NATIONAL GAMBLING IMPACT STUDY
Supplemental Operating Rules
(As unanimously adopted by the Commission on 10/31/97)
The National Gambling Impact Study Commission (the "Commission") was created to conduct a
comprehensive legal and factual study of the social and economic impacts of gambling and report its findings and recommendations to the President, Congress, Governors and Native American tribal governments no later than June 20, 1999.
The Commission, established by Public Law 104-169, is an independent legislative commission which will, in general, conduct its activities in accordance with the standards and requirements of the Federal Advisory Committee Act (FACA), the Freedom of Information Act (FOIA) and the Government in the Sunshine Act (GISA), with respect to meetings, hearings, and availability of Commission records, and other matters.
Pursuant to Section 3(b)(5)(C) of the National Gambling Impact Study Commission Act (the "Act"), the Commission adopts these Supplemental Rules for the conduct of its business and intends these to be consistent with the provisions of the Act and with all other applicable federal law.
The Commission consists of nine members appointed for the life of the commission. The President of the United States, the Majority Leader of the Senate, and the Speaker of the House of Representatives each
appoints three members to the Commission. These individuals are to consult among themselves, to the extent possible, to achieve a fair and equitable representation of the various points of view regarding those issues that the commission will study.
The Commission shall meet at such times and in such places as appropriate. Unless otherwise provided for in the Act, other applicable law or these Rules. Commission meetings shall be conducted pursuant to Robert's rules of Order, where applicable. Meetings, which may include regular business meetings, hearings or site visits, will be called by the Chairman. Commission hearings, in which formal evidence or testimony may be presented, shall be held at such times and in such places as the Commission considers advisable to carry out its duties.
A quorum shall consist of a majority of the commission members serving at that time, except that the Commission may establish a lower quorum of not less than two members for subcommittees, special
meetings, site visits and hearings. The Commission, or any part thereof, may not vote when a quorum
is not present. Unless otherwise specified by the Commission, a member shall be deemed present
when participating by means of a telephonic connection which can be heard by all members of the
Commission and the public present and under circumstances in which his or her communications may
be recorded as part of the proceedings of the meeting and may vote accordingly so long as he or she
participates in the deliberations preceding the vote.
B. Open and Closed Meetings
All meetings of the Commission will be open to the public, unless otherwise determined in advance. Subcommittee meetings that have been determined by counsel to meet the requirements of 41 C.F.R.
101-6.1004(k) shall not be subject to the open meeting requirements. If, on the advice of counsel,
an ongoing and open meeting is likely to disclose information that is confidential pursuant to Section
5(d) of the Act or 5 U.S.C. 552b, the Commission shall act to close the meeting.
A notice of Commission meetings shall be published in the Federal register at least fifteen days before
the scheduled proceeding, in accordance with 41 C.F.R. 101.6.1015(B).
The Chairman shall prepare the agenda for all meetings, which shall include, but not be limited to the following: the date, time, place and the topics from the model agenda to be discussed; whether or not the meeting or portion thereof is closed to the public; the name/contact person regarding the agenda.
Any member of the Commission may submit any item to the Chairman for consideration at a meeting
or hearing of the entire Commission or any subcommittee thereof. In addition, items for consideration may be submitted by non-members, including members of the public, through an individual Commissioner. To be included in the published notice, items must be submitted no later than twenty days prior to the meeting.
D. Conduct of Meeting
Meetings will be conducted in accordance with the model agenda adopted by the Commission, subject to the usiness and nature of individual meetings. This may include:
- Call to Order and Declaration of a Quorum;
- Approval of Minutes of Previous Meetings;
- Public Comments/Invited Speakers;
- Chair's Report;
- Subcommittee Reports;
- Executive Director's Report;
- Closed Session;
- Old Business;
- New Business;
- Commission Member comments; and,
The topics for consideration at Commission meetings may be restricted to those items listed in the posted agenda. Deviations from the agenda are subject to Commission approval.
The Chairman will use the Act, these rules and Robert's Rules of Order to make any administrative or procedural determination that is required.
E. Minutes and Transcripts
A verbatim transcript of each Commission meeting, hearing and subcommittee meeting shall be made and retained by the Commission. The Executive Director shall review and correct the transcript
before distribution. Copies of transcripts of open and closed meetings shall be provided to each
Commissioner upon request. Copies of transcripts of open sessions and redacted copies of transcripts
of closed sessions, in consultation with counsel, will be provided to any individual upon request for a reasonable fee.
Minutes shall be prepared by the Executive Director and distributed to each Commissioner. Minutes
of meetings will be available to the public upon request, subject to the withholding of matters which
are confidential under the Act or other applicable federal law as determined by counsel. The minutes
will include a record of the persons present (including the names of commission members, staff and
witnesses) and a complete and accurate description of the matters discussed and conclusions reached,
and all copies of reports received, issued or approved by the Commission.
F. Public Comment
Members of the public may attend any meeting or portion of a meeting that is not closed to the public
and may, at the determination and direction of the Chairman, offer oral comment at such meeting.
