. MYERS: That's correct. It will be based

15 on the supervisor's discretion. But it will also be

16 based on what position they have within the agency.

17 We know, for example, our receptionist needs to

18 be there a set amount of hours, so, you know, a

19 telework day for her or a flexible schedule would not

20 work. But for our field staff, it would be a great

21 bonus for them and for our attorney staff as well.

22 CHAIRWOMAN STEVENS: Okay. But, generally,

23 though, the first priority is to ensure coverage during

24 the core hours and availability for the wide range of

25 Tribes that we serve, correct?

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1 MR. MYERS: Correct.

2 CHAIRWOMAN STEVENS: So not everybody's going

3 to be -- I can see how, from the outside, it may appear

4 that if everybody qualifies for this, we'll never be

5 able to ensure and find out who's going to be here,

6 when the NIGC staff is going to be available.

7 There are measures in place to ensure that the

8 supervisors make sure that adequate coverage is

9 available for the work that they're responsible for and

10 that their staff is responsible for, correct?

11 MR. MYERS: That's correct. And it'll put --

12 not more of a burden, but it'll put more -- my office

13 and the Deputy Chief of Staff's office will have to

14 monitor this and make sure that we have adequate

15 coverage and work with our supervisors to ensure that.

16 That's one of the reasons why we need the

17 June 6th deadline so that I can work with my

18 supervisors and directors to work on the schedules that

19 we're going to lay out for the employees.

20 CHAIRWOMAN STEVENS: Thank you, Paxton.

21 Are there other questions from the Commission?

22 COMMISSIONER LITTLE: I'd like to make a

23 comment. I think two major reasons for doing so. One,

24 obviously, the administration is very supportive of

25 these types of work schedules and teleworking.

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1 The second thing is, what we found is we've got

2 a lot of dedicated employees. Oftentimes, councils or

3 commissioners can only meet in the evening, and our

4 system doesn't allow for them to attend those meetings,

5 so they do it on their own. And they're not being

6 properly compensated.

7 So I think it's something that we should do,

8 and I wholeheartedly support this policy.

9 CHAIRWOMAN STEVENS: Any other discussion or

10 question?

11 So we have a request before the Commission on

12 the adoption of the alternative work schedule. All

13 those in favor of adoption of the alternative work

14 schedule, please say aye.

15 MR. LITTLE: Aye.

16 MS. COCHRAN: Aye.

17 CHAIRWOMAN STEVENS: Aye.

18 Those opposed say no.

19 And so the motion is adopted with an effective

20 date of July 6, 2011.

21 COMMISSIONER LITTLE: June 6th.

22 CHAIRWOMAN STEVENS: June 6th.

23 Okay. So that was our business. What I do

24 want to say before we move on, as we have more of these

25 public meetings, you're going to see more and more

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1 actions from this Commission.

2 We're going to have, possibly, regulations in

3 front of us, the decisions and authorities that are

4 outlined in IGRA that the Commission must agree upon.

5 Regulations are one of them on the agreement of the

6 Commission. Those you'll see moving forward as we put

7 our budget forward. That's another authority the

8 Commission has to adopt budgets.

9 Personnel policies, like this one today, and

10 other decisions that are under our statutory authority.

11 This is just the first one to begin. And as we

12 continue to have these meetings, you're going to see

13 more and more discussion on decisions of the Commission

14 and these public votes.

15 We are at the section of public comment.

16 It's a public comment portion of the agenda, if you've

17 looked at your agenda. This is intended for

18 individuals to make brief statements to the Commission

19 on current issues that are within the jurisdiction of

20 the NIGC. It's not intended to be, unnecessarily, an

21 open forum for debate, but we do want to hear if there

22 are any comments.

23 We may choose to address the issues or not,

24 depending on what the subject matter is. But we would

25 like to listen to concerns that are raised by the

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1 public or attendees here. We had a sign-up sheet at

2 the front desk.

3 If you do have comments that you would like to

4 make at this meeting for consideration by the

5 Commission, please state your name when you address the

6 Commission and speak into the microphone, maybe the

7 organization that you're with for the record before

8 making your statement.

9 The first on our list is Tracy Burris of the

10 Viejas Gaming Commission.

11 MR. BURRIS: Thank you, Madame Chairwoman and

12 Commissioners. My name is Tracy Burris. I'm the

13 Gaming Commissioner of the Viejas Band of Kumeyaay

14 Indians.

15 Really, I wanted to make a comment, but I also

16 had a question -- or at least a comment on one of the

17 slides that was made earlier -- if it's possible to

18 bring it back up -- because I'm concerned about the

19 wording that you put on that survey, if I may.

20 CHAIRWOMAN STEVENS: On the training survey?

21 MR. BURRIS: Training survey, yes.

22 FEMALE SPEAKER: Do you know which slide?

23 MR. BURRIS: Right there, I believe it is.

24 You used the words "Liquidity - an overview."

25 And on the slide that we have, it refers to it as --

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1 I believe it's "Internal Audit - an overview."

2 My question would be to the Commission, at some

3 point, is what's their definition of "liquidity"?

