1 NATIONAL INDIAN GAMING COMMISSION

2 PUBLIC MEETING AGENDA

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6 REPORTER'S TRANSCRIPT OF PROCEEDINGS

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9 JANUARY 25, 2012

 2:08 P.M.

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 HELD AT:

13 Seminole Hard Rock Hotel & Casino

 1 Seminole Way

14 Hollywood, Florida

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19 Reported by: Elizabeth Cordoba, RPR

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Job No: NJ371981

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1 APPEARANCES:

2 NATIONAL INDIAN GAMING COMMISSION,

3 TRACIE STEVENS, Chairwoman

STEFFANI COCHRAN, Vice-Chairwoman

4 DANIEL LITTLE, Commissioner

LARRY ROBERTS, General Counsel

5 PAXTON MYERS, Chief of Staff

MICHAEL HOENIG, Senior Attorney

6 CINDY ALTIMUS, Region Director

KEITH HICKS, Compliance Officer

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1 (Thereupon, the following proceedings were

2 had:)

3 CHAIRWOMAN STEVENS: Good afternoon, for those

4 of you who are attending. This is NIGC Seminole

5 Florida. This is the third public meeting of this

6 Commission. This Commission has determined that we

7 would begin and return to doing public meetings out

8 in the field to allow the public and tribes to good

9 business of the agency and to make comments with

10 regard to that business.

11 So, with that, I do want to give

12 Vice-Chairwoman Steffani Cochran and Associate

13 Commissioner Dan Little an opportunity to speak.

14 COMMISSIONER LITTLE: Good afternoon, everyone.

15 Thanks for coming today. Like the Chairwoman said,

16 this is our I think our third or fourth public

17 meeting that we are having to provide transparency to

18 the work that we do, but also an opportunity for the

19 public. So I want to welcome everybody here today

20 and hear your thoughts, so thank you.

21 VICE-CHAIRWOMAN COCHRAN: Good afternoon. My

22 name is Steffani Cochran and I am Vice-Chairwoman of

23 the National Gaming Commission. And also I would

24 like to welcome you to our public meeting and I look

25 forward to hearing your reports from the office. And

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1 I look forward to wrapping up some business that we

2 need to take care of before the general public, so

3 thank you for coming and joining us today.

4 CHAIRWOMAN STEVENS: Thank you, Steffani and

5 Dan. We have embarked on a number of initiatives

6 when this Commission was together last July, we

7 identified four areas of focus, consultation and

8 relationship building, technical assistance and

9 training, regulatory review, which we were here

10 earlier to consult, and then finally agency

11 operations, which is sort of the look into the agency

12 and organizing and streamlining the agency. So those

13 are our major initiatives and that is much of what we

14 will be talking about today.

15 When we first came in the office, we heard a

16 lot, I had heard previously that tribes want to know

17 more about how the agency was operating internally,

18 you know, what processes were followed, budgets, how

19 we came to some of our determinations. So this is

20 the way of sort of pulling that curtain back and

21 sharing with everyone how this agency conducts its

22 business.

23 So going through our agenda, we will be on Item

24 2, the Chief of Staff Report. I do want to remind

25 everybody that what we will be doing is getting

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1 reports from our staff, covering major initiatives,

2 the major initiatives that I have outlined, the Chief

3 of Staff and also the General Counsel. Then we will

4 move on. And that part is just so the business they

5 are going to report to us.

6 And we will have an opportunity for public

7 comment, if anybody would like to make comments later

8 at the end of the agenda. So this will not be a

9 participation part of the meeting. That part will

10 come later on in the agenda.

11 So, with that, we will turn it over to Paxton

12 Myers, who is your Chief of Staff, to give us a

13 report on technical training and technical

14 assistance, agency operations and other business.

15 So, Paxton.

16 PAXTON MYERS: Thank you, Chairwoman.

17 My name is Paxton Myers, Chief of Staff,

18 National Gaming Commission. I would like to report

19 today on a few items. Federal assistance in

20 training, just a few statistics that we are working

21 on with the training division. For FY 2011 we

22 completed 659 total training hours. We had 2,309

23 participants and we hosted 83 different trainings.

24 The number of tribes attending those trainings was

25 209.

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1 So far in 2012, the first quarter, we have had

2 154 training hours, 285 participants, 18 trainings

3 and 46 tribes have attended those trainings.

4 Some of the challenges that we are faced with

5 when we are doing our training is just a mixed level

6 of experience with the audience. We have some tribes

7 that are more sophisticated than other tribes. Some

8 tribes that have gaming commissions that have been in

9 place for many, many, many years, some that turn over

10 as soon as the tribal counsels are sworn in. So that

11 is one challenge that we are having that we are

12 facing.

13 And another challenge we have heard from tribes

14 was the additional cost for attending our trainings.

15 As you know, we have some tribes located in remote

16 areas. It is hard to get to an airport and even

17 harder to get out, training costs, and everyone's

18 scrutinizing their budgets for these hard times we

19 are having now. So that is still one of the glaring

20 issues that we are doing.

21 But, to address that, we are trying to reach

22 out to those tribes that might not be located in

23 rural areas and hosting either regional training in

24 that area or site-specific training for those tribes.

25 It is a lot easier for us to get there as opposed to

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1 try to get a full gaming commission. So those are

2 some of the things that we are trying to reach out to

3 tribes and offer more training opportunities for

4 that.

5 The training catalog is a work in progress.

6 When I came into the position that I have, one of the

7 things that we were tasked with was reviewing the

8 training catalog. The director of training now is

9 still completing a review of the training catalog.

10 We have gone through and adjusted the catalog to fit

11 some of the trainings that we offer now and re-tailor

12 those trainings to keep up with the times, keep up

13 with the mission of this Commission.

14 And we are actually looking into the catalog

15 because we hear from tribes that, especially in the

16 eastern division, that the trainings are something

17 that they are not interested in because they have

18 been established properties or they have established

19 gaming commissions for quite a while. So we are

20 looking at moving to more advanced courses.

