2007 Business Committee Ordinances
Date2007
MediumDocument
ClassificationsArchive
Object numberBC.BCO.2007
Description2007 Business Committee OrdinancesOrdinance #07-01 - Gaming Ordinance amendment.
Ordinance #07-02 - Election Ordinance provision.
Ordinance #07-03 - Gaming Ordinance clarification.
Finding AidCitizen Potawatomi Nation
Ordinance #07-01
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN
POTAWATOMI NATION:
The Citizen Potawatomi Nation Gaming Ordinance is amended to read as
follows:
SECTION 1: CITATION
This ordinance shall be known and may be cited as the "Citizen
Potawatomi Nation Gaming Ordinance" and shall apply to all forms of gaming
conducted within the jurisdiction of the Citizen Potawatomi Nation.
SECTION 2: PURPOSES
The purposes of this ordinance are to promote the public order, peace,
safety and welfare of all persons coming within the jurisdiction of the Citizen
Potawatomi Nation, to provide a safe and wholesome means of recreational
activity in a community setting, and to provide a source of revenue for the
operation of the programs and departments of the Tribal government by ensuring
that any gaming activity conducted whether Class I, II, or Ill is fair, responsible,
and consistent with applicable federal law including the regulations and
guidelines established by Public Law 100-497, known as "The Indian Gaming
Regulatory Act," and/or any Tribal-State Compact to which the tribe is a party.
This ordinance shall be liberally construed to promote these purposes.
SECTION 3: DEFINITIONS
Unless the context clearly indicates a different meaning, the following
words are defined as:
a. "Tribe" (and any of its derivations) means the Citizen Potawatomi
Nation.
b. "Class I Gaming" means social games solely for prizes of minimal
value or traditional forms of Indian gaming engaged in by
individuals as a part of or in connection with Tribal ceremonies or
celebrations.
c. "Class II Gaming" means
(1) "Bingo," which means a game of chance (whether or not
08/31/2006 CITIZEN POTAWATOMI NATION 1
electronic, computer, or other technologic aids are used in
connection therewith)
(a) played for prizes, including monetary prizes, with
cards bearing numbers or other designations,
(b) in which two (2) or more players must be competing
for a game to begin,
(c) in which the holder of the card covers such numbers
or designations when objects similarly numbered or
designated, are drawn or electronically determined,
and
(d) in which the game is won by the first person covering
a previously designated arrangement of numbers or
designations on such cards, including (if played in the
same location) pull tabs, lotto, punch boards, tip jars,
instant bingo, and other games similar to bingo, and
(2) "Card Games" that:
(a) are explicitly authorized by the laws of the State of
Oklahoma, or
(b) are not explicitly prohibited by the laws of the State of
Oklahoma and are played at any location in the State
of Oklahoma, but only if such card games are played
in conformity with those laws and regulations (if any)
of the State of Oklahoma regarding hours or periods
of operation of such card games or limitations on
wagers or pot sizes in such card games.
(3) The term "Class II Gaming" does not mean:
(a) any house-banked card games, including baccarat,
chemin de fer, or blackjack (21), or
(b) electronic or electromechanical facsimile of any game
of chance which can be played as a standalone slot
machine
d. "Class Ill Gaming" means all forms of gaming that are not Class I or
Class II but are now or hereafter permitted by the State of
Oklahoma.
e. "Gross Revenue" means the total revenues from the operation of
gaming including among other things, entry fees, special session
fees, proceeds from the sale or rental of gaming cards or supplies,
sale of food or drink and similar items
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f. "Net Revenues" means gross revenues of a gaming activity less
amounts paid out as, or paid for, prizes and total operating
expenses including debt service but excluding management fees
paid to a management contractor within the meaning of 25 U.S.C. §
2711 (C).
g. "Expenses" means all sums actually expended and reasonable and
necessary for the gaming operation including, by example,
supplies, equipment, non-cash prizes, facilities, security services,
license fees, rent, employees and other personnel services.
h. "Court" means the courts of the Citizen Potawatomi Nation.
i. "NIGC" means the National Indian Gaming Commission.
k. "Gaming Commissioner" means the persons appointed by the
Business Committee pursuant to Pott. Ord. No. 92-12 (Oct. 2,
1991).
I. "Gaming Commission" means the Gaming Commissioner's Staff.
m. "GM" means General Manager of a Citizen Potawatomi Nation
gaming facility.
SECTION 4: APPLICATION OF NET REVENUES
In compliance with 25 U.S.C. § 2710(b) (2) (B), net revenues from any
gaming activity, are not to be used for purposes other than:
a. to fund Tribal government operations or programs;
b. to provide for the general welfare of the Tribe and its members;
c. to promote Tribal economic development
d. to donate to charitable organizations;
e. to help fund operations of local Government Agencies; or
f. any other purpose permitted under the Act.
SECTION 5: GAMING PROHIBITED
Except as provided herein no person shall conduct any form of gaming
within Tribal Indian Country for which a charge is made or other consideration
requested or required for participation, or to the winner of which any prize is
awarded.
