1 NATIONAL INDIAN GAMING COMMISSION

2 PUBLIC MEETING

3

4

5

 REPORTER'S TRANSCRIPT OF PROCEEDINGS

6

7

8 Taken at: Morongo Casino, Resort and Spa

9 Cabazon, California, 92230

10

 Monday, February 4, 2013

11

 2:13 p.m. - 3:12 p.m.

12

13

14

15

16

17 Reported by:

AMEE D. ZARADNIK, RPR

18 CSR No. 12430

19

20

21

22

23

24

25 Job No. NJ1605965

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1 APPEARANCES

2

3 National Indian Gaming Commission:

4

 Tracie Stevens, Chairwoman, NIGC

5

 Daniel J. Little, Associate Commissioner, NIGC

6

 Sarah Walters, Counselor to the Chair

7

 Eric Shepard, General Counsel

8

 Frank Quimby, Staff

9

 Eric Schalansky, Regional Director

10

 Francisco Hernandez, Senior Field Investigator

11

12 Pre-Registration Attendees:

13 Bea Carson, Mississippi Band, Chairperson, TGC

14 Marrianna Bobtail Bear, Quechan Tribe, Executive

 Director, TGC

15

 Norm DesRosiers, San Manuel Band, Commissioner,

16 TGC

17 Norm Hansen, Southern Ute Indian Tribe,

 Commissioner, TGC

18

 Andrew Hofstetter, Soboba Band, Commissioner, TGC

19

 Celeste Hughes, Soboba Band, Commissioner, TGC

20

 Wendell Long, Pascua Yaqui Tribe, CEO,

21 Casino Operations

22 Raymond MaGee, Cahuilla Band, Commissioner, TGC

23 Ushla Majel, Pauma Band, Commissioner, TGC

24 Joseph Marinko, Twenty Nine Palms Band,

 Commissioner, TGC

25

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1 APPEARANCES

 (continued)

2

3 Pre-Registration Attendees (continued):

4 Joe Murrillo, Twenty Nine Palms Band, Executive

 Director, TGC

5

 Jerry Peebles, Soboba Band, Commissioner, TGC

6

 Kim Snyder, Twenty Nine Palms Band, Commissioner,

7 TGC

8 Denise Turner Walsh, Rincon Band, Attorney,

 Tribal Government

9

 Glendale, Willis, Mississippi Band, Associate

10 Commissioner, TGC

11

12 Non-Registration Attendees:

13 Abraham Calac, Rincon Band, Compliance Manager

14 Robert Pagliaroli, GLI, Manager

15 Ray Hunter, Jamul Indian Village, Chairman

16 James Hunter, Jamul Indian Village, Commissioner

17 Erica Pinto, Jamul Indian Village, Vice Chair

18 Charles Martin, Morongo, Councilman

19 Jon Toro, Agua Caliente, Vice Chairman

20 Joe Osterloh, Viejas, Staff Director

21 Jason Nichols, Viejas, Commissioner

22 Philip DeGrande, Campo, Background

 Investigator/Commissioner

23

 Robert Banegas, Campo, Gaming Director

24

 Les Stanley, Rincon, Executive Director

25

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1 APPEARANCES

 (continued)

2

3 Non-Registration Attendees:

4 Adam Bailer, Hobbs, Straus, Dean & Walker,

 Associate

5

 Jan Sullivan, Cabazon, Executive Director

6

 David Omens, Cabazon, Compliance Manager

7

 Joe Hibdon, Rincon, Commissioner

8

 Ed Mazzetti, Rincon, Commissioner

9

 Laurel Burton, Rincon, Commissioner

10

11

12

13

14

15

16

17

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1 Cabazon, California, Monday, February 4, 2013

2

3 PROCEEDINGS

4

5 MS. STEVENS: Good afternoon.

6 UNIDENTIFIED SPEAKER: Good afternoon.

7 MS. STEVENS: Hello, everybody. Thank you for attending

8 our first public meeting of 2013. My name is Tracie Stevens.

9 I'm the chairwoman -- and first I'm Tulalip from Washington

10 state and I'm the Chairwoman of the National Indian Gaming

11 Commission. With us we have our staff, Frank Quimby. Many

12 of you know him. He's walking around. Eric Schalansky our

13 regional director in the back. We also have Angela and --

14 MS. KIM: Kim.

15 MS. STEVENS: -- Kim out there who's been checking

16 everybody in. Additionally, we have Sarah Walters here,

17 furiously looking at that laptop there. She's a counselor to

18 the chairman. And next to Sarah is Eric Shepard, who is our

19 acting general counsel. To my left is Dan Little. And I'll

20 give him the microphone if you want to say anything.

21 MR. LITTLE: Right now?

22 MS. STEVENS: Yeah.

23 MR. LITTLE: Hello, everyone. Thank you for coming

24 today. I know it's a little before the CNIGA event. I want

25 to tell you I appreciate you coming out a little early and

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1 taking part in this meeting. So I want to welcome you all

2 and look forward to hearing any of your comments when we go

3 to the public comments section of the meeting. So thank

4 you.

5 MS. STEVENS: So just as a reminder, this Commission has

6 been holding public meetings at various parts of the country.

7 I think we've been to almost all the regions. And as a way

8 to -- especially for tribes and tribal regulators sort of see

9 inside of the agency and see what it is that we do and watch

10 us conduct some of the business that we're able to conduct at

11 the time that we have the meeting. And so we will be

12 discussing -- hopefully everybody has an agenda. There are

13 items on the agenda -- updates from our general counsel's

14 office and the other side of our house is the chief of

15 staff's office -- and those are some housekeeping things

16 we'll be doing. And also we'll be taking some actions as the

17 Commission.

18 You'll notice that Dan and I are the only ones

19 here. You may or may not know that former Vice Chair

20 Commissioner Steffani Cochran left our -- left the

21 Commission. She concluded her term at the beginning of

22 January -- been a month, it's been exactly a month -- for

23 really sweet deal to go home, because as many Indian people

24 know that when you're called home, guess where you're going?

25 You're going home. And she had the opportunity to go home

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1 and work for Pueblo Pojoaque in Santa Fe, and she's doing

2 that now as head of legal diversion there at the Pueblo. So

3 we are very thankful and grateful for her service to Indian

4 country and to the administration. She was a great partner

5 with us and so now she's standing on it till we fill that

6 position, but we are still a functioning commission until

7 that happens. So we'll be making some decisions today and

8 we'll be hearing from Eric and Sarah.