4 Because I do have a concern about what that word means

5 and what it implies.

6 VICE CHAIRWOMAN COCHRAN: That one?

7 MR. BURRIS: This one right here, the "lowest

8 ranked courses."

9 VICE CHAIRWOMAN COCHRAN: Okay. In the current

10 course catalog, those are the actual names of the

11 courses, as they're provided for.

12 So what you're looking at is, there is an audit

13 course that's captioned an overview of Liquidity. And

14 then there is another audit division-offered course

15 that's captured "Internal Audit - an overview." And

16 one of them does focus more on liquidity, and that was

17 amongst the lowest-ranked courses.

18 And that's actually been a source of

19 discussion, as we look at the course catalog, that I've

20 had with the Chief of Staff and the Deputy Chief of

21 Staff when we were looking at the course offerings and

22 the rankings, you know, to see why they were coming in

23 that way, to see what we're offering.

24 We did look at liquidity and bankroll because

25 there was a separate bankroll course. It was

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1 recommended it be combined. It never was, but that was

2 the recommendation.

3 So that's absolutely a subject of discussion as

4 we look at what might be useful. Because liquidity, as

5 you know, is really an industry kind of focused by

6 professional auditors. It's a business-based course.

7 So if you have insights on how we might look at

8 this, I welcome them.

9 MR. BURRIS: Yes, I would. And I will at a

10 later date provide written comment on that because I do

11 have concerns of where it could be misconstrued by

12 someone that's not in the industry and someone not

13 familiar with Indian Country.

14 Now, if this was commercial gaming, I could see

15 where that plays a vital role in terms of meeting

16 certain needs. But for some tribes, it may be an issue

17 with contracts or collateral agreements or anything

18 like that. So I want to be concerned about how this

19 agency would handle that type of definition.

20 At least I would have that concern. I'm not

21 sure if anyone else would, but I would.

22 VICE CHAIRWOMAN COCHRAN: Madame Chairwoman,

23 along those same lines, if I could also say, one of the

24 things that we're very mindful of is we look at each

25 individual course offering, are we staying in our lane?

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1 Is the NIGC staying in our lane? And that's one of the

2 first and foremost questions. So your comments are

3 very well taken.

4 CHAIRWOMAN STEVENS: And if I may, I want to

5 reiterate Vice Chairwoman Cochran's point. That's why

6 we're looking at the catalog. That's why we asked

7 Tribes about it. That's why we're looking at

8 curriculums and asking that very question: What is

9 this? Why are we offering it? Do Tribes even use it?

10 Is this appropriate material?

11 Part of this is sort of scrub we're doing, you

12 know, taking an inventory, so to speak, of what we

13 have, what we offer. What does it mean? Is it

14 relevant? Is it under our authorities? And does this

15 meet our policy objectives as a Commission?

16 MR. BURRIS: And if I may add, that was just a

17 comment. I did have comments, if I could make a few

18 more further ones. I'm going to be real careful here

19 because I always try to do this -- in the house report

20 in 1920, back in September of 1986. It says: (Reading)

21 "President Reagan's Indian policy statement includes

22 the following passage, which should be kept in mind in

23 developing the Federal policy on Indian gaming.

24 "It's important to the concept of

25 self-government that Tribes reduce their dependence on

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1 Federal funds by providing a greater percentage of the

2 cost of their self-government."

3 Having said that, I think it's Congress' intent

4 that Tribes pay their share of this regulatory asset.

5 In doing that, I think the technical training, type of

6 training, type of work by this agency is well

7 justified.

8 And I think that report right there gives

9 credence to that. Not to undermine that need -- and I

10 realize that there will always be input from Tribal

11 leadership on how that's probably being spent

12 correctly, but I think it's extremely important toward

13 the technical assistance training.

14 And I have in the past said this to the

15 previous chairman about three years ago, advocating

16 that there should be a training center built, utilizing

17 these funds and creating a mock casino on the floor, a

18 cash room, a drop floor, surveillance room. You know,

19 every place possible. I think there should be a

20 hearing room.

21 There are things that this agency, in its

22 role -- because, again, in that same report, it says

23 about whether or not there should be a dual agency or a

24 single agency -- Federal agency. It was decided that

25 there would be a dual agency made up of Tribal

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1 regulators and the Federal government. It met that

2 requirement. So I think there's still very much in the

3 house report that there is that.

4 The framers of this statute intended for some

5 of this to occur. I'm sure we're worried about the

6 details, but I think pointing back to training is that

7 it's important to put forth a training facility with

8 the appropriate things that would be utilized by --

9 especially with Tribal regulatory bodies that turnover

10 Commissioners every three- to five-years cycle.

11 And having said that, there won't be a

12 redundance on training in this business. There will be

13 a redundance of keeping everybody current. And I think

14 that if we take credibility from the agency that's

15 directed by the Federal government to do this, then it

16 gives a lot of credence to the Tribal agencies and

17 people being certified, if you will.

