2013 Nov 21 Lottery Commission - static./media/Publications/Commission/2013/2013... · Daniel P....
Transcript of 2013 Nov 21 Lottery Commission - static./media/Publications/Commission/2013/2013... · Daniel P....
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
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STATE OF CALIFORNIA
LOTTERY COMMISSION
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CALIFORNIA STATE LOTTERY COMMISSION
MEETING
TIME: 10:00 a.m. DATE: Thursday, November 21, 2013 PLACE: California State Lottery Commission Headquarters 700 North Tenth Street Sacramento, California --oOo--
TRANSCRIPT OF PROCEEDINGS --oOo-- Transcribed By: Cathy S. Dizon
Daniel P. Feldhaus, C.S.R., Inc. Certified Shorthand Reporters
8414 Yermo Way, Sacramento, California 95828 Telephone 916.682.9482 Fax 916.688.0723
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A P P E A R A N C E S
California State Lottery Commission
JOHN SMOLIN Chair of the Commission
NATHANIEL KIRTMAN III
Vice Chair of the Commission
GREGORY AHERN
CONNIE PEREZ
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Participating Lottery Commission Staff
PAULA LaBRIE
Acting Director
NICOLE SOLURI Chief Legal Counsel
NICHOLAS BUCHEN Deputy Director
Finance
DAVID COLE Manager
Retailer Recruitment
MARY MONTELONGO Recording Secretary
TERRY MURPHY
Deputy Director Operations
JOHN REILLY
Chief Online Marketing
AMY TONG
Deputy Director Information Technology
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A P P E A R A N C E S
Participating Lottery Commission Staff continued
ELISA S. TOPETE
Assistant to the Commission
ROBERTO ZAVALA Chief
Internal Audits
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ROLAND MOURNING, JR.
Inventor
PAULINA ISHAYA Union Representative
SEIU (California State Lottery employee)
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I N D E X Description Page 1. Call to Order 6 2. Pledge of Allegiance 6 3. Roll Call of Commissioners 6 4. Closed Session 6 5. Consider Approval of the Agenda 6 6. Approval of the Minutes of the September 26, 2013, Commission Meeting 7 7. Director’s Report 8 a. Acting Director’s Comments 8 8. Consent Calendar 13 a. Office Depot Contract Amendment to Extend Term and Add Funds 13 9. Action Items a. Facilities Master Plan 1 3 b. Simplify and Expand Retailer Incentive Program 2 1 c. Lottery Regulations 2 4 d. Customer Relationship Management (CRM) Solution Replacement 30
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I N D E X Description Page 9. Action Items e. Ratification of Contract Closeout - Natoma Technologies 32 f. Player Rewards Program Contract 3 4 g. Contract Extension for Financial Services 3 8 h. Retailer Compensation 4 1 10. Commissioner General Discussion 45 11. Scheduling Next Meetings 45 12. Public Discussion 46 Roland Mourning, Jr. 46 Paulina Ishaya 49 13. Adjournment 52
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Thursday, November 21, 2013 1
Sacramento, California 2
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CHAIR SMOLIN: Okay, I’d like to call thi s 4
meeting to order. 5
We’ll start with the Pledge of Allegiance. 6
(The Pledge of Allegiance was recited.) 7
CHAIR SMOLIN: Okay, we’ll start with the roll 8
call of the commissioners. 9
Elisa, are you going to have a stand-in? 10
MS. TOPETE: Commissioner Kirtman? 11
VICE CHAIR KIRTMAN: Here. 12
MS. TOPETE: Commissioner Ahern? 13
COMMISSIONER AHERN: Here. 14
MS. TOPETE: Commissioner Perez? 15
COMMISSIONER PEREZ: Here. 16
MS. TOPETE: Chairman Smolin? 17
CHAIR SMOLIN: Here. 18
Okay, the first item that we have is to 19
consider approval of the agenda. 20
Commissioners, do I have any changes to the 21
agenda? 22
COMMISSIONER AHERN: I’d make a motion to 23
approve the agenda. 24
VICE CHAIR KIRTMAN: Second. 25
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CHAIR SMOLIN: Roll call? 1
MS. TOPETE: Commissioner Kirtman? 2
VICE CHAIR KIRTMAN: Yes. 3
MS. TOPETE: Commissioner Ahern? 4
COMMISSIONER AHERN: Yes. 5
MS. TOPETE: Commissioner Perez? 6
COMMISSIONER PEREZ: Yes. 7
MS. TOPETE: Chairman Smolin? 8
CHAIR SMOLIN: Yes. 9
Okay, next up, is the approval of the minutes 10
from our September 26 th meeting. 11
Are there any corrections to the minutes? 12
(No response) 13
CHAIR SMOLIN: Has everyone seen them? 14
(No response) 15
CHAIR SMOLIN: Okay, can I get a motion to 16
adopt -- or approve the minutes? 17
COMMISSIONER AHERN: I’d make a motion. 18
VICE CHAIR KIRTMAN: Second. 19
CHAIR SMOLIN: Roll call, please. 20
MS. TOPETE: Commissioner Kirtman? 21
VICE CHAIR KIRTMAN: Yes. 22
MS. TOPETE: Commissioner Ahern? 23
COMMISSIONER AHERN: Yes. 24
MS. TOPETE: Commissioner Perez? 25
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COMMISSIONER PEREZ: Yes. 1
MS. TOPETE: Chairman Smolin? 2
CHAIR SMOLIN: Yes. 3
Next up, I believe, is Acting Director Paula 4
LaBrie’s report. 5
Paula? 6
ACTING DIRECTOR LaBRIE: Good morning, 7
Commissioner Smolin and Commissioners -- Chairman S molin, 8
rather, and Commissioners. 9
Today’s report, I will report on highlights of 10
our annual financial audit, as well as sales to dat e. 11
I’d also like to mention some recognition and forma lly 12
introduce two new appointees before going over the agenda 13
for today. 14
So without further ado, please join me in 15
welcoming Deputy Director of our Security and Law 16
Enforcement Division, Steve Tacchini. And we also have 17
an assistant deputy director, Chris Lewis. 18
We welcome them and congratulate them on their 19
appointment. 20
(Applause) 21
ACTING DIRECTOR LaBRIE: We’re required b y law 22
to undergo an independent -- an audit from an indep endent 23
CPA firm on an annual basis. So that has been done . And 24
I’m pleased to report that there were no material 25
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findings from this audit. This was for the fiscal year 1
2012-2013. KPMG was the CPA firm that did the audi ting. 2
The highlights there, with respect to our 3
contribution to public education, was nearly 4
$1.3 billion. Approximately $2.7 billion was paid out 5
in prizes to players; and $303 million paid out in 6
commissions, cash and bonuses, and other retailer 7
incentives. 8
With respect to sales to date, for the first 9
20 weeks in this fiscal year, sales are at $1.8 bil lion. 10
Now, compared with last year, that is an increase o f 11
about $270 million and a gain of 18 percent. 12
When I last reported to you back in, I believe 13
it was September, we were at a gain of 16 percent. So as 14
we can see, we’re on an upward trend. So I am happ y to 15
report that news. 16
The gain basically could be attributed to our 17
joining POWERBALL® back in April of 2013. That has 18
increased our overall sales of about 60 percent, co mpared 19
with a year ago. 20
In addition, we had the introduction, in late 21
September, of our $20 scratch ticket. And I’m goin g to 22
give you more details about that on the next slide. 23
And then finally, another attribute would be 24
our Hot Spot. We did a prize pay-out increase from 25
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56 percent to 63 percent; and we’re finding that, c oupled 1
with some promotions, that that has proven to be ve ry 2
steady, and increased and holding steady at that. 3
With respect to the Scratchers® overall, our 4
first full week of sales, again, that ticket was 5
introduced at the end of September. We had $17.2 m illion 6
