The Afternoon Session
of the Jan. 31, 2001
"
Emergency"
Commissioners Meetings


The "emergency" was ... the TLC's asking for permission
to delete, from the marketing sheets they produce for each
scratch game, how many tickets were printed and how many prizes
there were originally. This promotional piece is distributed to
lottery retailers and is the primary source of game information for
players who inquire. The excuse for deleting this data is that they
have a "discrepancy" on their web site and this will solve the problem!

The truth is, they don't want this information readily available for
players at the retail level and this is an attempt to keep from
disclosing it. They want to post this information on their
web site after they receive it which just happens to be after
the tickets are selling
. Ms. Linda Cloud's presentation was a
carefully worded prepared speech. Her words are almost
verbatim during the morning meeting. I was very impressed with the
questions the Legislative Leaders asked and the comments they
made. It almost gives me hope! Read on and see what you think.

E-mail Me - Dawn Nettles
E-mail the Texas Lottery Commission

Posted: February 23, 2001
Revised:

 

My comments are in blue.

TEXAS LOTTERY COMMISSION
EMERGENCY MEETING
JANUARY 31, 2001

 

Chairman
Representative Talmadge Heflin
7419 S. Kirkwood, Suite B
Houston, Texas 77072
(281) 498-6343
E-Mail: talmadge.heflin@house.state.tx.us


Representative Robert Junell

P. O. Box 3362
San Angelo, Texas 76902
(915) 657-0197
E-Mail: robert.junell@house.state.tx.us

Representative Vilma Luna
4525 Gollihar
Suite 200
Corpus Christi, Texas 78411
(361) 854-9816
E-Mail: vilma.luna@house.state.tx.us

The Honorable Leticia R. Van de Putte
P. O. Box 12068
Capitol Station
Austin, Texas 78711
512-463-0126
3718 Blanco Rd. Suite 2
San Antonio, Texas 78212
(210) 733-6604
E-Mail: leticia.vandeputte@senate.state.tx.us

Representative Robert Puente
2823 E. Southcross
San Antonio, Texas 78223
(210) 532-8899
E-Mail: robert.puente@house.state.tx.us

 

CHAIRMAN HEFLIN: -- invited guests. We have a -- Commissioner? Chairman. Oh. We do have a commissioner -- chair -- or, Mr. Chairman, we're glad you are -- joined us today.

CHAIRMAN CLOWE: Thank you, Chairman Heflin. If I may thank you for the opportunity to appear today to you and the members of the committee and the senator. My name is Tom Clowe. Here with me are Executive Director Linda Cloud, Deputy Executive Director Patsy Henry and director of the Charitable Bingo Operations Division, Billy Atkins. And at this point, Mr. Chairman, I'd like to ask your direction. Commissioner Anthony Sadberry is standing by. We had an emergency meeting this morning of the Commission, and we would like to report to you on that meeting. I adjourned our meeting this morning, recessed our meeting, and can reconvene it at this time when you'd like to have that report. That would bring Commissioner Sadberry into the room. He's prohibited, under the Open Meetings Act, from being here during the time of our report to you. So, if you'd like us to go forward with our report at this time, we might convene that meeting again and bring him in. If that meets your pleasure.


CHAIRMAN HEFLIN: I would just as soon go ahead and have that information presented now, if that meets with your --

CHAIRMAN CLOWE: Yes, sir.

CHAIRMAN HEFLIN: -- your schedule.

CHAIRMAN CLOWE: I'm going to ask that Commissioner Sadberry be brought in. That will constitute a quorum of the Commission. Commissioner Betsy Whitaker is out of the country and otherwise would be here with us.

CHAIRMAN HEFLIN: Okay. (Commissioner Sadberry now present.)

CHAIRMAN CLOWE: And this is Commissioner Anthony Sadberry, and I would -- then I would reconvene the meeting of the Texas Lottery Commission at 4:34 on January the 31st, as it was recessed this morning, and ask Executive Director Linda Cloud to give you -- the committee a report on our emergency meeting this morning.

