Ralph Darden, Chairman 

Chitimacha Tribe of Louisiana 

P.O. Box 661 

Charenton, Louisiana 70523 

Dear Chairman Darden: 

This letter responds to your request to review and approve 

the amendment to the tribal gaming ordinance of the Chitimacha 

Tribe of Louisiana. The amendment to the ordinance was adopted 

by the Tribe by Resolution No. 1-96 on February 1, 1996. This 

letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

amendments to ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the 

Chairman's review and approval is limited to the requirements of 

the IGRA and the NIGC regulations. 

Thank you for submitting the amendment to the tribal gaming 

ordinance of the Chitimacha Tribe of ~ouisiana. The NIGC staff 

and I continue to look forward to working with you and the Tribe 

in implementing the IGRA. 

Sincerely yours, .4 

cc Robert J. Carroll, 

Chairman, Chitamacha Gaming Commission 

- - . .-- - -- - - .. . . . . .. . -- - - 1441 L STREET, N.W. 9TH FLOOR-WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066-- _ - _ - -. . - . . . - -- - - . - -- . - - - - - 
I P. 0. BOX 661 

CHITIMAGHA TRIBE OF LOUISIANA CHARENTON. LA. 70523 

318-923-4973 

$$! ' 

CHITmCHA TRIBAL CO-L 

ORDINANCE # 1-96 

WHEREAS7 the Chitimacha %be of Low'siana is a Native American Indian Tribe organized under 

the Indian Reorganization Act of 2 934; and 

WKEREAS, the Chitimacha Ebe is a sovereign Indian Nation and recognized as such by the United 

States ofAmerica; and 

WHEREM, the Chitimacha Tribal Council is the duly elected governing body of the %be, as 

authorized by Article K Section 1 of the Constitution and Bylaws adopted by the People 

of the Chitimacha Tribe and approved by the Styetary of the Interior; and 

mREM7 the Chitimacha Tribal Council, being the governing body of a sovereign nation, has the 

authority an'dre~~onsibility ofproviding for the health, education, safety and welfare of 

the Chitimacha People; and 

WH?ZREM, the Chitimacha Tribe ofLouisiana orvns the Cqpress Bayou Casino, a Native American 

gamingenthprise operatedpursuant to the provisions of the Indian Gaming Regulatory 

Act, the mbal State Compact, and the Ordinances of the Chithacha Tribe and the 

Regulations of the Chitimacha Gaming Commission; and 

WEREM, the Chitimacha nibe, in order to promote the comprehensive and effective regulation 

of all gaming activities at said C3.pres.s Bayou Casino, prevjously adopted Title XI - 

Gaming Ordinance to the Chitimacha Comprehensive Codes of Justice, inclusive of the 

establishment of the Chitimacha Gaming Commission; and 

WHERE., gaming activities commenced on or about December 17, 1993, and have occurred 

con tin uously through the present day; and 

mREAS7 during the aforementioned period of operation of the C'ress Bayou Casino, sigru'ficant 

expansion activities have occun-ed which have resulted in a substantial increase in We 

soope and size of the gaming facility and in the number of staffof the gaming operation, 

d of which has increased the duties and responsibilities of the Gaming Commission; and 

=m7 the Chihacha Ribal Council has determined and reiterates that gaming activities shall 

always be conducted with absolute integrity and pursuant to the most rigorous and 

comprehensive Gaming Commission oversight possible; and 
ORDINANCE # 1-96 , PAGE TWO I 

WHEREAS the structurb and operational fi-amework of the Gaming Commission must likewise 

undergo revision and expansion to achieve the continuation of the WbaI Council's 

mandate to ensure the comprehensive and effective regulation ofgamingactivities; and 

mmj pursuant to same, the Tribal Council recogniies the need for amendments to Me XI - 

Gaming Ordinance of the Chitimacha Comprehensive Codes of Justice, consisting of the 

revision of Sections 509, 511 through 523 and the addition ofsection 526; 

WEREAS? in accordance with the Procedural Guidelines for Implementation of Ordinances and 

Revisions, official notice of same was published before the Chitimacha People, with 

no adverse domments beingreceived. 

THEREFORE BE IT RESOLVED, that the Chitimacha Ma1 Cbuncii hereby amends Title XI- Gaming 

Ordinance with the revision of Sections 509,511 through 523 and We additjon of Section 

526, as set forth in the attached revised document. 

BE IT FURTHER RESOL WD, that the aforementioned, shall become effective upon approval of this 

ordinance by the Chitimacha Xbal Council and the National Indian Gaming 

Commission. 

CERTIFICATION 

I the undersigned, as Secretary-Treasurer of the Chitimacha Tbibal Council, certa that the Tribal 

Council is composed of 5 members of whom 5 were present at a regular scheduled meeting, called, 

convened and held this 1st day of February,1996, and that the foregoing ordinance was ddy adopted at 

such meeting by the affFnnative vote of3 members for,& members against, and members 

abstaining; pursuant to the authority contained under Article VII, Section 1 of our Tribal Constitution 

and Bylaws approved January 14, 1971. 

ATTEST: APPaO WD: 

l?&dwb dk., 

Pegsy ad y, Secretary- easurer 
gaming. The Tribe shall provide the St. Mary Parish with notice of the date and amount of each such 

contribution at the time that it is made. These contributions shall not impose any additional I 

obligations or liabilities upon the Tribe and shall be limited to the following: 

(A) Commencing the second year of Class I11 gaming activities, the Tribe shall contribute two 

(2%) percent of the net revenues from the conduct of Class I11 gaming. 

(B) Commencing the third year of Class I11 gaming activities, the Tribe shall contribute four 

(4%) percent of the net revenues from the conduct of Class I11 gaming. 

(C) Commencing the fourth year of Class I11 gaming activities and thereafter, the Tribe shall 

contribute six (6%) percent of the net revenues from the conduct of Class I11 gaming. 

(Added by Ordinance #9-93;Adopted: May 10,1993; Effective: September 24,1993) 

Sec. 508. 

Outside audits of ~ldss 111 gaming activity shall be conducted at least annually as required 

by 25 U.S.C. 2710(b)(2)(c). The Tribe may combine this audit with existing independent audit systems 

or may establish a new system. The Tribe shall further provide for independent audit, at least 

annually, all contracts for supplies, services, or concessions for a contract amount in excess of 

$25,000 annually (except contracts for professional legal or accounting services) relating to Class I11 

gaming. The results of these audits shall be provided by the Tribe to the National Indian Gaming 

Commission. 

