Commonwealth Court issues injunction
Commonwealth Court granted an emergency injunction Thursday to state Treasurer Rob McCord, allowing him to attend executive sessions of the Gaming Control Board (GCB) and the board’s upcoming public meeting scheduled for Jan. 26.
At that meeting, the GCB is expected to award the state’s final major casino license.
Laws governing the GCB authorize either the treasurer or his designee to sit on the board as a non-voting member, but the board told Mr. McCord he is not allowed to attend executive sessions of the board, which are closed to the public.
State Treasurer Rob McCord
Mr. McCord called the court’s decision a win for government accountability and transparency.
“The Court’s decision today is clear – the Board’s actions were unlawful and without justification,” said Mr. McCord in a statement.
As part of the order, the GCB must allow Mr. McCord to attend all public and closed meetings of the board and provide the treasurer with asked access to all “confidential and proprietary information” relevant to the board’s deliberations.
Gaming Board members argued Mr. McCord’s status as an elected official who receives campaign contributions opens the possibility of “political influence” if he is allowed into to closed-door decision-making sessions.
In the decision, Commonwealth Court Judge Kevin Quigley said the state’s Gaming Act clearly grants the treasurer a place at the board’s inner circle. Arguments made by the GCB at a hearing Wednesday did not convince the court otherwise.
As part of the decision, the treasurer must sign the same non-disclosure agreements which the voting members of the board must sign and abide by.
In a statement Thursday, the GCB said they have been asking Mr. McCord to sign the confidentiality agreement for the past two years as part of their requirements for his admission to the board’s private meetings.
Gaming Board officials did not offer further comment Thursday.
A spokesperson for Mr. McCord said the treasurer would “happily sign” the required documents.
Arguing against the injunction Wednesday, GCB lawyer Jim Kutz said there was “significant danger” created by the presence of an elected official having access to the board’s executive sessions.
“To participate in deliberations means the right to advocate for a position, without limitation,” said Mr. Kutz to Commonwealth Court Judge Kevin Quigley.
Christopher Craig, counsel for the state treasurer, said accusing Mr. McCord of exerting political influence on the board would be the same as accusing the governor – who appoints three of the seven voting members of the GCB – of being subject to political influence since he also receives political contributions and serves in elected office.
The GCB enjoys “quasi-judicial” immunity, which is granted to members because their roles in awarding casino licenses and regulating the industry are viewed as “functionally comparable” to that of judges. Voting members of the board are not allowed to hold elected office, but are all appointed by elected officials – three by the governor and one by each of the four caucus leaders in the General Assembly.
“The General Assembly’s clear intent was that the treasurer – the state’s constitutionally designated financial officer – have a voice on the board in order to bring to the table the expertise and oversight of this office,” said Mr. McCord after the decision was made Thursday.
Though the injunction will allow Mr. McCord temporary access to the board’s meetings, the on-going lawsuit between the treasurer and the GCB has to be settled separately.