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SECTION 6: GAMING ALLOWED
The only form of gaming allowed within Tribal jurisdiction is that duly
licensed and authorized by the Tribe and subject to the regulations of the Tribe
and the Indian Gaming Regulatory Act, or any Tribal/state compact for Class Ill
Gaming approved by the Chairman and the Secretary of the Bureau of Indian
Affairs.
SECTION 7: GAMING OPERATIONS
The Tribe shall have sole proprietary interest in and be responsible for the
conduct of all gaming operations. The Tribal Business Committee administers the
Tribal gaming operations consistent with this ordinance. The Tribal Administrator,
or in his absence, the Chairman of the Business Committee or his designee,
shall be the liaison between the Business Committee and the GM. The Gaming
Commission regulates and monitors compliance with this ordinance, any
tribal/state compacts, and all applicable federal or tribal laws on behalf of the
Tribe.
SECTION 8: MANAGEMENT OF GAMING OPERATIONS
All gaming operations shall be administered by the GM who is employed
by and serves at the pleasure of the Business Committee.
SECTION 9: LICENSE FOR LOCATION
No Class II or Class Ill gaming shall be allowed at any location unless a
separate license is issued by the Gaming Commission upon approval by the
Business Committee for such site.
SECTION 10: PUBLIC SAFETY STANDARDS
In compliance with 25 U.S.C. § 2710 (b) (42) (E), the construction and
maintenance of any gaming facilities, and the operation of gaming activities, shall
be conducted in a manner which adequately protects the environment and the
public health and safety and for that purpose shall comply with the requirements
of any applicable Tribal-State Compact and all other applicable health, safety and
environmental standards enacted by the Tribe.
SECTION 11: QUALIFICATIONS OF GENERAL MANAGER
The GM must:
a. Never have been convicted of a felony, gaming offense, or crime
involving dishonesty or moral turpitude.
b. Not have been convicted of any offense except traffic violations
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within two years from the date of employment.
c. Not be a member of the Business Committee or Grievance
Committee or related to any member of the Business Committee or
Grievance Committee by blood or marriage within the second
degree.
d. Not have had his surety bond forfeited or been criminally convicted
of or found civilly liable for any breach of fiduciary duty to the tribe
or have been impeached or removed from Tribal office.
e. be bondable in the necessary amounts.
f. Meet any other applicable qualifications as prescribed in the Indian
Gaming Regulatory Act.
SECTION 12: DUTIES OF GENERAL MANAGER
The duties of the GM are to:
a. Manage and conduct all forms of gaming and concessions of the
Tribal gaming operation allowed under this ordinance.
b. Timely submit all reports required by the Business Committee and
any applicable law.
c. Account for all monies and properties entrusted to him.
d. Perform any other duties established by the Business Committee.
SECTION 13: CONDUCT OF GAMING OPERATIONS
The GM shall conduct the gaming operation consistent with the following:
a. The rules of play and operation of the game as prescribed and
approved by the Gaming Commission and the Business
Committee.
b. Each and every player has a fair and equal opportunity to win.
c. The method of winning and the prize or prizes for each game
should be clearly outlined before each game.
d. The winner or winners of each game shall be verified in a manner
that all present may witness.
e. No person who is conducting or assisting in the gaming operation
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shall participate directly or indirectly in the play of that game.
f. No person under the age of-eighteen (18) years of age shall be
permitted to play for any reason.
g. He/she shall make determination as to the validity of a Winner or
winners at the conclusion of the game at which they were a winner.
If the GM's decision is disputed, it will be forwarded to the Gaming
Commission for the final resolution.
h. No alcoholic beverages or drugs of any kind shall be permitted in
the facility during the time that the facility is being used for the
gaming operation, unless the Business Committee has issued an
Alcoholic Beverage license for on-premises consumption.
i. No person excessively intoxicated, under the influence of drugs, or
in any violation of Tribal law or ordinance shall be permitted neither
to engage in any form of gaming nor to remain in the building when
gaming is being conducted.
SECTION 14: GAMING FACILITY EMPLOYEES
The following shall apply to employees of the gaming facilities:
a. All persons employed in the gaming operation shall be licensed by
the Gaming Commissioner as prescribed by the Indian Gaming
Regulatory Act or any tribal-state compact.
b. Each employee will wear his or her license in a visible manner
when operating or assisting in the operation of a gaming facility.
c. No person shall be employed whose prior activity, criminal record, if
any, or reputation, habits and associations pose a threat to the
public interest or the effective regulation of gaming, or create or
enhance the dangers of unsuitable, unfair or illegal practices and
methods and activities in the conduct of gaming.
d. As necessary, the Business Committee may require the GM or any
other "key" employee to be bonded in an amount not less than
$50,000 payable to the tribe.
e. Background investigations will be conducted on the primary
management officials and key employees as prescribed in the
Indian Gaming Regulatory Act, federal regulations, or any tribal-
/state compact and the results forwarded to the NIGC prior to the
issuance of licenses.
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f. When licenses are issued, the Gaming Commission will promptly
notify the NIGC as described in the Indian Gaming Regulatory Act,
federal regulations, or any tribal-state compact for Class III gaming.
g. The GM shall employ qualified tribal members in preference to
other equally-qualified applicants for work, but shall not be required
to employ or retain in employment unqualified tribal members.
