1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 Petition of Adamar of New Jersey, Inc., (Adamar) 6 for renewal of its casino license and other matters 7 (PRN 2140705, 2910706, 2910708) 8 Volume 5 - PM Session 9 - - - - - - - - - - - - - - - - - - - 10 11 Thursday, November 29, 2007 12 Atlantic City Commission Offices 13 Joseph P. Lordi Public Meeting Room - First Floor 14 Tennessee Avenue and Boardwalk 15 Atlantic City, New Jersey 08401 16 4:23 p.m. to 5:30 p.m. 17 18 19 Certified Court Reporter: Darlene Sillitoe 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - 21 ATLANTIC CITY COURT REPORTING, LLC 22 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 23 1125 ATLANTIC AVENUE, SUITE 416 24 ATLANTIC CITY, NEW JERSEY 08401 25 (609) 345-8448 www.accourtreporting.com 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 MICHAEL A. FEDORKO, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 RALPH G. FRULIO, COMMISSIONER WILLIAM T. SOMMELING, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE SECRETARY 9 LEONARD J. DIGIACOMO, ASSISTANT GENERAL COUNSEL STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL 10 11 12 A P P E A R A N C E S : 13 DIVISION OF GAMING ENFORCEMENT: 14 YVONNE G. MAHER, ACTING DIRECTOR MARYJO FLAHERTY, DEPUTY ATTORNEY GENERAL 15 16 STERNS & WEINROTH, PC BY: PAUL M. O'GARA, ESQ: 17 AND: GRAIG P. CORVELEYN, ESQ. FOR: TROPICANA ENTITIES 18 MICHAEL & CARROLL 19 BY: GUY S. MICHAEL, ESQ 20 21 22 23 24 25 3 1 I N D E X : 2 WITNESS: Direct Cross Redirect Recross 3 4 GLENN C. KOEHLER 5 By Ms. Maher 9 71 6 By Mr. O'Gara 39 72 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 E X H I B I T S : 2 Division No. Description EVD 3 D-65 Inter-Office memo, 6-24-07, to Kevin X Preston from G. C. Koehler 4 Re: Tropicana Atlantic City - Security (Redacted) 5 D-66 Complaint letter, 9-24-07, to Lynne X 6 Mazzeo, Collections, Tropicana Hotel from Nelson Fabian, NEHA, Executive 7 Director and CEO 8 D-67 Letter of 10-19-07 to Chair Linda M. X Kassekert from Wendy Way, Deputy Attorney 9 General Re: Audit Committee (PRN 2910708) 10 11 Applicant's No. Description EVD 12 A-92 Letter of 12-20-06 to Christopher X Storcella, Director, Licensing Division 13 from John J. Mercun, Esq., with exhibits Re: Tropicana Casino and Entertainment 14 Resorts proposed amendments to job compendium 15 16 17 18 19 20 21 22 23 24 25 Exhibits retained. 5 1 (The afternoon session was commenced at 2 4:23 p.m.) 3 CHAIR KASSEKERT: Thank you. We'll go 4 back on the record. 5 Let me just be the first to publicly 6 congratulate Commissioner Frulio on the birth 7 of his first grandson. 8 COMMISSIONER FRULIO: That's it. 9 CHAIR KASSEKERT: Just happened. 10 (Applause.) 11 VICE CHAIR FEDORKO: He's on his way to 12 being an ancestor. 13 (Laughter.) 14 CHAIR KASSEKERT: Thank you. We'll go 15 back on the record. 16 I think first I need to deal with the 17 pending sealing request by Tropicana. 18 MR. O'GARA: Yes, ma'am. 19 CHAIR KASSEKERT: Let me just say that 20 there is a pending sealing request by the 21 Tropicana regarding D-66, which was the 15 page 22 letter dated September 24th, 2007, from Nelson 23 Fabian, Executive Director of the National 24 Environmental Health Association, to a Ms. 25 Lynne Mazzeo, an employee in the collections 6 1 department of the Tropicana. 2 In essence the letter sets forth a 3 litany of complaints about the service and 4 conditions at the facility during the 5 convention of the NEHA this past June. The 6 Division opposes the sealing request. 7 At the outset of this hearing, the 8 Tropicana made a similar sealing request 9 regarding patron complaints that had been 10 introduced into evidence. The Commission 11 denied that motion setting forth its reasons on 12 the record. These reasons apply with equal 13 force to this particular sealing request, and, 14 therefore, I would deny the motion. Notably 15 that Tropicana has not demonstrated a balance 16 of the interest requires a sealing of this 17 exhibit. 18 There is also a request to seal portions 19 of -- actually, we're-- yeah. Portions of 20 A-91, which is a four-page document containing 21 nine incident reports, one of which relates to 22 this hearing. The Division does not oppose 23 this request, and I agree that the sealing 24 would be appropriate for Pages 1 through 3 as 25 to the eight unrelated incident reports. 7 1 Accordingly, I move to deny the sealing request 2 as to D-66 and to grant the request as to pages 3 1 through 3 of A-91. 4 We will now -- yes? 5 MS. MAHER: If I night note something, 6 Chair. 7 CHAIR KASSEKERT: Sure. 8 MS. MAHER: I did agree to the sealing 9 request with the proviso that it be noted that 10 there are nine incidents reported in that 11 particular e-mail. 12 CHAIR KASSEKERT: Correct. Yes. Yes. 13 MS. MAHER: That there were nine. 14 CHAIR KASSEKERT: I mentioned that. 15 Yup. 16 MS. MAHER: Thank you. 17 CHAIR KASSEKERT: You're welcome. 18 Are we ready to proceed? 19 MS. WAY: There's just one matter of 20 housekeeping. 21 CHAIR KASSEKERT: Sure. 22 MS. WAY: We offered D-67 into evidence. 23 It's my letter to the Chair dated October 19, 24 2007, on the pending individual audit committee 25 petition. 8 1 CHAIR KASSEKERT: Have -- okay. 2 MR. NANCE: I need copies. 3 MS. WAY: We have copies. 4 CHAIR KASSEKERT: We have copies? 5 Okay. Any objection? 6 MR. O'GARA: No. No. No. 7 MS. WAY: Thank you. 8 CHAIR KASSEKERT: Accordingly, we will 9 move those exhibits into evidence. 10 Yes, Mr. Michael? 11 MR. MICHAEL: One other matter, 12 housekeeping matter. Another letter from our 13 firm to Christopher Storcella dated December 14 20, 2006. It would be marked as A-92. It's 15 captioned "Tropicana Casino and Resorts, 16 Proposed Amendments to Jobs Compendium." 17 CHAIR KASSEKERT: Any objection. 18 MS. WAY: No objection, Madame Chair. 19 CHAIR KASSEKERT: Accordingly, I'm move 20 that into evidence as well. A-92 is moved. 21 All right. All housekeeping matters 22 complete? 23 Are we ready to proceed? 24 MS. MAHER: Yes. 25 CHAIR KASSEKERT: Ms. Maher, your next 9 GLENN C. KOEHLER - direct 1 witness? 2 MS. MAHER: Thank you. The Division 3 would call Glenn Koehler. 4 CHAIR KASSEKERT: Mr. Koehler. 5 Mr. Nance, would you swear Mr. Koehler, 6 please. 7 8 GLENN C. KOEHLER, having been first duly 9 sworn to tell the truth, testified as follows: 10 11 MR. NANCE: Please state your name for 12 the record. 13 THE WITNESS: Glenn Koehler. 14 MR. NANCE: Thank you. You may be 15 seated. 16 CHAIR KASSEKERT: Miss Maher, you may 17 proceed. 18 MS. MAHER: Thank you. 19 20 DIRECT EXAMINATION BY MS. MAHER: 21 Q. Mr. Koehler, where were you employed? 22 A. I work for Tropicana Casinos and 23 Resorts. 24 Q. What is your position there, please? 25 A. Director of Security, Risk Management, 10 GLENN C. KOEHLER - direct 1 Surveillance. 2 Q. What are your duties in that position? 3 A. To oversee the functioning of the 4 security departments on the various properties and 5 surveillance, and risk management of the properties to 6 ensure training is done, and to perform inspections as 7 needed. 8 Q. Do you oversee all of the Tropicana 9 properties? 10 A. I do not oversee the Tropicana Atlantic 11 City. 12 Q. And is there any reason -- any 13 particular reason that that property is exempted from 14 your -- from your supervision? 15 A. None that I'm aware of. 16 Q. And at whose direction was that exempted 17 from your supervision? 18 A. I really don't recall. I don't recall 19 exactly how that was exempted. 20 Q. And do you know why it's exempted? 21 A. No, I do not. 22 Q. Who was it that told you it was 23 exempted? 24 A. I believe I heard it back in January at 25 the corporate offices, but I'm not sure if it was 11 GLENN C. KOEHLER - direct 1 Howard Reinhardt who told me. 2 Q. And did you ask why? 3 A. No, I did not. 4 Q. You just followed that direction? 5 A. That's correct. 6 Q. And you are not licensed in New Jersey; 7 is that correct? 8 A. No, I am not. 9 Q. And how long have you held this 10 position? 11 A. Officially since January of 2007. 12 Unofficially since September 2003. 13 Q. What do you mean "unofficially"? 14 A. Without the title I was doing it. 15 Q. Okay. And do you know any particular 16 reason why you were granted the title in January of 17 2007? 18 A. I -- no. I don't. 19 Q. Okay. So you've been actually in this 20 position doing this job since September of 2003? 21 A. Correct. 22 Q. And in January of 2007 you were granted 23 the title? 24 A. That's correct. 25 Q. Did you get a commensurate pay raise as 12 GLENN C. KOEHLER - direct 1 well? 2 A. No, ma'am. 3 Q. Your pay continued the same? 4 A. Yes. 5 Q. Was any explanation given to you as to 6 why you were given the title at that time? 7 A. Not really. No. 8 Q. Prior to September of 2003, where were 9 you employed? 10 A. I was employed at the Horizon Casino 11 Resort, Lake Tahoe. 