 Good morning, everyone. Thank you for joining us again. I want to remind Everyone who's attending that this meeting is being recorded. I also want to remind everyone that given the unprecedented circumstances Resulting from the pandemic that we are utilizing the benefit of relief of the governor granted for his order Leaving us from certain obligations under provisions of the open meeting law This meeting will therefore be recorded using collaborative virtual technology There's any trouble with our technology, please go to our website at mass gaming comm and we'll give Guidance there as to how we can connect in this virtual setting. So thank you everyone and good morning I am convening today's meeting. It's Massachusetts gaming Commission's 301st meeting today is Thursday, May 7th, and it is 10 o'clock 2 a.m. We thank you My remarks this morning are simply that we are thinking of everyone who's working on the front line particularly our nurses in celebration of The National Nurses Week We have a nurse in our family. I'm thinking of her as she's participating in the contact tracing program I know that many of us have nurses in our lives and we know exactly how Important their roles are each day and particularly at this time. So, thank you. We have a busy schedule Along meeting testament to all the work of the team here As we continue to be open for business. Thank you. I'm going to turn it over right to our Minutes and Commissioner Stephens, please Good morning, Madam Chair commissioners. Thank you and our MGC team first Set of minutes is from the April 23rd 2020 meeting Those were included in your packet. I would move their approval subject to Corrections for any typographical errors or any other non-material matters second Are there any questions at its? Hearing none, I'll have a roll call vote. Oh, and I'm sorry I should have established the other quorum, which I could see visually, but I'm commissioner Cameron. Bye Commissioner of Ryan I Commissioner Stephens I Commissioner Zuniga I I felt I Zero sharp and we of course here now everyone can hear we do have a quorum. Thank you Moving on to item number two Sure, madam chair the night. That's okay. No the the next set of minutes are from the April 29th 2020 meeting I would also move their approval subject to Corrections for any typographical errors or any other non-material changes I don't think they were included in the packet were they No Yeah, I think I think those will come in our next our next meeting the 20 They were on our agenda, but I believe there was a little bit of a tetanacletch You're correct. Sorry about that Next week. No problem. We will I think we will tend to the minutes of April 29th and May 1st at our our next meeting if the technology It was it's not in any way a reflection of our IT department. It's just a reflection of maybe a tired laptop So we'll tend to those minutes in our next meeting That motion that okay. Thank you so much and we'll continue then on to item number two Interim executive director Karen Wells. Thank you. Thank you. Good morning, madam chair and members of the Commission as an update the staff continues to effectively work remotely that continues to go well as We have previously discussed we are gearing up for the eventual reopening of the casinos We are focusing not only on normal operational regulatory requirements But also the enhanced public health requirements, which are going to be necessary Given the situation that we're all facing right now So noteworthy for the Commission are the following four points, which I wanted to bring to your attention today Number one aside from the ongoing staff for the reopening working group that the chair referenced at the last meeting has Can be convened and that process is ongoing Number two is that the licensees have been asked to submit specific Reopening plans and we expect to have those shortly as as soon as tomorrow Number three, we will have a Commission meeting next week to review those plans with the licensees So we will continue that cadence of working on the reopening process in that way and also number four We continue to monitor information and the mandates from the governor's office including any information regarding Pardon me resulting from the state's reopening advisory board So we continue to monitor everything that's going on. The staff is doing a lot of work internally on all those Processes and procedures and we will be giving updates to the Commission at a regular basis so that When the casinos are ready to open we will be ready to go So, I don't know if the Commission has any questions on that, but that is generally the outline of what's going on right now. So Is there any questions from any of the commissioners on that I Think I see I was just gonna ask my understanding They were gonna the licensees were gonna get those plans to us by close of business tomorrow. Is that not the date? So I think so so well we'll confirm But that was that that was what the ask was that they'd be given to us tomorrow. If there's any kind of On their end, I'll let I'll update you but that had been the request from our staff. Okay. Thank you Commissioner Zunica Yeah, thank you. Yeah, I look forward like like I know the rest of us Look forward to those examining those plans and discussing them There is this there's a lot of planning that needs to Apparently to go into into this I was remembering that Essentially a question I look forward to discussing but Early early on in our tenure. There was a question that came to us that was never really addressed Because we moved on Relative to the potential of having gaming notably slot machines In the outside, you know with proper proper coverage of You know for for intimate weather but also for Security and the like that was done in the context of whether there could be smoking At the facility and be able to Still comply with Aspect of a statute that has a non-smoking endorse provision and Again, that was never really executed. It was simply a question of visibility that would have required a Capital expenditure, of course But it's something that I am now curious that as I see other industries Considering that perhaps an outside activity is more feasible Restaurants thinking about opening their decks first as opposed to, you know, the indoors. I'm just curious if that's something that the licensees will entertain or are planning on or or If it's too expensive to do we would defeat the purpose, but I look forward again to to those discussions and I'm glad that people are working on. Okay. Thank you Um I had a quick thought also and this is for director lightbomb as well At some point we should be considering our license our racing licensee and national and a Plan that they may be contemplating. They obviously have several racetracks around the country So I'm where they have been thinking about plans to open safely So I'd be interested in seeing a plan at some point from our license or racing licensee Yeah, and Dr. Lightbomb has been on top of that and has been monitoring what's going on Not only across the country, but is expecting a plan on the the racing part So that would be part of National's PPC license plan great would include racing as well. Thank you Okay, and I appreciate particularly I want to comment that we did convene the Restart working group and that's quite a small group But again, we're so appreciative of the expertise that we have internally here No, we do have the experience of Bruce Band and team who have actually engaged in reopening under different circumstances, but still trying circumstances in New Jersey with Sandy and I also truly appreciate that Karen has Has referenced that we will be looking you know to the Reopening advisory board from the governor's office as they issue public health guidelines Which will inform our work and of course, we'll be looking at the the May 18th deadline So we continue to operate really in sync with that work and will will be you know No doubt given some good good guidance and and we'll be monitoring it. So thank you. Thank you Any other comments by the commissioners done At this point, I'd also like to ask Joe Delaney to give the commission just an update on some things that are going on in Springfield Thank you So I'm going to give you a little quick update on the 31 Elm Street project out in Springfield If you all remember back on February 27th, we met out in Springfield and that's not that long ago But sometimes feels like a lifetime ago But so out there The commission approved the approach that the city and MGM and the developer were taking on the redevelopment of 31 elms And you know, of course for our purposes That was sure that the project would satisfy MGM's commitment to construct Market rate housing Just the other day there was an article in mass live that was talking about Project any certain approval that was made by the Department of Housing and Community Development Just by way of background a little bit Court square which includes the 31 Elm Street project is an urban renewal district And is being redeveloped under the auspices of the urban renewal laws So in order to transfer the 31 Elm Street property from the city who was the current owner to the developer DHCT needed to approve the disposition of that property Which is the approval that was recently recently made and referenced in that mass live article So really what's happening now? This is just another step in the process You know a good step forward certainly, but You know, there's still a ways to go before construction can begin But you know, it's really great to see the city and the developer Still moving forward on the project considering the current circumstances with COVID-19 and all You know the fact that they're able to move forward is a great A great testament to that to that team. So I've talked with the city and you know, they're certainly encouraged by this development You know this approval from DHCD and the fact that you know things are still moving forward you know COVID-19 obviously has Probably affected the construction schedule at all. We don't really have a good firm construction schedule yet But once we get that, you know, I'll continue to monitor the status of the project and I'll report back to the commission You know as new information arises and we get a few more details regarding the actual start of construction Any questions for Joe? Very helpful and forward thinking which we welcome Any questions? Yeah This is just perspective as you As you look to continue monitoring Joe And I don't know the answer to this and I don't think we'll know it but it's something to consider My recollection is that these project relied on tax credits historic tax credits and the like And it's not clear that I and I just wonder how that me that may be affected even the recent You know, given all the recent economic conditions There may still be a credit market for those credits But it's it's important to continue thinking about what may happen or what might develop from given the current economic conditions, yeah, absolutely You know, I think that's something that you know, I could talk with DHCD about and some of the other entities But you know, obviously this approval that they gave Gives a certain indication that you know, things are moving forward pace They wouldn't allow it unless the financing packages in place and so on and so forth. So Right now we think everything's good, but I'll certainly look into that Thank