 Good to go okay. Good morning everyone and being with the Massachusetts gaming Commission We have a big agenda ahead of us. We are holding this meeting virtually and so I will be roll call. Good morning commissioner O'Brien Good morning. I am here Morning commissioner Hill. Good morning. I'm here Good morning commissioner Skinner. Good morning and good morning commissioner Maynard. Good morning. I'm here Okay, we'll get started This is already May 8th 2023 it's public meeting number 451 and We do not have any minutes today. I want to confirm that that's the case commissioner Hill So we're going to move right into our administrative update. Thank you so much Good morning madam chair. Sorry. Just checking on the volume So for the administrative update, I thought I would turn it over to director van because he has an update regarding better and their launch Bruce, are you ready for that? Yes as I am. I was actually contacted better Yesterday and they had notified me that they plan to launch this evening after they're running some tests on all their software and Later in the day today that they would be launching So we're we're moving along. We still have valleys and Where's the other one first That way that way. Yes And fanatics still to that be next week Any questions for Bruce on that update in other words Bruce they They had met all of our requirements. It really was up to them when they were going to Yes, we issued the certificate of operation about a week or so ago And they were just waiting for the Google approval to get that all Stuff online and everything and testing everything on their software and then that kind of issue Well, that's all All set commissioners any other update at this time Karen. No, no, that's it for today. Thank you So we're going to turn to item number three on our agenda and this is the independent monitor report This is stems from an early decision 2019 and independent monitor is Alejandra Eric Roe Alamonte and I never do your name justice It is I can't even blame the French Canadian in me and Alejandra So I will allow you to introduce yourself and your team, but we have worked closely with this this law firm and team and Alejandra is that the appointed independent monitor it'll forward to your report today, which Is included in the public packet and you do have a PowerPoint for us. So thank you. Welcome We do. Thank you very much for the introduction madam chair and thank you to all the commissioners for your time today It's always a pleasure for us to be able to have these discussions with you on the company's progress with respect to its HRCP I want to just again briefly introduce Preston Pugh and Ann Sultan who are members of the team who are joining me today as I mentioned Earlier to you the rest of the team unfortunately to some due to some Scheduling conflicts is not going to be able to join today's hearing But I do want to thank particularly Catherine Pappas and cool. Goat Shabai and Alex Bolio Who of course continue to contribute meaningfully to to this project and including this report? So today we're going to be talking about The last phase the latest phase of our report, which is really closing out your three We call this phase four. We had our first phase, which was the baseline and then three subsequent follow-up phases We are aware that not all of the commissioners have been with us from the beginning So we will take a bit of time not too much because we want to be respectful of the agenda to take a look back We also thank you given where we are in the company's progress It's always important to look back to see how far along the company has come and to help you gauge our assessment of where we continue to see some areas of development opportunities, so and we'll be sharing the presentation and if any people move to the agenda so we can telegraph what we will be discussing today Thank you you can go to The agenda slide and that would be great So we're going to start first by just briefly Looking at some key points of decision in order We're going to walk you through the enhancements that the company already had underway before we commenced the monitor ship We'll remind everyone with the goals of the monitor ship are We'll have an overview brief overview of the timeline since commencing the monitor ship to where we are today High level of review over a process key themes and we've divided the elements of the program in two categories One where we see the HR CP is already maturing and HR CP of course is the human resources compliance program Where we see that the design the implementation is well underway and we're starting to see indications of the company really taking ownership and Continuing to embed those elements on their own and then developing areas where progress is being made We're seeing a meaningful and important changes, but where we still see as is normal in this phase of the monitor ship Still some areas where we hope to see further maturing If we can turn to the decision and order so since the very beginning of course the decision in order has been Died close to our engagement. It defines our scope and since inception has really focused us on what we understand Have been the commission's key areas of concerns coming out of the IEB investigation and as reflected in the decision in order itself The the decision in order starts by requiring Clearly written policies and procedures which the company has had in place even before we joined That articulate the company standards and expectations specifically as they relate to sexual harassment and discrimination matters, but also Areas that are adjacent to that particularly as they relate to the findings in the decision in order and in that In that realm the DNO also calls for the company to demonstrate what it refers to in the decision in order as reform A change of the company's state of mind and we think that's really important because that language That expectation that the company demonstrate reform through change in its state of mind Really reflects in the decision in order the well-established principle that an effective compliance program Must have more than just written policies and procedures It needs to be a living program a dynamic program that requires leadership culture Governed structure that will look not only to ensure the adherence to the literal words of the policies and procedures But also where the company of leadership Will work to foster what we refer to as a values-based decision-making And that is leadership that looks beyond the four quarters of the written policy to understand the why behind the written policy directives For that reason throughout the entirety of the monitor ship the monitor team is focused not only on the company's efforts to build the program By updating its policies and procedures But we've also focused on structural and substantive changes at the board the Audit and Compliance Committee and the C-suite and Unidentifying particularly at those bodies because the culture starts at the top right on Indentifying conduct that reflects the type of reform that the DNO that the decision in order calls for It's really important to remind everyone that our monitor ship has been and continues to be forward-looking You've heard us say this many times that our role is not to reopen or reinvent or reinvestigate the past That said we do periodically look to the past in order to be able to answer the Principal question that led us here today, which is to ensure that the root cause That permitted the events that brought us here to occur in the first instance have been Remediated by the company. That's the threshold question that we're trying to answer and the reason that we're periodically look back to those events So moving on to the key findings That's really where we start that's where our look back begins To look at key findings that were identified in the decision in order as the root cause of the conduct that ultimately led to the commissioner to the commission's decision In order and to the appointment of the monitor ship So first, you know, we have them here. I don't need to read them word-for-word But it's generally looking at the people in the organization particularly at senior levels who were aware of misconduct that was occurring and According to the decision in order collectively deferred to authority In charge at the time were driven by loyalty to people versus the best interests of the company and ultimately Identified significant conflicts of interest as a result of those relationships including conflicts of interest with external accounts of We're representing both the company and individuals in the organization on some of these issues Overall the decision in order concluded that it becomes clear that these violations of corporate policy Served as the leading cause and the overall corporate systemic failures that is identified at that time So when we read those observations in the aggregate the theme that emerges for us as a team is what existed then And I want to make that distinction clear right with distinction at that time was a general lack of oversight a lack of independence in key compliance functions and Ultimately lack of accountability to the organization itself So as I noted at the outset the company had already in place policies and procedures that prohibited sexual harassment It had trainings that instructed employees on these policies. It had a reporting line. It had an investigation protocol All of which based on the decision in order seem to not be adhered to And at least seven separate instances which are detailed in the decision in order So again, we come back to these instances To ensure that the root cause underlying these prior issues are being addressed by the company Not only in how it implements the letter of its policies, but also that it takes decisions consistent with the objectives that underline those policies If we can go to slide by again So the company did get and should get a lot of credit For actions that it took before we've enjoined As the monitor team they made a number of important enhancements that are have been recognized by the commission and have been recognized by us They first split the role of the CEO and the chairman of the board Which is critical to ensuring independence between the board and management It refreshed board of directors increasing gender diversity and general background of experiences that we think have really bolstered Enhanced oversight with the board brings generally including on these issues. It named a new chair appointed new senior management It created the compliance committee comprised of independent individuals Which is important given the role that the compliance committee plays in the oversight of this program Which we'll talk about later to have individuals that are independent in those roles It's implemented policy and organizational changes, which we you know have talked about will continue to discuss And it's really increased community engagement and volunteerism, which we think is important Important indicator of where the company's values values line also a reflection of caring for its employees and communities in which it operates The goals of the monitor ship This is a slide that I think is all too familiar now to the commission since we do come back to it at each presentation It still holds true today And these are the principles that have guided us and will continue to guide us as a goal for what we ultimately Want to achieve and that is to ensure of course human resources policies and procedures and governance structures that are designed to prevent detect and respond to violations in sexual harassment discrimination particularly ensure that the HRCP mitigates the specific risks of sexual harassment and and discrimination that are particular to the company and Compromise its employees welfare safety and security Ensure that the company maintains a controls environment with respect to engagement of and payment to third parties in this case external counsel or other similar third parties that may Be relevant to our review Ensure generally that the company has an ethical business culture and that it encourages speaking up and transparency at all levels of the organization And then it ensures an uncompromised implementation of the HRCP and for us that was very critical given the Somewhat exceptionalism that seems to apply historically want to make sure that that No longer reemerges within the organization and of course critically that all of the efforts that the company has been putting into this HRCP the business culture and structures that are being reformed That they survive beyond the term of of the monitorship and safeguard the public trust So just very briefly we did want to provide a timeline Monitor shifts are by their nature difficult for any operation The company has done this through COVID It has done this through closures through managing some pretty significant events internally Including what you see here in orange boxes turn over in some pretty important roles particularly in HR roles We've had changes in the CEO role. So we we provide that context. We think it's important and really does on crude of the company's credit in continuing to focus and demonstrate a commitment and effort in moving this process along while Dealing with internal changes as well so particularly for Commissioners and others who may not be familiar with our process from the beginning we wanted to provide a general overview of what it is How we how it is that we go about our monitors monitoring activity We began in what we call phase one, which was baseline assessment To review the facts that were underlying the Commission's decision in order again not through re-investigation But just understand them based on the documents that were provided to us We wanted to understand the company structure and operation and assess the effectiveness of its already existing program And it's important for us to have really taken the time to understand the company because no compliance program is effective If it's not designed to fit the operations that it governs at the end of that baseline assessment we identified a number of enhancements that were already in place and identified recommendations and opportunities of ways that the company could continue to build upon its efforts in phases two and three We continued to review documentation We interviewed individuals and this is true in all phases and conducted focus groups that helped us really identify Whether or not the changes that had been made the manner in which the recommendations were being implemented Were addressing the risks identified and the underlying concerns that were identified in the decision in order The design and implementation Largely occurred in phases two and three As I said earlier the company is well underway in developing and implementing its program Where we are now is really a pivotal time Which is where we focus More on the company's actual carrying out of the program itself So how it is applying its policies how it's applying its procedures How it's carrying out its trainings and at this time and going forward What we want to see is the company start taking or increasing its ownership of the program being as responsive and reactive to observations and recommendations that we've made and really Demonstrating that it is going to be carrying this program forward in a way that continues to keep it relevant and sustainable I Want to again, and you know, I think you've heard me say this in other presentations as well Really great reiterate the cooperation that we've received from the company during each of these phases We make a number of document requests. We ask for data They help us coordinate dozens of interviews. They've helped us coordinate dozens of focus groups at both properties That's not easy to do especially when everyone has a Actual full-time job that they're trying to do in parallel and we appreciate the company's efforts and cooperations with us in that regard We work together with the company to try to minimize disruption and complete this work as efficiently as we can So for instance in each phase we communicate the goals of each phase to the company We coordinate with the company on timing to make sure that we're not conducting interviews during high interview during high activity periods for instance And have welcomed company personnel to attend interviews of current employees Focus groups we conduct on our own But do have of course briefing sessions with the company to give them immediate feedback on what and what we're hearing To keep the trains moving We the company has particularly in the earlier phases submitted drafts of policies and procedures for our review even before our reporting Our reports are due so that they have the benefit of our real-time feedback and assessment To make us again just as quickly as possible And we have also scheduled regular standing meetings with the company to discuss progress of their enhancements We sit in and observe some routine meetings that the company has as well And that that's a way that we get to see how the program is actually taking life And I neglected to say that you should of course interrupt your questions if you want me to clarify anything. I Love to love to engage the questions as they come up commissioners so we can hold our questions as appropriate, but if there's something in particular, let's If I think Alejandro has given us permission for any particular to To go right ahead and interrupt We of course can't see all the faces Alejandro's disadvantage over that too. So just speak up. Thank you So if we move now to key themes, we wanted to summarize and if we do go into a bit of detail You all have the benefit of our reports as well ahead of time but we wanted to really call out some key themes for you and and really Really what I hope you take away from these themes is what you've already heard me say Is that the company truly has made and continues to make meaningful progress In all of the areas that you addressed in the decision in order part of the exercise of dividing the elements into Maturing and developing is also to provide a visual representation of how much has been done versus Where progress still needs to be made So since the beginning the company has strengthened its compliance committee through the addition of a new member with relevant HR experience We have heard from the committee and other members of the company that that really has led to A deepening of the level of engagement that the compliance committee is able to have on these issues Enhancing its enhanced policies and procedures to identify its particular risks to reflect some of the recommendations that we've made including an investigation and discrimination allegations and particularly also with respect to harassment discrimination by third parties which includes guests Expanding on employee trainings the company has continued really over the last three years To refresh its training on sexual harassment discrimination not just to Line employees management supervisor board and compliance committee as well and that includes focusing not just on Nevada law, but also on Massachusetts law as well on these areas It's really increased of communication on issues related to sexual harassment and discrimination and this I think is one of the areas where we've seen The program most to take off It's taken a very thoughtful and programmatic approach to how it's leveraging existing communication channels with employees through the intranet that the company uses shift briefings with employees as they're coming in videos trainings taking up a very signage in back of house um layered approach to reinforcing Its expectations and its commitment on these issues And importantly, it's also developed and implemented an annual HRCP risk assessment process That is both qualitative and quantitative and classifies the company's risk profile for each of the categories of employees that it has And we'll talk about that more A common challenge that companies have with respect to compliance in in all areas Is how to continue to monitor progress and one of the things that we talk about With the company is their importance of continuing to monitor their compliance program and ensure that they continue to keep it fresh And so once some of the areas where we continue to focus Are really around culture and conduct at the top right just that culture setting from the board executive leadership Down through management and supervisors during throughout the organization proper authority oversight and independence and what that means is ensuring that compliance facing roles within the organization All have the ability and authority to act independently Not just for implementing the program, but also for raising your hand and putting a stop for questioning Should any misconduct arise or allegations and misconduct arise training and guidance internal reporting and investigations and incentives and discipline and the areas of Development within those each of those categories are pretty limited But wanted to give you a sense of the categories that should be focusing on really forward When we talk about culture conduct and compliance I want to distinguish between a commitment to the program Which you'll hear me say later is sincerely communicated to us and we see that through the company support of the hrcp The company now is at a stage where as I've said, we're moving past just designing and starting to build out the program But really driving it and so what we want to see is senior leadership Demonstrate full understanding and ownership over some of the core issues that underlie More concerns and are principles behind the policies and procedures that they've rolled out and we'll talk about some examples there We also welcome the company's recent expression and wanting to Engage more directly on this dimension with us There's a lot that we don't have visibility into and we appreciate the company's openness To engage with us at higher levels of the organization more consistently so that we can continue to see So that we can see the values-based leadership that that we're eager to continue to see If we can move on I will now hand it over to an who will walk us through and start walking us through some of the maturing areas of the hrcp Thanks, Alejandra, and it's great to see you all commissioners um So as Alejandra said now we'll talk about the maturing areas of wins hrcp Here is where we've observed the greatest level of program Maturity and development and as has been our approach throughout the monitorship. We assess the company's hrcp against relevant regulatory guidance Including from the eeoc and the doj and the commission's 2019 decision order um As I go through the slides you will see examples of doj and eeoc guidance on the left of each slide And at the top we have selected snippets of language from the commission's decision order that speak to each topic But these are just samples of course um We'll go through the various topic areas in the same order as we've structured our reports in the past from Prior phases so you'll recognize the headings which Alejandra just went through at a high level So starting with culture of compliance and conduct at the top in evaluating compliance programs The doj highlights the importance of high level commitment by company leadership And the doj expects senior leadership to clearly articulate the company standards and demonstrate adherence And it expects middle management to reinforce those standards So to that end in this phase four We looked at messaging from senior and middle management through policies and otherwise We were very pleased to observe that the company has now developed a communications plan with The objective of increasing its speak up culture And that certain senior leaders at both ebh and in las vegas Have taken a very proactive approach to engaging With employees throughout the company So for example, jenny holiday the president at ebh conducted town halls