12 Q. And how long had you been employed at 13 that location? 14 A. I officially -- or I actually started in 15 that property June -- excuse me -- July of 1981 and 16 continued on during the purchase in 1990. 17 Q. And what was your position there? 18 A. I started out as security officer and 19 went up through as a security supervisor, 20 investigations supervisor, loss control manager, and 21 then to director of security. Risk management. 22 Q. And at what point did you end up -- did 23 you have the title of risk security manager? 24 A. 1993. January. 25 Q. And from 1993 to 2003 what did you do? 13 GLENN C. KOEHLER - direct 1 A. I oversaw the day-to-day operations of 2 the Horizon at Lake Tahoe. 3 Q. And when you came on board with Lake 4 Tahoe, the Lake Tahoe property, who owned the property 5 at that time? 6 A. Originally it was Del Webb Corporation. 7 Q. And when did the ownership change hands? 8 A. 1990. 9 Q. And who owned it at that time? 10 A. Columbia Sussex. 11 Q. Okay. So you've been with Columbia 12 Sussex since 1990. Would that be fair to say? 13 A. That's correct. 14 Q. Okay. And as Director of Security on 15 that property since 1993? 16 A. Correct. 17 Q. And then did you move from there into 18 your position -- the position that you hold now? 19 A. Yes, ma'am. 20 Q. And you've held that position since -- 21 unofficially since 2003; is that correct? 22 A. Correct. 23 Q. Have you ever met Mr. Yung? 24 A. Yes, I have. 25 Q. And on what occasions? 14 GLENN C. KOEHLER - direct 1 A. I met Mr. Yung in 2000 -- September 2003 2 at the River Palms when we purchased that property and 3 officially met him here today. 4 Q. Have you ever spoken to him on the 5 phone? 6 A. Just once. 7 Q. And when was that? 8 A. That was yesterday. 9 Q. And that was in regards to what? 10 A. It was in regards to this matter. 11 Q. And what did he indicate to you 12 regarding this matter when you spoke to him on the 13 phone yesterday? 14 A. He just had a couple of questions about 15 what my report had been. 16 Q. And what questions were those? 17 A. They were just general questions, 18 nothing in specifics. 19 Q. Well, what did he ask you? 20 A. If I recalled what positions I had 21 spoken about in the report, pretty much. 22 Q. And what else? 23 A. That was pretty much it. 24 Q. Did you have the report with you when 25 you spoke to him? 15 GLENN C. KOEHLER - direct 1 A. No, I did not. 2 Q. Were you able to recall anything when 3 you spoke to him? 4 A. Some, yes. 5 Q. And what did you tell him? 6 A. I recall that I had brought up the 7 positions of the security supervisors, from reducing 8 the number. And also the -- I forget what they call 9 the shopping area here. The Quarter? And the hotel 10 positions. 11 Q. Did you -- did you discuss any other 12 aspects of your testimony here today? 13 A. No, ma'am. It was a very short 14 conversation. 15 Q. Did you speak to anyone else on the 16 phone at the same time you spoke to Mr. Yung? 17 A. No, ma'am. 18 Q. Did he contact you directly? 19 A. No. 20 Q. Who contacted you and connected you on 21 the phone to him? 22 A. I had a call from the corporate offices 23 requesting that I call him. 24 Q. And in response to that you called him? 25 A. Yes, ma'am. 16 GLENN C. KOEHLER - direct 1 Q. Approximately when was that, yesterday? 2 A. I'm only guessing 3:00. I was in 3 Louisiana at the time. 4 Q. All right. Who do you directly report 5 to, please? 6 A. Kevin Preston. 7 Q. And prior to -- it's my understanding 8 that Mr. Preston came on board with Tropicana in June 9 of 2007. Does that -- 10 A. Yes, ma'am. 11 Q. -- sound right to you? 12 A. Yes, ma'am. 13 Q. Prior to him who did you report to? 14 A. Howard Reinhardt. 15 Q. And how long had you been reporting to 16 Howard Reinhardt? 17 A. Since 1998. 18 Q. So for a lengthy period of time? 19 A. Correct. 20 Q. In June of 2007, were you -- did you 21 have an occasion to come to the Tropicana Atlantic 22 City property? 23 A. Yes, ma'am. 24 Q. What was the reason for your visit to 25 the property? 17 GLENN C. KOEHLER - direct 1 A. Excuse me. I was requested to come out 2 and to evaluate the security staff levels. 3 Q. And who asked you to do this? 4 A. Howard Reinhardt. 5 Q. And what -- what date did you actually 6 arrive on the property to begin this assessment? 7 A. June 18th, 2007. 8 Q. And when did you speak to Mr. Reinhardt 9 regarding coming out to the property to do this 10 assessment? 11 A. Approximately two weeks prior to that. 12 Q. And where were you when you spoke to 13 him? 14 A. I was in a conference room at MontBleu 15 Casino in Lake Tahoe. 16 Q. And was Mr. Reinhardt there? 17 A. Yes, ma'am. 18 Q. And was anyone else present? 19 A. Kevin Preston was present. 20 Q. And why was Mr. Preston with him? 21 A. They were taking Mr. Preston around to 22 introduce him to the properties. He had just come on 23 board with us, and so I met with Mr. Reinhardt along 24 with Mr. Preston. 25 Q. So Mr. Reinhardt was out on this way 18 GLENN C. KOEHLER - direct 1 out, and Mr. Preston was on his way in? 2 A. That's correct. 3 Q. So it would be logical to assume that 4 Mr. Preston knew that you were coming to the Atlantic 5 City to make this assessment? 6 A. Yes, ma'am. 7 Q. And did you make arrangements with both 8 of them at that time regarding your coming to the 9 Atlantic City property? 10 A. The only arrangements made that I would 11 come here as soon as possible. And when I had a 12 report, I was to forward it to Mr. Preston. 13 Q. And what did they indicate to you was 14 your task? What were you supposed to do? 15 A. Was to evaluate the security staffing 16 levels. 17 Q. And write a report? 18 A. Correct. 19 Q. And you were directed to give that 20 report to Mr. Preston? 21 A. That's correct. 22 Q. So you arrived on the property on June 23 18th, I believe you said? 24 A. Yes, ma'am. 25 Q. And what happened when you got to the 19 GLENN C. KOEHLER - direct 1 property? What did you do? 2 A. I met with Mr. Lyons. 3 Q. And who is Mr. Lyons? 4 A. Director of Security for Tropicana. 5 Q. All right. 6 A. We introduced ourselves. We took a 7 brief walk around the property that afternoon, and I 8 made arrangements to do an inspection over the next 9 three days. 10 Q. And what did that inspection consist of, 11 please? 12 A. It involved going on his various 13 documents to he show his assignments to his personnel, 14 walking around the property, actually looking at the 15 functions, and making first-hand observations. 16 Q. On the property? 17 A. On the property. 18 Q. Did you walk around the entire property? 19 A. Yes, ma'am. 20 Q. Inside and outside? 21 A. Yes, ma'am. 22 Q. And did you also visit some other 23 properties in the city? 24 A. Yes, we did. 25 Q. What did you visit? What other 20 GLENN C. KOEHLER - direct 1 properties? 2 A. The Borgata. And -- I'm sorry. I 3 forgot the name of the other one again. One of Donald 4 Trump's properties. 5 Q. Trump Taj Mahal? 6 A. Yes, ma'am. 7 Q. And who chose those as properties? Was 8 it you or Mr. Lyons? 9 A. Mr. Lyons chose them. 10 Q. Okay. And did he explain to you why he 11 might had chosen those properties to walk? 12 A. Well, the Borgata because it was a newer 13 property, and there was no real explanation of the 14 other property. 15 Q. Did you walk around the Showboat at all? 16 A. No, ma'am. 17 Q. How long did you say on site conducting 18 your evaluation and assessment? 19 A. Of the Tropicana? 20 Q. Of the Tropicana, yes. 21 A. From Monday to Friday morning. 22 Q. Okay. And did you speak with various 23 people on the property? 24 A. Yes, ma'am. 25 Q. Did you speak to any of the actual 21 GLENN C. KOEHLER - direct 1 security officers, the people that were actually on 2 the line doing the work? 3 A. Just casual conversation. 4 Q. Do you speak with various members of 5 what I'll call Tropicana Atlantic City executive 6 staff? 7 A. Yes, ma'am. 8 Q. And who is it specifically that you 9 spoke to? 10 A. Fred Buro. 11 Q. Anyone else? 12 A. Tama, I can't remember her last name. 13 Q. Tama Hughes? 14 A. Yes. 15 Q. And what was your understanding of Mr. 16 Buro? Who was he? 17 A. The president. 18 Q. Okay. And what was your understanding 19 of Miss Hughes? What was her role? 20 A. The counsel or a counsel. 21 Q. Now, who did you speak to -- did you 22 speak to Miss Hughes and Mr. Buro together or did you 23 speak to them separately? 24 A. Separate conversations. 25 Q. Okay. And what was -- who did you speak 22 GLENN C. KOEHLER - direct 1 to first? 2 A. Mr. Buro. 3 Q. Now, when you spoke to Mr. Buro, were 4 you and Mr. Buro alone or was someone else with you? 5 A. Mr. Lyons was present. 6 Q. And what did you discuss with Mr. Buro? 7 A. Just casually greetings and told him I 8 was on the property to evaluate his security staff and 9 that I would let him know before I left. I would 10 check in with him. 11 Q. Okay. And did you give him any 12 recommendations regarding the security staffing 13 levels? 