MS. CLOUD: Mr. Chairman, members. As you know, protecting the integrity and security of our games is the most important job any of us can do working for the Lottery Commission. It is the part of our business that requires vigilance and oversight, as well as timeless dedication and perseverance. I have given each of you and our players a personal pledge to do my part to make sure our games remain fair, that our accounting and tracking systems are accurate, and that when issues arise with the potential of causing problems for the lottery, either real or perceived problems, that I will take immediate steps to provide adequate notification of those issues and to take immediate action to correct and resolve them. By some accounts, today's issue may be considered more a current business practices concern than anything else based on today's practices and industry standards. Let me explain. For the past several weeks, an internal audit has been underway involving some of our instant ticket games. That audit is not yet completed. However, I want to make you aware of one preliminary finding that has been brought to my attention. It involves game information on some credit materials such as this selling sheet which we provide our retailers for each instant game. (Besides the "sell-in-sheet," what other materials are involved?) As you can see, the selling sheet provides an approximate total number of prizes in this block up top for each prize level for that particular game based on an approximate number of total tickets printed. This information comes from game specs or working papers which we coordinate with our vendors. It may be easier to visualize if you think of working papers as a blueprint set of instructions for the manufacturer in order for them to print our games. On Friday evening at the close of business, Texas Lottery Commission Internal Auditor Debra McLeod brought a situation to my attention involving what appears to be variances between the information we are publishing on some of -- for some of the instant games compared to the number of winning tickets we're actually selling at the particular prize levels or winning levels. This is happening because the printed materials are produced before the tickets arrive in Austin based on approximate data, not the actual number of tickets received. (Can't your printer tell you what his "counter" reading is by email, fax, or phone - this shows exactly how many tickets were printed and shrink wrapped as soon as he shuts down his machinery? When security returns from the printer, don't they bring a tape for G-Tech to load into their computer that shows the exact number of prizes for that game?) Since being made aware of this audit finding, reviewing and understanding this issue has become my number one priority, and I am making you aware of all of it as quickly as I could. Based on the internal auditors' preliminary findings, this is what is happening: Information provided in the selling sheets contained data we request in our blueprint or working papers. However, this data is based on hypothetical mathematical models that assumes 100 percent delivery of the tickets requested. Of course, this would require error-free printing without any glitches, dye problems or other manufacturing defects which, of course, is inconceivable. In the real world, this never happens. To compensate, we build in variances or acceptable tolerance levels to allow more or less of whatever variable is being requested. In other words, an acceptable limit may result in a few additional top winning tickets being shipped to us than we requested or a few less tickets. It may also result in a total ticket shipment totaling more or less tickets than the millions of tickets we requested be printed. Where this becomes an issue for us and may potentially confuse our players occurs as the tickets are being sold. That's because every two weeks, we also issue another document that is called "winning tickets remaining" notification flyers that comes directly off the system and is totally accurate information. The data on the selling sheets and the winning tickets remaining flyers for instant games does not match because one uses approximate numbers and the other uses actual numbers, and there's no room in this lottery for fuzzy math. (The timing here is confusing to me. A "totally accurate flyer" every two weeks? How long does it take to produce and print 17,000 "flyers" once you receive "current information?" How fast do you get it out to the stores? Does this "flyer" tell how many tickets were printed and how many prizes remain for "each and every prize" in the game? Also, if you print a 4-color flyer every two weeks with "current info" on it and you manage to get it to the stores while it's still "current," why can't you do the same thing with the original "sell-in-sheet?" Why do you need to exclude the number of tickets printed and the number of prizes from the sell-in-sheets? In what time frame are the tickets shipped from Atlanta to Austin - then prepared for UPS by G-Tech - and delivered to 17,000 stores? Can't you print one sell-in-sheet with all the pertinent information for your players in that time frame?) As a result of this discrepancy in information and during the duration of this ongoing internal audit review, I am taking the following immediate actions: Number one, in addition to calling this meeting to inform you, I have also brought this to the attention of our legislative leadership. Number two, I have immediately instructed our sales reps to remove any incorrect (Incorrect? Are they incorrect? Don't they say "approximate?" Aren't the odds correct and prizes correct?) print materials from retailer locations, and I have asked our marketing department to suspend production of all instant game information for new games that may be incorrect. Number three, we will begin immediately adjusting any confusing information that is out on our Web sites. (Right now, web site visitors can NOT get any worthwhile scratch ticket information from your site. It's all been deleted.) I am pleased to report, however, I have also been informed by our internal auditor and want to assure you and the public that the overall odds of winning any prize for each instant ticket reviewed, which is the number we print on the back of each ticket, is correct and was unaffected. Audit findings at this point also indicate the overall prize payout percentage for each game was also unaffected. In closing, let me add, based on the audit information I have been given so far, in my opinion, no player has been adversely affected either, and the security and integrity of our instant games has not been compromised. We have, of course, our commissioners here as well as our internal auditor if there's questions that you would like to ask of either of them or myself concerning this. (Ms. Cloud - you did not tell them that all you want to do is print the same "sell-in-sheets" EXCEPT exclude the approx number of tickets printed and the approx. number of prizes. You also failed to tell them how the TLC, in December, asked the Attorney General for permission to keep Open Records from submitting this information to me and now, you are asking these folks too.)

CHAIRMAN HEFLIN: The question I would have is, was this confined to multiple games or a single game or is that information that you know yet?

MS. CLOUD: It is -- We have looked at all the games that we have that are in an active status and being sold at this time at our retailer locations. There's 65 games, and it goes across the board with every vendor we've done business with.

CHAIRMAN HEFLIN: Okay. So, this is not a problem that's just occurred with your most -- with your current vendor, then. Is that correct?

MS. CLOUD: That's correct.

CHAIRMAN HEFLIN: Okay. Are there sanctions in -- contractual sanctions that can remedy this situation with either your current printer and/or your previous printers?

Ms. CLOUD: Yes, there are --

CHAIRMAN HEFLIN: In other words, there --

MS. CLOUD: There are sanctions, Mr. Chairman, in the present contract. We put them in this present contract. It was not in the prior contract.

CHAIRMAN HEFLIN: Okay.

MS. CLOUD: But we do have the sanctions there.

CHAIRMAN HEFLIN: The variance -- In the previous contracts, were the variance stipulations there?

MS. CLOUD: No, sir.