you. Any other any other questions? Joe, thank you for that update So that's all I have for for this meeting today, so I'll just turn it over to you for the next agenda item manager Great. We're moving now on to item number four Research and responsible gaming mark. I I don't see you yet. There you are on the screen. Good morning Morning, madam chair and commissioners. Thank you. And you you do have guests today if you could introduce them I understand that Professor Bruce will not be joining us visually, but we will be able to hear him clearly Right, and he should be able to kind of pick up and and show some slides After this introduction Thanks Madam chair and commissioners, I'm excited to present to you today The the first follow-up report looking at taking a look at the public safety impacts of Encore Boston Harbor on Everett and the surrounding area I'm joined by Professor Christopher Bruce who has been a longtime crime crime analyst Helping us look at at impacts and Plainville and Springfield I'm also joined. I don't see him. There's a lot of people joining, but I believe that we have the Everett police chief Maisie on the on the call So if following the presentation you have questions specifically for him as well as the lieutenant Brian Connors So both of them should be available. Should we have questions following? Before I start I really want to thank Commissioners Cameron and O'Brien for their assistance and This report they both have extensive expertise that lend very well to to this as well as all of the the police chiefs and crime analysts and Our hosts and surrounding communities who have taken this incredibly seriously If there are crime impacts, if there are public safety impacts, they absolutely want to know what they are and And then joined effort to be able to address it to be able to to mitigate that The report that that Christopher will present to you shortly builds on a baseline report taking a look at What was happening in the host and surrounding communities for five to seven years prior to the opening of Encore Boston Harbor One of the things that I really appreciate About the work that Christopher does is that it carefully considers the context and what I mean by that is What were the crime? What are the crime trends? Currently in in the host and surrounding communities as well as as statewide. Are they going up down? Are they stable? It considers the historical data it considers that they the baseline and comparing it to that It looks at the use of the the space prior to the opening of the casino or prior to construction of It also considers crime rates at similar size facilities while crime Was certainly reported at Encore Boston Harbor I think it's important to understand what that really means as you take as you compare it to other similar types of facilities Which is hard because Plain Ridge Park or because Encore Boston Harbor had roughly six three million visitors in the first six months so I'm excited for you to hear more about about this report Before I turn it over to Christopher the one thing that I I do want to mention is We're doing this as as part of our statutory mandate We have an incredibly robust research agenda Taking a look at what are the social and economic impacts of casino gambling in the state across a variety of different topics This is this is a research agenda. That's unlike any other part of the United States It's a it's a tribute and a credit to the need to be data driven It's a credit to the the legislature for recognizing that we needed to to take take this type of approach and Key and explicit within that statute as we're looking at social and economic impacts Is a a specific call out to look at the relationship between crime and gambling? I think that this is this is what the legislature intended and With that I'll turn it over to Mr. Bruce Christopher are you yeah, I can thank you mark. I think somebody has to pass me as a presenter of you or something though if I'm not mistaken Okay, I I guess I would be the one responsible for that Actually matter Bruce all you need to do is hover your mouse to the bottom of the screen with the menu options are and you click on share And you can share your presentation. Oh, my apologies. I thought differently, okay, thank you Katrina as always vigilant and very timely. Thank you There we go. I assume you're now seeing the title slide We are excellent. Okay. Well, um, the agencies participating in the report have not changed unfortunately since the Baseline that I presented to you. I I don't remember one in the fall. I guess So Lynn Melrose Maldon Revere Everett Somerville Boston and Chelsea all contributed data to this report Medford expressed interest and I don't know precisely why I was never unable to to get an actual commitment from them and Cambridge declined to participate Entirely I made contact with the MBTA police But was unable to get their data in time for the report and the we'll keep trying to enlist These other agencies as we go along But of course, it's most important to have the host agency's cooperation and as Mark indicated They have a very good crime analysis unit there and the chief has been very cooperative and It's been a very fluid and flexible relationship with the agencies immediately surrounding On core Boston Harbor. So a summary of what happened in the first six months and I do want to stress It's just six months. There isn't a whole lot you can tell from just half a year's worth of data But it it was the casino itself was the site of a hundred and twenty four arrests and five hundred and six Evictions or ejections during the first six months Because of crimes that happened literally at the casino That led to a nine point five percent increase in violent crime of five point one percent increase in property crime And a six percent increase in total crimes for the city of Everett. So that's only it stuff that happened at that particular address Overall crime totals for Everett and for the region. We're mostly within expected ranges We're gonna seize the exceptions to that in just a bit Some individual crimes did increase but rarely in a way that could be traced to On core Boston Harbor, although I do want to emphasize that again. This is just being six months I didn't I didn't dig as deeply as I will When I have more data to work with The only real increase that could be definitively traced to on core Boston Harbor Had to do with traffic complaints in the neighborhoods East and I should I guess I had added north of the casino Which I'll show you on a map in in just a bit And I just want to emphasize I know you've seen these a thousand times before for me, but The basis of my work is to create an expected Range of values that you would we would expect each crime to fall into Based on historical averages or historical trends and there are a couple of ways of doing it Depending on whether the data has shown a trend over time. There's one method Statistical method that looks at averages and the deviation from the average and Projects a window of what you'd expect in 2000 in this case in 2019 Based on those historical averages There's there are other methods that don't work well with with that calculation if there's a trend And so we have to use a different method if there's been a historical trend to predict the window So the the report goes into that in more detail But basically I used one method when there was a trend and and one method when there wasn't this created some interesting Results in a couple of cases for instance take in the consideration burglary here Which in the region had been falling quite rapidly over time You can see that they were at about 1100 in 2012 and in 2018 They were down to 400. I mean that's an incredible decrease for the region and it's not unique to burglary a lot of crimes in the Chelsea Everett Revere area had been going down significantly over the past seven years before the casino was open. So if Encore Boston Harbor or any other Factor caused that trend to reverse or flatten out. You'd want to know that I mean It's still important information But you run into the oddity that we see here where even though so 2019 on this chart you can't quite tell but it's a little bit lower than 2018 So the 2019 figure the post on Corbaston Harbor figure for burglary for the region was the lowest that it had been in the past At least seven years or eight years that you can see on this chart But obviously, you know, it had been higher Even before 2012 probably that 2019 figure just from what I know about crime statistics for the region is the lowest that it's been in half a century and yet because my Forecasting model predicted a lower rate It showed up. It was flagged by the statistical process as being unusually high if that makes sense So you can see the trend line here indicating where where the date where it was going basically and it didn't go there It flattened out and so my the report says the burglary was higher than expected for the region and that that that's true Mathematically, but that's an it's it's one of those cases where you have to you know put an asterisk there And I of course I wrote this in the report that even though It out it outperformed what we would have expected based on the predicted value It was still lower than than any other year for a long time and therefore we don't need to get too worked up about that That increase now if that flattening out continues though Over time we have to ask the question was it caused by something or was it did it just reach a floor that it would have reached anyway? Irrespective of whether a casino or anything else happened to the community But I just wanted to point out there a couple of statistical oddities like that thefts from vehicles are very much the same in the region Simply because they were having such a decrease in crime before the casino was even introduced into the equation That said here are some statistics for Everett specifically. I think that these are the ones that increased High that they were higher than than expected for the period post casino these statistics are for just the period of July 1st through December 31st and And some violent crimes increased in Everett during that period Murder sexual assault and aggravated assault as well as a couple of property crimes thefts from buildings and fraud and then on the societal crime side Disorderly conduct and drunk driving now the totals were generally was in the expected range except for violent crime But property crime and total crime and collisions were all within the expected range But those crimes did see an increase and so I would have been working with it the average crime analyst to help explain those increases We you know, obviously even if nothing had changed in the city some crimes would have been up some crimes would have been down We couldn't really find any particular evidence of it of an encore Boston Harbor Influence on any of those crimes so looking at individual cases looking at where the crimes were occurring most of them were not in a Geographic pattern that indicated a casino relationship The Everett police department was one of the is the only one in this region that has so far introduced a Flag in their records management system for an officer to indicate that he knew he knows specifically that the offender or the victim was in in the city to use the casino and the flag has been used a Couple of dozen times since the casino opened but mostly for things