14 A. Not at that meeting, no? 15 Q. Did you ever give him any 16 recommendations? Mr. Buro, that is, regarding -- 17 A. No, ma'am. Other than I thought it was 18 short in certain areas, being the garage and the 19 exterior. 20 Q. Now, you indicated to him that you felt 21 they were short in certain areas, being the garage and 22 the exterior areas? 23 A. Correct. 24 Q. And what was your recommendations in 25 regards to this shortage? 23 GLENN C. KOEHLER - direct 1 A. That they should try to reassign 2 personnel into these areas. 3 Q. And did you indicate to him where you 4 should reassign personnel from? 5 A. Not specifically, no. 6 Q. You just said you're short in the garage 7 and perimeter and you need to reassign personnel? 8 A. I suggested they reassign. Yes. 9 Q. Did you ever say to Mr. Buro that the 10 security staffing at the Tropicana Atlantic City was 11 inadequate and that that they needed to add more staff 12 people? 13 A. No, ma'am. 14 Q. So it is your testimony here today that 15 you did not tell Mr. Buro that they need to add 16 security staff to the Tropicana Atlantic City Casino? 17 A. That's correct. 18 Q. And you're saying that to us here today? 19 A. Yes, ma'am. 20 Q. As best you can recall? 21 A. Yes, ma'am. 22 Q. Okay. All you said was that you needed 23 to quote-unquote reassign personnel to certain areas? 24 A. Yes, ma'am. 25 Q. But you did not suggest to him in that 24 GLENN C. KOEHLER - direct 1 conversation how that personnel was to be reassigned? 2 A. I don't recall specific suggestions, no. 3 Q. Where you going -- did you indicate to 4 him that you would provide specific suggestions? 5 A. I don't recall indicating that. No. 6 That's part of my report. 7 Q. Now, did you speak to Miss Hughes as 8 well? 9 A. It was either later that day or the next 10 day. I think it was later that day. 11 Q. Okay. And was anyone with you when you 12 spoke to Ms. Hughes? 13 A. Mr. Lyons. 14 Q. Okay. And what was the reason that you 15 were speaking to Miss Hughes? 16 A. Mr. Lyons wanted to introduce me to her. 17 That was pretty much, I understood, the reason why. 18 Q. Okay. And what did you recommend to 19 Miss Hughes, if anything? 20 A. I more than likely made the same 21 comment, I felt that the exterior and the garage 22 needed some extra coverage. 23 Q. And did you indicate to her how that 24 extra coverage would be accomplished? 25 A. Again, just reassignment of personnel. 25 GLENN C. KOEHLER - direct 1 Q. Did you ever indicate to Miss Hughes in 2 front of Mr. Lyons that you needed to not cut or 3 reassign security staff specifically but that you 4 needed to add security staff? 5 A. No, ma'am. 6 Q. You never indicated to Miss Hughes that 7 you felt that -- and Mr. Lyons that you felt that the 8 security staffing at the Tropicana Atlantic City was 9 inadequate and more staff needed to be added? 10 A. No, ma'am. 11 Q. Never said that to her? 12 A. No. 13 Q. Never made that representation? 14 A. No. 15 Q. Did you ever make that representation to 16 Michael Lyons, Director of Security? 17 A. I do not recall making that to anybody. 18 Q. And was this the only conversation you 19 had with Miss Hughes, that one conversation? 20 A. I believe so. I don't recall a second 21 one. 22 Q. And how many conversations did you have 23 with Mr. Buro? 24 A. Two. 25 Q. And when were those conversations? 26 GLENN C. KOEHLER - direct 1 A. First was the one we discussed, when I 2 arrived on the property. Second one was on the 3 Thursday afternoon because he was not going to be 4 there when I left to -- it was just a formality to -- 5 courtesy to let him know I was done, and I was going 6 to be leaving his property. 7 Q. Okay. And you didn't discuss anything 8 in particular regarding staffing recommendations at 9 that conversation? 10 A. No, ma'am. Because I had not formulate 11 what I was going to suggest yet. 12 Q. When were you going to formulate what 13 you were going to suggest? 14 A. Well, I was working on it. I had a trip 15 back to Nevada. Worked on it on the plane. Worked on 16 it all day Saturday, finished it up on Sunday, and 17 finalized it in writing. 18 Q. And did you actually finalize report in 19 writing? 20 A. Yes, ma'am. 21 Q. And who was that report directed to? 22 A. Kevin Preston. 23 Q. Okay. And it was dated June 24th of 24 2007? 25 A. That's correct. 27 GLENN C. KOEHLER - direct 1 Q. Okay. 2 MS. MAHER: Chair, if I might have this 3 marked as -- 4 MR. NANCE: D-68. 5 MS. MAHER: I think we're on D-68, I 6 believe. 7 CHAIR KASSEKERT: D-65. 8 MS. FLAHERTY: It's already marked. 9 MS. MAHER: Oh, it's already marked? 10 I'm sorry. I forgot that it was marked. 11 Pardon me. 12 Q. I'm going to hand you what's apparently 13 been marked as D-65. I apologize. 14 Can you tell us what that is? 15 A. This is a report that I submitted. 16 Q. And the date of the report, please? 17 A. June 24, 2007. 18 Q. Okay. And who is the report -- who is 19 the report directed to, please? 20 A. Kevin Preston. 21 Q. Okay. And what does the report 22 indicate, please? 23 A. Report basically indicates the current 24 staffing level as of the time I was there. Some of my 25 observations and some suggestions as to where we could 28 GLENN C. KOEHLER - direct 1 alter or change staff. 2 Q. Okay. And in this particular report, 3 did you indicate that staff should actually be 4 reduced? 5 A. Yes, I did. 6 Q. Okay. And you indicated specific areas 7 where staff should be reduced? 8 A. Yes. 9 Q. Is that correct? 10 A. Yes, ma'am. 11 Q. And in what areas did you indicate staff 12 should be reduced? 13 A. Reduction in the number of supervisors. 14 The position of report writer. The officers assigned 15 to the Quarter, and a reduction in hotel staff. Hotel 16 patrol staff. 17 Q. And how many supervisors did you 18 recommend eliminating? 19 A. Three. 20 Q. And how many report writers did you -- 21 A. Five. 22 Q. And how many in the Quarter did you 23 recommend? 24 A. Six. 25 Q. And how many in the tower did you 29 GLENN C. KOEHLER - direct 1 recommend? 2 A. Six. 3 Q. Okay. For a total of 20; is that 4 correct? 5 A. That's correct. 6 Q. And did you talk about any reassignment 7 of officers in this report? 8 A. I did, but I don't believe I really used 9 specifically the word "reassignment" in the report. 10 There are the words "possible reassignment of 11 personnel" in here. 12 Q. Well, where in the report does it 13 indicate that any personnel should be reassigned? 14 A. Specifically it doesn't. But it does 15 say on the garages and exteriors, it should be 16 considered as a possible reassignment of personnel. 17 Q. And what personnel were you proposing be 18 reassigned to the garage and exterior areas? 19 A. That was leaving up to the property to 20 decide. 21 Q. Well, weren't you tasked to come in and 22 make an evaluation of the property? 23 A. Yes, I was. 24 Q. And you, apparently, have a number of 25 years experience in the security area; is that 30 GLENN C. KOEHLER - direct 1 correct? 2 A. Yes, ma'am. 3 Q. And you wrote a fairly detailed report 4 regarding your observations; is that correct? 5 A. That's correct. 6 Q. You spent nearly a whole work week at 7 the property; is that correct? 8 A. That's correct. 9 Q. You made recommendations for people to 10 be cut specifically; is that correct? 11 A. Yes, ma'am. 12 Q. But you -- and you noted during at least 13 two separate conversations that your concerns about 14 the garage and the perimeter areas, exterior areas 15 that -- they needed coverage; correct? 16 A. That's correct. 17 Q. And yet it's listed in this particular 18 memo as a note; is that correct? 19 A. Yes, ma'am. 20 Q. And you don't have any recommendation 21 regarding what personnel should be reassigned to this 22 position? 23 A. I did not at that time. Mr. Lyons would 24 be best qualified to reassign his personnel. 25 Q. Well, did you -- but you were assigned 31 GLENN C. KOEHLER - direct 1 to make a recommendation? 2 A. Yes, I -- 3 Q. What were these people that you were 4 going to reassign be coming from? 5 A. That would be up to Mr. Lyons to 6 reassign his personnel. 7 Q. And you didn't feel that in your 8 capacity as -- apparently, an expert here coming 9 around to all these properties and making these 10 assessments that you should give them some suggestions 11 at least on where to reassign personnel to these very 12 important areas? 13 A. I didn't make specifics, ma'am. But I 14 did indicate to him that there are areas where he 15 could. He could eliminate certain functions, certain 16 duties that are not gaming related and reassign 17 personnel, leaving it up to him. He knows his 18 property better than I do. I had not been to the 19 property before. 