SECTION 15: GAMING FACILITY RECORDS
The GM shall be responsible for storing and maintaining records
concerning all gaming operations. These records shall be audited annually and
the audit reports shall be open for inspection by any Tribal member at the office
of the Tribal Administrator.
SECTION 16: ESTABLISHMENT OF GAMING COMMISSION
The Citizen Potawatomi Nation Gaming Commission ("Gaming
Commission") having been previously established under prior gaming ordinances
shall continue to act as the regulatory body of the Tribe. The Gaming
Commissioner may act as the Executive Director. The Gaming Commissioner
shall establish a professional staff for purposes of investigations, licensing,
auditing, and compliance as deemed necessary. The Gaming Commissioner
shall report directly to the governing body of the Citizen Potawatomi Nation.
SECTION 17: GAMING COMMISSIONER QUALIFICATIONS
Gaming Commissioner must:
a. Never have been convicted of a felony, gaming offense or crime
involving dishonesty or moral turpitude.
b. Not have a direct or indirect financial interest in the gaming
facilities.
c. Not have been convicted of any offense except traffic violations
within two years from the date of employment.
d. Not be a member of the Business Committee or Grievance
Committee or related to any member of the Business Committee or
Grievance Committee by blood or marriage within the second
degree.
e. Not have had his surety bond forfeited or been criminally convicted
of or found civilly liable for any breach of fiduciary duty to the tribe
or have been impeached or removed from Tribal office.
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f. Be bondable in the necessary amounts.
g. Meet any other applicable qualifications as prescribed in the Indian
Gaming Regulatory Act.
SECTION 18: COMPENSATION
The Gaming Commissioner shall be compensated at a rate established by the
Business Committee.
SECTION 19: MEETINGS
(Reserved)
SECTION 20: QUORUM
(Reserved)
SECTION 21: GAMING COMMISSION FUNDING
The Gaming Commission functioning as an independent, non-profit entity
shall be funded as follows:
a. The Gaming Commission shall determine licensing fees, to
adequately operate and regulate, and propose a budget on an
annual basis to the Business Committee for approval.
b. The Gaming Commission shall collect any licensing fees required.
Such fees shall become tribal revenues and will be specifically
disbursed to the Gaming Commission budget as approved by the
Business Committee.
SECTION 22: FUNCTION OF THE GAMING COMMISSION
The Gaming Commission shall have the following powers and duties:
a. To ensure that all gaming within the Tribe's jurisdiction is operated
in accordance with all applicable laws and regulations including the
background checks and licensing of all employees of the gaming
operation pursuant to 25 CFR 558.1 (b).
b. The Gaming Commission shall be recognized as a law enforcement
authority for the purposes of conducting background investigations
and fingerprinting, enforcing regulations, and investigating incidents
of possible cheating, fraud, theft, or collusion.
08/31/2006 CITIZEN POTAWATOMI NATION 8
c. Conduct background investigations on management officials, key
tribal gaming employees, and vendors in accordance with IGRA
and NIGC regulations and forward them for NIGC and/or state
review.
d. Issue, deny, review, rescind, put conditions on, suspend or revoke
tribal gaming licenses for management officials, key tribal gaming
employees, and vendors.
g. Promulgate tribal gaming regulations in accordance with tribal and
Federal law and tribal/state compact requirements for gaming as
needed.
h. Establish or approve Tribal Minimum Internal Control Standards
and policies and procedures for the operation of the gaming
facilities, including but not limited to rules for cage and vault, credit,
table games, gaming devices, and surveillance and security
standards.
i. Establish regulations and procedures for proceedings including but
not limited to evidence, representation, and hearing officers for
patron dispute hearings as described in Section 30 (b) and
licensing hearings as described in Section 23 (h) of this ordinance.
j. Continuously regulate and monitor gaming operations to ensure
compliance with tribal and Federal law and tribal/state compact
requirements.
k. Oversee and/or conduct audits of the gaming facilities, including
audits of contract and supply contracts.
I. Conduct investigations of any alleged misconduct, take appropriate
enforcement action, and make appropriate referrals to tribal, state,
and federal law enforcement agencies.
m. Conduct hearings, take testimony, take disciplinary actions, levy
fines, issue closure orders and resolve patron disputes.
n. Ban, bar, or exclude patrons from gaming facilities.
o. Perform licensing responsibilities and duties assigned in Sections
23 and 24 of this ordinance.
p. Perform reporting responsibilities to the IRS as stated in Section 28
of this ordinance and ensure proper reporting in accordance with
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Title 31 of the US Code.
q. Work cooperatively with all applicable Tribal, State, and Federal
regulatory and law enforcement agencies.
SECTION 23: EMPLOYEES LICENSED
The Gaming Commissioner shall ensure that the policies and procedures
set out in this section are implemented with respect to key employees and
primary management officials employed at any gaming facility operated on tribal
lands:
a. Definitions. For the purposes of this section, the following
definitions apply:
(1) Key employee means those key employees as defined in
any statute or regulation and at a minimum includes:
(a) A person who performs one or more of the following
functions: (1) Bingo caller; (2) Counting room supervi-
sor; (3) Chief of Security; (4) Custodian of gaming
supplies or cash; (5) Floor manager; (6) Pit boss; (7)
Dealer; (8) Croupier; (9) Approver of credit; or (10)
Custodian of gambling devices including persons with
access to cash and accounting within such devices.