21 Hopefully, we can do a training catalog. My hope is

22 similar to like a college catalog where you have one

23 level class, introductory classes, beginning classes

24 for some of those tribes that are new gaming

25 commissions or getting into gaming. And the 200

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1 level, which is more advanced for some of those more

2 established levels. And the 300 level where

3 properties that are really advanced. And that is

4 what our training director has been tasked with,

5 coming up innovative ideas on how we can offer that

6 training and how we can retool the training catalog.

7 We are actually going to go out with the RD's

8 and do another survey with them, their regions, to

9 see exactly what type of training do tribes want. A

10 lot of times sometimes they will say, We want

11 advanced courses. Well, we need help from the tribes

12 to come up with some more innovative ideas on what

13 are the advanced courses you like. Would it be more

14 game machine training or would it be more gaming

15 commission or a combination of both.

16 So that is where we are with the training

17 catalog. We are in the process now of going out with

18 those surveys and we hope to have that back to us

19 within the next quarter, so we can really, you know,

20 move forward with the training catalog. Again, like

21 I said, we have taken it down and retooled some of

22 the course and put it back up. Some of the courses

23 were just outdated or courses that we hadn't taught

24 in four years or five years. Courses that, you know,

25 tribes just happen to advance further than that. So

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1 that is kind of where we are with the training

2 catalog.

3 And objectives for 2012 is to complete the new

4 training catalog, is to complete the advanced

5 training on the game machine side and also the

6 advanced trainings on the travel-related regulated

7 side and for operations, as well.

8 We also will continue to collaborate with the

9 Department of the Interior to find innovative and new

10 ideas for training. We've partnered with the

11 Department and they might have some ideas of how we

12 can do some further outreach to tribes.

13 We are also in the beginning stages of doing

14 some web-based training. Again, you know, a lot of

15 tribes are in rural areas, so this might be an

16 opportunity for them to go to a training center

17 within their area or with their tribe to the tribal

18 government, and we can actually do the training from

19 DC and reach different tribes. That is something we

20 are in the beginning stages of. We did a couple

21 tests with the Chitimacha Tribe. Am I correct,

22 Cindy, the Chitimacha Tribe?

23 CINDY ALTIMUS: Yes, you are correct.

24 PAXTON MYERS: Where we could see how this web

25 portal would work. It was very successful.

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1 Again, some of the challenges are IT needs.

2 And also, some of the tribes that need a little more

3 assistance really don't have the IT, you know,

4 equipment that we can use, that we can go to. So if

5 we run into that issue, then we will definitely reach

6 out to tribes and do some one-on-one training.

7 We are also working with our audits division in

8 which to offer more advanced courses on courses that

9 actually tribes are looking for within the audit

10 division. And we are also going to issue a directive

11 to where audits, if need be from a regional director

12 or from a compliance officer, that an auditor can go

13 with them on the site visit and conduct, you know,

14 on-the-spot training, if that compliance officer or

15 the regional director sees fit.

16 I think we have kind of taken a different turn

17 in years past where the audit teams weren't actually

18 going out and assisting like they should. But we are

19 going to address that within this week. So we will

20 have audit staff readily available, unless they are

21 called to do an audit.

22 Just real quick, some upcoming trainings that

23 we have, we have Regulating Gaming Technology at the

24 Pechanga Resort & Casino February 14th to the 16,

25 2012. We also have the Oklahoma City Regional

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1 Training planned for February or March 2012, we are

2 still working on logistical issues there.

3 Also, in February or March in the Phoenix

4 region, hopefully we are going to partner with the

5 Arizona Department of Gaming, the Arizona Gaming

6 Working Group and possibly some other federal

7 agencies, the IRS, FBI, to host a realm type of

8 training within that region for four tribes all

9 within that region. We have actually had several

10 tribes come to our regional director in that area and

11 request this training. The Arizona Indian Working

12 Group is working with us. Again, there are

13 logistical issues there, which we are still trying to

14 get everyone all in the same room and collaborate.

15 And as you can imagine, with multiple agencies it is

16 hard to get that arranged, but the regional director

17 is working really hard to get that established.

18 And throughout the year we will have regional

19 trainings. I don't want to go into the whole list

20 because we don't have the logistics there. But

21 beginning next month going all the way through

22 September 30th we will have regional trainings in all

23 the regions. We will also have regulating gaming

24 technology training in all the regions moving

25 forward. So that is a synopsis of the training.

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1 COMMISSIONER LITTLE: More of a comment than a

2 motion, I just want to commend you for really

3 reaching out to the region and towering our training

4 to their needs. I think that is so important and

5 easily overlooked, what is needed in some regions is

6 not what is needed in other regions.

7 Whenever I am out on the road, I try to stop by

8 any training that is going on. And it is very

9 helpful and really nice to see, you know,

10 on-the-ground regulators, front-line primary

11 regulators out there and taking advantage of the

12 training that we are offering and, you know, our

13 agency working with the tribal regulators. So I want

14 to commend you on continuing to reach out to regions

15 and tailoring our training to their needs.

16 PAXTON MYERS: Thank you, Commissioner Little.

17 Moving on to operations, ABC operation and

18 review. As most everyone in the room knows, we did

19 go through a realignment with the agency. The

20 realignment again is ongoing. We have held three all

21 employee meetings, held two individual divisional

22 meetings where myself and the Deputy Chief of Staff

23 met with all the different divisions that we have.

24 Just a status update on where they are on projects,

25 keeping the line of communication open with all the

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1 different divisions.

2 We will continue to have biweekly conference

3 calls with our senior audit staff, our regional

4 directors and our senior contract staff. We are

5 actually working on a team-building plan with CATER's

6 assistance. We are waiting on an overall

7 team-building plan from CATER, which is a DOI program

8 that can help us with team-building with our

9 different employees in the DC office. And we are

10 also still trying to logistically figure out how do

11 we do that, how do we accomplish that. Because we

12 are in DC and we are in different regions, so we are

13 still working on that.

14 And the IT transition, we had hoped to have the

15 DOI IT report sent to us this week. We have asked

16 DOI with a contractor to go in and look at our IT

17 needs and our infrastructure and see where we can

18 make improvements with IT. Will that be a migration

19 over to the DOI system or will that be bits and

20 pieces of migration to the DOI system, because they

21 are going through a total revamp of their IT systems.