20 Q. Well, where in this report does it have 21 those recommendation that you just talked about where 22 you could reassign nongaming personnel to the garage 23 and perimeters? 24 A. I could not specifically point out in 25 this report, no. 32 GLENN C. KOEHLER - direct 1 Q. Is it included in this report? 2 A. Apparently not. No. 3 Q. Well, then, how would you have made 4 these recommendations to Mr. Lyons? 5 A. Verbally when we talked. We had many 6 conversations. 7 Q. But you said when you talked to Mr. 8 Lyons you hadn't formulated what your recommendations 9 would going to be, that you wanted to think about it 10 and write your report? 11 A. I made suggestions to him, ma'am. 12 Q. Well, what suggestions did you make to 13 him? 14 A. Where he could possibly look at 15 reassigning his personnel. 16 Q. And where? What suggestions did you 17 specifically make to him regarding that? 18 A. Specifically I don't recall at this 19 time. 20 Q. You don't recall? 21 A. No, ma'am. 22 Q. And it's not in this report; correct? 23 A. That's correct. 24 Q. Why wouldn't it -- if you made specific 25 suggestions to him, if you were there to evaluate and 33 GLENN C. KOEHLER - direct 1 assess the property, and you made some suggestions, 2 and you spoke to him, why isn't it in this report? 3 A. I can't answer that. 4 Q. You can't answer that? 5 A. No. 6 Q. And did you -- let me ask -- let me go 7 back and ask you this. 8 When we're talking about Mr. Lyons, you 9 spoke to Mr. Lyons about recommendations; is that 10 correct? 11 A. That's correct. 12 Q. You had specific conversations with Mr. 13 Lyons about recommendations? 14 A. Yes, ma'am. We spent three and a half 15 days together. 16 Q. And is it your testimony that you never 17 told Mr. Lyons that his -- he was inadequately staffed 18 in the security department and that he needed to hire 19 more security people? 20 A. Yes, ma'am. That's correct. 21 Q. And you stand by that today? 22 A. Yes, ma'am. 23 Q. When did this -- this report's dated 24 June 24th of 2007, and it's indicated it's to Kevin 25 Preston; is that correct? 34 GLENN C. KOEHLER - direct 1 A. Yes, ma'am. 2 Q. When was it sent to Mr. Preston? 3 A. It was sent out e-mail that same day. 4 Q. On June 24th? 5 A. Yes, ma'am. 6 Q. And did Mr. Preston ever acknowledge 7 receipt of this report? 8 A. We had a conversation subsequent to that 9 where he told me he could not open it, so I believe we 10 faxed him a copy of that. 11 Q. And when did you fax him a copy of that? 12 A. It was within a couple of days within 13 the issuance of the report. 14 Q. So he would have had the report within a 15 couple of days of June 24th, 2007, based on your 16 representations? 17 A. Yes, ma'am. 18 Q. Where was it faxed to, please? 19 A. The corporate offices. 20 Q. Okay. Addressed to him? 21 A. Yes, ma'am. 22 Q. Did he ever call you back and 23 acknowledge the receipt of the report? 24 A. I don't recall. But we did get a fax 25 receipt that it went through. 35 GLENN C. KOEHLER - direct 1 Q. Again, did he -- 2 A. He did not call me. 3 Q. He did not call you and say he got it? 4 A. No. 5 Q. And you're sure he didn't call and say 6 he got it? 7 A. I don't recall him calling him. 8 Q. Did you ever have a discussion with Mr. 9 Preston and Mr. Lyons regarding this report and its 10 contents? 11 A. Yes, ma'am. 12 Q. When did that discussion take place? 13 A. Approximately a week to two weeks after 14 the report was issued. 15 Q. Okay. And how was that -- how was that 16 discussion? Was it in person? Was it on the phone? 17 A. It was on the phone. I was in Tahoe, 18 and I believe they were both at the Tropicana here. 19 Q. And who participated in the call? 20 A. Mr. Preston, Mr. Lyons, and myself. 21 Q. And what was the -- who called who? Did 22 they call you or did they call you? 23 A. They called me. 24 Q. And what did they call you to discuss? 25 A. They wanted to go over this report. 36 GLENN C. KOEHLER - direct 1 They wanted to talk about it. 2 Q. Okay. And who was there? 3 A. Mr. Preston, Mr. Lyons, and myself. 4 Q. Was Mr. Buro involved in the 5 conversation? 6 A. I do not recall him being on that call. 7 Q. Okay. And what was discussed? Why did 8 they call you? 9 A. They just wanted to get a little more 10 detail on what my thoughts were on this. 11 Q. What do you mean "a little more detail"? 12 A. Well, they wanted me to clarify and 13 expand. 14 Q. And what did they ask you to expand 15 upon? 16 A. Why I felt we could eliminate three 17 supervisors. Why I felt we could eliminate the report 18 writers. 19 Q. And what did you tell them? 20 A. Because I felt the positions were not 21 necessary. 22 Q. Did they ask you about the elimin -- did 23 they ask you about all these various eliminations, why 24 you felt -- 25 A. I don't believe we went over one why one 37 GLENN C. KOEHLER - direct 1 with them, but I think we did generally, yes. 2 Q. Generally you went all of them? 3 A. Yes. 4 Q. Did they discuss with you some confusion 5 and misunderstanding regarding your recommendations to 6 Mr. Lyons and Miss Hughes and Mr. Buro that not only 7 that you not cut staff but that you hire more staff? 8 A. No, ma'am. That was not discussed. 9 Q. That was not discussed? 10 A. No. 11 Q. There was no discussion regarding, hey, 12 when you were on the property, you told us -- that 13 being Mr. Buro, Mr. Lyons, and Miss Hughes -- that we 14 needed to add more staff. And as a matter of fact, 15 we've added more staff, and now you're saying to cut? 16 What's going on? 17 A. Ma'am, the first I heard they added 18 staff was yesterday. 19 Q. So it's your testimony that this 20 discussion, this telephone discussion, was not to 21 clear up that confusion? 22 A. That's correct. 23 Q. This telephone discussion was for what? 24 A. To clarify what I had written in the 25 report. 38 GLENN C. KOEHLER - direct 1 Q. Okay. And how did you clarify it? 2 A. By discussing each of the subjects as 3 they brought them up. 4 Q. And what did you say about each of the 5 subjects? 6 A. I can't recall, ma'am. That goes back 7 to what, July? 8 Q. Uh-huh. 9 A. So -- 10 Q. You don't recall -- 11 A. I don't recall specifically our entire 12 conversation. No. 13 Q. And you just recall -- you don't recall 14 how you justified each of these cuts? 15 A. Not specifically, no. 16 Q. Did Mr. Lyons ever indicate to you that 17 are disagreed with these cuts? 18 A. I believe he did. 19 Q. What did he indicate to you? 20 A. Just they didn't agree with me. 21 Q. Okay. Did Mr. Preston ever indicate to 22 you that any disagreement with these cuts? 23 A. No, ma'am. 24 Q. In between the time that you let the 25 Tropicana Atlantic City and wrote this report, did you 39 GLENN C. KOEHLER - cross 1 ever speak to Mr. Preston? 2 A. No. 3 Q. Did you ever speak to anyone at the 4 corporate offices? 5 A. No, ma'am. 6 Q. Did you ever discuss your evaluation and 7 your assessment with anyone in Columbia Sussex or in 8 Tropicana regarding the writing of this report? 9 A. No, ma'am. 10 (Conferring.) 11 MS. MAHER: Nothing further. Thank you. 12 CHAIR KASSEKERT: Cross-examination? 13 MR. O'GARA: Yeah, if I may. 14 15 CROSS-EXAMINATION BY MR. O'GARA: 16 Q. Mr. Koehler, you testified that you had 17 spoken to Mr. Yung in 2003. Was that a circumstance 18 where you just met him? He was on the property, and 19 he had come out to that property? 20 A. He was at the River Palms at the time, 21 and I was there. Happened to be there, and I was 22 introduced to him at that point. 23 Q. And after that date until yesterday you 24 had not spoken to him at all? 25 A. Correct. 40 GLENN C. KOEHLER - cross 1 Q. Mr. Yung -- did you tell Mr. Yung, 2 e-mail him, communicate with him, anything that you 3 were doing a security report about the Tropicana? 4 A. No, sir. 5 Q. Did he ever speak to you about this 6 report? 7 A. Not other than that conversation briefly 8 yesterday. 9 Q. And that conversation yesterday was a 10 call to you saying there were some questions, and 11 could you come out here; is that right? 12 A. Basically, yes. 13 Q. And that was at about 3:00 your time? 14 A. Roughly 3:00. Yes, sir. 15 Q. That's central time; right? 16 A. Central time, yes. 17 Q. So an hour behind us, so that's 4:00 or 18 so? 19 A. Correct. I don't know exactly what time 20 it was, but roughly. 21 Q. And it was a call to see whether or not 22 you'd be available to be here today? 23 A. Yes, sir. 24 Q. Is that right? 25 A. Yes, sir. 41 GLENN C. KOEHLER - cross 1 Q. Other than that conversation and the one 2 you described to me, have you ever spoken to William 3 Yung? 4 A. No, sir. 5 MR. O'GARA: I have no other questions. 6 CHAIR KASSEKERT: Questions from 7 Commissioners? 8 Commissioner Fedorko? 9 VICE CHAIR FEDORKO: Mr. Koehler, what 10 did you do before you got into the casino 11 business? Casino business? 