(b) If not otherwise included, any other person whose
total cash compensation is in excess of $50,000 per
year; or
(c) If not otherwise included, the four most highly-
compensated persons in the gaming operation.
(2) Primary management official means:
(a) The person having management responsibility for a
management contract;
(b) Any person who has authority to hire and fire
employees or to set up working policy for the gaming
operation; or
(c) The chief financial officer or other person who has
financial management responsibility.
b. Application Forms
08/31/2006 CITIZEN POTAWATOMI NATION 10
(1) The following notice shall be placed on the application form
for a key employee or a primary management official before
that form is filled out by an applicant:
"In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25
U.S.CA. § 2701 et seq. The purpose of the requested information is to
determine the eligibility of individuals to be employed in a gaming opera-
tion. The information will be used by National Indian Gaming Commission
members and staff who have need for the information in the performance
of their official duties. The information may be disclosed to appropriate
Federal, State, local or foreign law enforcement and regulatory agencies
when relevant to civil, criminal or regulatory investigations or prosecutions
or when pursuant to a requirement by a tribe or the National Indian
Gaming Commission in connection with the hiring or firing of an employee,
the issuance or revocation of a gaming license, or investigations of
activities while associated with a tribe or a gaming operation. Failure to
consent to the disclosures indicated in this notice will result in a tribe's
being unable to hire you in a primary management official or key
employee position.
The disclosure of your Social Security Number (SSN) is voluntary.
However, failure to supply a SSN may result in errors in processing your
application."
(2) Existing key employees and primary management officials
shall be notified in writing that they shall either:
(a) Complete a new application form that contains a
Privacy Act notice; or
(b) Sign a statement that contains the Privacy Act Notice
and consent to the routine uses described in that
notice.
(3) The following notice shall be placed on the application form
for a key employee or a primary management official before
that form is filled out by an applicant:
"A false statement on any part of your application may be grounds for not
hiring you, or for firing you after you begin work. Also, you may be
punished by fine or imprisonment." (U.S. Code, Title 18 Section 1001).
(4) The Gaming Commission shall notify in writing existing key
employees and primary management officials that they shall
either:
08/31/2006 CITIZEN POTAWATOMI NATION 11
(a) Complete a new application form that contains a
notice regarding false statements; or
(b) Sign a statement that contains the notice regarding
false statements
c. Background Investigations:
(1) The Gaming Commission shall request from each primary
management official and from each key employee all of the
following information:
(a) Full name, any other names used (oral and/pr
written), social security number(s), birth date, place of
birth, citizenship, gender, all languages (spoken or
written);
(b) Currently and for the previous five years: business
and employment positions held, ownership interests
in those businesses, business and residence
addresses, and driver's license numbers;
(c) The names and current addresses of at least three-
personal references, including one personal reference
that was acquainted with the applicant during each
period of residence listed under Paragraph (1) (b) of
this section;
(d) A description of any existing and previous business
relationships with Indian tribes, including ownership
interests in those businesses;
(e) A description of any existing and previous business
relationships with the gaming industry generally,
including ownership interests in those businesses;
(f) The name and address of any licensing or regulatory
agency with which the person has filed an application
for a license or permit related to gaming, whether or
not such license or permit was granted;
(g) For each felony for which there is an ongoing
prosecution or a conviction, the charge, the name and
address of the court involved, and the date and
disposition, if any;
(h) For each misdemeanor conviction or ongoing
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misdemeanor prosecution (excluding minor traffic
violations), within ten years of the date of the
application, the name and, address of the court
involved and the date and disposition; numbers;
(i) For each criminal charge (excluding minor traffic
charges), whether or not there is a conviction, if such
criminal charge is within ten years of the date of the
application and is not otherwise listed pursuant to
Paragraph (1) (h) or (1) (i) of this section, the criminal
charge, the name and address of the court involved
and the date and disposition;
(j) The name and address of any licensing or regulatory
agency with which the person has filed an application
for an occupational license or permit, whether or not
such license or permit was granted;
(k) A current photograph;
(I) Any other information the Gaming Commission
deems relevant; and
(14) Fingerprints consistent with procedures adopted by the Tribe
according to 25 C.F.R. § 522.2(h);
(15) The Gaming Commission shall conduct an investigation
sufficient to make a determination under Subsection d
below. In conducting a background investigation, the
Gaming Commission or its agent shall promise to keep
confidential the identity of each person interviewed in the
course of the investigation.
d. Eligibility Determination.
The Gaming Commission shall review all the information referred to
in Subsection c of this Section including but not limited to a
person's prior activities, criminal record, if any, and reputation,
habits and associations to make a finding concerning the eligibility
of a key employee or primary management official for employment
in a gaming operation. If the Gaming Commission determines that
employment of the person poses a threat to the public interest or to
the effective regulation of gaming, or creates or enhances dangers
of unsuitable, unfair, or illegal practices and methods and activities
in the conduct of gaming, a tribal gaming operation shall not employ
that person.