happening on casino property There's only been three or four cases in which the flag was used and it was somewhere else other than at the casino itself and Not generally for any of these these in these crimes that have increased so That is good news that that's indicated that we haven't seen that kind of direct relationship in those crimes But these crimes are up. They're just not Specifically tied yet in a way that we can see to encore Boston Harbor Could I just ask a question on this slide? Just because I probably don't understand the statistical analysis So I see that all the crimes are higher than the expected range Yeah, I selected the ones that were specifically for this this slide. So there there are lots that weren't but they're Understood I was trying to figure out the total crime being the expected range. Okay. So yeah, yeah, so that makes sense and I wanted To point that out but in terms of violent the violent crime is what seemed to be more. Yeah on the extraordinary side Okay, excellent. Thank you. Sure So similar statistics are offered for all of the communities in the report and whenever there was an increase when it was Above the expected range. I offered what I could In the way of analysis from the data that I had and then anything that the agency Had supplied in addition to that as as an explanation from their end So that's all in the the full written report But I'll I'll I'll indicate what what comes out of that now a couple of patterns to monitor I I don't see a direct casino relationship yet and the Generally speaking these crimes So what I look for are are collaborative or complementary increases across multiple jurisdictions if if some Property crime like auto theft only increases in Chelsea That's you know, not as good evidence of any kind of casino relationship as if it increases in several communities So I look for that I look for geographic patterns that are related to the casino Maybe a long travel routes and so forth. I look for a logical relationship We've talked about those specific factors before so these are these are Examples of trends that we saw during the first six months that I would say are kind of on the fence that they might have some of those factors A logical relationship Maybe a geographic proximity but not some of the other ones that I'm looking for in no case Do we have an example of an offender where we can specifically say yes This person was casino motivated But these are some examples of trends that I want to keep an eye on if they do continue if they expand then we're definitely going to need to analyze them in more detail and Everett and Chelsea were the two agencies to have an increase in aggravated assault for instance mostly, I think family related Violence I again, I don't see a logical relationship there to the casino at least not that quickly After it was built, but we want to keep an eye on that and if it increased if it continues to increase I'll get a sample of actual narratives and start to do some some coding of causal factors for those increases Charleston was the the only neighborhood to see her an increase in thefts from vehicles and Right in the in the residential area of Charleston So we'll keep an eye on that auto theft in Charleston and Maldon also went up revere had an increase in con game style fraud and then the The Massachusetts State police data was interesting that there were a lot of Crash increases on local roads not in any kind of consistent way That was Graphically related to encore Boston Harbor very very scattered around the region, but of course Traffic's a complicated issue to analyze anyway, so We'll just be keeping an eye on increases on on those crashes local agencies didn't report any crash increases at all One of the things that I was particularly interested in looking at because it's it's come up in a couple of places is traffic collisions that Then resulted in a drunk driving arrest or a drunk driving charge That's probably the best data set we have at this point to estimate how many any increase in drunk driving caused by the casino Increases based on just raw drunk driving arrests are always a bad statistic to use because they're heavily dependent on what police agencies are doing and and how they're investing their resources and so forth But if we look just at those drunk driving arrests that result from a crash That is independent of a police agency's Choice of whether to To spend more time enforcing drunk driving and we can see here that Everett Typically before the casino had one to three crashes that later resulted in a drunk driving charge And it had 14 in in 2019 in the six months after The casino no other agency saw that kind of increase just just Everett and when we look at it geographically We can see here's here's on court. You can't see my pointer. Can you can you see my cursor? Circling around the screen Okay, so you know here's the casino and then you have Broadway here Going up through Everett and most of the incidents in Everett you can see her right along Broadway, so I thought that was a quite a lot of smoke that indicated probably a casino relationship, but In Everett they looked at every single one of those reports and they had recorded last-drink locations for all of the offenders that they had charged in those crashes and only one of them had had their last drink or had been coming from Or otherwise using on core Boston Harbor So it was a lot of smoke without a fire that we could find at the end of the day I'm not prepared to say that there's no relationship just because they didn't have their last drink at the casino They might have changed their decision to drive down that particular route or something else might be going on There is a big increase in the in drunk driving crashes and we could it could it also be an increase in police monitoring Well, that's what I'm saying. I don't think so because a crash had to happen first if it was But because drunk driving arrest in total also increased for for the city of Everett and that that could definitely be just You know more law enforcement presence, but if it's based on a crash first that kind of strips out that that extra factor So we just need to keep working on this one and and come up with a more comprehensive analysis of Those those driving incidents and chief mazy if he is in the call might have some some more to offer on that particular Thank you, and I won't interject again. I'm feeling like it's a personal conversation now professors. Thank you so much And so finally I looked at the immediate neighborhoods around On Corbust and Harbor to the to the east to the west and to the north There's a major shopping center there to the west that isn't really directly accessible from the casino I don't think I I think you can go out like a back door and over a hedge and something and you can get there But it's not really easy to to get to and so but it's the closest major retail center to it so I thought we should take a look and see if they had any increase in anything and they didn't the shopping center was was Very low in crime and didn't see any increase from after us on Corbust and Harbor the eastern neighborhood along Broadway there the those streets sort of a mixed residential commercial industrial Presence and and then you have a residential neighborhood north of Route 16 up here that I also took a look at We talked about drunk driving on Broadway that also went up even not not just from crashes, but Total arrests along Broadway increased it Also, but we also saw a lot of traffic complaints and parking complaints in this area And this residential area here to the east and also here to the north and the hypothesis has been That when the garage fills up people are parking in the residential neighborhood and walking over there We don't have a smoking gun there that you know We can we can tie the parking complaint directly to somebody using the casino And it's we don't collect a lot of data on that type of call for service anyway But it seems like a logical explanation and I think it's it's worth continuing to watch But it's it's possible that some extra traffic is aggravating the the local community and causing out of towners to park on those streets We also had a slight increase in disorderly conduct at businesses in this this area You can see the the roast beef shop here. I think it's one of them And then there's a couple of gas stations along here as well. So Fairly minor disorder and traffic stuff directly in the radius of the casino no Obviously the COVID-19 outbreak is gonna have a major impact on this study and on future studies This study went through the end of The year and since the end of the year, we've only had an extra two months worth of activity and on Corbos and Harvey before before it had to close So it would be fairly meaningless to do any analysis of what's happening in the region for the the months of March to May except in the extent that of a very indirect Hypothesis of the casino causing Just from causing general economic Increases in the area also being related to certain crimes But would the casino being closed my point is that you know, we wouldn't see a lot of direct evidence of a casino relationship to crime for the March to May period the more The bigger issue though is that with everything being closed crime Well, I don't know this is specifically forever and the Everett area, but across the nation crime has been down During these closures street crime at least domestic violence in some jurisdictions has seen an increase overall this Closures caused by it by COVID-19 have really changed crime trends across the country and it's going to be very difficult going forward to separate Those changes from anything caused by a particular facility At least I think it will be I obviously we don't have the data to to look at yet And even after the casinos reopen other businesses are going to remain closed and even after they all reopen it's possible that the Effects of these these closures and of the disease itself are going to have lingering Impacts on crime for years going forward and so it's going to be necessary to create models that Somehow control for that when we're looking at the impact of a particular facility So I don't know what that's going to look like yet I'm just getting into researching that and I need to consult with some experts in Quantitative evaluative research to help me do that, but I think from what I'm hearing so far I mean everybody is is thinking wow this is going to really change the nature of that sort of research It's just completely unprecedented. We we don't have anything to look to like this except Maybe going back to say September 11th when you know some major societal impact like that I had had reverberations for many different types of crime across the country So what the next reports look like is is a big question mark at this point And I'm going to have to obviously have some long conversations with mr. Mandel and then about that and We'll we'll see in the future Christopher this is gail Cameron. I think your example of In particular the drunk driving cases was a really a good example of How the extra step of drilling down and I want to commend Everett PD for being willing to do that meaning Pulling every single case and looking at the narrative finding out where that last drink is and I know you've worked with their Crime analysis team really effectively as you have throughout this the the state with our