22 And if we can piggyback on what DOI is doing and

23 maybe get some cost savings there, then we are

24 definitely for all that.

25 We hope to have that assessment to my office

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1 this week. That way we can do some evaluations, then

2 I can go back and present those recommendations to

3 the Commission, move it forward.

4 Any questions about IT?

5 Going back to some agency operations.

6 Currently, we are in the process of drafting position

7 descriptions for the Director of Compliance Finance

8 and Public Affairs. We also redrafting the PD IV

9 Regional Director Position in conjunction of the

10 Bureau of Safety and Environmental Enforcement, BSEE,

11 for short. That is the area within DOI that handles

12 all of our HR functions. So we are in the process,

13 they are either with BSEE or they are with us and

14 getting sent back to BSEE. So we are in here working

15 on collaboration with them on those PD's. Don and I

16 have ideas, and then we put those on paper. So some

17 of them are with us, some are back with BSEE with our

18 recommended changes.

19 PD's for the Executive Administrator Audit and

20 Training Manager and the IT Auditor are nearly

21 complete. We have to go through and do some final

22 cleanup on those position descriptions, and they

23 should be ready for advertisement within the coming

24 weeks. That is my fault.

25 The Compliance Officer PD has been rewritten,

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1 again with the Chief of Staff and the Deputy Chief of

2 Staff in conjunction with BSEE. We rewrote the job

3 description there. We do have two advertisements and

4 the Phoenix region where we are using the new

5 position description. We will actually be conducting

6 interviews for those two positions next week, next

7 Tuesday and Thursday.

8 This was the first time that we actually, as an

9 agency, fully utilized DOI and then their services

10 that they can provide to us. And it is a learning

11 process. Of course some of the acronyms, like MICS,

12 for instance, and those type of things, they had no

13 clue what MICS were. So we had to go through and

14 train our folks that are helping us there on that

15 side with what acronyms were and what the job

16 description should say and needed to say and what

17 qualifications the Compliance Officer or Regional

18 Director or any other positions within our agency

19 need to have. So that is ongoing.

20 We had over 200 applications for those two

21 positions. Through BSEE we actually have whittled

22 those down to a manageable number and we will be

23 conducting interviews. The Regional Director and

24 myself will be conducting those interviews next week,

25 so hopefully we will have someone in some places

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1 within the coming months. The federal system is

2 slow, sometimes, dealing with hires. So that is

3 where we are with the realignment.

4 The office utilization and assessments is again

5 ongoing. As many people know, in 2013 the agency's

6 lease is up and we will have to either relocate to

7 another area within DC or stay in the same building

8 that we are in. We are in the preliminary stages of

9 going to that to see what are our options, how much

10 is it going to cost and those different things. The

11 Deputy Chief of Staff is meeting with representatives

12 this week to discuss what our options are.

13 We have a tentative scheduled tour of some open

14 buildings scheduled for next week where the Deputy

15 Chief of Staff, Commissioner Little and myself will

16 hopefully go tour some potential new buildings and

17 see if they can offer the services that the agency

18 needs.

19 The leased advertisement to solicit bids for

20 potential building locations was sent out last week.

21 I believe it runs into two or three weeks. I am not

22 sure. Two weeks. Two weeks. That is just for folks

23 that have buildings within the DC metro area to

24 submit bids for the agency. Again, we are in the

25 preliminary stages of that.

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1 And, finally, policies and procedures. We are

2 currently in various stages of working on five new

3 policies. Commission to recruit, those include the

4 employer transportation subsidy, the travel policy,

5 employer recognition, premium pay and employee

6 performance appraisal. Those are the varying stages.

7 We hope to have those presented to the Commission

8 within the next two weeks. We are very close to

9 having those finalized. They are going through the

10 final run through with some folks in Larry's section.

11 So we are hopefully have those within the next two

12 weeks for the Commission for approval.

13 And a hit on the staffing areas. Again, we are

14 conducting interviews and our goal, or my goal, is to

15 have the advertisements for the IT Auditor within the

16 next two weeks, along with some other positions. Our

17 staff will have some type of discussions with the

18 Deputy Chief of Staff and BSEE, to see if we are in a

19 position to advertise those other positions.

20 The goal to advertise the three director

21 positions again, Director of Compliance, Finance and

22 Public Affairs by March, that is our goal. Again,

23 they are in varying stages of development. One, the

24 Public Affairs, is nearly complete. The Compliance

25 and Finance, we are still in the drafting phase

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1 there.

2 We had two Regional Director retirements, John

3 Gerber in the St. Paul region and Ken Billingsley in

4 the Phoenix region. I want to publicly thank both

5 gentlemen for their service to our country and to the

6 agency and to Indian Country. In the interim, we

7 have appointed two interim Regional Directors, Linda

8 Durbin in the Saint Paul area and Lance Vallo in the

9 Phoenix area.

10 And that concludes my report. I'm happy to

11 answer any questions that the Commission might have.

12 CHAIRWOMAN STEVENS: No, I don't think there

13 are any additional questions. I want to thank the

14 Chief of Staff and the Deputy Chief of Staff Dawn

15 Houle, who is back in the office now commanding the

16 ship.

17 The agency operation review, and I just want it

18 to be known to everybody who is attending, is

19 actually taking up quite a bit of our time. As I

20 said in the beginning of the meeting, it was of

21 interest to Indian Country as we were told of how the

22 agency was operating. And so the Chief of Staff's

23 office spends probably 95 percent of their time

24 dealing on just this one initiative to, you know,

25 look at ways for the agency to become more efficient.

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1 We utilize the Department of Interior because

2 we are within the Department of Interior. They have

3 some great systems in place already. We have some

4 contracts with them to do some services for us.

5 Because in terms of the size of our agency, with

6 100-plus employees, it doesn't always make sense to

7 have our own systems when we can piggy-back, as

8 Paxton said, onto other systems. That actually will

9 bring us more into the 21st century.