9 Now will be a good time to remind everybody that

10 this is public meeting and these proceedings are not intended

11 to include public comment or participation while getting

12 these updates. There will be public comments section at the

13 end of the agenda. You'll see that on your agenda towards

14 the end; it's No. 5. And if you wish to make comment to the

15 Commission or have any things you'd like to say on the

16 record, please feel free to sign up. We do have -- certainly

17 Eric is around, Frank is going to be back here helping a

18 transcriptionist, so if you have something you want to say,

19 you'll need state your name and where you're from; but if you

20 do want to make comments, you do need to sign up so we know

21 to call on you.

22 With that, we'll go ahead and start with the chief

23 of staff report and that will be delivered by counselor to

24 the chair, Sarah Walters, in lieu of the chief of staff,

25 Dawn Houle, who is stationed back at headquarters in DC.

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1 Sarah.

2 MS. WALTERS: Good afternoon, Chairwoman, Commissioner

3 Little.

4 I'd like to start by talking a little bit about our

5 training and technical assistance programs that we have had

6 throughout fiscal year 2012. I would like to start by

7 talking a little bit about our 2012 training statistics.

8 2012 saw a rise in training in technical assistance

9 opportunities from 2011. We had a total of 84 trainings

10 across all regions. The St. Paul region had a rise in

11 training; they did 22 trainings in 16 site-specific trainings

12 this year. Our training hours equalled 724.25 in fiscal year

13 2012, which trumps our 2011 numbers which were 659 training

14 hours. We had 2,013 attendees compared with 2011, which had

15 2,309 attendees. We hope to increase our training and

16 technical assistance in 2013. We are currently offering

17 training an technical assistance on our new fee regulations,

18 Part 514, and that training is available from our audits

19 division. Anyone wishing to receive training on Part 514 or

20 any other site-specific or regional training is welcomed to

21 sign up for training on our Web site at www.NIGC.gov.

22 Does the Commission have any questions regarding

23 training?

24 MS. STEVENS: I don't think so. I know we're gonna talk

25 at the end of agenda on the upcoming trainings for the

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1 regions and what else might be expected.

2 MS. WALTERS: I'd like next to move to our agency

3 operations review. I'd like to first start off with an

4 update on our strategic plan. We consulted on our draft

5 strategic plan earlier this year and late 2012. We have

6 submitted the draft strategy plan to the Commission for

7 review. OMB has extended the deadline to June of this year

8 and the final draft is ready for approval.

9 Next --

10 MS. STEVENS: Were we ready when they changed that date

11 for submission?

12 MS. WALTERS: Yes, we were.

13 MS. STEVENS: Do you know approximately how many

14 comments we received for that?

15 MS. WALTERS: We received approximately six comments.

16 MS. STEVENS: Six comments? Okay. And we held how many

17 consultations on the strategic plan?

18 MS. WALTERS: I believe we had two consultations on the

19 strategic plan.

20 MS. STEVENS: And our strategic plan encompasses our

21 initiatives?

22 MS. WALTERS: Yes, between the years 2014 and 2018; it

23 covers that four-year period. Our current strategic plan

24 that is in effect right now is scheduled to expire in 2015.

25 So this new strategic plan will overtake the current

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1 strategic plan.

2 MS. STEVENS: Okay. Thank you.

3 MS. WALTERS: Next I'd like to discuss our office move.

4 We have a draft tenant agreement submitted to GSA for

5 approval. Per our commission directive several years ago, we

6 have reached out to GSA for utilization of 8(a), Native

7 American contractors and vendors, during this process and we

8 are waiting to work with GSA to contract with 8(a)

9 contractors currently.

10 MS. STEVENS: Could you tell us more about when the

11 lease expires? And maybe we can have Dan talk a little

12 about, you know, what tribes can expect in the transition.

13 MS. WALTERS: Currently our lease expires in May of this

14 year. We expect to have an opportunity to stay in our

15 current lease space month to month after May of 2013 pending

16 the availability of our new space, which is -- which will be

17 located near Union Station on Capitol Hill. Our new location

18 will be convenient by metro and other means of transportation

19 to tribes and individuals seeking to visit the NIGC. Tribes

20 can expect that we will be in our new lease space before the

21 end of 2013, although currently we don't have a set date when

22 we are likely to move.

23 MR. LITTLE: If I could just add to that, Madam Chair,

24 because I worked on this a little bit. You know, when we

25 looked for space around the District of Columbia -- obviously

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1 the rental prices are very expensive there, and kind of

2 understanding in that we don't have a federal budget

3 appropriation, that the resources we rely on all come from

4 the regulating community tribe. So staying in that current

5 space was not an option; we had to relocate elsewhere that --

6 actually the landlord was not even soliciting a bid. So we

7 had to leave, did a thorough review of all existing space in

8 DC, including actually going back to the Department of

9 Interior, which turned out to be one of the most expensive

10 places in town. So did settle upon an area of Capitol Hill

11 near Union Station. Anybody familiar with that knows it's

12 probably a good convenient point for our employees but also

13 for the tribes. Generally when tribes come into the town,

14 they spend considerable amount of time on Capitol Hill

15 visiting with their members of congress or senators, so

16 actually probably be very convenient for them.

17 And then the other thing we really talked about

18 was -- and we are working with GSA and Department of the

19 Interior -- on being able to utilize qualifying Native

20 vendors for procuring any of the build out. We got raw space

21 that's going to require architecture, contractor, wires --

22 you name it -- everything to build out the space. And we're

23 in the process of preparing a package so that Native 8(a)

24 vendors can be contacted and asked to participate in the

25 bidding process, so that's where we are.

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1 MS. STEVENS: Okay. Again, that will -- that's

2 something that we'll be working on over the next -- during

3 this year and hope to have that completed. Again, we're

4 being mindful of the resources that come to us from tribes.

5 We're not an appropriated agency and making the best decision

6 we can with the funds that we have available to us. So we

7 certainly will give advance notice to tribes, you know, if --

8 when we get to the point when we move so that you all know

9 where we are, where to send your fees, where to contact us,

10 where to send your ordinances and all the things you need us

11 to do and how to contact us.