18 So I think it's the same thing as -- I remember

19 this because I was just in the National Judicial

20 College in Reno, Nevada, for a week's training, trying

21 to do this. And from that experience eight years

22 ago -- eight or nine years ago, I think it's a great

23 platform that should still be used.

24 It may be a little bit ahead of its time, but

25 now is a good time to bring it forward and try to move

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1 forward on creating a training center that could be

2 centrally relocated. I'm sure, being from Oklahoma,

3 Oklahoma would love it being there.

4 But I think it's something that should be

5 considered because midway in the country, when you have

6 a training center and an auditorium that can seat 3- to

7 600 or 600 to 1,000, it would be a great meeting place

8 for regulators from the Federal agency to get the

9 information all at the same time.

10 And I understand the concern about travel and

11 all that. But I think it's important to give

12 credibility to your agency. I've said it before and

13 said it at the Grand Hotel back the first of the year.

14 It's important that we give the credibility. It's

15 important because when you have half credibility --

16 this agency does, then we all have credibility.

17 We can work hand-in-hand, because that was the

18 intent of Congress back in '86 when it had the hearings

19 on this matter. So I think it's something that we try

20 to move forward on, you know, obviously how to figure

21 out how to -- this is being part of the solution and

22 not part of the problem.

23 And there will be those that would object to

24 it, but I think the agencies should take on that role

25 and should be the leader in that. And there will be

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1 other things that will filter down to more smaller

2 classes for the IT, for the lower areas of smaller

3 class of 50 or 60 or whatever. But there are things

4 that can be greater in numbers for meetings, going to

5 offer this as a -- if we're going to be regulators, we

6 can do it as a whole. We need to, collectively.

7 If we want to go down different avenues -- this

8 highway that we're on, then we're going to run into a

9 little bit of conflict, and we often do because

10 everyone's going to have a different interpretation

11 that will apply.

12 Maybe this gives this agency an ideal -- a

13 bigger level thing, getting the word one or two times a

14 year, saying "This is what we believe and this is what

15 we'd like to see. This is what we'd like to

16 accomplish."

17 Those are my comments. Thank you very much.

18 CHAIRWOMAN STEVENS: Thank you, Tracy.

19 Next on the list for public comment is

20 John Magee from the Pechanga Tribe.

21 MR. MAGEE: John Magee, Pechanga Gaming

22 Commission for the Pechanga Tribe, Temecula,

23 California.

24 Actually, I just put my name on the list as

25 kind of a placeholder, not knowing what was going to

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1 come out of discussion today. And, quite frankly, I

2 don't have any questions, no comments.

3 Although, the only comment that I'll issue is

4 that it was good to hear a direction the Commission is

5 heading in the next coming few months and the next

6 year. That was good to hear. Thank you.

7 CHAIRWOMAN STEVENS: Thank you. We'll take

8 compliments too in public comment.

9 (Laughter.)

10 CHAIRWOMAN STEVENS: So Jess, if you want to

11 back on the record.

12 (Laughter.)

13 MR. GREEN: You got your one for the year.

14 (Laughter.)

15 CHAIRWOMAN STEVENS: You've had your limit.

16 You'll get no more.

17 Next on the list is Cheryl Andrews-Maltais.

18 MS. ANDREWS-MALTAIS: Thank you again. My name

19 is Cheryl Andrews-Maltais, and I'm the Chairwoman of

20 the Wampanoag Tribe of Gay Head (Aquinnah).

21 I would like to thank you on the record for all

22 the work that you've done and that the Commission and

23 staff have put into all the initiatives so far. It's

24 really exciting and optimistic looking at these

25 upcoming years. So thank you and congratulations on

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1 the successes.

2 I'd like to just note that -- I'm probably

3 going to read instead of just winging it because I want

4 to make sure I get the points that I need to.

5 In these challenging economic times, the Tribes

6 and agencies really have to begin to truly think

7 outside the box. So that this way, we're able to

8 maximize the resources and end the needless delays,

9 redundancies of the work effort, and duplication of

10 work inflow.

11 To that end, I'd like to see if the NIGC would

12 support the following concepts while reviewing your

13 internal policies and issues.

14 One is to specifically encourage and support

15 more Tribal partnerships of established Tribes that are

16 currently effectively performing their gaming

17 responsibilities and their gaming initiatives and

18 partnering them with the non-gaming Tribes that are

19 looking to get into this venue.

20 Because what we're finding is that the gaming

21 Tribes can provide a lot more guidance than non-gaming

22 Tribes. And I think that that would also help because

23 it will allow the Commissioners to adopt the approved

24 ordinances that already have been vetted and have been

25 able to be adopted and implemented so that, again, it's

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1 not duplicating any work efforts.

2 And if the Tribes agree, the newly gaming

3 Tribes agree to the established gaming Tribal partner's

4 ordinances, that may help to facilitate a more quick

5 response and turn around.

6 It would also create an expedited process to

7 assist the new Tribal partnership in achieving the

8 intent of IGRA, since the ordinances and management

9 contracts have already been approved. And if they were

10 requested by the Tribes to do site visits so that the

11 Commissioners would actually be able to have a

12 reference point for the challenges that the Tribes are

13 facing.

