1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 09-06-17 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, June 17, 2009 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:38 a.m. to 11:30 a.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 MICHAEL C. EPPS, VICE CHAIR MICHAEL A. FEDORKO, COMMISSIONER 4 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 DENIS J. CORBETT, SENIOR COUNSEL E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 10 LON E. MAMOLEN, SENIOR COUNSEL ROBERT A. MONCRIEF, COUNSEL 11 TRACY E. RICHARDSON, COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 DIVISION OF GAMING ENFORCEMENT: 13 JOSH LICHTBLAU, DIRECTOR 14 DEPUTY ATTORNEYS GENERAL JAMES J. ARMSTRONG, DEPUTY ATTORNEY GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL CHANTA L. HOWARD, DEPUTY ATTORNEY GENERAL 16 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL DOROTHY TURI, DEPUTY ATTORNEY GENERAL 17 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 4 DENIS J. CORBETT, SENIOR COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 3 FREDERICK T. CUNNINGHAM, ESQ. FOR: TRUMP MARINA ASSOCIATES, LLC 4 ITEM NO. 5 DENIS J. CORBETT, SENIOR COUNSEL 5 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL KAREN M. WOSNACK, ESQ. 6 FOR: RESORTS INTERNATIONAL HOTEL, INC. 7 ITEM NO. 12 TRACY E. RICHARDSON, COUNSEL DOROTHY TURI, DEPUTY ATTORNEY GENERAL 8 MICHAEL A. MAGAZZU, ESQ. FOR: HARRAH'S ENTITIES 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 09-06-17 2 June 17, 2009, 10:38 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 June 3, 2009, public meeting 4 2 Applications for employee and casino service industry licenses 5 10 initial and/or renewal of casino key 25 26 and casino employee licenses 6 7 initial and/or renewal of casino key 26 26 and casino employee licenses 7 Applications for renewal of casino key employee licenses and for qualification: 8 Erin L. Hansen, Vice President of Marketing for Boardwalk Regency Corporation 9 Patricia A. Rocco, Vice President of Human Resources for RIH Acquisitions, NJ, Inc. 10 3 Stipulations of settlement and consent agreements: 11 a) Christopher J. Hager, Sr. (08-0982-EA) 27 29 b) Bok H. Kim (08-0762-EA) 27 29 12 c) Anthony F. Giuliante (09-0044-ER) 27 29 d) Robert L. McGee (07-0239-ER) 27 29 13 e) Josephina Pisano (09-0028-RC) 27 29 f) Alfonso Evans, Jr. (09-0082-EA) 27 29 14 g) Mary A. Velez (a/k/a Mary Velez- 27 29 Vazquez (09-0332-EA) 15 h) Jennifer L. Dempsey (09-0086-EA) 27 29 i) Marcellius L. Williams (08-0253-EA) 27 29 16 j) Damita Daniel (08-0891-ER) 27 29 k) Phillip E. Terry (09-0025-ER) 29 31 17 l) Andrea R. Duncan (09-0259-EA) 27 29 4 Stipulation of settlement in State v. 31 32 18 Trump Marina Associates, LLC ( d/b/a Trump Marina Hotel Casino) (08-0768-VC) 19 5 Stipulation of settlement in State v. 33 34 Resorts International Hotel, Inc. (d/b/a 20 Resorts Atlantic City) (08-0951-VC) 6 Initial decision of State v. Tylisa A. 34 46 21 Montague (08-0682-RC) 7 Petition of Mark Grisby for early 47 49 22 Reapplication (09-0081-RA) 8 Application for suspension in State v. 49 50 23 Aida E. Moya (09-0364-RC) 9 Consideration of final exclusion orders: 24 a) Collis Brown (08-0512-EL) 50 50 b) Frank Malangone (09-0031-EL) 50 50 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 09-06-17 2 June 17, 2009, 10:38 a.m. ITEM PAGE VOTE 3 10 Reconsideration of Commission final order adj. due to non-compliance concerning Michael 4 Brown (08-0961-NC) 11 Consideration of forfeiture orders in 5 State v.: a) Marina Associates, et al. (09-0054-VC) 52 54 6 b) Marina District Development Company, 52 54 LLC, et al., (09-0065-VC) 7 12 Petition of Harrah's Entertainment, 54 56 Inc., Harrah's Operating Company, and 8 Harrah's Atlantic City Operating Company, LLC, Showboat Atlantic City Operating 9 Company, LLC, Bally's Park Place, Inc., and Boardwalk Regency Corp., to permit 10 Diane Wilfong to perform the duties and exercise the powers of Vice President, 11 Controller, and Chief Accounting Officer pending plenary qualification (PRN 1530903) 12 13 Consideration of the qualification of 57 58 Cheryl Kondra to serve as Vice President 13 and Chief Audit Executive of Harrah's Operating Company, Inc., and Harrah's 14 Entertainment, Inc. 14 Proposed temporary adoption of amendment 59 61 15 to NJAC 19:47-11.14; notice of rulemaking experiment for new pay table for progressive 16 pai gow poker wager pursuant to NJSA 5:12-69e 15 Petition of 2K9, LLC, and Trump Marina 61 63 17 Associates, LP (d/b/a Trump Marina Hotel and Casino) for approval of the game of 18 grand slam ponuckle rulemaking (PRN 1100903) 19 PUBLIC PARTICIPATION: DAG MARY JO FLAHERTY 63 20 JOSH LICHTBLAU, DGE DIRECTOR 64 TIMOTHY J. LOWRY, JR., ESQ. 65 21 FRANKLIN JOHNSON 66 22 23 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 103 license X 5 P-2 Grant 7 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 7 1 (Public Meeting 09-06-17 was commenced 2 at 10:38 a.m.) 3 MR. NANCE: Good morning. 4 I'd like to read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on October 7, 2008, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On October 7, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs, and we ask that this be 16 done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cell phones in the public 19 meeting room while the Commission is in session 20 is prohibited. 21 Any member of the public who wish to 22 address the Commission will be given the 23 opportunity to do so before the Commission 24 adjourns for the day. 25 Would everyone please stand for the 8 ITEM NO. 1 1 Pledge of Allegiance. 2 (The flag salute was recited.) 3 CHAIR KASSEKERT: Good morning. 4 MR. NANCE: Good morning. 5 The matters discussed in closed session 6 were employee and enterprise license matters. 7 The Commission approved the June 3rd, 8 2009, closed session minutes. 9 Litigate update regarding Edwards versus 10 Adamar of New Jersey, Inc., et al. 11 Item No. 1, ratification of the minutes 12 of June 3rd, 2009, public meeting. 13 COMMISSIONER SOMMELING: Move to 14 approve. 15 COMMISSIONER FEDORKO: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 VICE CHAIR EPPS: Madame Chair. 23 CHAIR KASSEKERT: Thank you, 24 Commissioner. 25 VICE CHAIR EPPS: I move that we agend 9 1 the -- I mean amend the agenda for a special 2 res -- motion item that I'd like to put on the 3 agenda as the next item. 4 CHAIR KASSEKERT: You may proceed, 5 Commissioner Epps. 6 VICE CHAIR EPPS: Okay. Whereas Dennis 7 Kell was born on New Year's Day 1947 and 8 attended the Millville schools through his 9 graduation in 1965 and; 10 Whereas, Dennis Kell attended Vanterbilt 11 University of the Southeastern Conference, 12 founded in the spring of 1873, thanks to the $1 13 million gift of Commodore Cornelius Vanderbilt, 14 the Commodore's only major philanthropy due to 15 the Commodore's admiration and support for the 16 project of building a university in the south 17 that would contribute to the strengthening of 18 the ties which should exist between all 19 sections of our common country, and he 20 graduated from there in 1969 but not before 21 serving as a bottle inspector for the Wheaton 22 Glass factory and; 23 Whereas, Dennis Kell attended Stanford 24 University, located between San Francisco and 25 San Jose in the heart of Silicon Valley, one of 10 1 the world's leading research and teaching 2 institutions founded by Leland and Jane 3 Stanford to promote the public welfare by 4 exercising an influence on behalf of humanity 5 and civilization, Stanford, which opened its 6 doors in 1891, and more than a century later, 7 remains dedicated to finding solutions to the 8 great challenges of the day and to preparing 9 our students for leadership in today's complex 10 world today, in spite the fact that Dennis Kell 11 attended. 