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Is the state’s new commission studying the charitable gaming industry dealing from the bottom of the deck?

The new state budget that took effect in July created the Commission To Study The Effect Of Recent Changes Made To Charitable Gaming Laws, which held its first meeting Monday morning. Eyebrows were raised when the commission picked Rep. Laurie Sanborn (R-Bedford) as its chair, despite her and her husband operating the Concord Casino since 2018.

“I think Laurie’s a lovely person, but I don’t think she’s the right person to lead this commission,” commission member Sen. Lou D’Allesandro (D-Manchester) told NHJournal. Though he could not attend its first meeting, he said he urged other members to take actions that would be viewed as fair and transparent to the public.

“It should not be chaired by a player in the gaming industry,” D’Allesandro said.

Unlike nearly every New Hampshire state government public hearing, the commission’s meeting was not broadcast on streaming video.

Sanborn did not respond to a request for comment.

Commission member Rep. Fred Doucette (R-Salem) nominated Sanborn for the chair. She sees no problem overseeing a commission that is expected to propose changes to the gambling industry, even with her stake in the casino.

“Anything can seem like a conflict of interest depending on how you look at it,” Doucette said.

He said Sanborn brings an insider’s perspective about the casino business to her role, which will be an asset to the commission. Other legislative committees and commissions include members and chairs involved in the industries they oversee, he said.

“We’re a volunteer legislature, and we have to draw from the knowledge and expertise we have at hand,” Doucette said.

Sen. Tim Lang (R-Sanborton), another commission member, told NHJournal that Sanborn declared her conflict before being nominated, as House rules require. Lang said Sanborn got on the commission in the first place because House Speaker Sherman Packard (R-Londonderry) appointed her.

“The speaker knew Laurie’s background and chose to appoint her to the commission,” Lang said.

Packard did not respond to a request for comment.

Other members of the commission:

• Attorney General John Formella
• Rep. John Janigian (R-Salem)
• Rep. Benjamin Baroody (D-Manchester)
• Rep. Richard Ames (D-Jaffrey)
• NH Lottery Director Charles McIntyre
• Aaron Gomes, COO Peninsula Pacific Entertainment
• Norman Roberge, treasurer of the Concord Lions Club
• Giovanna Bonilla, director of events and partnerships with the Boston Billiards Club and Casino

New Hampshire allows casinos under its charitable gaming rules which limits how much players can bet and requires casinos to donate 35 percent of the house take to New Hampshire charities. The state keeps 10 percent of the revenue.

The state raised the limit on maximum single-play bets from $10 to $50 in this year’s budget as part of legislation that created the study commission. The commission will look at issues that could impact casino operations and how much charitable groups can expect in donations.

And because state revenues are at stake, some people who attended Monday’s meeting raised questions about who, if anyone, would be advocating on behalf of the taxpayers.

“I saw the casinos and I saw the charities, this is their commission. But where were the taxpayers? ” one person in attendance who asked to speak on background told NHJournal.

The commission is also expected to review the rent charities pay to the operators’ establishments that house them. This rent payment can lower the charity’s take, reducing the amount of charitable donations. Concord Casino is located in The Draft Sports Bar, also owned by the Sanborns. According to records filed with the New Hampshire Secretary of State’s Office, the Draft and Concord Casino are separate business entities.

The commission is also tasked with studying how licenses are issued in the state. The commission could recommend limiting new licenses in municipalities where there are already casinos. Andy Sanborn recently won approval from the city of Concord for a new, large-scale, 43,000-square-foot casino, called Image Casino, to be located at the end of Loudon Road.

Former Rep. Edward “Ned” Gordon (R-Bristol), who still chairs the Legislative Ethics Committee, would not comment on Sanborn’s chairmanship. The Legislative Ethics Committee only gets involved in issues where a complaint is filed.

“The Ethics Committee is not a police force,” he said.

New Hampshire has different ethical standards for different types of officials. For example, someone in the executive branch is barred from overseeing an industry in which they or a spouse has a financial interest. And under rules for the judiciary, judges must recuse themselves from cases in which they or their spouses could benefit.