different licenses But I I think that's that's an example of one that can really be you can jump to a conclusion and say wow look at this But the drilling down obviously you're not making a definitive statement that it's not related But that extra step really helps and putting this data into Context and it's a good example too of how the chiefs from around the state are really engaged in this process and They want to know what they can do to mitigate Whatever is happening in the region. So I thank you and and the Everett team for that. Absolutely Do we have questions for Professor Bruce and also we might as well. I think we can offer mark And we can offer if if I'm captain Connors and and she may see our available Perhaps they've either want to comment or our commissioners would ask them a question I do know that Everett has taken the lead on that program The excellent fascinating to for you professor in terms of what you've got to deal with going forward Madam chair Christopher this is commissioner Stevens. Thanks As always for your excellent presentation you answered one of my questions which not only relates to Encore Boston Harbor but our other gaming sites which is what the impact of the COVID-19 closures will be Is I as I read through the end of your report you talked about some future Plans or analytical plans you talked about the potential to measure Encore Boston Harbor against other casinos Normalizing that research by the number of visitors In doing that type of research, how do you consider the the population in the Local community or the local region as part of the research? That's a really good question and it does have to be factored in but I The simple answer is I don't know yet Part of my research has to be into the specific models and yes So we have to consider, you know, obviously the crime calls for service at the facility But also and the number of users of the facility But also the the number of people in the the local area because the casino in the middle of the woods That has three million visitors still is not the same thing as a casino in the middle of the city That has three million visitors. I don't know specifically mathematically how how I'm gonna control for that yet But I I can promise that it is part of the equation in any event. Okay. Well, obviously, obviously, you know Our other licensees have More facilities kind of across the United States in different regions So that that might allow you an easier path. But as always, thanks for your good work. Sure Captain Connors. Did I see you? Good morning. Good morning How are you doing? I'm doing great. Okay. Good. Would you like to chime in with any of your observations comments? No, I think just to follow up on some some of the areas that Christopher touched on I mean, I would concur at least just from our view over those last six months of those six months of the study You know some of the issues that we deal with Internally, I guess in inside the facility. I know this is more focused on what's going on around the facility but but I do think we have a Us working closely with every police and some of the other Cities and towns in the area and getting this feedback continuously that we do have our thumb on the pulse So as to what exactly is going on out there and how that you know may carry from inside the facility to outside or vice versa I think having our presence on site. We're able to monitor that very closely. So You know, some of these things will continue to work with Christopher going forward not only for encore, but the other the other two locations as well and just continue to to You know, assist in any way that we can to make sure these reports to the Commission are as accurate as they need to be Questions for Captain Connors Well, we think thank you. Oh Commissioner Sunica. Yeah, thank you. Thank you, ma'am. Chair. I'm just more of a comment perhaps and you know, if others want to react to it. I I'm glad that Christopher and others are already thinking about how to account for Well, it's likely going to be this very different set of circumstances and possibly trends For many reasons they can cut they could cut in many different ways. There might be some more economic anxiety Societally, etc As well as what is likely going to be less visitation When I would only mention that I'm glad we have this structure that we have the infrastructure that we have the commitment to continue studying this I'm going as as Mark mentioned is the mandate of the research agenda and Collaboration and input of all the agencies that have And then they help of course of Christopher Brian and and chief Macy and all the chiefs around us to continue to To study this I think it's critical that even though things are gonna change perhaps in Important ways that we continue to study any further questions I'm not sure if Chief Macy is available, but I do know that I think on behalf of all the Commissioners we thank you. We know that you have taken on that important Leadership initiative in terms of of flagging the EVH connection. So thank you for that Mark Comments Yeah, I think Thank you, Madam chair just building on what Commissioner Zuniga Just said that that we have a system in place. We have consistent methods We Christopher Bruce has been a fantastic resource for the Commission to help us build this aspect of a research agenda and And this will serve us while moving You know, we're under unprecedented times right now And it will be interested to continue to monitor to see how that impacts public safety moving forward and With a critical eye on really trying to drill down to to that causation So we look forward to to moving this forward, I think the next step for Christopher is At least for Encore Boston Harbor is is taking a look at at a one-year report So he would begin Gathering data for that relatively soon and again, it'll clearly be impacted by the casino closure and the COVID Virus so but he also continues to work on On Examining impacts in Springfield and in Plainville. So he's busy In addition to his leading his coursework No further questions Commissioner O'Brien. Are you all set? No, I am I would just reiterate to that I'm sorry chief Macy's in here because I was also very impressed with Everett's ability to do deep dives Their crime analysts were incredibly helpful in terms of drilling down on the OUI stats and Hopefully next time we can get more from Medford and MBTA and hopefully Cambridge Yes Right. Okay. Well, well, thank you Christopher. We appreciate your attending today your presentation and we wish you well Moving on to the Next item On our agenda already item number Racing division Alex dr. Like on there you are good morning. Good morning On March 20th, I came before the Commission recommending along with Steve O'Toole from Plain Ridge Park that we postponed the April opening of Plain Ridge live racing until June 1st at that time there were recommendations from the CDC and an order from the governor about different sizes of gatherings that were allowed and We based it primarily on that Since then the governor is as everyone I'm sure is aware has had several Times re-upped in order for non-covid essential services to seize in-person operations and that's been extended to May 18th With that order Speaking with Chris McElaine the vice president of racing for and national gaming And I we felt it wasn't realistic to keep that June 1 date for live racing We understand the hardship this creates on the horsemen and for each of our staffs and We're trying to weigh The best way to open safely for everybody As well as be able to regulate the industry To that end we've Met with the horsemen Todd Grossman our general counsel and Bill Egan our Licensing specialist at Plain Ridge and I we met with the horsemen and Chris McElaine virtually last week The horsemen have Presented a risk management plan it's based heavily on the standard Brett Canada plan That is a Starting point. I just want to mention that as soon as Steve O'Toole and I When we began the discussion about delaying the opening in that same conversation We started discussing how we would be able to reopen and things that would need to be done so it's not like we've just started thinking about this and You know, I've been gathering information from different tracks that have opened so far the tracks that have been able to Stay open or open have all been thoroughbred tracks. There's some different Organizational ways that are different from the standard red tracks and right now there aren't any standard red tracks racing in the country So we're going to continue to work Chris McElaine is Devising a plan as you know, they have And it's seven or eight different race tracks across the country So they're coming up with a plan in general that will probably also maybe drill down to some specifics for individual states I Was on a webinar yesterday with us veterinary school and the mass veterinary Association talking about Veterinary procedures in these days as you know We have several different veterinary jobs at the race track. We have a veterinarian that administers late six there's the Commission veterinarians that are in charge of testing and there's an association veterinarian that Watches the horses on the racetrack and and handles emergencies and that type of thing At tops right now, they're not allowing any clients into the building They have what they call a runner that goes out to the car in full Ppe they get the animal from the client and Take it into the office into the hospital and then It's exchanged the lease different leases are put on them the whole thing. They disinfect the carriers They disinfect the animals. So there are some very stringent policies being done On the racing end of it Obviously some tracks have been able to continue racing and we're going to follow They're you know, some of what they've done and their guidance To come up with a plan we have different areas that we need to look at for instance The judges and how they would operate The our licensing department and how they would operate So there's a lot of different moving parts, but we'll we'll be able to look at these different areas Um So we'll just continue to review the different Policies and procedures. Obviously, we're also looking to see what the governor's Committee comes out with they may have some very good suggestions for us. It will obviously that will incorporate and From there, I'll just let you know that Bob McHugh and From the the president of the harness horseman's Association and Chris McElene Vice president of racing for Penn National gaming are on the meeting today if the commission has any questions Alex Yeah, dr. Leipam. I just I want to thank you for really I had a conversation with dr. Leipam earlier before this meeting and I just want to thank her for really Keeping track of Worldwide basically what's happening with racing and thinking about best practices for us because it it will be a challenge To do it safely. It doesn't mean an insurmountable challenge, but it will be a challenge. So And I know that's difficult for the horsemen and women to hear because they would love to get back to their livelihoods sooner rather than later. We certainly understand that but Safety is a key piece. So I Was happy to hear that you are engaged with With pen as far as a plan something that we can look at and understand the details So so just thanks for your leadership there and it was really apparent to me that you Really, you