(Added by Ordinance #9-93; Adopted:May 10,1993; Effective. September 24,1993) 

Sec. 509. 

There is hereby authorized and created the Chitimacha Gaming Commission. The Tribal 

Commission shall consist of three members, two of whom shall be associate members and one of whom 

shall be Chairman, and at least two of which must be members of the Tribe. The Chairman and members 

Chitimacha Comprehensive Codem of Justice 

Adopted: December 6J989; 3Xfective: August 14 J990 

Title XI1 

Page 19 
shall devote such time and attention to their duties as is necessary to completely MfJl their 

responsibilities. All members shall be appointed by the Tribal Council which shall also set their terms 

of compensation. Prior to appointment, the Tribe shall conduct an investigation of the backgrounds and 

personal histories of candidates for positions on the Tribal Commission in order to insure that no person 

may serve on the Tribal Commission unless they meet the licensing standards otherwise applicable to 

applicants for a Tribal gaming license. Vacancies shall be filled, on an interim or permanent basis, by 

appointment of the Tribal Council. No member of the Tribal Commission, nor any member of the 

immediate family of any member of the Tribal Commission may: 

(A) Be employed in the operations of Class I1 or I11 gaming. 

(B) Participate in any gaming activity offered by the Tribe in its gaming facilities. 

(C) Solicit or accept employment from any person or entity licensed by the Tribal Commission 

either during a member's term or for a period of one (1) year thereafter, provided, however, that this 

restriction shall not apply to persons or entities licensed to provide non-gaming goods or services. 

(D) During the members's term, own any securities of, or any ownership interest whatsoever 

in, any entity licensed by the Tribal Commission, provided, however, that this restriction shall not 

apply to publicly held corporations if the ownership therein is less than 5% . 

(Added by Ordinance H9-93; Adopted: May 10,1993; Effective:Septernber 24,1993;Revised by Ordinance #I-96 ;Adopted: February 

1, 1996;Effective:) 

Sec. 510. of Omvai FrInitial appointment to the Tribal Commission shall be for terms as follows: 

(A) The Chairman for a term of three (3) years. 

(B) One associate member for a term of two (2) years. 

(C) One associate member for a term of one (I) year. 

After the initial appointments, all members shall serve for a term of three (3) years. There shall be 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5J989; Wective: August 14J990 

Title XI1 

Page 20 
no limitation on the number of terms which any member may serve. Each member shall serve for the I 

duration of his or her tenn and until a successor shall be duly appointed and qualified, provided, 

however, that in the event a successor is not duly appointed and qualified within 120 days after the 

expiration of a member's term, a vacancy shall be deemed to exist. Members of the Tribal Commission 

may be removed with cause by a majority vote of the Tribal Council. Cause for removal shall include, 

but not be limited to, misconduct in office, willful neglect of duty, unfitness for office and 

incompetence. Members of the Tribal Commission may be removed without cause by a unanimous vote 

of the Tribal Council. Any member shall automatically forfeit his or her office upon conviction of any 

crime enumerated in Title 14 of the Louisiana Revised Statutes which carries a maximum possible 

penalty of five (5) years or more, or upon conviction of any like crime in any other jurisdiction, or upon 

conviction of any federal crime. 

(Added by Ordinance H-93; Adopted: May 10,1993; Effective: September 24,1993) 

Sec. 511. ve Dm&x. 

There is hereby created within the Tribal Commission the position of Executive Director. The 

Executive Director shall be appointed by the Tribal Council which shall also set the Executive Director's 

terms of compensation. The Executive Director shall report and be accountable to the Tribal Commission; 

shall be responsible for supervision and administration of all of the operational responsibilities of the 

Tribal Commission, and shall cany out the policies promulgated by the Tribal Commission. The Executive 

Director shall serve on a MI-time basis. Prior to appointment, the Tribe shall conduct an investigation 

of the background and personal history of the candidate for Executive Director in order to insure that no 

person may serve as Executive Director unless that person meets the licensing standards otherwise 

applicable to appLicants for a Tribal gaming license. The restrictions applicable to Commissioners and the 

immediate family of Commissioners pursuant to Section 509 of this Ordinance shall be similarly 

applicable to the Executive Director and the immediate family of the Executive Director. At any time 

Chitimacha Comprehensive Coda of Justice 

Adopted: December 5J989; EPfective: August 14Jm 

Title XI1 

Page 21 
during which there exists a vacancy in the office of Executive Director, the duties and responsibilities of 

the Executive Director shall be performed by the Chairman. 

(Revised by Ordinance H 1-96; Adopted: February 1, 1996 ;Effective: ) 

Sec. 512 

There is hereby 

- 

created within the Tribal Commjssion the office of the General Counse1,the 

General Counsel shall represent the interests of the Commission in all legal respects. The General 

Counsel shall represent the Commission on all contested matters, shall attend such meetings of the 

Commission as may be practicable upon the request of the Commission, and shall advise the Commission 

on all legal questions and shall assist the Commission in the proper administration of its affairs. 

(Revised by Ordinance W 1-96; Adopted: February 1, 1996; Effective:) 

Sec. 513. 

The Tribal Commission shall have primary responsibility for establishment of regulatory policy, 

and, through its agents and employees, for the on-site regulation, control and security of the Class 111 

gaming facilities and operations. Thus administered, the responsibilities of the Tribal Commission 

shall include: 

(A) The physical safety of patrons in the gaming facilities and operation. 

(B) The physical safety of personnel employed by the gaming facilities and operation. 

(C) The physical safeguarding of assets transported to and from the gaming facilities and 

cashier's cage department. 

(D) Protecting the gaming facilities and operation from illegal activity. 

(E) Identifying all people and entities that may be involved in illegal activity for the purpose 

of notifying the State and, when appropriate, the Tribal Police Department. 

(F) The recording of all unusual occurrences within the gaming facilities and operation. 

Without regard to significance or injury, each occurrence shall be assigned a sequential number and, 

Chitimacha Comprehensive Coclee of Justice 

Adopted: December 5J989; Effective: Aub~et 14J990 

Title XI1 

Page 22 
at a minimum, the following information shall be recorded in indelible ink in a bound notebook from 

which pages cannot be removed and each side of each page is sequentially numbered: 

(1) the assigned number; 

(2) the date; 

(3) the time; 

(4) the nature of the incident; 

(5) the persons or entities involved in the incident; and 

(6) the security or Tribal Gaming Commission employees assigned. 