14 I don't know if that's currently in practice or

15 something that's allowable, but I think in a lot of

16 instances, particularly in remote Tribes, often what's

17 on paper doesn't truly communicate the true situation.

18 I think that if Tribes were requesting the

19 Commissioners to come out to truly get a clear sense

20 and to fully evaluate their situation, I think that

21 that would be helpful.

22 I think also if the Commissioners are able to

23 provide an enabling guidance so Tribes can better meet

24 the IGRA and NIGC rules and regulations. A lot of time

25 the agencies and the commissions -- it's almost like

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1 they're set up to be established to just be regulatory

2 oversight. It's almost like the Tribes are expected to

3 walk blindly into it, hit a barrier, bounce back, and

4 navigate their own way.

5 And I think that if we're taking a different

6 perspective on being more cooperative, the agency and

7 the Commission can do that and provide a more

8 encouragement type of guidance and how to get it done

9 versus, no, you can't do that. That might be an easier

10 remedy for some of the situations.

11 And helping to find the Tribes find a remedy to

12 whatever challenges their particular situation may

13 illuminate while you're going through the process of

14 obtaining self-sufficiency underneath Gaming.

15 And, again, to the gaming courses, I didn't

16 respond back to the survey, and that was on my part.

17 I probably didn't read it close enough. Because when I

18 see things coming through from the agency that we're

19 particularly not currently participating, I'll set that

20 aside because we have some many things.

21 And if you did put "To Gaming Tribes and

22 Non-Gaming Tribes," alike somewhere in the banner or

23 the poster, I apologize for not reading it. But it

24 wasn't there, maybe that might help to make sure that,

25 even the Tribes that are not currently gaming, do

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1 respond to these surveys that went out. Because it is

2 important that you get feedback on a broader base, and,

3 unfortunately, I didn't read it well enough.

4 CHAIRWOMAN STEVENS: Okay.

5 MS. ANDREWS-MALTAIS: And the other thing is,

6 is that if you are designing or considering a pilot

7 program or any suggestions about how to work the

8 internal office better or improve it, I'd be happy to

9 sign up.

10 We've got a challenging situation, and we do

11 know that because our situation is so challenging, that

12 if those rules can be meant for us, most of the Tribes

13 will be able to meet and exceed whatever

14 recommendations will be put forth because we're in a

15 tough place. We want to try to make it worthwhile for

16 the Tribes. Thank you.

17 CHAIRWOMAN STEVENS: Thank you, Chairwoman, for

18 your good words.

19 Those are the only individuals that were listed

20 for public comment. I will open the floor if there's

21 anyone who would like to -- you know, now that we've

22 heard how the meeting has gone -- provide some public

23 comment.

24 If not, I do want to say that we'll have

25 another public meeting in July, in Washington, DC.

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1 The date is to be determined. We know that there are a

2 number of tribes that will be coming through DC at that

3 time. Because this was our first one out of the chute,

4 we will be scheduling these further out so that Tribes

5 can plan to attend. We can plan to roll out decisions

6 in a public meeting.

7 And, again, this was our effort to sort of draw

8 the curtain back on the agency so that Tribes who fund

9 us can see the internal workings of NIGC. And also to

10 give recognition to all the work that we do and that

11 our staff does.

12 I'm not sure the Tribes realize how many people

13 we actually have that do a lot of hard work, you know,

14 from here in the region all the way back into the

15 office at DC. And sort of pull the curtain back and

16 allow everybody a good look to see how we conduct our

17 business and why we conduct our business the way that

18 we do.

19 So with that, we'll go ahead and adjourn this

20 meeting -- I'm going to turn it over to

21 Commissioner Little.

22 COMMISSIONER LITTLE: We having a lot of

23 consultation coming up here, and we do have a process

24 online where you can register. So please take

25 advantage of that, if possible. It's very helpful to

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1 have folks pre-register.

2 And also during our July public meeting,

3 obviously, we're very cognizance of tribal and

4 expenses, so we're going to coordinate that when NITA

5 and C-NITA do legislative days in DC, so we'll try to

6 piggyback them on one of those events.

7 Thank you everyone. I'll turn it back over to

8 the Chair.

9 MR. GREEN: I have a point to make. Will you

10 pick the front or the back date? Because if we start

11 making our reservations for our lodging, it's really

12 important that we know that you're going to pick the

13 front or the back date.

14 CHAIRWOMAN STEVENS: Well, I think the location

15 is to be determined at this point. I'm hearing from

16 Lael that we're having some trouble finding a time

17 during C-NITA and NITA. I am just now hearing this.

18 MS. ECHO-HAWK: Well, we got some dates from

19 C-NITA and NITA for their legislature in the

20 summertime. We had scheduled on the back end of that,

21 on the Thursday and Friday, a consultation.

22 Now, the first three dates are likely going to

23 be the C-NITA and NITA meetings, and we certainly don't

24 want to interfere with those. So while I do think

25 we're planning on meeting in July, we also have two

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1 other locations that we will be at. So it may be at

2 any one of those locations.