know diving into this and trying to figure out what we need to do to do it safely It's a little bit different than gaming obviously. So we need to pay attention to this community as well. So thanks Thank you Further commissioners in the car. Thank you Thank you for the update Alex I was just a couple of questions is there any indication that horses have a Key they're carry or affected or can transmit the virus At this point, you know There hasn't been any reports of forces carrying it there obviously is some discussion on Cats and a lot of the veterinary hospitals are treating cats with Respiratory signs very carefully in case it may be COVID There have been a few reported cases in dogs, but that doesn't necessarily Mean that they're infective humans. They may have gotten it from their humans And they from what I understand the dogs have not been showing any respiratory signs and that's really I Hate to comment too much on it because that's still very much under investigation But so far there haven't been any reports of horses spreading up Great and so along those lines that you imagine a scenario in which perhaps The races can be conducted Which there's no spectators You know similarly to what they're doing in other countries for actually human sports They numerous tracks on the throwback tracks that are open now have been doing that they've been racing without spectators Some of the differences with the harness is that in harness racing the horses are brought into a paddock area You know hours before they race So that's some of the things that we're looking at is can that be changed? And how do we still maintain? Security over those horses if we do change that a number of the throwback tracks have very tight control over the participants they a lot of them actually live on the grounds and the horses are stabled on the grounds and they've even gone so far as to limit what Jockeys can come into the track. They basically have the colony of regular riders that are there And it's very difficult for a rider from out of state to come in some of them don't allow it at all or and somehow certain procedures and even with racing officials some of the plans I've seen ask the racing officials to actually live on the ground so it's a very You know secluded Immunity there one of the issues that with plane ridges that we do When we're running a regular meet we'll have horses and obviously coming with their people That come from you know, New York, New Jersey Connecticut, Rhode Island Maine, New Hampshire Vermont, you know all around so that's one of the things that we'll need to look at As well as the horsemen will need to look at it some of them Their states may have restrictions on if they can go out of state and come back and that type of thing So it does get a little complicated where we can't just We don't have a group of Horsemen that are living on the grounds with their horses That we could easily just start up with them right now To that point that is why we will be looking for the guidance from the the governor's advisory board I have I suspect there may be mandates that will Obviously give us immediate guidance and then there may be guidelines and and then there'll be probably where we have to extrapolate So it's excellent that you are doing all of this work and collecting really what will be the best practices because this is This is where your industry does present very unique challenges. So thank you Madam Madam chair if I could just Thank you Alex first of all A great job. I also want to just acknowledge as commissioner Cameron did the Documents and letters that we received from the harness horsemen and even some of the extensive work that they went into to look at Best practices being used at other tracks And I think Alex you just pointed out a big difference which is the difference between a ship-in track and you know those tracks that make Accommodations for housing etc. Available on their property um, I would hope that you know as we think is you and Chris and stevo tool think about the Procedures for being able to reopen horse racing Safely And obviously following the other guidelines that were required to follow in Massachusetts that There also be some discussion about changing up and reviewing the schedule in the potential days of racing is is As we look ahead. I think that's a critical component of it Yes, and in the in the past pen has if we've lost a day to Weather, you know different types of things like that pen has always been Very eager to make that that day up That being said those were only you know an isolated day or two here or there and so it will be a discussion to have Once we have a firmer idea on exactly how many days of racing will miss will miss due to postponement And then weigh-in factors like what the purse accounts going to look like Obviously the racehorse development fund Money is going to be greatly decreased with the casinos being closed so once we get to a point where some of these issues are clear about when money may start coming in and How many days we might be talking about it certainly will be a good Topic to sit down and try to figure out what can be done Okay. Thank you. Yes Alex you've made a recommendation and you remember a memorandum. Do you just want to remind the Commission of that? Oh, yes, my recommendation was to postpone the opening of Plain Ridge indefinitely and we just wanted to try to kind of manage expectations and Obviously when we get to the point that the state and the Commission and Stakeholders all feel comfortable opening We can come back with an actual date at that point And so you do need a vote today? Without unless there are further questions for Dr. Lightbaum. Do I have a motion? Yeah, ma'am chair I move that the Commission postpone the June 1st 2020 live racing opening of Plain Ridge race course Until further notice as described in the memorandum dated May 7th 2020 in Second Any further questions? Okay, we'll do a roll call vote Commissioner Cameron. I Commissioner Brian I Commissioner Zuniga Hi Commissioner Stebbins I In chair votes. Yes. That's five zero. Thank you. Thank you, Dr. Lightbaum And you do have your next item on the agenda, which is Regarding the quarterly local aid payment and we have Chad Or our chief financial analyst who I do see on our screen. So good morning. Yes. Good morning, everyone so In accordance with budget and appropriation one zero five zero dash one four zero The quarterly local aid payment to each city in town where racing activities are conducted The amounts for this quarter's payments are calculated by using the handles from racing that took place in July August and September 2019 That said the total local aid payment for the quarter and in March 31st is 226,580 dollars and 95 cents On the second page, you will see a breakdown of the handles as well as the distribution amounts that are payable to each city in town Questions for Chad? Chad you always do such a thorough job on these very very clear straightforward. So Thank you that may explain why there aren't questions Sorry, it may come across a little bland, but I Know such thing as bland Do we have any questions firing that I do believe that Chad needs a vote here Madam chair, I move that the Commission approve the local aid quarterly payment for March 31st 2020 is provided in the In today's meeting back Second, thank you, Commissioner Cameron any questions for Chad at this point Okay, very none. Commissioner Cameron. Hi, Commissioner O'Brien I push a Zuniga Some mute. Yeah Commissioner Stebbins Difficulties I madam chair. I'm sorry. No, no problem. Okay. We have commissioner Zuniga with an eye and commissioner Stebbins Hi Hi, and the chair votes. Yes 5-0. Thank you. And thank you Chad. You know, these are really important reports reporting in procedures and practices that we really need to to Retain and comply with during this unusual time. Thank you to director Wells and to the entire team for keeping us moving on all of these these matters Next we have item and dr. Liebaum. Thank you and good luck. Thank you and Chad stay safe. Thank you. Thank you You too. Thank you Okay, I'm moving on to item number six IEB Karen. I think you'll be introducing Kate today. That's correct We have a qualifier for your consideration regarding suitability And so I'm going to turn it over to Kate Hartigan our enforcement counsel to do the presentation Good morning. Good morning, Kate Very nice to see you all. Good morning chair and commissioners The corporate qualifier for your consideration today is Kevin Charles Miller. He's a qualifier for MGM Springfield Mr. Miller has submitted all of the required forms and complied with all of the IEB's request for supplemental and updated information The IEB conducted its complete protocol for suitability for casino qualifiers And we confirmed financial stability and integrity reviewed litigation history Searched criminal history verified that no prohibited political contributions were made in Massachusetts and conducted checks of Databases Team for this investigation was comprised of trooper Kevin Owen of the Massachusetts State Police gaming enforcement unit and financial investigator Matthew Jordan IEB investigators were able to interview Mr. Miller in person at the offices of the commission at 101 Federal Street in Boston This interview took place on January 29th 2019 Mr. Miller was cooperative and forthcoming in all aspects of the investigation Mr. Miller joined MGM International in September of 2018 as the vice president of privacy in this position He is responsible for ensuring that the company collects uses and disposes of the information that it gathers from customers In a way that is compliant with the laws the jurisdictions in which the company operates Mr. Miller is based out of Las Vegas and prior to working for MGM He worked for the Environmental Protection Agency in Durham, North Carolina from January of 1992 to January of 1997 as the lead network systems analysts there He also worked for Herman Miller, Incorporated located in Zeeland, Michigan From August 1999 to January 2013 as a network architect and contractor there and then moved to Juniper Networks, Incorporated in Sunnyvale, California where he was employed from January 2013 to May 2014 as a security consultant Mr. Miller then moved to Fortnett and again in Sunnyvale, California where he was employed from May 2014 to March 2015 as their national account system engineering lead and then Mr. Miller returned to the Herman Miller, Incorporated in Zeeland, Michigan where he was employed as their chief of information security from March of 2015 to September of 2018 The background review conducted by the IEB confirmed that Mr. Miller completed his undergraduate studies at the College of Charleston Where he received a Bachelor of Science degree in computer science Mr. Miller has demonstrated to the IEB by clear and convincing evidence that he is suitable and the IEB recommends that the commission vote to find him suitable as a qualifier for MGM Springfields. Thank you Oh, Madam Chair. I think you're still on mute It's it's it's always entertaining to write material for how these meetings go virtually So first off, Kate. Thank you. Excellent presentation and and we appreciate both the written report and your oral presentation today. Do we have questions for Kate? I do believe that you are seeking a vote on this. So you do need that for for us. Commissioner O'Brien Are you able to assist on