Background
The Mohegan Tribal Gaming Authority (the “Authority”) is an instrumentality of the Mohegan Tribe of Indians of Connecticut, a federally recognized Indian tribe. The Mohegan Tribe has a 405-acre reservation in Uncasville, Connecticut, where the Authority has been granted an exclusive right to operate and regulate gaming activities on tribal lands. In October 1996, the Authority opened Mohegan Sun, a gaming and entertainment complex on 240 acres of the Tribe’s land.
Over the past six years, Mohegan Sun has and continues to undergo a series of major expansions. The complex currently operates in an approximately 3 million square foot facility, which includes the “Casino of the Earth,” “Casino of the Sky,” “Shops at Mohegan Sun,” a 10,000-seat arena that is home to the Women’s National Basketball Association Connecticut Sun, a 1,200-room luxury hotel, a 350-seat Cabaret, and 100,000 square feet of convention space. Further expansion of the complex is underway currently with “Project Horizon,” an estimated $925 million renovation scheduled for completion in 2010. The Tribe’s operation of Mohegan Sun is one of only two legally authorized gaming operations in Connecticut.
Through an Authority subsidiary, Downs Racing, LP, the Authority also owns and operates Mohegan Sun at Pocono Downs, a 400-acre harness racetrack and casino in Plains, Pennsylvania, as well as Pennsylvania off-track betting facilities in Carbondale, East Stroudsburg, Hazelton and Lehigh Valley. Harness racing has been conducted at Pocono Downs for more than 40 years. Downs Racing is the first harness track to offer slot machine gaming in Pennsylvania.
Through an Authority subsidiary, Mohegan Golf, LLC, the Authority also owns and operates Mohegan Sun Country Club at Pautipaug, an 18-hole championship golf course located in southeastern Connecticut. The Tribe continues to pursue a diversification strategy of its business interests either through management or ownership of, or investment in, other gaming enterprises. In pursuit of that strategy, the Authority has obtained development and management agreements for a proposed casino to be built in Clark County, Washington by the Cowlitz Indian Tribe; development and management agreements for a proposed casino to be built in Kenosha, Wisconsin by the Menominee Indian Tribe; and is pursuing other gaming projects at Aqueduct Racetrack in Jamaica, New York and Wyandotte County, Kansas.
The Position
The Senior Vice President of Legal Affairs will be responsible for all of the Authority’s legal matters and report to its Executive Vice President and Chief Operating Officer. The position will have two direct reports: the Vice President, General Counsel Mohegan Sun, who also has two lawyers on her team, and Vice President, General Counsel Mohegan Tribal Gaming Authority. The SVP of Legal Affairs will also supervise a paralegal/ administrator.
Specifically, the SVP of Legal Affairs will handle all legal maters for Mohegan Sun, Pocono Downs, joint ventures to which the Authority is a party, mergers & acquisitions, and general business and financial legal matters. Among other things, responsibilities will include:
– Advising management on legal matters for all its business interests;
– Assessing risk and providing practical solutions in a timely manner;
– Ensuring compliance with all regulatory schemes including securities, labor and employment, privacy, records retention and liquor laws;
– Reviewing, negotiating and drafting contracts and other documents related to mergers and acquisitions and other types of business ventures;
– Ensuring that contracts negotiated on the Authority’s behalf promote its best interests and comply with all applicable federal, state and tribal laws and regulatory requirements, including gaming and securities regulations, as well as financial commitments and obligations;
– Evaluating and supervising all threatened or pending litigation and seeking expeditious resolution as appropriate;
– Interfacing and interacting with the Mohegan Tribal Council as necessary;
– Recommending and developing changes to Authority policies and procedures as appropriate;
– Developing, implementing, monitoring and evaluating departmental capital and operating budgets;
– Recruiting, training, supervising, counseling and evaluating in-house attorneys and staff; and
– Selecting, monitoring and overseeing outside counsel.
Requirements
– Outstanding academic credentials;
– Licensed to practice law in any jurisdiction, and a member in good standing;
– 10+ years experience, both in-house and at a major law firm, handling complex commercial transactions, including mergers and acquisitions, finance, and real estate development, preferably in the gaming or hospitality industries;
– Expertise handling corporate governance matters under the Sarbanes-Oxley Act;
– Experience managing and supervising litigation;
– Experience with employment law;
– Knowledge of securities laws and regulations, including SEC reporting requirements;
– Experience supervising and training staff; and
– Receptive to becoming proficient in Indian and liquor laws.
Skills
– Exudes leadership and excellent interpersonal skills;
– Is very much a team-player who possesses the ability to build rapport with a small, cohesive senior management team, as well as with employees at all levels of the Authority;
– Is a strategic thinker that exhibits a high-degree of motivation and innovation in problem-solving who will help grow the business;
– Is hands-on and unafraid to roll up the shirt sleeves in order to achieve excellent results;
– Is patient and able to coach others in performing tasks;
– Is low-maintenance with a calm and pleasant demeanor and is able to embrace the Authority’s long-term goals and objectives; and
– Is able to divine trends, adapt to changing and/or emerging situations, and handle an array of complex legal and business issues.
The Authority Executive Team
The executive team is dynamic and seeks to function by consensus in running the business. Mitchell Grossinger Etess is Chief Executive Officer of the Authority, and President and Chief Executive Officer of Mohegan Sun. Mr. Etess joined Mohegan Sun as a member of the casino’s pre-opening team in 1996 as Senior Vice President of Marketing. Thereafter, Mr. Etess was promoted to Executive Vice President of Marketing and was responsible for marketing, food and beverage, sports and entertainment, and hotel operations. Mr. Etess was elevated to President and Chief Executive Officer of Mohegan Sun in 2004. Prior to his career at Mohegan Sun, Mr. Etess worked at Players Island Resort-Casino-Spa in Nevada, and at Trump Plaza Hotel & Casino in Atlantic City. As well, Mr. Etess worked in virtually every capacity at his family’s Grossinger’s Hotel in Grossinger, New York.
Jeffrey Hartmann is Chief Operating Officer of the Authority, and Executive Vice President and Chief Operating Officer of Mohegan Sun. Mr. Hartmann came to Mohegan Sun in 1996 as Executive Vice President and Chief Financial Officer and was responsible for day-to-day accounting, financial reporting to the SEC and bondholder and banking relations. Mr. Hartmann was promoted to Executive Vice President and Chief Operating Officer in 2004. In that capacity, he oversees Mohegan Sun’s hotel operations.
Prior to joining the Authority, Mr. Hartmann was Vice President of Finance for Foxwoods Management Company for five years. A Certified Public Accountant, Mr. Hartmann was employed by PricewaterhouseCoopers, LLP, as an Audit Manager for seven years before that.
Leo Chupaska is the Authority’s Chief Financial Officer; he has held that position since 2004. Prior to that, Mr. Chupaska served as CFO of the Mohegan Tribe and was a member of the Financial Advisory Committee of the Authority’s Audit Committee. Prior to joining the Tribe, Mr. Chupaska served as Director of Financial Services for Lawrence and Memorial Hospital in New London, Connecticut.
Compensation
Compensation will consist of a generous base salary, depending upon the candidate’s experience. A discretionary bonus also is part of compensation which is based upon the Authority’s financial performance and other metrics.
Location
The village of Uncasville is part of Montville Township in New London County, Connecticut. Among other things, the county is a destination for travelers who are interested in historic maritime (Mystic Seaport). New London County also is home to the Stonington Winery, NASCAR racing at the Waterford Speedbowl, and Ocean Beach and Boardwalk for those interested in the beach. Waterfront property and excellent schools are within reasonable commuting distances to the resort.