3 But our concern has been not to -- you know, to

4 be respectful of Tribal leaders' time, and we know that

5 you want to be in the Legislative Summit. So it just

6 may not work out to where we're able to find a half a

7 day to set aside, where we can have this meeting in DC

8 at that time. We're working on it, but we want to be

9 respectful of everybody's time.

10 CHAIRWOMAN STEVENS: We'll give you plenty of

11 advance notice once we determine where is the best

12 place, that doesn't intrude on an already established

13 event. That's something we've been trying to do.

14 That's why you see a consultation schedule that goes

15 out almost 12 months. So you all know where we're

16 going to be, and if you'd like to join us, you can and

17 make plans that aren't going to be too expensive

18 because it's last minute.

19 So with that, I'd like to adjourn this meeting,

20 and we'll reconvene in July for our next public

21 meeting. Thank you all for attending and safe travels

22 to you all.

23 (The meeting was adjourned at 3:35 p.m.)

24 * * * * *

25

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1 STATE OF ARIZONA )

 ) ss.

2 COUNTY OF MARICOPA )

3

4 BE IT KNOWN that the foregoing deposition

5 was taken before me, CINDY BACHMAN, Certified Reporter

6 No. 50763, in and for the State of Arizona; that the

7 witness before testifying was duly sworn by me to

8 testify the whole truth; that the questions propounded

9 to the witness and the answers of the witness thereto

10 were taken down by the Voice Writing method and

11 thereafter translated into text via speech recognition

12 under my direction; that the transcript was available

13 to read and sign; that the foregoing pages are a true

14 and correct transcript of all proceedings had upon the

15 taking of said deposition, all done to the best of my

16 skill and ability.

17 I FURTHER CERTIFY that I am in no way

18 related to any of the parties hereto nor am I in any

19 way interested in the outcome hereof.