12 THE WITNESS: I worked for a company, 13 Trico Products, makes windshield wipers and 14 automotive equipment. I did various jobs. I 15 worked in a factory. I did industrial 16 engineering for a while, and I was in 17 purchasing for a while. 18 VICE CHAIR FEDORKO: Are you considered 19 the company's expert in security? 20 THE WITNESS: I don't know if I'd use 21 the word "expert." I guess so, yes. 22 VICE CHAIR FEDORKO: You said you -- 23 after you did this report, you said you never 24 discussed it with anybody? 25 THE WITNESS: No, sir. That's exactly. 42 GLENN C. KOEHLER 1 I did not discuss it with anybody. No. Other 2 than the conversations that we brought up. 3 VICE CHAIR FEDORKO: So nobody -- nobody 4 ever read it and would ask you questions about 5 it? 6 THE WITNESS: Other than when Mr. 7 Preston and Mr. Lyons were on the phone. 8 That's the only time that we had conversation 9 about the questions about the report. 10 VICE CHAIR FEDORKO: You just said 11 nobody asked you about it. 12 THE WITNESS: Well, other than that one 13 conversation that we've been referring to in 14 testimony here. 15 VICE CHAIR FEDORKO: If you came out 16 here and evaluated security and you told them 17 where they needed to put people, why wouldn't 18 you tell them where they should take them from? 19 THE WITNESS: Well, I'll make 20 suggestions, but I didn't want to interfere 21 because of the gaming regulations in the state. 22 I'm aware of the mandatory regulations that we 23 can't necessarily remove people from the 24 casinos. So I didn't want to make specific 25 suggestions for that purpose. I didn't want to 43 GLENN C. KOEHLER 1 interfere with the regulations. 2 VICE CHAIR FEDORKO: So did you make 3 suggestions or didn't you? 4 THE WITNESS: We did make suggestions of 5 where possibly we could move people from, yes. 6 And that would be noncasino areas. 7 VICE CHAIR FEDORKO: Didn't you just 8 testify before that you didn't make suggestions 9 where to take from? 10 THE WITNESS: I didn't specifically make 11 suggestions, no. But I made indications where 12 I thought they could maybe move some people 13 during those conversations I had with Mr. 14 Lyons. 15 VICE CHAIR FEDORKO: You're losing me 16 here. 17 Did you tell Mr. Lyons take somebody 18 from here and put him in the garage or put them 19 outside? 20 THE WITNESS: No, sir. Not specifically 21 that way. 22 VICE CHAIR FEDORKO: What does that 23 mean, specifically? 24 THE WITNESS: Well, I indicated there 25 were areas where I felt he was overstaffed, you 44 GLENN C. KOEHLER 1 know, where he could reassign personnel and get 2 his coverage, i.e. the hotel. But I didn't 3 want to tell him exactly how to do it because I 4 don't know specifically his operation. 5 VICE CHAIR FEDORKO: I'm totally 6 confused. I mean it sounds to me like you're 7 contradicting yourself. 8 THE WITNESS: Okay. 9 VICE CHAIR FEDORKO: Let me ask you 10 again. Did you tell Mr. Lyons take this guy 11 from here and put him outside or put him in the 12 garage? 13 THE WITNESS: No, sir. I did not do it 14 in that manner, no. 15 VICE CHAIR FEDORKO: What manner did you 16 do it? 17 THE WITNESS: I made suggestions to him 18 where we could look at other areas where he was 19 overstaffed, like the hotel. 20 VICE CHAIR FEDORKO: What other areas? 21 THE WITNESS: The hotel. The -- any of 22 the perimeter areas that he may have somebody 23 working. 24 VICE CHAIR FEDORKO: So you did make 25 suggestions? 45 GLENN C. KOEHLER 1 THE WITNESS: Yes, but not specifically. 2 I told him that it was his idea where he could 3 move them from. 4 VICE CHAIR FEDORKO: Well, you just 5 named specific areas. 6 THE WITNESS: Well, examples of areas, 7 yes. 8 VICE CHAIR FEDORKO: So you did make 9 suggestions of where to take somebody and put 10 them in the garage or outside. 11 THE WITNESS: Okay. Yes. 12 VICE CHAIR FEDORKO: No. I'm asking 13 you. 14 THE WITNESS: Well, I guess the way 15 we're putting it, yes. Okay. 16 VICE CHAIR FEDORKO: Is that in this 17 report? 18 THE WITNESS: No, sir, it is not. 19 VICE CHAIR FEDORKO: Why not? 20 THE WITNESS: I suppose I failed to put 21 that in there. Because I didn't want to tell 22 the property how to reassign their personnel. 23 VICE CHAIR FEDORKO: But that's what 24 you're out there for. 25 THE WITNESS: I'm out there to make 46 GLENN C. KOEHLER 1 suggestions only. 2 VICE CHAIR FEDORKO: And that's a 3 suggestion; right? 4 THE WITNESS: Yes, sir. 5 VICE CHAIR FEDORKO: So why isn't it in 6 there? 7 THE WITNESS: Only answer is I failed to 8 put it in. 9 VICE CHAIR FEDORKO: It says in here, 10 "It's my understanding that the CCC and the DGE 11 have absolutely no interest or concern for 12 security coverage in nongaming areas." Is that 13 right? 14 THE WITNESS: That's correct. 15 VICE CHAIR FEDORKO: Who told you that? 16 THE WITNESS: Mr. Lyons. 17 VICE CHAIR FEDORKO: Mr. Lyons told you 18 that? 19 THE WITNESS: Yes, sir. 20 VICE CHAIR FEDORKO: I don't have any 21 more questions. 22 CHAIR KASSEKERT: Let me just ask one 23 thing that is puzzling to me. You indicated in 24 your report, you indicated to us that you 25 thought that there were certain areas that 47 GLENN C. KOEHLER 1 needed to be staffed better, the garage, the 2 perimeter areas. 3 THE WITNESS: Yes, ma'am. 4 CHAIR KASSEKERT: How do you do that 5 while at the same time recommending layoffs? 6 THE WITNESS: Again, by reassigning the 7 personnel from, like the hotel. You have a 8 24/7 hotel operation -- 9 CHAIR KASSEKERT: You're not just 10 reassigning -- part of your recommendation was 11 to remove six people from the hotel. 12 THE WITNESS: Right. But that still 13 left numerous people in the hotel. 14 CHAIR KASSEKERT: So you remove six 15 people and then you could still reassign? 16 THE WITNESS: Yes. 17 VICE CHAIR FEDORKO: Let me ask a 18 question. 19 CHAIR KASSEKERT: Okay. 20 VICE CHAIR FEDORKO: Let me ask you a 21 question. 22 THE WITNESS: Sure. 23 VICE CHAIR FEDORKO: When you went out 24 to do this, before you went out to do this, did 25 somebody tell you what the answers should be? 48 GLENN C. KOEHLER 1 THE WITNESS: No, sir. 2 VICE CHAIR FEDORKO: You're sure? 3 THE WITNESS: Yes, sir, I am. 4 CHAIR KASSEKERT: Commissioner 5 Sommeling? 6 COMMISSIONER SOMMELING: Mr. Koehler, 7 was there ever any conversation with anyone 8 with respect to a dollar figure in terms of the 9 number of layoffs to get to that dollar figure 10 which your report says a reduction in the staff 11 that you recommended, that figure was $400,000. 12 THE WITNESS: Right. 13 COMMISSIONER SOMMELING: Did you have 14 that conversation with anyone? 15 THE WITNESS: No, sir. 16 COMMISSIONER SOMMELING: Were you ever 17 told how many people you should cut? 18 THE WITNESS: No, sir. 19 May I add? 20 I have gone on to properties and 21 actually made suggestions to add staff. So 22 it's not my job to go out there and to say cut 23 staff. I look at the operation, sir. 24 COMMISSIONER SOMMELING: No more 25 questions. 49 GLENN C. KOEHLER 1 CHAIR KASSEKERT: Commissioner Epps? 2 COMMISSIONER EPPS: All right. I have a 3 couple questions. Well, I'm not going to say 4 that. I'm sorry. 5 My first question is, what does the 6 amount of payroll savings have to do with the 7 security? 8 THE WITNESS: It was just to throw it in 9 there to show the value of what I was telling 10 him. 11 COMMISSIONER EPPS: But if it was only 12 about whether or not they were staffed up or 13 not, what does the amount of payroll savings 14 have to do with this at all? 15 THE WITNESS: Probably not much, if any. 16 It's something I added in there, sir, on my 17 own. 18 COMMISSIONER EPPS: You just -- no one 19 told you. You just thought you would throw 20 that in there? 21 THE WITNESS: Yes, sir. 22 COMMISSIONER EPPS: And you suggested 23 that they cut 20 positions, and then when they 24 were -- well, if they were already exposed in 25 certain areas, cut 20 positions and reassign to 50 GLENN C. KOEHLER 1 staff up so they wouldn't be short in those 2 positions where they were pulling from? 3 THE WITNESS: That's correct, sir. 4 COMMISSIONER EPPS: And if this report 5 wasn't suggestions of how to make changes -- 6 would you characterize this as a suggestion, 7 this report a suggestion as to how to make 8 changes? 9 THE WITNESS: Yes, sir. 10 COMMISSIONER EPPS: Why weren't your 11 suggestions of how to fix the perimeter and the 12 other areas where you said they were weak in 13 here? 14 THE WITNESS: Because I had discussions 15 with Mr. Lyons, and I felt he should take the 16 initiative from his property and reassign his 17 personnel. 18 COMMISSIONER EPPS: Okay. 19 THE WITNESS: If it works. 20 COMMISSIONER EPPS: Wait. Wait. Wait. 21 If there are things you didn't want to tell him 22 to do you didn't put in here. Did you tell him 23 he had to do the rest of the stuff? 24 THE WITNESS: No, sir. Those are only 25 suggestions. 51 GLENN C. KOEHLER 1 COMMISSIONER EPPS: Was this left to his 2 discretion to do? 3 THE WITNESS: I don't know. I sent 4 report to my superior, and I didn't know where 5 it was going from there. 