in sales. That was a record for Scratchers® sales of 7
more than $66.8 million. It continues to be the 8
top-selling Scratchers® ticket each week so far. A nd in 9
eight weeks, it sold over $104 million. We have ha d two 10
winners of the top prize, which is $5 million. 11
And then here, you just see the snapshot in 12
terms of the overall picture for Scratchers® and th e 13
impact with the introduction of the $20 ticket. So we 14
see, again, that overall 9 to 10 percent lift, if w e look 15
at the top, on average, of where we are right now w ith 16
the introduction of that game relative to prior qua rters 17
in fiscal years. 18
Okay, and then finally, some Lottery 19
recognition. 20
I want to report that the National Association 21
of State and Provincial -- I’m sorry, it’s the 22
Northern or the National Association of State and 23
Provincial Lotteries, NASPL, presented the Californ ia 24
Lottery with a number of awards recently for advert ising 25
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around our -- mainly the POWERBALL® Snowfall and 1
California Dreaming commercial. We received ten awards 2
for that; and then one award for one of our other 3
advertisements on the Fortune 55 Scratchers®. 4
I won’t go through the list there, but I have 5
just provided the number of awards awarded in each of the 6
categories. And so I wanted to bring that up; one, to, 7
you know, thank staff for all of their hard work. I 8
mean, this is really a record in terms of the numbe r of 9
awards that were presented by NASPL to any given lo ttery 10
in any one year. And I think it’s a testament to t he 11
hard work that we put in, in launching POWERBALL®. We 12
went on an accelerated schedule. It was all hands on 13
deck. Staff had to drop other projects in order to get 14
that completed. And it showed to the other states that 15
we were joining very seriously, and we took it seri ously, 16
and wanted to make sure that our presence was felt. 17
And as we see from the sales figures, it has 18
done very -- very good things in terms of our overa ll 19
sales. 20
For today -- oh, there’s one other, and that’s 21
the Sharon Sharp Award. That was presented to us b y the 22
Public Gaming Research Institute. And that is pres ented 23
to the lottery that has the highest net increase in a 24
year to its beneficiary, ours being public educatio n. We 25
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were a bit overdue for the award. It was the fisca l year 1
of 2011-2012, where we had a 19.8 percent increase over 2
the prior year. But we were just -- we have just 3
received the award, and we happily accepted. 4
With respect to today’s items on the agenda: 5
We have approval of the Facilities Master Plan. We have 6
also some changes to simplify and expand our Retail er 7
Incentive Program. A little cleanup on Lottery 8
regulations. Customer management solution. Also, 9
ratification for a contract that was closed early, in 10
addition to a player rewards program award of RFP. 11
Contract extension for financial services. And the n 12
finally, some retailer compensation. 13
So thank you very much. 14
Unless there are any questions, I’ll bring 15
Terry up. 16
CHAIR SMOLIN: Any questions? 17
(No response) 18
CHAIR SMOLIN: No? 19
Thank you very much, Paula. 20
Okay, I think the next item we have, is the -- 21
or, I’m sorry, you said Terry? 22
ACTING DIRECTOR LaBRIE: Terry Murphy. 23
CHAIR SMOLIN: We have a consent calendar . 24
ACTING DIRECTOR LaBRIE: Oh. 25
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CHAIR SMOLIN: Next up, is a consent cale ndar. 1
There’s only one item on it, which is the Office De pot 2
contract amendment. 3
Do any of the commissioners have any questions 4
they may have? 5
(No response) 6
CHAIR SMOLIN: There will be no staff 7
presentation, unless anyone requests it. 8
(No response) 9
CHAIR SMOLIN: No? Okay, well, then can I get 10
a motion to approve? 11
COMMISSIONER AHERN: I’ll make a motion t o 12
approve the consent calendar. 13
COMMISSIONER PEREZ: I’ll second. 14
CHAIR SMOLIN: Take roll, please. 15
MS. TOPETE: Commissioner Kirtman? 16
VICE CHAIR KIRTMAN: Yes. 17
MS. TOPETE: Commissioner Ahern? 18
COMMISSIONER AHERN: Yes. 19
MS. TOPETE: Commissioner Perez? 20
COMMISSIONER PEREZ: Yes. 21
MS. TOPETE: Chairman Smolin? 22
CHAIR SMOLIN: Yes. 23
Okay, next up is action item number 1. That’s 24
the Facilities Master Plan; correct, Terry? 25
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MR. MURPHY: Yes, sir. 1
CHAIR SMOLIN: Okay. 2
MR. MURPHY: I’m sorry, “Chairman Smolin.” 3
Happy November, everybody. This will be on 4
next -- I’m here to present action item 9.a, Facili ties 5
Master Plan. 6
I want to start out, Facilities Master Plan for 7
the Lottery is just a recognition that we have a lo t of 8
facilities; and really, we want to proceed with tho se in 9
a logical way, knowing that we have different proje cts 10
coming up, regardless of a plan. Certainly, it’s b etter 11
to look at the whole suite of facilities that we ha ve. 12
The Lottery operates out of a dozen facilities 13
statewide. That includes nine district office, two 14
distribution centers, and, of course, the headquart ers 15
campus here. 16
We own the headquarters campus, the Sac 17
District Office, and the Northern Distribution Cent er. 18
We lease most of the other facilities, that 19
includes the eight other district offices and the 20
Southern Distribution Center. 21
At issue is several facilities have either 22
reached their operational limits or are getting clo se to 23
it. Basically, they don’t work as well for us as t hey 24
could. Some leases are ending; in particular, Sant a Fe 25
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Springs will be ending in May 2015. And the landlo rd has 1
already notified us they’re not going to be renewin g. 2
So, again, regardless, we’ve got projects coming up . 3
So the Facilities Master Plan was, again, the 4
idea to look at -- let’s look at the whole group, a nd 5
let’s come up with a general strategy that we’re go ing to 6
be approaching them all with. 7
We looked -- did an analysis of all the 8
facilities, focusing again on the district offices and 9
distribution centers. 10
One item that was included in that is in 2012, 11
we had had a real estate professional develop a 12
lease-versus-own study. Again, since we own part o f 13
our facilities, lease part of them, what is the bes t 14
solution? And came back with a resounding, under a lmost 15
any scenario, it’s obviously better for the Lottery to 16
own their facilities as opposed to lease them, with the 17
long-term nature of our business. 18
In the analysis then, we also looked at things 19
like the operating model. We’ve had a way that we’ ve 20
operated our district offices over time. Same with the 21
distribution centers. Was that the right thing goi ng 22
forward? Looked at other states, looked at our own 23
business and different models we saw out there. We also 24
evaluated the locations for district offices. Cert ainly 25
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in the population centers, where we have a lot of 1
retailers, a lot of players being close to them. 2
For the rural areas, is where we’re at proper 3
or is there a better way to do it? 4
Size of districts and distribution centers: 5
We looked at a 20-year projection. We looked at ou r 6