(G) The Tribal Commission shall employ duly qualified Compliance Officers who shall be the 

functional equivalent of "Inspector" as that term is defined in Section 8, in the Tribal-State Compact and 

shall be independent of the gaming premises and operation as well as the management company, and 

shall be supervised by and be accountable to the Executive Director. These Compliance Officers shall 

provide oversight to the services of any management company and any other service entities. These 

Compliance Officers shall report to the Executive Director regarding the failure by the Tribal gaming 

premises or operation to comply with any provision of the Compact, or with any applicable laws, 

ordinances, or regulations. The Executive Director shall, in turn, report such failures to the Tribal 

Commission. Compliance Officers shall receive patron complaints within the gaming premises and 

operation, and shall assist in seeking voluntary resolution of such complaints. The Tribal Commission, 

through its staff, shall investigate any report of a failure to comply with any provision of the Compact, 

or with any applicable laws, ordinances, or regulations. The Tribal Commission, upon receipt of reports 

from staff, may direct the terms and conditions of compliance to the Tribal gaming premises and 

operation. A5 a condition of! employment, Compliance Ofiicers shall be required to satisfy the standards 

applicable to a Tribal license and a State certification. The terms of compensation of the Compliance 

Officers shall be established by the Tribal Commission. 

(H) The Tribal Commission shall be present in the gaming premises and operation during all 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 6-89; Effective: August 145990 

Title XI1 

Page 23 
hours of operation through a Commission Inspector, and shall have immediate access to all areas of 

the gaming premises and operation for the purpose of ensuring compliance with the provisions of the 

Compact and Tribal ordinances. Any violation of the Compact or Tribal ordinances by the Tribal 

gaming premises or operation, gaming employee, or any other person, shall be reported immediately 

to the Tribal Commission, and shall be forwarded to the State and the Tribal Police within twenty-four 

(24) hours of the time the violation was noted. 

(I) The Tribal Commission, through its staff shall investigate any reported violation of the 

Compact, and shall require the Tribal gaming operation to correct the violation upon such terms and 

conditions as directed by the Tribal Commission. The Tribal Commission is empowered to impose fines 

and any other sanctions against any licensee, employee, or any other person or entity directly or indirectly 

involved in or benefitting from the gaming premises or operation. The procedures for the imposition of 

such fines and sanctions are as contained in the Appendices to the Compact. 

(J) Upon completion, the Tribal Commission shall forward copies of all investigation reports 

and final dispositions to the State and the Tribal Police. 

(K) The Tribal Commission shall conduct all licensing duties imposed upon the Tribe pursuant 

to Sections 6 and 7 of the Compact and Section 412 of this Ordinance. The Tribal Commission will 

perform background investigations and issue licenses to key employees and primary management 

officials according to the requirements at least as stringent as those in the regulations of the National 

Indian Gaming Commission at 25 C.F.R. Parts 556 and 558. . 

The Tribal Commission shall ensure that the following policies and procedures set out in this 

Sub-section are established and implemented with respect to key employees and primary management 

officials employed at any Class 11 or Class 111 gaming enterprise operated on the Chitimacha Indian 

lands: 

(1) I2dbhm . . 

Chitimacha Comprehensive Coder, of Justice 

Adopted: December 5J989; EITective: August 14J990 

Title XI1 

Page 24 
(i) A person who performs one or more of the following functions: 

- Bingo caller; 

- Counting room supervisor; 

- Chief of security; 

- Custodian of gaming supplies or cash; 

- moor manager; 

- Pit boss; 

- Dealer; 

- Croupier; 

- Approver of credit; or 

- Custodian of gambling devices including persons with access 

to cash and accounting records within such devices; 

(ii) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000.00 per year; or 

(iii) If not otherwise included, the four most highly compensated 

persons in the gaming operation. 

(b) ,I 

(i) The person having management responsibility for a management 

con tract; 

(ii) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming operation; or 

(3) The chief financial officer or other person who has financial 

management responsibility. 

Chitimacha Comprehensive Codes of Justice 

Adopted: Dmmber 8J989: wective: August 14J990 

Title XI1 

Page 25 
(a) 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 

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.C. 2701 et seq. The purpose of the requested information is 

to determine the eligibility of individuals to be employed in a gaming 

operation. 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, Tribal, 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 resuit 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. 

(b) Existing key employees and primary management officials shall be notified 

in writing that they shall either: 

(i) Complete a new application form that contains a Privacy Act notice; 

or 

(ii) Sign a statement that contains the Privacy Act notice and consent 

: to the routine uses described in that notice. 

(c) The following notice shall be placed on the application form for a key 

employee or a primary 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.C., Title 18, Section 1001) 

(dl The Tribal Commission shall notify in writing existing key employees and 

Chitimacha Comprehensive Cod- of Justice 

Adopted: December 6J989; Effective: August 14Jm 

Title XI1 

26 
management officials that they shall either: 

(i) Complete a new application form that contains a notice regarding 

false statements; or 

(ii) Sign a statement that contains the notice regarding false 

statements. 

(3) Jkdgddhves- . . 

(a) The Tribal Commission shall request from each primary management 

official and from each key employee all of the following information: 

(i) Full name, other names used (oral or written), social security 

numbeds), birth date, place of birth, citizenship, gender, all languages 

(spoken or written); 

(ii) Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 

(iii) The names and current addresses of at least three personal 

references, including one personal reference who was acquainted with 

: the applicant during each period of residence listed under paragraph 

(l)(b) of this section; 

' (iv) Current business and residence telephone numbers; 

(v) A description of any existing and previous business relationships 

with Indian tribes, including ownership interests in those businesses; 

(vi) A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests in 

those businesses; 

(vii) The name and address of any licensing or regulatory agency with 

Chitimacha Comprehensive Codea of Justice 

Adopted: December 6J989; EEective: August 14J890 

Title XI1 

Fage 27 
which the person has filed an application for a license or permit related 

I 

to gaming, whether or not such license or permit was granted; 

I 

(viii) 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; 

(ix) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of the 

date of the application, the name and address of the court involved and 

the date and disposition; 

(x) For each criminal charge (excluding minor traffic charges) 

whether or not there is a conviction, if such criminal charge is within 

10 years of the date of the application and is not otherwise listed 

pursuant to paragraph (a)(viii) or (a)(ix) of this section, the criminal 

charge, the name and address of the court involved and the date and 

disposition; 

(xi) 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; 

(xii) A photograph; 

(xiii) Any other information the tribe deems relevant; and 

(xiv) Fingerprints consistent with the procedures adopted by the tribe 

according to 25 C.F.R. Section 522.2(h). 