10 The assessment from the DOI IT team, who is

11 really out front for the federal family in terms of

12 new technology, is really important to us because we

13 have, and you wouldn't know this and maybe you do

14 know this, we do have a lot of limitations internally

15 which we are trying to address. We are a young

16 commission and we are techies and, you know, we know

17 that that is the direction tribes are moving. So we

18 want to be on the cutting edge of all the technology,

19 things that make our doing business easier, your

20 doing business with us easier.

21 So the agency operations initiative that we

22 have is actually incredibly time-consuming for our

23 staff. So if you don't see Paxton or Dawn, and many

24 of you probably don't even know who Dawn is because

25 she is back working on this, we don't let her out

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1 much, you know, that is because they are working

2 really hard doing what tribes often do, which is

3 constantly monitor your organization for efficiencies

4 and streamlining opportunities.

5 So thank you, Paxton, thanks to Dawn Houle and

6 all of your staff that report to you in helping us

7 become a better organization.

8 We are going to move on. Are there any

9 comments? Okay.

10 So we are broken up, basically, from the

11 Commission. We have got the Chief of Staff's office

12 and the General Counsel.

13 So we are going to turn to Larry Roberts, the

14 General Counsel, for his report on some other

15 initiatives that fall under his purview. Larry.

16 LARRY ROBERTS: Thank you, Chairwoman. For the

17 record, Larry Roberts, General Counsel, member of the

18 Oneida Nation of Wisconsin. With me today is Senior

19 Attorney Michael Hoenig from my office. We are going

20 to cover two points today. One is regulatory review

21 and the progress that the commission is making there,

22 and then consultation and relationship building.

23 With regard to regulatory review, the

24 commission, when they first took office, embarked on

25 a process that would be a little transparent in terms

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1 of how the regulations would be reviewed by the

2 Commission. The Commission started off its

3 regulatory review through notice of inquiry sent out

4 to public and tribes asking for public comment on

5 which regulation should be reviewed and what order

6 and how to move forward with that process.

7 Currently, as part of that regulatory review,

8 after hearing comments from tribes and the public,

9 the Commission sent out its regulatory review agenda.

10 Through that agenda it identified how it would

11 consult with the tribes. It identified that in some

12 circumstances they would issue preliminary discussion

13 drafts before issuing a notice of proposed

14 rule-making, and then with the notice of proposed

15 rule-making seeking additional tribal and public

16 comment before moving forward with the final rule.

17 As the Commission is aware, there are five

18 rules proposed, rules currently open for comment.

19 Those rules are Part 502, definitions; Part 537,

20 background investigations; Part 556, background

21 investigations for primary management officials and

22 key employees; Part 558, licenses for primary

23 management officials and key employees; and Part 573,

24 enforcement.

25 The comment periods for Parts 502 and 537

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1 closes on February 27, 2012. The comment period for

2 Parts 573, 556 and 558 close on February 21st.

3 We have an update with regard to proposed rules

4 to be printed in the Federal Register. My staff has

5 been working closely with the Commission to prepare

6 proposed rules for part 559, facility licenses, the

7 appeals regulations, as well as Part 518

8 self-regulation. All of those parts the Commission

9 has preliminary drafts, which we have received

10 comments and reviewed those comments. And we are

11 working with the Federal Register at this point to

12 schedule those for publication. We hope that those

13 will be published soon.

14 With regard to further consultations on the

15 regulatory review schedule, the Commission will be

16 consulting with Indian Country February 30th at the

17 Agua Caliente facility in Palm Springs, we will have

18 a consultation on February 16th at Squaxin Island and

19 we will have a consultation on February 22nd at La

20 Isleta Hard Rock in Albuquerque, New Mexico.

21 CHAIRWOMAN STEVENS: January 30th it is the day

22 before Western Indian Gaming Conference in Morongo.

23 LARRY ROBERTS: And that is a summary of the

24 regulatory review. Are there any comments about the

25 Commission or questions at this point?

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1 VICE-CHAIRWOMAN COCHRAN: This is just more of

2 a comment, because I see two faces present I just

3 want to acknowledge how much work I know is coming

4 out of your shop. And, Larry, I know you have asked

5 the attorneys to manage a lot of information under

6 some pretty short deadlines. And you have also been

7 very accommodating to the questions and comments and

8 revisions that have come from the Commission side.

9 And so I just want to publicly acknowledge that

10 because I know it is a lot of work and I know we are

11 on an aggressive schedule for a federal agency. And

12 each time your staff has stepped up to the plate and,

13 Mike, I appreciate it and I wanted to say that

14 publicly.

15 LARRY ROBERTS: Thank you, Vice-Chairwoman.

16 CHAIRWOMAN STEVENS: I would also like to

17 reiterate that. I just want everyone to know who is

18 here and anybody who reads this record that as

19 similar to the Chief of Staff's office, the Office of

20 the General Counsel, all of these rules are going

21 through them. And they, as Vice-Chairwoman Cochran

22 has said, have been very patient with the Commission.

23 Because we are actively, if there is any question

24 about whether or not we are watching these, we are

25 helping write these. We are reading every draft they

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1 give us. We all have edits that they are very

2 patient with. I can't even imagine the number of

3 drafts that we have gone through before all of these

4 regulations. So I appreciate that.

5 And not only that, not only their doing this,

6 but they have got their other regular jobs that they

7 do in reviewing ordinances, management contracts, you

8 know, working through appeals, working with the

9 compliance division to help try to enforcement

10 matter. So they are walking and chewing gum. And,

11 you know, hands up to OGC, similarly to the Chief's

12 Office because it is all intertwined. So thank you.

13 LARRY ROBERTS: Thank you, Chairwoman.

14 In terms of consultation and relationship

15 building, as you know, we have circulated a draft

16 consultation policy to Indian Country. We are in the

17 final stages of reviewing those comments and

18 preparing another draft for your review.

19 One of the things that we are doing, and that

20 is taking just a little bit more time, is we are

21 comparing our policy, our draft policy to that policy

22 adopted by the Department of Interior late last year.