12 (Laughter.) 13 VICE CHAIR EPPS: And, whereas, Stanford 14 graduated Astronauts Eileen Collins, Mae 15 Jemison, Bruce McCandless, Ellen Ochoa, and 16 Sally Ride; Vinton Cerf, the co-author of 17 internet protocol; Ray Dolby designed noise 18 reduction systems; Nobel Prize winners Dudley 19 Herchbach and Eric Cornell; Brent Townsend, the 20 inventor of the 56k modem; Brad Parkinson, GPS 21 principal inventor -- investigator, Steve 22 Ballmer, CEO of Microsoft; Jeff Bewkes, CEO of 23 Time Warrner, Inc.; Sergey Brin and Lawrence 24 Page, Google founders; Doris Fisher, co-founder 25 of Gap, Inc.; Joseph Gallo, CEO, E. & J. Gallo 11 1 Winery; Reed Hastings, Chairman and CEO of 2 Netflix, Inc.; William Hewlett and David 3 Packard, both deceased, founders of the 4 Hewlett-Packard; Philip Knight, Chairman of 5 Nike; Peter Magowan, partner of the San 6 Francisco -- and -- and I could go on -- and 7 Dennis Kell 8 (Laughter.) 9 COMMISSIONER FEDORKO: Where is Mr. 10 Dolby when we need him? 11 (Laughter.) 12 VICE CHAIR EPPS: Whereas, Dennis Kell 13 took all of that fine education and returned to 14 New Jersey where he toiled in the firm of 15 Wodlinger & Kell in Millville, New Jersey, for 16 many years and then was hired by the New Jersey 17 Casino Control Commission on December 3rd, 18 1980, and; 19 Whereas Dennis Kell was promoted to 20 Senior Assistant Counsel in or about July of 21 1982, and; 22 Whereas Dennis Kell was promoted to 23 Gaming Regulator 2 in or October -- about 24 October of 1982 and Attorney 3 in or about June 25 of 2003 and; 12 1 Whereas Dennis Kell is a man of 2 unquestioned integrity, decency, dedication, 3 dependability, dry wit, wisdom, and has assumed 4 the role of chief farewell message writer in 5 the absence of his friend Dennis Daly and now 6 we learned of -- and then we learned of his 7 desire to retire in 2008, which was 8 administratively aborted. 9 (Laughter.) 10 VICE CHAIR EPPS: Which brings us to 11 today and the matter which I bring before the 12 Commission. 13 Madame Chair, in light of the foregoing 14 and given the current state of flux of the 15 economy and of the industry and with the threat 16 of competition in Pennsylvania and New York and 17 with Delaware getting table games and sports 18 betting and Maryland coming on-line in the next 19 decade or so, and with Commission Fedorko 20 leaving, I'm compelled to move that we reject 21 Dennis Kell's resignation -- 22 (Laughter.) 23 VICE CHAIR EPPS: -- deem him an 24 essential permanent employee until further 25 notice. 13 1 (Laughter.) 2 VICE CHAIR EPPS: And with that, I will 3 defer to General Counsel for a ruling as to 4 whether this motion is in order. 5 MS. FAUNTLEROY: And I would defer to 6 Dennis Kell -- 7 (Laughter.) 8 MS. FAUNTLEROY: -- to determine whether 9 he would accept the motion. 10 VICE CHAIR EPPS: Well -- 11 CHAIR KASSEKERT: Well, I don't think he 12 can. I'm going to second that motion. 13 VICE CHAIR EPPS: I'm asking for a 14 ruling. The ruling doesn't seem to come. 15 So -- 16 (Laughter.) 17 VICE CHAIR EPPS: Since that motion is 18 not in order, then I move that the Commission 19 wish Dennis Kell well in his retirement. 20 CHAIR KASSEKERT: I will second that 21 motion as well. 22 Motion has been made and seconded. All 23 in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 14 1 (No response.) 2 CHAIR KASSEKERT: Motion carries. 3 Dennis? 4 (Applause and standing ovation.) 5 CHAIR KASSEKERT: Dennis, I'm sure my 6 colleagues will want to make comments as well. 7 But I totally concur with Commissioner Epp's 8 thoughts. We will certainly miss your dry wit. 9 I know that I will miss you because you've 10 given me all the gossip about the Division of 11 Gaming Enforcement, so I'm not sure who's going 12 to take your place there. But you are an 13 expert on the Casino Control Act, an expert on 14 all those games. 15 And, Robert, we hope you can live up to 16 Dennis' stature here at the Commission. 17 But I can say, truly, you are an 18 exceptional public servant who has always been 19 there to help us through these processes and to 20 make us laugh when things have gotten a little 21 crazy. So I will certainly miss you and want 22 to wish you every -- every good wish on a long 23 and healthy and happy retirement. And I know 24 you're going to be spending a lot of time with 25 your daughter, which is great. 15 1 So on behalf of the Commission, and I'm 2 sure they'll want to make some comments as 3 well, good luck and God bless. 4 Commissioner Fedorko? 5 (Laughter.) 6 COMMISSIONER FEDORKO: You know, I saw a 7 picture of you when you first came here, and 8 I'm looking at you now. What the hell happened 9 to you? 10 (Laughter.) 11 COMMISSIONER FEDORKO: With the beard 12 and the glasses and the long hair and 13 everything? 14 MR. KELL: I cleaned up my act. 15 (Laughter.) 16 COMMISSIONER FEDORKO: Well, I'll tell 17 you, I am so taken by you're leaving that I'm 18 going to leave, too. 19 It's not going to be the same. But I'll 20 save the rest for tomorrow. 21 CHAIR KASSEKERT: Commissioner 22 Sommeling? 23 COMMISSIONER SOMMELING: Dennis, I don't 24 know whether by the expression on your face 25 you're happy you're leaving or you're happy 16 1 you're staying. It never changes. Just like 2 you. You never change, and you've been one of 3 our best people for all these so many years and 4 given us a lot of support. And I can only wish 5 you the best in your retirement and happiness 6 with your family and your daughter. And try 7 not to stay on the land, like we always 8 discussed, mate? 9 MR. KELL: Okay. 10 VICE CHAIR SOMMELING: Get off into the 11 water and do that sailing and have a good time. 12 And God bless you. 13 MR. KELL: Thank you. 14 CHAIR KASSEKERT: Congratulations, 15 Dennis. 16 I also have a resolution to read. 17 COMMISSIONER FEDORKO: Don't be looking 18 at me. 19 (Laughter.) 20 CHAIR KASSEKERT: I hope I can make -- 21 make through it without -- without tearing up. 22 I'm going to try. So let me read this 23 resolution, which is Resolution No. 24 09-06-17-16. 25 Resolution of the New Jersey Casino 17 1 Control Commission commending Commissioner 2 Michael A. Fedorko for service of the 3 Commission: 4 Whereas Michael A Fedorko was appointed 5 to the Casino Control Commission on November 6 17th, 1999, and; 7 Whereas he served the Commission and the 8 people of the State of New Jersey with 9 distinction from November 17th, 1999, to July 10 1st, 2009, including one term as Acting Chair 11 from August 14th, 2002, to October 30th, 2002, 12 and two terms as Vice Chair in 2002 and 2007; 13 Whereas he has demonstrated the highest 14 level of personal integrity, scholarship, and 15 dedication in fulfilling his responsibilities 16 as Commissioner and; 17 Whereas he has exhibited honesty, 18 dignity, compassion in discharging his duties 19 and ensuring that all individual applicants and 20 respondents were treated fairly and equitably 21 and; 22 Whereas his passion, independence, and 23 overriding commitment to justice enhance the 24 public trust and confidence in the regulation 25 of casino gaming in Atlantic City and; 18 1 Whereas his wisdom, professionalism, and 2 tenacity earned him the praise, respect, and 3 admiration of his colleagues in the entire 4 casino gaming community and; 5 Whereas his unique appreciation of the 6 renowned superiority of the gaming attorneys 7 appearing before the Commission through the 8 years and his acute insight, perceptive 9 analysis of the myriad complex issues 10 confronting this agency aided immeasurably the 11 Commission's decision-making process, and; 12 Whereas it is fitting and appropriate to 13 commend Michael A. Fedorko for his noteworthy 14 achievements and special contributions to the 15 Commission, the State of New Jersey, and the 16 casino gaming industry during his distinguished 17 service; 18 Now therefor be it resolved that the 19 Casino Control Commission and its staff hereby 20 express their gratitude to Michael A. Fedorko 21 for his invaluable service to the Commission, 22 for his contributions to the proper regulation 23 of casino gaming, and to the realization of the 24 ultimate social and economic purposes of the 25 Casino Control Act, and for his good will and 19 1 friendship and; 2 Be it further resolved that the 3 Commission and its staff hereby extend their 4 best wishes to Michael A. Fedorko in all of his 5 future endeavors and; 6 Be it further resolved that this 7 resolution be placed in the record as a 8 commemoration of our sincere appreciation and 9 our heartfelt best wishes. 