with employees And brian gallbrands the former president of ebh who then became the president at winlas vegas and is now the c Of win resorts limited sent daily messages to employees to underscore the company's values Jenny holiday and the team at ebh have continued to send those daily messages even after mr. Gallbrands left And we've also seen some meaningful public statements about compliance generally by the chair of the board and the company's chief global compliance officer So those are just some examples In terms of middle management in this phase four We continued to observe the messaging from senior management trickle to employees through middle management Through in particular daily pre shift meetings for each department Which were a very good way to get everybody together and discuss certain topics of importance Pair amount to the evaluation of any company's culture of compliance and content at the top is really the governance structure that guides The upper level of the company the mgc's decision order specifically instructed the monitor To assess the structure and effectiveness of the company's compliance committee And the audit committee as well as related trainings for members of both of those committees And to that end we looked closely at the division of responsibilities between the board and the audit committee and the compliance committee We've observed multiple meetings of the compliance committee at this point Including since the company added the additional member with hr expertise on our recommendation And since the first meeting observed by the monitor team the compliance committee has progressed its oversight Significantly by asking more probing questions related to ongoing and settled investigations by focusing more intensely on trends analyses And demonstrating increased direct engagement with the chief global compliance officer and the evp of hr At this point the monitor team Considered that the compliance committee operates with the degree of independence that is necessary to fulfill its oversight and advisory Responsibility to the board including with respect to the hrcp And as Alejandro will discuss a little later there was a recent formalization of a delegation of responsibility of the hrcp oversight From the board to the compliance committee In addition the company has now provided hrcp related training to the board Which covers massachusetts specific nuances and also covers the board's responsibilities as to hrcp both positive developments And to pull this topic together holistically In assessing an organization's culture of compliance and the conduct at the top the eoc considers that it's really critical For a company to have allocated sufficient resources in the form of headcount and time and otherwise For harassment prevention efforts Assessing harassment risk factors and taking steps to minimize those risks Without the resources of course the work can't get done And overall we've seen that the company has demonstrated progress with respect to its allocation of resources And that the company has assessed and taken steps to minimize the identified risk factors As Alejandro mentioned the company has experienced significant turnover in hr at ebh But has made strides in filling open positions in those and other hrcp facing vacancies In terms of time allocation We noted that employee relations personnel within the hr function in both boston and las vegas Meet monthly to review cases together And that those cases are also reviewed with the compliance committee which has actively engaged On the reports that they receive The company also has a cross functional policy review committee that meets periodically to review all hrcp policies and discuss Any sort of changes or updates that might be necessary The company has also taken concrete steps to identify and mitigate the risks that are known to it Last year the company conducted its own focus groups to better understand hrcp weaknesses And was sharing those findings with the monitor team To mitigate identified risks the company has for example In boston and in las vegas now rolled out trainings to address certain of the risks that it noted such as In connection with interactions with guests and with human trafficking On the topic of proper authority oversight and independence Going into this phase four assessment Our goal was still to ensure that the company has a governance structure in place that gives proper authority and oversight responsibilities to the various functions that are in charge of hrcp And that all of those functions can operate effectively and independently We've noted that during this monitor ship the company has sought to define and give additional structure to the governance of its hrcp Including through the responsibilities of the chief global compliance officer who was hired in 2021 and took a greater role with respect to the company's hrcp than the prior chief global compliance officer Among other things he is now charged with helping to report on investigations to the compliance committee And the company also as noted before expanded the compliance committee with an additional member with substantive and substantial hr expertise which we've been very pleased to see we've heard that the new members hr experience has been a welcome addition to the company and the committee and are happy To know that the benefits are recognized and are taking root Going forward on this topic. We will continue testing overall resource allocation and the distribution of responsibilities Especially in light of the company's evaluation of the same that it conducted in december of 2022. So just a few months ago on policies and procedures Pursuant to the decision order the monitor was tasked with assessing the implementation of and compliance with all hr policies That reflect current best practices The eoc and the doj emphasize the need for robust policies that are clear that are accessible and that are trained upon Over the course of the monitor ship We have focused on the design implementation and effectiveness of the company's policy landscape The company has made significant enhancements to its preventing harassment and discrimination policy to its Code of business ethics its personal relationships and conflicts of interest policies and employee interactions with guests and third policy third parties policy policies remain accessible to employees by an online portal called the wire and the company also holds English as a second language courses now to help Employees understand more of the policies and the directions that they're receiving It will be important for us to test the consistent and uniform adherence to the rules and requirements set forth in the company's various policies and procedures To ensure their effectiveness and sustainability For example, the company recently revised the scope of applicability for the personal relationships policy to include third parties and so in the next phase of review We will be testing whether the onboarding process for third parties includes a disclosure of any potential conflicts of interest As well as appropriate mitigation for any conflicts that are identified The company has also continued to take a programmatic approach towards increasing awareness of key hrcp policies through year-long communications campaigns that are designed to reinforce the themes from the core policies We've reviewed the 2023 and 2024 communications calendars and see the company continuing to make this effort We also commend the company for launching its 2024 communications calendar ahead of time As it shows forward thinking The company is also leveraging its employee engagement function to ensure ongoing communication of hrcp policies Using creative channels in the back of house such as qr codes that people can scan on their phones posters and banners Also compliance pop-up events Which include quizzes and prizes to attract participation and often feature more senior leaders attending the events as well on training and guidance as a decision in order states Regardless of how well written a policy or protocol is It is only meaningful if it is properly implemented and communicated by management So with that in mind it'll be continued to assess training and guidance against doj and eoc guidance on the same topic The company continues with its annual compliance trainings on hrcp topics Including harassment and discrimination personal relationships conflict of interest and employee interactions with guests and third parties And I believe we've reported on these in the past New employees also receive in-person compliance training now and the company's chief global compliance officer provides An introductory message to all employees during that orientation to reinforce the importance of compliance writ large In addition to general trainings The company has developed trainings that are tailored to its specific risk profile So for example the employee interaction with guest policy targets at risk employees In the food and beverage department In 2022 the company introduced trainings that address the responsibility of leaders To set the right tone for their employees and promote a respectful work environment We understand the training focuses on general management skills But also addresses how leaders are expected to escalate potential policy violations or behavioral issues to employee relations Including conducting investigations for reports of non-harassment or discrimination allegations The company tests training effectiveness Through surveys to identify new training opportunities The harassment and discrimination training now also includes knowledge tests to inform training Reinforcement decisions and the company has also facilitated the timely completion of trainings Providing employees with various incentives as well as iPads and other devices on which to complete the training The decision order specifically mandates that the monitor team Assessed training programs for new and current members of the board of directors and to this end we note That the board received substantive hrcp training In august of 2022 so last summer and that this training included a discussion of the board's roles and responsibilities vis-a-vis the hrcp And lastly on training and guidance in our very first assessment We reported that we heard from employees At both properties at ebh and in las vegas that they had found employee relations At times to be inaccessible or slow to respond As a result, we asked the company to review employee relations window hours So the time that employees can just come up to the desk and speak to a counselor The company hasn't yet provided us with a data Grounded analysis of the use of the er window But instead we have seen that employee relations at both properties have made a concerted effort To be more visible and more accessible to employees throughout the organization On third-party relationships the company has made meaningful progress in this hallmark by taking What we perceive to be a risk-based approach to the management of third parties in particular patron misconduct Which is as you can see from the compliance guidance in line with what's expected In the baseline assessment, we identified patron misconduct as the company's highest risk factor for sexual harassment and discrimination And since then the company has rolled out new policies communications campaigns trainings and other guidance that are all aimed holistically at addressing the risks posed by third parties which include the patrons Going forward the monitor team is going to continue to evaluate how the company communicates The core components of the employee interaction with guest policy particularly As those components relate to the role of supervisors and managers And how employees are perceiving the company's efforts to address offending misconduct by third parties Second we will evaluate the sustainability of the employee interaction with guest training program And employee perceptions of the company's stance on patron misconduct And third we'll evaluate how the company is tracking and monitoring various trends in patron misconduct And while the monitor team will continue to focus on interactions with patrons Interactions with other third parties are also a key consideration in particular How the company tracks and addresses conflicts of interest not only with outside counsel, but also with various vendors The company has launched updated policies to this end And we know as well that the internal audit function has implemented in annual risk assessment And with that I will turn it over to Preston to cover internal reporting and investigation Good morning. It's good to see everyone again. Um, the monitor team The monitor team continues to view, uh, the company's internal reporting and investigations procedures as a Really a critical part of the success of the hrcp Um, he sends our phase three report the company has taken steps forward to enhance its internal reporting and investigative procedures Um, you know the company's done so in accordance with the standards that we first described in our baseline report put forward by both the eoc and doj and Alejandra's described at the beginning of this presentation Coming into phase four our objectives as a monitor team included activities such as making sure That we continue to test the effectiveness of speak up our communication campaigns I'm testing the efficacy of multilingual reporting channels testing employee awareness of and satisfaction with the availability of ER personnel including in In-person services such as what and just went through Regularly speak and with personnel responsible for investigations and review investigation files Observe the continued implementation of the new investigations policy And test the effectiveness of investigations trainings And test the application of newly established procedures Or corporate securities classification of harassment and discrimination incidents We are happy to report that our testing activities to date Have followed these goals You may recall from my report in phase three that the company updated its Investigations policy Um, and it now does two key things First it provides substantive guidance on investigative steps including document collection, which is critical And provides direction for assessment of witness credibility and against And over reliance on corroborating evidence. You know that that is a theme we've discussed since the beginning of the monitoring Um, using that guidance the companies investigators and those who review their findings understand the importance of determining our witness credibility Importance of going back to ask more questions when needed and the importance of ensuring an investigative investigation outcomes are consistent Indeed the company has invited us Uh, to attend and we have attended regularly scheduled meetings both with the company's investigations teams I had uh on core boston arbre and winloss vegas where the company discusses the process and outcomes of hr investigations um, that that those those meetings where they several people get together to discuss these investigations really is Um remarkable. It's not something I've seen and in a lot of other places and the company should be commended for it um The meetings that um, again the discussed investigations I've shown us that the company's investigations protocol and implementation Um, uh of that process for a garden variety regularly occurring and non-exactive complaints Are being applied in other words. What's on paper is being done? uh is Ms. Almonte will further describe at the end of this briefing however Um, that is not perfect. Um, and the monitor team has observed some missteps that need to be discussed um The company has has recently implemented limited revisions to the investigation's policy Reflecting enhancement opportunities identified over the year Uh, meaning his policy continues to get better and they continue to tweak it In another positive turn the company's security function is also defined as standardized classification of harassment discrimination incidents in its systems During phase three That you recall that the company rolled out a new reporting platform And coming into phase four We recommended that the company continued to increase communications from senior management At the corporate and property levels in support of speak-up culture and to make sure employees know that there are several multilingual reporting options It said that company has implemented communications campaigns around speak-up culture And it has highlighted the availability of multilingual camp options In order to make the speak-up culture even more effective I'm going forward. We will continue to test the effectiveness of these communication efforts Um, but we note that surveys and focus groups has just has already been described today I conduct um and and those that we conducted by the monitor team. I reflect that Uh, the majority of employees are comfortable speaking up and trust the anonymous reporting channel The obviously the ongoing testing of that would be important Um, the company has continued to recruit into the er investigation investigative positions Focusing on candidates with tax and diplomacy and who have the ability to promote positive fair in ethical relations With that Unless there's any questions, they'll turn it over to I think I'll I'll 100 for risk-based review Right. Thank you so much, president So turning to this phrase risk-based review, you heard Ann say you've heard us saying right really an integral part of any Well-designed and well-functioning compliance program is the undertaking of review Really focused on understanding the company's particularized risk profile No two companies in the same industry necessarily carry the same risk and it's important for companies to understand exactly whether Potential risks lie on this point. You've heard us report really since our phase one report that the company Has made excellent progress through its internal audit function in designing and conducting annual reviews focused on hrcp Both on risk and on the implementation of the program as designed The annual reviews. Um, we've seen now. I think two complete cycles Incorporate changes in the risk environment and they're showing trending analyses so that the reader can understand how the company's risk risk profile is being assessed and how it's changing And we've engaged with the company on how it's uh recalibrating that risk and It does reflect thoughtful assessment Which we look forward to seeing continue Uh, we also want to highlight here that since our phase three report Security department has also formalized its own process of conducting security risk assessments And that incorporates analysis of incident reports and inspections of new property menus. Of course, they've uh venues They've always had security risk assessments the change here is Internalizing and incorporating some of the incidents that relate to the issues that we are Um, focused on these reports both The risk assessment reports are shared with the audit committee and with the compliance committee and ultimately are reported up to the board Which you think is critical data to allow the board to continue its oversight function on these issues Going to monitoring and testing Drawing from the decision in order as well as from the eoc and doj's compliance guidance and evaluating A company's monitoring and testing efforts It's not enough that the company implemented compliance program. Of course, it is effective in the moment But what these agencies Encourage is that companies demonstrate that they are continuously evaluating the effectiveness in that program businesses dynamic The compliance program can't be static right in order for for risk to continue to be mitigated The compliance program has to change with the cadence of the company For that reason the doj and the eoc really recognize the importance of conducting regular testing of conducting of conducting Auditing into the different elements of the program that are required to work in concert with each other The compliance committee conducts an important monitoring Function they continue to review all harassment discrimination investigations they are Using data and trends as you heard an say They're still an area Of opportunity here for the company where they not only focus on just investigations reporting But look at other database analyses Um of other aspects of their program as well Similar to what they're doing on a quarterly basis presenting data on investigations and complaints um as an has discussed and Preston mentioned as well the company conducted employee focus groups and surveys that were tailored to assess employee perceptions on the hrcp. This was important. We had conducted our focus groups Previously handed the baton over to the company and they've now taken charge of that As a follow-up to the focus groups, we understand the company has developed action plans that are based on the results of these efforts So for example to encourage employees to feel more comfortable with reporting their concerns directly to er The company is considering different ways to make er counselors more approachable and accessible And talked about some of the ways that they're doing This one of the examples that jumped out at us from one of the interviews Is really reflecting the creativity that the company is bringing to some of these areas Is the company is considering designing short video segments for each er counselor That they will then use to kind of show themselves in a more personal light To make them more relatable and approachable for employees who may Be afraid or not really sure, you know, how what to make of someone who's in an er role And the company continues to use other ways to educate employees Omnibals and responsibilities in different ways that er can be helpful to employees Including um as i mentioned by attending different department meetings and and the like So while the company has not developed a full monitoring protocol as we see, you know In companies that kind of bring a little bit more formality and focus to how they plan to monitor the program We do see the actions that i've walked you through As reflecting the kind of activity that we encourage the company to continue as it continues to assess its program and to modify it as needed On the uh controls environment, the decision order was very focused on controls around employee agreements Including these protractions gag orders non disparagement and other similar provisions As we've reported to you in the past the company has existing controls in place and continues to enact new ones to ensure that Employee agreements do not contain these provisions and to ensure proper oversight of settlement agreements and separation agreements as well We're also continuing to assess how the company implement these policies Including personal relationships with potential conflicts of interest policy, which is Paramount to ensuring transparency and proper governance of the company We understand from both documentation provided as well as interviews conducted that the company is reviewing and addressing Disclosed conflicts of interest and we'll continue to see How those disclosures are operating in the and the evaluation in execution of these controls So I think is as you can see the company really does have a lot to celebrate and a lot to be proud of Um, and we're now going to transition to the developing areas Of the program, but I'm going to pause again to see if anyone has any questions or comments before we continue Hi, Alejandra. This is commissioner Brian. Just wanted to say, um, welcome to everybody Um, thank you for what you're presenting and um, and you'll you'll probably get into this in terms of the next section but I did I've said this in the past and I want to say it again that there is a lot to log the company for in terms of how far that they have come But I am still frustrated and disappointed in terms of um the None