23 And so we are finalizing that review for the

24 Commission. And the Commission may want to consider

25 circulating the revised policy for a 30-day comment

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1 period from tribes before finalizing because we are

2 going through the review process right now and making

3 sure that the policy adopted by the Interior is going

4 to work well with whatever policy you adopt, since we

5 work so closely and tribes work so closely with both

6 the Commission and Interior on a day-to-day basis.

7 And that is all I have as part of my report.

8 CHAIRWOMAN STEVENS: Okay. Thank you, Larry.

9 We are on item number four, new business. We

10 have a number of items on the table for adoption

11 today. First on that list is the preliminary fee

12 rate adoption for the next upcoming fee cycle. Do I

13 have a motion to approve what has been presented?

14 COMMISSIONER LITTLE: So moved.

15 CHAIRWOMAN STEVENS: I have a motion by

16 Commissioner Little. Do I have a second?

17 VICE-CHAIRWOMAN COCHRAN: Second.

18 CHAIRWOMAN STEVENS: Second is to adopt the

19 preliminary fee as presented to us by the Chief of

20 Staff. And with that, is there any discussion?

21 COMMISSIONER LITTLE: I'd request the Chief of

22 Staff to explain.

23 CHAIRWOMAN STEVENS: Yes, if you could, Paxton,

24 let us briefly know what the recommendation is on the

25 preliminary fee rate, with some background on that.

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1 PAXTON MYERS: Thank you, Chairwoman. Again,

2 Paxton Myers, Chief of Staff, National Gaming

3 Commission.

4 At this time I would recommend that the fee

5 rate remain at 0.074 for the following reasons. Our

6 analysis, preliminary analysis showing that the

7 industry remain stable. However, this is not

8 inclusive of all tribal operations, only a small,

9 small fraction of those operations that submitted to

10 the agency by December 31, 2011.

11 We are in the process of getting information

12 from tribes as I speak today, all those being

13 probably by March. But we are in the process now of

14 going through all those, doing our analysis, doing

15 our evaluation internally. So it is very premature

16 right now to say whether the industry will remain

17 stable or show an increase.

18 Also, the National Business Center, NBC, which

19 handles all of our internal financing and financial

20 records. The Department of Interior recently went

21 through an overall internal reporting system which

22 has led to internal issues such as delays of fully

23 accessing our accounts, and within the Federal Budget

24 Management System, FBMS.

25 Our comptroller NBC is currently working to

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1 resolve these issues, troubleshoot those issues as

2 they arise. It was out of our control. NBC went

3 through this complete overhaul of their system, but

4 it has limited access that we have to certain

5 financial information internally.

6 Like I said, the comptroller and NBC and people

7 at the Department of Interior to the highest level

8 were working diligently to resolve these issues that

9 we are having right now. We hopefully will have full

10 access again in two weeks. We have got our fingers

11 crossed, that is what NBC is telling us, that we

12 should have full access within two weeks.

13 We are also seeing for agency, also seeing

14 increases in rent, again, federal benefits, and we

15 have an internal infrastructure and IT needs that

16 need to be addressed immediately and we will be

17 coming forward to the Commission with recommendations

18 on those infrastructure and IT needs and how to

19 address those needs within the coming weeks. Once we

20 get the DOI, IT assessment sent back to us, we can

21 have a better understanding and better idea of where

22 we are with IT and what improvements we need to make

23 moving forward and how are will this play into the

24 Commission's one, three, five and 10-year IT plan.

25 We are also in the beginning stages of updating

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1 and standardizing our internal process fee and fee

2 calculations. Again, we are in the very preliminary

3 stages. We are working with some audit staff and

4 coming up with recommendations that I can review and

5 again present those to the Commission in the very

6 near future on how we assess the fee and how we

7 calculate the fee. We need to update that,

8 standardize that process. That has not been updated

9 and standardized in a number of years, so that is one

10 task our comptroller has been coming up with.

11 And finally, again, I recommend the fee be set

12 at 0.074. Again, we can re-examine this fee rate in

13 June of this year when we have to set the final rate.

14 At that point in time we will have more information,

15 more financial data from tribes. They will all be

16 submitted, we will have our own analysis and we will

17 know where the industry is turning, if it is going to

18 remain stable or show a slight increase. Again, we

19 will also have full access to FBMS and NBC at that

20 time.

21 CHAIRWOMAN STEVENS: Okay, I just want to

22 remind everybody, this is just a preliminary fee

23 rate. Currently, as it stands now, it is at

24 0.074 percent. And in June, I think it is, we are

25 due on July 1st, currently is the current rate to

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1 issue the final rate for the next upcoming term. So

2 we have a recommendation and a motion on the table to

3 adopt .074 percent. With a motion and a second, all

4 of those in favor say "I."

5 COMMISSIONER LITTLE: I.

6 VICE-CHAIRWOMAN COCHRAN: I.

7 CHAIRWOMAN STEVENS: I. Those opposed say

8 "no." Okay. With that, the motion is adopted. And

9 we will deal with this particular final issue as the

10 date comes up later on in the year. Thank you,

11 Paxton.

12 We also have on the table for adoption a final

13 rule. It is the repeal of Part 523, review and

14 approval of existing ordinances or resolutions. Do I

15 have a motion to approve?

16 COMMISSIONER LITTLE: So moved.

17 CHAIRWOMAN STEVENS: Motion from Commissioner

18 Little. Do I have a second?

19 VICE-CHAIRWOMAN COCHRAN: Second.

20 CHAIRWOMAN STEVENS: I have a second from

21 Vice-Chairwoman Cochran. Is there any discussion?

22 COMMISSIONER LITTLE: I recommend Larry

23 Roberts, the General Counsel, explain this.

24 LARRY ROBERTS: Thank you, Commissioner Little.

25 This is basically a repeal of Part 523. It

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1 applies to the review and approval of ordinances

2 enacted prior to February 22, 1993. We circulated

3 this both as a discussion draft and as a proposed

4 rule. We did not receive any comments on the

5 proposed rule opposing repeal of Part 523. And so it

6 generated very few comments and no tribe has

7 indicated to us that they would be impacted by this.