10 Congratulations, Commissioner Fedorko. 11 COMMISSIONER FEDORKO: Thank you. 12 (Applause and standing ovation.) 13 CHAIR KASSEKERT: Let me just say a few 14 addition words on your leaving. You know, you 15 have taught me so much. I never knew what the 16 terminology "hit the head" was before -- 17 (Laughter.) 18 CHAIR KASSEKERT: -- before I met you. 19 So you have taught me that. 20 I will be very relieved now that I will 21 no longer have to hold my breath every time 22 that Casiello appears for fear that you're 23 going to hold a "super lawyer" sign up at him. 24 Commissioner Epps, I know, is going to 25 be heartbroken because there's not going to be 20 1 anyone around to call him "the kid" anymore. 2 But, on the other hand, I know you're going to 3 miss us. You're going to miss Commissioner 4 Sommeling, because he's the only one that will 5 still call you "colonel." 6 (Laughter.) 7 CHAIR KASSEKERT: And I know you're 8 going to miss Atlantic City, even though you're 9 still going to have a residence down here. 10 Because now you'll be finally be able to go to 11 the Palm, but it's going to be 120 miles away, 12 so you're not going to make it there. 13 And I know that in about three months' 14 time you're going to call me and say, I miss 15 you, Linda; right? 16 COMMISSIONER FEDORKO: Right. 17 (Laughter.) 18 CHAIR KASSEKERT: So let me say 19 congratulations on your new endeavors. It's 20 been a pleasure to serve with you. It's been a 21 pleasure to call you my friend. 22 COMMISSIONER FEDORKO: Thank you. 23 CHAIR KASSEKERT: You've been there for 24 me a lot of times, and your counsel has been 25 great, and I will truly miss you. 21 1 COMMISSIONER FEDORKO: Thank you. 2 CHAIR KASSEKERT: Let me see if my 3 colleagues -- 4 Commissioner Sommeling? 5 COMMISSIONER SOMMELING: Boy, after all 6 that, Linda, I don't know what to say. 7 (Laughter.) 8 COMMISSIONER SOMMELING: Except to say 9 that it is been a real pleasure working with 10 Michael Fedorko. And, yes, I do call him 11 "colonel." He's earned that title. And I 12 respect him, and he's a great and -- great 13 inspirationer for the rest of the 14 Commissioners. I think he has lent an awful 15 lot of the credibility to the Commission in the 16 way that he's performed his duties when he's 17 been here. And when I say I look up to 18 somebody, I literally look up to him. I see 19 about the bottom of his chest. Maybe about 20 here. 21 (Laughter.) 22 COMMISSIONER SOMMELING: So as 23 intimidating? Yes, he's intimidating, but I 24 don't think you'll ever find a better friend. 25 It's a pleasure knowing you, and I wish you all 22 1 the success in the world. 2 CHAIR KASSEKERT: Commissioner Epps? 3 Vice Chair Epps. 4 VICE CHAIR EPPS: Growing up -- 5 COMMISSIONER FEDORKO: The short 6 version. 7 (Laughter.) 8 VICE CHAIR EPPS: I was born in... 9 (Laughter.) 10 VICE CHAIR EPPS: Most of my life, I've 11 been the "big Mike," and it was awkward to come 12 here and not be the big Mike. And I guess now 13 I can have my name back. 14 (Laughter.) 15 VICE CHAIR EPPS: But, you know, I mean, 16 he's been a special guy. I'm going to cut it 17 short. But the first day I started here, he 18 picked me up at home and brought me in. So he 19 took me in under his wing from the beginning, 20 and I'm going to miss you. I appreciate all 21 the help and camaraderie and friendship and 22 conversations. It's been good having you. I'm 23 going to miss you. 24 COMMISSIONER FEDORKO: Okay. 25 CHAIR KASSEKERT: Commissioner Fedorko, 23 1 do you have anything you'd like to say? 2 COMMISSIONER FEDORKO: Yeah. First of 3 all, I want to thank Mr. Wittkowski for putting 4 my age in the story. 5 (Laughter.) 6 COMMISSIONER FEDORKO: And my salary. I 7 haven't been able to get anybody to buy lunch 8 since then. 9 (Laughter.) 10 COMMISSIONER FEDORKO: And I was over 11 at -- we had a Marine Corps event this weekend, 12 and one of the women that worked in one of the 13 restaurants came over to me, and she painted to 14 me and said, hey, is that you that I read 15 about? And I say, yeah. Yeah. She said, holy 16 God. She said, I didn't know you were that 17 old. 18 (Laughter.) 19 COMMISSIONER FEDORKO: And that's a true 20 story. So, thank you. Don. 21 (Laughter.) 22 COMMISSIONER FEDORKO: I don't know who 23 wrote all that stuff, but please I need for you 24 to come up with me to the new job because I'm 25 going to need that. 24 1 And I don't know how smart I am. I'm 2 trading in a view of the ocean for a view of 3 the entrance to the Holland Tunnel. 4 (Laughter.) 5 COMMISSIONER FEDORKO: But, hey. It is 6 what it is. 7 But I've really enjoyed this. I've 8 enjoyed working with everybody, even the gaming 9 attorneys. Who are great Americans. 10 (Laughter.) 11 COMMISSIONER FEDORKO: But, really, I 12 really have. I appreciate everything. I've 13 appreciated everything you've done for me. 14 Thank you very much. 15 CHAIR KASSEKERT: Congratulations. 16 (Applause.) 17 CHAIR KASSEKERT: All right. Now we can 18 get to work. 19 COMMISSIONER FEDORKO: Yes. 20 MS. FAUNTLEROY: Point of order. You 21 actually need to have a motion and a second on 22 this one. 23 CHAIR KASSEKERT: I do. All right. 24 Okay. 25 MS. FAUNTLEROY: And then move the 25 ITEM NO. 2 1 actual resolution. 2 VICE CHAIR EPPS: I move the resolution. 3 COMMISSIONER SOMMELING: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 Thank you. 11 Now we'll return to the business of the 12 day. 13 MR. NANCE: Item No. 2, application for 14 employee and casino service industry licenses. 15 VICE CHAIR EPPS: Where are you going? 16 (Laughter.) 17 MS. FAUNTLEROY: I told you. 18 MR. NANCE: As I recall Item No. 2, this 19 agenda item will be entered as Exhibit List 1 20 and 2. 21 Exhibit List 1 consists of 10 22 applications for initial and/or renewal of 23 casino key and casino employee licenses. 24 The Division has objected to licensure. 25 VICE CHAIR EPPS: I move that we remand 26 ITEM NO. 2 1 these 10 items for hearing. 2 COMMISSIONER FEDORKO: Second. 3 COMMISSIONER SOMMELING: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 MR. NANCE: Exhibit List 2 consists of 11 seven applications for initial and/or renewal 12 of casino key and casino employee licenses. 13 Staff and the Division have recommended 14 that these licenses be granted. 15 COMMISSIONER FEDORKO: Motion to grant 16 applications. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: Motion carries. 24 MR. NANCE: For consideration are the 25 following applications for renewal of casino 27 ITEM NO. 3 1 key and employee licenses and for 2 qualification: For Erin L. Hansen, Vice 3 President of Marketing, for Boardwalk Regency 4 Corporation, and Patricia A. Rocco, Vice 5 President of Human Resources for RIH 6 Acquisitions, New Jersey, Inc. 7 Staff and the Division have recommended 8 that these applications be granted. 9 COMMISSIONER FEDORKO: Motion to grant 10 renewal of key licenses for qualification. 11 VICE CHAIR EPPS: Second. 12 CHAIR KASSEKERT: Motion has been made 13 and seconded. This is a roll call vote. 14 MR. NANCE: Commissioner Fedorko? 