that they don't have a more robust progression in the area of sort of the the conflict of interest Topic that was something that was mentioned quite a bit in the memorandum in order that implemented the requirement for the monitor ship and Maybe you'll get into this in the last section, but to the extent that you don't I would like to sort of have some discussion about What you see coming forward in the next couple of years on that topic. Okay. Happy to happy to have that conversation um With so and we will touch upon I can touch on it Later in the in the presentation commissioner Brian if it continues to be I will just say now it continues to be a focus of ours You know, we do see the coi policy working in that we see employees raising conflicts of interests And the company responding to those We've seen incidents in the past that you've alluded to Which have raised concerns and we're continuing to work with the company to ensure that we have line of sight Into ongoing disclosures Particularly within certain levels of the company that will give us visibility into whether the company has applied learnings from past instances um into those In those future instances I think one what you're highlighting here a particular commissioner Brian is really where we draw um our observation that you know, the company is is committed to the program But conflicts of interest for example is a key area where we want to be able to the company to demonstrate to us that it understands the why behind some of these policies and procedures And even where a conflict of interest might not be on its face Creating a sexual harassment or discrimination risk. It nevertheless reflects It it it it can be used as an opportunity for the company to demonstrate its commitment to transparency its commitment to self-governance In those areas. So that is the best approach that we're taking on commissioner ryan and we'll continue to work uh with the company to to ensure that Those principles are rooted and deeply embedded So with that, um, if this is a nice pivot, I think to you know, one of the key areas of of development, which is culture of compliance and conduct at the top um, you know as as you've heard me say, um, the executives at the company board members Repeatedly express and demonstrate their personal commitment to the human resources compliance program itself And that commitment we view as sincere um, you know, we see from the ceo on down the chairman of the board Opportunities taken to express their personal commitment There's a video that I think and referenced where the chair of the board has gives a very sincere opening on his commitment to um sexual harassment discrimination policies and procedures Employees, you know comment back on this. So the commitment to the program is there um, one tangible way that we measure that is through financial and personnel resources to the program and the company Has as far as we understood never put any limitations on the financial or personnel support When asked to build any aspect of the hr compliance program Even in areas that you know, as I said earlier kind of more creative in nature, which we love to see right? Like compliance pop-up events that you've heard us reference in the back in the past The compliance committee board and audit committees were seeing Engage appropriately on issues related to the hrcp Including on claims of sexual harassment But now that the company now that the program is underway We do want to look more deeply at these issues mission or brian at your signaling Which is how does the company look beyond? How does it show its commitment beyond the program? To demonstrate a commitment to the principles underlying the program So not just the sexual harassment discrimination You know box that the monitor ship has been focused on but really understanding The correlation of how other areas of decision making Ultimately affect either positively or detract from the culture that it's building And that's hard, but that is that is hard for companies that are Continuing to mature in this compliance space to demonstrate I'm confident it can be done um And you know look look forward to more opportunities from it, but you hit on exactly, you know the area that that we're focusing on one There are two instances that you know, I want to walk through in this phase of the review um A principal mandate of ours as presta noted of course has been investigations um, and because of the history behind the monitor ship, we've been particularly Focused on ensuring that investigations are treated the same across the organization right regardless of who's involved um during phase four We had the opportunity to review two investigations that involved Personnel within the company that were more senior roles within the organization um, and through that process we identified some missteps that in our view Reflect a missed opportunity for the company to demonstrate that commitment not just to the policies it supports But again, I want to sound like a broken record, right? But to the to the principles to the why underlying those policies In the the first point I want to highlight is in both instances The person who was implicated by the reports Was made aware of the reports outside of the formal investigation process um, that's something that can't happen in any instance of course The subject of a report or someone implicated by a report must be brought in at an appropriate time within the investigation process, but it cannot be Before the investigation begins or by, you know, um outside of the the formal the formal investigation itself Advising someone of the report of course, I don't have to um tell you but you know our concern is That advising somebody outside of the report out of the formal process could interfere with the integrity of the investigative process Now we have seen no indication here that that was the case and I do want to make that clear um, you know, the the reports seem to have been made to the person with Not necessary intent to alert them to the report but for other reasons But again that internalizing of whether Conversations should even be had that it could betray the fact that a report was made um is a misstep The second is that you know, the decision to share the fact of the report frankly to us raises questions about the independence of an investigation of the investigative process um individuals should not Feel compelled this goes back to that ensuring that anyone who's in a in in a role that Is touched by the HRCP understands they are independent Protectors of the compliance program and they need to understand the roles and responsibilities in that So those questions again of independence are heightened and will be heightened As we go on and we expect to see greater thoughtfulness around these issues And they will particularly be heightened should these investigations implicate members that are more senior in in the organization The second instance of concern in this last phase involved The company's assignment of an investigation to someone That could have been perceived by others in the investigation process as being close to the person implicated by the report um this decision raised concerns for us That the assignment could compromise or could be perceived as compromising The objectivity and impartiality required in the investigation process Specifically that it could kill what either the reporter or what others The interviewed might be willing to share with the investigation We engaged with the company on these decisions Particularly with the decision to assign the assignment in question interviewees who we spoke to Told us that they consulted the investigations policy before making the assignment determined that the policy itself didn't prohibit The company's interpretation of the policy is plausible um but quite narrow And in our view provides an important learning for how the company can show values-based leadership It's not enough to ask whether a policy permits a particular course of action It's equally if not more important to ask Whether the course of action aligns with the underlying principles and stated objectives of the policy itself Right. I think it was um justice glia who who said just because we can do it doesn't mean we should And that's something that you know, the company should be should be asking itself. I don't want to give These issues are important Right when it comes to The data points that we have As a monitor team They're not abundant, right? They're not in the dozens, right? We only have one or two Examples to draw from But even one or two I think can Really reflect meaningful opportunities that can be implemented in situations that could be more Serious down the line So in in a in I want to pause here question or Brian since that was really Part of where I think you or you wanted to discuss but you know, I open it to you if you have any follow-up questions No, those were the the two instances that were top of mind and the I guess the frustration that I expressed was more and maybe you can opine on this is While there seem to have been growth and learning and advancement in a number of areas They clearly have more work to do in this area. My question is Is their growth And learning from past experiences or are we flatlining in this topic? That's a hard question to answer again, because we don't have a lot of data points and they are all Candidly in this case clumped a little bit in time um there's Based on the conversations that we're having particularly with In critical areas of the company. I think there is an openness To understanding why these things matter. So I don't think that we're flatlining I'm truly hopeful that if situations surface again These learnings will be applied So we have we have seen indications that the company is on a path to continue growth and so I know you don't have a lot of data points, but I do think back over the course of the last You know what three plus years now where there have been other circumstances that Highlights sort of the lack of appreciation as to the why when you talk about conflict of interest situations And it I hear you that the acknowledgement that there is something to be learned and appreciated as a step forward Um, I'm disappointed that's as far as it's gotten at this point So I would just say going forward as a commissioner I would hope that the trajectory up on advancement in this area is going to be the most pronounced For this topic. This to me is The biggest vulnerability in the review that you have done so far We hear that um commissioner and and we share that urgency um, I think it's something that The company can and will accomplish um And we'll continue to engage in discussions that help move that forward right Thank you more um recently in this last phase we also heard from interviewees uh reports of statements within the company that The interviewees perceived as not aligning the company's general commitment to the hrcp I put this as as a pin. Um, the company is aware of the alleged statements and acted Very swiftly to conduct an independent review into them We're going to continue to engage with the company on these issues and you know look forward to to their assessment moving on to proper authority oversight and independence um and talked about the compliance committee and as you all know the compliance committee was formed to act as an independent advisory body to the company on compliance matters generally One of its primary roles includes oversight of section harassment discrimination complaints and ongoing investigations in this area Um, and more recently has started to receive updates on other elements of the hrcp Which you know, we think is is very helpful an ex-officio member of the compliance committee reports on Compliance committee meetings to the board on a on a regular basis so the board is getting visibility into what's discussed at compliance committee level On august 3rd of last year the board passed a resolution that memorialized the compliance committee's oversight responsibility with respect to the hrcp specifically um in interviews subsequent to that resolution passing um We understand that this was meant as a formal memorialization of the attention already paid by the compliance committee to these matters on behalf of the board Some compliance committee members um expressed to us in surprise following the on the august resolution as well as uncertainty about um, whether they were appropriately positioned to carry out certain other responsibilities that were set for there was from what we understand just a lack of Notice or communication that the more of the resolution memorializing rules and responsibilities was going to be coming out Following that, um, we understand there were internal discussions and in february of this year The board issued a new resolution further clarifying the compliance committee's role as well as the board's intent That although responsibility to review and analyze issues as there are rise Related to the hrcp As far as that is delegated to the compliance committee the board nevertheless retains overall responsibility for the compliance risk and oversight That revised resolution also formally codified the ex officio members reporting to the compliance committee on a quarterly basis and clarified that the reference delegation is not intended to alter the responsibilities of key hrcp gatekeepers such as executive management From having to report issues to the audit committee or to the board is appropriate These from our view are very important clarifications. Um, you know One thing that we talk about sustainability is the program has to survive the people who are in the chairs now and memorializing these types of governance Decisions are important steps towards ensuring that sustainability, right? It's turning a a good practice into sound governance. And that's what this resolution In our mind has Has codified We'll continue to monitor how the two governance bodies execute their roles and responsibility And we'll be particularly interested to see how the board continues to ensure that the delegation is supported is carried out It continues to support it with clear communication on on what the board expects We'll also be focused on how the board continues to execute its oversight vis-a-vis the compliance committee responsibilities with uh, the other aspect of course of proper authority and oversight that and touched on and that continues to be a focus for us is how the Cgc of the chief global compliance officer Continues to have independence and authority in his role And key to that for the central element of that is reporting structure. And that's true. Just in compliance program management generally And it's a it's a topic of much discussion in compliance Circles right because for employment purposes a chief compliance officer has to have some reporting line to an executive At the same time for independence You want that role to also report to an independent body and the board and not a committee or you know, in this case potentially compliance committee Um, and the company has been evaluating and reevaluating this for some time we understand um, you've understood from interviews that the compliance officer reports Substantively and directly to the compliance committee and retains an administrative reporting role to when resorts general counsel So for approval of expenses for example another similar administrative tasks And in principle that reporting structure Generally aligns the common reporting structures for cco's right. You've got the administrative line one way you've got more of a substantive reporting line In february 2023 the company revised its compliance plan to add the following language, which is The general counsel will on an annual basis review any bonus or stock award to be provided to the compliance officer with the compliance committee In addition the compliance committee shall review the compliance officer's annual performance evaluation as prepared by the general counsel And provide consultation to the general counsel with respect there, too That language provides a compliance committee with the foundation to provide meaningful input on the evaluation of the chief global compliance officer and really assert itself as Kind of the primary reporting line for the chief compliance officer and we're hoping Will further help drive um independence. So going forward again here, we'll be really assessing how these clarified reporting lines are carried out um, and I think it really will be incumbent on Each of the parties involved in this relationship to identify ways To continue to ensure the independence and autonomy of the compliance function as it relates to specifically if we turn now to training and guidance, um You've heard many different ways in which the company has continued to enhance its training one area That continues to be a focus for us is how it's testing the effectiveness of those trainings We understand from discussions with the company that those efforts are already underway And have seen some indication of the company refreshing its trainings to keep them relevant um, we also And commissioner brine and or this is a question that you've raised in the past as well um continue to focus on the company's efforts to train supervisors particularly on reporting obligations and responding to Allegations of section harassment discrimination We've seen good progress there and will continue to monitor the effectiveness of of that training On internal reporting and investigations for completeness. We included our discussion in our report Um on how the company managed the two investigates with the two instances that I walked you through a little while ago We included them here as well. I don't need to go over them Um, I do want to highlight. We chose to have the bulk of the discussion under the culture section um because it it's more relevant to learnings in that space then Here so we don't need to Repeat repeat those issues here, but we will continue of course as press and mentioned to closely monitor the company's handling of investigations And we're looking forward to continue progress in this space We can turn to slide 34 Um, so incentives and discipline is something that's gotten a lot of attention recently compliance uh in compliance circles Um, and you know as we've discussed before historically the company didn't have a formal performance management system Something that the company has thought it was going to do when we first came on then didn't and now ultimately has Um made a commitment and has already started to roll out a performance management system that is going to Um start at the highest levels and then kind of report on down We're interested in seeing how the company uses that performance management system to incentivize compliance promoting behaviors Particularly for people in leadership roles So this is very new We want to make sure the company has at a foot runway for it And we'll be able to continue to test the application of this system Going forward next slide in So next steps. Um, we do continue to see meaningful progress in the design of the program You know as we've highlighted there are important areas Where we expect to see greater progress and we'll continue to engage with the company to make sure that we have the visibility into it Where it is happening and where there are continued opportunities to highlight learnings. We'll continue to do so We have seen increased engagement by the ceo particularly and by the board on these issues and we're hoping that generates Frankly just more open communication channels with us that helps us communicate what we're seeing and why we're saying What it is that we're saying Which are opportunities that we haven't necessarily had in the past um, and we think will help communicate our objectives more directly and ultimately You know hoping to continue to see the company internalize the values and the principles of the hrcp into its uh day-to-day decision making That touches these areas So thank you so much. There's our team especially the faces that you couldn't see today Um, but we do thank you very much for the generosity of your time an opportunity to present to you today and are of course open to additional questions that um commissioners may have Thank you. Um, yes. Thank you for taking down me on our point questions for elm rondra and professor Well, I'm going to just ask her make some observations First one note Let me see. Let's see if I can tell you about page um when resource Has submitted a letter today on May 7th, and we paid away 7th response to The independent monitor before it is on our website where Numbers of the public and it's part of page 53 of the pdf That was signed by general counsel widemar and local general counsel jackie cum Want to thank this team for its thoroughness When we procured Contract for the independent monitor over three years ago We look for A number of strengths We were fortunate to have this team That included preston pew with significant experience as independent monitor And then ala hondra with her own Independence from her firm. They were at the same firm at the time. There was some change in between and ala hondra came He sent it to us with a wonderfully A wonderful bench that included an and the other members of the team that are noted I just want to learn the record pointed out Catherine tapas and nicole go sabay the knit alexandra has come on board since then There's an extensive selection process and I just want to note that because Commissioner brine and i'm a part of it the other three commissioners or yet commissioners so um a little history Your appointment was um part of an Of a number of conditions to our decision in the appointment was Or at least three years In up to five years And at this note this point I do want to know that We are at that timing where The appointment is now past three years. We also Want to note that Company was very cooperative during cover to the extent anybody and everybody was able to be collaborative and Cooperative at that time I also want to note that I really want to upon chair satry um was the chairman of win resorts because uh he and his board of directors um have Then cooperating and I appreciate you alexandra for noting that I know how important was the commission at the time recognize that The degree of change that needed to be executed was so significant And today we hear So many details about how that the culture The concerns that we raised in our decision have been addressed I want to thank the science committee Uh for the four members they have the very big job But I know that they through this work I mean we know that they are taking it seriously I also want to note The work at uncle bossing harvard south yeah Jenny holiday should be commended for The work that she and her team have done cooperation with alexandra and your team to ensure the safety well-being the Employees and patrons and uncle bossing harvard and most importantly ensure The conduits to be able to report the trust That their concerns will will be communicated and then Addressed appropriately If you know commissioner bryan's concern about conflicts Your degree beat our decision How conflicts are addressed may in fact differ From jurisdiction to jurisdiction It's not lost on me personally that massachusetts is not nithata To very different jurisdictions With that said, I think we recognize that in order to really truly ensure that the risks that we identified In 29 can address those conflicts Must be managed in a way That's probably Leans more massachusetts than nithata So, um, I thank you commissioner bryan for for raising that concern I I'm noting improvement. I think it's fair to say But there may have There's certainly Many more guardrails now erected to address what was a significant issue in 2019 so I don't want to think As much as I want to thank the independent monitor. I do want to thank the company For its collaboration with with the independent monitor and its own