CHAIRMAN HEFLIN: Okay. So, there was

MS. CLOUD: I have a difficult time answering as to why there wasn't. I recognized, when we put out the RFP for the present contract, that we needed those variances in there, and we put them into the contract we have.

CHAIRMAN HEFLIN: In the present contract, was -- the RFP went out and the contract was awarded within the last two years? Three years?

MS. CLOUD: Two years.

CHAIRMAN HEFLIN: Okay. And the previous contract to that was -- or it went --

MS. CLOUD: The previous contract to that was an assumption of a buy-out. We initially started doing business with Dittler Brothers in Atlanta, Georgia, and Dittler Brothers was purchased by BABN who now has a plant in San Antonio.

CHAIRMAN HEFLIN: And when was that contract initially negotiated?

MS. CLOUD: Let's see. '96, '97.

CHAIRMAN HEFLIN: Okay. And then the acquisition was made in -- by the other company.

MS. CLOUD: Of the one we have presently?

CHAIRMAN HEFLIN: No. The acquisition.

MS. CLOUD: The acquisition was in '96. I'm pretty sure -- Well, my general counsel said it was before '99, the acquisition.

CHAIRMAN HEFLIN: Okay. And are there actions that the Commission has under review to remedy the current situation as far as sanctions or is it too early to tell on that yet?

MS. CLOUD: It is too early to tell.

CHAIRMAN HEFLIN: Okay.

CHAIRMAN CLOWE: Chairman Heflin, if I might --

CHAIRMAN HEFLIN: Sure.

CHAIRMAN CLOWE: -- hope to clarify something there. The audit is ongoing, and the reason that I called for the emergency meeting this morning was to report the results as it stands today. The Commission was notified of this situation which is underway Monday afternoon, and we feel very strongly about the integrity of the Commission in dealing with the players of these games in Texas and the perception, and it was my opinion we had grounds -- and the general counsel agreed -- to have the emergency meeting. So, we're coming to you at some point short of the finish of the internal audit. In regards to the use of the word sanctions, I don't believe there are any sanctions in this contract. It is, in fact, more a provision for liquidated damages and if there is a breach of the contract, and we have yet to determine that and have clarification of that issue as part of the completion of the internal audit. So, I wanted to expand on what the executive director said to you, and hopefully that clarifies it. We expect to have that conclusion of the internal audit prior to our next meeting in February or certainly a report at that time.

CHAIRMAN HEFLIN: The term sanction was my term and certainly not that of --

CHAIRMAN CLOWE: Yes, sir.

CHAIRMAN HEFLIN: -- the Commission or the executive director. So, if there -- If it is determined when the audit is complete -- and by the way, what's the schedule for the completion of that? Do we have that yet?

MS. CLOUD: We think we need about two to three more weeks on the audit.

CHAIRMAN HEFLIN: So, if it's determined that the -- there has been damage incurred by the printer, then there are provisions to recover damages through the contract?

CHAIRMAN CLOWE: If there Is a breach.
CHAIRMAN HEFLIN: Right. Right.

CHAIRMAN CLOWE: Yes, sir.

CHAIRMAN HEFLIN: Okay.

CHAIRMAN CLOWE: There are limitations, and we have yet to determine what the end result is. The audit reports at this point some overage in some areas and some underage. So, we're not complete at this point in time.

CHAIRMAN HEFLIN: Okay. Questions of the members? Ms. Luna? Senator?

MADAM SENATOR: Thank you, Mr. Chairman. I really appreciate the fact that as a former member of this committee, you're allowing me to sit in. I was not able to sit in on the Senate finance side as we had a committee hearing that my presence was requested at to make quorum, and, so, I wasn't able to ask some of those questions.

CHAIRMAN HEFLIN: Well, we're allowing you to sit in as a senator.

MADAM SENATOR: Thank you. We appreciate it.

UNIDENTIFIED SPEAKER: Does she still get vote?

MADAM SENATOR: Absolutely not.

CHAIRMAN HEFLIN: That's another issue.

MADAM SENATOR: Absolutely not. Thank you, and let me say thank you to Ms. Cloud and to the chairman and to the committee for addressing this in an emergency fashion. I think that the credibility of the games themselves and perceptions can be just as real as what is actually happening. I wanted to ask some questions about this, and the vendor for our scratch-off games is not listed in the documents, I don't think, that -- on Page 186 on major contracts. Can you tell me who the vendor is?

MS. CLOUD: The vendor -- It's all of our vendors. This audit is across the board. We've got all the games on the street that we -- The 65 games we've audited go all the way back to our first vendor. We still have about seven games on the street from Dittler Brothers. We have about four games on the street with BABN. We have Scientific Games which has the majority of the games that we have on the street at this time, and we have some Pollard who is our backup vendor for the present vendor.

MADAM SENATOR: Have you assessed from your internal audit where the major problem has occurred?

MS. CLOUD: The major problem is occurring, like I said, in the prize levels. The variance for each prize level is 2 percent over or under.

MADAM SENATOR: Is that an overage or an underage? Can you tell me, is there any one particular vendor that it seems to be a problem with? I don't remember this discussion coming before this committee or any House committee or Senate committee the last time we were in legislation.