8 CHAIRWOMAN STEVENS: Thank you, Larry.

9 So the question before the Commission is the

10 adoption of the final rule to appeal Part 523, review

11 and approval of existing ordinance and resolution.

12 All in favor of the adoption moving forward to final

13 rule, please say "I."

14 VICE-CHAIRWOMAN COCHRAN: I.

15 COMMISSIONER LITTLE: I.

16 CHAIRWOMAN STEVENS: I. Those opposed, say

17 "no." With that, the motion is adopted and we will

18 send that repeal of 523 to the Federal Register.

19 Lastly, up for adoption is the final rule for

20 Part 514 fees. Do I have a motion to approve?

21 VICE-CHAIRWOMAN COCHRAN: Move.

22 COMMISSIONER LITTLE: Second.

23 CHAIRWOMAN STEVENS: Motion by Vice-Chairwoman

24 Cochran, second by Commission Little.

25 With the motion on the table and a second, is

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1 there a discussion?

2 COMMISSIONER LITTLE: Madame Chair, I request

3 General Counsel explain this.

4 CHAIRWOMAN STEVENS: Hearing no objection, go

5 ahead, Larry.

6 LARRY ROBERTS: A very brief overview of the

7 final rule. The final rule would set forth a process

8 for the payment of late fees. It would set forth the

9 process for the collection of fingerprint fees

10 similar to the proposed rules.

11 It would move the collection and the payment of

12 fees to a quarterly basis, rather than a biannual

13 basis as currently in Part 514. It would have an

14 effective date of October 1st for the late fee

15 process and for the fingerprint fees. They would

16 have an implementation date of January 1st to move to

17 the quarterly process rather than the biannual.

18 CHAIRWOMAN STEVENS: Thank you, Larry.

19 All those in favor of the adoption of the final

20 rule Part 514 fees, please say, "I."

21 VICE-CHAIRWOMAN COCHRAN: I.

22 COMMISSIONER LITTLE: I.

23 CHAIRWOMAN STEVENS: I. If opposed, say "no."

24 With that, the motion is adopted. Part 514 fees is a

25 final rule and will be moved to the Federal Register.

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1 So that is it for our new business.

2 VICE-CHAIRWOMAN COCHRAN: Madame chairwoman,

3 can I ask the General Counsel's office, this is the

4 first two to go to final rule?

5 LARRY ROBERTS: Yes, that is correct.

6 VICE-CHAIRWOMAN COCHRAN: Thank you.

7 CHAIRWOMAN STEVENS: So the starting line was

8 in November with our inquiry and as of today's public

9 meeting, we have got two of our first final rules out

10 that were drafted with the help of tribes and

11 contribution to tribes. So my thanks, my hands up to

12 Indian Country for rising to the occasion. This is

13 just a few of more that will be coming as we continue

14 along this process.

15 So, thank you, Vice-Chairwoman Cochran, for

16 bringing to everybody's attention how far we have

17 come, how quickly we have come and how inclusive we

18 have been as we move forward to final rules.

19 We are on agenda item number five for public

20 comment. This is the time that is intended for

21 individuals to make brief statements to the

22 commissioners, preferably supported by fact, on

23 current issues and that are within the jurisdiction

24 of the NIGC. It is not intended to be open forum for

25 debate. The Commission may or may not choose to

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1 address issues that are brought up and the comments

2 raise.

3 If you would like to make public comment, we do

4 have a sign-in sheet. Do we have anyone that has

5 requested to make public comment?

6 Or, if you have just decided right now to make

7 public comment, we would welcome that, as well. We

8 will just take your name and your organization in a

9 moment. Just give us a minute, while some

10 deliberation happens.

11 Yes, Chief Mark Garrow from St. Regis Mohawk

12 Tribe.

13 MARK GARROW: I would like to make a comment

14 with regard to the training sessions that were spoken

15 of earlier by the Chief of Staff. I applaud the

16 efforts of the Gaming Commission and the Chief of

17 Staff's office, but I would ask this question and

18 offer this consideration. Realizing that it's a

19 relatively new program, I would say less than five

20 years, what mechanism is in place to evaluate the

21 effectiveness of the program, and has there been

22 measurable results as a result of the training

23 program that has been offered to Indian Country?

24 PAXTON MYERS: Thank you, Chief Garrow. That

25 is a very good question. And we are actually are in

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1 that process now, going through surveys with tribes

2 and tribal leaders on what would they like to see

3 within the training catalog, what training do we need

4 to offer, what advanced trainings we need to offer.

5 So we are in those stages now.

6 I would welcome, definitely, any

7 recommendations or comments from tribes or from your

8 tribe on that process, how we can improve that

9 process, where can we make improvements to the

10 process, what training would you like to see. But,

11 again, we are going through that type of internal

12 evaluation now.

13 CHAIRWOMAN STEVENS: Paxton, do you mind if I

14 ask, after each of the trainings, is there an

15 evaluation form that we ask the participants to fill

16 out?

17 PAXTON MYERS: That is correct. We do have a

18 form, we do have a form that we ask the participants

19 to fill out. It's similar to, I am sure you have

20 done training, where you rate the trainer and that

21 you rate the overall effectiveness of the class. We

22 do go through and look at those and do some

23 evaluations based on those recommendations. We offer

24 specialized training to some of those trainings that

25 might need a little more assistance when they are

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1 offering trainings. So we do take what general

2 comments we get back very, very seriously. We make

3 efforts to improve our training.

4 MARK GARROW: I would like to ask another

5 question.

6 CHAIRWOMAN STEVENS: Let's get a microphone.

7 MARK GARROW: I guess to clarify my question,

8 have you seen a measurable benefit in terms of the

9 number of audit findings or that type of thing?

10 PAXTON MYERS: Again, thank you for the

11 question. And that is where we are striving to. The

12 effective evaluation will be the amount of findings

13 we do find when we do audits or the amount of NOV's

14 or compliance issues that we are finding within the

15 various travel programs. We have seen not a

16 decrease, but we have seen issues that were prevalent

17 a few years ago and not be so prevalent now,

18 especially with our audit findings and some of our

19 compliance issues.