sales growth that we anticipate, along with the sta te’s 7
increasing population, and what would that look lik e 8
20 years out. Certainly, the farther out you get, you’re 9
sort of starting to throw a dart. But you need to throw 10
a dart. You need to get a best estimate of where w e 11
think we’ll be. And so in the analysis, we looked at 12
what would the size of all the facilities need to b e out 13
there. 14
And as I said, we did compare all of these 15
things to other lotteries around the country: How do 16
they operate, what are our similarities, what are t he 17
differences; and to come to the best conclusions fo r us. 18
The good news was -- you’ve got more details 19
in the issue memo -- but we do, in fact, have the r ight 20
layout of both district offices and distribution ce nters 21
relative to the location. If we move -- change a 22
facility, certainly we may look to move one a few m iles 23
one way or the other. But more or less, they’re al l in 24
the right locations. They’re in the population cen ters, 25
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where they need to be: Close to the players, close to 1
the retailers. 2
The distribution centers relative to location, 3
also right location. Our current shipping vendor, UPS, 4
is the most efficient method to have the two distri bution 5
centers. We get our packages with the Scratchers® 6
tickets to the retailers the next day, with their 7
cheapest shipping method, which is just Next-Day Gr ound. 8
Size: Again, we used a 20-year projection for 9
the district offices. That looked at things like 10
staffing levels, the use of the warehouses there, a nd 11
what would the 20-year size of those facilities nee d to 12
be. And then similar for the distribution centers. 13
In the conclusion, the good news, again, was 14
the owned facilities meet our operational needs tod ay 15
and into the future. The Sac district office recen t 16
acquisition and recent move-in, it’s got enough siz e and 17
capacity to deal with the 20-year growth. The same 18
thing with the Northern Distribution Center and the 19
headquarters campus. 20
What it does leave is recommendation of 21
converting the leased facilities that we have to ow ned 22
facilities, as we change up. As they mentioned, we have 23
a district coming up soon that we need to move out of 24
anyway. So then the proposal is, instead of lookin g for 25
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another lease, we’ll look for a purchase, and have a 1
Lottery facility. And then roll through the other 2
projects, districts, as listed in the issue memo. 3
Again, the Facilities Master Plan is really 4
just a road map for us here to follow going forward . 5
It’s you telling us: Yeah, that sounds right. As you 6
go through these projects, certainly procure them. 7
Any procurement of a property will come back to 8
the Commission, as will contracts necessary to do a ny 9
improvements and things like that. 10
So you will see action items coming up in the 11
future for contracts, procurements, and things like that. 12
Any questions? 13
CHAIR SMOLIN: Commissioners, any questio ns for 14
Terry or anyone else on the staff? 15
(No response) 16
CHAIR SMOLIN: Terry, I’d just like to -- you 17
know, I think I just heard you say that you also br ought 18
up, I think, the important point that this is just a road 19
map and that any future acquisitions are still goin g to 20
require action items. 21
MR. MURPHY: Yes. 22
CHAIR SMOLIN: But we’re not necessarily 23
locking ourselves into a long-term real estate 24
investment -- 25
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MR. MURPHY: Right. 1
CHAIR SMOLIN: -- portfolio before, you k now, 2
we can get more short-term forecasting information 3
available. So I think that’s a great idea to -- 4
MR. MURPHY: Yes. But certainly, this gives us 5
and staff here a road map to follow. 6
CHAIR SMOLIN: It looks like the Northern 7
California Distribution Center worked out perfectly , as 8
far as you had initially not the immediate need for all 9
the space, but then -- and so lease it out, which 10
probably covered a lot of your expenses -- 11
MR. MURPHY: Yes. 12
CHAIR SMOLIN: -- related to ownership? 13
MR. MURPHY: Yes. 14
CHAIR SMOLIN: Property taxes, insurance, that 15
you wouldn’t ordinarily have to cover as a lessee? 16
MR. MURPHY: Yes. 17
CHAIR SMOLIN: A lessor, I should say? 18
MR. MURPHY: It did work out well, yes, that we 19
generated that extra income during that time. 20
CHAIR SMOLIN: And you are going to obvio usly 21
use the same formula or format -- I shouldn’t say 22
“obviously” -- as far as leasing out, do you have a ny 23
anticipation for the distribution center to overbuy , as 24
far as property? 25
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MR. MURPHY: Down south, yeah. I mean, 1
basically, we’ll be working with a real estate 2
professional, certainly letting them know that that would 3
be an option for us. And I’m guessing it will come down 4
to what is available on the market when we’re looki ng. 5
CHAIR SMOLIN: And the whole plan shows s avings 6
for the Lottery, which obviously means more money t o the 7
schools. 8
But you also did that assuming, if I’m not 9
mistaken, that the depreciation value of the proper ties 10
will also -- would be the sales price -- is that my 11
understanding? -- not even considering that they ma y 12
actually, in California, appreciate in value a litt le 13
bit? 14
MR. MURPHY: Yeah, when they did the financial 15
analysis for lease-versus-own, they looked at a 20- year; 16
and said: What would happen if you did sell the 17
properties in 20 years? 18
CHAIR SMOLIN: That is the issue -- 19
MR. MURPHY: And even under -- even under the 20
situation where we had a 20-year decrease in value, it 21
was still financially better for us. So, again, ev en 22
under the most conservative scenarios, it seemed -- 23
CHAIR SMOLIN: Sure. 24
MR. MURPHY: -- sort of a no-brainer -- 25
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CHAIR SMOLIN: Okay. 1
MR. MURPHY: -- to go that way. 2
CHAIR SMOLIN: Commissioners, any -- noth ing 3
else? 4
(No response) 5
CHAIR SMOLIN: If not, could I get a motion to 6
approve 9.a? 7
COMMISSIONER AHERN: I’ll make a motion t o 8
approve 9.a. 9
COMMISSIONER PEREZ: I’ll second. 10
CHAIR SMOLIN: We’ve got more than we nee d, I 11
think, so… 12
Could I please have roll call? 13
MS. TOPETE: Commissioner Kirtman? 14
VICE CHAIR KIRTMAN: Yes. 15
MS. TOPETE: Commissioner Ahern? 16
COMMISSIONER AHERN: Yes. 17
MS. TOPETE: Commissioner Perez? 18
COMMISSIONER PEREZ: Yes. 19
MS. TOPETE: Chairman Smolin? 20
CHAIR SMOLIN: Yes. 21
Thanks, Terry. 22
Okay, next up is, I believe, Nicholas, 23
regarding action item 9.b. 24
MR. BUCHEN: Good morning, Commissioners. 25
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CHAIR SMOLIN: Good morning. 1
MR. BUCHEN: Action item 9.b is to simplify and 2
expand the Retailer Incentive Bonus Program. 3
Under the current Retailer Incentive Bonus 4
Program, the Lottery pays half a percent of the pri ze 5
amount to retailers that either sell the top prize 6
ticket, or a ticket resulting in the payment to a w inner 7
of a million dollars or more. And that depends on the 8
game. So specifically, bonuses are paid to retaile rs 9
selling the top prize tickets in Fantasy 5, Daily D erby®, 10