Its own work To address what we raised back in 2019 like in To that end, I do think we were united In that we wanted to ensure that employees and patients near massachusetts and under wind resource would be safe and feel they have Trust trusted mechanisms to express their concerns So I guess my question though, I don't know what it would be That description you may not be able to answer this question because I've learned a lot about the independent monitor relationship, you know, and with the regulator and what you kind of can't do And precedent and chime in If you could One maybe give us I know there's a bunch of really good students here You could give us a grade and maybe you can't In terms of someone, you know spectrum from zero to a hundred. Where are we in terms of I heard I heard Preston give a very high grade Given all of his experience on what he was observing on one one how The company doing overall if you can say that and then also what would be you had to label what Would be the top three Risks that that are out there. Are those fair questions or do you need to Hug them. No, those are those are certainly fair questions. Um, and I will answer the first one this one. I think in terms of In terms of giving a grade I'm hesitant to do that Madam chair, but I'll tell you the reason is, you know, we compliance is not a check the box Right and I hesitate that if you know, I give a grade or percentage It will be a reflection that the company has done right X percent of what it needs to do. So what is that? Remaining percent look like and what do they have to do to get there? I talked earlier in response to Commissioner. I'm uh, O'Brien's question about not having A number of data points, right the data points in terms of what the recommendations are the company's implementation of that, right fantastic job right but But it's most important going forward, right are those I don't want to call them software issues because they're the more critical issues but less tangible Ways in which the company continues to reflect its commitment, right and that it really gets what this program is about Um We don't have a lot of data points for me to be able to even give you a grade, right? But I can tell you Because there are such few opportunities for the company to demonstrate the depth of its understanding each incident really matters um, which You know is it's a high bar but pivoting to Your next question, which is, you know, where do we continue to see? risks it is where Commissioner O'Brien picked up our theme was going right is on really demonstrating at every opportunity from the board to the c-suite on down that It is committed to demonstrating that there is no exceptionalism at the company All rules apply to everyone and all processes apply regardless of who is involved on through From the very top all throughout the the organization and you know, I do not want to even imply that The culture at the company is anything like what it was prior to 2019 Right. Um, but we're also It's 2023 and these issues across industries across the compliance and legal landscape Have evolved and have matured and how you know companies are thinking about these issues has grown and even And we want to make sure that when is keeping pace with that Right. It's not enough to say the people who are involved in the past are no longer here Right. That's a meaningful change But the people who are here now have to demonstrate an intentionality of constantly working towards Continuing to separate themselves from the past And you know, you mentioned the difference between messachusetts and avada and You've heard me talk about this before right that there is a certain level of closeness and familiarity that grows in any organization And one thing that we've always said To the company is you have to be hyper vigilant right the closer You are to someone regardless of wearing the organization that relationship falls the more vigilant We must be in terms of Applying judgment and discipline sometimes even going as I said, you know beyond what the four corners of the policy may permit employees on the frontline Given resounding right really strong reviews in a lot of areas for the HRCP for surveys There's a whole middle category of employees too that often have visibility into decisions That are made within an organization that line employees may not and so I think the company has to keep in mind that it has a number of different audiences That are drawing from decisions and conduct What truly The reform looks like So I hope that answers your question commissioner in terms of Both the you know grade and where we see Opportunity that is you know commissioner brian called it a vulnerability Right, I mean that is the the greatest opportunity that we see here. And I think second is ensuring that direct reports of People in the c-suite see that commitment directly and understand The expectation Flows down we focus a lot at the top But the expectation to accident to act in importance with these principles really has to be cascaded down to all levels of the organization in a way that Is intentional and proactive it can't be taken for granted that Every manager every supervisor understands And I'm not saying that they don't but we want to see just as the company is speaking to line employees about their commitment We also want to make sure that From you know craig billings on down everybody here is from their direct supervisor That we're all in this together. I expect you To act in a way that is consistent with our shared values. That is what um, we talk about when we're talking about incentivize incentivizing compliant proactive compliance Alejandra before you go on to on your third point Could you give any example of how fast to incentivize? Yes One concrete way is frankly just saying it in meetings, right? Um, I participated in a meeting in another matter not that long ago where the ceo spoke to Unprompted their elt and said This isn't just a legal or compliance obligation This matters to me and I expect to see a b and c from you within this defined period of time happened completely organic Um, and more formally through incentives and disciplines built into The performance management system We've recently seen updated guidance from the department of justice in this space Where they're challenging companies when it comes to compliance decisions to really Get people in the pocket, right? So where there is there is discretion and compensation and bonus payments and there are instances where um People have not acted consistent with Compliance expectations have not demonstrated appropriate leadership companies The doj expects companies to reserve the discretion to withhold discretionary bonuses or compensation as a way of demonstrating, right? The proverbial putting your money where your where your mouth is, right? Those are those are ways. Um, madam chair that we've seen not just um regulators Communicate how this can be done or we've seen companies do it themselves similarly when it comes to promotion considerations advancement opportunities That just as there is qualitative there are qualitative measures On whether a person is suitable for a promotion. There should be quantitative measures such as leadership in this space And the third area is just really ensuring that you know, as the company's operations continue to become more complex That it continues to resource this program. And as I said before I have you know, no doubt to question um that the commitment is there but We've seen this the farther you get from Right why these things were created in the first place the more at risk they become So just ensuring that as operations get complex company continues to grow There are institutionalized ways for the program to survive But at this time you haven't seen any particular risk in that area No Even on the second point you've seen perhaps some of the Verbal cues but no particular Performance management and a lot of verbal cues to to to frontline employees a lot of verbal cues um you know, but to the extent you know, I mentioned this report of You know statement that Someone felt was not consistent with the company's commitment. That's an opportunity whether it's true or not, right? But it's just a reminder that people hear different things and to the extent that A comment was even misinterpreted, right? Let's take that opportunity to say hey guys, right? Let's make sure that we're all in this together. I know it's hard work. It matters. I'm paying attention, right? Everyone else is paying attention. Um, let's make sure that we're Always supporting What ultimately is a shared goal All right Thank thank you commissioners other questions or comments or just there's anything that's Mysterious because it's a lot to digest Patricia skin. Are you leaning in there you go? I am. Thank you madam chair and good morning Alejandra Preston and and thank you for your presentation Um, I think the chair um really hit on a lot of important points um, you know in particular, um, you know, I agree that There is a lot that the company can be proud of in its review of an implementation of Well, let me just say its acceptance Of your involvement as a result of the commission's decision and order You know, and it has a I'm pleased that, you know, um, they're they have demonstrated maturation in a lot of What what you've presented today a lot of the different areas that you've presented today But like commissioner o'Brien, I am struggling. Um You know to understand exactly where the company is with respect to their um, you know as as you as you Reference their um incorporation of those underlying principles across all policies all aspects of of company operations and You know, I appreciate the the letter that the chair referenced that is included in the packet That we received from the company. Um, you know, but I I guess I want to you know sort of See if the company would consider I guess um Just going a step further. Um, there's a blanket disagreement included in that letter With the independent monitors observations and findings and For me, you know the independent monitor you folks are doing exactly what you are charged to do and so it's still a little abstract for me when You know the matters that you're that you're tackling and and I would like to hear a little bit more from the company in terms of you know Specifically, what do you disagree with? Right? Um, you know, again, we got the letter this morning But it's it's I I would like to see a more substantive response And I don't know if there's an opportunity for the company to do that in during in these processes I know we hear from you on a regular basis Alejandra and in team But is there a mechanism for the commissioners to hear directly from the company? from encore in terms of what it is that they Find objectionable about your report and You know just ways that they are Steps that they are taking to Demonstrate, you know that they are Incorporating those underlying principles in their in their operations Alejandra. Yeah, I'm going to turn it to you because I'm so sure about Independent monitor So sure sure. Um, so I think with respect to us commissioners gonna, you know, we do have um, you know very candid conversations with the company of where we're coming from and you know where their objection are With respect to providing a forum for them to be able to present to you You know where their objection comes from I would defer to the commission To what the appropriate process is for them to be able to do that. I think You know, I don't want to I don't want to speak on behalf of the company. Um, but you know my my inference Is that because there are such few Instances in which you know from which we're drawing these conclusions and observations It could be seen as us giving an outsized weight to these Different decision points That from a quality from a certainly from a quantitative perspective I understand that But it's also decisions that Are close enough to instances that we've seen in the past Where we've had discussions about the type of vigilance that should be brought um by the company to certain instances and We'd like to see a more concrete reflection of The company internalizing those prior discussions um much of What informs our conversation as well and and this we have had these conversations with the company as well is Not just the decisions themselves, but often when we ask about why decisions were made The way the company responds to our questions is often More concerning than the decisions in the first instance if that makes sense, right? So and I understand you know that this it's a really unnatural way to engage with someone um but We truly want to understand right And oftentimes, you know, we're left with a sense that There's an entrenchment in defending a position as opposed to Just let's be open, right? Let's talk about what happened. Why did it happen? Um, you know, what have you learned from it, right? That's kind of what the monitor's whole is To be able to then come back and more directly answer commissioner brian's question and your question, right of what else? What are we seeing? What indications that we have? I don't know commissioner skinner if that answers Your question directly It does and that's precisely what concerns me and it's it's What is driving my Desire, I guess to hear again more directly from the company in terms of you know, what their response is to that I think I would turn commissioner skinner to this discussion to counselor grosslyn at a another time to see What's fitting and also whether in fact the company would want to weigh in I don't think we want necessarily To make any presumptions, but I I know they're listening today and hearing your concerns so They wouldn't have to I mean, you know, of course we we just we we Went through half the presentation highlighting areas That have matured. So, you know, this would be an opportunity for the company to highlight, you know, those uh successes as well other questions from commissioner maynard commissioner hill Commissioner brian. Yes I do but I just wanted to make sure commissioner hill and commissioner maynard didn't have anything I wanted to say or ask Like I can briefly just make a comment um I I appreciate under our person and I am the newest commissioner. I know this is not the first time we've had the opportunity to sit around but it is One of the few times I'm taking it all in I understand the report and appreciate me going through it. I I understand Um to the extent that it was made ebh's um letter You know, I believe perfection is impossible Right. It's an impossible goal But it is a noble goal and if you're striving the pursuit of perfection Uh, we'll get you to to a pretty good place. So I'm taking this all in that's that's really where I'm coming from is is understanding that um, there's no such thing as perfection, but There's a stride for it and and I'm measuring what the stride is, you know, how how hard Is the licensee striving to meet that goal? And so I appreciate your time and um and for the explanation And that and I think if I if I can address just one point that you made commissioner, which is really important Perfection is is is impossible, right? I mean, I've often said if you want to really mitigate all risk to stop Stop operating a business and that's why I made the distinction between The incidents themselves and then engagement on the incident themselves because that's where we can kind of see Okay, what are the lessons learned, right? How are we how are we going to make it? Better next time, right? um, and that's where I think The key focus should be is on the response to the incident and the openness to the To the opportunity to to get it better, right? So commissioner mayor, can you follow up? Are you all set? Commissioner hill, are you all set? Yep. I'm all set and thank you for the presentation as you said earlier and digesting it all You're very well presented And um, appreciate it, but I really don't have anything to add at this point. Madam chair Thank you Certainly. Thank you, madam chair um I did I did just want to circle back to the questions and the comments that I made earlier in light of the company's letter and Particularly as commissioner skinner said sort of the broad stroke Objection, um, and I do think that contextually everybody here Needs to remember that there's a discussion in public and then there's detailed interactions between the monitor and the licensee and that there is um I to the same extent that sometimes the process and the that got to a result that maybe wasn't good in this area Is more troublesome than the fact of it themselves. I have also troubled by a broad stroke rejection or Allegation that there's mischaracterization on behalf of the monitor in connection with this report. I've been Living this life since the hearing in 2019 that resulted in the imposition of this requirement There have been instances along the way that by the nature of public conversations do not Meet these meetings and they do and I am Aware that this is not the forum I do however take issue with the fact that they publicly say they don't agree I would hope that in taking that position that they do in fact Embrace the why behind the areas that have been highlighted by the monitor and come to attempt and hopefully do appreciate The why and as the chair said This is the commonwealth of massachusetts and they are doing business in the commonwealth And while historically they may have function in an infunction in an environment that has a different set of standards in this regard The world of compliance is moving forward everywhere And I would like to think that massachusetts is pretty aggressive in this regard and this commission is as well It is a work in progress. I hear commissioner maynard, you know Perfection is obviously not the goal here What it is is growth And sort of a minimum threshold and what I flagged in my comment earlier was I Still feel this is an area that was of critical importance when the decision was issued in 2019 And disappointingly for me is still an area for which they have a long way to go They have made tremendous progress I am optimistic that they appear to embrace Wanting to know the why behind it and to move forward that letter to me did not support That representation, however So I did just want to reiterate I I stand by the questions and the comments that I raised earlier in the presentation I hope and appreciate that they are listening. I think they would hear me I don't think anything I'm saying is a surprise if you read the decision and the prior reports So, um I did think that that Very repeating given the letter that was submitted I'm going to turn back to Alejandra Alejandra, we just check in with Preston and to see if So anything that you wish to add are Anna Preston And you want to go first? I don't have any additional comments. Thank you um Very very briefly. I appreciate the um, um the the questions that have been asked today um, and and The the views that we are All agreeing on here are views that frankly the monitor community Agrees on too, right? We have these discussions all the time and there's questions all the time about When is a monitor ship supposed to end? When we were drafting the avas, um Standards for corporate monitors the first set some some years ago. This was a question that was asked um, I I think that um Maybe what the company's letter is confusing is our compliance is Alejandra described with Um standards that are um Um being held um up for for um employees Or maybe even mid-level managers when you have some of the examples that Alejandra has alluded to that are in leadership You know every you can't you can't stop the process when you have those those problems, right? You can't stop the monitoring process when you have those problems um, and if you're rewind You know after you finish the process the monitoring process and you look back and you say those things Still existed. Um, then the regular regulator at that point says well, you know Did that monitoring process really do what we needed it to do? And I think the answer is if you have again some of these examples that Alejandra point to um, the answer's got to be no so I I I know that um, you know, we look forward to um the the company coming forward and and You know expressing um, maybe in a more specific way it's it's views um, but I I know from experience and a number of things like this that um um, this this report is very very fair um, and uh, hopefully that it will lead to more progress by the company Would you like to close out unless another question gets raised by the commission? I Need to take more questions Thank you president for that. Uh, any other questions before Alejandra closes out the session? So it's been very informative right commissioners Alejandra, thank you so much. We do want to thank you for your time for your thoughtful questions We do believe there is, you know, just a shared goal Here from everyone involved and we're Eager to take on the next phase and to see the company demonstrate the type of progress that the commission has asked for Excellent Okay commissioners It is just about noon I do see mr. Gallo is here for our next Madam chair Yes, commission. You know me. I need about a 10 minute break if possible That's what I was just going to say commissioner. Hell because we do have next means we're anticipating an executive session But I think if mr. Gallo doesn't mind We would like a 10 minute break does that work for your schedule mr. Gallo? Of course, of course. I could use one too Okay, excellent He's an attorney. I bet that he found this to be very interesting. So thank you so much to our independent con independent monitor And thank you We appreciate all of the work that you and your colleagues do custom. Thank you and Alejandro for to Stay connected. Thank you so much. Thank you so much. Have a wonderful day. Thank you. Goodbye. Bye. Have a good day Bye. Bye. Okay, and we'll reconvene commissioners that at 1210. Thank you so much There we go my apologies there was a failed attempt to make coffee with our machine Two failed attempts I have four ounces of very strong something in front of me Commissioner Hill is going to keep track of me in the event. I I need an intervention um We're all set streaming away Or do we we are all good together? Okay, excellent. We're returning From a break. I was just mentioning my inability to make a good cup of coffee just now Um, we are convening the mass gaming commission It's meeting and we're doing so virtually so I'll do a little call. Good morning. Good afternoon now Good afternoon. I am here. Thank you. Good afternoon. Commissioner Hill. I'm here Good afternoon. Commissioner Skinner. Good afternoon and good afternoon. Commissioner Maynard Good afternoon, madam chair Okay, so we're going to um turn now to item number four and uh, we are turning to the possibility of holding in a executive session and uh In order for us to consider This matter. I do need to read the language of the law Into the record Counseling Grossman. Is there anything we need to add in advance of me doing so No, I believe you're all clear to proceed in the ordinary course. Okay, so The commission anticipates that it will meet an executive session in accordance with gl Chapter 30 a section 21 a 3 To discuss strategy with respect to collective bargaining with seiu Local 888 as discussion at an open meeting may have a detrimental effect on the bargaining position of commission It's noted here that the public meeting of the commission meeting Will not reconvene it should probably say may not Reconvene the conclusion of the executive session. That's kind of the typical language in this instance this particular executive session was moved up to accommodate Mr. Gallo and We will reconvene in public session today so I think For the public What we'll do is have our screen and we'll determine Whether at the conclusion of any executive session should you so vote Whether we take some kind of a of a quick lunch break and Dave