15 COMMISSIONER FEDORKO: Yes. 16 MR. NANCE: Commissioner Sommeling? 17 COMMISSIONER SOMMELING: Yes. 18 MR. NANCE: Vice Chair Epps? 19 VICE CHAIR EPPS: Yes. 20 MR. NANCE: Chair Kassekert? 21 CHAIR KASSEKERT: Yes. 22 MR. NANCE: The record will reflect that 23 the motion is unanimous. 24 Item No. 3, stipulation of settlement 25 and consent agreements. When I call your name, 28 ITEM NO. 3 1 please come forward, standing behind this 2 middle table, spreading across the room so that 3 you may be seen: Christopher Hager, Sr., Bok 4 Kim, Anthony Giuliante, Robert McGee Josephina 5 Pisano, Alfonso Evans, Jr., Mary Velez, 6 Jennifer Dempsey, Marcellius Williams, Damita 7 Daniel, and Andrea Duncan. 8 CHAIR KASSEKERT: Has everyone whose 9 name been called come forward at this point? 10 Okay. Let me that you each state your 11 name for the record, starting with you, sir. 12 What is your name? 13 MR. KIM: Bok Kim. 14 CHAIR KASSEKERT: Thank you. 15 MS. VELEZ: Mary A. Velez. 16 MR. HAGER: Christopher Hager, Sr. 17 MR. GIULIANTE: Anthony Giuliante. 18 CHAIR KASSEKERT: Okay. In a moment we 19 are going to vote on the stipulations which 20 you've agreed to with the Division of Gaming 21 Enforcement. I'm going to ask if any of you 22 wish to be heard at this point. You don't have 23 to say anything if you don't want to. 24 Does anyone wish to be heard? 25 (No response.) 29 ITEM NO. 3 1 CHAIR KASSEKERT: Mr. Armstrong? 2 MR. ARMSTRONG: The Division has nothing 3 to add, Madame Chair. Just ask that you 4 approve the stipulations of settlement. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 COMMISSIONER FEDORKO: Motion to approve 8 stipulations. 9 VICE CHAIR EPPS: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 COMMISSIONER SOMMELING: Madame Chair, 17 is that with the exception of k? 18 CHAIR KASSEKERT: We're going call k 19 separately. 20 Thank you for coming. Good luck. 21 FROM THE FLOOR: Thank you. 22 CHAIR KASSEKERT: Thank you. 23 MR. NANCE: I'd like to call now, 24 Phillip E. Terry. 25 CHAIR KASSEKERT: Is Mr. Terry here? 30 ITEM NO. 3 1 (No response.) 2 CHAIR KASSEKERT: Okay. Mr. Armstrong? 3 MR. ARMSTRONG: Chair, Commissioner. 4 You have the stipulation of settlement before 5 you. 6 I believe the only issue in this matter 7 is the good character issue. The Division -- 8 Deputy Attorney Howard has decided that this is 9 best to be revolved through the stipulation of 10 settlement. We ask that you approve it. 11 I'll answer any questions that you may 12 have. 13 CHAIR KASSEKERT: Thank you. 14 Any questions? 15 COMMISSIONER SOMMELING: No questions, 16 Madame Chair. 17 VICE CHAIR EPPS: No. 18 I move that we approve the proposed 19 motion -- or stipulation of settlement and 20 grant the application for renewal of casino key 21 employee license and approve the sealing 22 request to seal Exhibits B-1 through B-10. 23 COMMISSIONER SOMMELING: Second. 24 COMMISSIONER FEDORKO: Second. 25 CHAIR KASSEKERT: The motion has been 31 ITEM NO. 4 1 made and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: Motion carries. 6 MR. NANCE: Item No. 4, stipulation of 7 settlement in State versus Trump Marina 8 Associates, LLC. 9 Mr. Corbett? 10 MR. CORBETT: Good morning, Chair, 11 Commissioners. 12 In this case the casino licensee admits 13 to regulatory violation and agrees to a penalty 14 of $30,000. 15 Mr. Cunningham is here for the casino 16 licensee and Mr. Stebbins for the Division. 17 CHAIR KASSEKERT: Thank you. 18 Good morning, Mr. Cunningham. 19 MR. CUNNINGHAM: Good morning. 20 I did anticipate in the preparation of 21 stipulation of settlement, and the Trump Marina 22 is in agreement with its terms. I would just 23 ask that the Commission approve it. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Stebbins? Good morning. 32 ITEM NO. 4 1 MR. STEBBINS: Good morning. 2 Madame Chair, members of the Commission, 3 I will echo Mr. Cunningham's words. We've 4 worked out a stipulation that resolves the 5 issues. There is an admission to a regulatory 6 violation. And, as you can see, since we both 7 agreed with it, we believe the suggested 8 penalty, subject to your approval, is 9 appropriate. I'd ask you to approve that 10 stipulation. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER FEDORKO: Motion to approve 15 the stipulation of settlement and impose a 16 civil penalty of $30,000 against Trump Marina 17 Associates, LLC, for violation of Commission 18 regulations regarding manual slot pay outs. 19 VICE CHAIR EPPS: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: Motion carries. 33 ITEM NO. 5 1 MR. STEBBINS: Thank you. 2 MR. CUNNINGHAM: Thank you. 3 MR. NANCE: Item No. 5, stipulation of 4 settlement in State versus Resorts 5 International Hotel, Inc. 6 Mr. Corbett? 7 MR. CORBETT: Chair and Commissioners, 8 in this case the casino licensee admits to the 9 regulatory violation and agrees to a mere money 10 penalty of $5,000. 11 Mr. Ficchi is here for the Division, Ms. 12 Wosnack for the casino licensee. 13 CHAIR KASSEKERT: Good morning, Miss 14 Wosnack. 15 MS. WOSNACK: Good morning. I have 16 nothing to add other than ask that you approve 17 the settlement as drafted. 18 CHAIR KASSEKERT: Thank you. 19 Mr. Ficchi, good morning. 20 MR. FICCHI: Good morning, Chair, 21 Commissioners. 22 Likewise, the Division would just ask 23 that the Commission approve the stipulation of 24 settlement. 25 CHAIR KASSEKERT: Thank you. 34 ITEM NO. 6 1 Any questions? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 VICE CHAIR EPPS: Madame Chair, I move 5 that we approve the stipulation of settlement 6 and impose a civil penalty of $5,000 against 7 Resorts International Hotel, Inc., for 8 violation of Commission regulations regarding 9 the service of alcoholic beverages. 10 COMMISSIONER SOMMELING: Second. 11 CHAIR KASSEKERT: The motion has been 12 made and seconded. All in favor? 13 (Ayes.) 14 CHAIR KASSEKERT: Opposed? 15 (No response.) 16 CHAIR KASSEKERT: Motion carries. 17 Thank you. 18 MS. WOSNACK: Thank you. 19 MR. FICCHI: Thank you. 20 MR. NANCE: Item No. 6, initial decision 21 in State versus Tylisa Montague. 22 Mr. Mamolen? 23 MR. MAMOLEN: Good morning, Madame Chair 24 and Commissioners. 25 You have before you Commissioner 35 ITEM NO. 6 1 Sommeling's initial decision in this matter. 2 Commissioner Sommeling determined and 3 recommended to the Commission that Miss 4 Montague's casino employee license be revoked, 5 that she not be permitted to pursue a casino 6 employee registration. But, however, he did 7 find good cause to allow her to pursue 8 noncredential employment. 9 All this was predicated on 10 disqualification for conspiracy to commit theft 11 in the third degree. 12 At counsel table is Chanta Howard for 13 Division. 14 CHAIR KASSEKERT: Thank you. 15 Good morning, Miss Howard. 16 MS. HOWARD: Good morning, Madame Chair. 17 Good morning, Commissioners. 18 Although the Division does not raise any 19 exceptions to Commissioner Sommeling's 20 well-reasoned initial decision in regard to his 21 findings that she is disqualified from 22 continued licensure pursuant to her 23 disqualifying conduct of conspiracy to commit 24 shoplifting or that her -- and that her license 25 shall be revoked or his findings that she 36 ITEM NO. 6 1 should be prohibited from obtaining a casino 2 service employee registration, the Division 3 does take exception, however, merely to his 4 findings that she is -- that good cause does 5 exist that permit her to obtain employment in a 6 noncredential position. 