MS. CLOUD: The variances have been put into the current contract. It was not in the previous contracts. So, this was -- We did not -- We had not audited this part, and we had not had -- didn't know we had this issue until now, but it is a -- looks like it's an industry standard where it's a problem with all vendors, not just this one.

( She's stuttering ... not prepared. I don't think there's a "problem" - I think this is all just an "excuse" to exclude this data from the marketing piece that is in the stores for players to read.)

MADAM SENATOR: So, it's a problem right now particularly with Scientific Games since they have the majority of the games out there?

MS. CLOUD: Yes.

MADAM SENATOR: Okay. I wanted to ask you, if it's an under-redemption, then it's clearly a case where we are not meeting -- our folks who are buying, our customers, we are not right -- If it's an over-redemption, then the State loses the revenue. If it's an under-redemption, it's clearly not meeting what is printed or what the expectations are of the consumers that buy the game. Is that true?

MS. CLOUD: No, ma'am.

MADAM SENATOR: Okay. Explain it --

MS. CLOUD: If you'd like my internal auditor -- I can explain it.

MADAM SENATOR: In other words, if you --

MS. CLOUD: Say you have shorter that's on the print run which has caused the prize levels within those print runs to be reduced as well. The overall odds of the game and the overall prize payout remained the same. This has not affected our players at all. They have still got the same amount of prizes in the game. It's not in the format that we put out on the street, but it -- they still have the same prize --

MADAM SENATOR: So, there's a disconnect between the information and what's actually occurring?

MS. CLOUD: And that's what we're concerned about.

(The TLC is looking for a legitimate reason to keep from releasing how many tickets were printed and how many prizes there are for each prize level. Please don't give it to them.)

MADAM SENATOR: Okay. Thank you.

REPRESENTATIVE LUNA: Mr. Chairman.

CHAIRMAN HEFLIN: Representative Luna.

REPRESENTATIVE LUNA: I'm just a low, little old coastal girl, and I don't follow. I just need to question that a little bit further. How is it that the players are not being affected? I just don't follow your argument.

MS. CLOUD: You have -- You -- When we sent out the working papers, we tell the vendor how many tickets we want printed, and in the printing process, they have to pull any pack that has any defects whatsoever. They all -- This is major procedure for all of them. When they get through with the printing process, they end up with less -- in some cases, less tickets than we put in our blueprint. We ask for 20 million tickets, we got 19. And that million tickets had prizes in them, and because of that, the prizes are also gone from the game. So, in checking the inventory that we actually received and the number of prizes that came with that inventory and coming up -- you come up with the same prize payout, overall prize payout that we had in the game, and the overall odds of the tickets don't change.

REPRESENTATIVE LUNA: You're suggesting that --

MS. CLOUD: But --

REPRESENTATIVE LUNA: -- if you ordered -- How many millions, let's say, do you order in a typical run?

MS. CLOUD: 20 million.

REPRESENTATIVE LUNA: So, if you order 20 million and you're shorted 1 million tickets, you just didn't have any -- you're just certain you didn't have any winners in that 1 million tickets --

MS. CLOUD: No --

REPRESENTATIVE LUNA: -- or the odds aren't changed with the remaining 19 million that are put into circulation?

MS. CLOUD: They did have winners in the 1 million.

REPRESENTATIVE LUNA: But your -- Is your argument, then, that the odds don't change? Is that what you're suggesting, because you have 19 million out there and you still have the same percentage of winners? Again, I apologize. I'm just so slow.

MS. McLEOD: That's okay. That's okay. My name's Debra McLeod. I'm the --

REPRESENTATIVE LUNA: I hate to tell you this right now. I'm just going to tell you, I mean, whenever we have something like this occur, the perceptions -- when we already have, I think, in many instances, the public that questions the existence of the Lottery, what are we really generating from the lottery, this is, to me, a very serious problem, and, so, I just have to tell you that's where I'm coming from.

MS. McLEOD: To help you understand -- I'm the internal auditor. My name is Debra McLeod. What we've done is look at the volume of tickets. For example, if you had a pool of 100 tickets that we were selling, 60 of those were winners. So, you'd have a 60 percent prize payout. If, in fact, the vendor had only shipped us 80 tickets and we had 48 winners, you still have the same 60 percent variance, 60 percent prize payout. So, that's exactly what has happened here. When the vendor sells us or gives us less tickets, they also give us less winners in that pool. So, the percentage is a correlation between the winners and the overall number of tickets delivered.

REPRESENTATIVE PUENTE: Mr. Chairman.

CHAIRMAN HEFLIN: Representative Puente.

REPRESENTATIVE PUENTE: The numbers we're talking about, 20 million and 1 million -- or 19 and 1 million, are those numbers that are actually occurring in your sample?

MS. CLOUD: In the variances?

REPRESENTATIVE PUENTE: Yes.

MS. CLOUD: Yes. They're -- Each one -- Each game is maybe a different number, of course, but that's the correlation we're looking at.

REPRESENTATIVE PUENTE: People that play the scratch-off versus people that play Lotto, am I right in assuming that people that play scratch-off play because they anticipate a better chance of winning, for example here, $21,000?

MS. CLOUD: Yes, most of them play for the top prize.