and raffle games, the jackpot prize tickets in Supe rLotto 11
Plus®, MEGA Millions®, and POWERBALL®; and for sell ing 12
tickets that result in payment of a prize worth a m illion 13
or more in Scratchers® and promotional games. 14
So the change before you today would allow 15
retailers to receive half a percent incentive payme nt for 16
selling a winning POWERBALL® or MEGA Millions® tick et 17
that results in the payment of a million dollars or more 18
to a winner, regardless of whether or not it’s a ja ckpot 19
prize. 20
So a good example of that is actually what 21
happened last night in POWERBALL®. No one hit the 22
$40 million jackpot, but someone got five of five w ithout 23
hitting the POWERBALL® itself; and that was worth 24
$3.2 million. So if this had been in effect for l ast 25
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night, the retailer would have gotten a half a perc ent of 1
that. 2
So this change would result in more bonuses 3
being paid to our retailers; and this would help th e 4
Lottery in acting as an incentive for retailers to join 5
our network, as we look to significantly expand our 6
retailer network. 7
And for these reasons, we recommend the 8
Commission approve the change to simplify and to ex pand 9
the Retailer Incentive Bonus Program. 10
And along with this recommendation, we will 11
periodically review the Retailer Incentive Bonus Pr ogram 12
to ensure we’re striking the appropriate balance be tween 13
giving back to our retailers and maximizing supplem ental 14
funding to education. 15
So with that, if there are any questions? 16
CHAIR SMOLIN: Commissioners, any questio ns? 17
COMMISSIONER PEREZ: I was just curious o f any 18
of the other states that carry POWERBALL®, do they have 19
a similar incentive program for their retailers? 20
MR. BUCHEN: I’m not aware. I do know, in 21
general, compared to other states, California’s inc entive 22
program is on the more generous side; but it is a f ormula 23
that’s proven successful to us thus far. 24
COMMISSIONER PEREZ: Okay. 25
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CHAIR SMOLIN: Any public comment on 9.b? 1
(No response) 2
CHAIR SMOLIN: If not, if I could have a motion 3
for approval of 9.b? 4
COMMISSIONER AHERN: I’ll make a motion t o 5
approve 9.b. 6
VICE CHAIR KIRTMAN: Second. 7
CHAIR SMOLIN: Roll call, please. 8
MS. TOPETE: Commissioner Kirtman? 9
VICE CHAIR KIRTMAN: Yes. 10
MS. TOPETE: Commissioner Ahern? 11
COMMISSIONER AHERN: Yes. 12
MS. TOPETE: Commissioner Perez? 13
COMMISSIONER PEREZ: Yes. 14
MS. TOPETE: Chairman Smolin? 15
CHAIR SMOLIN: Yes. 16
Nicholas, it looks like you’re up again, huh? 17
MR. BUCHEN: Yes. 18
CHAIR SMOLIN: Okay, Item 9.c, this is Lo ttery 19
regulations. 20
Some minor amendments, if I’m not mistaken? 21
MR. BUCHEN: Correct. 22
So before I dive into the amendments before you 23
today, I just want to give kind of a background of how we 24
got to this point. 25
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So as you recall, beginning last year, we 1
undertook a comprehensive review and revision of th e 2
Lottery’s regulations, to ensure that the regulatio ns 3
were consistent with current law and with actual pr actice 4
here at the Lottery. 5
So following solicitation and feedback from 6
various Lottery stakeholders, a significant number of 7
changes were adopted by the Commission. And this 8
occurred at the April 25 th commission meeting in 2013. 9
Since then, at the June 27 th commission 10
meeting, more amendments were adopted in the regula tions. 11
And they were specific to the MEGA Millions® game. And 12
that was primarily a matrix change that was adopted by 13
the MEGA Millions® consortium. 14
So as you noted, the changes before you today 15
are additional, clarifying, and non-substantial ove rall 16
amendments to the regulations. 17
So I’ll provide a quick overview of the 18
changes. 19
The first area of revision is to game-specific 20
provisions. And the majority of these amendments a re 21
technical changes, to make the verbiage pertaining to 22
various games consistent. 23
Within the POWERBALL® game specifically, 24
there’s changes to the prize-pool allocation. And this 25
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is to conform to a change that MUSL adopted last mo nth. 1
And essentially, that change will result in the jac kpots 2
being reached sooner. 3
The next major area of revision involves the 4
assignment of prize payments. Pursuant to Assembly 5
Bill 1332, which was enacted on September 9 th , 2013, 6
these amendments will allow winners to assign prize 7
payments scheduled during the final three years of 8
annuity. And that is, provided the agreement to as sign 9
was entered into on or after the effective date of the 10
bill. 11
And then also in this section, the word 12
“voluntary” was removed in certain paragraphs to mo re 13
accurately conform to current Lottery Act provision s. 14
And the next major area of revision is in the 15
retailer regulations. And the first -- there’s 16
requirements governing background checks for corpor ate 17
retailers; and these provisions were changed to foc us on 18
the persons actually responsible for operations, ha ving 19
the potential to impact the security and sale of Lo ttery 20
products. 21
In addition, a provision was added to expressly 22
provide for termination of a retailer contract, whe re 23
the Lottery has determined the retailer location po ses 24
an unacceptable risk to the Lottery. 25
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California State Lottery Commission Meeting – November 21, 2013
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And various provisions were revised to clarify 1
that the relationship between the Lottery and its 2
retailer is purely a contractual and business 3
relationship. 4
There were amendments to clarify the fact that 5
probation is an agreed-to agreement and not a condi tion 6
that the Lottery imposes on retailers. 7
And the last area of revision within the 8
retailer regulations was the Retailer Incentive Bon us 9
Program that I just described in the previous actio n 10
item. 11
And I will be noting some amendments to that 12
language that’s actually in your packet. So that w ill 13
have to be adopted today. 14
The final area of revision involves the 15
procurement of goods and services; and a provision 16
expressly allowing the submission of bid documents with 17
a confidential or proprietary designation was elimi nated. 18
Language was added to clarify that exceptions to th e 19
formal bid process are equally applicable to our in formal 20
process. 21
And then finally, in addition, an additional 22
exception was added to the informal bid situation t hat 23
involves the purchase of training services for indi vidual 24
employees in furtherance of their specific employme nt 25
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California State Lottery Commission Meeting – November 21, 2013
28
obligations or goals. 1
So we’d recommend that the Commission adopt 2
the regulations. And I’d like to read into the rec ord 3
the amended section pertaining to the Retailer Ince ntive 4
Bonus Program. And so this is in section 7.10.2.B( 1)(c) 5
is the first one. 6
So the language is, “A retailer that sells a 7
valid winning MEGA Millions® ticket resulting in th e 8
payment of a prize of $1 million or more to a winne r will 9