Who's just appearing days who's it will keep the public apprised? Okay, so commission nurse pressures I've just read the language Into the record with respect to our anticipated executive session. Do I have a motion? Madam chair, I move that we go into executive session on the matters and for the reasons just stated by the chair Second Thank you. All those close and they commission The different board meeting over the weekend Come and share a brian. Hi Commissioner hill hi mr. Skinner hi Mr. Maynard. Hi, and I vote yes 5-0. So we will now wait for the The prompt to join the breakout session and Thank you Dave for keeping the public apprised So I just want to make sure that I have all of the people that need to go into this one Please feel free to let me know if you need to be assigned and I have omitted you I'm Todd is this is the group that's going into this executive session the one that you sent over to myself and grace earlier this morning Because I Now there was a question on if there were two of them Yeah, no, there are two executive sessions. So this is the one I sent you. Okay, perfect. I'm adding those participants in Karen, can you confirm that? For the executive session That's anticipated at the end of the day that uh, Dave gets a correct list of participants for That session. Thanks. Thanks Dave problem All right, I think I've added everybody and again feel free to let me know if you need to be moved over and have not Thanks so much Dave And let me share my school with the meeting was Hey Dave, are you going in the executive session? I had you on my list, but I want to confirm Dave you want me to go knock on his door? Dave Mulder, are you able to hear me? I can hear he's answering you from his office. Yes, I can hear you. Oh, okay. Sorry. I you must have been muted earlier I didn't see I was muted. Sorry. No worries. Do you need me to put you in the executive session? I had had you on my original list. Okay, gotcha Should have the option to join it now Okay, Dave Great I think we have the five commissioners so Reminder this is a convening a mess to this gaming commission I will be taking a roll call. I want to thank the public We did start this morning with a lengthy presentation and then an executive session and a quick lunch So because we're holding this meeting virtually Commissioner bryan I am here Commissioner hill. I'm here. Fisher Skinner. Good afternoon Commissioner Maynard. I'm here So we'll get started again. It's um already been a very productive day But we're now turning to item number five on our agenda and that's our sports wagering division You've got a few items for us today director van if you want to get started. Yes, ma'am First off we have uh the Operations manager sterile carpenter on six events that we had originally had before you a few weeks ago and it has been resubmitted Mr carpenter Good afternoon chair and commissioners So on page 55 of our packet Starts the memos I would like to take the events One at a time um the first event um just just uh some backup information all of these petitions were created and sent to us by us integrity us integrity offers their services to events for monitoring and Alerting of suspicious activity, but they also do a variety of other things and this came from um The their requests came from that body um, so the first request is for n rx um under 205 cm r 247.03 The commission reviews all petitions for a new sporting event or wagering category Uh, the u.s. Integrity has provided this petition requesting that n rx nitro rallycross be added to the sports wagering event catalog uh The summary of the petition is below in your packet It goes through that it is a An american rallycross racing series created by rallycross driver travis pronaster Apologies if i pronounced that incorrectly And the nitro circus Uh production in 2018 The championship is sanctioned by the united states auto club United states auto club is a third party sanctioning body that oversees all nitro rallycross races Nitro rallycross the test that it has closely worked with the usac to ensure all rules regulations and race sanction Is best in class and not only ensures a seamless introduction to the sports betting But also sets the standard of a top tier professional motorsports series um We asked them if anyone in in um the commonwealth were interested in offering these events in massachusetts us integrity stated that draft kings Betfred bet 365 and other several operators have offered wagering and nitro rallycross Over the past eight months since the series formally launched sports wagering now We do know that betfred and bet 365 are not licensees here but draft kings is the one that would be offering it in this jurisdiction I open up to any questions or concerns that the The commissioners might have uh, also there was a link to it and uh Kind of a picture of what it looks like going forward commissioners questions for stir any um I do stir all so There's been a little tweaking of sort of what was given to us the first time and then what was in today's packet So it looks like They found it in 18, but their inaugural season wasn't until 21. Is that accurate This inaugural season began 2021 so He created something in 2018 But the inaugural season was in 21 Yeah, it took it took a couple of years to get into um Up and running right um and The draft kings is offering this in other jurisdictions, but they're not the ones that came and asked for us to add this right This is you Correct all six that would be provided to you all come from us integrity So I guess Does that hold true for all the other requests that we don't have specific Licensees who are saying yes, we want this right now So the these six have all just been um by us integrity So I was in contact with draft kings on SLS due to it being Offered in states. I wanted to update you before it went because they said that there was an a large event going Going on when before When we were going to present it it in turn happened um And so I wanted to just get information for you guys on That happening because originally when we got this request it hadn't happened yet So the draft kings offered I think when we get to SLS it was in five or six states that they offer They they had wagering on that event In other states that they offered but not here, of course Yeah, but they if these aren't petitions filed by our licensees. None are from the licensee yet yet. Yep Just a reminder um on with respect to commissioner o'brien's point and and we knew there was overlapping here because these came to us a bit ago That we are we have asked to review the regulation that addresses how These matters come to us taught. I think the language right now is any person or entity may Regardless of any connections but that's because it's a trend file But commissioner o'brien you've emphasized I think a point that I've been thinking about and at this point none of our licensed What's wagering operators have requested? any of these six events to Go into their On this on this particular of that at these Results outcomes Sturro Determined by time alone Or is there any Discretion that requires jaji in in nitro rally rally or in all So the first one the first one. Yeah, the nitro rally cross from my understanding is just a race a timed event Time and they cross and they cross um as part of the petition you know, they they Issued the name and how the top three finishers the winner of the race in each course In the route in which they take so the finals is a pole position in the qualifying days results So this this the way I read the rules. There is no judging involved in style in this. It's pure Race course like yes strategy on their part because of that loop. Okay, um other questions for um Sturro with respect to this request And I think we would probably unless commissioners you indicate otherwise We would take one at a time commissioner hill Um, I was just going to request that we do this one at a time because I have some questions regarding spotters So with that said I would move that the commission amend the official catalog of events and wages to include Nitro rally cross and our x has included in the commissioner's packet and discussed here today So second I'm comfortable with this event. So I will second it but I would take these in turn Second Any comments or edits? Okay Mr. O'Barrion No, we don't have anyone asking for it licensee wise. I'm in a right now on this Mr. Hill I Mr. Skinner Mr. Maynard Hi And I'm in a The same reason is commissioner O'Barrion Okay, but that passes three two So that means that event can be offered So just for information with the passing um The this event will be placed under the motor sports tab catalog and us AC is the approved governing body in that section already. So it would just follow through to the league being approved Okay, uh, so second event going down Is a petition to add magic city highlight to the event's catalog Under 205 cmr is stated earlier 247.03 we are to review all petitions um, this petition was Uh provided to us by us integrity for magic city highlight for Um, every everyone that might not know highlight is a sport involving a bouncing ball off a wall called a pelota um, but That can reach up to speeds of 180 miles per hour And they use a handheld wick assess that in using uh in playing the game. It has three walls the variation of the boss, uh the term highlight coined by I'm not even going to try and pronounce the person's name in 1875 is also Often loosely applied to the frontan or the open walled area in which matches take place So it means merry festival in bossk and it's called sesta punta in the boss country The sport is played worldwide, especially in spain france and in various latin american countries in, um The petitioner attests that The licensing of their personnel and are done by an fbi checks and then are overseen by the state of florida Their league play is overseen by the world highlight league And they have placed their league rules in their petition As a governing body, they have been they have been informed of this request The petitioner has stated that several operators have expressed interest in offering this event if approved in the commonwealth There is no players association for the players, but each player assigns a contract with strict code of conduct language During the review of this petition the sportsway during division found that the petition petitioner answered And met the requirements of 247.03. There are no concerns with this request at present time Recently bet rivers has offered this exclusively But magic city casino has negotiated out of that deal So could you just remind me what you just said who's offered it exclusively bet rivers? Okay, and can I when you say, um operators I've been asking for this just a clarification When are you talking about massachusetts licensees or? Yes, when they when they say, uh, that several operators have expressed interest that the operators We use i like to use licensee, but the regulation also uses operators. So I'll try to could you could you elaborate on that and then i didn't mean to interrupt But we're going to be hearing this a lot. So I just want to have pause Um, who has a massachusetts operators would ask for this? So when when This was a general question whenever I say the petitioner said that the opera several operators or licensees They are saying that I have not received any request From any operators to offer any of these events at this time Formally when when when I when I wrote the memos. I was writing it for us integrity or This case magic, uh, city Highly is the one that it's expressed that many have that's why they said they backed out of the bet rivers exclusivity because they want to go um for a lot of Sportsway during operators throughout the country So if i'm correct, this was exclusive of this other company before and nobody else could offer Correct when people tried they they could not do it because bet rivers had an exclusivity deal which they backed out of So we've had the chance to to review them the memo. I didn't mean to interrupt you But I know we have six of these so I thought that um, that was an important distinguishing point So far with respect to what astral has offered are there any other questions? I think I have a I guess I do have a question. It's a loaded question, but During our training over the past year. The sport has come before us many times as one that has integrity issues And if you read, you know, some of the history over the last 20 years if not 30 years um, it's a sport that is Really, um I don't know how to say it. It's just not happening as much as it did back in the 70s and the 80s Due to some issues from what I read So I I questioned the integrity of this sport Um at this point because in all the training that we received This particular sport was highlighted To us I think maybe commissioner maynard or commissioner skinner want to add in I think commissioner skinner Were you first or commissioner maynard? I can go first. I don't I don't know who was but It's okay. I can go first. Oh go ahead. No, go ahead. Commissioner skinner. Okay. Um, so, you know commissioner hill touched on a little of my concerns a couple other questions that I had was um you know stir all you referenced the earlier issue with the exclusivity deal with vet rivers that they've since backed off from um I'm not sure exactly what that means, but I guess it means that other jurisdictions can now offer this event um, do we have um since since um, this event has been made available to to to other operators Do we have have we had any of our licenses? Offer this event in any other jurisdiction Um, I don't know of what licensees offer in which ones this request once again came from us integrity and they were asked um to provide information in regards to that We I don't believe we have anyone from magic city highlight on the call. Um, there were several Here in the beginning that us integrity Asked to be here um But as for that exclusivity what that meant is that vet rivers was the only sports wagering operator who could use in Except wagers on magic city highlight Only so vet rivers was the only one draft kings kind of fandom kind of even if they wanted to They they were the only ones that were providing um If I may ask scott Are you from magic city highlight or presenting uh for magic city highlight? You're you're muted if you're saying something I was doing a fact check excuse me Uh If you are asking sterile, I was just checking on something No, we we had somebody uh scott savon. Who is that? Thank you You're buddy. He's muted so um I believe he is from magic city highlight try star six, but honestly, I uh I'm not really this um was unexpected to have uh Mr. Savin way in today. Um my apologies uh Certainly mr. Savin you can you can weigh in um I I was fact checking one point Bruce And I asked karen to check into this my memory is and and I did think of this over the weekend And I just didn't go back in time But I think this sport came up to us the first round when the operators were asking for it and we decided against it I think we're all nodding ahead. Yeah, and I was going to My further questions. I think that the recommendation from Both sterile and Bruce was that we not um Accept this event into the massachusetts catalog and so my general question and I'll turn it back over to you Madam chair to proceed as you see fit, but my other question is what's changed since then I think that's a fair question. Commissioner skinner. Uh, you know this came to us and uh, I do appreciate that Our regulation currently allows anyone to petition But um, this is where This is just a It begs these questions and so commissioner skinner's question is exactly the right one So so so to to answer the why this is in front of us as it was put in front of us and when Our regulation is written. So even if you deny magic city highlight today Again, let's say two or three months down the road draft kings can come and ask to add this To the wagering catalog I believe when This first came up in our first round of the catalog The questions revolved around how this was offered Via sports wagering as opposed to paramutually as the event has always been performed in the past So with those reservations between that and the reservation of um Being someone new We we left it off due to it's um It was also in an exclusivity deal at that time, but I believe it was just getting out of it I do not know if it was allowed to wage um to be um Allowed to be wagered on in other jurisdictions, but between those two questions. We just left it off Or recommended against it. I should say I'm sorry Commissioners um before I turn I want to be um on our mr. Savins time uh, commissioner hill question I would prefer to hear from mr. Savin and then I have a comment tonight. Thank you Mr. Savin, thank you I think uh, you're no longer mr. Savin. Can you hear me? Okay? I think he's frozen. I think he's frozen a good way up there. Let's see if he comes back Hi, mr. Savin. Are you able to hear us? All right, um, let me see if I can stop his video. Maybe that'll kind of jar him loose a little bit Okay, thank you That's quite a feat if they can do that. Yeah Can you hear us Scott? Okay. I think that um No, I appreciate that he arrived I didn't know that we would have any of the outside guests today, which is part of kind of our process So, um, I appreciate that he showed but we're having trouble hearing from him commissioner hill My comment was that I'm not ready to see this move forward Okay, um Unless I hear from another commissioner, uh, we did have a split vote on the last one That's there anyone who wishes to move on this Okay, let's go on to the next one then. Thank you Okay, so the next petition comes from again us integrity and they have provided a request for the usp Mga to be added as a sporting event to the event catalog A summary of a petition is below following the petition submitted by us integrity and appendix a so miniature golf also known as mini golf or A variety of names is an offshoot of the sport of golf focusing solely on the putting aspect of the parent game The aim of the game is to score the lowest number of points And it is played on a course consistent of a series of holes Usually nine similarly to those of the parent, but of course are characterized in its short length The petition has petitioner has attested that us pro mini golf association is the governing body of the event And that the wpl the world putting league is the league associated with this request They have been informed of this petition who is going in front of the massachusetts gaming commission Us integrity was asked of any current operators in the commonwealth that would be interested in offering this bet In us integrity stated that draft kings Currently takes wagers and other markets and that better will also be offering wagers for the next event There is no players association for this league Detailed integrity and scoring policies are given In the petitioners request They have provided their integrity controls the anti gambling policy and that us integrity will be writing the monitoring in the book And both wagering and event activity During the review of this petition the sports wagering division found the petitioner answered and met the requirements of 247.03 There are no concerns with this request at present time If approved, this would be a new event added to the event catalog Questions for sterl commissioner meaner sterl This this is relatively mature Um sport right 1997. They've been having events since correct correct That's all i have I have a oh, sorry. I was sorry. I was assuming that you were going to move commissioner house. So my eyes my eyes miss Sorry commissioner skinner whoever was first. It was might have been on me This happened commissioner skinner for sure. Thank you so much My eyes my apology. No worries. Thank you I probably should have asked this when when we Put the first event to to vote sterl I I I understand that our regulations Permit any person to submit a petition to add an event to Wagering catalog But is there do you have any insight you could provide as to why us integrity is doing this in particular? What's the rationale or justification for that if you know? I believe that us integrity is a paid Company and they're paid for their services. And so they I guess with their They're stating that they view all wagers and and their integrity This might also be another service that they provide these leagues Okay, that was the that was the question I had commissioner skinner is there does seem to be a self propagation in some of these requests Which is why my concern that our licensees are not coming forward at the same time is is an issue I have procedurally across the board on these today Nothing to do with nothing to do with you know commissioner radio's point that this has been around for a long time This particular group. I'm not saying anything on that Yeah, if I could just elaborate on my feeling is that um When I don't have affirmative action from one of our licensees I wonder if outside jurisdictions are coping that massachusetts wage averse that their money on events that You know our licensees aren't that interested in and so I'm thinking That I I guess I'd like to know that our licensees are really invested in the events first But but our regulation is is very Open-ended right now And I that was one of the things I don't think I appreciated that consequence when Yes, I imagine it would only be stakeholders in massachusetts who become board So i'm learning to commissioner skinner Maybe i'm wrong and maybe you know the answer is is it because that they want Businesses drill said Perhaps what we don't really know But that that is I I'm wondering what What's the motivation as well because um, I just want to make sure we're we're doing what's in the best interest for commonwealth laborers Yeah, madam chair that being said I mean, you know, I I feel like i'm kind of forced to to you know vote A certain way to assume it you know given that in less and less there is um a red flag And you know as long as the petition meets the requirements of our regulations i'm sort of hard pressed Not to vote Yay, and so I guess my question is you know, is it is it fair to Hold off on these until we get some additional information and feedback from our operators Perhaps I could turn to council grossman because I I fully appreciate that. Um, is there uh Do we have our ability to exercise discretion on these at all? Uh, so or should we get more information? Council Well as as a general matter you always have broad discretion. I don't think you're necessarily forced to take action Today, although commissioner skinner raises a good question. You know, we probably Would need a basis. I don't have to look at the regulations specifically a basis to deny the request There's certainly no harm in postponing the decision if there's a discomfort Or an uncertainty surrounding The particulars. Um, so that would certainly be A viable Avenue here. I can I'd have to look up the regulation to see exactly what it says about That's right because as I understand what how we're interpreting the regulation anyone who comes forward Um That is true. I mean that part I can confirm anyone is allowed to make that request What when can we make when can we deny them? Look on what basis can we deny them? If they're Yeah, I love to look that up I have the reg right now. Um There's several sections afterwards Yeah, we'll let we'll let Todd do this sterl. Let's let our general counsel navigate this But because commissioner skinner's raised a good point um I mean subsection eight specifically says that we have the in its sole discretion You know, we can six allows us to put any sort of time periods, etc on it if we want to do experimental You know seven and eight talks about technology eight commission may grant an i-limit restrictor condition and request Made pursuant to this rule may revoke submit or modify any approval granted under this rule There are no qualifiers