(b) The Tribal Commission shall conduct an investigation sufficient to make 

a determination under Sub-section (4) below. In conducting a background 

investigation, the Tribal Commission or its agent shall promise to keep 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 63989: Efltive: August 14J990 

Title XI1 

We 28 
confidential the identity of each person interviewed in the course of the 

inv;stigation. 

(4) y . . 

 he' Tribal Commission shall review 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 Tribal Commission determines that employment of the person 

poses a threat to the public interest or to the effective regulation of gaming, or 

practices and methods and activities in the conduct of gaming, a tribal gaming 

operation shall not employ that person in a key employee or primary management 

official position. 

(5) Procedures for Forwardineorts for Kevopees . . 

s to the 

(a) When a key employee or primary management official begins work at a 

gaming operation authorized by this Ordinance, the Tribal 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 Sub-section 4 of this Ordinance. 

(b) The Tribal Commission shall forward the report referred to in Sub-section 

K(6) of this Section to the National Indian Gaming Commission within 60 days 

after an employee begins work or within 60 days of the approval of the 

governing Chitimacha Tribal Gaming Ordinance by the Chairman of the 

National Indian Gaming Commission. 

(c) 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. 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 6J989: wective: August 14J990 

Title XI1 

Page 29 
(6) Bpgort to the k . . 

(a) Pursuant to the procedures set out in Sub-section K(5) of this Section, the 

s rib dl Commission shall prepare and forward to the National Indian Gaming 

Commission an investigative report on each background investigation. An 

investigative report shall include all of the following: 

(i) Steps taken in conducting a background investigation; 

(ii) Results obtained; 

(iii) Conclusions reached; and 

(iv) The basis for those conclusions. 

(b) The Tribal Commission shall submit, with the report, a copy of the 

eligibility determination made under Sub-section K(4) of this Ordinance. 

(c) If a license is not issued to an applicant, the Tribal Commission: 

(i) Shall notify the National Indian Gaming Commission; and 

(ii) May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming Commission 

for inclusion in the Indian Gaming Individuals Records System. 

(d) With respect to key employees and primary management officials, the 

Tribal Commission shall retain applications for employment and reports (if any) 

of background investigations for inspection by the Chairman of the National 

Indian Gaming Commission or his or her designee for no less than three (3) 

years from the date of termination of employment. 

(7) Crantine a G- 

(a) If, within a thirty (30) day period after the National Indian Gaming 

Commission notifies the tribe that it has no objection to the issuance of a 

Chitimacha Comprehensive Codes of Justiw 

Adopted. December 6J989; EKective: August 14J990 

Title XI1 

Page 30 
licerise pursuant to a license application filed by a key employee or a primary 

management official for whom the Tribal Commission has provided an 

application and investigative report to the National Indian Gaming 

Commission, the Tribal Commission may issue a license to such applicant. 

(b) The Tribal Commission shall respond to a request for additional 

information from the Chairman of the National Indian Gaming Commission 

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 

(7)(a) of this Ordinance until the Chairman of the National Indian Gaming 

Commission receives the additional information. 

(c) If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provides the Tribal 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 Tribal Commission has provided 

an application and investigative report to the National Indian Gaming 

Commission, the Tribal Commission shall reconsider the application, taking 

into account the objections itemized by the National Indian Gaming 

Commission. The Tribal Commission shall make the final decision whether to 

issue a license to such applicant. 

(8) 

(a) If, after the issuance of a gaming license, the Tribal Commission receives 

from the National Indian Gaming Commission reliable information indicating 

that a key employee or a primary management official is not eligible for 

employment under Sub-section (K) above, the Tribal Commission shall suspend 

such license and shall notify in writing the licensee of the suspension and the 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5J989; mective: August 14J990 

Title XI1 

Page 31 
proposed revocation. 

(b) The Tribal Commission shall notify the licensee of a time and a place for 

a hearing on the proposed revocation of a license. 

(c) After a revocations hearing, the Tribal Commission shall decide to revoke 

or to reinstate a gaming license. The Tribal Commission shall notify the 

National Indian Gaming Commission of its decision. 

(9:) 

The Tribal Commission shall issue a separate license to each place, facility or 

location on Indian lands where Class I1 or Class I11 gaming is conducted under the 

governing Ordinance. 

(L) If the National Indian Gaming Commission has received an investigative report concerning 

an individual whom the Tribe wishes to employ as a key employee or primary management official and 

if the Tribe has access to the investigative materials held by another tribe, the Tribe may update the 

investigation and update the investigative report under Section 556.5(b) of the regulations of the 

National Indian Gaming Commission. 

(M) A gaming operation shall not employ in a key employee or primary management official 

position a person who has ;upplied materially false or misleading information or who has omitted 

material information with respect to the required information under sub-paragraph (K) of this Section. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #11-93; Adopted: September 14,1993; Effective: 

September 24,1993;Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective:) 

Sec. 514. s . . 

(A) Regular meetings of the Tribal Commission shall be held at least once per month on a 

regularly scheduled basis, whch schedule shall be fixed by the Tribal Commission. Unless otherwise 

specified by the Tribal Commission, no notice of such regular meetings shall be necessary. 

(B) Special meetings of the Tribal Commission may be called by the Chairman, who shall fix 

Chitimacha Comprehensive Codes of Justice 

Adopted: December FiJ989; mective: August 14J990 

Title XI1 

Page 32 
the time and place thereof. Neither the business to be transacted at, nor the purpose of, any regular 

or special meeting of the Tribal Commission needs to be specified in the notice of the meeting. 

(C) At any meeting of the Tribal Commission, a majority of the members then in office shall 

constitute a quorum for the transaction of business. The vote of a majority of the members present at 

a meeting at which a quorum is present shall be the act of the Tribal Commission. The Chairman shall 

preside at all meetings of the Commission unless the Chairman designates another member to preside 

in his absence. 

@) Any action required or permitted to be taken at a meeting of the Tribal Commission may 

be taken without a meeting if all of the members sign written consents setting forth the action taken 

or to be taken, at any time before or after the intended effective date of such action. Such consents 

shall be filed with the minutes of the Tribal Commission, and shall have the same effect as a 

unanimous vote or resolution of the Tribal Commission at a legal meeting thereof. Any such action 

taken by unanimous written consents may, but need not be, set forth in such consents in the form of 

resolutions or votes. 

(E) Members of the Tribal Commission may participate in a meeting of the Tribal Commission 

by means of conference telephone or similar communications equipment by means of which all persons 

participating in the meeting can hear each other, and participation in a meeting in such matter by any 

member who does not object at the beginning of such meeting to the holding thereof in such manner 

shall constitute presence in person at such meeting. 