receive a bonus payment equal to 0.5 percent of the cash 10
value of a player’s winnings; or in the case of the 11
jackpot prize, 0.5 percent of the advertised estima ted 12
annuity jackpot value of the player’s winnings, 13
regardless of the payment option selected, up to a 14
maximum of a million dollars.” 15
So what was added is the differentiation 16
between the cash value versus annuity. The annuity only 17
applies to the jackpot. 18
Similarly, in 7.10.2.B(1)(d), “A retailer that 19
sells a valid winning POWERBALL® ticket resulting i n the 20
payment of a prize of a million or more to a winner will 21
receive a bonus payment equal to 0.5 percent of the cash 22
value of a player’s winnings; or in the case of the 23
jackpot prize, 0.5 percent of the advertised estima ted 24
annuity jackpot value of the player’s winnings, 25
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regardless of the payment option selected, up to a 1
maximum of a million dollars.” 2
So with that change, we would like the amended 3
regulations adopted. 4
CHAIR SMOLIN: Okay. Commissioners, any 5
questions or comments regarding 9.c? 6
(No response) 7
CHAIR SMOLIN: Okay, any public comment or 8
addressing the Commission regarding 9.c? 9
(No response) 10
CHAIR SMOLIN: Seeing none, I would ask for a 11
motion to adopt 9.c. 12
VICE CHAIR KIRTMAN: I’ll make a motion t o 13
adopt 9.c for the amended regulations. 14
COMMISSIONER PEREZ: Second. 15
CHAIR SMOLIN: Okay, Greg you’re quick to day. 16
I like it. You’re getting them all. 17
Could I get a roll call, please? 18
MS. TOPETE: Commissioner Kirtman? 19
VICE CHAIR KIRTMAN: Yes. 20
MS. TOPETE: Commissioner Ahern? 21
COMMISSIONER AHERN: Yes. 22
MS. TOPETE: Commissioner Perez? 23
COMMISSIONER PEREZ: Yes. 24
MS. TOPETE: Chairman Smolin? 25
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CHAIR SMOLIN: Yes. 1
Okay, next up, Nicholas gets a break now. And 2
I think we have Amy coming up, regarding the CRM So lution 3
replacement. 4
MS. TONG: Good morning, Commissioners. 5
At the last Commission meeting, the deputy 6
director of Sales, Michele Tong, and I made a joint 7
presentation of identifying the need of updating a 8
solution for our sales force to help them with the 9
customer relationship management. 10
As we stated at the last meeting, the current 11
solution there in use, it’s aging technology and it ’s not 12
meeting their need, especially when they are -- mos t of 13
the work are being done in the field. 14
With that, we have conducted extensive research 15
on the good solution out there that would be the be st fit 16
for the California Lottery. And we are recommendin g a 17
solution being provided by the company called Hudso n 18
Alley of a CRM solution to be used for the Lottery. 19
With that research, we have gone to the 20
industry, checking the various CRM service provider s, to 21
see how their solutions are meeting our needs. 22
We have seen numerous demonstration by them, 23
as well as checking with other lottery jurisdiction s, and 24
send out a formal request for information that was 25
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California State Lottery Commission Meeting – November 21, 2013
31
released to the industry to ask for feedback. 1
And based on all those research and looking at 2
17 other lottery jurisdictions, it’s already in use of 3
this particular solution that we’re recommending, w e feel 4
fairly comfortable with recommending Hudson Alley, going 5
into subscribing the solution that provide for a 6
three-year period. 7
And the subscription would be coming with an 8
initial one-time payment up-front to start up and 9
configure the solution to our needs; and then a 10
subsequent $115 per month, per user, for the three- year 11
period, for close to 300 sales force for Lottery. 12
And there are 10 days of training classes that 13
were provided to our staff, along with the implemen tation 14
of the solution to ensure that this can be utilized . 15
So with all of those, we are asking the 16
Commission for approval of such procurement. 17
CHAIR SMOLIN: Thanks, Amy. 18
Any questions, discussion, comments from the 19
Commission? 20
(No response) 21
CHAIR SMOLIN: Public comment? 22
(No response) 23
CHAIR SMOLIN: Then I would ask for a motion 24
for approval of 9.d, “Customer relationship managem ent, 25
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32
solution replacement.” 1
COMMISSIONER PEREZ: I’ll make a motion t o 2
approve. 3
VICE CHAIR KIRTMAN: Second. 4
CHAIR SMOLIN: Roll call, please. 5
MS. TOPETE: Commissioner Kirtman? 6
VICE CHAIR KIRTMAN: Yes. 7
MS. TOPETE: Commissioner Ahern? 8
COMMISSIONER AHERN: Yes. 9
MS. TOPETE: Commissioner Perez? 10
COMMISSIONER PEREZ: Yes. 11
MS. TOPETE: Chairman Smolin? 12
CHAIR SMOLIN: Yes. 13
Amy, it’s you again. 14
MS. TONG: That’s right. 15
CHAIR SMOLIN: Okay. 16
MS. TONG: The second item is actually an 17
ratification of a contract that was recently closed out. 18
CHAIR SMOLIN: Did you guys set it up thi s way, 19
so you can just come up once? 20
MS. TONG: That’s right. Efficiency, right? 21
A contract was brought to the Commission back 22
in 2012 because of it was a large dollar amount, to work 23
on our Business Analytics and Business Intelligence 24
System. 25
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California State Lottery Commission Meeting – November 21, 2013
33
And after a year and a half of hard work by 1
our contractors and our team members here at the Lo ttery, 2
the scope of work was actually completed ahead of 3
schedule and under budget. So instead of letting t he 4
contract expire on its own -- which it’s originally 5
scheduled for May of 2014 -- we took the effort, an d in 6
closing out the contract, so it would be wrapped up 7
appropriately. 8
In that closeout process, we have inadvertently 9
left out a step of bringing the contract back to th e 10
Commission for approval for closing out the contrac t. 11
So, therefore, we are asking for a ratification of the 12
Commission today to ratify the closeout of such a 13
contract. 14
CHAIR SMOLIN: Okay. Commissioners? 15
COMMISSIONER AHERN: Pretty straightforwa rd. 16
CHAIR SMOLIN: Pretty straightforward? O kay, 17
thank you. 18
COMMISSIONER AHERN: I’ll make a motion t o 19
accept. 20
CHAIR SMOLIN: Okay, would the public lik e to 21
discuss this item? 22
(No response) 23
CHAIR SMOLIN: If not, would you like to go 24
ahead and -- 25
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California State Lottery Commission Meeting – November 21, 2013
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VICE CHAIR KIRTMAN: Second. 1
CHAIR SMOLIN: -- make that motion, Greg? 2
COMMISSIONER AHERN: Motion. 3
VICE CHAIR KIRTMAN: Second. 4
CHAIR SMOLIN: Roll call, please. 5
MS. TOPETE: Commissioner Kirtman? 6
VICE CHAIR KIRTMAN: Yes. 7
MS. TOPETE: Commissioner Ahern? 8
COMMISSIONER AHERN: Yes. 9
MS. TOPETE: Commissioner Perez? 10
COMMISSIONER PEREZ: Yes. 11
MS. TOPETE: Chairman Smolin? 12
CHAIR SMOLIN: Yes. 13
Okay, great. 14
MS. TONG: Thank you. 15
CHAIR SMOLIN: All right. 16
Okay, next up, we have John Reilly, regarding 17
player rewards program. 18
MR. REILLY: And I promise to only be up here 19
once. 20
Good morning, Chairman. Good morning, 21
Commissioners. 22
CHAIR SMOLIN: Good morning. 23
MR. REILLY: Item 9.f, the Players Rewards 24
Program. 25