12 Go ahead, Sarah, with the next one, (b)iii, 2

13 (b)iii.

14 MS. WALTERS: Next I'd like to update you on our records

15 management issues within the agency operations. This has

16 been an ongoing initiative within the NIGC to update our

17 record management system and to prepare us for our move to

18 our new office space. We have submitted a request for

19 proposal to IBC for advertisement. Again, in this RFP we

20 have targeted 8(a) contractors to help with our records

21 management. We hope in our records management efforts to

22 utilize electronic sources of record management, which we

23 currently underutilize. And this also goes along with our

24 general IT update, which is ongoing as well.

25 MS. STEVENS: Did we miss the policies and procedures?

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1 I'm sorry.

2 MS. WALTERS: Oh, yeah. Pardon me.

3 MS. STEVENS: That's okay. Yeah.

4 MS. WALTERS: We have a number of policy updates that

5 are ready for approval for the Commission. Our time and

6 attendance policy, nursing mothers program policy, telework

7 policy, charge card policy and reasonable accommodation

8 policy are all prepared to be approved by the Commission

9 today at your discretion.

10 MS. STEVENS: We'll put that in new business.

11 MS. WALTERS: Would you like me to discuss any policies

12 right now or should we wait for new business?

13 MS. STEVENS: We'll wait.

14 MS. WALTERS: Next I'd like to update you on our

15 staffing. We have a number of current vacancies within the

16 agency and a number of tentative offers that have been made

17 to director of Public and Congressional Affairs and that

18 individual will start on February 11th; we've made a

19 tentative offer to a deputy chief of staff, which -- who will

20 also hopefully start in February; we've made a tentative

21 offer to a regional administrative assistant in Oklahoma

22 starting in February; and we are in the final interview stage

23 for a training manager/director.

24 Preliminary offer, or a tentative offer as I've

25 said, is an offer that the agency has made pending a

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1 background investigation and approval after background

2 investigation. We also have current openings at the agency.

3 We have a financial specialist opening, which closes on

4 February 14th of this year; we have a director of clients

5 opening, which closes on February 14th of this year; a

6 financial administrative assistant that closes on

7 February 8th of this year; and an IT auditor, and that

8 position is located in our Tulsa, Oklahoma regional office,

9 and that closes also on February 14th. The other positions

10 are all out of our DC headquarters office. These openings

11 can be found on our Web site, NIGC.gov, which takes you to

12 the USA jobs Web site, which is USAjobs.gov.

13 I'd like to cover a little bit about our new fee

14 regulations and worksheet. Today the NIGC has published on

15 its Web site a new fee worksheet as well as a new preliminary

16 fee bulletin for March 2013. As you know, the NIGC has

17 amended its fee regulations, effective October 1st, 2012.

18 The amended regulation applies to the fee payment worksheet

19 submission starting January 1st of this year. The revised

20 sample fee worksheet to be used for the quarterly fee payment

21 calculations has been completed by NIGC staff and, as I

22 mentioned, is or will be published on the NIGC Web site this

23 week.

24 Along with the fee worksheet, we have also

25 published a bulletin that will provide guidance on how to

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1 calculate fees under the new fee schedule, which is quarterly

2 fee payments as opposed to biannual fee payments which the

3 NIGC had before. Any questions can be directed to our

4 director of finance. Currently our bulletin and worksheet

5 call for submissions to be made to our controller. However,

6 that position under our new agency structure does not exist

7 currently, so any submissions can be made to our director of

8 finance.

9 Unless the Commission has any questions, this

10 concludes the chief of staff report.

11 MS. STEVENS: No, I don't have any other questions, I

12 just want to remind everyone that we are doing trainings on

13 the new fee regulations and our staff is always available

14 should you have questions. One of the reasons we posted this

15 bulletin, this guidance and new worksheet, was because we

16 were getting a lot of questions about the new fee regulation.

17 So in an effort to be helpful and just provide -- based on

18 questions that we were getting, provide information that most

19 everyone was seeking, put it on our Web site. But if that

20 still isn't enough, be sure to call and, again, we are doing

21 some of the training for that.

22 So with that, I'll turn over to Eric Shepard, who's

23 our acting general counsel, for general counsel's report.

24 MR. SHEPARD: Good afternoon, Chairwoman, Commissioner.

25 Just gonna run through a number of the regulations

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1 that became final in the past year. As I think everyone is

2 aware, that Commission's gone through a lengthy review

3 process and a number of those regulations became finalized

4 and are even now in effect or are going to be in effect

5 shortly.

6 Part 502, which was some changes to the definition

7 section, those were effective October 24th. Part 514, which

8 Sarah discussed quite a bit, the new fee regulations, those

9 were effective October 1st; payments on quarterly basis

10 started January 1st of this year. Part 537, background

11 investigations, the amendments became effective

12 September 10th, 2012. Part 543, the minimum internal control

13 standards for Class II gaming, became effective October 22nd.

14 Part 547, the minimum technical standards for Class II gaming

15 systems and equipment, became effective October 22nd. Parts

16 556 and Parts 558, will -- tribal background investigation

17 and regulations -- they will be effective on February 25th,

18 2013. Part 559, facility license notification submissions,

19 became effective on October 24th. Part 571, monitoring and

20 investigations, became effective on September 10th. Part

21 573, compliance and enforcement, became -- becomes effective

22 on February 6th, on Wednesday. And there are number of

23 amendments to the appeals regulations, Sub Part A -- all

24 those became effective on October 25th, 2012.

25 We are in the process of updating all of our

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1 regional training programs to include the new regulations.

2 We have had number of requests for training from OGC that

3 includes the new updated regulations. We're also available

4 to answer questions on the new regulations.

5 MS. STEVENS: Will we be putting anything on the Web

6 site summarizing these?

7 MR. SHEPARD: We have a summary that I believe is on the

8 Web site today that's a detailed charge showing each

9 regulation and what changes were made during the course of

10 the regular review process.

11 MS. STEVENS: Great.

12 MR. SHEPARD: In addition, we have two notices of

13 proposed rulemaking for consideration by the Commission. The

14 first is to Part 543, which Part 543, when we amended Part

15 543 -- Commission amended Part 543 earlier this year, we made

16 number of changes to the minimum control standards. This

17 NPRM would add standards for drop and count and surveillance

18 of kiosks. Also Part 547 -- Part 543 and Part 547 were

19 promulgated at the same time by the Commission.