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e. Procedures for Forwarding Applications and Reports for Key
Employees and Primary Management officials to the Nation Indian
Gaming Commission.
(1) When a key employee or primary management official
begins work at a gaming operation authorized by this
ordinance, the Gaming Commission shall forward to the
National Indian Gaming Commission a completed
application for employment and conduct the background
investigation and make the determination referred to in
Subsection d of this section.
(2) The Gaming Commission shall forward the report referred to
in this subsection to the NIGC within 60 days after an
employee begins work or within 60 days of the approval of
this ordinance by the Chairman of the NIGC.
(3) The gaming operation shall not employ as a key employee or
primary management official a person who does not have a
license after 90 days.
f. Report to the NIGC.
(1) Pursuant to the procedures set out in Subsection e of this
section, the Gaming Commission shall prepare and forward
to the NIGC an investigative report on each background
investigation. An investigative report shall include all of the
following:
(a) Steps taken in conducting the background
investigation;
(b) Results obtained;
(c) Conclusions reached; and
(d) The basis for those conclusions.
(2) The Gaming Commission shall submit, with the report, a
copy of the eligibility determination made under Subsection d
of this section.
(3) If a license is not issued to an applicant, the Gaming
Commission:
08/31/2006 CITIZEN POTAWATOMI NATION 14
(a) May notify the NIGC; and
(b) May forward copies of its eligibility determination and
investigative report (if any) to the NIGC for the
inclusion in the Indian Gaming Individuals Records
System.
(4) With respect to key employees and primary management
officials, the Gaming Commission shall retain applications for
employment and reports (if any) of background
investigations for inspection by the Chairman of the NIGC or
his or her designee for no less than three (3) years from the
date of termination of employment.
g. Granting a Gaming License.
(1) If, within a thirty (30) day period after the NIGC receives a
report, the NIGC notifies the Gaming Commission that it has
no objection to the issuance of a license pursuant to a
license application filed by a key employee or a primary
management official for whom the Gaming Commission has
provided an application and investigative report to the NIGC,
the Gaming Commission may issue a license to such
applicant.
(2) The Gaming Commission shall respond to a request for
additional information from the NIGC concerning a key
employee or a primary management official who is the
subject of a report. Such a request shall suspend the 30-day
period under Paragraph g (1) of this section until the
Chairman of the NIGC receives the additional information.
(3) If, within the thirty (30) day period described above, the
NIGC provides the Gaming Commission with a statement
itemizing objections to the issuance of a license to a key
employee or to a primary management official for whom the
Gaming Commission has provided and application and
investigative report to the NIGC, The Gaming Commission
shall reconsider the application, taking into account the
objections itemized by the NIGC. The Gaming Commission
shall make the final decision whether to issue a license to
such applicant.
h. License Suspension.
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(1) If, after the issuance of a gaming license, the Gaming
Commission receives from the NIGC reliable information
indicating that a key employee or primary management
official is not eligible for employment under Subsection d
above, the Gaming Commission shall suspend such license
and notify in writing the licensee of the suspension and the
proposed revocation.
(2) The Gaming Commission shall notify the licensee of a time
and place for a hearing on the proposed revocation of a
license.
(3) After a revocation hearing, the Gaming Commission shall
decide to revoke or to reinstate a gaming license. The
Gaming Commission shall notify the NIGC of its decision.
SECTION 24: PROCEDURES FOR BACKGROUND INVESTIGATIONS
The Gaming Commission is responsible for the conduct of the background
investigations and suitability to determinations for licensing of key employees and
primary management officials.
a. Organizational Chart.
(1) Gaming Commissioner.
The Gaming Commissioner under the gaming ordinance
shall be ultimately responsible for conducting and/or causing
to be conducted the background investigations on key
employees and primary management officials. The Gaming
Commissioner may conduct the investigations personally or
may, employ Gaming Commission Staff to conduct the
background investigations on behalf of the Gaming
Commissioners. The Gaming Commissioner may also
designate a Licensing Agent responsible for reviewing and
approving the investigative work performed. The Gaming
Commissioner or designee shall make all determinations
concerning the licensing of key employees and primary
management officials. The results of the background
investigation shall be submitted to the NIGC.
(2) Licensing Agents and Background Investigators.
Licensing Agents and Background Investigators may be
employed by the Gaming Commissioner to assist in
background investigations. Any investigators employed for
background investigations will be under the supervision of
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Gaming Commissioner or designee referred to in
Subsection a (1) above. All reports of the investigators will
be forwarded to the Gaming Commissioner or designee, who
shall make the reports a part of the Gaming Commission's
final investigative report submitted to the NIGC.
(3) Selection of Responsible Individuals.
Persons responsible for the background investigations are
granted the authority under the Tribal Ordinance.
b. Investigative Procedures
(1) Information Required.
The Gaming Commission shall secure from each key
employee or primary management official applicant all
information required by the tribal gaming ordinance, federal
law, and regulation.
(2) Check List.
The Gaming Commission shall create a checklist which shall
be used in the verification process. This list shall indicate
that each item of information received from the primary
management official or employee applicant has been verified
through written or oral communication.