20 DATED at Tempe, Arizona, this 20th day of

21 April, 2011.

22

23 __________________________

24 Cindy Bachman, CR

25 Certified Reporter No. 50763

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1

1 27:17,19 28:13

34:3,22

1,000 59:7

10 29:11

10:00 46:3

12 68:15

123 11:11

12866 22:19

12:00 6:17

13175 25:7

15 29:11

18 17:9 23:2

18th 22:20

1920 56:20

1986 56:20

1988 17:10

1st 22:5

2

2 19:21 34:3 35:4

2010 23:2

2011 1:3 2:2 3:7

6:14,16 22:20 51:20

69:21

2013 19:14

20th 69:20

21st 33:16

22nd 33:16

255 11:9

28th 36:14,15

2:04 1:3 2:3 3:1

2nd 36:19

3

3 28:13 29:1,6 34:3

35:4 59:6

31 6:16

3:30 49:4

3:35 68:23

4

4 29:8 34:3 35:4

45 26:11,13

48 11:15

5

5 27:17 28:8,10

29:18

50 2:4 60:3

50763 1:11 69:6,25

514 27:11

523 27:6

547 29:3

559 27:12

596 11:7

5:00 46:2,16

5:30 46:16 47:14

5th 36:20

6

6 51:20

60 25:14,24,25 60:3

600 59:7,7

6:30 46:3

6th 46:20 50:17

51:21,22

7

7 1:3 2:2 3:7

70 23:14

75 18:23

8

86 59:18

8th 6:14

9

90s 39:4

93 17:11

94 17:11

9:00 6:17 46:15

47:14 49:4

a

a.m. 6:17

ability 10:11 69:16

able 19:9 28:11,16

29:24 33:1 38:21

40:16 42:4 47:11

49:12 50:5 62:7,25

63:11,22 65:13 68:6

absolutely 12:16

55:3

accommodate 47:5

accomplish 60:16

accountable 45:9

accountants 23:16

achieve 7:23

achieving 63:7

acknowledge 8:16

act 17:10 22:18,22

27:6

actions 52:1

activities 5:12 8:17

9:17,23 10:1,3,5

15:15,18 16:3

actual 3:11 4:12

19:19 41:15 43:6

54:10

adamant 33:20

adams 2:4

add 56:16

addition 15:13

26:15

additional 9:2,4

additionally 22:19

25:9 26:5 31:19

32:5 33:7

address 3:13 5:13

6:2,6 28:6,17 30:13

30:15,21 52:23 53:5

addressed 27:16

30:24

addresses 26:22

adequate 50:8,14

adjourn 66:19 68:19

adjourned 68:23

administration

50:24

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adopt 44:13 52:8

62:23

adopted 21:5 29:3

51:19 62:25

adoption 44:6 51:12

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advance 68:11

advanced 13:12,13

14:13 39:7,9,17

advantage 29:24

66:25

advisory 31:11,14

31:20,23 32:1

advocating 57:15

affairs 37:8

afternoon 3:3 4:6,11

4:18 22:8 37:19

agencies 16:7 17:14

20:3,18 22:23 25:11

32:10 58:16 59:24

62:6 63:25

agency 4:13 5:23 8:4

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12:3 16:13,23,24

17:1,6,9,16,20 18:1

18:5,10,14,16,20,24

19:16,16,19 22:14

25:3,8 26:25 28:3

32:4 33:23 34:9

39:15,19 40:4,4,18

40:24 41:1,18 42:20

43:1 48:12 49:16

55:19 57:6,21,23,24

57:24,25 58:14 59:8

59:12,16 60:12 64:6

64:18 66:8

agenda 3:25 5:11,13

5:18,25 19:11 22:4

24:5 34:19 35:12

44:5 52:16,17

ago 3:21 21:6 29:5

57:15 58:22,22

agree 7:22 52:4 63:2

63:3

agreement 26:8 52:5

agreements 29:13

31:1 55:17

ahead 5:16 44:23

58:24 66:19

align 14:1

[1 - align] Page 1

Veritext/NJ Reporting Company

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allow 14:21 44:20

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allowable 30:25

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45:16 46:18 48:23

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amendments 8:19

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andrews 61:17,18

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anepa 13:19

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apart 33:2

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appear 24:20 25:22

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applaud 39:25

43:21

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56:10 58:8

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approve 44:7,10

approved 39:24

62:23 63:9

approximately

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april 1:3 2:2 3:7

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aquinnah 61:20

areas 15:8 19:15

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arizona 1:2 2:4,5,6

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asked 11:16 27:21

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asking 25:18 27:19

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asset 57:4

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assist 8:9 63:7

assistance 5:22 7:12

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8:20 9:3,6,10 10:2

15:19 17:6 30:8

37:25 38:8 57:13

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associate 2:12 16:12

association 15:25

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attempt 32:20

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attendance 9:14

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12:8,25

attendees 3:9 53:1

attending 9:15,15

9:16 68:21

attest 38:18

attorney 2:15 49:21

attorneys 37:5

audit 12:20 14:15

34:11,12 37:7 54:1

54:12,14,15

auditor 47:20

auditorium 59:6

auditors 48:2 55:6

audits 9:21 13:17

august 42:8

authorities 52:3

56:14

authority 27:23,25

52:7,10

authorized 21:20

availability 49:24

available 14:18,24

15:23 32:23 50:6,9

69:12

avenues 60:7

awareness 11:24

aye 51:14,15,16,17

b

bachman 1:10 2:4

69:5,24

back 4:1 30:23 34:6

39:3 41:21 53:18

56:20 58:6 59:13,18

61:11 64:3,16 66:8

66:14,15 67:7,10,13

67:20

backfill 21:16

backgrounds 29:8

band 53:13

bankroll 54:24,25

banner 64:22

barrier 64:3

barriers 11:22,23,25

12:4,5 14:11

base 65:2

based 11:20 24:18

26:25 31:1 34:25