20 Unfortunately, they included two different charitable gaming

21 exemptions, and this amendment simply makes 547 match

22 543's $3,000,000 charitable gaming exemption. Again, those

23 are going out for as -- NPRM as notices for proposal-making

24 and comments be accepted on those if the Commission publishes

25 it.

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1 Finally, our consultation policy is in the process

2 of being redrafted. Commission consulted on consultation

3 policy initially in 2011. We've gone back in response to

4 some of those comments and made it more straightforward,

5 simplified, easier to use. That draft is under consideration

6 by the Commission currently.

7 MS. STEVENS: Could you tell us -- and maybe this is

8 something that Sarah can also help with -- for the notices

9 and proposed rule and the consultation policy, what -- when

10 do you expect some processes to kick in place for the tribes

11 to pay attention and see when we will be consulting on those

12 notices of proposal and the draft consultation policy?

13 MR. SHEPARD: The NPRM needs to be posted on the federal

14 register, it also will be posted on the NIGC Web site --

15 that's the notice of proposed rulemaking -- as will the draft

16 consultation policy when it goes out for public comment. The

17 Commission, as I understand it, tends to hold two

18 consultation dates on both the NPRM and the consultation

19 policy and they are March 15th in Tulsa and the last week of

20 March -- I don't have exact date -- at NIGA in Phoenix.

21 MS. WALTERS: We expect to publish the notices and

22 proposed rule no later than third week of February, which

23 would provide the tribes an opportunity to review and comment

24 prior to consultation as well as at the consultation to be

25 held in March. The draft consultation policy, while it's not

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1 part of the formal rulemaking process so will not be

2 published in the federal register, will be available on our

3 Web site at the same time at www.NIGC.gov and tribes have an

4 opportunity to review and comment prior to those

5 consultations as well as at those consultation meetings.

6 MS. STEVENS: And will you be sure to give advance

7 notice prior to even the notice of proposed rule going out?

8 MS. WALTERS: Yes, yes, we will.

9 Tribes will have an opportunity to receive a copy

10 of those notices and proposed rule prior to them being

11 published in the federal register as well as 30 days notice

12 prior to consultations.

13 MS. STEVENS: That goes along with our effort to advise

14 tribes in advance that we intend to do a rulemaking. These

15 rules in particular are not particularly challenging, they're

16 not controversial; they're just some clean-ups that need to

17 be done to 543 and 547. But we'll, you know, want to make

18 sure that people can plan accordingly. We're going to go to

19 areas where there's a lot of interest in these particular

20 rules but also to a very widely attended gathering at the

21 National Indian Association annual trade show where a lot of

22 people usually are. So we'll give 60 days to comment as

23 usual.

24 Okay. And is that it from the general counsel?

25 MR. SHEPARD: Yes.

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1 MS. STEVENS: Okay. We'll go ahead and move on to new

2 business. It's No. 4 on our agenda. We have agency policies

3 and procedures up for adoption. We have items on the table

4 up for adoption.

5 First on the list is time, attendance and leave,

6 our internal policy.

7 Do I have a motion to approve?

8 MR. LITTLE: I make a motion to approve.

9 MS. STEVENS: I will second.

10 There's a motion on the table and second to adopt

11 the time, attendance and leave policy. Is there a

12 discussion?

13 MR. LITTLE: I request that Ms. Walters do a brief

14 explanation of the policy.

15 MS. STEVENS: No objection.

16 Please proceed with your briefing.

17 MS. WALTERS: Thank you.

18 The time, attendance and leave policy has been

19 updated from the 1996 approved policy, which covered limited

20 leave and attendance and was part of the Office of the Chief

21 of Staff. The policy of the National Indian Gaming

22 Commission is to provide basis for pay and leave

23 administration and to administer hours of duty according to

24 the appropriate law and regulations. This policy provides

25 further guidance to these processes for the accurate

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1 recording and recording of employee time and attendance and

2 for the proper use and accounting of different types of

3 leave, including family friendly leave, available to

4 employees. This policy is not intended to cover every aspect

5 NIGC's leave administration. BSEE, which is NIGC's human

6 resources provider, and the NIGC's Office of General Counsel

7 has reviewed and provided comments on this policy which were

8 taken into the consideration when updating the policy.

9 MS. STEVENS: Thank you, Sarah.

10 So the question before the Commission on the

11 adoption of the time, attendance and leave policy -- so the

12 question before the Commission is the adoption of the time,

13 attendance and leave policy.

14 Those in favor of the adoption of the policy say I.

15 MR. LITTLE: I.

16 MS. STEVENS: I.

17 Those opposed say no.

18 Motion is adopted. We'll adopt the time,

19 attendance and leave policy.

20 Next on the table for adoption is the telework

21 policy.

22 Do I have a motion to approve?

23 MR. LITTLE: So move.

24 MS. STEVENS: And I will second.

25 There's a motion on the table and second to adopt

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1 the telework policy. Is there a discussion?

2 MR. LITTLE: Madam Chair, I once again request

3 Ms. Walters briefly explain the policy.

4 MS. STEVENS: Hearing no objection, please proceed,

5 Ms. Walters.

6 MS. WALTERS: This policy is another updated policy from

7 June 2011 approved telework policy. It is a policy of the

8 National Indian Gaming Commission to facilitate telework

9 arrangements for its employees serving in eligible positions

10 when such arrangements are beneficial to the NIGC in terms of

11 quality of work, productivity and timeliness of performance.

12 Telework is a voluntary, flexible work arrangement under

13 which an employee performs his or her positions, officially

14 assigned duties and responsibilities, as well as other

15 authorized activities from an approved work site other than

16 the location from which the employee would otherwise work.

17 In other words, they don't work in the office; they work at

18 home. The policy provides further guidance to these

19 processes. NIGC's human resources provider and NIGC's office

20 of general counsel has reviewed and provided comments on this

21 policy which were taken into consideration when updating the

22 policy.

23 MS. STEVENS: Just to clarify, this is practice of not

24 just this administration through executive orders but it's

25 been over several administrations; is that not correct?