(3) Personal Interviews.
In inquiring into the applicant's character, the Gaming
Commission shall interview a sufficient number of
knowledgeable people such as former employers, personal
references, and any other individuals which may have
information as to the reputation, habits and associations of
the applicant. The Gaming Commission shall interview as
many individuals as is necessary (in no event shall the
number of persons interviewed be less than five) sufficient to
make a finding concerning the eligibility for employment in
the gaming operation.
c. Investigative Report
(1) Content.
The final investigative report shall identify all potential
problem areas as discovered during the investigation and
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shall state the final resolution of each problem area. Further,
the final report shall specifically identify the information
which formed the basis for the rejection or disqualification of
any applicant.
(2) Procedure.
The final investigative report submitted to the NIGC shall set
forth in detail the procedure followed by the Gaming
Commission in conducting the background investigation.
(3) Disclosure.
The final report submitted to the National Indian Gaming
Commission shall set forth in detail the results of the
investigation, including the disclosure of all potential
problems in the applicant's background and, in detail, the
facts which demonstrate the existence of the problem.
(4) Recommendation.
The final investigative report shall state whether the
applicant should or should not be granted a license and shall
state, in detail, the facts that support the grant, or denial of
said license.
SECTION 25: ANNUAL AUDIT
The Business Committee will annually provide the NIGC with a copy of
that portion of the audit prepared by the Tribe's independent auditor that relates
to the gaming. This audit will include, among other matters, all contracts for
supplies, services (except legal or accounting) or concessions in excess of
$25,000 annually that relate to the gaming operation.
SECTION 26: GAMING ACCOUNT
By resolution, the Tribe by Business Committee shall designate one
banking account as the Tribal "Gaming Account." The account shall be
maintained in a financial institution designated by the Business Committee. The
Gaming Account shall be subject to the Annual Audit. Gross revenues derived
from the conduct of Tribal gaming operations, excluding any cash payouts made
during a Gaming session shall be deposited in the Tribal Gaming Account. No
other monies shall be commingled with the Tribal Gaming Account. Except as
specifically approved by the Business Committee, disbursement from the Tribal
Gaming Account will only be made to pay reasonable and necessary expenses
and will only be made on checks endorsed by Tribal Administration (two
Executive Committee members). Net revenues are to be transferred monthly to
08/31/2006 CITIZEN POTAWATOMI NATION 18
the Tribe's General Fund account to be disbursed solely as authorized by
Business Committee appropriation.
SECTION 27: SUPPLIES AND EQUIPMENT
All reasonable and necessary expenses of the gaming operation must be
approved by the Tribal Administration. Provided further that all contracts for
purchases of supplies, concession or services (excluding contracts for
professional, legal or accounting services) must receive prior approval of Tribal
Administration, which shall be obtained by the GM by submitting the proper
requisition. All purchases of equipment, materials, concessions and food or any
other item paid from the Gaming Account shall be the property of the Tribe.
SECTION 28: LOCATION AND SCHEDULE OF GAMING
All gaming sessions authorized herein shall be conducted at a place within tribal
jurisdiction and on such days and times as may be approved by the Business
Committee. The location and time for conducting Class Ill Gaming shall be
consistent with any Tribal-state compact.
SECTION 29: DISCRIMINATION
Notwithstanding any other provision of this section, The Business Committee or
the GM, or the Gaming Commissioner may bar any person from admittance to
any Tribal gaming facility for any or no reason whatsoever. However, no person
shall be discriminated against because of his race, color, creed, sex, or natural
origin.
SECTION 30: PATRON DISPUTE RESOLUTION
In the event of (a) an alleged personal injury or property damage suffered
by a patron of the gaming facility, or (b) a dispute between a patron and the
gaming enterprise regarding the payment of bet or distribution of winnings, the
patron may make a claim against the gaming enterprise as follows:
a. Personal Injury or Property Damage.
(1) Making Claim.
Any patron having a claim against the gaming enterprise for
personal injury or property damage shall present a claim to the
gaming enterprise for any appropriate relief including the award of
money damages. Claims against the gaming enterprise are to be
presented within ninety (90) days of the date of the injury or loss
occurs. In the event a claim is not presented following ninety (90)
days after the injury or loss occurs, but within one (1) year, any
judgment in a lawsuit arising from the act which is the subject of the
claim shall be reduced by ten (10) percent. A claim against the
gaming enterprise shall be forever barred unless notice thereof is
08/31/2006 CITIZEN POTAWATOMI NATION 19
presented within one (1) year after the injury or the loss occurs. A
claim against the gaming enterprise shall be in writing and filed with
the Tribal Gaming Commission at the address of the gaming
facility. Notices explaining this procedure shall be posted in the
gaming facility. Such notices shall explain that this procedure is the
exclusive method of making a tort claim. Such notices shall explain
that upon denial of a claim redress must be sought exclusively in
Tribal Court.
(2) Notice.