49:14,16 55:6

basic 13:20 46:14

basically 37:3 38:10

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basics 13:19

basis 4:24 5:3 38:11

40:25

beginning 24:24

40:9

begun 18:4 35:5,6

behalf 11:2,3

believe 6:21 8:6,10

8:14 9:5 14:24

36:20 45:18 53:23

54:1 60:14

beneficial 39:3

benefit 30:2

best 12:12 36:4,6

40:8 41:3 45:2

68:11 69:15

better 12:7,8,15

17:1 18:9 40:6,25

41:1 49:7 63:23

65:8

beyond 48:20

bigger 6:20 60:13

biggest 42:15

biloxi 36:19

bit 26:9 31:10 33:9

34:7 35:6 39:20,21

58:24 60:9

blindly 64:3

bodies 58:9

bolster 15:8

bonus 49:21

boo 43:24

book 21:21

booked 34:25

bore 22:10

boring 22:12

bottom 34:2

bounce 64:3

bounds 39:5

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break 36:1

brief 52:18

bring 4:25 41:9

53:18 58:25

bringing 12:9

broader 65:2

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[alike - brought] Page 2

Veritext/NJ Reporting Company

800-227-8440 973-410-4040
budget 10:10 14:20

18:12,24 19:7,10,18

19:23 32:1 41:5,7

41:10,13,15,24 42:1

42:4 52:7

budgeting 19:2

budgets 10:7 52:8

build 39:9

building 5:22 6:3

built 57:16

burden 49:9,10

50:12

burris 53:9,11,12,21

53:23 54:7 55:9

56:16

business 3:12,22

4:23 5:9,16 20:11

44:4 46:6,7,7 51:23

55:6 58:12 66:17,17

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c

c 67:5,17,19,23

calendars 33:11

california 60:23

call 3:5 22:11 30:20

capital 18:23

capitalize 33:25

capitalizing 19:5

captioned 54:13

captured 54:15

careful 24:21 56:18

carefully 16:5 19:22

carries 37:10

cases 12:9

cash 57:18

casino 36:17 57:17

catalog 15:3,13,14

39:2,12 54:10,19

56:6

caution 19:22

center 57:16 59:1,6

centrally 59:2

certain 12:14 55:16

certainly 12:15

15:20 67:23

certificate 29:22

30:3

certificates 30:4

certified 1:11 2:5

58:17 69:5,25

certify 69:17

chair 4:4 21:25 67:8

chairman 57:15

chairwoman 2:10

2:11,14 3:3 4:6,7

5:6 6:4 7:11,15

15:11 16:10,11,17

20:23 21:9,12,24

36:21 37:20 38:1,6

42:9 43:20 44:9,12

44:15,15,17,19,22

44:24 47:1,3,25

48:14,17 49:8,22

50:2,20 51:9,17,22

53:11,20 54:6,9

55:22,22 56:4,5

60:18 61:7,10,15,19

65:4,17,17 67:14

68:10

challenges 63:12

64:12

challenging 62:5

65:10,11

changes 32:15 38:19

changing 38:18

charts 17:18

cheryl 61:17,19

chief 2:13 36:22,23

37:6,14 38:4 39:23

42:8 44:20 50:13

54:20,20

choctaw 16:1 36:17

choose 45:17 52:23

chute 66:3

cindy 1:10 2:4 69:5

69:24

circulate 32:22

city 15:22

clarify 27:15

class 27:13,16,20,22

27:23 28:1,4,13

29:2,4 30:21 60:3

classes 39:3,7,7,9,10

39:12,17,20 60:2

clear 13:8 36:12

42:18 63:19

clearly 8:13 12:19

13:15

clients 47:9,15

close 6:15 18:23

64:17

closed 23:10

closely 38:5

coast 47:6,12

cochran 2:11 4:4,6,7

6:5 7:11,15 38:1

44:15 47:3 51:16

54:6,9 55:22

cochran's 56:5

code 20:15

coded 33:11

cognizance 67:3

coincide 33:21

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collateral 29:13

55:17

collectively 60:6

college 58:20

color 33:11

coma 22:9

combine 22:22

combined 55:1

come 8:25 16:7

18:21,22 22:25 26:8

28:2,12,17 29:15

30:7,21 32:3 33:7

35:16 43:7 45:13

46:1,1,2,5,11,15

49:6 61:1 63:19

coming 20:13 25:18

47:14 54:22 61:5

64:18 66:2,23

commenced 3:1

commencing 2:3

comment 5:10,14,15

6:15 23:10,14,15,22

23:22 25:24,25

26:11,13 36:8 50:23

52:15,16 53:15,16

55:10 56:17 60:19

61:3,8 65:20,23

commenting 6:24

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23:23 24:4,18 26:16

27:1,8 33:7 35:15

36:10 52:22 53:3

56:2,17 60:17 61:2

commercial 55:14

commission 1:1,1

2:1,2 3:6,12,15,17

3:23,23 4:8 5:12,17

5:20 6:6 7:14 8:2,15

16:18,22 18:9,20

19:25 20:2,14 21:2

21:15 22:15 24:13

28:21 30:7 33:10,19

36:12 37:1,4,13,16

38:7 39:15 41:11,14

41:17 42:2,22 44:8

50:21 51:11 52:1,4

52:6,8,13,18 53:5,6

53:10 54:2 56:15

60:22 61:4,22 64:7

commissioner 2:12

4:17,18 16:13,16

21:1,4,8,10,23

34:10 44:9,19 50:22

51:21 53:13 66:21

66:22

commissioners 4:2

7:15,21 14:3,4

23:23 38:23 51:3

53:12 58:10 62:23

63:11,19,22

commissions 3:20

11:8 20:3 32:9

[budget - commissions] Page 3

Veritext/NJ Reporting Company

800-227-8440 973-410-4040
63:25

committed 36:12

committee 2:8 31:11

31:20,23 32:1

committees 31:14

communicate 32:6

63:17

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communication

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comp 20:15 48:21

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21:21

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45:21 47:22

compliance 8:25

9:21 28:23

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59:10 68:3

concerned 10:4

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55:11

conduct 3:22 5:9

66:16,17

conference 15:25

36:16

conflict 60:9

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65:6

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66:23 67:21 68:14

consultations 4:15

6:8 23:11,20 25:17

26:14 30:14 32:18

32:22,23

consulting 35:2

continue 5:16 52:12

continued 6:9

contract 29:12

contracts 30:25 31:2

37:8 55:17 63:9

control 12:16 27:13

conversation 22:6

cooperation 8:5

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coordinate 67:4

coordination 9:18

9:22

copies 6:21

core 49:3,5,24

correct 17:12 47:6

48:11,15,21 49:13

49:14,25 50:1,10,11

69:14

correctly 49:10

57:12