20 CHAIRWOMAN STEVENS: Thank you, Paxton, and

21 thank you, Chief Garrow.

22 One of the reasons why training and technical

23 assistance became a priority for us is, you know, the

24 purpose of training and technical assistance for our

25 agency is to keep track of compliance, but also

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1 educate people. And if we are providing trainings

2 that aren't needed or are not addressing particular

3 issues or problems that are coming up in the

4 industry, then we are not doing our job. That is why

5 we are going, as Paxton said, through a review of our

6 catalog.

7 We are doing surveys to find out what they need

8 with the tribes. We are looking at advanced

9 trainings, realigning our curriculums so that it

10 better matches what the industry needs, or changes in

11 the industry, or what might be happening in a

12 particular region or particular state. So all those

13 things do play into how we evaluate our systems.

14 And audit findings in terms of reduce, the goal

15 is to keep compliance issues down. Whether they are

16 audits or whether they are enforcement issues within

17 an operation, the goal is to keep those down and have

18 the tribe as a regulatory body monitor them and keep

19 them in compliance instead. So I appreciate your

20 question.

21 Do we have others that want to make public

22 comments or have questions?

23 Let's get a microphone to you.

24 JASON GILES: Just real quick, on the MICS

25 Class II Regulations, Section 543. This Jason Giles,

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1 National Gaming Association, Executive Director.

2 Will the Commission be announcing further

3 consultation with tribes between now and the

4 effective date of October 2012?

5 CHAIRWOMAN STEVENS: On the current Class II

6 MICS that are on the books?

7 JASON GILES: Part 543 and 542, the one packet

8 I'm looking at now.

9 CHAIRWOMAN STEVENS: And just for everybody,

10 just reminding everybody, we currently have a Tribal

11 Advisory Committee in place right now taking a look

12 at Part 543, minimum internal control standards for

13 Class II Gaming. We are still in that process.

14 Their meetings are continuing to go on. As this

15 group reviews an alternative standard that was

16 proposed to us by the Poarch Creek Band and other

17 tribes.

18 In terms of the current regulation, that has

19 been on the books for three and a half years now, but

20 has not become effective, you know, I think our goal

21 is to have a replacement for that, because it is a

22 different document. What we heard from the tribes

23 was that even that particular rate that is on the

24 books right now and in the Federal Register sort of

25 pending an effective date is out of date. And that

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1 there was another draft that was put together, I

2 think prior to our arrival, that the Poarch Band and

3 other tribes used to formulate their alternative

4 standards.

5 So I think our goal is to, you know, put a new

6 543 out there that is relevant. Because our

7 understanding is that what is currently there is not

8 relevant. So that is where we are going with that.

9 JASON GILES: We are asking, will that be done

10 with consultation of the tribes?

11 CHAIRWOMAN STEVENS: Sorry I, missed that part.

12 JASON GILES: Before a new one is put out.

13 CHAIRWOMAN STEVENS: Certainly, we will.

14 JASON GILES: Okay. Other public comments? If

15 not, we do have on the agenda item number six,

16 announcements. Again, Paxton announced some

17 training, the week of February 14th through 16.

18 Which one was that? The machine training.

19 And some others that are in the works for the

20 rest of the year, each region will have its own

21 regional training. Please watch for that on our web

22 site under Training and Technical Assistance.

23 Again, we have consultations coming up for

24 rules that are in process now. The next consultation

25 is January 30th at Aqua Caliente, the day before the

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1 western Indian gaming conference begins in Palm

2 Springs.

3 The one after that is February 16th at Squaxin

4 Island, Shelton, Washington, immediately following

5 the Affiliated Tribes of Northwest Indian's Winter

6 Conference. And then the next one planned after that

7 is February 22nd at La Isleta Hard Rock in

8 Albuquerque, New Mexico. Everyone is welcome to

9 attend.

10 I over heard Vice-Chairwoman Cochran talking to

11 someone. Just because we have them in regions

12 doesn't mean that other regions aren't able to

13 attend. We just have them in regions so we bring the

14 Commission to the tribes. And, you know, it is not

15 restricted to those tribes in that particular region.

16 It is actually helpful when we have tribes from other

17 regions come to a different region, so there is some

18 understanding of how these rules affect tribes in

19 other regions.

20 So those are our consultations that are coming

21 up. We anticipate the next public meeting to be in

22 April. We are looking at trying to tag on somehow to

23 the National Indian Gaming Association's annual

24 conference to get in and capture as many attendees as

25 we can and reduce resources, travel resources for

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1 both tribes and the Commission. When we do have that

2 published, when we have a date confirmed, we will put

3 it on our web site.

4 I think our goal has been to publish our public

5 meeting date in advance, more in advance as they have

6 been. This is our third public meeting and we are,

7 like our training, trying to plan them out in areas

8 that will get broad attendance and we can reduce the

9 travel costs for everybody involved. So after the

10 one we hope will be April, it will be three to

11 four months after that in another location.

12 So those are the announcements that we have.

13 Is there anything else from the commissioners? Okay.

14 So that adjourns the public meeting.

15 Do I have a motion to adjourn?

16 COMMISSIONER LITTLE: I just definitely want to

17 thank our staff, you know. I think sometimes we

18 overlook the many hours they put in. Especially, you

19 know, Paxton and Larry, they do great jobs, but a lot

20 of our regional staff, and we talk about training and

21 we talk about we do these specified trainings where

22 we plan them in advance.

23 But our regional staff, like Cindy and Keith,

24 they will go out and do a site visit and they will

25 come across an issue and they will do some technical

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1 assistance and training right then and there. And

2 they do a great job at it and sometimes I think we

3 don't give them enough credit. Those relationships

4 and those abilities, that ability to go in there and

5 work directly with the tribe, and it fosters a great

6 working relationship. And, you know, it demonstrates

7 the partnership that we have with the tribes and our

8 strength in this industry.

9 I am very grateful for the hard work our staff

10 does and very grateful to be able to be in the

11 position to see that. So I want to thank all of them

12 and thank all the attendees here today for coming.

13 Thank you.

14 CHAIRWOMAN STEVENS: Okay. With that, motion

15 to adjourn?