(Is Mrs. Cloud trying to find a way to keep players from verifying how many top prizes there are in each game?)

REPRESENTATIVE PUENTE: Okay. And as opposed to the Lotto, it's just a home run or nothing?

MS. CLOUD: Right. Although our players are pretty dedicated at just winning a prize in our instant games, they're pretty happy when they win $20.

REPRESENTATIVE PUENTE: So, these odds that you're talking about that -- the 1 million that are faulty or not, they have the same percentage of winners and losers as the other batch.

MS. CLOUD: Yes.

REPRESENTATIVE PUENTE: But that's in theory only. Correct? In other words --

MS. CLOUD: No. That's actual.

REPRESENTATIVE PUENTE: But that, by chance then -- say, by chance, the big pot, the big prize may be in that batch, that 1 million ticket batch?

MS. McLEOD: No. The answer to that is no. The reason is because they randomly put the number of winners throughout the whole print run. Then they go back -- The instant ticket vendor goes back and makes sure that you have "X" number of high tier winners, what we call mid tier and low tier.

REPRESENTATIVE PUENTE: So, if we're talking about 1 million and 19 million batches --

MS. McLEOD: Right.

REPRESENTATIVE PUENTE: -- in the 1 million batch, there should be one or two 21,000-dollar winners, and in the other batch, the rest of them?

MS. McLEOD: Right. Right.

REPRESENTATIVE PUENTE: There should be, and they're supposed to be, or is that by chance?

MS. McLEOD: No. There is, because somebody has gone back from the instant ticket manufacturer and verified that, yes. What we find, though, is -- For example, this game, I believe, was --

REPRESENTATIVE PUENTE: Well, I'm not coastal, and I'm not a girl, but I'm confused, too.

REPRESENTATIVE LUNA: Excuse me, Mr. Chairman.

CHAIRMAN HEFLIN: Ms. Luna.

REPRESENTATIVE LUNA: But I guess to take it one step further, I guess I'm not convinced, and if I'm not convinced, how is the general public going to be convinced, at least from what I've heard so far? And I have to echo the senator's remarks that I'm -- I appreciate that y'all are treating this as an emergency matter and that you convene in an emergency meeting. Now we need the emergency recovery to convince the public so that this doesn't further affect the lottery sales which have been declining in our state. Actions taken by the Lottery Commission in the past or by the executive director or whomever has periodically caused some serious detriments to the lottery in the public's eye. So, not -- I mean, I may be silly up here and say I'm confused. It's further than that. Maybe I'm just not convinced.

(YES, you're on target! This action, if approved, will cause serious detriments to the Texas Lottery. The TLC must make this information readily available at the retail level for players who inquire. Just the same as sellers must disclose mileage on a car before selling it.

Mrs. Cloud hasn't told you that in November 2000, I posted the odds and a complete breakdown of how many tickets there were for each and every prize. After posting this information on my web site, my Open Records request for scratch off info started arriving without the information I had requested. To try to correct this situation, in December 2000, I made another Open Records Request for their "Instant Game Tenative Schedule." Their response - they've asked the Attorney General to "excepted this document from required disclosure." The TLC failed to send me requested "sell-in-sheets" for upcoming games claiming they either "forgot" or "didn't have a sheet or a start date.")

MS. McLEOD: If I might -- and I have a two-person staff, myself and one other auditor. We're working literally night and day to get to the end of this by Friday so that we can quantify all the tickets that we have currently out on the street. Of the 45 we've reviewed of the 65 games that are open, we can honestly say at this point of calculation that we have more prizes out there than what we had advertised. So, we're not hurting the players at this point. What we're trying to be is more forthright in the information in saying if you're relying on this piece of information, this is based on an estimate. We would rather go with what we actually get back from the instant ticket manufacturer and give you more up-to-date and current information. (Fine - get the "actual" numbers from the printer and G-Tech, then print and deliver the "sell-in-sheets" BEFORE the tickets go on sale. Just make sure this information is available to players who inquire at the retail level. Even though we both know these numbers are minuscule. I just don't understand -- in 7 years no one has ever been hurt by using approximate figures - what's the point to all this besides the obvious attempt to keep this information from the players? Isn't a simple change to your web site the easiest solution?)

REPRESENTATIVE PUENTE: Does the lottery -- do you have the ability to -- I'm -- Well, let me just ask you. Do you have the ability to know immediately if there's a drop-off in scratch ticket sales and in what game it is and geographically where it's occurring?

MS. CLOUD: We track our sales on a daily basis.

REPRESENTATIVE PUENTE: In other words, there's a reporter right back there (indicating). He's just scribbling away. When the stories hit tomorrow that there's a problem, can we see an immediate drop-off in scratch ticket sales the next day?

MS. CLOUD: I'm going to -- Well, I don't know that it shows up quite that quickly, but we would see it probably within the week.

REPRESENTATIVE PUENTE: And have y'all decided as a -- in the meeting that we're in now, what -- how you're going to correct this problem? Not the actual auditing problem, but the perception problem that's out there, to ensure the people that participate in the lottery that we have a game that is fair and that there is a true chance of winning?