(F) No action of the Tribal Commission to impose a penalty pursuant to section 513 of this 

Ordinance, or to revoke a license for a gaming employee previously issued by the Tribal Commission, 

shall be valid unless the person affected is given at least ten days notice of the proposed action and 

the opportunity to appear and be heard before the Tribal Commission, either in person or through a 

representative or legal counsel, and to submit such evidence as the Tribal Commission deems relevant 

to the matter at issue. The time and place of the hearing shall be posted in the Tribal office, and, if 

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time permits, in a local newspaper serving the Reservation; provided, however, that if the Tribal 

Commission deems it necessary to protect the public interest in the integrity of the gaming activities, 

the Tribal Commission may take such action with immediate effect as it deems required, and shall 

thereupon provide notice and an opportunity to be heard to the affected person as soon as is 

reasonabIy practicable foIlo,wing such action. Any person who is denied an initial gaming employee 

license or who is barred from the gaming facilities by action of the Tribal Commission may request 

a hearing before the Tribal 'Commission by written request submitted within thirty days following 

receipt of notice of the action of the Tribal Commission, and the Tribal Commission shall thereupon 

afford an opportunity to appear and be heard before the Tribal Commission, either in person or 

through a representative or legal counsel, and to submit such evidence as the Tribal Commission 

deems relevant to the matter at issue and thereafter the Tribal Commission shall either affirm or 

reconsider its decision. Any hearing conducted under this sub-section may at the direction of the 

Tribal Commission be conducted by the Chairman or by one or more members of the Commission 

designated by the Chairman for that purpose. 

(G) The Tribal Commission may adopt such additional procedures and des as it deems 

necessary or convenient to govern its affairs and which are consistent with this Ordinance. 

(Added by Ordinance tf9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #I-96; Adopted: February 

1, 1996; Effective:) 

Sec. 515. Authorizationtons for Class 

Gamine. 

Prior to the commencement of Class I11 gaming, and upon the concurrence of the State, the 

Tribe hereby authorizes the Tribal Commission to develop and adopt initial detailed redations to 

govern the operation and management of the gaming premises. These regulations shall ensure that 

the interests of the Tribe and the State relating to CIass 111 gaming are preserved and protected. The 

regulations shall maintain the integrity of the gaming operations and shall reduce the dangers of 

unfair or illegal practices in the conduct of the Class 111 gaming operation. The initial regulations to 

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govern the operation and management of the gaming operation shall be listed in Appendix C of 

the Compact, and may be revised upon the concurrence of the Tribal Commission and the State. The 

right to object to such concurrence is subject to a prescriptive period of sixty (60) days. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993:Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 516. o Ado~t Standardsand Rules for 

Prior to the commencement of Class 111 gaming, and upon the concurrence of the State, the 

Tribe hereby authorizes thk Tribal Commission to develop and adopt initial standards and rules of 

each Class 111 game, which shall be based upon those practiced in Nevada, including wagering or play. 

The State shall review all standards and rules for Class 111 games to ensure that they do not 

fundamentally alter the nature of the game, and to ensure the games will be conducted fairly, honestly 

and with integrity. Such initial standards and rules of each Class 111 game shall be listed in Appendix 

C of the Compact, and may be revised upon the concurrence of the Tribal Commission and the 

State. The right to object to such concurrence is subject to a prescriptive period of ten (10) days. 

(Added by Ordinance #!)-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 517. Uorization to Tribal Coms~on t . . o Ado~t Procedures for Class I11 

Gamine. 

Prior to the commencement of Class 111 gaming, and upon the concurrence of the State, the 

Tribe hereby authorizes the Tribal Commission to develop and adopt procedures pursuant to the 

following requirements. All such procedures shall be listed in Appendix C of the Compact and may 

be revised upon the concurrence of the 'hibal Commission and the State. The right to object to such 

concurrence shall be subject to a prescriptive period of thirty (30) days. The procedures to be adopted 

by the Tribal Commission shall include the following: 

(A) A surveillance log recording all surveillance activities and a security log recording the 

employee assignments of the Tribal Commission or security department shall be maintained in the 

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Page 3;3 
monitoring room of the gaming facilities. These logs shall be available for inspection by the State. 

(B) The Tribal Commission shall maintain a list of persons barred from the gaming facilities 

and operation, who because of their criminal history or association with a career offender or a career 

offender organization, threaten the integrity of the gaming activities, or the health, safety, or welfare 

of the public. This list shall be provided to the State. 

(C) Not less than annually, the Tribal gaming facilities and operation shall be audited by an 

independent Certified Public Accountant, in accordance with the auditing and accounting standards 

for audits of casinos of the American Institute of Certified Public Accountants. The internal accounting 

and audit procedures shall become Appendix D to the Compact. 

@) A closed circuit television system shall be maintained in the gaming facilities and 

operation in accordance with the procedures set forth in Appendix D to the Compact. 

(E) A casllier's cage shall be maintained in the gaming facilities and operation in accordance 

with the procedures set forth in Appendix D to the Compact. 

(F) Minimum requirements for supervisory staffing for each table and gaming pit operated 

in the gaming facilities shall be maintained in accordance with the procedures set forth in Appendix 

D to the Compact. 

(G) Cash control management procedures shall be maintained in accordance with the 

procedures set forth in Appendix D to the Compact, which shall be adopted in connection with a 

certified public accounting firm with experience in cash control management procedures. These cash 

control management procedures shall safeguard monies, receipts, and other assets from skimming, 

money laundering, embezzlement, and other criminal activities. 

(H) To ensure the continued integrity of the Tribal gaming premises and operation, no 

structural modification within the gaming area shall be made without the consent of the State. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #I-%; Adopted: February 

1, 1996; Effective:) 

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Sec. 518. a1 Commlsslon - hmhg, . . I 

The funds necessary to bear the costs of operation of the Tribal Commission shall be an 

operating expense of the gaming facility. The Tribal Commission shall submit, annually, a proposed 

budget to the Tribal Council for approval. The Tribal Council may, during the course of a budget term, 

on request of the Chairman of the Tribal Commission, approve extraordinary expenses. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #I-96; Adopted: February 

1, 1996; Effective:) 

Sec. 519. General Q~eration a d MansemeThe Tribe hereby adopts the regulations and operational guidelines set forth in Section 10 of 

the Compact as follows: 

(A) All Class I11 gaming shall be conducted in such a manner that ensures, to the maximum 

extent practicable, that it is secure, honest, and that the interests of the Tribe, the State, and the 

public are protected at all times. The State shall fully cooperate with and assist the Tribe in meeting 

its obligations in this regard. I 

(1) All gaming premises that are used in the operation of Class 111 gaming shall be 

designed and constructed in such a manner as to preserve and to protect the health 

and safety of the public and the environment. All such premises shall comply with the 

standards and procedures established by or utilized in the State in its building and fire 

codes, even though those standards do not otherwise apply to premises built or owned 

by the nibe on its Indian lands. The Tribal Commission shall review and approve all 

plans for construction and expansion of the gaming premises in order to ensure that 

they meet the standards established herein. 