However, Laurie Sanborn’s leadership of the study commission does not necessarily violate House rules for legislators. The rules require legislators to file a declaration of intent when there is a conflict of interest. Those declarations must state the nature of the conflict and whether or not the lawmaker plans to vote anyway. Declarations can also be made verbally at meetings.

D’Allesandro said the current standard simply is not good enough.

“If your husband owns a casino, or you and your husband own a casino, that’s a conflict of interest,” D’Allesandro said.

Gordon tried and failed to get the conflict of interest rules changed for legislators. He sponsored 2020’s HB 1694, which would have forced legislators to recuse themselves where there is a conflict of interest similar to the Sanborn’s. Gordon’s bill died in the Senate.

The Image Casino proposal is now the subject of a lawsuit. A dozen city residents filed an appeal in the Merrimack Superior Court of the city Planning Board’s approval for the casino. The appeal claims the Planning Board voted to approve the project without proper public notice.

Strafford County Sheriff Mark Brave and his deputies are getting the boot from Frisbie Memorial Hospital as the Rochester healthcare facility is moving its security staff in-house. Hospital administrators say it’s about money, but observers suspect the recent scandals involving Brave and his wife, Jamie, also played a role.

Brave’s contract ends on July 22, according to a letter sent to Brave this week. The hospital’s Chief Financial Officer Matt Untch told Brave the reason for the termination is finances.

“I am writing to inform you that Frisbie Memorial Hospital will be terminating our contract with the Strafford County Sheriff’s Office effective July 22nd, 2023, due to budgetary constraints and improvements to Security staffing,” Untch wrote. 

The contract with Frisbie is worth up to $100,000 annually for Brave’s department. Brave thanked the hospital administration for the contract in place for the last year and a half.

“I would like to thank the Frisbie Hospital administration and staff for utilizing my office as a resource and a tool during a time of need,” Brave said in a statement. “The SCSO team will always be available in the future to your organization if needed.”

News of the cancellation comes months after Mark Brave’s wife, Jamie Brave, left her job as Frisbie’s Chief Nursing Officer following a drunk driving arrest in December. According to police reports, Mark Brave was a passenger in the couple’s Mercedes at the time of his wife’s arrest, but he was too intoxicated to drive home. Police took the sheriff to a friend’s home nearby while his wife was booked.

The hospital has stated Jamie Brave was not involved in the original negotiations that gave the six-figure contract to her husband’s department. However, a whistleblower recently told NH Journal that Jamie Brave was key to initially bringing the sides together.

Senior Director of Marketing and Communications for Frisbie, Ellen Miller, did not mention the DUI arrest as a reason for the contract termination. Instead, she said hiring Brave’s department was always meant to be a temporary fix until the hospital could hire more of its own staff.

“Frisbie’s contract with the sheriff’s office, while valuable, was intended to be a short-term solution. As of this April, we are pleased to share that our hospital security team is once again fully staffed and able to provide 24-hour coverage,” Miller said. “By moving security services back in-house, we are able to employ full-time security staff who receive health benefits.”

According to Miller, the contract was necessary to give the hospital time to find qualified people to work as in-house security. However, the hospital previously maintained it contracted with Brave’s department to boost security following a 2020 incident that left a hospital security staffer fatally injured. Rick Semo, a Frisbie security guard, was assaulted by Tyler Thurston outside the hospital’s emergency room in December 2020. Semo died days later from his injuries.

Raising more questions is the fact that, at the time Frisbie was giving Brave’s department the $100,000-a-year contract, the hospital’s parent company was recommending cuts to the security team. 

Weeks after Semo’s death, an executive with Frisbie’s parent company, Tennessee-based HCA Healthcare, issued a report recommending the cuts to security staff. To cut security, according to an internal report obtained by NHJournal. HCA’s Kat Kemper’s report stated Frisbie needs only one security officer on duty at all times, 24/7, and one supervisor on duty 40 hours a week.

The Frisbie contract was not Brave’s only security contract. The Strafford County Sheriff’s Office also provides a deputy to the Farmington School District to serve as a School Resource Officer/Truancy Officer.

Brave, a Democrat who is New Hampshire’s first elected Black sheriff, ran for office on a platform opposing placing police officers in schools.