CHAIRMAN CLOWE: I think that our first step was to have the emergency meeting this morning and to have the report that was forthcoming. The media was at the meeting, and they were notified and asked to be there, and I think Linda said what she was taking in the ways of steps to correct the perception of information that's going out in the sales slips and information on our Web site.

(I'm a media but I was not notified)

MS. CLOUD: That's correct.

REPRESENTATIVE PUENTE: I mean, but people that buy scratch-off tickets, I don't know if they're going to run to the Web site to see what's going on. It's a very -- to me, a very fickle player that, if they see that it's happening, they might choose to, you know, got to the Lotto, play the Lotto or play some other game of chance that doesn't involve the Texas Lottery. So, have y'all decided how you're going to let the public know that it's still a good game?

(Only 30% of the population have computers and internet access. I think by not disclosing the number of tickets printed and the number of prizes at the retail level by way of that "sell-in-sheet" for the players who inquire, is a willful and intentional act of deceiving the public.)

MS. CLOUD: We emphasized that in our meeting this morning with the media there. Also, this selling sheet goes to the retailers. It doesn't really go to the players. It does go -- Some (most) of the retailers do put it in their play stations where the player can see there's -- the makeup of the game, but, you know, we're telling the truth when we say the odds didn't change, the overall payout didn't change, and it had to do with the correlation of the inventory being over what we ordered or less than what we ordered, and the prizes fell into that same -- Prizes within that overage or shortage was the same.

(Then why do you want to change anything? It's been this way since start up. What is your point here?)

REPRESENTATIVE PUENTE: Are you having both problems, overage and shortage?

MS. CLOUD: Yes.

( Printers generally have "overs." Not "unders." They have "overs" due to "make-ready's." That's pre-press runs to get everything lined up and the press ready to roll. My experience has been that I get "unders" when the job gets damaged somehow.)

REPRESENTATIVE PUENTE: Randomly?

MS. CLOUD: Yes.

REPRESENTATIVE PUENTE: And within all games?

MS. CLOUD: Yes.

REPRESENTATIVE PUENTE: And all vendors?

MS. CLOUD: All vendors.

REPRESENTATIVE PUENTE: Okay.

CHAIRMAN HEFLIN: One question. This information is the point of contention. Is that correct?

MS. CLOUD: Yes.

CHAIRMAN HEFLIN: If I wanted to -- Let's just say that the audit has been completed on Game No. 210, The Hot Hand, and we knew what had actually been delivered. Okay? Then would it be a matter of altering the number of prizes by each denomination here to make it accurate?

MS. CLOUD: Yes.

CHAIRMAN HEFLIN: Okay. And, so, I might find that instead of having 515 hundred-dollar tickets, there might be 503?

MS. CLOUD: That's correct.

CHAIRMAN HEFLIN: I might find that in instead of 40,080, 25-dollar tickets, there might be 40,076 or something.

MS. CLOUD: That's correct.

CHAIRMAN HEFLIN: So, this is the kind of information we're talking about?

MS. CLOUD: This is the document we're pulling back from the retailer, and we're making the correlation to the Web site of the actual prizes that were shipped.

(This is a catch 22 - First, the printer knows the minute the press shuts down what the count is. And the computer knows that very second how many prizes there are too. The TLC doesn't plan to "print on paper" anywhere how many prizes or how many tickets were printed. They just plan to post this data on their web site. What they "probably" plan to do is to create one sell-in-sheet for their web site showing this data knowing that people don't click on the sheet. Ask her specifically.)

CHAIRMAN HEFLIN: Okay. When a run is made, is the entire run delivered at the same time to the Lottery Commission or is it done over a period of time?

MS. CLOUD: With the present contract, the runs have been slip shipments where they have sent half the shipments in order for us -- because we've been trying to get as many of the higher payout games back on the street. So, we have allowed some slip shipments up until August, but now the shipments are coming in all at one time.

CHAIRMAN HEFLIN: Okay. So, in theory, then, you would be able to, after the initial promotion and after the initial sheet went out -- and I take it this goes out before the retailer actually gets the tickets in hand?

MS. CLOUD: Yes, sir.

CHAIRMAN HEFLIN: Okay. Then the Commission -- the agency will have the ability to send a second sheet with corrected information once all the tickets have been delivered. Is that right?

MS. CLOUD: That's correct. That's the intent, but what we intend to do with the initial shipment of the selling sheet two weeks prior to the game going out on the street is to leave out totally the number of tickets in that prize level,just send out to the retailer from this point forward the amount of the prizes that are in the game, and then after the game is received by us and we have the end of production information, then we'll send out a new selling sheet that will replace this one. (I'm confused. "Game is received by us" or do you mean "game is received by the retailers?" Won't this plan cost twice as much money? And at this point, hasn't the game has already been selling so for players who want to know the number of tickets printed or the number of prizes PRIOR to purchasing tickets, then the information would not be available for them? Isnt' there a law that says you have to disclose this kind of information - before selling it - to the public?)

CHAIRMAN HEFLIN: And then as you send out updates showing the remaining tickets in a particular run, based on what's been cashed in --(What you don't know is that this particular sheet only shows the top TWO remaining prizes - notice how she lets it go unstated? Is she hoping you don't catch this tidbit?)

MS. CLOUD: Right.