on that subsection And so while I appreciate that the reg has written allows anyone to petition. I see absolutely No force that says that we have to vote Yeah, I mean, I have a problem procedurally with how it's written What's presented in front of us right now because we don't have our Whether you you know call them operators or licensees and I have concerns about again propagating certain Bedding industries, etc that our licensees have not come forward even indirectly specifically as to the commonwealth of massachusetts asking for these I don't see any reason why we can as a body say that we don't think that that's appropriate So I commissioner skinner if you wanted my feedback on that that's that's what it is in a quick reading of the reg I don't see anything that qualifies The specific authority in subsection eight under uh point three that says that we can do anything in response to these petitions Thank you. That's helpful. Did you say subsection eight? I have been right. Yeah, it's point. Oh three sub eight Odd I I don't know if you want to if you have it right now in front of you, but I I think that's I think that there's room in that reg that's my reading Yeah, I think that's right. I think there's a great deal of discretion built in here Ultimately the integrity of of these wagers is paramount and if the commission's not there Um, then I think there's plenty of room to deny any such request or to leave it open until such information can be provided If you're so inclined, but yeah, I I don't I think that's absolutely right but I completely agree with the commissioner brian just said and um, I think that you you were never forced To approve a request that you were uncomfortable with that. That's not what this says at all And so these before you today may fall into that category There's just a little bit of uncertainty in the mix that Might render these a little bit premature. Let's say And and Todd, thank you for that because uh commissioners and I did vote name on the first one So I wanted to make sure we hadn't um somehow exercise The two of us I said the two of us voted nay So it was important for me to make sure that I had followed our practice Which I did thought I think I thought it provided that discretion One and three are a little bit different and from my perspective sterile one Had no operators even indirectly from massachusetts. It's no legacy Indicating An interest Three it's my understanding that at least one license. Well I guess two have indirectly suggested they might be interested in this but none No current licensee came forward on its own only through us and tenements that all fair Correct Mr. Senator I'm I'm glad you asked that question because it's really important for all of us to understand the Madam chair, I I think I'm I agree totally with commissioner O'Brien's interpretation of the law here. Um What I will say is this is that um, you know on the ones that I'm comfortable with personally, um You know getting to the substance of it Um, I'm okay with putting it on the catalog to to the points made here If no operator wants to pick it up Don't pick it up, right and and don't don't make it as an offering. Um But um, I I totally agree with you know, the the facts as they are Um, I just look at it as in we've had a request Under the current regulation um Does the regulation give some heartburn maybe but and and I'm going to respond to each each substance of the request So that's kind of how I'm looking at it, right? Don't disagree with the facts at all just Kind of how I'm going to maneuver going forward And if there's something like highlight where we heard over and over again The first time it came up that there were integrity issues I'm not going to move forward on those and if I think the governor governing body is is legitimate and I'm going to treat it treat it as such. So that's where I'm coming from commissioners together My my corner of this Thank you for that commissioner Maynard. I just Just to to respond You know the uncertainty excuse me the uncertainty certainly gives me heartburn as as you referenced and you know, I do want to Respect the level of discomfort in my fellow commissioners Chair and commissioner o'brien And I regret not initiating this discussion prior to Taking the first vote on Today's agenda for these So I feel like I kind of have I have tied my hands a little bit So, you know, I'm okay with Moving forward, I guess on these but I also Would be okay in deferring these into a into a later discussion Just to allow sorry can just just to allow the chair and commissioner o'brien to Feel more comfortable moving forward on these at least where a vote is concerned Castle Grossman, I just want to make sure commissioner Skinner is comfortable Uh under the rules we could go back to the original vote. I don't want anyone to feel Boxed in here, right? Yeah, of course if we could always revisit that vote And I would also just point out and I think of course everyone is aware The actual there's a draft petition form in the packet for review And it seems like that might be a good place to start by looking at the form and making sure that all of the petitions that come in have the information With it that will Put the commission in a good position to make These judgments as to what should be included in the catalog and not what information specifically Consistent with the regulations. Are you going to need and I believe there are questions on the petition relative to Whether the operators are inclined to offer these markets or not And a lot if I couldn't I think the problem is word operators is being used And I think our license our regulation may not be clear Are we talking about operators in massachusetts or are we talking about operators across the country? That are not necessarily licensed in massachusetts. So I wonder if our If we look at the form Is it premature should we be looking at our red first? You know now that we're sort of unveiling these issues. I'm not sure where we'll come out You know, because I think there's a broad spectrum of questions and And sensibilities and I'm not sure where I'll come out quite frankly, but I wonder if If that's an an issue for us when when we're hearing the word operator Yeah, I think I think you're absolutely right. I think the conversation is probably the important part Whether it's in the context of looking at the regulation or the form and just making sure now that The commission has settled in A little bit more and it's certainly more familiar with what these requests are going to look like That we're receiving all the information necessary to make the decision So I think if if the commission is Inclined to start looking at the petition we could start there and if we need to then bring the regulation forward To make adjustments that we can do that. It may be that the regulation is okay And it's it's really just the way the information is coming in that is problematic And it may be that you you're okay with the idea that it doesn't have to be a massachusetts operator Submitting the petition as long as you know that The an operator is standing behind the request in in some way shape or form So these are all just open issues at the moment and I think you could attack it from either direction Commissioners we wrote this over earlier we have Had a couple votes Or we've taken action. I should say on two How would you like to proceed? I am happy to take your cues on this the next item that Help the Grossman's alluding to is five B We have a good deal of work ahead of us Just want to be cognizant of time May I make a comment? Sure This is for commissioner skinner first She brought up an issue when it was touched upon by legal counsel and Karen If as one member who voted in favor Of the nrx you could make a motion to reconsider that vote And then we could go back and if you are uncomfortable you could then If we could get a second you could then vote no if that's what you so so choose to do I believe that's the process Councillor grossman correct me if i'm wrong. Absolutely right and On that note, I just wanted commissioner skinner to understand what she could do if she so chose to do In my opinion moving forward right now there was a request Under our guidelines put before us Under our current rags I have no problem moving forward with them voting on them or not. We may choose not to Make a motion to consider them I don't think we need to table this Today these six requests But certainly we need to have a discussion moving forward how we're going to address this But these are before us today. They were brought before us Under our current rags and I have no issue moving forward with them Dealing with them today now And actually, you know, I'm not gonna I want to hear what sterl has to say about the Considerations before us, but I'm not comfortable with a couple of them. So I think we only have a vote or two more to make Just just Just to be clear when when I'm presenting these events I'm doing so in the capacity of the sports wagering division. I have no opinion on any of these events understood Okay Madam chair I support commissioner hills position the way I look at this Right now as I sit is I would make a decision or Or not make a decision on these Put them to rest and if regulations change and they come back in a different manner And and submit under a different form. That's what they do And you know, I'm thinking about something else we're working on Where I'm not happy about the way the regulation is but I have to take the matter as the regulation is and And I regulation is the regulation just so you know, I was clarified in terms of the discretion I think we all agree that right now the petition can be anyone And the u.s. Integrity is the is the petitioner in this case So I don't think we're saying necessarily we disagree entirely with the regulation commissioner may not sorry to interrupt you No, I'm just my point is is that they've made the request would roll it over one time I would like to make a decision on it So and I agree so let's look at Richard Skinner There there was an offer in the event and this is not to encourage you or or not There is in the you suggested you were wondering about Your vote the first time around there could be a request for a motion for reconsideration should you so wish And I offer that to you now If there's been clarification It's useful to you And otherwise, I think we have number three in front of us At this time commissioner Skinner How do you feel I'm okay to proceed Just I'm you know, I'm more in the camp of Commissioners Hill and Maynard You know when I took the vote on the first when we took the vote on the first event I was comfortable, you know, notwithstanding Your concerns chair and your concerns commissioner, Brian I was comfortable In knowing that draft kings does Offer the event in another jurisdiction straps kings being one of our operators. And so, you know, I think that Based on the regulations that we have before us that are currently in effect. I I'm comfortable moving forward and you know, if I have Concerned outside of what's written in the regulations just in terms of the event itself Then I'll voice those at the right time I'll just one observation It did trouble me that a petitioner came forward without my eye When you know, we as a group had turned it down So we do from my perspective I I feel a need to be vigilant about what's good for massachusetts and You know, I'm looking for our licensees for a lot of guidance and we had great guidance from the three casinos on establishing the catalog and so This is kind of messaging to them commissioner Skinner that I I am hopeful for continued guidance from Our licensees to make sure we have the catalog that serves the interest best So, um, commissioner brian, you have your microphone off. No, I did. I wanted to reiterate that because to me Who I was disturbed when when draft king came forward and had not talked to You know the the bsa I am equally disturbed by the fact that us integrity came forward and didn't solicit our licensees and operators in as to this jurisdiction And so to your point, I'm worried about what's in the catalog and what's best for the consumers and the licensees In this commonwealth and so I'm not Going to be necessarily swayed or overly impressed that someone offers it somewhere else And so I was troubled by the fact that Even between when we had to bump it and now They hadn't done that and so I find that disappointing On on their part and I have some substantive issues with some of the others on this list as commissioner hill said But as a procedural matter and my role as commissioner for the commonwealth, I had issues with that But I'm comfortable moving forward today in terms of adjudicating votes on these Okay, well, and thank you for that. You know, we're we're all kind of Clarifying our positions as we go along here and I think that's Okay Just one may have one additional question When we and this is directed to sterl and bruce when the commission voted on The events catalog initially That was as a result of The operators putting forward those requests for events the cat one operators Yes, okay. And so presumably that is because or each event that is already authorized That was authorized initially I presume the requests Came from the category one operators because they intended to offer those events for wavering correct director wells, could you explain that process just a bit for Just a reminder stir. I didn't mean to interrupt but I'm just What we did because we knew we were going to have a larger launch of sports ray during the mass in massachusetts and we were doing these Retail operators first we had them submit All the things that they were asking for compiled that cross-reference those to come up with the original Categlog the sports ray during division particularly sterl went through to see if there are any of concern that recommend That we not do and then the commission voted on that full package Then the reg is here so that other operators including the mobile operators could add to that list If they wanted to so the I think the the core issue i'm seeing is this conversation develops is the question of Should it just be the operators that that request things or do you want the reg to remain as it is Where anyone could request it even if an operator isn't going to Expand that now the the team could go back and draft a memo We could put on a further agenda if if the commission would like a policy discussion on that and whether you should do that But this that's how we got to the posture. We are right now We had a catalog that was the methodology to get that initial catalog And then we do have sort of an open-ended process right now that we're following If there's a petition to add it we can always change that so You know, this is new and we're just this is helpful to the staff to have this discussion So we can figure out what's the best way to present this to the commission going forward And so with that I I'm going to change my earlier position On this I I would like to revisit the vote that that we took earlier and I I'm happy to propose a motion. I I'm Full of the reminder from Commissioner O'Brien that you know, there was a lot of Concern about the earlier request to have wagering on the Boston marathon Put to a vote without having the input of the baa and I think You know, I there are similar concerns here I I just want to make sure that that that we are Fully considering the consequences of our earlier decisions relative to this particular regulation Where we you know permitted Any person to bring these requests forward we've we've sort of fine-tuned Our processes in other areas And I I see this as another, you know, just an opportunity to do that here. So I would like to Move that And and Todd you'll have to help me a little bit, but I would I would like to move that the commission reconsider its vote to approve US integrity's petition to add nrx To the event catalog I have a second out of courtesy to my colleague. I will second that Thank you commissioner So procedural question madam chair is is the motion to reconsider then? Essentially a motion to vote no so an aye vote would essentially mean no to the request to add it to the catalog Or is there going to be a separate? We need to have it read read because Is And then We have to vote to reconsider first and then we vote and then a proposal is potentially made to say vote no Got it. So just to reconsider All right, and we have a second and commissioner hill across us. Thank you Commissioner bryan I commissioner hill I'm voting to reconsider alone I commissioner skinner I Mr. Maynard I And I built Yes, so five zero Now we're going back to the earlier vote. That was a three in favor of including Of this particular event I want to nrx In the catalog it was three in favor to opposed Now there's been a request to reconsider that vote. Do I have a motion? I I move Madam chair that the commission amend the official catalog of events and wages to include Nitro rally cross nrx is included in the commissioner's packet and discussed here today I have a second second All right, any further questions or comments on this? request Yes Yeah, when I moved to reconsider. I wasn't necessarily Suggesting that another vote be taken I guess I was more Hoping to advocate To have this matter put off all together I hope I'll go ahead out of I'll go ahead We do have a motion in front of us There had been some discussion around that and we were moving forward That isn't the motion in front of us to defer this matter Okay I do I did you did bring up the idea of revisiting the regulation and I know that is on for the agenda setting purposes We will revisit the regulation whether we'll change it or not is up to us But that is for future consideration. I have a motion right now um in for reconsideration No on the vote to on the vote right a second a bit If the the vote would have stood commissioner skinner, um without If you're saying that the motion for reconsideration was to somehow Stall the vote or not or what's the word wait the vote for that Right that vote and then maybe she was going to move Um to hold the vote. I think miss maybe what commissioner skinner was contemplating perhaps and I'm sorry to make this So messy But I understand that there's a motion Before us and that has been seconded so we can move forward With the full vote okay commissioner varian nay commissioner hill hi mr. Skinner abstain commissioner maynor all right And I don't know um Todd with uh to to abstain As the uh motion stand The vote does not carry So it's effectively denied for the time being Um, I would just add I if the if if I have this right This is essentially without prejudice. So someone could in theory bring this issue back with further information Uh that may satisfy the commission that it's right for inclusion in the catalog, but it doesn't carry right now right Does not carry. So right now um one and two Are not to be included in the event now. We have before us item number three which is um the um us from many trickle up associations Event us integrity is the petitioner Madam chair We've heard from sterl on it. Commissioner. How do you have a motion? I do I would move that the commission amend the official catalog of events and wages to include the us pro minigolf association As included in the commissioners packet and discussed here today second Okay, any questions or edits on this? Okay commissioner variant day for the same procedural reasons I discussed earlier Uh, uh commissioner hill I Mr. Skinner Epstein And commissioner may And I vote on may so again the motion fails all right um I'm going to go forward Perhaps we should ask the practical question Should we go forward if I can answer that madam chair? um You have three more requests. Um, I'm trying to be blunt. There's only one more that I'd rather see move forward And that is the street lead skateboarding sls the other two I think I need a lot more discussion about and a lot more Education about Okay, can I point out that with respect to number six? I believe mr. Carpenter would note that that is a Judged by a panel correct I don't know if that is a interest to you. Let's take it one at a time On item number four before sterl goes through his analysis. We've all had a chance to read the memoranda in the packet Do we have particular questions for sterl and in order for us to take action? We just hear for the record exactly what number four is for today's meeting Power slap. Is that right? The power slap is number four Questions for sterl on power slap. I must say sterl. I had to google it Yep Yeah, I Yeah The interesting thing is that there was all kinds of information on it on the google so um power slap If there are no particular questions with respect to governance, etc Would there be a motion to include that in the catalog? Madam chair I would actually move that the commission not amend the official catalog of events and wages to include power slap Is included in the commissioners packet and discussed here today second You want to add any color as to why um in particular you would say no I found the whole power slap thing to be quite disturbing And I just could not see myself supporting betting on such a an event It's as clear and cut dry as that Can I add just a and confirm sterl? Does this um particular event also have no set governing body at this time? Uh, it's power slap is um licensed by this the the navada state athletic commission But that's not a governing body, right? That's a license. That's that's who oversees all the events I mean the I'm sorry. They they're the one that license it. So, um US integrity attests that power slap has no governing body, but the league's power slap is licensed by the state in navada athletic commission They have no players association Their matches are determined by the navada state athletic commission. They have no they also Uh, place their integrity and gaming policies in their petition Okay, so there's um, uh motion on the floor Any further questions or of sterl? Oh, sorry, I have no further questions, but I just I stand where commissioner hill does on this one And the next one that at a time when we're learning about head injury and impact etc That that numbers four and five would even be on this list is appalling to me Commissioner maynard I I joined my fellow commissioners and I would say that I see no benefit to the commonwealth Um, that could be that could outweigh any of the the risks and the harms and so I for those reasons Absolutely, no Commissioner skinner you want to weigh in? I just to say that I am aligned with each of the my fellow commissioners on this Okay From we right now. We are looking only at power slap and not slap fight. Um So just want to remind that's what the motion is on on the floor but commissioner o'brien I commissioner hill I Mr. Skinner. Hi, mr. Maynard. Hi, I vote. Yes five zero Okay, moving on to slap fight um, if there are just There is in this case in your notes sterl an indication that Sports slot USA is the governing body and that us integrity remains petitioner with some interest from trackings and better In your notations, but they did not directly ask correct sterl correct Okay, is there a motion on or here Is there one that opposes? Including it or or affirmative to include Adam chair I would move that the commission not amend the official catalog of events and wages to include slap fight championship has included the commissioners pack and discussed here today Second Okay, any further questions or comments on this item All right, commissioner o'brien. Hi commissioner hill. Hi Skinner. Hi commissioner Maynard. Hi And I vote yes five zero Moving on to item number six sterl. This is us street league skateboarding Thank you As us integrity is the practitioner correct Who's the governing body in that case? um, so Street league skateboarding is an international skateboarding tournament the governing body of the event is street league skateboarding sls The petitioner has stated is aware of this request