The written notice of claims of the gaming enterprise shall state the
following:
(a) Date;
(b) Time;
(c) Place;
(d) circumstances of the claim;
(e) the identities of tribal or gaming employees, and witnesses
as applicable,
(f) the amount of compensation or other relief demanded,
(g) the name, address and telephone number of the claimant;
and
(h) the name, address and telephone number of any agent
authorized to settle the claim.
(3) Denial.
A claim is deemed denied if the gaming enterprise fails to approve
the claim in its entirety within ninety (90) days of receipt, unless the
interested parties have reached a settlement before the expiration
of that period. A person may not initiate suit against the gaming
enterprise unless the claim has been denied in whole or in part.
The claimant and the gaming enterprise may continue attempts to
settle a claim; however, settlement negotiations do not extend the
date of denial.
(4) Limitations.
No action for any cause arising from personal injury or property
08/31/2006 CITIZEN POTAWATOMI NATION 20
damage shall be maintained unless valid notice has been given and
the action is commenced in a tribal court within 180 days after
denial of the claim as set forth herein. Neither the claimant nor the
gaming enterprise may extend the time to commence an action by
continuing to attempt settlement of the claim.
b. Patron Dispute - Payment of Winnings.
(1) Administrative Process.
Any person who has any dispute, disagreement or other grievance
with the gaming enterprise that involves currency, tokens, coins, or
any other thing of value, may seek resolution of such dispute from
the following persons and in the following order:
(a) a member of the staff relevant of the gaming enterprise.
(b) the supervisor in the area of the relevant gaming
enterprise in which the dispute arose.
(c) the General Manager of the gaming enterprise.
(2) Patron Rights Regarding Disputes.
When a patron brings a dispute for resolution through the
administrative process, the complainant shall have the right to
explain his or her side of the dispute, and to present witnesses in
connection with any factual allegations. At each level, if the dispute
remains unresolved, the complainant shall be informed of the right
to take the dispute to the next higher level. Resolution of any
dispute by the personnel of a gaming enterprise shall always
involve two or more staff members. All disputes, whether resolved
or not, shall be reported in detail by the staff persons involved to
their supervisor, the General Manager of the property, and to the
Gaming Commission.
(3) Refusal to Pay Winnings.
Whenever the gaming enterprise refuses payment of alleged
winnings to a patron and the GM of that enterprise and the patron
are unable to resolve the dispute to the satisfaction of the patron
and the dispute involves:
(a) At least five hundred Dollars ($500.00), the General
Manager shall immediately notify the Gaming Commission.
The Gaming Commission shall conduct whatever
08/31/2006 CITIZEN POTAWATOMI NATION 21
investigation it deems necessary and shall determine
whether payment should be made; or
(b) Less than five hundred dollars ($500.00), the General
Manager shall inform the patron of his or her right to
request that the Gaming Commission conduct an
investigation. Upon request of the patron, the Gaming
Commission shall conduct whatever investigation it deems
necessary and shall determine whether payment should be
made.
(4) Limitation of Liability.
The liability of the gaming enterprise in any proceeding under these
regulations shall be limited to the amount of the alleged winnings
and a patron shall not be entitled to an award of special or punitive
damages, or damages for mental distress. In addition, disputes
relating to a patron's entitlement to a game prize shall be limited to
the amount of such prize. The Gaming Commission's decision shall
constitute the complainant's final remedy.
(5) Petition to the Gaming Commission
Patrons who have complaints against the gaming enterprise shall
have as their final remedy the right to file a petition for relief with the
Gaming Commission. Any patron complaint must be submitted in
writing to the Gaming Commission within thirty (30) days of the
incident giving rise to the complaint. The Gaming Commission shall
then grant a hearing.
(6) Hearing Procedures - Patron Disputes.
The Gaming Commission shall establish hearing procedures as
stated in Section 19 (i) that shall be used to hear and decide any
petition for relief. The Gaming Commission shall then issue a
written decision that shall be sent via certified mail to the patron
and the GM of the enterprise.
(7) Petition for Reconsideration.
Within thirty (30) days after the date of receipt of the written
decision, the aggrieved party may file a petition with the Gaming
Commission requesting a review of the decision. The Gaming
Commission may, at its discretion, set a hearing on the matter or
may make a decision based solely upon the prior decision and
other documentation provided to it by the patron and the gaming
08/31/2006 CITIZEN POTAWATOMI NATION 22
enterprise. The decision of the Gaming Commission shall be final
and binding upon the patron and the gaming enterprise and shall
not be subject to any further dispute resolution, judicial review, or
any other legal action.
SECTION 31: REPORT OF WINNERS
No prize shall be awarded unless the winner has fairly won without any
collusion with the GM or any of his employees or agents. A receipt
acknowledging acceptance and receipt of the prize awarded must be signed by
any winner if it exceeds the amount designated by the GM. The GM has the
authority to hold the payment of any winnings indefinitely until the final
verification of authentic winning has been determined whether by inquiry or
electronic means of validation upon the approval of the Gaming Commissioner or
Business Committee.
The Gaming Commissioner or designee shall ensure accurate and timely
reports are sent to the Internal Revenue Service of any winners at any gaming
facility whose prize winnings exceed the minimum limits set by the Internal
Revenue Service. In which case, acceptable proof of winners' name, address,
and social security number must be presented to the GM or his designee in order
to be paid prizes.