7 This morning the Division will present 8 its basis for its exceptions. Specifically, on 9 July 17th, 2007, as noted in Commissioner 10 Sommeling's initial decision, Miss Montague was 11 arrested and charged with several theft-related 12 offenses, mainly conspiracy to commit 13 shoplifting as a result of her involvement in a 14 scheme, a shoplifting scheme, which occurred at 15 Hamilton Commons Mall with damages or stolen 16 merchandise in excess of $2,000. As a result 17 of her involvement in that matter, she was 18 sentenced to five years' probation, among other 19 conditions, including her requirement to submit 20 to random drug tests and her performing 21 community service. 22 Commissioner Sommeling found -- aptly 23 found that she did engage in the underlying 24 conduct, disqualification conduct of conspiracy 25 to shoplifting. And in that regard he found 37 ITEM NO. 6 1 that she was disqualified from continued 2 licensure. He also found that she failed to 3 demonstrate her rehabilitation, to prove 4 rehabilitation. 5 His basis for those findings was the 6 fact that subsequent to her July 17th arrest, 7 she was also arrested several months later on 8 October 18, 2007, for another shoplifting 9 offense. After that second arrest, she was 10 also found in violation of her probation, and 11 her probation was terminated without 12 improvement because of a failed drug test. As 13 a result, of that probation termination, she 14 was sentenced to 270-day jail term, among other 15 things as well. 16 The same evidence that Commissioner 17 Sommeling relied upon to find that she was 18 not -- that she did not successfully 19 demonstrate her rehabilitation and that there 20 was no justification for waiver of 21 disqualification was the same evidence that he 22 relied upon in his finding that good cause did 23 permit to allow her to obtain a noncredential 24 employment position. In his own -- in his own 25 initial decision, in his own words, he stated 38 ITEM NO. 6 1 that her conduct in the underlying offense 2 bespeaks of theft on a grand scale and that she 3 is, in fact, of verge, as noted by the 4 sentencing court judge -- she is, in fact, on 5 the verge of becoming a career criminal. A 6 "professional thief" were the exact terms. 7 It is the Division's position, and it is 8 our concern that to allow her employment in a 9 noncredential position would not only subject 10 the casinos and casino patrons to potential 11 theft because, as noted in Commissioner 12 Sommeling's report -- initial decision, her 13 previous positions have been that of a cashier, 14 one who would be in essentially a money 15 handling position. And we are concerned that 16 her previous theft convictions or previous 17 theft involvement in theft-related matters 18 bespeaks of that on a grand scale, and possibly 19 put the casinos in a position of a subsequent 20 theft on her behalf. 21 Also, it should be noted, as it was 22 aptly noted in Commissioner Sommeling's initial 23 decision, that this very same Commission in 24 2005 approved the stipulated settlement between 25 the Division and Miss Montague based on a -- an 39 ITEM NO. 6 1 underlying 1999 theft and forgery-related 2 offense. In that offense the victim in that 3 matter was a Pleasantville Municipal Court, and 4 that matter involved a wide-scale fraudulent 5 check scheme in which Miss Montague admitted 6 her conduct. In Commissioner Sommeling's 7 initial decision, he stated that this 8 Commission provided her with her one bite at 9 the apple by affording her the privilege of a 10 casino employee license. 11 It is the Division's position that she 12 has disregarded that privilege when she was 13 previously provided during her subsequent to 14 her July 17th arrest and her following October 15 18th, 2007, arrest for theft by shoplifting. 16 We also feel that there is a possibility 17 that there may be a precedent set and there 18 there be a slippery slope if we allow the 19 Commission to find that good cause does exist 20 for her to have employment when that is 21 inconsistent with the rest of the 22 Commissioner's findings. We found that the 23 Commissioner found that she was disqualified 24 from casino licensure, that she would not be 25 allowed -- she should not be permitted a 40 ITEM NO. 6 1 registration based on that disqualifying 2 conduct, but then to allow her to find good 3 cause to exist to allow her noncredential 4 employment, we would be setting a precedent 5 that we would be allowing her to remain working 6 in her position of employment. 7 So it is -- with that, it is the 8 Division's position that the -- I'm sorry. It 9 is the Division's position that the Commission 10 reject Commissioner Sommeling's finding for 11 good cause for her. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 Commissioner Sommeling? 15 COMMISSIONER SOMMELING: Thank you, 16 Madame Chair. 17 In reference to the position of the 18 Division, I'd like to make some remarks with 19 respect to this decision as it relates to my 20 decision. 21 The Division filed exceptions to the 22 initial decision specifically the finding good 23 cause under Section 106c of the Act allowing a 24 respondent to work in a noncredential position. 25 In essence, the Division claims that 41 ITEM NO. 6 1 this finding is inconsistent with the rest of 2 the decision. The Division's exception are 3 well taken. However, they arise -- they raise 4 the issue what quantum or what kind of evidence 5 is necessary to sustain a finding of good cause 6 for the purposes of noncredential employment? 7 I believe that only a minimal showing 8 should be required of an individual found 9 disqualified to be permitted a noncredential 10 casino employment. In addition, I believe that 11 as a matter of fairness to all those who seek 12 noncredential casino employment that we, as a 13 regulatory agency, need to reevaluate why we 14 continue to be in the business of regulating 15 these individuals. 16 Respondent just turned 30 years old on 17 June 4th of 2009. She has a work history in 18 the casino industry since May of 2000 until her 19 license was revoked in July of last year by 20 delegated authority for failure to participate 21 in a settlement process. Had she participated, 22 she could have worked in the industry as a 23 casino employee licensee throughout the 24 contested case process. Until she was found 25 disqualified by the Commission, her presence in 42 ITEM NO. 6 1 the gaming-related position presumably would 2 not have been threatened -- would not have 3 threatened the public confidence. 4 Her casino work history represents 5 practically all of her adult employable life. 6 Her probation officer noted that the employment 7 would aid her in transitioning from court 8 supervision to a life on her own. She has 9 recently received a New Jersey school bus 10 driver's certificate. She's the sole means of 11 financial support for two young children. Yet, 12 Respondent participated in a scheme to steal 13 merchandise from merchants. On this record, I 14 believe that her work record in the casino 15 industry and her plight and station in life are 16 outweighing considerations for purposes of a 17 noncredential employment. Accordingly, I move 18 to adopt the initial decision. 19 And I wish to take this opportunity to 20 take issue with Section 106c as applied to a 21 noncredential employment. Just because a 22 person at one time was granted a privilege of 23 either a license or a registration and who 24 subsequently becomes disqualified to hold that 25 privilege through his or her own actions, he or 43 ITEM NO. 6 1 she shall be prohibited from every job in the 2 industry subject to good cause. The 3 prohibition, in effect, elevates noncredential 4 employment by a casino employer to a 5 State-bestowed privilege for a few select 6 individuals. It treats those who have come 7 under regulatory scrutiny disparately from 8 those who have not in regard to employment and 9 that is not -- not otherwise regulated. Yet 10 hotel or noncredential employees or those 11 desirous of hotel or noncredential employment 12 who have been found disqualified from licensure 13 or registration are no longer required to 14 register with the Commission and are not 15 regulated by this agency. Thus, such persons 16 withstanding a conviction of a crime, however 17 heinous, may walk into a casino hotel today and 18 seek employment without impediment from hotel 19 or other positions that do not require holding 20 any credential issued by the Commission. That 21 group is not subject to a showing of good 22 cause, and I feel either we should regulate all 23 noncredential employees or we should regulate 24 none of them. And that is my position on the 25 record. 