16 COMMISSIONER LITTLE: So moved.

17 VICE-CHAIRWOMAN COCHRAN: Second.

18 CHAIRWOMAN STEVENS: All right. We are

19 adjourned. So thank you all for attending, and hope

20 to see you in April.

21 (The proceedings were concluded at 3:10 p.m.)

22 - - -

23

24

25

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1 CERTIFICATE

2

3 I, ELIZABETH CORDOBA, Registered

4 Professional Reporter, certify that I was authorized and

5 did stenographically report the foregoing proceedings and

6 that this transcript, pages 1 through 42, is a true

7 record of the proceedings.

8 I further certify that I am not a relative,

9 employee, attorney, or counsel for any of the parties nor

10 am I a relative or employee of any of the parties'

11 attorney or counsel connected with the action, nor am I

12 financially interested in the action.

13

14 Dated this 8th day of February, 2012.

15

16

17

18 __________________________________

19 ELIZABETH CORDOBA

 Registered Professional Reporter

20

21

22

23

24

25

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&

& 1:13 10:24

0

0.074 26:5 28:24

0.074. 28:12

074 29:3

1

1 1:13 42:6

10 27:24

100 19:6

14th 10:24 38:17

154 6:2

16 10:24 38:17

16th 22:18 39:3

18 6:2

1993 30:2

1st 28:25 31:14,16

2

2 4:24

2,309 5:22

200 7:25 15:20

2011 5:21 26:10

2012 1:9 6:1 9:3

10:25 11:1 22:1

37:4 42:14

2013 16:5

209 5:25

21st 19:9 22:2

22 30:2

22nd 22:19 39:7

25 1:9

27 22:1

285 6:2

2:08 1:9

3

30 24:25

300 8:2

30th 11:22 22:16,21

38:25

31 26:10

3:10 41:21

4

42 42:6

46 6:3

5

502 21:19,25

514 30:20 31:13,20

31:24

518 22:7

523 29:13,25 30:5

30:10,18

537 21:19,25

542 37:7

543 36:25 37:7,12

38:6

556 21:20 22:2

558 21:22 22:2

559 22:6

573 21:23 22:2

6

659 5:22

8

83 5:23

8th 42:14

9

95 18:23

a

abc 12:17

abilities 41:4

ability 41:4

able 39:12 41:10

access 27:4,10,12

28:19

accessing 26:23

accommodating

23:7

accomplish 13:11

accounts 26:23

acknowledge 23:3,9

acronyms 15:11,15

action 42:11,12

actively 23:23

additional 6:14

18:13 21:15

address 6:21 10:19

19:15 27:19 33:1

addressed 27:16

addressing 36:2

adjourn 40:15 41:15

adjourned 41:19

adjourns 40:14

adjusted 7:10

administrator 14:19

adopt 25:4,18 29:3

adopted 24:22 25:3

29:8 30:17 31:24

adoption 25:10,12

29:12 30:10,12,19

31:19

advance 8:25 40:5,5

40:22

advanced 7:20 8:1,3

8:11,13 9:4,6 10:8

34:4 36:8

advantage 12:11

advertise 17:19,20

advertisement

14:23 16:19

advertisements 15:3

17:15

advisory 37:11

affairs 14:8 17:22

17:24

affect 39:18

affiliated 39:5

afternoon 3:3,14,21

agencies 11:7,15

agency 3:9 4:10,11

4:12,17,21 5:14

12:13,19 14:5 15:9

15:18 16:17,24 18:6

18:17,22,25 19:5,21

23:11 26:10 27:13

35:25

agency's 16:5

agenda 1:2 4:23 5:8

5:10 21:9,10 32:19

38:15

aggressive 23:11

ago 35:17

agua 22:17

ahead 31:5

airport 6:16

albuquerque 22:20

39:8

allow 3:8

alternative 37:15

38:3

altimus 2:6 9:23

amount 35:12,13

analysis 26:6,6,14

28:16

announced 38:16

announcements

38:16 40:12

announcing 37:2

annual 39:23

answer 18:11

anticipate 39:21

anybody 5:7 23:18

appeal 30:10

appeals 22:7 24:8

appearances 2:1

applaud 33:15

applications 15:20

applies 30:1

appointed 18:7

appraisal 17:6

appreciate 23:13

24:4 36:19

approval 17:12

29:14 30:1,11

approve 25:13

29:15 30:20

april 39:22 40:10

41:20

aqua 38:25

area 6:24 9:17 11:10

14:11 16:7,23 18:8

18:9

areas 4:7 6:16,23

9:15 17:13 40:7

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arizona 11:5,5,11

arranged 11:16

arrival 38:2

asked 13:15 23:4

asking 21:4 38:9

assess 28:6

assessment 13:25

19:10 27:20

assessments 16:4

assistance 4:8 5:14

5:19 10:3 13:6

34:25 35:23,24

38:22 41:1

assisting 10:18

associate 3:12

association 37:1

association's 39:23

attend 39:9,13

attendance 40:8

attended 6:3

attendees 39:24

41:12

attending 3:4 5:24

6:14 18:18 41:19

attention 32:16

attorney 2:5 20:19

42:9,11

attorneys 23:5

audience 6:6

audit 10:9,17,20,21

13:3 14:19 28:3

35:9,18 36:14

auditor 10:12 14:20

17:15

audits 10:7,11 35:13

36:16

authorized 42:4

available 10:20

aware 21:17

b

back 4:20 8:18,22

14:2,5,14,17 18:15

19:7,25 27:20 35:2

background 21:20

21:20 25:25

band 37:16 38:2

based 9:14 34:23

basically 20:10

29:25

basis 25:6 31:12,13

beginning 7:23 9:13

9:20 11:21 18:20

27:25

begins 39:1

believe 16:21

benefit 35:8

benefits 27:14

better 20:7 27:21,21

36:10

biannual 31:12,17

bids 16:19,24

billingsley 18:3

bit 18:19 24:20

bits 13:19

biweekly 13:2

body 36:18

books 37:6,19,24

brief 31:6 32:21

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