that? She's also on mute I can if Kate can remind me of Mr. Miller's full name. I'm sorry. I'm pulling it up. Certainly. His full name is Kevin Charles Miller Uh, Madam Chair, I move that the commission approve the qualifier status of MGM Employee Kevin Charles Miller as set forth this morning by Ms. Hardigan and relate any information provided to the commission earlier Thank you. Second Any questions again at this point firing none. Commissioner Cameron. Aye Commissioner O'Brien. Aye Commissioner Stebbins. Aye Fisher Zuniga. Aye And chair votes yes five zero an excellent job Thank you and again important work for us to continue to to move on at this time. So thank you and also thank you to Loretta Yes, thank you Be well, Kate. Thank you. Nice to see you all take care Okay, moving on to um item number seven. We have four subsections today uh interim general counsel gross if you could proceed and I believe we have um uh associate general counsel Troisi there she is. Carrie has joined us as well. Thank you. Good morning, Carrie Good morning Good morning, madam chair and thank you and good morning commissioners. Uh the first item up For your consideration, we have uh before you Up for potential final review and adoption are amendments to 205 cmr 134.09 relative to the use of sealed or expunged records of criminal or delinquency cases As part of the suitability review process for employees and vendors of the casinos public hearing was held um on this proposal on april 28th Which was presided over by commissioner stebbins We did receive some public comments relative to this proposal Which have been included in your packet and there were some commenters the same folks at the public hearing I certainly of course invite commissioner stebbins To offer some thoughts and comments as well I think we do want to actually pause and discuss at least one of the comments That was raised as part of the process Commissioner stebbins do you do you want to uh Chime in or should I keep going? Um keep going I can offer some comments at the end. Absolutely. Um, so the the one comment in particular Pertain to the use of information relative to delinquency matters as opposed to the sealed or expunged records that the Was the prime subject of the proposal At present the commission reg commissions regulations make clear that adjudications of delinquency Are not considered convictions for purposes of making suitability determinations However, the regulation does say that such information May be considered in making suitability determinations So the the public comment points out that under chapter 119 of the general laws section 60 That use of such information is actually limited in certain circumstances Um, and its use is permissible in some ways, but but not others It seems to me that this is an issue that the commission should review Um Or re-review as the case may be because this may have been an issue that the commission considered at some point in its history But for our purposes here today in my opinion, the issue should be separated From the amendments pertaining to the use of the sealed records The use of the delinquency information was not part of the noticing of this matter Um, and so it seems to me should be handled on its own though It is certainly an important issue that I do think we should take up So the use of sealed records though has made its way through the full promulgation process And as I mentioned, there was a public hearing so it is ripe for final review and decision by the commission here today We have included in your packet an amended small business impact statement, which would require Your review and approval as well as part of the final adoption And if you are comfortable with the language that has been proposed Ultimately a final vote of approval would be invited and that would allow Us to make the formal final filings for this amendment So I think I'll just pause there if I may and Ask if there are any questions or any discussion Madam chair you're on mute I presided over the you presided over the I did attend it. Do you want to try? Sure. Thank you, madam chair First of all, I want to thank the legal team for their good work on this and obviously is Counselor Grossman pointed out there were some additional issues raised around this around this issue of delinquencies for juveniles and Their use in some of the considerations around background checks and licensing I'm specific to the to the change Or the update to this regulation Um, I certainly want to make uh offer my thanks to to Jill Griffin in the team. Uh, Jill was Appointed contact with a number of the Stakeholder organizations that have supported this clarification and those were the folks that were able to join our our hearing Uh, the citizens action network as well as I believe greater boston legal services also weighed in so I always appreciate the hearing process when we hold a hearing and folks do step up and find time to Offer their comments and contributing Again, I think this change is going to help us Allow for proper access to to paths A pathways and careers in this industry from massachusetts residents, but I also echo what counselor grossman said We should probably go back and review Just for a level of comfort The suitability and use of these juvenile delinquencies in the process, but again as you pointed out this is kind of separate Not completely distinct but separate from the item that's up for consideration Do I have questions from other commissioners? I do have one comment or question Yeah, um, madam chair. I just I agree with uh With our interim general counsel and as well as uh commissioner stebbins that we should take up the delinquency issue at a later date in the near future And certainly the public comments now mirror Our hearing in in which they were very thoughtful about uh explaining Their ideas and their thoughts as well as the law. So, um, I just want to thank everybody again for Taking this issue seriously and help us help us understand it in a way that Really makes a lot of sense Any other questions comments? I agree that this doesn't the the comments that were raised Don't affect today's action. I'm not sure if I would recommend that we As the commission Wait on reviewing the comments with respect to The juvenile matters the commission may not need to act, but I would want to make sure that if we are processed, you know Looking at juvenile records during this this period That we are complying with the law that Pauline carry on raised So regardless of whether or not In accord with our regulation, there's any way that there's some that uh, Pauline may have raised in her Both her comments and her and her letter that suggests we might want to look very carefully at the our statutory guidance Um, I'd appreciate that to just make sure we're fully compliant with the law Yeah, madam chair. My understanding is that we had done that initially and at pawn review And our chief enforcement council actually when this comment came in has is going to pull the record to ensure Exactly what you're saying that we are in compliance with the law, but I believe believe that is is accurate Excellent. Thank you. And then we need To tweak or amend our regulation. We can make sure to keep great Boston legal services informed On our thinking make sure we're aligned Excellent. Thank you Any other questions excellent We do need a vote on this though, correct Mr. Grossman. Yes, madam chair two votes, please one on the amended small business impact statement and one on the draft language So Madam chair, I move that the commission approve the amended small business impact statement for 205 cmr 130 409 Wait a minute. Is that the right motion? Yes, it is. Yeah Okay, uh 134.09 investigation determination and appeals for gaming establishment employees and vendors as included in the commissioners packet Second Any questions or comments? Okay, commissioner Cameron. I Michelle bryan I Michelle stephens I Michelle Zuniga I Chair says yes Five zero Madam chair, I further move that the commission adopt the version of the amendments to 205 cmr 130 409 investigation determination and appeals for gaming establishment employees and vendors as included in the commissioners packet and authorize the staff to take all Necessary to finalize the regulation prom legation Thank you second Second Thank you Commissioner Cameron. Hi Commissioner O'Brien I commissioner stephens Hi Commissioner Zuniga Hi Chair votes. Yes. Thank you. Five zero Excellent work moving on to five B the BSE Thank you. And I I'd just like to turn things over to Kerry. She she's taken the lead on behalf of the legal department on the next two matters and So if I may let's carry to lead the presentation Good morning, madam chair and commissioners. Good morning So the next item on the agenda is the final draft of amendments to 205 cmr 133.04 related to the self exclusion list This regulation you saw at the end of february and voted to begin the prom legation process at that time We held a public hearing on april 28th And received no comment on this regulation And at this point are looking for a vote to finalize the prom legation process and file this regulation with the secretary of state's office Any questions commissioner Cameron? No questions. Okay. Sorry, I you lit up Always are illuminated commissioner Cameron Uh Madam chair, uh, I this was the other regulation that was uh on the agenda for our recent hearing and uh, It did not invite any public comment at the regulation hearing that we held And thank thank you commissioner stephens for presiding at that Okay Kerry your work was so excellent that there are apparently no questions Over the course of time so we can proceed perhaps with a vote Madam chair, I move that the commission approved the amended small business impact statement for 205 cmr 133.04 duration of exclusion of removing the list as included in the commissioner's packet Second Thank you Any questions comments? Moving forward commissioner Cameron. I Uh, commissioner o'brien. Hi, mr. Zuniga. Hi commissioner stephens Hi chair votes. Yes, five zero again. Sharon. Thank you Um, madam chair, I further move the commission adopt the version of mms 205 cmr 133.04 duration of exclusion and removal from the list as included in the commissioner's packet packet and authorized staff to Take all steps necessary to finalize the regulation prom legation process The second Any questions comments? Hearing none Commissioner Cameron. I Commissioner o'brien. Hi, mr. Zuniga. Hi and commissioner stephens Hi And I vote yes. I zero and again. Sharon. Thank you so much Kerry, thank you. Thank you. Um, so the next Thank you. Next on the agenda is the draft 205 cmr 109.01 Uh, which is the authority of the commission to act in an emergency situation Uh, we brought this regulation to you two weeks ago for an initial discussion. Um, and we Reached out to the licensees for comment after that Um, we did receive a few comments and we made a couple of changes to the regulation based on those comments So in your packet, you have a red line. Um, keep in mind that this this regulation is entirely new The regular two red lines just reflect changes that were made since the last time you saw it Uh, so the first change we removed the term general welfare So that um that sentence now reads that action may be taken to protect the health or safety Uh, etc There were some concerns that um, it could potentially lead to Being unintentionally overbroad For