6 COMMISSIONER EPPS: What's the 7 difference between what's in here and what you 8 didn't put in here, if they are both 9 suggestions? 10 THE WITNESS: I don't -- I don't think I 11 understand your question, sir. 12 COMMISSIONER EPPS: You said that the 13 stuff that's not in here, the stuff you didn't 14 include, were just suggestions you that -- and 15 you left that to his discretion. These things 16 are the suggestions that you recorded but 17 they're also left to his discretion. What's 18 the difference between what's in here and 19 what's not? 20 THE WITNESS: Sir, I don't have the 21 direct position to tell him to do anything. 22 Those are suggestions only. 23 COMMISSIONER EPPS: This is? 24 THE WITNESS: Yes, sir. 25 COMMISSIONER EPPS: It's the things that 52 GLENN C. KOEHLER 1 you -- the suggestions that you made that you 2 didn't include were suggestions, also? 3 THE WITNESS: That's correct. 4 COMMISSIONER EPPS: Why didn't you 5 include those? 6 THE WITNESS: Sir, I don't know why. I 7 don't know. I'm sorry. I don't know why I 8 didn't. I should have. 9 COMMISSIONER EPPS: Now, you are the top 10 security person for Columbia Sussex 11 Entertainment? 12 THE WITNESS: Yes, sir. 13 COMMISSIONER EPPS: All of the casino 14 operations in five states, I believe? 15 THE WITNESS: Yes, sir. Except for this 16 property. 17 COMMISSIONER EPPS: All of those 18 properties? 19 THE WITNESS: Yes, sir. 20 COMMISSIONER EPPS: And you've never had 21 a communication with Mr. Yung, who is the top 22 of Columbia Sussex? 23 THE WITNESS: That's correct, sir. 24 COMMISSIONER EPPS: Okay. 25 CHAIR KASSEKERT: Commissioner Frulio? 53 GLENN C. KOEHLER 1 COMMISSIONER FRULIO: Yes. Mr. Koehler, 2 one question. You had said in your testimony 3 that you didn't want to recommend anything 4 because -- your first meeting with Mr. Lyons 5 because you were not sure of the regulations in 6 this state as to how many people were required 7 in certain areas? Was that -- 8 THE WITNESS: I knew there were some 9 regulations, sir, but I didn't want to affect 10 the gaming areas where those regulations were. 11 Because my understanding from talking to, I 12 believe, I'm not sure of her name -- 13 COMMISSIONER FRULIO: Yes. I see. 14 That's why my follow up is, you did receive a 15 checklist from Carol Defoor, who is our 16 principal inspector there. 17 THE WITNESS: Right. 18 COMMISSIONER FRULIO: Why using that 19 checklist, you would know exactly what's here 20 needed here and there? 21 THE WITNESS: Right. But I didn't -- 22 parts of my conversation with Miss Defoor was 23 that any recommendation of those areas had to 24 be submitted in writing. It had to be approved 25 by this commission before anything could be 54 GLENN C. KOEHLER 1 done, so I stayed away from them. 2 COMMISSIONER FRULIO: Okay. Thank you. 3 CHAIR KASSEKERT: Any other questions? 4 COMMISSIONER EPPS: One more question. 5 You said in your testimony you heard about -- 6 the first time you heard about added staff was 7 yesterday. 8 THE WITNESS: That's correct. 9 COMMISSIONER EPPS: Are where did you 10 hear that? 11 THE WITNESS: I don't recall the 12 specific conversation. I had several 13 conversations yesterday. I had not heard of it 14 before that. 15 COMMISSIONER EPPS: Conversations with 16 whom? 17 THE WITNESS: I believe it was with our 18 attorneys. 19 COMMISSIONER EPPS: Yesterday? 20 THE WITNESS: Yes. We had numerous 21 conversations with people yesterday afternoon. 22 COMMISSIONER EPPS: So you had 23 conversations with more than Mr. Yung yesterday 24 concerning this issue? 25 THE WITNESS: Yes. 55 GLENN C. KOEHLER 1 MR. O'GARA: Commissioner Epps, let me 2 make a representation so there's nothing -- 3 following the meeting yesterday, during the 4 course of the meeting as we've -- did the 5 questioning, I asked someone to reach out and 6 find this gentleman's location. I then spoke 7 to him on the telephone. I asked him a series 8 of questions, and then I then asked people from 9 Tropicana Entertainment to put him on a plane 10 and get him here. 11 COMMISSIONER EPPS: Let me just explain. 12 The only that I'm trying to understand is -- 13 MR. O'GARA: I just know want you to 14 know it was me. That's all. 15 COMMISSIONER EPPS: No. Because the 16 question, did the only person he spoke to 17 concerning this issue was Mr. Yung in a 18 telephone conversation, and he said Mr. Yung 19 just told him general things -- 20 MR. O'GARA: Yeah. 21 COMMISSIONER EPPS: -- about the 22 conversation. And then later in his testimony, 23 he said he learned about added staff. But he 24 never said he spoke to anybody else. 25 MR. O'GARA: No. I just -- I just 56 GLENN C. KOEHLER 1 didn't want you -- I want you to understand the 2 timing was that the person who spoke with him 3 on the telephone, and it was late last night, 4 was me. The conversation with Mr. Yung took 5 place when I was here, and I had asked someone 6 to reach out to him. But that -- when he said 7 the "lawyers," I'm the lawyer. 8 COMMISSIONER EPPS: That's fine. 9 MR. O'GARA: No. I understand your 10 point. I just didn't want -- 11 COMMISSIONER EPPS: That's fine. 12 MR. O'GARA: Not crossing your line, 13 Commissioner. 14 COMMISSIONER EPPS: My question is he 15 said he only talked about this stuff -- 16 MR. O'GARA: Fine. 17 COMMISSIONER EPPS: -- with Mr. Yung. 18 And then he said he didn't -- 19 MR. O'GARA: Point taken. 20 COMMISSIONER EPPS: Okay. 21 THE WITNESS: Could I answer? 22 COMMISSIONER EPPS: I didn't answer. 23 THE WITNESS: May -- 24 COMMISSIONER EPPS: I don't have a 25 question. 57 GLENN C. KOEHLER 1 THE WITNESS: All right. 2 CHAIR KASSEKERT: Commissioner Fedorko? 3 VICE CHAIR FEDORKO: When you wrote your 4 suggestions here -- and that's how we should 5 characterize it; right? Suggestions. 6 THE WITNESS: Correct. 7 VICE CHAIR FEDORKO: Did you take into 8 account like where this casino was located in 9 the city? I mean, there's 34 million people 10 that come here a year. Did you take any of 11 that into consideration? 12 THE WITNESS: Yes, sir. That's why I 13 went to the other casinos and had a whole 14 conversation with Mr. Lyons while I was here. 15 VICE CHAIR FEDORKO: Did you talk to the 16 police department to see what kind of crimes 17 they have around -- 18 THE WITNESS: No, I did not. 19 VICE CHAIR FEDORKO: Why not? 20 THE WITNESS: It was represented to me 21 to ask Mr. Lyons about the crimes. 22 VICE CHAIR FEDORKO: What did he tell 23 you about the crimes? 24 THE WITNESS: Just that there was a lot 25 of street crime, a lot of muggings, that type 58 GLENN C. KOEHLER 1 of thing. 2 VICE CHAIR FEDORKO: Well, then how can 3 you put in here that the CCC and DGE have 4 absolutely no interested for concern and 5 security coverage in nongaming areas? 6 THE WITNESS: That was represented to me 7 by Mr. Lyons. Just relied on his statements. 8 I didn't make the statement. 9 VICE CHAIR FEDORKO: But when he made 10 though two statements, did you ask him, how can 11 that be? 12 THE WITNESS: He told me that they were 13 only concerned with gaming. 14 VICE CHAIR FEDORKO: Okay. 15 CHAIR KASSEKERT: It seems you had a lot 16 of conversation with Carol Defoor, who was our 17 representative there. You didn't ask her if 18 she had any interest? 19 THE WITNESS: Miss Defoor and I spoke 20 for maybe half an hour. And she indicated 21 everything -- I didn't specifically ask about 22 that, but everything she talked to me about was 23 the gaming issues. 24 CHAIR KASSEKERT: Okay. And you 25 indicate in your report, you talked a lot about 59 GLENN C. KOEHLER 1 the gaming floor with respect to past problems, 2 and Ms. Definite informed you that due to a 3 major embezzlement and theft at the Tropicana 4 approximately five years ago that the Casino 5 Control Commission mandated additional coverage 6 at the Trop. You then go into a question of 7 minors getting into the casinos, and that's why 8 there were officers stationed at the entrances. 9 You go through this whole process in terms of 10 the gaming stuff. And then you make a 11 recommendation that considerations should be 12 given to eliminating those fixed positions and 13 utilizing half of the officers to rove the 14 gaming areas. You have seem to have taken a 15 lot of specifics with respect to the gaming 16 floor, but yet you didn't make specific 17 requirements in the other areas. 18 THE WITNESS: Well, minors is a big 19 issue in every state. 