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1 MS. WALTERS: Yes. And it is -- it -- it's an across

2 the federal government initiative to increase efficiency and

3 maximize resources.

4 MS. STEVENS: Okay. If I recall, it started in, like,

5 the 90s, then there was one executive order in 2000 and 2006

6 and then 2000 -- recently 2009 or '10.

7 MS. WALTERS: Yes. Essentially ever since employees had

8 the capability with the Internet and computers to telework

9 there's been executive orders in place to afford for that.

10 MS. STEVENS: So to reduce also the number of people on

11 the roads.

12 So okay. So the question before the Commission is

13 the adoption of the telework policy.

14 Those in favor of the adoption of this policy

15 please say I.

16 MR. LITTLE: I.

17 MS. STEVENS: I.

18 Those opposed say no.

19 The motion is adopted. We'll put that in effect

20 the telework policy.

21 The next on the list is nursing mothers program.

22 Do I have a motion to approve?

23 MR. LITTLE: So move.

24 MS. STEVENS: I second.

25 There is a motion on the table and second to adopt

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1 the nursing mothers program. Is there a discussion?

2 MR. LITTLE: Madam Chair, I request Ms. Walters explain

3 this policy again.

4 MS. STEVENS: There is no objection.

5 Please proceed.

6 MS. WALTERS: This is a new policy of the agency.

7 Again, this is a federal government-wide initiative to

8 provide support to federal employees, and specifically those

9 employees of the National Indian Gaming Commission, who are

10 pregnant or breastfeeding and to provide a healthy work life

11 balance. Due to limited resource and limited space in many

12 of the NIGC regional and satellite offices, the nursing

13 mothers program will be fully implemented in the NIGC

14 headquarters office in Washington DC. Elsewhere in NIGC's

15 regional and satellite offices, this program will be

16 implemented to the fullest extent practical. The policy

17 provides further guidance to these processes, covering

18 responsibilities and break times that facilitates the needs

19 of nursing mothers. Our human resources provider and NIGC's

20 office of general counsel have reviewed and provided comments

21 on this policy which were taken into consideration when

22 updating this policy.

23 MS. STEVENS: Any questions?

24 MR. LITTLE: No.

25 MS. STEVENS: Okay. Those in favor of the adoption of

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1 this policy say I.

2 MR. LITTLE: I.

3 MS. STEVENS: I.

4 Those opposed say no.

5 The motion is adopted and we'll adopt the nursing

6 mothers program.

7 Next up is the procedures for providing reasonable

8 accommodations for those individuals with disabilities.

9 Do I have a motion to approve?

10 MR. LITTLE: So move.

11 MS. STEVENS: I second.

12 There's a motion on the table and a second to adopt

13 the procedures for providing reasonable accommodation for

14 individuals with disabilities.

15 Is there a discussion?

16 MR. LITTLE: Madam Chair, I'd request that Ms. Walters

17 briefly explain the policy.

18 MS. STEVENS: Hearing no objection, please proceed.

19 MS. WALTERS: This policy has been updated from the 2009

20 approved policy and modified based on the EEOC internal

21 policy. Executive Order 13164 requires all government

22 agencies to establish procedures for processing requests for

23 reasonable accommodation. The NIGC is committed to providing

24 reasonable accommodation to its employees and applicants for

25 employment to ensure that individuals with disabilities enjoy

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1 equal access to all employment opportunities. The policy

2 provides further guidance for providing reasonable

3 accommodation by outlining procedures for types of

4 accommodations, responsibilities and requesting and

5 processing reasonable accommodations, including requests for

6 reconsideration and reporting. The NIGC's office of general

7 counsel has reviewed and provided comments on this policy

8 which were taken into consideration when updating the policy.

9 Once approved, this policy will be sent to the Equal

10 Employment Opportunity Commission for its approval.

11 MS. STEVENS: Thank you.

12 Any questions?

13 MR. LITTLE: No questions here.

14 MS. STEVENS: Okay. The question for the Commission is

15 the adoption of procedures for providing reasonable

16 accommodations for individuals with disabilities policy.

17 Those in favor of the adoption of the policy please

18 say I.

19 MR. LITTLE: I.

20 MS. STEVENS: I.

21 Those opposed say no.

22 The motion is adopted.

23 Lastly, we have the government charge card program

24 policy.

25 Do I have a motion to approve?

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1 MR. LITTLE: So move.

2 MS. STEVENS: And I second.

3 There's a motion on the table and second to adopt

4 the government charge card program policy.

5 Is there any discussion?

6 MR. LITTLE: Madam Chair, I would once again request

7 Ms. Walters briefly explain the policy.

8 MS. WALTERS: This is also a new policy for the agency.

9 Prior to this policy, the NIGC was following the Department

10 of the Interior interim integrated charge card program policy

11 manual and related guidance. Try saying that ten times fast.

12 The NIGC has charge cards for its travel, purchase and fleet

13 line programs. The guidelines contained in this policy are

14 designed to ensure sound policy management and internal

15 controls and to define allowable charge card use and

16 limitations. Purchase charge cards, travel charge -- cards

17 with essentially billed transactions -- and fleet charge

18 cards entail US government liability -- in other words,

19 NIGC's responsibly for payment. Travel charge cards with

20 individually billed transactions entail individual

21 liability -- in other words, the cardholder individual is

22 responsibly for payment.

23 This policy provides further guidance covering

24 eligibility, definitions, responsibilities, general

25 administration, government travel charge card procedures,

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1 government purchase card procedures, government fleet charge

2 card procedures and guidelines for using the purchase card

3 over the Internet. Our human resources provider and NIGC's

4 office of general counsel have reviewed and provided comments

5 to this policy which were taken into consideration when

6 creating this policy.

7 MS. STEVENS: Thank you.

8 Do you have any questions?

9 MR. LITTLE: No questions.

10 MS. STEVENS: Part of those policies certainly would be

11 limits; correct?

12 MS. WALTERS: Yes.

13 MS. STEVENS: Okay. So the question before the

14 Commission is the adoption of the government charge card

15 program policy.

16 Those in favor of the adoption of this policy

17 please say I.

18 MR. LITTLE: I.

19 MS. STEVENS: I.

20 Those opposed say no.

21 The motion is adopted. The government charge card

22 program policy is now adopted by the NIGC.