example, general welfare could relate to The financial well-being of licensees employees and that's certainly not what we intended from this regulation So we think that um using health or safety still accomplishes what we intended here And removing general welfare eliminates any potential overreaching The second change that we made was we added language to The section at the end that allows the bureau to take action immediately To clarify that in the event the bureau were taking action to close a casino They would work with the licensee to ensure that the closure was done in a safe and orderly way um, this was just in uh responding to comment that um closure isn't quite so simple as just saying The casino is closed and we're shutting the doors that there is a process that would need to be followed So we wanted to account for that in the regulation Um, any questions right question on that um, so I see that at it Isn't a correlated or parallel at at it to the commission's decision to the commission or closure The difference is that um the way the statute is written it allows the bureau to act immediately where The commission, um needs to give the licensee an opportunity first to comment But the commission could act immediately I want I want to make sure that If the commission decided to act it could act On its own and not wait for the ieb Am I am I misinterpreting this commission? I am No, but my understanding is that there are due process hearing and notice requirements that attach to us Even calling an emergency meeting and noticing That you may have a circumstance Where you need immediate in in terms of minutes or hours to make a decision And ieb can do that in a manner that doesn't require that notice And that's the distinction. Yeah, so I guess that I appreciate So in other words, we would have to give notice as we did actually On march 14. Correct. So um, and we did of course Have the full cooperation of the licensees In terms of a safe and orderly closure Do we have to worry about that with respect to this regulation? I don't think so. My understanding is is that the issue and concern raised by the licensees was sufficiently addressed in connection with ieb and the immediacy That's involved in her in their authority I think My understanding and carry you can correct me if I'm wrong that the comments back from the licensees didn't raise any Parallel concern in terms of how we wrote it in terms of commission authority Right because this is dealing with reg and I wasn't and I was going to return to carry of course, but I just know that Um, this the genesis of this regulation came from work that commissioner not well grind and I Did with you folks on on the you know back in earlier in march. So I wanted to make sure I was clear Carrying do you see any concern for that as well? No, I don't see any concern. I would echo exactly what commissioner o brian said. I think um That this change addresses the concerns from the licensees And that the process would be different in the event the commission were making the decision to close And now if you want to continue with their presentation, but I just thought that I wanted to that language I just didn't see it in connection with the commission and I was concerned. Thank you so much absolutely so Excuse me. So with this regulation We have drafted it so that it could be voted on and approved to promulgate by emergency which would allow it to go into effect immediately If we do that then we would begin the standard promulgation process after it's been put into effect by emergency Which would allow for public comment and hearing and then final promulgation Which would probably occur in two to three months. So if you're comfortable with the regulation Then we would be looking for a vote to promulgate this by emergency today And then this would go into effect immediately And I would just add that part of the emergency mechanism we're using Because we this could be done in shutting down and then putting conditions as we reopen And so this is not just a situation of shutting down. This is actually the emergency is also where we are now in terms of what we may need to do to comply with the governor's advisory board minimum requirements And or the request by the licensees and approval by iub in terms of conditions. So That's sort of why this emergency situation is ongoing and why we're why we'll be making a request that way Any questions for carrey No, just a comment that the edits seem very reasonable and um and appropriate with the intention of How we came about to to to put this regulation You know together, I I I know it was embedded in different parts of this statute Is not necessarily an entirely new regulation But i'm very comfortable proceeding with these edits any other questions any clarifications Karen, did you want to clarify? I couldn't tell if you were leaning in or not. No, no, no, no. I'm I'm all set I think the recommendation is appropriate. I think the staff and uh, I mean did a great job on putting this together It's going to be important going forward. So it certainly qualifies for an emergency regulation yes Commissioner Zuniga. I'll say I I I agree I'm very thankful and appreciative of the work that was done really over a short period of time commissioner brian leading it It really does help clarify what was really a a little bit of a A difficult statutory analysis to navigate. So I appreciate the clarity That the red provides and thank and thank you for today's clarification. It helps me. It's I reviewed this Without having a chance to speak to you in advance. So thank you So if we have no further questions or comments Uh, you do want us to vote for the next step on the emergency process Yes, madam chair Madam chair, I move that the commission approved the small business impact statement for a 205 cmr 109.01 Authority of the commission to act in an emergency situation as included in the commissioners Second Thank you. Uh, commissioner stephens Okay, hearing no further questions or comments for kary and Todd commissioner Cameron I Commissioner o'brien I commissioner zuniga I stephens I My vote. Yes. Thank you. Thank you kary. Thank you. Todd and thank you commissioner o'brien for that And madam chair. I further move the commission adopt by emergency The version of 205 cmr 109.01 Authority the commission to act in an emergency situation as included in the packet And authorize staff to take all steps necessary to commence the regulation promulgation process Second A second. Thank you, commissioner Okay, hearing no further comments again commissioner Cameron. I Commissioner o'brien I commissioner zuniga Hi, mr. Stephens Hi Thank you Chair votes. Yes, five zero. Thank you. Shara. Thank you now Carrie and Todd and particularly commissioner o'brien on the initiation. Thank you so much. Thank you All right, um, and then we have our last item under legal today. Todd if you want to take that Sure It's not I can jump in if you want me to sort of start things off and then Lead into the uh, so the legal analysis there if that's helpful. Yeah, Karen. Sure. Why don't you? Okay. Thank you. So So the uh, the reason this is on the agenda is just to get there's not a vote There's just some guidance for staff and community just some feedback from the commissioners and some guidance for staff in having a discussion with the Uh, licensees regarding the quarterly reports generally historically The quarterly reports that have been given to the commission have been quite fulsome with information about activity at the casino And also job numbers, etc Obviously with this shutdown a lot of that information is no longer Happening at the casino and therefore wouldn't be able to be translated to a quarterly report so, um, what may be helpful is for Joe Delaney just to comment on some of the uh comments from the licensees But my understanding in summary, they're asking for some kind of relief on the Requirements for the quarterly reporting Because uh, two of the three don't have their full employee staff and that's burdensome to be doing these long powerpoint presentations and doing that work uh, and so it may be an appropriate time to go back to the Statutory and regulatory requirements and they have them fulfill those requirements But not necessarily do the full report to the commission in the same way that they've been doing it before Notably though, this would just be a temporary break because we would go back once the casinos are reopened So it may be helpful just Joe would comment on their request from the from the uh casinos and then Todd can just go through what those basic requirements are by statute and regulations So you're familiar does that make sense or any commissioners have any questions on that? process Okay, so Joe are you there? Yeah So, you know, I called our licensees just to chat with them about this issue on sort of where things stand and all and The gist of it was that, you know, our licensees were Asking if they if they didn't have to do any kind of a report that would be great But if they did have to do some kind of a report They would certainly be happy to do whatever the commission requires them to do But they did request that they not have to make a Presentation in public on this big powerpoint and so on And you know the the primary issue again was the Sort of lack of staff resources to do that and the fact that a lot of the things that they would normally be reporting on Obviously aren't happening right now so I think you know that seems like a certainly a reasonable request on the part of the licensees and Um, I think you know with that I'll turn it over to Todd about sort of what the legal requirements are unless any of the commissioners have Questions for me about that Well, thanks, Joe. I mean just to pick up there We thought it would just be helpful in navigating this issue to have a broad overview of the legal requirements That pertain to the situation um And so the notion of a quarterly financial report is first referenced in section five of chapter 23k Where it simply says the commission shall promulgate regulations for the implementation administration and enforcement of chapter 23k without limitation regulations that require quarterly financial reports So it's it's a fairly simple directive in the statute Which the commission of course followed and adopted regulations governing quarterly reports And in 205 cm r 139.06 the commission established the scope and content Expected to be contained in a quarterly report filed by a gaming license It's in those regulations that the process is really driven It's described there that the report can essentially be broken down into two parts The first is a written report That provides a view of the gaming licensees financial position and a narrative commentary on operating results The second part of the quarterly report Is by regulation expected to be a certification by the licensees cfo um As to the truth of four specific statements that we make in the regulations relating to essentially the licensees financial posture These include things like the maintenance of an adequate gaming bank role The ability to pay taxes and fees imposed under both chapter 23k and 205 cm r The ability to make required capital expenditures to the gaming establishment consistent with the statute and regs and any approved plan And the ability to pay or otherwise manage certain debts So those are the four statements that are made in the regulations that the