(By the way, tell them the "as of" date shown on the "flyers" that's currently in the stores today?)

CHAIRMAN HEFLIN: -- then that would reflect accurate information?

MS. CLOUD: That's correct. And that information is accurate. (Yes, the information was accurate the day you gave the data to your staff to produce the artwork - but how long was it in production, how long at the printers and how long did it take to get it to the stores? Tell me, how accurate was the information the day the retailers received it?)

CHAIRMAN HEFLIN: Okay. Any other questions? Senator.

MADAM SENATOR: Thank you, Mr. Chairman. I just wanted to make sure that what I thought I heard you say when questioned by the chairman was actually answered. When you finish the audit, which I know you're working very hard on, when you have determined that there have been some variances -- and what you're telling us today is that there are actually more over-redemptions than under-redemptions. In the over-redemption case, then the person who loses that revenue during -- of the over-redemption is the State of Texas, and in the -

MS. CLOUD: I'm sorry. When we have an over-redemption, we have more inventory than we have ordered. So, we have more income from the game than we intended.

MADAM SENATOR: Okay. If we have a dollar amount that was either -- Oh, so, you're telling me that there's no dollar amount over or under than what we had anticipated so that the State is not owed or that we still have the same payout, but you're saying that we have received no monetary harm to our revenue stream because of the errors or the discrepancies in the printing of scratch-off tickets?

MS. CLOUD: At this point in the audit -- and we have not seen that. We have not seen that we've had any errors between what we give back to the State or what we give to our players.

MS. McLEOD: Just to make a point of clarification, I have not audited that portion yet. So, that's the very next thing. We felt that the players' perception issue was the most important. We started there. Second to that is the vendor issue, and then third, of course, will be the State revenue. So, with each facet of this, we're working as expeditiously as possible.

MS. CLOUD: You've looked at the instant tickets received versus what the odds information -- She's looked at the inventory we received --

MADAM SENATOR: Okay.

MS. CLOUD: -- compared to the prizes we've received to make the overall prize payout.

MADAM SENATOR: But there is -- If I understand what you said correctly, there are provisions in the current contract with the current vendor to have any damages or anything recouped. Is that correct?

CHAIRMAN CLOWE: Senator, may we have the general counsel speak to that? I think it's an excellent question, and it's a legal question, and I would be more comfortable if she may be allowed to respond to that. Mr. Chairman?

CHAIRMAN HEFLIN: Absolutely.

MS. KIPLIN: My name's -- For the record, my name's Kimberly Kiplin. I'm the general counsel for the Commission, and I've heard those questions, and I appreciate the opportunity to respond to that. It is going to be, first of all, is there a breach. There are, pursuant to the contract,allowable tolerances, if you will, plus or minuses for each of the three issues that we're looking at. The question is, if there's a breach, what are the remedies. I've heard the senator's questions regarding the over-redemption. There are specifically liquidated damages provisions in both the contracts we have with Scientific Games and Pollard that the vendor will be required of paying any prize claimed for a prize that was not approved by the Lottery. So, that will go to the issue of the payout -- or, pardon me, the revenue stream to the State. That money will be paid, and that will be the liquidated damages. The other one has to do with actual damages because there, in my view -- and it's real preliminary. So, I'm going to qualify this right now because I know I'm on the record. I don't see liquidated damage provisions that are on point with the other issues in terms of what happens if the vendor is outside the tolerances. So, if there are not liquidated damages, the next step is to take a look at what actual damages are, and that will be something I'll have to work with my client on in terms of what those actual damages are. The first question, of course, is, is there a breach, and we're still, as I understand it, in the fact-finding mode to determine whether there has been a breach by the vendor or whether it's more focused on the information that the Lottery's providing pursuant to the selling sheets.

(I suspect that's all this is about - they just want to exclude invaluable info from the sell in sheets. )

MADAM SENATOR: Can you tell me the current value of -- thank you for that -- the value for the contract for our scratch-offs?

MS. CLOUD: Senator, off the top of my head, I can't, but I will get that information for you.

MADAM SENATOR: Can you tell me if it's over a million?

MS. CLOUD: Yes. Yes, ma'am. It's -- Pardon me. I want to say -- I'm trying to think -- Okay. Last year, we spent 15 million with the vendor.

MADAM SENATOR: With the vendor. And maybe I'm asking the wrong person, but on the documents, the LBB document that I have here, it says major contracts, and we go from the GTech for lottery operations at 90 million to 783,000 for Pricewaterhouse. If there are other major contracts that we should know about, it wasn't in this document. I'm certain, if we have a contract with a vendor that's at 16 million, the legislators really need to know that because the problem that we're seeing now is, with that particular vendor, there's no way -- under major contracts, it was not listed that this was a major contract. So, I would ask --

MS. CLOUD: I'm sorry. That has been reported as a major contract, but I don't know why it's not in this document.

MADAM SENATOR: And is there any -- LBB, is there any reason why we left off a 16 million a year as a major contractor for this agency?

MR. ATKINS: No, there shouldn't be any reason we left it off. I'd have to go back and double-check the database to see why it's not in there.

MADAM SENATOR: It's a big step from 90 million down to less than a million, and this is a major -- and I don't see any of it on here. So --

MR. ATKINS: We can check that for you.