23 I don't think we have anything more in terms of new

24 business. What we do have next is public comment.

25 Do we have anyone who signed in for public comment

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1 to address the Commission? Does anyone have a list?

2 MR. LITTLE: There was the list on the table. Eric,

3 could you see if maybe out front they had that.

4 MS. STEVENS: We'll just pause for a commercial break

5 while we grab the list.

6 MS. WALTERS: While we have a moment, Chairwoman, I

7 would like to speak to a few of our upcoming regional

8 trainings for informational purposes.

9 MS. STEVENS: Could we wait until we get to

10 announcements? I do have a question for the acting general

11 counsel. Maybe he can give us quick update.

12 Before we move to public comment, can you give us

13 an update on records retention? I know it's been an issue

14 that we've battled around for about two and a half years.

15 MR. SHEPARD: I know that the Commission is working to

16 put together a contract with -- did Sarah cover that?

17 MR. LITTLE: You know, I think we were talking about the

18 record -- type of records that we retained, we were trying to

19 change the record schedule with the National Archive.

20 MR. SHEPARD: We had some success at updating our record

21 schedule, particularly, to clarify, that tribal audits and

22 our reports that come to us are confidential business

23 information; they should be destroyed on a schedule. I think

24 it's a seven-year schedule. The number escaped me at the

25 moment.

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1 MS. STEVENS: So we have worked that out --

2 MR. SHEPARD: We worked that out with NARA.

3 MS. STEVENS: -- with the archivist and we're set to

4 move forward with changing the status of our records, those

5 types of records from us -- the tribal office and financial

6 information -- to be temporary and not permanent; correct?

7 MR. SHEPARD: Right, those are no longer permanent files

8 of the NIGC.

9 MS. STEVENS: Yeah.

10 MR. LITTLE: I just want to thank you guys on that. I

11 know it's been tough. I think it was a very first issue that

12 I consulted on. Thing we talked about was revising this

13 record retention schedule. The previous director of audits

14 had commented we retain these financial audits and financial

15 submissions from the tribes that had absolutely no long-term

16 need, yet they were being submitted to the National Archivist

17 and put in permanent record, so I'm really happy to say these

18 will no longer be there and they'll be destroyed. So thanks

19 for the hard work on that. I know it's not been easy. You'd

20 think it'd be something that's easy, but it's not; so I

21 appreciate your work. Thank you.

22 MS. STEVENS: I want to thank the general counsel staff

23 who has been working on that issue since Dan arrived almost

24 three years ago and we have been successful. So thanks for

25 the update.

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1 And did we have someone that wanted to make public

2 comment.

3 MR. MAZZETTI: I have -- I had a --

4 MS. STEVENS: Do you have a -- we have microphones if

5 you want to come up or -- Eric, if you want to -- there's two

6 Erics. There's like one Eric and two Erics, so not sure they

7 know who I'm talking to.

8 You can state your name.

9 And what I do want to say before you begin, you

10 know, it's intended for individuals to be able to make brief

11 comments or statements to the Commission on current issues

12 that are within the jurisdiction of the NIGC. Not generally

13 an open-forum/debate setting. We may or may not address your

14 issue if we -- you know, depends on what the issue is.

15 But, again, please state your name and who you

16 represent.

17 MR. MAZZETTI: Ed Mazzetti, Rincon, Rincon Gaming

18 Commission. I know you guys do Class II. My understanding

19 is if a tribe was a Class III tribe invites you to oversee

20 them and it -- at that point do you guys have any mix for

21 Class III or not? Or are you gonna develop it?

22 MS. STEVENS: Well, we currently -- currently on -- on

23 the books it's Part 542, and I may look to our general

24 counsel on this at the moment. Oh, you lost your microphone.

25 We need your -- we have 542 that is in place at this time.

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1 And I know a number of tribes are working on that.

2 If you wanted to add to what I'm saying.

3 MR. SHEPARD: Yeah. A number of the California

4 tribes -- and I think everyone is familiar with this, with

5 CGCC8 where they have looked to the NIGC to have a role in

6 Class III gaming, have done that by many new ordinances and

7 have the NIGC enforce the tribal TICS rather than 542 per se.

8 MS. STEVENS: So that is one mechanism that tribes are

9 using, in particular in California, which is rewriting their

10 ordinances to name the NIGC as having enforcement authority

11 over the Class III.

12 MR. MAZZETTI: So everything would be under that 542,

13 the one that you guys have been working on that?

14 MR. SHEPARD: 542 was -- was up for revision as part of

15 the rate review process. It's not one that has been

16 completed yet, so there haven't been any new updates to 542.

17 And for now in California the tribes that have asked have the

18 agency enforce --

19 MR. MAZZETTI: Do I understand you right, it's not

20 completed? Because I know last year in February about this

21 time you guys had a big meeting down there in Palm Springs

22 and we were going through a lot of that -- like 542, 543,

23 547 -- all of those. So is 542 still in the works then?

24 It's not been completed? Or am I not hearing you?

25 MR. SHEPARD: That's -- I think that's correct.

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1 Essentially it's on the list of rights we looked at in the

2 right review process, but it has not been put into final

3 form.

4 MS. STEVENS: It hasn't been updated, still under

5 consideration by the Commission. And going back to -- and

6 maybe folks didn't hear what Eric had said: For the tribes

7 that are in that right us into their ordinances as having the

8 authority over their TICS, so their Tribal Internal Control,

9 Class III -- it's for their TICS. 542 is still on the books

10 and some tribes are still using those. And so they're still

11 in existence and some tribes are still using them, especially

12 with the transition into 543, because that was the only thing

13 that was out there for 542 and 543. So with a compliance

14 date that's set out into 2014, we know a number of tribes

15 still use 542; so we are considering what our -- you know,

16 what the options are for 542. So it's still under

17 consideration.

18 MR. MAZZETTI: If it's still under consideration, is

19 there still gonna be a meeting time for comments?

20 MS. STEVENS: We haven't done any official rulemaking or

21 anything. We -- we've talked about it as an option. There

22 are many regulations in a regulatory review that we

23 discussed. Some of them went forward more quickly for

24 purposes of time really, the ones that needed to be addressed

25 right away, like fees, 547, um, those that needed immediate

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1 attention in our eyes and what was recommended to us by the

2 tribes. So there's certainly going to be -- if there's

3 anything done, we're going to go through that same process

4 again, which will involve tribal comment.