cfo or other in similarly situated individual is expected to certify um section 139.06 There's some conceptual similarity to a 10 q filing which is required of public companies But applies the concept to the gaming licensee or the at the llc level as opposed to the publicly traded corporate parent And so ultimately the commission does have some discretion as to the breadth of the submission That's a broad overview of the the statute and regs. Um, this may be a good place to pause For any discussion or questions Relative to the legal requirements or or any others that have been Are there any questions for Todd? Please hand anyone Um, I I do I have um I guess my question is this I I understand that We would not want to impose a burden on our licensees around reporting um If it's not if that the items on which they would be reporting are not critical to our current operations and analyses If they are statutorily required through our reg and through our regulations required I think that and I think I'm I haven't heard an exact recommendation on this but I would defer that report to be made to us At a reasonable time in the future So we don't have to do that now but that we would want them to report You know in terms of the whether it's a power point or how they report it doesn't matter to me at all But I would think that they would need to fulfill This report substantively in some way uh But I want to make sure that Whatever we do today somehow doesn't limit us on getting information that might be Important to us now And how that information is conveyed again I I'm not worried about The presentation I want to make sure we have we don't somehow Um inadvertently Signal that we don't need access to that information Commissioner Zunica you heard um at least in terms of from Mr. Grossman you've you've heard What is required for the items under the regs they fall very much under your expertise Do you have a recommendation as to what you would like to be to receive for reports along the way without unnecessarily burdening our licensees Yeah, thank you. Um, thank you madam chair. I I do I think there's the ability for us to Provide all all kinds of relief in terms of what is usually submitted and presented the power point the vendor spend Etc that that organically became part of the report because it was asked over the months and days and And then of the public interest that's not necessarily spelled out in regulation and that's fine For us to simply say well on the account of both the burden and the reality Of suspension of operations we can defer that You know Until we we we feel I I do want to just mention that What is spelled out in regulation? Um occurs to me that is not necessarily burdened some Is that something that we need? right away But it's something that I think is interesting It would be of interest to us During this time or at least especially prior to or shortly after the reopening Um So it is something it's it's I imagine it is a it's a one or two pager It has to be carefully considered by the cfo as to You know, and it's something that I know they're considering You know quite often these days for for obvious reasons Um, but it's something that I would like to us Have them comply with Again, it doesn't have to be the timing of it It doesn't have to be at the beginning or the middle of the or you know the end of the quarter I'm more interested in the reality of these certifications Relative to maintenance of the bankroll the taxes and fees The ability to uh to make or not or defer capital expenditures If they can not make those certifications It would in my mind at least elicit a an important discussion Or if they can then then it would have a really good It would need the purpose that we wanted from the beginning So I would be in favor of You know having furthering the conversation as to what the timing of these but more Sticking to the point of the regulation to have them comply with it Especially around as we get ready to reopen I I know that these uh certifications Must have been discussed at a certain time because they're in the regulations. So they must have been Vetted and and there must have been an opportunity for the licensees to comment comment on them So I'm anticipating that they won't won't be surprised by this request I I would recommend and I don't think we have to have a vote on this but something for the team to think about You know getting back to the licensees and saying absolutely We want to give you a relief and you know, we don't want to tax your your bandwidth on presentation or or otherwise but we do have these particular legs in place and They can fulfill that obligation at a time that makes sense And I would defer to the team and Commissioner Zunica on what what the right team is about the right time is So that we're informed operationally If that makes sense Yeah, again, it's it's it's a conversation we should have again. We can address at a later time It is entirely possible. I don't have first hand knowledge as to Whether they would or not but that that they might say There's a caveat with one or any aspect of this certification Again, something that we need to understand. That's right. It doesn't mean that You know, we're gonna we're gonna penalize them for being out of compliance or anything like that It is something that should informs us and that's the genesis Of the of the reporting requirement to begin with And that's something that I think we should continue. I agree with that Karen is that helpful feedback? Yeah Yes, that that's kind of exactly what we're looking for is it's just some kind of general guidance on to see if we're going in the right direction that We don't need the the large extravagant powerpoint type of presentation But we do still want the basic requirements in this the regulation And leave us some flexibility if the commission wants any other information, particularly right now We will still ask for it. So the commissioners And you know just want to communicate to all of you that if there's something in particular You're thinking as we're going through this process some information you want We can absolutely request that from the from the licensees and we will provide that so we have a we have a mechanism to get information But as far as just the logistics of a quarterly report Not requiring the same thing right now makes a lot of sense But I wanted to make sure that the commission was on board with that before we communicated that back to the licensees Madam madam chair, I would add um, I I certainly echo commissioners in agus points and and and what is required under a statute and regulation You know as we think about the quarterly report You know, we would have been in a time right now of anticipating a report on january through march of this year Well, that's a snapshot from the past um, you know those Those reports, I think that report would Uh, you know offer little guidance on what the reopening of gaming is going to look like in massachusetts Um, I would suggest though to karen and the team because we'd been having multiple conversations about Some new reporting requirements and some new reporting formats that we continue to work on that In and subscribe that in As as we can in quarterly reports going forward when our licensees reopen Absolutely that makes a lot of sense and and that was on joe's plate. Anyway, so exactly stay tuned on that. So thank you Other commissioner questions on this matter I don't really have a question so much as a comment That I conveyed in the briefing yesterday, which I agree with what was what's been said by the other commissioners And I also do think there should be some sort of public Acknowledgement of the status of those filings. It can be done Through joe through joe and commissioners zuniga But I do think that it should be continued to be part of what we publicly discuss even if it's pared down and even if it is not in the same format as Licenses coming in and presenting formally to us. I think public acknowledgement should continue Yes, and we can and we can coordinate on that and you know do that in a way that the commissioners are all comfortable That sounds like a great plan and always we can have a full public discourse on on these matters I think we're just really trying to reduce the You know what would be maybe a burden on them to to prepare for presentation, but this doesn't in any ways limit our ability to To discuss hash out, you know in our in our natural form, right? Okay, excellent. I I had that concern to commissioner bryan. So thank you Okay, so any other questions? It actually was an excellent exercise so that I could understand the Genesis of our quarterly reports, which I very much look forward to And and now understand Going forward what we will want to expect on a when things are fully resumed Okay, that concludes if there are no further questions item number seven So now we have the opportunity for our commissioners updates and I will turn to each of you Commissioner Cameron, do you have an update? I do as a matter of fact. Thank you I just want to kind of officially report that We've been talking about hosting a joint conference with iagra the international association of gaming regulators and iamgl the international masters of the law um That is officially this week been postponed from september of 2020 to september of 2021 And there's a team negotiating as we speak with the marionne copley to um to select new dates for uh, that will work for september of 2021 so that work has been ongoing and everyone Including Our team was in agreement and we have certainly a member our interim executive director on the board Was an agreement that this was the proper step to take because of The crisis we're in and so that is now official and that will be occurring a year later Well, thank you for that update. It's a disappointment, but I do think it's really realistic and practical. Yes Yes Thank you commissioner, um commissioner cameron for your work. I know janice riley. It's been very instrumental On that matter and then of course on um as well. Thank you for your representation on the board Anything else scale That's it. Thank you Alrighty commissioner zuniga. Do you have an update? Not today Not today. Thank you. Thank you commissioner o' brian. Do you have an update? I don't have anything today. Thank you Okay, thank you commissioner stephens Uh, no update today madam chair. Thank you Okay Well, um, I think then that we've completed number eight and I um want to thank of course maryan and Jamie for their work There's a lot of work that goes on behind the scenes that doesn't get credit in our public meetings as you all appreciate But when we're not there in person, it's hard to say. Thank you enough. Um, so to maryan and She is nimble. She is up looking at emails early and jamie. I don't know when she I think she looks at her emails in her sleep So, uh keeps everything running smoothly. Thank you so much. I could thank everyone But today it's maryan and jamie spotlight. So thank you. Um, do we have any other business that I didn't anticipate? I don't think so. All right. Thank you so much I need a motion I'm worth to adjourn second commissioner stephens got it, uh commissioner cameron I commissioner o'brien I commissioner zuniga I and commissioner stephens I I'm sure folks. Yes, those chair votes. Yes. Thank you so much And uh, everyone stay safe and thank you for joining our meeting today Thanks. Thank you. Thank you