um, if asked When asked to offer in massachusetts us integrity said that draft kings has Have indicated that we will offer that they want to offer lines on this event Given the first event where the sports wadering offer and on sls We expect more operators to come to the table. That is what they said they also this was the event in which they said Was being introduced in chicago on the event on the april 29th during that time, uh, I reached out recently to draft kings And confirmed that on april 29th colorado, connecticut, tennessee and wyome and confirmed By draft kings did offer these events That draft kings did offer these events for wadring um It was the sports wadring division that wanted to point out that the winners of these events are determined by a panel of three judges Uh currently the language in our catalog is that it prohibits the type of event in section 12 and Although not stated for skateboarding since it is a new event Um in which the final outcome of an event is primarily based on the evaluation or assessment of a judge Or panel of judges is not allowed is language that is currently in our sports wadering catalog I also Wanted to note I tried to say as best I could in this packet that if you I noticed madam chair Stated during that meeting a while back For anyone to come forward if they had any information or um I just I don't know the wording but if anyone who was able to Or for any opinions or alleviate any concerns People might have of panel judging like in the olympics in um What not or Summer events that they could bring them to uh our attention Have we heard from anyone? We have we have not heard from anyone at this time. I did have I did come across one article about the um What happened with the Skaters and then how the olympics has moved forward from that but no specifics I think we did when we went through the catalog we did indicate we probably should revisit that at the right time so Just a note um That we can think about revisiting With with more information can I show Brian? I I'm probably the one that was the most troubled by the whole concept of subjective judging being involved on something That you could bet on I feel like the risk Of it being affected or inside knowledge is too great So that's I have a procedural issue with it. And then I also just have that fundamental issue The house how it's how it's judged And we could explore to find out other mitigating measures to to address those concerns, but we haven't really We haven't taken a deep dive into how You know judging with panels really done reserves integrity With the concerns that commissioner brian just raised How you balance it? Um, yes sterile go right ahead. I'm sorry. No Yeah, just to that point what uh that article Stated I believe that the olympics have moved to a panel of five judges where the highs and the lows are thrown out You know trying to mitigate the You know manipulation prospect exactly Yeah, so they might be taking measures that way. Can we um that I would like to ask if we could Take that discussion and and take a deep dive in it when we have How are we prepared for that everybody agree? Okay So now I do have a motion if you'd like Yes, I would move move that the commission not amend the uh official catalog of events and wages to include street league skateboarding sls as included in the commissioner's packet and discussed here today Do I have a second? Okay Any or the questions or edits or discussion Yes I would just note that I remember I very lengthy and detailed conversation about judging events that include judging um because of that I'm going to respect our decision that day and and I'm going to To vote no, but I am open to opening my mind a different way in the future depending on how the conversation goes And and thank you. I think I I would echo that when um, I I vote today as I said I I need to learn more about The risks on those kinds of panel judges Uh, and I think it probably begs the question that we should turn to it sort of the right But we'll need some good work done All right, um anything else and thank you commissioner maynard Help frame my thoughts. So thank you All right Misha bryan I Misha hill Hi, mr. Skinner. Hi Commissioner maynard. Hi And I vote yes So we go through all six Excellent work your your memo and it did outline really the The thinking of the petition The form of the petition and it it was really helpful Uh, it included, you know answering all so many questions raised a few I am wondering uh commissioners given what we have to accomplish today If it makes sense for us to bring the petition form and the regulation together Um for consideration because I think what we would say right now the form Does echo the regulation as it should That that's why it was coming forward But that there's been at least a question to revisit the reg whether or not we'll change it It's up for grabs and then work with the form. How's that sound? That's good Okay Bruce sterl and Karen does that sound all right with you? Okay, it sounds we have agenda setting wednesday so we can set up a time frame or you can get do whatever you need Excellent. Thank you so much Commissioner Skinner are you all set with that? Yes Okay, excellent So now we'll turn to five see And that is um, I think we have crystal bosha man joining us There she is and uh, we'll start with director van Yes That's gonna say I am here, but I think it's first. Yeah, it's it's me. She just did the memo like I was off on friday Yeah, this has to do with uh, 24301 Correct, this is uh See that we're on correct Yep uh This has to do with uh the 90 day a requirement that uh The this has to do mostly with cap one for this 90 day, which was made first with the security controls and essentially the 24301 section x and appendix b talks about The technical security controls and actually for that section. I will Have christian go into that a little bit Uh christian Thank you bruce Good afternoon So um as Bruce had described. Um, there was a tech regulation regulation 243.01 section x That uh count one operators needed to meet within 90 days Um, actually um, Todd can help me describe the reg a little bit here Sure, um So you'll you'll recall this in 243. So it amends a gli 33 and adds in a I want to make I did unmute myself. Yes. Okay. So um, it adds in a new requirement That this 90 day audit be performed and in order To have that performed a an operator would have to retain What the regulation describes as a qualified independent technical expert The expert may be selected by the operator, but it's subject to the approval of the commission and in order to be Deemed a qualified technical expert The regulation says that the entity has to meet these minimum qualifications Which we'll put on our website and the commission as you may recall within section 243.01 outlined A series of prerequisites in order to be deemed a qualified technical expert and those are In paragraph two here. So it's an x uh two if I have that right And it says to qualify as an independent technical expert the independent technical expert shall A have relevant education background or in other ways provide relevant qualifications in assessing event wagering systems B obtain and maintain certifications sufficient to demonstrate proficiency and expertise as a network penetration tester by recognized certification boards either nationally or internationally C have at least five years experience performing technical security control audits on event wagering systems And d is anything else the commission wants to add to the list essentially so As christian can describe in further detail because he was the one leading the The charge here, but we have received information from two entities that are Desirous of being deemed independent technical experts We have been working together as a team internally to determine whether they meet Those standards. We are still in the process of gathering that information Some of the information Was unclear And so it hasn't been completed yet And is not ready for your review here today the issue with that is that the regulations as Has been mentioned require that this audit be performed within 90 days The commencement of operations essentially and that name 90 day mark has come up for the category one operators the regulation then says that A report has to be completed and submitted to the commission no later than 30 days after the assessment has completed so that's essentially 120 days from No more than 120 days from the commencement of operations So I don't believe we've hit that date yet, but it doesn't it's unclear whether we'll be able to hit that date So we wanted to bring these issues to the commission's attention So that you are aware of those timing issues It may be a situation where a waiver of some kind or a variance would be required to ensure technical compliance We don't believe there is any inherent risk To the integrity or vulnerability of any of these operations That is at stake here Though this is an important piece of the regulatory review So it's still being stood up in many ways And that that's where we are right now with this. I think as perhaps christian and others may agree Within Another week or two we'll probably have more clarity as to where this all stands and can probably Return this issue to a meeting agenda so that we can try to resolve this audit requirement We we have been asked for an extension from two of the licensees, which was MGM and on court Just because they needed some clarity as well as a Group to actually do their their audit Chris, what about ppc? Are they all set ppcs all all set? Yes I'm going to turn to crystal crystal. You put the memo together Got some thoughts on this I did um, I did a little bit of research with licensing and christian for that, but I think um My intent with the memo was really just to break down the rag and exactly how Christian Todd Bruce everybody's going through the process of reviewing Each component of the reg as it comes in and just clarifying the status of work Yeah Kara, can you bring us up to date where where the registration is on these? Of course, so, uh, both effort both Entities have submitted a sports way during registration application and they are currently under review But they you know are so they will likely be complete shortly Okay, thank you Of course questions commissioners Chris you're skinning I have just one um, did did the um Request for an extension come in Timely yes Okay So Kara, could you just walk us through our crystal or christian? Um the The deadline versus what the 30 day gets them The deadline is may 1st initially for the the first 90 days and the 30 days would be I believe june 1st somewhere right in there for the Little late giving them the extension Pardon me. We're a little late giving the extension then right? Yes And I'm okay with that as long as the request came you know was timely and that's already been answered so And and people see not need the extension No, ppc does does not it was just clarification of the Registrant of the the people that did their their audit So they're all they met everything ppc is All set well except with one important exception that the entity they use to do the testing has not been deemed a qualified independent technical expert So they have had an audit performed by an entity that has Proposed to become a qualified independent technical expert should we give them a some kind of a waiver? On that Todd because isn't that part of the equation? I was just going to add in there that I the Part of the regulation that gives them the 30 days to do the report is after the assessment component Which is after they've been deemed the technical expert. So they would have 30 days from that I Which is why we estimated that june 1st because Once Kara's confirmed that they're set to go they would have the 30 days, but it like Todd said it's already in What is that process until I know Kara just spoke about the application submissions, but what exactly Is required to deem? an independent technical expert qualified christian and kevin are going over their qualifications and their certifications as to what credentials they have to That mash against our regulations to make sure that these Entities are qualified to do this audit So to be clear and maybe we should back up a half a step and apologize if this wasn't clear There's there's two components here There's the licensing side of it In which a determination was made at the staff level that these entities were required to become registered as Vendors essentially But as as you know when entities become registered as vendors, we don't look at their qualifications. It's more of a suitability Identification type review There's no competency review However, the regulations When they come to sports wagering talk about the competency Of these entities in order to perform this work. So that's not something the licensing division typically looks at and that's why Christian and kevin govro have been asked to take a look at the competency Side of it and those are the three prerequisites I just mentioned earlier that christian and his group have been looking at so that's separate from what karah is doing Although we've all collaborated on this review I have a couple follow-up questions. I'm sorry. I just kind of understand the process and so In the case of ppc Day of their review is complete but It still has to To do their their review to ensure that The experts are qualified That's correct, but it's my understanding that was a decision made by the staff To do some kind of a qualification process. Is that right? No, that's in the regulation it requires Yes, it's all in what was it that was determined by at the staff level that you said The idea that these entities also had to get registered As vendors That's not discussed in 243. That's in a separate section Just it seemed to all of us that it was important So I should also add in case this point isn't clear These are not the independent test labs. We're not talking about gli and bmm or those folks This is these are totally separate entities Although there is a relationship between one of them and gli, but So for that reason, we don't even know who they are And so it was important. We thought that they be identified and registered As opposed to us just looking at their qualifications and that's why The registration piece came into play So it's the registration piece that the staff made a decision on Well, it does fall under the regulations, you know, we didn't of course just make it up But you know, it's there is a process that we followed on that Now providing goods and services to the The operator and the licensees just like any other vendor. So they fall into the vendor category. So it all made sense together And and so Commissioner Skinner, you have more follow-up. Yeah, so so with respect so back to the request at hand with respect to mgm and ebh They have not submitted their required documents And once they do that with the new deadline or by the new deadline of june 1st or their vows Their vendors would also need to be qualified or reviewed for their qualification by it Okay, that's my that was my question. So It appears as though ebh is going to use the same vendor that ppc is using For what that's worth and in mgm's defense, they they did I I think and people can correct me if I have this wrong that their audit hasn't been performed because there was some Uncertainty as to whether the entity they wanted to use would be allowed to do it Um, so that's why they haven't done And this would apply to all of our sports Um Our online sports waging offer. Are we clear with them what our expectations are in the timing? Is that does that help because we did Bruce and team and I think christian had sent a notice out to these the Retail operators in advance warning them of the deadline. I think that it makes sense to reiterate that with the Licenses for category three from sports wage area from christian to make sure that they know that the onus is on them to get this done I guess when i'm struggling with a commissioner scanner, you would be more familiar given your former position than I their choice of the auditor um They Are I guess maybe carrot two you can help me they um They wouldn't know if they're Would they do we have a list of who would be? Properly registered for this so that we get them off to the right starter Yes, and so that's actually in part why we wanted to have them registered as well so that they could also be included on the Sports wage during registration list, which is of course public and posted on our website And we would also of course let our operators know as well So if they were to choose somebody outside, they would know exactly what the process is In terms of both registration with licensing as well as the qualification As well as the qualification All right, thanks Yeah, I would I would help out our online. That's makes sense because the 90 days isn't very long the scheme of things Okay Richard Skinner Did I take away your time? I'm sorry. Oh, no, it's okay. So so today's purposes the commission is Going to approve or not approve the request for an extension and then We won't hear about it. So assuming The requests are the requests are approved It question you folks do your technical qualification review That this matter doesn't come before us again. Is that is that accurate? You could report out if the commission would like we can report out and Let everything is squared away. I think that makes sense. Um, just to assure compliance with their yeah Not just respect to the mpm and ebh but with respect to all of the Yeah operators. Okay. Yeah, Bruce. If you make a note of that, we can add it for the agenda setting. Um, just to keep Thank you We just one supplement to that commissioner Skinner. We may need to bring um The Qualifications submitted by one or both of the entities back to the commission to look at if it's unclear Whether they would meet the standards or not Can I follow up with that and with commissioner Skinner's earlier person if we were to approve today? What are the consequences and what are the consequences that? Does an issue on the qualification The consequences would be that the operator would be in violation of this provision of the regulations and subject to disciplinary action and today if we didn't approve this That would be the case as well, correct Right, but they did submit timely the request for extension Todd does the filing of the request for extension in a timely fashion doesn't automatically stay does it No The application to renewal license No, I don't think so. I mean in fairness To everyone this was is new for for us too So it took us a little bit of time to kind of get our c-legs about us and really gain a clear understanding of the whole process So I it it felt like folks were generally timely here That that's just kind of my opinion But it doesn't automatically toll and so right now That's right. That's right Hey, so the request is for two extensions for encore boston harbour and mgm springfield One also with a cat request from our team that we are kept at price on For this matter By the motion Madam chair, I move that the commission grant encore boston harbour and mgm springfield a 30 day extension from the requirement set out in 205 c mr 243.01 1x That operators must have a technical security control audit conducted within 90 days of commencing operations Thank you, mr. Hill Any questions? Mr. Ryan. Hi Mr. Hill. Hi Mr. Skinner. Hi Mr. Maynard. Hi And I vote yes Thank you to our licensees and Working with our team as we figured this out in finally dashing. So thank you Okay, thank you Hello, thank you Great. Thank you christian. It's good to see you. Thank you crystal dill better He said she has a cold, but we didn't notice um, okay So now we're going to move on to responsible research gaming and FY 24 research agenda Good afternoon mark Afternoon madam chair. Good afternoon commissioners Been a long day No, it's not a long day for us. Long day for you Here we are thinking more of you um Anyway, I'm I'm happy bonnie and I are happy to bring to you The fy 24 research agenda For um for vote So, um, as you know, the expanded gaming act enshrines the role of A gaming research agenda in order to understand the social and economic effects of expanded gaming and the common wealth It's an annual research agenda meaning that The beauty of this is that we can build upon Build a body of research to better understand what these social and economic impacts are But also dive deeper into into specific areas of interest With an overall goal of mitigating Understanding the impacts of gambling but also mitigating the negative and unintended consequences of gambling Um the gaming commission um in response Has established a number of research categories following A strategic planning process and I won't go into details of of each of those categories For you that they are listed in the memo that bonnie and I created for you um The sports wagering act also carries forward this Get requirement for a gaming research agenda and specifically since this is a relatively new area For the commission the sports age wagering as states and statutes the sports wagering research agenda Shall include but or but not limited to an assessment of whether sports Problem sports wagering is co-mortgage with problem gambling and assessment as to whether individuals participating in sports wagering are different from those participating in other forms of gambling An assessment of the impact of sports wagering on youth under the age of 25 An assessment of the impacts of sports wagering on college athletes and professional sports and the costs of implementing this chapter So the original strategic plan sports wagering was not captured as a specific category however that Seeing that as a priority commission We've added a specific line of research that is dedicated specifically to understand the sports wagering so we Brought a draft research agenda to the gaming commission before you On march 3. This is a way to kick off this discussion and get some early feedback from you On april 4th We brought this research agenda to the gaming research advisory committee and while this is not a statutory Body, this is a long-standing group that the commission has has posted And we Among other things see advice from them on the annual research agenda And then finally on may 4th. We brought this A draft research agenda to the gaming policy advisory committee and this is a statutorily mandated Advisory committee and as stated in section 71 the gaming commission with the advice of the gaming policy advisory committee shall establish an annual research agenda And so that was actually just last thursday so on friday Bonnie and I pulled together feedback from those three meetings and Are here today With with with what we feel is a solid Annual research agenda that considers the expansion of sports wagering but also holds true To our commitment of understanding the social and economic effects of gaming and the commonwealth more generally Now Meta parent commissioners. I would be happy to walk through each of these deliverables with with you However, they are largely unchanged from the meeting that we had on Back in march. Um, I could also Skip that part and talk to you about the specific feedback that we received during these three meetings I I'm totally open to however you want to proceed I asked if you could start with the feedback please that would be really helpful Yes, certainly. Um, so you'll notice there in the memo that we Have for you. There's a The final page Is the feedback that we received as well as the steps taken and so I will just start from the top. So during the commission meeting on march 30th There was a question about About money and laundering and the context that context of sports wagering and whether that should be something that would be considered Within the annual research agenda Um, I consulted with our IBE to try to get a sense of what their knowledge needs were and determine if there was