44 ITEM NO. 6 1 CHAIR KASSEKERT: Thank you. 2 Commissioner Sommeling has made a 3 motion. Is there a second? 4 (No response.) 5 CHAIR KASSEKERT: I see that the motion 6 will fail for a lack of a second. 7 Is there another motion? 8 Commissioner Fedorko? 9 COMMISSIONER FEDORKO: Thank you, Madame 10 Chair. 11 With all due respect for Commissioner 12 Sommeling, I must disagree with his conclusion 13 in this matter that good cause has been shown 14 to permit noncredential employment. 15 While I share with him his concerns 16 about whether we should be regulating 17 noncredential employees in the casino industry, 18 we are charged with administering Section 106c 19 of the Act. Under that section's unambiguous 20 language, we must apply the good cause 21 requirement to these employees. 22 One thing we can all agree on is that in 23 assessing good cause, there is no bright-line 24 test as every cause is fact sensitive. I've 25 viewed the evidence to show good cause in a 45 ITEM NO. 6 1 given case as the type that would persuade me 2 that an individual is on the road to 3 establishing rehabilitation, as that term is 4 used, and is making good faith attempts to 5 distance himself or herself from the incident 6 that led to disqualification. There is no 7 formula or checklist, per se, but at the same 8 time, the Galanti considerations must guide the 9 evaluation. 10 The considerations in this case that 11 should be given the most weight are the facts 12 as found by the hearing examiner, that the 13 Respondent has a history both before and after 14 her disqualifying offense two years ago in June 15 of 2007 of theft-related criminality. Her most 16 recent criminal involvement in December 2007, 17 when she was accused of shoplifting at K-Mart 18 while pending sentencing for the disqualifying 19 offense has eerie similarities to the 20 disqualifying incident. She has an older 21 conviction from 1999 for her involvement in a 22 government check scam. Her testimony that she 23 viewed herself of guilty of only giving her 24 friends a ride is most telling of a woman who 25 has no contrition for her acts. This latter 46 ITEM NO. 6 1 shoplifting incident and Respondent's attempt 2 he to minimize her culpability for the 3 disqualifying conspiracy to commit shoplifting 4 offense undercut any showing of rehabilitation. 5 In short, I am not comfortable with 6 permitting an unreformed serial thief 7 noncredential employment. In view of these 8 findings of fact, I do believe that public 9 confidence is threatened by the Respondent's 10 presence in any nongaming position. 11 I, therefore, move to adopt the initial 12 decision with respect to the denial of the 13 Respondent's casino employee license and not 14 permitting her to hold casino service employee 15 registration. 16 I further move to reject the finding of 17 good cause with respect to noncredential 18 hotel -- noncredential employment and instead 19 find that good cause has not been shown to 20 permit such employment. 21 VICE CHAIR EPPS: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 47 ITEM NO. 7 1 COMMISSIONER SOMMELING: No. 2 CHAIR KASSEKERT: The motion passes 3 three to one. 4 Thank you. 5 MR. NANCE: Item No. 7, petition of Mark 6 Grisby for early reapplication. 7 Miss Frigen? 8 MS. FRIGEN: Good morning, Madame Chair 9 and Commissioners. 10 Mr. Gribsy is present. I'd ask him to 11 have a seat at the table. 12 As he's approaching, for your 13 consideration is his petition seeking 14 permission to reapply early for a license, 15 registration, and/or noncredential employment. 16 The Division has interposed no objection 17 to his petition. 18 CHAIR KASSEKERT: Thank you. 19 Mr. Grisby, is there anything you'd like 20 to say today? 21 MR. GRISBY: No, ma'am. 22 CHAIR KASSEKERT: Okay. 23 Mr. Armstrong? 24 MR. ARMSTRONG: Chair, Commissioners, 25 you have our letter of June 2nd. Previous 48 ITEM NO. 7 1 objection to Mr. Grisby's licensure was a 2 financial stability issue. I would just make 3 sure for the record Mr. Grisby is aware that to 4 start our inquiry here into his petition 5 revealed that a lot of the underlying debts are 6 still present and that he should take that into 7 consideration when he does reapply for 8 licensure. It's more likely if they are still 9 there, they'll be still be another objection to 10 his financial stability. 11 Thank you. 12 CHAIR KASSEKERT: Thank you, Mr. 13 Armstrong. 14 Mr. Grisby, do you understand what Mr. 15 Armstrong just said? 16 MR. GRISBY: Yes, ma'am. 17 CHAIR KASSEKERT: With your underlying 18 debt? 19 Thank you. 20 Any questions? 21 COMMISSIONER SOMMELING: Madame Chair, 22 move to grant Mr. Grisby's permission to 23 reapply for a casino employee license, a casino 24 service employee registration, and/or to obtain 25 employment early as noncredential hotel 49 ITEM NO. 8 1 employee. 2 COMMISSIONER FEDORKO: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: Motion carries. 9 Thank you. Good luck. 10 MR. GRISBY: Thank you. Thank you. 11 MR. NANCE: Item No. 8, application for 12 suspension in State versus Aida Moya. 13 Miss Frigen? 14 MS. FRIGEN: Before we hear from the 15 Division, let me just inquire whether Miss Moya 16 is present or represented today? 17 (No response.) 18 CHAIR KASSEKERT: Mr. Armstrong, you may 19 proceed. 20 MR. ARMSTRONG: Chair, Commissioners, 21 since Miss Moya chose not to appear this 22 morning, we'll rely on our pleadings and ask 23 that her credential be suspended at this time. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 50 ITEM NO. 9 1 Any questions? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 COMMISSIONER FEDORKO: Motion to grant 5 the Division's application to suspend Miss 6 Moya's casino service employee registration. 7 VICE CHAIR EPPS: Second. 8 CHAIR KASSEKERT: A motion has been made 9 and seconded. All in favor? 10 (Ayes.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: Motion carries. 14 MR. NANCE: Item No. 9, consideration of 15 final exclusion orders of Collis Brown and 16 Frank Malangone. 17 Miss Frigen? 18 MS. FRIGEN: Is Mr. Brown or Mr. 19 Malangone present or represented? 20 (No response.) 21 MS. FRIGEN: Apparently not. 22 Commissioners, you've already issued 23 preliminary exclusion orders in each of these 24 cases. Neither Respondent has requested a full 25 plenary hearing on the exclusion decision. 51 ITEM NO. 9 1 The matter is presented for final action 2 today. 3 CHAIR KASSEKERT: Thank you. 4 Mr. Stebbins? 5 MR. STEBBINS: Thank you very much. 6 Madame Chair and members of the 7 Commission, in each of these instances, the 8 Commission -- or excuse me -- the Division has 9 provided an adequate basis, more than adequate 10 basis for the exclusion of these two 11 individuals. 12 I would just take a moment to comment 13 with regard to Mr. Collis Brown. This is a 14 individual who is a recidivist of the highest 15 order. At least as far as we can tell so far. 16 There may be anothers out there. And we bring 17 this action, and you took the action after 18 preliminary placement so as to protect the 19 public safety and interest in this case. And 20 this is yet another one of these, you know, 21 unfortunate circumstances, but it needs to be 22 done. So that that's where we are. 23 I ask that you enter the appropriate 24 orders in these cases. 