(2) The Tribe shall comply with all applicable Tribal, State and Federal law governing 

the purchase, sale, and serving of alcoholic beverages in any gaming facility. Nothing 

herein shall be deemed to give any authority, licensing or otherwise, to the Parish with 

respect to such purchase, sale, or serving. No person who is visibly intoxicated shall 

-xn rr. , ."a Y 

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be permitted to participate in any gaming activity. 

(3) (a) No person who is a minor under the age of twenty-one (21) shall participate 

in any gaming activity. If any such minor does participate in any gaming 

activity and otherwise qualifies for a prize or winnings, then the prize or 

winnings shall not be awarded or paid, and the estimated amount wagered 

during the course of the game shall be returned to the minor. 

(b) In the event that the State amends the Louisiana Riverboat Economic 

Development and Gaming Control Act or the Louisiana Economic Development l 

and Gaming Corporation Act to allow gaming by persons under the age of 

twenty-one (21), then the age limitations in Section 10:(A)(3)(a) of the Compact 

and in this Ordinance shall be considered amended to the age authorized by 

the State. 

(4) (a) The Tribe will maintain comprehensive general liability and worker's 

compensation insurance from any admitted or authorized insurer subject to 

direct action under Louisiana law. Such policies will maintain ample liability 

and property loss coverage to protect against any foreseeable loss or risk. Such 

insurance policies will not be on a claims-made basis. The coverage for such loss 

or risk will be the greater of $4,000,000 or twice the insurable risk of the 

insured. 

(b) The Tribe will provide proof to the State of continuous coverage upon the 

issuance, amendment, or renewal of each such policy. 

(c) The gaming management company and all other entities contracting with 

the Tribe will maintain such policies of comprehensive general liability and 

workers' compensation insurance as required by State law, and will maintain 

proof of such continuous coverage. 

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(d) Each such policy of insurance will contain, or be deemed to contain, an 

exclusion that the insurer or the insured shall not be entitled to make any 

claim of sovereign immunity in defense of liability, but shall be liable, including 

court costs and attorneys' fees incurred by the State, for its insured, as though 

the insured were a Louisiana domiciliary, as well as a provision requiring 

immediate notice to the State and Tribe of any change in coverage or default 

or delay in payment of premium or other occurrence which threatens the 

continuity or amount of coverage. 

(e) The Tribe will indemnify, defend, and hold harmless, the claims, damages, 

losses, or expenses including court costs attorneys' fees asserted against or 

suffered or incurred by the State or any of them, based upon or arising out of 

any bodily injury or property damage or loss resulting or claimed to result in 

whole or in part &om any act or omission whether negligent or intentional of 

the Tribe relating to the inspection of any gaming, gaming premises and 

operation, or the performance of any function or duty provided for under the 

Compact or Tribal ordinances regarding public health, safety, and welfare. 

(5) All Class I11 gaming authorized by the Compact shall be on a cash or casino credit 

basis. The Tribe may cash checks and may install bank card and credit card facilities 

in the same manner as permitted at retail businesses in the State. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 520. Procedures. S tandarda 

Rules and Re & 

Consistent with section 13: (B) and (C) of the Compact, any revision of the procedures, 

standards, rules and regulations relating to Class 111 gaming, may be revised upon the concurrence 

of the Tribal Commission and the State. Written notice for revision shall be provided, which shall state 

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Title XlI 

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the reasons for the request, identify the proposed revisions, and request concurrence for the revisions. 

Concurrence may be granted in writing, and shall be granted automatically unless a written notice 

of disagreement is provided within the time specified in the Compact. The right to object to 

concurrence is subject to the prescriptive period as provided in the Compact. The laws of the State 

relative to the computation of time shall apply to all prescriptive periods utilized through the Compact. 

When disagreement has been deemed or upon a notice of disagreement, the Tribal Commission and 

the State shall meet within ten (10) days to resolve the differences in good faith. If the differences are 

not resolved, then the matter shall be resolved pursuant to Section 14: (C) et seq. of the Compact. 

(Added by Ordinanoe #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 521. tv Given to State of Lowmum . . to Enforce T&al-State Comr)actt 

In pursuance of an effective cooperative effort by the Tribe and the State to ensure the 

integrity and proper operation of all Class 111 gaming, the Tribe hereby authorizes the following 

procedures: 

(A) The State shall have all necessary power and authority to monitor the Tribal gaming 

premises and operation, and shall have free and unrestricted access to the entire tract of land upon 

which the gaming premises and operation are located, as described in Appendix A of the Compact, and 

to all building and improvements thereon during operating hours, and without giving prior notice. The 

State shall conduct its monitoring in such a manner as to have minimal impact on the gaming patrons. 

(B) The State shall have the authority to review and copy all records of the Tribal gaming 

premises and operation, management company, financiers, as well as the manufacturers or suppliers 

of gaming services, supplies, and equipment during normal business hours. Any copy or information 

derived therefrom shall be deemed confidential, and shall be the proprietary financial information of 

the Tribe. The State shall give written notice to the Tribe of any request for disclosure of such 

information, and shall not disclose such information until the Tribe has had a reasonable opportunity 

to challenge the request, pursue the provisions of Section 14:(C) et seq. of the Compact, or seek judicial 

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Title XI1 

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relief. This public disclosure prohibition shall not apply to evidence used in any proceeding authorized 

by the Compact. 

(C) Subject to section 520 and 522 herein, the State may investigate any reported or suspected 

violation of any criminal law or the Compact. The State may utilize any information obtained from 

any investigation or inspection for the purpose of denying, suspending, or revoking a State 

certification, or in any criminal proceeding. 

@) Upon completion, the State shall forward copies of all investigative reports and final 

dispositions to the Commission. 