5 Yes, Norm?

6 MR. DES ROSIERS: Norm DesRosiers, Commissioner of

7 San Manuel. Thank you, Madam Chair. You probably will be

8 relieved to hear I have no comments. I just have a couple

9 questions for clarification on some of the things on your

10 agenda. Item 2(c) on the fees, did I understand the

11 allowance for quarterly payments, is that now an option in

12 addition to semiannual or a requirement instead of?

13 MS. WALTERS: 514 changes the fee structure from

14 biannual rule to quarterly. If a tribe wishes to, for

15 instance, pay all of its fees at the beginning of the year,

16 it still has an opportunity to do that. But the requirement

17 is quarterly payments. And our bulletin, which should be on

18 the Web site, if not today, tomorrow, explains how that will

19 work, including an answer to your question about the biannual

20 versus quarterly fee payments.

21 MR. DES ROSIERS: Thank you. So if you want to pay in

22 advance half-year, can you do that too?

23 MR. LITTLE: Yeah, we encourage you to do so, Norm.

24 Thank you very, very much.

25 MR. DES ROSIERS: Believe it or not, it's more

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1 convenient to do.

2 MS. STEVENS: Actually, we have a lot of tribes that do

3 that. It's more convenient for many tribes to do it all at

4 once.

5 MR. DES ROSIERS: The 3(c), the consultation dates for

6 notices of proposed rulemaking, are those dates that relate

7 to (a)ii, 3(a)ii? Is that what that --

8 MR. SHEPARD: Yeah, the same dates for consultation on

9 the consultation policy as well as NPRM.

10 MS. WALTERS: And I would like to note that those will

11 be shorter consultations. They will not be the all-day

12 consultations that we had during the review of other

13 regulations, such as full 543 and 527. These will likely be

14 two-hour consultations.

15 MR. DES ROSIERS: Did I -- I hear you moved to Union

16 Station. Did I hear you are say it starts in May?

17 MS. WALTERS: The lease in our current office building

18 is -- currently expires in May, at which time we'll have the

19 opportunity to continue there on a month-to-month basis up

20 until the time where our new leased space will be ready. So

21 we're not quite sure exactly when that will be, but sometime

22 in 2013.

23 MR. LITTLE: Probably sometime in the fall.

24 MR. DES ROSIERS: We get lots more square foot, huh?

25 MS. STEVENS: It's -- it's -- it's better square

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1 footage, it's a better layout.

2 MR. LITTLE: All one floor.

3 MR. DES ROSIERS: That's all I have. Thank you very

4 much.

5 MS. SULLIVAN: Good afternoon. Jan Sullivan with

6 Cabazon Tribal Gaming Commission. And, Madam Chairwoman, I'm

7 referring back to 542. Do you anticipate beginning that

8 review or opening up for sessions with the tribes during 2013

9 or is it going to be more into 2014?

10 MS. STEVENS: Honestly, I don't think we can say at this

11 time with 543 having just come out and with the compliance

12 date of 543 into April of 2014; we're over a year out on

13 that. So I -- honestly, I couldn't say at this time. I

14 would hate to say -- give you a date and then not have it

15 realized. But I will say, as has been a practice of this

16 Commission, we give advanced notice. We're gonna involve

17 tribes early on and, you know, go through the process like we

18 have in the past.

19 MS. SULLIVAN: So there will be a tribal advisory

20 committee formed or not?

21 MS. STEVENS: That we don't know. I mean, it just

22 depends on what the timing's like and, you know, those

23 factors. We haven't really gotten that far. We're taking a

24 breather on the rates. We just got done and trying to get

25 everybody on board and in compliance with these regulations

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1 for now, but we will keep everybody informed. I didn't want

2 to overcommit whether we do or do not have a TAC, a tribal

3 advisory committee. We hadn't planned that far. That

4 wouldn't be fair for me to make a commitment when we don't

5 know whether we're gonna do that or not, but let you know in

6 advance --

7 MS. SULLIVAN: Thank you.

8 MS. STEVENS: -- in advance like we always do.

9 You're welcome.

10 Any other questions? Thank you. If -- well, thank

11 you very much. I always enjoy the public comment part.

12 If there are no other public comments, we'll move

13 to Item 6, announcements and adjournment. I'll turn it back

14 over to Ms. Walters who can tell us about upcoming training

15 dates.

16 MS. WALTERS: We have a number of regional trainings

17 coming up. Two in February, one on February 12th to 13th in

18 the Sacramento region at Nu Wvi tribal offices; we have

19 another one in Oklahoma City region February 19th to the 21st

20 at -- in Shawnee, Oklahoma at Grand Casino; we have a Phoenix

21 regional training from March 5th to the 7th at Ohkay Casino

22 Resort in New Mexico; and then we have three trainings in

23 April, one in the Tulsa region, April 2nd to the 4th, Peoria

24 Tribe Casino; we have an Oklahoma City regional training

25 April 3rd to the 11th -- excuse me -- 9th to the 11th at

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1 River Wind Casino in Oklahoma; and another Sacramento

2 regional training, April 23rd to 25th at the United Auburn

3 Thunder Valley Casino.

4 MS. STEVENS: Okay. Well, thank you for updates on

5 training.

6 Again, all of this information can be found on our

7 Web site at NIGC.gov. There's a "technical assistance and

8 training" tab on your left and it shows all of our training

9 dates. You can also register online, can also request

10 training under that tab as well. So you can find that

11 information there, you can find the information on our

12 strategic plan and any news when we do move forward with our

13 notices of proposed rule for those sections. But we will

14 certainly give you any advance noticed before those are

15 released out of the federal register. And we'll be doing

16 consultations in March on those notices of proposed rules as

17 well as on a new draft consultation policy that you can also

18 find on our Web site, but we will also send out as well.

19 Next public meeting, we've had to talk about when

20 that will be and where it will be. Again, we are trying to

21 cover all of the regions. Think we've been to Florida.

22 We've been everywhere. The one we haven't been to yet is

23 Northwest. So, again, we try to go to areas where there's a

24 widely attended gathering like there is this week here at

25 Morongo. So we'll consider where that might next one --

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1 where the next one would be in the Northwest and we'll

2 certainly post that again, do a press release and do

3 announcements for those interested in attending.