20 CHAIR KASSEKERT: Uh-huh. 21 THE WITNESS: It's a huge issue in every 22 state, and it's an issue in the state where I 23 come from. And I happen happened to have 24 observed to this property that I felt the 25 officers on those fixed positions at the 60 GLENN C. KOEHLER 1 entrances were ineffective due to the size of 2 the entrances. For example, an officer could 3 be asked a question, be answering an 4 individual, and a minor can walk -- or an 5 undesirable can walk right into that area. So 6 I felt it was kind of foolish to have that 7 person there. That was my feeling. Not -- 8 okay? That I felt that that officer would be 9 more effective actually going through the 10 gaming areas and watching to make sure minors 11 don't stop, they don't game, so forth. 12 CHAIR KASSEKERT: Okay. Commissioner 13 Sommeling? 14 COMMISSIONER SOMMELING: Mr. Koehler, 15 are you familiar with a subsequent report to 16 our general counsel from Miss Hughes with 17 respect to cutting of the security positions 18 within the Tropicana Casino and Hotel? 19 THE WITNESS: No, sir, I'm not. 20 COMMISSIONER SOMMELING: Did you ever 21 have a conversation with Mr. Lyons with respect 22 to the number of officers that were actually in 23 hotel security? 24 THE WITNESS: I believe we did. Yes. 25 COMMISSIONER SOMMELING: And do you 61 GLENN C. KOEHLER 1 recall what that number was? 2 THE WITNESS: It's in the -- I don't 3 have it specifically broken out, but it is in 4 the report. There's a pile of pages, and it 5 shows the positions. 6 COMMISSIONER SOMMELING: Well, would the 7 number nine refresh your memory? 8 THE WITNESS: I believe it's more than 9 nine, sir. There's nine supervisors. 10 COMMISSIONER SOMMELING: The report here 11 says nine officers. 12 THE WITNESS: (Reviewing.) Which page 13 are you looking at, sir? 14 COMMISSIONER SOMMELING: You don't have 15 this report. 16 THE WITNESS: Oh, I'm sorry. 17 COMMISSIONER SOMMELING: Yeah. This is 18 a report to our general counsel. 19 THE WITNESS: Yeah. My number nine 20 showed we had nine supervisors on the roster at 21 the time I was there. I recommended six hotel 22 officers. 23 COMMISSIONER SOMMELING: Okay. No more 24 questions. 25 CHAIR KASSEKERT: Commissioner Fedorko? 62 GLENN C. KOEHLER 1 VICE CHAIR FEDORKO: On Page 2 of your 2 report at the bottom -- 3 THE WITNESS: Yes, sir. 4 VICE CHAIR FEDORKO: Can you read that 5 last paragraph? 6 THE WITNESS: Last paragraph, sir? 7 VICE CHAIR FEDORKO: Starts off "at 8 present." 9 THE WITNESS: At present there are a 10 total of six officers assigned to the Quarter. 11 The suggestion that these six positions be 12 eliminated and the officers assigned as relief 13 officers -- and the officers be assigned as 14 relief officers to be patrol the Quarter when 15 they are free. 16 VICE CHAIR FEDORKO: What does that 17 mean, "when they are free"? 18 THE WITNESS: A relief officer is not 19 always assigned to a duty. They break another 20 officer for their breaks, X number of officers. 21 They have a certain amount of hours during that 22 day that they are free. They are not assigned 23 to a duty. And that's what I'm saying during 24 that period of time they could have patrolled 25 the Quarter. 63 GLENN C. KOEHLER 1 VICE CHAIR FEDORKO: How much free time 2 would they have in an eight-hour shift? 3 THE WITNESS: It could depend, sir, from 4 two hours to four hours, depending on how many 5 people they are breaking that day. 6 VICE CHAIR FEDORKO: So how do you cover 7 the Quarter with that -- with those amount of 8 hours? 9 THE WITNESS: You would have X number of 10 officers, sir. You probably would pick up 8 to 11 12 hours a day in coverage. Plus the property 12 does -- it's not in there, they do, I 13 understand, hire off-duty police officers. 14 CHAIR KASSEKERT: But then again on the 15 next page, the top of the next page you make a 16 recommendation with respect to the hotel 17 towers, and you say that the continuous 18 coverage on day shift should be eliminated and 19 random patrols being conducted by the relief 20 officers. How are the relief officers going to 21 cover both the Quarter and the hotel? 22 THE WITNESS: There are numerous relief 23 officers on every shift right now. Or there 24 were at the time. I'm not sure what is there 25 right now. 64 GLENN C. KOEHLER 1 CHAIR KASSEKERT: Uh-huh. 2 THE WITNESS: We do that at other 3 properties. We assign them X number of floors 4 before and after they go on break. Or if we 5 have an officer that's free, we send him up in 6 the hotel towers and do the parole during the 7 daylight hours when you have your staff on. 8 I'm not proposing eliminating the hotel patrols 9 during the nonbusiness hours. 10 CHAIR KASSEKERT: Anything else? 11 VICE CHAIR FEDORKO: You've done these 12 kind of reports for each of the casino that -- 13 THE WITNESS: For some casinos, yes, 14 sir. Not for all of them. 15 VICE CHAIR FEDORKO: And were all -- the 16 reports that you did, were all the 17 recommendations taken? 18 THE WITNESS: I would believe so, yes, 19 sir. I don't know for sure, but I believe so. 20 VICE CHAIR FEDORKO: So once you write 21 the report, you don't know what happens after 22 that? 23 THE WITNESS: Not necessarily, no. 24 Because I sent it into my superiors, and it may 25 or may not get implemented. I made my 65 GLENN C. KOEHLER 1 suggestions. 2 CHAIR KASSEKERT: Do you -- go ahead. 3 COMMISSIONER EPPS: I don't understand 4 that. So as the Director of Security for the 5 company, you don't oversee the implementation 6 companywide? You said you are the Director of 7 Security -- 8 THE WITNESS: Yes, sir. 9 COMMISSIONER EPPS: -- for Columbia 10 Entertainment. All the casino properties or 11 whatever. 12 THE WITNESS: Yes, sir. 13 COMMISSIONER EPPS: So as the top guy 14 you don't dictate down what you think should be 15 done? 16 THE WITNESS: No, sir. Each property, 17 so long as they conform with certain things, I 18 don't dictate to them. 19 COMMISSIONER EPPS: Then what is your 20 function as the top security guy? 21 THE WITNESS: If I'm requested, I go 22 into a property, look at their problems, 23 conduct investigations, do inspections. If the 24 property is having an issue, like one of our 25 properties is having an auto theft, I'll go in 66 GLENN C. KOEHLER 1 and make a recommendation and work with the 2 property to try to eliminate that. 3 COMMISSIONER EPPS: And other than that, 4 what do you do? 5 THE WITNESS: I daily overrule see two 6 casinos myself. 7 COMMISSIONER EPPS: Where are they? 8 THE WITNESS: Both in Lake Tahoe. 9 CHAIR KASSEKERT: All right. Let me see 10 if you can narrow down for me the number of 11 relief officers. On the first page you list 12 out all the titles, director, shift manager, 13 supervisors, security officers full-time. You 14 note 152. Out of that 152, do you recall how 15 many were relief officers? 16 THE WITNESS: I believe, if we look at 17 one of the pages, ma'am, I can bring it up for 18 you. It's -- 19 CHAIR KASSEKERT: Okay. 20 THE WITNESS: (Reviewing.) Minimum of 21 24. 22 CHAIR KASSEKERT: Twenty-four. Okay. 23 So you were recommending the elimination 24 of the six officers at the Quarter, and those 25 24 would cover that when they're free, when 67 GLENN C. KOEHLER 1 they're not relieving other people. And you're 2 recommending that on day shift those 24, not 3 only would they be covering the Quarter, but 4 they would also be covering the hotel. Do you 5 really think that's sufficient? 6 THE WITNESS: Yes, ma'am. Because 7 during the day you have the hotel staff in the 8 hotel. You don't require the same coverage 9 that you would nonhours, nonbusiness hours. 10 We -- I had worked with the risk management 11 with the property and identified the hours of 12 the issues, which were basically evening and 13 overnight hours. 14 CHAIR KASSEKERT: Any other questions? 15 COMMISSIONER EPPS: This 24 is not on 16 any shift. It's 24 total, right? 17 THE WITNESS: Twenty-four total; 18 correct, sir. 19 COMMISSIONER EPPS: How many on a shift? 20 THE WITNESS: It was four a shift. 21 COMMISSIONER EPPS: So four a shift? 22 THE WITNESS: Right. 23 COMMISSIONER EPPS: Four rovers, while 24 the other guys -- so they give breaks. So they 25 would cover the Quarter and the tower as they 68 GLENN C. KOEHLER 1 can when they free up? 2 THE WITNESS: Correct. 3 COMMISSIONER EPPS: Are you familiar 4 with the Quarter? 5 THE WITNESS: Yes, sir, I am. 6 COMMISSIONER EPPS: Do you know that's a 7 retail, commercial district, money, gifts, 8 presents, shoppers? 9 THE WITNESS: Yes, sir, I am. 10 COMMISSIONER EPPS: And you are 11 satisfied that the security guard, whenever he 12 can get through there, take a walk through, 13 would be enough? 14 THE WITNESS: That is augmented, I 15 understand, with by off-duty police officers, 16 sir. 17 COMMISSIONER EPPS: Okay. 18 CHAIR KASSEKERT: Any other questions? 19 COMMISSIONER SOMMELING: I have a 20 question. 21 CHAIR KASSEKERT: Go ahead. 22 COMMISSIONER SOMMELING: Just one more 23 question, Mr. Koehler. After you did this 24 report which was dated June the 24th of 2007 -- 25 THE WITNESS: Yes, sir. 69 GLENN C. KOEHLER 1 COMMISSIONER SOMMELING: -- and you went 2 back out west to your assigned casinos -- 3 THE WITNESS: Correct. 