25 Thank you. 52 ITEM NO. 10-11 1 CHAIR KASSEKERT: Thank you, Mr. 2 Stebbins. 3 Any questions? 4 COMMISSIONER SOMMELING: No questions, 5 Madame Chair. 6 COMMISSIONER FEDORKO: Motion to issue 7 final orders of exclusion for Mrs. Brown -- 8 Messrs. Brown and Malangone. 9 COMMISSIONER SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MR. STEBBINS: Thank you. 17 MR. NANCE: Item No. 10, reconsideration 18 of the Commission final order due to 19 noncompliance concerning Michael Brown has been 20 withdrawn by the Division. 21 Item No. 11, consideration of forfeiture 22 order of State versus Marina Associates et al. 23 and Marina District Development Company, LLC, 24 et al. 25 Miss Frigen? 53 ITEM NO. 11 1 MS. FRIGEN: Let me inquire whether 2 there's anyone here on behalf of these matters? 3 I don't believe so. 4 (No response.) 5 MS. FRIGEN: For your consideration are 6 the Division's request for forfeiture orders 7 based upon the fact that the patrons involved 8 were on the self-excluded list at the time of 9 their winnings. We have not heard any contest 10 for any of the Respondents, and casino counsel 11 has sent us letters indicating they have no 12 objection to the forfeiture orders. 13 We would ask the Commission to take 14 final action today. 15 CHAIR KASSEKERT: Thank you. 16 Mr. Stebbins? 17 MR. STEBBINS: The matters are before 18 you. The facts are clear. The basis for 19 forfeiture is present, and I would ask that you 20 and your colleagues enter the appropriate 21 order. 22 Thank you. 23 CHAIR KASSEKERT: Thank you. 24 Any questions? 25 VICE CHAIR EPPS: Madame Chair, due to 54 ITEM NO. 12 1 their being on the self-exclusion list on the 2 date of the winnings, the money theoretically 3 won by the individuals cited in the two 4 complaints is forfeited and the respective 5 casinos are required to remit the forfeited 6 money to the Commission in accordance with NJSA 7 5:12-71.3(c). If we move -- if this motion is 8 successful, and I move that motion. 9 COMMISSIONER SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 Thank you. 17 MR. STEBBINS: Thank you. 18 MR. NANCE: Item No. 12, petition of 19 Harrah's Entertainment, Inc., Harrah's 20 Operating Company, Inc., Harrah's Atlantic City 21 Operating Company, LLC, Showboat Atlantic City 22 Operating Company, LLC, Bally's Park Place, 23 Inc., and Boardwalk Regency Corp. to permit 24 Diane Wilfong to perform the duties and 25 exercise the powers of Vice President, 55 ITEM NO. 12 1 Controller, and Chief Accounting Officer, 2 pending plenary qualification. 3 Miss Richardson? 4 MS. RICHARDSON: Good morning, Chair and 5 Commissioners. 6 A draft resolution was circulated in 7 this matter. And appearing for Petitioners is 8 Michael Magazzu and for the Division is DAG 9 Dorothy Turi. 10 CHAIR KASSEKERT: Good morning. 11 MR. MAGAZZU: Good morning, Madame Chair 12 and Commissioners. Mike Magazzu on behalf of 13 the Petitioners. 14 We have reviewed the draft resolution. 15 We have nothing further to add other than to 16 ask you to grant the petition. 17 CHAIR KASSEKERT: Thank you. 18 Miss Turi? 19 MS. TURI: Good morning, Madame Chair, 20 Commissioners. 21 You have the Division's letter dated 22 June 5th, 2009. We also have a copy of the 23 draft resolution, and we recommend that it be 24 entered as is with the conditions, of course, 25 that are stipulated in the condition -- in the 56 ITEM NO. 12 1 resolution. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 COMMISSIONER SOMMELING: No questions, 5 Madame Chair. 6 VICE CHAIR EPPS: Madame Chair, I move 7 that we adopt the draft resolution and find 8 Diane Wilfong temporarily qualified and 9 authorize her to assume the duties and exercise 10 the powers of Vice President, Controller, and 11 Chief Accounting Officer for Harrah's 12 Entertainment, Inc., and Harrah's Operating 13 Company, Inc., subject to the conditions 14 contained in NJAC 19:43-2.7 which, among other 15 things, require that she file a PHD-MJ and New 16 Jersey supplemental by July 2nd, 2009. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: Motion has been made 19 and seconded. This is a roll call vote. 20 MR. NANCE: Commissioner Fedorko? 21 COMMISSIONER FEDORKO: Yes. 22 MR. NANCE: Commissioner Sommeling? 23 COMMISSIONER SOMMELING: Yes. 24 MR. NANCE: Vice Chair Epps? 25 VICE CHAIR EPPS: Yes. 57 ITEM NO. 13 1 MR. NANCE: Chair Kassekert? 2 CHAIR KASSEKERT: Yes. 3 MR. NANCE: The record will reflect that 4 the motion is unanimous. 5 Item No. 13, consideration of the 6 qualification of Cheryl Kondra to serve as Vice 7 President and Chief Audit Executive of Harrah's 8 Operating Company, Inc., and Harrah's 9 Entertainment, Inc. 10 Miss Richardson? 11 MS. RICHARDSON: Good morning, again, 12 Madame Chair. 13 A draft resolution was also circulated 14 in this matter. And appearing again for 15 Petitioners is Mr. Magazzu and DAG Turi for the 16 Division. 17 CHAIR KASSEKERT: Mr. Magazzu? 18 MR. MAGAZZU: Thank you, Madame Chair 19 and Commissioners. 20 Again, we have reviewed the draft 21 resolution and have nothing to add. We ask 22 that the Commission grant the petition. 23 CHAIR KASSEKERT: Thank you. 24 Miss Turi? 25 MS. TURI: Yes. Madame Chair and 58 ITEM NO. 13 1 Commissioners. 2 Again, you have the Division's letter 3 dated June 8th, 2009. We've also reviewed the 4 draft resolution, and we recommend that you 5 find Miss Kondra qualified. 6 CHAIR KASSEKERT: Thank you. 7 Any questions? 8 COMMISSIONER SOMMELING: No questions, 9 Madame Chair. 10 COMMISSIONER FEDORKO: Madame Chair, I 11 move to adopt the draft resolution and find 12 Cheryl Kondra qualified to serve as Vice 13 President and Chief Audit Executive of Harrah's 14 Entertainment, Inc., and Harrah's Operating 15 Company, Inc. 16 VICE CHAIR EPPS: Second. 17 CHAIR KASSEKERT: Motion is made and 18 seconded. This is a roll call vote. 19 MR. NANCE: Commissioner Fedorko? 20 COMMISSIONER FEDORKO: Yes. 21 MR. NANCE: Commissioner Sommeling? 22 COMMISSIONER SOMMELING: Yes. 23 MR. NANCE: Vice Chair Epps? 24 VICE CHAIR EPPS: Yes. 25 MR. NANCE: Chair Kassekert? 59 ITEM NO. 14 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 CHAIR KASSEKERT: Thank you. 5 MS. TURI: Thank you. 6 MR. MAGAZZU: Thank you. 7 MR. NANCE: Item No. 14, proposed 8 temporary adoption of amendment to NJAC 9 19:47-11.14, notice of rulemaking experiment 10 for new pay table for progressive pai gow poker 11 wager pursuant to NJSA 5:12-69e. 12 Mr. Mamolen? 13 MR. MAMOLEN: Good morning again, Madame 14 Chair, and Commissioners. 15 This matter is before you for temporary 16 adoption and authorization for a test of two 17 new pay tables for the progressive pai gow 18 poker wager. One is -- it's essentially one 19 pay table but was broken out for $1 wager and 20 for a $5 wager. Apparently, there's just that 21 one pay table, one for each of the two wager 22 denominations. This one would probably 23 simplify the number of hand types for pay out 24 and still maintain the overall percentages of 25 the progressive jackpots as pay outs. 60 ITEM NO. 14 1 Also proposed for temporary adoption is 2 an amendment that codified the initial amounts 3 for the four different pay tables. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for Mr. Mamolen? 6 VICE CHAIR EPPS: Madame Chair, as much 7 as I am excited about this resolution, these 8 are Commissioner Fedorko's favorite type, and 9 I'd like to hear from him one more time so... 10 (Laughter.) 11 COMMISSIONER FEDORKO: Thank you, 12 Commissioner. 