(E) Any individual, supply, or equipment that violates or does not conform with this Compact 

shall be subject to immediate removal from the gaming area to a designated holding area within the 

gaming premises, which is not accessible to the public. Once the individual, supply, or equipment is 

removed to the holding area, specific reasons shall be provided to an Inspector as to why the 

individual, supply, or equipment violates or does not conform with the Compact. If the Tribe and the 

State disagree on t,he status of the individual, supply, or equipment, the matter shall be resolved 

pursuant to Section 14:(C) et seq. of the Compact, and the individual supply or equipment shall not 

be returned to the gaming area until the matter is resolved. This procedure shall in no manner affect 

the authority of the Tribe or the State to enforce any and all jurisdictional rights and limitations 

granted them by this ordinance or by Tribal, State, and Federal laws as to any crimes committed as 

a result of activities contemblated by the Compact. 

0 Notwithstanding any other law to the contrary, the State may enter into intelligence 

sharing, reciprocal use, or restricted use agreements with the enforcement or regulatory agencies of 

the federal government, States, or other jurisdictions. 

(G) Nothing herein shall prevent the Tribe from initiating and conducting independent 

investigations and enforcement actions. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993;Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

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Title XI1 

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Sec. 522. General Jumxkhm, ... 

The Tribe further finds and acknowledges that: 

(A) The Tribe and the State shall recognize and respect all territorial rights and the 

independent sovereign existence of each other, and shall: 

(1) Accord the fullest mutual respect to the legal institutions and cultural traditions 

of the Tribe and the State, insofar as they are consistent with preserving and 

protecting the health, safety, and welfare of all. 

(2) Have all necessary concurrent jurisdiction to fully ensure the protection of the 

public, the Tribe and the State. 

(3) Avoid any undue adverse impact or expansive influence on traditional Tribal 

jurisdiction mechanisms, such as Tribal discussion and consensus, and on nontraditional but Tribally - adopted written jurisdictional mechanisms, such as the 

actions of representative bodies like Tribal commissions, boards, or courts, as these 

jurisdictional mechanisms pertain to Tribal jurisdiction over Tribal members. This 

intent to respect such existing intra-Tribal jurisdictional mechanisms applies 

particularly, but not exclusively, to those related to the recognition of the Tribe as 

possessing powers of self-government. 

(B) The Tribe, and the State did retain all sovereignty and immunity to suit when discussing, I 

negotiating, or confecting the Tribal-State Compact. The 'A-ibe and the State intended and agreed that 

all issues purely of Tribal law are to be determined in accordance with the legal mechanisms of the 

Tribe, and that all other issues are to be determined in accordance with the provisions of the TribalState Compact and the legal mechanisms of the State. 

(C) In the interest of clarity of authority, and to preserve and to protect the health, safety, and 

welfare of all, the Tribe and the State shall: 

(1) Preserve the full territorial and subject matter jurisdiction of the Tribe. 

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(2) F'reserbe the full territorial and subject matter jurisdiction of the State. 

(3) ~ccord the State Eull territorial jurisdiction as well as concurrent and primary law 

enforcement authority within the lands of the Tribe and the State when exercising any I 

subject matter jurisdiction accorded the State pursuant to this Tribal-State Compact. 

The jurisdiction and law enforcemeht authority accorded by the Tribe to the State by 

this Section is limited to the territory contained in Appendix A to the Compact and 

identified as the gaming premises and appurtenant parking facilities. This latter 

jurisdictional and territorial limitation is likewise applicable to Section 3:(A)(3) of the 

Compact and in Section 522(C) of this Ordinance insofar as the subject matter 

jurisdiction accorded to the State concerning criminal law and Class 111 gaming. No 

other extension or expansion of criminal law or Class I11 gaming subject matter 

jurisdiction is consented to nor authorized by this Ordinance. 

(4) Accord the Tribe, including its duly constituted Tribal law enforcement authorities, 

full territorial jurisdiction, as well as concurrent and secondary law enforcement 

authority within the lands of the Tribe and within any Parishes where they have been 

duly commissioned by a local law enforcement agency, when exercising any subject 

matter jurisdiction accorded the Tribe pursuant to this Tribal-State Compact, or when 

exercising the authority accorded to the Tribe pursuant to any agreements made with 

a local law enforcement agency. 

@) The Tribe and the State shall be available to meet and discuss with local communities on 

issues relative to the conduct of Class 111 gaming and its impact upon the local communities. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: Februnry 

1, 1996; Effective:) 

Sec. 523. 8 . . Re= . . es and ... urt- Parhneac:~ 

(A) Consistent with the provisions of Sections 3,4 and 5 of the Compact, the State shall have 

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Title XI1 

Page 43 
primary criminal jurisdiction over all persons including enrolled members of federally recognized 

Indian tribes, who commit offenses made criminal by the laws of the United States of America or the 

State, on or within that portion of tribal gaming lands that are described in Appendix A of the 

Compact. Any criminal law subsequently enacted or amended by the United States of America or the 

State shall be effective within this area, and shall be the primary enforcement responsibility of the 

State. 

(B) All federal criminal laws applicable to Indian gaming, lands, or subject matter shall be 

fully operative, assimilated as State law, and applicable within all gaming premises and appurtenant 

parking facilities. 

(C) All criminal laws of the Tribe that are written, promulgated, and published in the English 

language, and are not inconsistent with the Constitution or laws of the United States of America or 

of the State, shall be fully operative, assimilated as State law, and applicable within all Tribal lands 

within the Reservation inclusive of those gaming premises and appurtenant parking facilities. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 524. Premises and 

Consistent with the provisions of Section 3,4 and 5 of the Compact, and within the respective 

applicable territorial limits provided in same, the following sections set forth the respective law 

enforcement authority of the Tribe and the State: 

(A) The duly constituted Tribal law enforcement authorities of the Tribe shall have primary 

law enforcement authority, and all necessary or helpful powers in connection therewith, to enforce all 

Tribal criminal laws applicable under the Compact. The laws of the State may be enforced by the 

Tribal law enforcement authorities on non-Tribal lands where the Tribal law enforcement authorities 

have been duly commissioned by a local law enforcement agency. By written request of the Tribe, local, 

State, or federal law enforcement officers my be granted authority to enforce Tribal criminal laws. 

g&~~U~~&**.~.~~~~.&~~p*-.O -7. 

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Title XI1 

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(B) The Tribe shall have concurrent law enforcement authority, and all necessary or helpful 

powers in connection therewith, to enforce all State and federal criminal laws made applicable by the 

compact. This concurrent law enforcement authority shall be secondary to that of the State. This 

concurrent law enforcement authority may be initiated in emergency situations by arrest or other 

appropriate action, but otherwise may be initiated or continued only after immediate and effective 

notice to the Department of Public Safety and Corrections. 