4 COMMISSIONER SOMMELING: -- had you had 5 any conversation with any executive in your 6 company about possible security cuts at the 7 Tropicana casino in New Jersey? 8 THE WITNESS: No, sir, I had not. 9 COMMISSIONER SOMMELING: None 10 whatsoever? 11 THE WITNESS: No, sir. 12 COMMISSIONER SOMMELING: And it's your 13 testimony that you are not aware of a 14 correspondence from Miss Hughes regarding 15 security cuts in all the posts on the property? 16 THE WITNESS: Yes, sir. 17 COMMISSIONER SOMMELING: So you are not 18 aware of that? 19 THE WITNESS: I am not. 20 COMMISSIONER SOMMELING: Never had a 21 conversation with Mr. Preston, Miss Hughes, or 22 Mr. Yung or anyone else? 23 THE WITNESS: No, sir. 24 COMMISSIONER SOMMELING: That's all I 25 have. 70 GLENN C. KOEHLER 1 COMMISSIONER FRULIO: One more question. 2 CHAIR KASSEKERT: Sure. Go ahead. 3 COMMISSIONER FRULIO: When you said 4 augmented by off-duty police officers, you're 5 talking about Atlantic City police officers? 6 THE WITNESS: That's my understanding, 7 sir, yes. 8 COMMISSIONER FRULIO: Can I ask how many 9 you how much you pay them? 10 THE WITNESS: I don't know. Mr. Lyons 11 told me that, so I don't have any idea what he 12 pays them. 13 VICE CHAIR FEDORKO: What do they do? 14 THE WITNESS: They actually patrol the 15 Quarter. 16 COMMISSIONER FRULIO: They are paid? 17 THE WITNESS: Pardon me? 18 COMMISSIONER FRULIO: They are paid? 19 THE WITNESS: My understanding, they 20 are. Yes. 21 VICE CHAIR FEDORKO: Are they in 22 uniform? 23 THE WITNESS: That I don't know. I 24 believe they are, but I don't know. 25 CHAIR KASSEKERT: You indicated -- and 71 GLENN C. KOEHLER - redirect 1 I'll try to end this shortly -- that you 2 visited the Borgata and the Taj. 3 THE WITNESS: Yes, ma'am. 4 CHAIR KASSEKERT: As a result of 5 visiting those two casinos, what implications 6 did you draw, and did any of that factor into 7 your report? 8 THE WITNESS: I don't really believe it 9 directly did. Actually, I -- I believe I saw 10 less security on each of those properties than 11 I saw at the Tropicana. 12 CHAIR KASSEKERT: But you never visited 13 the Showboat? 14 THE WITNESS: No, ma'am. I was never at 15 the Showboat. 16 CHAIR KASSEKERT: Okay. Anything on 17 redirect? 18 MS. MAHER: Was -- yes, please. Just -- 19 CHAIR KASSEKERT: Sure. 20 21 REDIRECT EXAMINATION BY MS. MAHER: 22 Q. Was it an important part of your 23 consideration the augmentation of the security with 24 off-duty police officers? 25 A. That factored into the elimination of a 72 GLENN C. KOEHLER - recross 1 parole officer from inside area, yes. 2 Q. It was an important factor in that? 3 A. I would say yes. 4 Q. Why isn't it in this report? 5 A. Again, I just didn't put it in there. 6 I'm sorry. 7 CHAIR KASSEKERT: Anything on recross? 8 MR. O'GARA: Please. 9 CHAIR KASSEKERT: Sure. 10 11 RECROSS-EXAMINATION BY MR. O'GARA:. 12 Q. Came to Atlantic City. You spoke with 13 the director of security, Mr. Buro and Miss Hughes 14 while you were here. 15 A. Yes, sir. 16 Q. You went back and you wrote this report. 17 Did any of them speak with you about what -- on the 18 phone after you got back -- what goes in the report or 19 what's in it? 20 A. No. Not until I had the conversation 21 with Mr. Preston and Mr. Lyons afterwards. 22 Q. When you're back writing the report, did 23 you speak with Mr. Yung? 24 A. No, sir. 25 Q. Mr. Reinhardt? 73 GLENN C. KOEHLER - recross 1 A. No, sir. 2 Q. Mr. Preston? 3 A. No, sir. 4 Q. Anyone from Tropicana in Atlantic City 5 about what's going to be in this report? 6 A. No, sir. I didn't speak to anybody, 7 period, about it. 8 Q. And you e-mailed and then faxed a copy 9 to Kevin Preston? 10 A. Correct. 11 Q. And following that, you had a 12 conversation with Mr. Preston, the Director of 13 Security, and you believe possibly Mr. Buro about the 14 report. 15 A. I don't recall Mr. Buro being a part of 16 that conversation. 17 Q. And was part of that conversation about 18 the report, about discussions you had you had had with 19 them earlier? 20 A. No. 21 Q. But other than that, you didn't discuss 22 this with anyone? 23 A. Correct. 24 Q. And you don't know what anyone did with 25 the report? 74 GLENN C. KOEHLER 1 A. That's correct. 2 Q. At present, you said that you oversee 3 day-to-day security of two casinos in Lake Tahoe. 4 A. That's correct, sir. 5 Q. Since Mr. Preston has held his position, 6 has he given you any additional assignments beyond 7 those two casinos in Lake Tahoe? 8 A. No, sir. 9 MR. O'GARA: I don't have any other 10 questions. 11 VICE CHAIR FEDORKO: I have a question. 12 CHAIR KASSEKERT: Go ahead. 13 VICE CHAIR FEDORKO: One final question. 14 Who is better equipped to decide what's best 15 for Tropicana in security, you or the Director 16 of Security who works at Tropicana? 17 THE WITNESS: I think it's a team. He 18 is more familiar with the property than I am, 19 sir. 20 VICE CHAIR FEDORKO: Does that mean he's 21 better equipped to decide what's best for 22 Tropicana in Atlantic City? 23 THE WITNESS: I don't know if I can 24 qualify that, sir. I don't know that much 25 about him, and I don't know his background, 75 1 sir. 2 VICE CHAIR FEDORKO: But you met with 3 him? 4 THE WITNESS: Yes. But it's always 5 better as a team, sir. 6 VICE CHAIR FEDORKO: Did you ask him his 7 background? 8 THE WITNESS: Yes, I did. And I don't 9 recall what he told me it was. 10 VICE CHAIR FEDORKO: Well, it must not 11 have made much an impression on you. 12 THE WITNESS: Sir, I meet a lot of 13 people. I remember the negative more than I do 14 the positive. 15 VICE CHAIR FEDORKO: Okay. 16 CHAIR KASSEKERT: Anything else? 17 COMMISSIONER SOMMELING: Not at this 18 time, Chair. 19 CHAIR KASSEKERT: Okay. You may step 20 down. Thank you. 21 Ms. Maher, I'm assuming we should 22 probably -- it's 20 after 5:00, past 20 after 23 5:00 at this point. I understand you have an 24 additional witness you want to call? 25 MS. MAHER: Yes. Yes. 76 1 CHAIR KASSEKERT: Should we do that 2 tomorrow? 3 MS. MAHER: Yes. 4 CHAIR KASSEKERT: Should we adjourn now? 5 MS. MAHER: Based on my understanding of 6 the schedules, I think that would be 7 appropriate. 8 CHAIR KASSEKERT: Okay. Do we need to 9 make any announcements about what, 10 MS. FAUNTLEROY: We can take a brief 11 recess to wrap up the sealing request of the 12 last document. 13 CHAIR KASSEKERT: Okay. 14 MS. FAUNTLEROY: And come right back. 15 CHAIR KASSEKERT: Come right back. All 16 right. 17 (A recess was taken from 5:19 to 5:28 18 p.m.) 19 CHAIR KASSEKERT: We'll go back on the 20 record. 21 MR. O'GARA: I'm sorry. I'm sorry. 22 CHAIR KASSEKERT: What are you sorry 23 about? What are you sorry about? 24 MR. O'GARA: That I was talking while 25 you were talking. 77 1 CHAIR KASSEKERT: No. I just said we'll 2 go back on the record . 3 MR. O'GARA: So I can still talk? 4 CHAIR KASSEKERT: No. But you didn't 5 need to apologize. 6 MR. O'GARA: I take it back. 7 CHAIR KASSEKERT: Okay. Good. 8 Let me deal first with the sealing 9 request. There's a request by the Tropicana to 10 seal portions of D-65, Mr. Koehler's report. 11 Most of the matters contained in the report 12 have been the subject of testimony from Mr. 13 Koehler. Accordingly, they should not be 14 sealed. However, there are limited designated 15 portions that should be sealed as they relate 16 to internal controls. Therefore, I'll move to 17 deny the sealing request except for those 18 designated internal control matters. 19 Let me deal with the procedure with 20 respect to tomorrow. It's anticipated that 21 there will be at least two additional -- 22 I'm sorry? 23 MR. INGIS: Madame Chair, was that a 24 motion? 25 CHAIR KASSEKERT: Oh, we need a motion. 78 1 MR. INGIS: Motion for sealing. 2 COMMISSIONER EPPS: Second. 3 COMMISSIONER FRULIO: Motion made and 4 seconded. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: Motion carries. 11 And now let me deal with the procedure 12 for tomorrow. It's anticipated there will be 13 at least two additional witnesses, which 14 testimony we anticipate completing tomorrow. 15 Assuming that to be the case, we will entertain 16 argument for the imminent arrival of the 17 exploration date of the casino and CHAB 18 licenses, which we know are coming at the end 19 of the week, and from there we will set a 20 closing argument schedule. 21 Okay? 22 MS. FLAHERTY: Thank you, Chair. 23 CHAIR KASSEKERT: Oh, we start tomorrow 24 at 10:00. 25 MS. MAHER: Thank you. 79 1 CHAIR KASSEKERT: Thank you. Okay. Can 2 we have a motion to adjourn? 3 COMMISSIONER SOMMELING: Motion to 4 adjourn. 5 VICE CHAIR FEDORKO: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: Motion carries. 12 (The Special Meeting was adjourned at 13 5:30 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 80 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: November 29, 2007 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25