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California State Lottery Commission Meeting – November 21, 2013
35
Staff is recommending contracting with 1
Scientific Games to develop, implement, support a p layer 2
rewards program. 3
Scientific Games, during the solicitation 4
process, received “significantly exceeds” for the P hase 1 5
related evaluation -- rated evaluation, and rating of 6
“exceeds” for the Phase 2 finalist competition. 7
In addition, Scientific Games had the most 8
favorable pricing, and offered the best value to th e 9
Lottery in terms of experience with existing player 10
rewards programs and platforms, points management, 11
controls which align with the Lottery’s responsible 12
gaming program, account personnel, and additional 13
added-value offerings which will allow the Lottery to 14
save money in the future. 15
The initial term of the contract will be 16
five years, commencing on the day of the contract 17
execution. The contract value should not exceed 18
1 percent of the Scratchers® prize fund per year. 19
Among other attributes, Scientific Games 20
differentiated itself with a proven lottery rewards 21
platform, which is based on the submission of non-w inning 22
Scratchers® tickets for points, which is how the Lo ttery 23
will introduce its player rewards program. 24
In addition, Scientific Games proposed to 25
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California State Lottery Commission Meeting – November 21, 2013
36
provide value-added services to support its program . For 1
example, they will provide a credit towards the lic ensing 2
fee for most of its licensed properties, such as Wheel of 3
Fortune, which the Lottery is scheduled to launch in 4
June 2014. 5
Additionally, Sci Games proposed opening a 6
customer service unit in California and to staff it with 7
disabled veterans. They may also consider establis hing a 8
new prize distribution center in California. 9
Sci Games programs have player-selected caps on 10
submission and point accumulation, which aligns wit h the 11
Lottery’s policy for its responsible gaming program . 12
As part of the program, Scientific Games will 13
create an online catalog of prizes. A major portio n of 14
this catalog will be California prizes. Those item s that 15
are retailers -- California Lottery retailers can o ffer, 16
that type of merchandise is made by California comp anies, 17
and experiential and aspirational prizes that can b e had 18
in California. 19
Therefore, today, I’m here to seek your 20
approval to award a contract to Scientific Games fo r the 21
development, implementation, and support of a playe r 22
rewards program. 23
CHAIR SMOLIN: Commissioners? 24
COMMISSIONER AHERN: I have one question I 25
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California State Lottery Commission Meeting – November 21, 2013
37
forgot to ask during the briefing. 1
Who would handle any discrepancies between the 2
player claiming he had more bonus points or prize p oints? 3
Would it be the Lottery or SG? 4
MR. REILLY: It would be a collaboration 5
between the Lottery and Scientific Games. They wou ld 6
have the data, but we would interface with the cons umer. 7
COMMISSIONER AHERN: Okay. 8
MR. REILLY: Or the player. 9
CHAIR SMOLIN: Any public comment? 10
(No response) 11
CHAIR SMOLIN: If none, can I hear a motion for 12
approval of 9.f? 13
VICE CHAIR KIRTMAN: I’ll make a motion t o 14
approve action item 9.f. 15
COMMISSIONER PEREZ: Second. 16
CHAIR SMOLIN: Second? Okay. 17
Will you please take roll, Secretary? 18
MS. TOPETE: Commissioner Kirtman? 19
VICE CHAIR KIRTMAN: Yes. 20
MS. TOPETE: Commissioner Ahern? 21
COMMISSIONER AHERN: Yes. 22
MS. TOPETE: Yes? 23
COMMISSIONER AHERN: Yes. 24
MS. TOPETE: Commissioner Perez? 25
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California State Lottery Commission Meeting – November 21, 2013
38
COMMISSIONER PEREZ: Yes. 1
MS. TOPETE: Chairman Smolin? 2
CHAIR SMOLIN: Yes. 3
MR. REILLY: Thank you, John. 4
CHAIR SMOLIN: Thank you. 5
Next up, we have action item 9.g, which is the 6
contract extension for financial services, with Rob erto. 7
MR. ZAVALA: Good morning. 8
CHAIR SMOLIN: Good morning. 9
MR. ZAVALA: I have before you action item 9.g. 10
it’s regarding the external auditor, KPMG. We have been 11
in service with KPMG since May of 2011. 12
As Paula noted, they have completed our 13
financial statement audit on time this year. And t hey’ve 14
been certainly doing it every year that we’ve asked them 15
to. 16
We initially approved their contract back in 17
2011 for $700,000. And it was for three years, wit h an 18
option of two-year extensions. 19
As I noted, we’ve been satisfied with their 20
work. We have received their audit reports timely. 21
And we’re asking the Commission to approve an exten sion 22
of just one year, the option year. And that will g ive 23
us enough time to go out for an RFP in the coming y ear, 24
2014, to put in place a brand-new contract in Janua ry 25
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California State Lottery Commission Meeting – November 21, 2013
39
2015. 1
This is not a request for additional funding; 2
it’s just only time. So I respectfully ask the ext ension 3
of the contract. 4
CHAIR SMOLIN: Okay, Commissioners, any 5
questions, comments? 6
(No response) 7
CHAIR SMOLIN: Roberto, I’m just curious, when 8
you say “completed the audit on time,” what exactly -- 9
what is on time for you? 10
MR. ZAVALA: Certainly. According to our 11
Lottery Act, it requires us to have the audit compl eted 12
by October the 15 th of every year. And that coincides 13
with the requirements that the State Controller als o gets 14
the audit report, so they can go ahead and do their own 15
analysis on it, on a -- they do a fourth-quarter an alysis 16
that they rely on the records that come out of this 17
audit. 18
Certainly, it also means that they help us do 19
our consolidated financial statements at the end of this 20
year, which are still pending. But the audit repor t 21
itself is in your hands, I believe; and it is compl eted, 22
typically, on an October basis. 23
CHAIR SMOLIN: Okay. 24
MR. ZAVALA: So they haven’t missed it. We’ve 25
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California State Lottery Commission Meeting – November 21, 2013
40
been very satisfied, again, with their services. 1
CHAIR SMOLIN: Great. 2
MR. ZAVALA: Uh-huh. 3
CHAIR SMOLIN: When was the last time an RFP 4
went out? Was prior to 2011, when they -- 5
MR. ZAVALA: Yes. 6
CHAIR SMOLIN: Were there other -- who we re the 7
other bidders? Or were there other bidders? 8
MR. ZAVALA: Certainly, there were. There 9
was -- if my memory serves me right, I think -- I b elieve 10
Macias, Gini & O’Connell was one of them. Moss Ada ms as 11
well, I believe. And I think those are the only tw o that 12
I recall off the top of my head. 13
CHAIR SMOLIN: Okay. 14
Would anyone in the public like to address the 15
Commission on this item? 16
(No response) 17
CHAIR SMOLIN: Seeing none, do I hear a motion 18
for approval of the contract extension for financia l 19
services? 20
COMMISSIONER PEREZ: I’ll make a motion t o 21
approve it. 22
COMMISSIONER AHERN: Second. 23
CHAIR SMOLIN: Thank you. 24
Will the secretary please take roll? 25
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California State Lottery Commission Meeting – November 21, 2013
41
MS. TOPETE: Commissioner Kirtman? 1