MADAM SENATOR: Thank you. I appreciate that. I guess general counsel needs to come back to the table. So, what you said a moment ago is that the contract called for --

CHAIRMAN HEFLIN: Let me just -- Kimberly, do we have a witness affirmation form?

MS. KIPLIN: No, sir, you do not. You will before I leave.

CHAIRMAN HEFLIN: And the testimony that you're giving is the truth, right, as you will attest to when you sign this?

MS. KIPLIN: Yes, sir.

CHAIRMAN HEFLIN: Thank you very much.

MADAM SENATOR: Thank you, Kimberly. The contract -- As you just stated, the contract calls for the vendor to pay any prize which the Lottery didn't authorize. So, in other words, there would be -- that implies there would be no cost to the State if, for example, additional prizes because of this problem are awarded?

MS. KIPLIN: Yes, that's correct. I will --

MADAM SENATOR: Okay. So, it implies that there will be a potential for a greater payout than was intended. Is that a possibility?

MS. McLEOD: If the mic is being turned towards me --

MADAM SENATOR: I guess they wanted you to answer it.

MS. McLEOD: -- auditors don't go towards possibilities. We deal in black and white facts. So, I'm going to pass on the question. That second phase within -- by Friday afternoon, I can get you definite concrete information.

(EXACTLY - so why were you using the "sell-in-sheets?" - They are just a simple marketing piece that very clearly says "approximately?" - How could this sheet be involved in any kind of audit?)

MADAM SENATOR: The logical leap my brain takes is that if there's a possibility for greater payout, then -- again, I get back to my point -- how is the public and how am I convinced that there's no possibility for players to be affected? And I guess I'll have to wait till Friday for that answer, but, you know, that's what I want to know.

MS. CLOUD: We'll be glad to provide you with that information.

MADAM SENATOR: I'm not trying to cut you off, Kimberly. If you've got something -- some way to respond -- I just saw Linda passing the mic over to your auditor.

MS. KIPLIN: Sure. And the one -- What's in my mind to who would be able to be responsive to you is that there is a plus or minus 3 percent tolerance on the volume of tickets. For example, you order 20 million, the Lottery orders 20 million, then we actually get up to 3 percent more. So, we're selling more tickets than what we had anticipated when the original prize payout was calculated, and if -- Theoretically, if you have more tickets, you'll have these more prizes, and my -- I think that's what this provision's going to, but I'm just trying to be responsive, and it may be that that's just a hypothetical, and we'll have to see.

CHAIRMAN HEFLIN: For the benefit of anyone in here or outside that's with the Texas Workforce Commission, when we complete our hearing with the Lottery Commission, we're going to adjourn until in the morning. So, if you're waiting for the Workforce Commission to present to the subcommittee today, you may be released, unless you just like hearing the testimony here.

UNIDENTIFIED SPEAKER: At what time, Mr. Chairman?

CHAIRMAN HEFLIN: It's my intent that we would meet at 8:00. If you -- the members twist my arm and say we must come in at 7:00, we can do that, but otherwise, it will be at 8:00 in the morning. So, it's our intention that we take up the hearing, rolling Workforce Commission over to tomorrow. And I want to say, members, both to the subcommittee and to the commissioners and Lottery Commission employees, I realize that you could have delayed making this information known until you had your audit complete. It would have been sometime down the road, but I want to tell you I appreciate the fact that you took the risk of going ahead and going public with this as soon as you knew something about it. (Correction - they've known about it for years - I've even questioned it several times.) I think that's the responsible thing to do. The fact that you can't answer all of our questions now is part of the risk that you took by bringing it to us early. I think it's better that you've done this. I appreciate that and -- but we will ask that when you have the information, you bring it to us and share it with us so we'll have the full picture and can either know that we're not going to get a comfort level or either get to a comfort level one way or the other. So, I just wanted to say thanks for going ahead and being forthright with the information. It's not a -- It's something I would have rather not happened, but the fact is, since it did, I think you're being responsible by getting to us. So, let me go ahead and say -- proceed with any further questions, if y'all have any. I would say, Commissioner, if you -- is there further information you want -- I realize that we're going to let you conclude your meeting before we move on with our budget hearing. So, let me turn it back over to you and --

CHAIRMAN CLOWE: With your permission, Mr. Chairman, then I will adjourn this meeting of the Texas Lottery Commission at 5:15 p.m. on January the 31st and ask Commissioner Sadberry to leave the room.

MR. SADBERRY: Mr. Chairman and members, I take it it's been explained why I've come in and out --

CHAIRMAN HEFLIN: Right.

MR. SADBERRY: -- that you don't take it as anything disrespectful, but following the legal rules. Thank you.

CHAIRMAN HEFLIN: Right. And we appreciate your presence here.

CHAIRMAN CLOWE: Mr. Chairman and members and Senator --

From what I've read in this testimony - the TLC is asking to remove the number of tickets printed and the number of prizes available from their "sell in sheets" quoting they found a discrepancy during an audit - yet the auditor clearly said, "auditors don't go towards possibilities. We deal in black and white facts" - but the entire purpose of this emergency meeting was to get approval to delete invaluable information from a marketing piece that is viewed by players. NO!

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