SECTION 32: CRIMINAL PENALTIES
Any person or firm violating the provisions of this chapter shall be guilty of
an offense and shall, upon conviction thereof, be punished as provided by law. If
a person is convicted in Tribal court, he may be punished by confinement in the
Tribal jail for a period of not less than ten (10) days and no more than six (6)
months or by a fine of not less than $500 and no more than $5,000 or by both
such fine and imprisonment per occurrence.
Such remedy shall not be exclusive or preclude any civil or other judicial
remedy available to the Tribe.
SECTION 33: SERVICE OF PROCESS
All notices or process made pursuant to this ordinance may be made by
directing said notice to:
Gaming Commissioner
Citizen Potawatomi Nation
1601 S. Gordon Cooper Drive
Shawnee, OK 74801
cc: Tribal Administrator
Citizen Potawatomi Nation
08/31/2006 CITIZEN POTAWATOMI NATION 23
1601 S. Gordon Cooper Drive
Shawnee, OK 74801
SECTION 34: REPEALER
Any prior gaming ordinances and all other ordinances inconsistent herewith are
hereby repealed.
SECTION 35: EFFECTIVE DATE
This Ordinance shall become effective on the date of approval.
CERTIFICATION
In their respective capacities as officers of the Citizen Potawatomi Nation,
the undersigned do hereby certify that the above and foregoing ordinance is a
true and correct copy of Ordinance # POTT 07-01 as approved on the 31st day
of August, 2006, with 5 voting for, 0 opposed, and 0 absent or
abstaining.
John A. Barrett D. Wayne TrousdaIe
Chairman Secretary/Treasurer
08/31/2006 CITIZEN POTAWATOMI NATION 24
Citizen Potawatomi Nation
Ordinance # 07-02
AN AMENDMENT TO THE ELECTION ORDINANCE OF THE CITIZEN
POTAWATOMI NATION TO PROVIDE FOR THE USE OF ELECTRONIC MACHINE
TABULATION OF VOTES.
WHEREAS, use of electronic vote counting machines in Tribal elections allows for quick and
accurate tabulation of election results; and
WHEREAS, the following provisions for the use of electronic vote counting machines should
be added to the Election Ordinance of the Citizen Potawatomi Nation:
§ 9-102(f): If electronic vote counting machines are used to tabulate the vote, the
voter shall insert the ballot into the machine.
§ 9-201(d): If electronic vote counting machines are used, tabulation of the vote
is done as soon as the voter completes his ballot and inserts it into the machine.
§ 9-203: If electronic vote counting machines are used, the count is tabulated as
the voting takes place.
§ 9-204: If electronic vote counting machines are used to tabulate the vote, the
tally is compiled electronically.
NOW, THEREFORE BE IT ENACTED BY THE BUSINESS COMMITTEE OF
THE CITIZEN POTAWATOMI NATION, that §9-102, 9-201, 9-203 and 9-204 of
the Election Ordinance of the Citizen Potawatomi Nation pertaining to voting procedures
and tabulation are hereby amended to provide for the use of electronic vote counting machines.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Business
Committee of the Citizen Potawatomi Nation.
CERTIFICATION
In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do
hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance
#07-02, as approved on the 27th day of September, 2006 with 5 voting for, 0 opposed
and 0 absent or abstaining.
John A. Barrett D Wayne Trousdale
Chariman [as shown on physical] Secretary-Treasurer
CITIZEN POTAWATOMI NATION
Citizen Potawatomi Nation
Ordinance #07-03
AN AMENDMENT TO THE GAMING ORDINANCE OF THE CITIZEN POTAWATOMI
NATION TO CLARIFY THE CRIMINAL JURISDICTION OF THE CITIZEN
POTAWATOMI NATION.
SECTION 32: CRIMINAL PENALTIES
Any person or firm subject to the jurisdiction of the Tribe violating the
provisions of this chapter shall be guilty of an offense and shall, upon conviction
thereof, be punished as provided by law. If a person subject to the jurisdiction of
the Tribe is convicted in Tribal court, he may be punished by confinement in the
Tribal jail for a period of not less than ten (10) days and no more than six (6)
months or by a fine of not less than $500 and no more than $5,000 or by both
such fine and imprisonment per occurrence.
Such remedy shall not be exclusive or preclude any civil or other judicial
remedy available to the Tribe.
NOW, THEREFORE BE IT ENACTED BY THE BUSINESS COMMITTEE OF
THE CITIZEN POTAWATOMI NATION, that Section 32 of the Citizen Potawatomi
Nation Gaming Ordinance entitled "Criminal Penalties" is hereby amended.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Business Committee of the Citizen Potawatomi Nation.
CERTIFICATION
In their respective capacities as officers of the Citizen Potawatomi Nation, the
undersigned do hereby certify that the above and foregoing ordinance is a true and
correct copy of Ordinance #07-03, as approved on the 28th day of November, 2006
with 5 voting for, 0 opposed and 0 absent or abstaining.
John A. Barrett D. Wayne Trousdale
Chariman[as shown on physical] Secretary-Treasurer
CITIZEN POTAWATOMI NATION