13 Madame Chair, I move to preliminarily 14 approve the new pay table for the progress pai 15 gow poker wager as compatible with the public 16 interest pursuant to Section 5 of the Act; 17 Authorize publication of the notice of 18 temporary adoption which will permit a test of 19 the new pay tables to begin or on after July 20 27th, 2009, subject to the conditions listed 21 and continue for a period of time not to exceed 22 270 days; 23 To temporarily adopt the amendments and 24 new rule contained in the notice of proposal 25 for the purpose of conducting the test; 61 ITEM NO. 15 1 To delegate to the Director of the 2 Division of Compliance the authority to 3 establish the terms and conditions of the test 4 of the new pay tables for progressive pai gow 5 poker wager and; 6 Condition any test of the new pay tables 7 for the progressive pai gow poker wager upon 8 filing with and approval by the Division of 9 Compliance of all necessary test submissions 10 for a Section 69e test. 11 CHAIR KASSEKERT: Is there a second? 12 VICE CHAIR EPPS: Second. 13 That was written by a lawyer. 14 (Laughter.) 15 COMMISSIONER FEDORKO: Thank you. 16 CHAIR KASSEKERT: A motion has been made 17 and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 COMMISSIONER FEDORKO: You're going to 23 miss me. 24 (Laughter.) 25 MR. NANCE: Item No. 15, petition of 62 ITEM NO. 15 1 Beyond 2K9, LLC, and Trump Marina Associates, 2 LP, for approval of the game of grand slam 3 ponuckle. 4 MR. MONCRIEF: Madame Chair, members of 5 the Commission, if that item excited 6 Commissioner Fedorko, I can only hope he can 7 contain himself for this one. 8 (Laughter.) 9 MR. MONCRIEF: This petition was filed 10 by Beyond 2K9, LLC, and Trump Marina Associates 11 seeking approval to begin a test of the game of 12 grand slam ponuckle, which will be a new game. 13 The staff is currently in the process of 14 reviewing the proposed regulations for the 15 owner of the game and Trump Marina, and at this 16 time, we would ask that the item be tabled for 17 90 days to continue those discussions and 18 further deliberations so we can work toward a 19 resolution and petition. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 VICE CHAIR EPPS: Madame Chair, I move 25 that we table the petition up to 90 days and 63 ITEM NO. 15 1 authorize publication of a notice of action to 2 that effect. 3 COMMISSIONER SOMMELING: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 MR. MONCRIEF: Thank you. 11 MR. NANCE: In accordance with 12 Resolution No. 08-12-10-22, the next closed 13 session of the Commission shall be held on 14 Wednesday, July 15th, 2009, at 9:15 a.m. in the 15 Commission offices. 16 It is now time for the public 17 participation portion of the meeting. 18 CHAIR KASSEKERT: Miss Flaherty? 19 MS. FLAHERTY: Yes, Chair and 20 Commissioners, good morning. 21 The Division wanted to express its 22 sincere appreciation to Dennis Kell for all his 23 many years of work with the Commission. I've 24 had the pleasure of working with Dennis during 25 all those years, and he's always been a 64 PUBLIC PARTICIPATION 1 knowledgeable attorney, a thoughtful attorney, 2 a very considerate attorney. And he's -- most 3 of all, I think also added practicality to his 4 deliberations. He's always been very courteous 5 and he's always been just a gentleman. And I 6 thank you, Dennis. You've been wonderful. 7 We'll definitely miss you terribly over the 8 upcoming years, but good luck in all your 9 future endeavors. 10 MR. KELL: Thank you. I appreciate it. 11 (Applause.) 12 CHAIR KASSEKERT: Director Lichtblau? 13 MR. LICHTBLAU: Thank you, Madame Chair. 14 I just wanted to express our deep 15 gratitude to Commissioner Fedorko as he's 16 moving on after his tenure at the Commission, 17 his distinguished tenure here and prior to that 18 at the state police and in the military. He's 19 had a life of service, and I think there can be 20 no greater honor than that. So we thank you at 21 the Division for all of your fine work and wish 22 you all the best as you continue your service 23 for the State. 24 Thank you very much. 25 COMMISSIONER FEDORKO: Thanks, Director. 65 PUBLIC PARTICIPATION 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 (Applause.) 4 CHAIR KASSEKERT: Is there anyone else 5 from the public that issues to be heard? 6 COMMISSIONER FEDORKO: Oh, God. 7 CHAIR KASSEKERT: Mr. Lowry? 8 MR. LOWRY: Chair, you know no public 9 hearing would be complete without, you know. 10 But I just wanted to come in person. 11 I'm sorry I missed the resolution, first and 12 foremost. But I wanted to thank Dennis Kell 13 and Commissioner Fedorko for their 14 professionalism, respect, and integrity over 15 the years. 16 And I would particularly like to say 17 that the despite the many threats of physical 18 abuse, the man has been a professional, and I 19 remain unscathed to date. So thank you very 20 much and congratulations. 21 CHAIR KASSEKERT: Thank you, Mr. Lowry. 22 Is there any -- anyone else from the 23 public that wishes to be heard? 24 Yes? 25 Can you please state your name for the 66 PUBLIC PARTICIPATION 1 record. 2 MR. JOHNSON: My name is Franklin 3 Johnson. 4 And, Commissioners, I am very sorry to 5 take away some of the celebrations concerning 6 these particular retirements with my particular 7 public statement here. I have been in front of 8 this Commission numerous times and I've made 9 certain statements -- regarding certain issues 10 regarding the organized corruption of the 11 security department of these casinos and their 12 lack of concern for certain State and federal 13 agencies. 14 I have already stated on the record my 15 particular position, and I have further pursued 16 that issue with the US Attorney's Office and 17 the Federal Bureau of Investigation. I'm not 18 quite sure whether that issue have been put on 19 record and been recognized by this Commission, 20 but I know that that issue have been recognized 21 by those particular departments. 22 My argument concerning the organized 23 corruption of the various security department 24 of these casinos still is a matter of concern. 25 I know this might not be something that is 67 PUBLIC PARTICIPATION 1 recognized on the facts of my personal comment 2 here. However, I do believe that with the 3 assistance of the Federal Bureau of 4 Investigation that these facts will be 5 established. 6 I further would like to add that this 7 harassment that seems to be prolonging the 8 interference of those particular investigations 9 need to be looked into by this particular 10 Commission, and hopefully, with the assistance 11 of the Federal Bureau of Investigation that my 12 situation can be factualized in terms of 13 correcting that particular situation. 14 I hope that I haven't taken up too much 15 of your time, and I hope that I don't have to 16 appear in front of you again with this same 17 issue to have this issue established on the 18 record. 19 Thank you very much. 20 CHAIR KASSEKERT: Thank you, Mr. 21 Johnson. Your comments are always put on the 22 record. And the Division of Gaming Enforcement 23 and the Commission takes seriously any -- any 24 concerns such as that, and we investigate from 25 our standpoint, too. 68 1 So thank you for coming. 2 MR. JOHNSON: Thank you very much. 3 CHAIR KASSEKERT: Is there anyone else 4 from the public that wishes to be heard? 5 (No response.) 6 CHAIR KASSEKERT: Seeing no one, I 7 declare this portion of the meeting closed and 8 entertain a motion to adjourn. 9 COMMISSIONER SOMMELING: Motion to 10 adjourn. 11 COMMISSIONER FEDORKO: Second. 12 CHAIR KASSEKERT: The motion has been 13 made and seconded. All in favor? 14 (Ayes.) 15 CHAIR KASSEKERT: Opposed? 16 (No response.) 17 CHAIR KASSEKERT: Motion carries. 18 Thank you. 19 (Public Meeting 09-06-17 was adjourned 20 at 11:30 a.m.) 21 22 23 24 25 69 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: June 22, 2009 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25