4 Dan, anything you'd like to say in closing?

5 MR. LITTLE: Sure. I just want to thank the office of

6 general counsel and chief of staff's office for continuing to

7 move along all these agenda items. I know we talk about

8 these things and it's easy in our positions to say, "Do this"

9 and "Do that," but you guys are actually implementing all

10 these programs and following through and some of these are

11 difficult. And I really want to pass my conveyance along to

12 all of your staff that thanks for the hard work and keeping

13 up.

14 I also want to thank all the tribal leaders and

15 tribal representatives that attended here today. There's not

16 a lot of highly interesting stuff, but you get to see things

17 we get to deal with. We're not only, you know, assisting in

18 the regulation of the industry but we're also managing an

19 agency and all of the things that go along with that that you

20 all do with your -- with the agencies you all manage and the

21 tribes you all manage.

22 Then one last final thank you to the local staff

23 that are manning the table out front and also helping in the

24 back. So thank you all.

25 MS. STEVENS: Okay. I also want to thank our staff

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1 here. We cannot do any of these meetings in the field

2 without their support. They always do a fabulous job of

3 getting us prepared and making sure that your meeting with us

4 is also very warm and welcoming. So thank you. My hands up

5 to the staff.

6 Also I want to thank the Morongo tribe for their

7 gracious hosting as always. I want to thank each every one

8 of you for attending today. It's actually really good

9 turnout. And we hope that we see you; we're gonna be here

10 for the conference through Wednesday afternoon. And for

11 those of you going to the golf tournament, best of luck to

12 you. May the wind be at your back.

13 And we will adjourn for today. Thank you very

14 much.

15 (Hearing adjourned at 3:12 p.m.)

16

17

18

19

20

21

22

23

24

25

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&

& 4:4

1

10 23:6

10th 16:12,20

11th 13:18 37:25,25

12430 1:18

12th 37:17

13164 25:21

13th 37:17

14th 14:4,5,9

15th 18:19

16 8:11

1996 20:19

19th 37:19

1st 14:17,19 16:9,10

2

2 12:12 34:10

2,013 8:14

2,309 8:15

2000 23:5,6

2006 23:5

2009 23:6 25:19

2011 8:9,13,14 18:3

22:7

2012 8:6,7,8,13 9:5

14:17 16:12,24

2013 1:10 5:1,8 8:16

10:15,21 14:16

16:18 35:22 36:8

2014 9:22 33:14

36:9,12

2015 9:24

2018 9:22

21st 37:19

22 8:11

22nd 16:13,15

23rd 38:2

24th 16:7,19

25th 16:17,24 38:2

2:13 1:11

2nd 37:23

3

3 35:5,7

3,000,000 17:22

30 19:11

3:12 1:11 40:15

3rd 37:25

4

4 1:10 5:1 20:2

4th 37:23

5

5 7:14

502 16:6

514 8:18,19 16:7

34:13

527 35:13

537 16:10

542 31:23,25 32:7

32:12,14,16,22,23

33:9,13,15,16 36:7

543 16:12 17:14,14

17:15,15,18 19:17

32:22 33:12,13

35:13 36:11,12

543's 17:22

547 16:14 17:18,18

17:21 19:17 32:23

33:25

556 16:16

558 16:16

559 16:18

571 16:19

573 16:21

5th 37:21

6

6 37:13

60 19:22

659 8:13

6th 16:22

7

724.25 8:12

7th 37:21

8

8 10:6,8 11:23 12:20

84 8:9

8th 14:7

9

90s 23:5

92230 1:9

9th 37:25

a

able 6:10 11:19

31:10

abraham 3:13

absolutely 30:15

accepted 17:24

access 26:1

accommodation

13:7 25:13,23,24

26:3

accommodations

25:8 26:4,5,16

accounting 21:2

accurate 20:25

acting 5:19 15:23

29:10

actions 6:16

activities 22:15

adam 4:4

add 10:23 17:17

32:2

addition 17:12

34:12

additionally 5:16

address 29:1 31:13

addressed 33:24

adjourn 40:13

adjourned 40:15

adjournment 37:13

administer 20:23

administration 7:4

20:23 21:5 22:24

27:25

administrations

22:25

administrative

13:21 14:6

adopt 20:10 21:18

21:25 23:25 25:5,12

27:3

adopted 21:18 23:19

25:5 26:22 28:21,22

adoption 20:3,4

21:11,12,14,20

23:13,14 24:25

26:15,17 28:14,16

advance 12:7 19:6

19:14 34:22 37:6,8

38:14

advanced 36:16

advertisement

12:19

advise 19:13

advisory 36:19 37:3

affairs 13:17

afford 23:9

afternoon 5:5,6 8:2

15:24 36:5 40:10

agencies 25:22

39:20

agency 6:9 9:2 12:5

12:15 13:16,25 14:2

15:6 20:2 24:6 27:8

32:18 39:19

agenda 6:12,13 7:13

7:13 8:25 20:2

34:10 39:7

ago 10:5 30:24

agreement 10:4

agua 3:19

ahead 7:22 12:12

20:1

allowable 27:15

allowance 34:11

amee 1:17

amended 14:17,18

17:14,15

amendment 17:21

amendments 16:11

16:23

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american 10:7

amount 11:14

andrew 2:18

angela 5:13

announcements

29:10 37:13 39:3

annual 19:21

answer 17:4 34:19

anticipate 36:7

anybody 11:11

appeals 16:23

appearances 2:1 3:1

4:1

applicants 25:24

applies 14:18

appreciate 5:25

30:21

appropriate 20:24

appropriated 12:5

appropriation 11:3

approval 9:8 10:5

13:5 14:1 26:10

approve 20:7,8

21:22 23:22 25:9

26:25

approved 13:8

20:19 22:7,15 25:20

26:9

approximately 9:13

9:15

april 36:12 37:23,23

37:25 38:2

architecture 11:21

archive 29:19

archivist 30:3,16

area 11:10

areas 19:19 38:23

arrangement 22:12

arrangements 22:9

22:10

arrived 30:23

asked 11:24 32:17

aspect 21:4

assigned 22:14

assistance 8:5,8,16

8:17 38:7

assistant 13:21 14:6

assisting 39:17

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