cost 18:22 19:19

33:22 41:25 48:7,9

48:12 57:2

costs 41:24

council 36:24

councilor 2:14

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counselor 21:25

country 5:1 13:7

16:9 42:18 55:13

59:5

county 69:2

couple 19:8 21:6

29:4 31:14

course 3:12 11:4

13:1,16,17 15:3

18:19 24:12 25:15

28:15 30:14 31:8

54:10,13,14,19,21

54:25 55:6,25

courses 12:20,22,23

12:24 13:11,12,13

13:14,19,25 14:14

14:14,16 15:3,4

54:8,11,17 64:15

court 2:5

coverage 49:23 50:8

50:15

covers 27:3

cr 69:24

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current 12:18 13:10

15:15 20:10 21:16

29:2 48:14 52:19

54:9 58:13

currently 9:20

10:15 11:19 13:12

62:16 63:14 64:19

64:25

curricular 13:10

curriculums 56:8

curtain 66:8,15

cut 41:23

cuts 10:10

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d

daily 5:3

dan 16:13 30:3

37:21 40:2 41:5

daniel 2:12

database 33:2

date 51:20 55:10

66:1 67:10,13

dated 69:20

dates 67:18,22

dawn 38:4

day 25:14,24,25

26:11,13 37:12,12

38:10,10 40:25,25

41:2 45:8,18,19

46:2 47:24 48:10,24

49:2,19 68:7 69:20

days 33:18 34:5

39:4 45:18 67:5

dc 19:12 34:17

40:11,14 47:8,10

65:25 66:2,15 67:5

68:7

deadline 50:17

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52:10,13 66:5

decrease 8:25

decreased 12:21

dedicated 17:23

51:2

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definition 31:1 54:3

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[commissions - definition] Page 4

Veritext/NJ Reporting Company

800-227-8440 973-410-4040
definitions 29:13,14

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demand 12:21 13:18

15:4,5

department 6:12

32:1

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42:25 56:23

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10:25 26:18 46:22

46:25 60:7,10 64:5

diligently 41:23

direct 12:3 41:10

directed 58:15

direction 15:20 61:4

69:12

directive 4:21

directly 10:21

directors 41:9 47:13

50:18

disapproval 31:2

discipline 21:9,10

discretion 49:15

discuss 6:8 7:11

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discussion 28:4

44:18 51:9 52:13

54:19 55:3 61:1

distance 11:24 12:6

14:20

distinct 13:5

divided 26:15,17

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division 34:12 54:14

divisions 9:19,20,22

19:3 37:7

documents 35:22

doing 4:19 7:13

15:23 16:2 17:3,22

18:25 22:14 24:11

29:6 32:18 34:15

50:23 56:11 57:5

dollar 18:15

dollars 18:18

draft 6:13,22 32:21

drafting 25:14

34:25 35:5,11

drafts 29:2

draw 66:7

dress 20:15

drop 57:18

dual 57:23,25

due 28:21

duly 69:7

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62:9

durant 36:17

duties 40:24

e

e 33:3 35:17

earlier 13:22 14:12

20:1 30:18 31:10

35:6 43:12 47:23

53:17

early 39:4,4 46:11

easier 46:5 64:9

easily 33:4

east 2:4

echo 2:14 22:1,7,8

67:18

economic 62:5

edits 6:18

eeo 21:12

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46:20 48:12 51:19

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efficiency 16:24

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effort 16:25 20:5

21:21 33:5 62:9

66:7

efforts 8:9 9:12 63:1

eight 23:11,20 45:10

46:9 47:21 58:21,22

either 20:18 48:21

elephant 27:20

28:17

eligibility 13:20

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emphasize 24:4

employee 18:7 43:8

45:12,15,17,20,25

46:4,5,10,12,13,16

employees 17:21,23

20:8 40:20,23 43:7

45:4,7 46:24 47:17

48:18,23,24 49:7

50:19 51:2

empt 8:24

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62:14

encouragement

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energy 26:24

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28:20,24 37:7

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20:5 49:23 50:5,7

50:15

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63:3 64:1 68:12

ethics 20:16

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event 68:13

events 67:6

eventually 35:10

everybody 4:19 5:7

21:13 33:22 50:4

58:13 66:16

everybody's 50:2

68:9

everyone's 60:10

example 12:25 28:5

33:15 34:20 48:1,6

49:17

exceed 65:13

excellent 38:1

excited 29:18,25

exciting 61:24

excuse 15:25

executive 14:23

22:19,20,21 25:6

[definitions - executive] Page 5

Veritext/NJ Reporting Company

800-227-8440 973-410-4040
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existing 27:7

expansion 30:25

expect 43:10

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49:4 64:2

expedited 63:6

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facilitator 35:19

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24:15 25:21 35:3

fair 43:8

fall 25:6

falls 33:2

familiar 9:19 55:13

far 7:1 19:18 61:23

fast 26:4

favor 51:13

february 11:7 23:10

federal 16:7 17:13

18:17 20:2,7,17

27:4 28:9 31:3

36:11 56:23 57:1,24

58:1,15 59:8

fee 27:11 41:20

feedback 11:12,18

12:13 40:17 65:2

fees 42:3,5 43:16

felt 31:17

female 53:22

field 47:20 48:1,2

49:20

figure 16:5 24:25

59:20

figuring 30:15 32:13

filter 60:1

final 19:24 24:22

26:10,12 36:9

finalize 7:8

finally 15:7 23:8

26:8 29:18 43:12

find 15:19 22:11

33:3 50:5 64:11,11

68:6

finding 62:20 67:16

firmly 8:6,10

first 5:18 6:2 7:5

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36:14,14 41:6 49:23

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