a research question and the research Stream that that we should proceed on I didn't get the sense that that it was a question or a concern that would be brought To the fy 24 annual research agenda. However We could Continue to work with the IAB Kind of aside from that annual research agenda in order to make sure that they have The information they they need and as it pertains to money laundering commissioners, I think I was perhaps the one that raised um Uh the issue around money laundering and particularly as it may affect Sports wagering including both the teams based on kiosk as well as online I know there's a great deal of research going on at the University of Nevada Las Vegas Becky Harris the former chair of the control board is leading a lot of that research. Um, that's make that's influencing decisions around the world I wonder if we should I and uh, I guess I wonder how we feel as commissioners as to whether we should be looking at this more carefully Richard me I do remember this conversation. Um, and I do think that you brought it up, but I was also very interested in that. Um Was there any mark, you know, we're not subject to these internal conversations Was there, you know, is there a reason is there a public safety reason or some sort of reason why We wouldn't explore this Good question. Um, well, there's no particular reason why we wouldn't I think it was um, if in my consultation with Loretta, um, and It was just that they didn't feel that she didn't feel that there was a specific avenue or a research question that That was worth Investing in research at this point happy to add that happy to add it to the sort of a watch list or provide information Happy to work with you and lb reach out to you and lb and and see what work is being done in this area but So however, you would like to proceed we can we can do that So when I was looking at it, I was thinking there could be You know some information That you would want to keep anonymous, right? And that's part of the reason that was going on but if that's not the case, um I mean I think that you know, we try as commissioners to be You know, we bring stuff up, which you know, there's a reason and so I think that I I'm interested in it I mean, this is the first year we've had sports wagering Um, you know, it could be, you know scaled back from what perhaps some were envisioning, but I'm interested in and seeing, you know If this is an issue and in mass juices at this time I think I would need some additional direction in terms of that scope And we would need to work together to kind of scope out a project like this To have a better understanding of the questions that The commission has as it relates to money laundering and sports wagering so Commissioners your thoughts on addressing this issue I think my feeling is money laundering is a go ahead, Krisha. No, so when I think about AML I think about the G's office too and what their scope is with us um And I don't know if they have any Because I hear you mark like if you don't know what where to go to look for it. It's a different It's a different beast than looking at money laundering and a brick and mortar um But I'm wondering if consult a at a minimum if we say we're going to work and consult with the AG's office gaming enforcement unit to see If there's anything we can study right because they're doing Interdiction and investigations and wiretaps potentially things like that that may come up with them information that they could share In a way that you know protects confidence is that might give guidance to research But I hear what you're saying right now We'd be flying blind if we were trying to tell you to research something Um, so is there a way to put in sort of more clear direction? Not so much coming up with a research paper so much as exploring the research opportunities or benchmarks that we would need to look at to then see if you were going to do it the next year Now I give more guidance to Krisha Maynard so that we are continuing to look at it and not forgetting about it One thing I'm I'm thinking of is yeah, we do have partners the g eu the state police and the AG's office That would be interested in making sure that the laws is enforced But we may not be well educated on on how Sports waging is you know exploited for the purpose of money laundering so my um my thought was very least we could be helping to use using our research agenda to educate ourselves and our partners on these risks They may very well be different than as you say commissioner brian with respect to the casinos, but I guess I'm I'm I hear you mark saying about scope You know, perhaps that's something that we should explore but what I don't want to do is Is I want to be on the record that I think this is an issue of important for public safety and the integrity of of the system and I I would like to to explore The the topic So that we can perhaps be helpful to our partners, but that's my thinking In sheriff if I can jump may I jump in a moment? Yes because Yeah, so I B does have a couple initiatives going on right now Information gathering initiatives. We've got our g eu doing outreach to other jurisdictions specifically targeted on the AML implications in this new sports wagering environment I mean my wires may have gotten crossed with mark in terms of like is there a specific research question? I can think of I'm not sure about that, but we do have some topics currently under way and you know, they Be worth a follow-up conversation with with mark and team questions for loretta Oh, sorry, I was just going to respond to what commissioner on brian did as often she does She she put it more articulately than I did but that was exactly what I was getting at is You know, a is it a problem? Right, b, you know, how's it being dealt with with our partners? You know and try to scope the issue, but I am interested to see you know, is it I don't know if it's happening Is it happening to what degree is it happening? And what can we do as a commission? To to curtail it if it is happen I mean, that's kind of where i'm thinking but commissioner brian did a really good job of summarizing where where my head goes Definitely been a topic for us in i e b And g e u has prioritized it They're doing jurisdictional visits and conversations and it's been on the top of their list for information gathering And loretta, can I ask if you've been in touch with tom caldwell and the troopers over there as well? Of course. Yeah, okay Well, then we would want to have i e b report back to us that um rather than just you know What i'd like to not do is Money laundering's come up only in the gaming context and you know, I just think that all of us could be Braved and educated on it and any any risks that oppose and then how we're mitigating it. So So we're not ready to do that educating you from what we've found yet But that's an active area that we are looking at and you know, I'll connect with mark separately as well excellent separate note, I mean we talk about you know Our budget and things like that that we're going to be talking about I think that's coming up soon Different things we might want to spend money on and I know mc le and other entities also do aml training. It's kind of basic high level, but um That might be something also to do So that when ivy comes back and starts talking to us with more specificity There's an understanding at a high level of some of the basic aml language and statutes and Makes great sense commissioner brian. Just we're working on that side on for human trafficking So we get more I just these are big areas in gaming and we just need to be very very well acquainted with the risks All right I'm trying to pull all of this together. Um And I I clearly hear an interest of the commission to pursue this And that going back to sort of trying to understand what the scope of a research project would be in this um It would be my recommendation that um, we as the research division Do more to scope out what a potential study would look like in consultation with the g e u with um with director director lilios, um, perhaps consulting with the attorney general's office and we Have connections with unlv But that we it obviously we don't have a scope and um I wasn't prepared to sort of introduce a study today But i'm happy to to shift and pivot to do so if that's the the wish of the commission Richard sitter. Oh, I just wanted to lend a little bit of support to marx Uncertainty, I guess, um, you know just as i'm reading the feedback it wasn't Immediately clear to me what commissioners are asking for what we are asking for Commissioner brian did lend a bit of clarity to that and I think the suggestion um, you know to have a high level understanding of aml in general Is a good one. Um, but then also I wonder if it makes sense for commissioners to have a A broader understanding of you know, it's jurisdiction relative to aml You know as it intersects with sports wagering and gaming in general So, you know, I think that the topic is is a good one and it's worthwhile um But I do I do I do think that um I at least need to be a bit more educated as to uh specifically The commission's interests here and where You know, we need to sort of bow out if you will and um allow law enforcement officials like the ag's office geu state police to Do their thing So just very generally, um You know, I have a I I'm not sure What the ask is This is perhaps why I'm thinking we need to become more educated on on this issue commissioner skinner um And you know, I'll leave it that I think that mark and the reddit can connect Uh, I I do think it's an uh, absolutely um part of our Obligation to ensure that the public has full trust in the integrity um of Of gaming in massachusetts, so I don't think it's I think there's enforcement. We actively We are actively involved For this ieb is under the commission. So I think it's you know from my perspective sports exploring and if you allow Mark and and the reddit to decide whether there's something that could be addressed To to help the efforts that are underway and then can we turn back? It would be great. Otherwise, I like the idea of at least training I mean brought up and then commissioner brian brought up and then we can go from there So that makes sense Yes, of course, madam chair it it doesn't I'm I wasn't I didn't mean to Suggest that the commission does not have an interest. I just you know to your point I'd like to be educated a little bit more as to You know what what that is or should be and where we draw the line and separate ourselves from law enforcement officials Because it you know it is criminal activity after all okay next uh So next piece of feedback from the commission during that meeting the same meeting was a question about the use of primary patron data from online sports Mobile sports way during operators. So for example In terms of pattern player behavior in terms of the context of advertising models Identify risk markers and the effects of advertising on customer acquisition and player behavior This is captured a little bit in the proposed Advertising study looking at different player acquisition models and its effects on On play behavior that would likely require us to have a better understanding of actual player player behavior Um, and I think that this is a area that is is worth The commission pursuing Whether it be policy or regulatory approach Unlike chapter 23 k there isn't a specific car about currently for us to capture that that player behavior um So I think the commission would need to grapple with that to try to find the the appropriate path forward But going back I completely agree that this is a a worthwhile endeavor for the commission um Both in terms of advertising, but also in terms of understanding player risk and developing effective responsible gaming tools Any questions from mark on that next item The next item is actually it's a theme that kind of came through both in the meeting with The commission meeting but as well as the gaming research advisory committee and the gaming policy advisory committee there is a lot of interest and commitment to The community driven research Categories that the gaming commission has Um, there were questions about funding and whether or not there was adequate funding for these types of community-based research projects Would more funding provide more opportunities for deeper research? And uh, specifically Is it important to continue to stress the importance of thinking about equity in all aspects of the work because people of color are disproportionately impacted by gambling um so I think Uh, absolutely the commission will continue funding for this category. We've um the community mitigation fund Under the chief Delaney and and aim We've developed a line of funding for community-engaged research there um the gaming research advisory committee question whether the current funding structure that we have set up so sort of the RFR And the way that we've organized the funding whether or not that is adequate and captures the Right people and I think that that is absolutely a legitimate question that we need to continue to pursue At this point I didn't have a change within the the research agenda. There remains a commitment of about $200,000 per year for this specific read research category And that does not include the community mitigation fund dollars or support for this type of research Um, I think Bonnie and I would look uh, look at the structure of the RFR and and Uh closely to make sure that it's appealing to the right community groups and forecasting the net as broad as possible Questions from America on this I am I know that I express concern about the budgeting um, and I do prioritize um This community-based research because of the very reasons that you are calculated mark um I want to point out that it is great that we are using our community mitigation funds to support. I'm understanding it doesn't It doesn't supplant Public health trust funds being used. Is that that's correct right mark the 200 is an addition It's an addition. It is different because It's I understand if a community mitigation fund A non-profit that could Be funded directly under our public health trust fund would have to find a government um local community um partner under the community mitigation fund in order to get funding Correct, that is that is correct. And that's it to your point It's really important that we don't supplant that it's an addition to um the goals of that Research remain the same, but you're right the there is a there that is an important distinction It's a bit of an additional barrier right if we were to really look at our our own regulatory review and um it's $200,000 with how many research projects contemplated to to and so For public safety, how much do we allocate for two? For public safety research, um Bonnie could you pull up the the spreadsheet that lays that out? and so I think that Madam chair what your your question is we have two studies proposed under public safety one is A plain bill study, but in the other is a study looking at the impacts of casinos on human trafficking in the state Yeah, so just as a you know, is that 200 000 as well do we as they evenly funded? Like do we take two projects like that? How do Yeah, I guess I'm just wondering I heard you say you didn't make any adjustments and yet I know at least I I'm not sure how much support I got at the time so I don't want to I don't want to assume a consensus here um But as to the budget and I'm hearing the g-rack also raised questions He did g-pack also raised issues Correct. Are we and I know I was just at the aga board meeting and They asked about your work and I stressed how This is a big piece of our thinking right now um The public can we offer them anything more? It's what I'm wondering mainly because I know at a certain point in time each of the community based in research they They have just they have to really work hard To develop the trust within the community To get the data that they need from you know it all mark I don't have and andrews. You know it better than anyone that to establish that information So it seems like they almost have to work harder to get their data And I want to make sure that we're We're we're respecting that that that work of the capturing of the community voices And making sure that Those who are engaged in it Well, we want to represent the community that maybe They are most likely members of the minority community Are getting paid the right wage to do that research Yeah, you know, I think it it goes back to really taking a look at our procurement part the way that we structure that rfr The last funding cycle we we had two applications and ended up funding one of them and so That is evidence that we need to take a look at the way that we're funding this type of research Bonnie just Put in my comments of public safety funding for FY 24 is 115 thousand and Bonnie just to confirm that I think we both the Plain bill public safety study as well as the for human trafficking. So it's it's less than what it's It's less than what we do for community based. Yes Well, then maybe that reflects that data collection a little bit, right mark um I know that we have other You know research that's much more expensive So another one Commissioners I've said my piece No more no need to go on Hi madame chair. I completely concur. Um, this is a line of research that we've engaged in now for Maybe five or six years. It's produced a number of studies that I think are really really interesting contribute to the body of knowledge both in massachusetts and beyond The age and care study is a prime example of Excellent an excellent example of the type of community-driven research that that we've engaged If it's the wish of the commission for us to go back and sharpen our pencil to identify Additional dollars that could go towards this it would you know, we would need to take a look at across the research agenda And possibly into responsible gaming but we can certainly do so Okay, I'm sure she could take that into consideration and then the final one Yeah, the final um during the g-pack meeting last thursday One of the members had an interesting question In relation to the public safety Research that we've done that I had not I had not considered. Um, which was trying to understand the Um Incorporating the expenditures for public safety The public safety workforce as it relates to the to the public safety impacts that are being measured and we We have not done that in the past No And our recommendation would be as we move forward with this line of research We can consult with justice research associates to Ask them to incorporate this within within that specific study I don't see a an additional cost To doing this and it's something that we can we can integrate That shows any I have one more comment or mark on any comments from your questions Okay, the only the comment marked on the um I know that the I believe we updated the uh commission the other day But sigma is in fact Looking at the impact of the regulated sports wagering market on the elitos sports wagering market I had asked that the the research agenda be amended to include that and there was some question about scope, etc But you came back and did say that You're looking at that. I wonder if it could that could be reflected somewhere on this document Certainly we can add we can add that I'm sorry wasn't included in there. No, no, that's okay. Thanks. So just a reminder I'm so pleased because the timing is right now for a baseline. So that's why it works So I'm happy over that that was good luck. That was good luck. Okay anything else You need a vote today and madam chair one one other there there is a A part out of the research agenda for an ad hoc economic report and And so to be determined by september at the latest and so um, I think that that's something for us to think about In terms of what research direction what type of economic research we may consider in the sports wagering or on Christina I always like the ad hoc smart. I do too I'm glad you do that. It's like a little chance for us to to To pivot. All right Commissioner hill you got a motion I've been hogging all the motions today madam Chair, but I do have one if you'd like one I move that the commission approved their proposed fy 24 gaming research agenda as included in the commissioner's packet and discussed here today for the second Second, is there any further discussion? Mr. Brian Hi, commissioner hill. Hi Commissioner skinner. Hi commissioner knitted. Hi And I vote yes with just a notation about If there's any sharpening of a pencil that can be had I would love for you to explore that and I love Dr. Andrews smile. So thank you. Appreciate that very much. I I guess it's Thank you. Thank you very much. I'm chair and commissioners if I make this ad We will continue to look at AML as it relates to sports wagering We will look at the structure of the community driven research in our the way that we're procuring and in addition looking at sharpening our pencil for that Um, we will definitely be have our eye on on player data and ways to leverage that avenues to act with that and leverage that for responsible gaming um and and keeping an eye on Where we can draw specific information and perhaps even a specific report to address the impacts of the legal and regulated Market on the illegal market and Excellent. Great work. And you did a very nice job with the g-pack. Thank you so much. I They have to that appreciate it. Appreciate the whole team's contribution. All right Um, commissioner brian has graciously said that she would allow us to roll over Her um item seven Like to have grace explore with Trudy um Whether or not we could Move that into our discussion for Wednesday, we have included after agenda setting and a meeting with limited Uh items one It would be our budget and perhaps because this is quite internal to our operations It might make sense to have this discussion be part of that It but i'm not sure about uh commissioner schedules. So that's why we need to see Trudy and and uh grace can Work their magic and then we would um, we anticipate an executive session that afternoon so, um Next we do have a We are anticipating a final executive session Discussing Matter that it's appropriate for executive sessions should we so vote I'm sure as as you know, I must read this Into the record and you can ask any questions of our general counsel Commissioners anticipated to meet an executive session in accordance with gl chapter 30a section 21 a7 and gl chapter 4 section 7 26 f To discuss investigatory materials related to the issuance of a sports wagering license necessarily Compiled out of the public view by the IEB the disclosure of which materials would Probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest Public session of the commission meeting will not We do not anticipate Um Be convening at the conclusion of the executive session should we so vote With that said commissioners any questions or do I have a motion I can move madam chair Um, I would move that the commission go into executive session on the matter Uh, just stated by the chair and for the reasons just stated by the chair on the record That can thank you any questions for Todd All right, um with that said Commissioner bryan I commissioner hill Hi commissioner skinner hi commissioner maynard All right And I vote yes, so that's five zero to move into this executive session This will um conclude our public portion of this meeting and I just wish to thank the entire team You all work very very hard for this meeting to prepare and we also thank the independent monitor For the presentation this morning. Um, it's been a very productive day And for us it hasn't concluded. We'll let dave susah Bring us to learn our proper Virtual meeting space. So thank you everyone. Appreciate all your hard work Should be all set and again if anybody needs to be added to the executive session That is not please feel free to let me know and I can add you to be uh the breakout room