VICE CHAIR KIRTMAN: Yes. 2
MS. TOPETE: Commissioner Ahern? 3
COMMISSIONER AHERN: Yes. 4
MS. TOPETE: Commissioner Perez? 5
COMMISSIONER PEREZ: Yes. 6
MS. TOPETE: Chairman Smolin? 7
CHAIR SMOLIN: Yes. Okay. 8
MR. ZAVALA: Thank you. 9
CHAIR SMOLIN: Well, Roberto, if you like them, 10
then we like them, so… 11
Okay, I think last up on the action items , 12
would be David Cole regarding retailer compensation . 13
MR. COLE: Good morning, Commissioners. 14
I want to apologize in advance. I had to borrow a cough 15
item from Lisa. I think she gave it to me yesterda y. 16
So I apologize in advance. 17
My name is David Cole. I’m here to bring forth 18
item 9.h, which is retailer compensation. 19
Should the California -- I won’t read the whole 20
issue memo to you because you already have it. You ’ve 21
been briefed. 22
So should the California State Lottery 23
Commission approve a retailer compensation structur e 24
acceptable to CVS Caremark Corporation, CVS, which will 25
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California State Lottery Commission Meeting – November 21, 2013
42
result in an overall compensation plan to CVS of 1
4 percent of tickets or shares sold. 2
The reason I’m here, bringing this for you, is 3
because the Lottery regulations section -- and I’ll use 4
Nick’s “little C, big C” item -- 7.10.5.C requires that 5
the Lottery director obtain Commission approval bef ore 6
implementing a business compensation model that res ults 7
in an overall compensation plan to a retailer that is 8
less than 5 percent of tickets or shares sold. 9
The Lottery has developed alternative 10
compensation structure with CVS as a route model re tailer 11
under the Lottery’s route service business model. 12
The route service business model provides 13
self-service vending machines to each retailer; and at 14
that location, we do the servicing as the Lottery, and 15
the retailer doesn’t have to. 16
So let me give you a little background, just 17
so you know where we’re at. We started piloting th is 18
program at 2009 with 28 locations. And then in 201 0, we 19
grew it to 362 stores. 20
The revenue was around $28 million. And in 21
that time, CVS has bought Long’s Drugs, if you’re f rom 22
California, and many other retailers, and grown to 839 23
locations. 24
So we’ve analyzed the data, looked at the sales 25
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California State Lottery Commission Meeting – November 21, 2013
43
trends; and we project we can go from about $28 mil lion, 1
to $120 million by providing this route model over the 2
next couple years. 3
The biggest thing is, when you’re on the route 4
model, the sales are about double: About 3,000 a w eek 5
per store in the route model versus a traditional s tore 6
of about 1,500. 7
So in conclusion, I’m here today asking for 8
your approval of this matter. 9
And I’ll take any questions you might have. 10
CHAIR SMOLIN: Commissioners? 11
(No response) 12
CHAIR SMOLIN: David, I just wanted to confirm, 13
is CVS operating under the 6 percent model right no w on 14
the…? 15
MR. COLE: Great question. 16
So the 362 in Southern California are operating 17
under the route model, and the other stores are act ing as 18
a traditional so they are getting paid the 6 percen t. 19
CHAIR SMOLIN: Okay. 20
MR. COLE: But they’re not making as much 21
money, obviously, because it’s very difficult; most 22
retailers are running their staffs short. So, you know, 23
you go there, and you find empty bins. 24
So when we’re servicing it ourselves, we’re 25
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California State Lottery Commission Meeting – November 21, 2013
44
there every week, the bins are full, we’re counting the 1
money, we’re putting up the point of sale. So the 2
structure is higher. 3
CHAIR SMOLIN: Sure, okay. 4
MR. COLE: So even making less of a percentage, 5
the reality is, their sales are greater. 6
CHAIR SMOLIN: Okay, great. Fantastic. 7
Well, it sounds like a good deal for us. 8
So does the public have any comments on this 9
item? 10
(No response) 11
CHAIR SMOLIN: No? 12
If not, do I hear a motion to approve? 13
COMMISSIONER AHERN: I’ll make a motion t o 14
approve. 15
COMMISSIONER PEREZ: Second. 16
CHAIR SMOLIN: Will the secretary please take 17
roll? 18
MS. TOPETE: Commissioner Kirtman? 19
VICE CHAIR KIRTMAN: Yes. 20
MS. TOPETE: Commissioner Ahern? 21
COMMISSIONER AHERN: Yes. 22
MS. TOPETE: Commissioner Perez? 23
COMMISSIONER PEREZ: Yes 24
MS. TOPETE: Chairman Smolin? 25
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California State Lottery Commission Meeting – November 21, 2013
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CHAIR SMOLIN: Yes. 1
MR. COLE: Thank you. 2
CHAIR SMOLIN: Thank you. 3
Okay, next up is Commissioner General 4
Discussion. 5
Do any commissioners have any items they’d like 6
to bring up for discussion? 7
VICE CHAIR KIRTMAN: No. 8
CHAIR SMOLIN: Well, I’ll just take this brief 9
moment to thank -- looking backwards, I’d like to t hank 10
Phil Tagami for acting as our chairman for, what, a lmost 11
two years. I know he has got a lot going on, so I 12
appreciate his service. 13
And I would also like to thank, moving forward, 14
Paula, for stepping into the acting director spot. It’s 15
been seamless. So things are looking great. Every one 16
seems to be happy campers, and we’re making money. So 17
that’s a great thing, so… 18
ACTING DIRECTOR LaBRIE: Thank you. 19
CHAIR SMOLIN: Our next scheduled meeting s 20
are -- I know they’ve changed a bit, but I think we have 21
them now, if these are the correct dates: February 27 th , 22
March 27 th , May 22 nd, and June 26 th , correct? 23
I’d say that’s pretty good, considering, I 24
think, we’re supposed to meet once a quarter. We’v e been 25
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California State Lottery Commission Meeting – November 21, 2013
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doing more than our share of work. So thanks to th e 1
Commission for being here for all those meetings an d for 2
the staff for preparing us for these meetings. 3
Next up, Public Discussion. 4
I see here there are some people who have 5
signed up. So if they know their order, I think we have 6
Roland going first; is that correct? Is he here? 7
Okay, I’ve got you so far as “Roland.” 8
If you could just state your full name for the 9
record, please. 10
MR. MOURNING: My full name is Roland Mourning, 11
Jr. I’m from California -- from Pittsburg, Califor nia, 12
actually. 13
COMMISSIONER AHERN: You need to speak up . 14
MR. MOURNING: I’m from Pittsburg, California. 15
I’m from California -- did you hear me that time? 16
COMMISSIONER AHERN: I got it --, Califor nia, 17
yeah. 18
MR. MOURNING: Okay, thank you. 19
I’m from California. This is my first meeting, 20
so… 21
My idea for the State of California, is to try 22
to implicate something with the Second Chance drawi ng 23
system. 24
One way that we could probably make it more 25
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California State Lottery Commission Meeting – November 21, 2013
47
profitable and make it greener and recycle a lot of the 1
tickets is to probably implicate a system with GTEC H for 2
the little terminals. Maybe a plastic bag right th ere on 3
the terminal. 4
I’m an inventor. I made a pen, as you can see, 5
that scratches Lottery tickets. You push a button, and 6