The Chairman may decide in advance to exclude oral comment periods during a meeting. The
meeting announcement published in the Federal Register will note that oral comment from the public
is either included or excluded. If excluded, it will invite written comment. If included, the notice
shall specify the format of comments and method of registering. Members of the public may submit
written statements to the Commission at any time.
Witnesses who are to appear before the Commission shall file with the Commission, at least three
business days in advance of their appearance, twenty copes of a written statement of their testimony
and proposed exhibits for the benefits of the members of the Commission and staff. Witnesses' oral
testimony may be limited to a brief summary of their submission.
Testimony before Commission hearings shall be conducted under oath. The Commission may
question witnesses, who may be represented by counsel at all Commission proceedings.
When a decision or recommendation of the Commission is required, the Chairman will request a motion for a vote. Any member, including the Chairman, may make a motion for a vote. Commission business shall be transacted by a majority vote of the members present, except for: the confirmation of the appointment and termination of the Executive Director under Section 6(c)(1) of the Act; the adoption, amendment or suspension of these supplemental rules for the conduct of the Commission's business under Section 3(b)(5)(C) of the Act; and, the issuance of subpoenas under Section 5(b), all of which require a majority vote of the Commissioner members currently serving and eligible to vote. Each Commissioner shall have a single vote and, for votes requiring a majority vote as referenced above, his or her vote shall be entered by roll call during meetings or by written document outside of ongoing meetings.
VI. INFORMATION COLLECTION
Collection of information related to the economic and social impacts of gambling is critical to the work of the Commission. In general, the Executive Director, at his or her discretion, may request from any person or entity information that is available to the public. For information that is not available to the public, the Commission shall approve the request before it is made.
A. Information Collection
The Executive Director shall prepare and present to the Commission a list of persons who possess information relevant to the Commission's study and shall recommend such written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out the Commissioner's duties be requested. The Commission shall then authorize the issuance of a request to the persons as the Commission considers advisable. The information request shall be promptly issued and shall require that all requested information be provided to the Commission within thirty days of the date of the request, unless an alternative time frame is specified by the Commission. A production of written or recorded information shall not be deemed complete unless the producing person has certified in writing to the Commission the authenticity and completeness of all materials or information submitted in the manner specified in Section 5(b)(3) of the Act.
When a person or entity fails or refuses to voluntarily comply with a Commission request to provide information or data, the Commission may issue subpoenas in accordance with Section 5(b) of the Act.
The Chairman shall designate subcommittees of the Commission subject to the approval of the Commission.
A subcommittee shall be composed of no less than three members of the Commission.
The Commission may refer specific business or deliberation for the purposes of recommendation to the full Commission to a subcommittee for its consideration.
Each subcommittee chairman, subject to the approval of the Chairman and the designated federal officer, will fix the time and place for each subcommittee meeting, compose the subcommittee agenda and conduct the subcommittee meetings in conformity with these rules and applicable federal rules.
VIII. COMMISSION OFFICIALS
The Chairman is jointly designated by the President of the United States, the Majority Leader of the Senate and the Speaker of the House. The Chairman has the authority to call the initial and all subsequent meetings and appoint and terminate an Executive Director, subject to the Commission's approval, and other such personnel necessary for the Commission to perform its duties. The
Chairman also has the authority to utilize detailed government employees without reimbursement and to procure temporary and intermittent service.
The Chairman selects the Designated Federal Officer (DFO) and works with that individual to establish priorities, identify issues which must be addressed, and determine the level and types of staff and financial support required.
B. Designated Federal Officer
The DFO serves as the government's agent for all matters related to the commission's activities. The DFO, or alternate, shall approve agendas, attend all meetings, adjourn the meeting when such adjournment is in the public interest.
In addition, the DFO is responsible for providing adequate staff support to the Commission, including the following: notifying members of the time and place for each meeting; maintaining records of all meetings, including subcommittees; maintaining the roll; preparing the minutes of all meetings; attending to all official correspondence; maintaining official records and filing all papers and submission required by federal law or regulations; and, acting as the Commission agent to collect, validate and pay all vouchers for pre-approved expenditures.
The Executive Director and staff shall be under the supervision and direction of the Commission as to matters of policy, and the Executive Director shall be under the supervision and direction of the chairman as to
matters of administration. The Executive Director shall report on a monthly basis on budget, workplan and research activities to the Commissioners in the manner designated by the Commission.
All staff, including employees of entities or individuals contracted by the Commission to carry out its business shall comply with the confidentiality provisions of Section 5(d) of the Act.
Information or data obtained by the Commission which is legally confidential shall be maintained as confidential and not be disclosed by the Commission. The Executive Director shall take such actions as necessary to enforce this provision and shall ensure every individual who will have access to this information receives a copy of 18 U.S.C. 1905 before he or she has access to such information.
XI. TERMINATION OF COMMISSION
The Commission shall terminate no later than August 20, 1999.