(C) The State shall have primary and concurrent law enforcement authority, and all necessary 

or helpful powers in connection therewith, to enforce all State and federal criminal laws made 

applicable by the Compact. Except as stated in Subsection E below, the jurisdiction and law 

enforcement authority accorded by the Tribe to the State by this section (i.e. 522) is limited to the 

territory contained in Appendix A to the Compact and identified as the gaming premises and 

appurtenant parking facilities. As noted supra., this latter jurisdictional and territorial limitation is 

likewise applicable to Section 3: (A)(3) of the Compact, and in Section 520 of this Ordinance, insofar 

as the subject matter jurisdiction accorded to the State concerns criminal law and Class 111 gaming. 

No other extension or expansion of criminal law or Class I11 gaming subject matter jurisdiction is 

consented to nor authorized by this Ordinance. The State is not obligated to exercise or take any action 

pursuant to such authority and powers on Tribal lands. The Tribe recognizes that the primary law 

enforcement agency of the State is the Department of Public Safety and Correction. 

@) To facilitate law enforcement activities on Tribal lands, within St. Mary Parish, or within 

adjacent Parishes, the Tribe and the State are authorized to enter into cross-deputization or similar 

contracts or agreements, including but not limited to, agreements with each other, with Sheriffs or 

other local law enforcement agencies, with District Attorneys, local governmental agencies, and with 

agencies of the United States of America. Such agreements may include provisions for necessary 

funding. Any cross-deputization agreements are subject to Sections 520,521 and this Section and all 

such agreements shall require the consent of the Tribal Council prior to execution. Nothing in this subChitimacha Comprehensive Codes of Justice 

Adopted: December 5.1989; Effective: Auyst 14J990 

Title XI1 

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section is intended to confdr any additional jurisdiction or authority on the State beyond that which 

is otherwise conferred in other sections of this Ordinance. 

(E) On Indian lands utilized for gaming purposes and described in Appendix A to the 

Compad, the plenary law enforcement powers of the Tribe and the State include, but are not limited 

to, immediate access to any premises, building, location, storage facility, or place whatsoever, 

wherever, in which might be found any thing, tangible or intangible, produced by, a part of, 

contributing to, or in any way whatsoever related to, a violation of any criminal law made applicable 

by the Compact. This access includes, but is not limited to, books, records, equipment, electronic data, 

and supplies. On Indian lands described in Appendix B to the Compad, this access may be exercised 

by the State only in the company of, or ~roceeded by authorization from, a designated official of the 

Tribe. 

(Added by Ordinance #8-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 525. &nosition of Tort CIThe jurisdiction vested in the Tribal Court pursuant to the Chitimacha Comprehensive Codes 

of Justice and the procedures contained therein shall apply to the disposition of tort claims arising 

from alleged injuries to patrons of the gaming premises and operations. 

(Added by Ordinance K3-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: February 

1, 1996; Effective:) 

Sec. 526. Conflict of Interest, 

No member of the Tribal Council, nor any person residing in the immediate household of such 

Tribal Council member may: 

(a) Be employed in the operatios of Class I1 or Class 111 gaming. 

(b) Participate in any gaming activity offered by the Tribe in its gaming facilities. 

(c)Solicit or accept employment from any person or entity licensed by the Tribal Gaming 

Commission either during a Council member's term or for a period of one (1) year thereafter, provided, 

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Title XI1 

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however, that this restriction shall not apply to persons or entities licensed to provide non-gaming goods 

or services. 

(d) During the Council member's term, own any securities of, or any ownership interest I 

whatsoever in, any entity licensed by the Tribal Gaming Commission, provided, however, that this 

restriction shall not apply to a publicly held corporation if the ownership therein is less than five percent 

(5%). 

(Added by Ordinance U1-96; Adopted: February 1. 1996; Effective:) 

CHAPTER 6. SELF-REGULATION OF GAMING ACTIVITIES 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 601. r cerkficate of self-rePulahon, 

Under Public Law 100-497, the Tribe, if it operates a licensed gaming activity pursuant to this 

Title and has operated the gaming activity for at least three years, including at least one year after 

October 17,1988, is eligible to petition the Nation Indian Gaming Commission for a certificate of selfregulation. Such a certificate exempts the Tribe from certain regulatory requirements under Public 

Law 100-497. When the Tribe meets the requirement set forth in Section 11 of Public Law 100-497 

and determine whether it wishes to file a petition for self-regulation. 

(Added by Ordinance #4-90; Adopted: November 7.1990; Effective: February 3,1993) 

CHAPTER 7. NATIONAL INDIAN GAMING COMMISSION 

(Added by Ordinance U4-90; Adopted: November 7,1090; Effective: February 3,1993) 

Sec. 701. 

Public Law 100-497 creates the National Indian Gaming Commission and grants the 

Commission and its Chairman certain regulatory authority over Indian gaming activities, including 

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Title XI1 

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the authority to: 

(A) Monitor Class I1 gaming activities. 

(B) Inspect and examine all premises located on Indian lands on which Class I1 gaming is 

conducted. 

(C) Conduct or cause to be conducted such background investigations as may be necessary. 

(D) Demand access to and inspect, examine, photocopy, and audit all papers, books, and 

records pertaining to the gaming activity. 

(E) Promulgate such regulations and guidelines as it deems appropriate to implement the 

provisions of Public Law 100-497, including regulations for the assessment and collection of civil fines 

against Indian gaming activities as authorized by Section 14 of Public Law 100-497. 

(F) Establish the fees to be paid by Indian gaming activities in order to fund the Commission's 

operations. 

(Added by Ordinance 114-90; Adopted: November 7,1990; Effectlve: February 3,1993) 

Sec. 702. Failure to cop-C . . 

All licensees under this Title shall cooperate fully with all lawful regulations, guidelines, and 

orders of the Commission. Failure to do so shall constitute a Class A Misdemeanor and shall also 

constitute grounds for revocation of the tribal license. 

(Added by Ordinance W4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 703. . . . . andguldehnes superseAny regulations and guidelines adopted by the Commission that are inconsistent with any 

provision of this Title shall supersede that provision, unless the Commission grants a waiver. If a 

provision is superseded, the Council shall promptly amend this Title so that it conforms to the 

Commission's regulations and guidelines. 

(Added by Ordinance lt4-90; Adopted. November 7,1990; Effectlve: February 3,1993) 

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