it cleans up the mess, probably scratching any of t he 7
little places that’s really hard to scratch with a coin. 8
I was thinking maybe a bar code on the pen. 9
Maybe scan the pen at the store. Maybe scan a tick et at 10
the store and throw away the ticket right at the st ore. 11
The tickets are all over the place. A lot of peopl e 12
don’t play it after they lose a dollar. They’re 13
discouraged, so they just throw the ticket away, wi thout 14
even entering for the second chance. 15
I don’t know the percentage right now on how 16
many people play afterwards, the second chance; but 17
everybody that I ran into at the store, and I asked 18
questions about it, they all said that they wouldn’ t go 19
home and do it because it was too tedious to enter 20
13 numbers on a computer. 21
A lot of people don’t have computers to do 22
that. And it’s not acceptable on their phone, eith er. 23
They can’t reach it. So a lot of people don’t 24
participate. 25
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
48
I’m thinking, if we could have a new system, 1
maybe implicating what we already have in order, th at 2
more people would play. They would probably scratc h the 3
ticket at the store, scan the ticket at the store, and 4
have that system be hooked up to an e-mail where, a fter 5
you scan the pen, scan your ticket, throw it away a t the 6
store. No more mess outside the store. If they wa nted 7
to go home, they would throw the mess away at home. But 8
this would, like, clean up the mess completely. An d 9
California would be the first lottery system to act ually 10
go green. 11
With no mess of the tickets, which my pen would 12
get rid of, and no mess of the tickets outside the store 13
because we have the second chance e-mail already ho oked 14
up at the store. So nobody would have to go home. 15
Oh, sorry about that 16
CHAIR SMOLIN: Okay. 17
MR. MOURNING: That’s what I had to say. 18
Any questions? 19
CHAIR SMOLIN: No. 20
Thank you very much for your interest in the 21
Lottery, and we appreciate you coming up here. 22
MR. MOURNING: Cool. Thank you. 23
CHAIR SMOLIN: Do we have another member of the 24
audience who would like to address the Commission? 25
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
49
If you could just also state your name for the 1
record, please. 2
MS. ISHAYA: Absolutely, Chairman. 3
My name is Paulina Ishaya. I am a district 4
sales representative at the California State Lotter y. 5
I am one of about 200 faces out in the field, promo ting 6
your product. 7
I am here today on behalf of SEIU. I also 8
happen to be a union steward, which represents all of our 9
employees. I had originally planned to address the 10
Commission today regarding a Retailer Code of Condu ct. 11
Our Retailer Code of Conduct, we felt, was 12
inadequate in protecting or preventing harassment, 13
intimidation, bullying in our work environment at o ur 14
retail locations. It wasn’t very clear; it wasn’t very 15
easy to find. 16
Two days ago, we were notified by executive 17
management that they will be including that as part of 18
the new application, and working to perhaps address these 19
concerns with the retailers. 20
So at this moment, we will not be addressing 21
that issue. But today, I will be addressing -- 22
CHAIR SMOLIN: Just to mention, we have l imited 23
time, so… 24
MS. ISHAYA: I will be addressing the van 25
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
50
safety concern, very recently. And I have some pho tos 1
here I’d like to share with the Commissioners. 2
CHAIR SMOLIN: I have -- is this just the one 3
set? 4
ACTING DIRECTOR LaBRIE: That’s the set, yes. 5
CHAIR SMOLIN: That’s a van? Okay. 6
That’s a van? 7
Yeah. 8
MS. ISHAYA: There’s also an article in there 9
that you should consider looking at. 10
CHAIR SMOLIN: Sure. Yeah. You can keep that 11
for your file. I got one. 12
MS. ISHAYA: The Lottery has recently purchased 13
30 new Dodge Ram cargo vans. These vehicles do not have 14
windows in the back, they do not have windows on th e side 15
panels. 16
We are civil servants working in the public. 17
We are making lane changes. we are merging onto 18
freeways. We believe this to be a threat to our he alth 19
and safety. Not only ours, but the general public. 20
I’m not sure if you’re aware, but in this 21
packet that I’ve given you, very recently, there wa s an 22
article in The State Worker, $20 million State Fund 23
tapped out because of two accidents involving state 24
workers. 25
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
51
We believe that these vans are a liability. 1
We believe that the State of California does not wa nt 2
this liability. As you can see very recently in The 3
Sacramento Bee, it talked about a $21 million tap-out of 4
our general fund to pay out accidents such as these . 5
We have attempted for weeks and a few months 6
now to address these concerns with our HR departmen t. 7
There has been some mention of windows; but we do n ot 8
feel that it is coming fast enough. We have had 9
employees reporting several near-misses. 10
Commissioners Perez, one, lives and works in 11
Bakersfield, is in your neck of the woods. You kno w what 12
the fog could be like. 13
Sheriff Ahern -- Sheriff, in your history of 14
civil service, I’m sure you can imagine blind spots . 15
Driving without a rear-view mirror or window, havin g your 16
vision obstructed. This is a genuine health and sa fety 17
concern, and it’s not being resolved fast enough. 18
And the life of one of our public civil 19
servants is worth a heck of a lot more than the cos t of 20
30 vehicles having windows put in them. 21
CHAIR SMOLIN: I couldn’t -- I don’t thin k 22
anyone would disagree with that. We thank you. We take 23
this matter very seriously. 24
MS. ISHAYA: As do we. It’s a liability. 25
Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
52
CHAIR SMOLIN: And I appreciate the 1
information. I’ll go ahead and take a look at this . 2
MS. ISHAYA: Thank you. 3
CHAIR SMOLIN: My understanding is, there is a 4
process, and it’s moving through the process right now. 5
So I’d just like to thank you for showing your 6
interest in the employees. 7
MS. ISHAYA: Sure. Thank you. 8
And the weather was rainy, gray, foggy, thick. 9
CHAIR SMOLIN: Dangerous to drive in. 10
MS. ISHAYA: Every day. 11
Thank you. 12
CHAIR SMOLIN: Okay, is there any other m ember 13
of the public who would like to address the Commiss ion? 14
(No response) 15
CHAIR SMOLIN: If not, then this meeting is 16
adjourned. 17
Thank you very much for coming. 18
(Gavel was sounded.) 19
(The Commission meeting concluded.) 20
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Daniel P. Feldhaus, CSR, Inc. 916.682.9482
California State Lottery Commission Meeting – November 21, 2013
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TRANSCRIBER’S CERTIFICATE 1
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This is to certify that: I transcribed to the 3
best of my ability from an audio file provided to m e by 4
the California State Lottery Commission; and the 5
foregoing pages 1 to 52 inclusive, contain a full 6
statement and record of said audio recording. 7
In witness whereof, I have hereunto set my hand 8
on the 10 th day of December 2013. 9
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Cathy S. Dizon 13
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