ATTORNEY AT LARGE: Regulators need recognition too
by Lloyd Levenson
February 11, 2013
The casino industry is replete with unsung heroes
and heroines. You can choose from a long list, starting with the people who
park the cars, serve the food, deal the games and clean the rooms while
maintaining a sincere smile for all those guests who come upon them in wave
upon wave.
These heroic staff people
deserve recognition from those of us who work in and around this industry,
largely because they are the very face of gaming. When they succeed, we
succeed. And for most of them, success is difficult to measure. They are
not—and never will be—among the highest-paid employees, and they are often
invisible to the very people they serve. Yet, try to imagine a world in which
they functioned with surliness, with inattentiveness or, worse, with hostility.
This industry would not last a day under those conditions.
I have profound respect for
all those workers. But this column is going to be devoted to another group of
the unsung. This group of people can expect little praise when they perform
their jobs well, but they can count on carping critics who will second-guess
them at every turn—irrespective of whether their jobs are performed well or
poorly.
I am referring to regulators, those appointed by governors and other
political leaders, as well as those who are hired to perform the difficult
tasks assigned to them. During the course of my career, I have had the
privilege of knowing hundreds of them. I have worked with them under the media
glare at public meetings, and I have worked with them in their quiet cubicles
and offices, where so much of the actual work gets done. In states ranging from
New Jersey to Pennsylvania to Ohio and beyond, these interactions have gained
my respect for them, and that respect only grows as time goes on, and more and
more states legalize casinos.
Clearly, the most difficult
part of being a regulator is juggling conflicting goals, and dealing with
conflicting pressures. They are told to perform their jobs quickly and well,
and that charge comes from a variety of sources, ranging from labor to
business. Add to that chorus the voices of political leaders, industry
officials and, yes, from attorneys appearing before these regulatory agencies.
Many states have endeavored to insulate regulators from such pressures.
For example, they are often appointed to fixed terms that are not tied to the
terms of those who appoint them. They often cannot participate in the political
process; and in many states they serve in a full-time capacity, which enhances
their autonomy by making them independent of the need to find additional
sources of income.
Still, no system is perfect,
but regulators largely recognize that they must resist such pressures, and
exercise their best judgment. For this
we can count on the fact that most appointees are of the highest caliber of
professional. Quite simply, they get it.
Regulators largely recognize
that the decisions they make today will have implications for decades—and
generations—to come. That is a profound and serious responsibility. Their
critics have a much narrower agenda, for the most part. Just think about the implications of a
licensing decision. Regulators must often pick one location over another and
one operator over another. Such decisions will affect investors, communities,
families and businesses—today and 30 years from now.
As one attorney who has
had the privilege of appearing before regulators, I am grateful for such
wisdom, and I respect the process they undertake in making their decisions—even
when such decisions do not go in the way I had hoped. As we enter 2013, I thought it was quite
appropriate to openly pay homage to such dedicated officials. I am glad they
are there.
Lloyd Levenson
ldlevenson@cooperlevenson.com
Lloyd Levenson is CEO and chairman of the Casino Law Department of the Atlantic City/Las Vegas law firm Cooper Levenson (www.cooperlevenson.com). He can be reached at (609) 344-3161.
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