OMMISSION ' ; q 

Gary Donald, Chairman 

Bois Forte Reservation Tribal ~otincil 

P.O. Box 16 

Nett Lake, Minnesota 55772 

Dear Chairman'Donald: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on September 13, 1993, for the 

Bois Forte Band of Chippewa Indians (the Band). 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 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. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Band's gaming ordinance, the 

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primayy management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Bois Forte Band of 

Chippewa Indians for review and approval. The NIGC staff and I 

look forward to working with you and the Band in implementing the 

IGRA. 

Sincerely yours, 

Antbony J. Hope 

Anthony J. Hope 

Chairman 

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I850 M STREET. N W. SUITE 250 WASHINGTON DC 20036 TEL 202.632.7003 FAX 202-632.7066 
BOIS FORTE RESERVATION 

TRTBAL COUNCIL 

ORDINANCE NO. 4 3-94 

WHEREAS, the Bois Forte Reservation Tribal Council has the inherent 

sovereign authority to authorize and regulate gaming activities within the 

area and lands subject to the jurisdiction of the Bois Forte Reservation Tribal 

Council, and also has constitutional authority under the Revised Constitution 

of the Minnesota Chippewa Tribe: and 

WHEREAS, the Indian Gaming Regulatory Act, Public Law 100-497, 

102 Stat. 2467, 25 U.S.C. 2701, et seq, imposes numerous restrictions and 

requirements upon lawful gaming within Indian country; and: 

WHEREAS, the Bois Forte Reservation Tribal Council has determined 

it to be in the best interests of the Bois Forte Band of Chippewa Indians to 

authorize, to regulate and to license the conduct of lawful gaming within all 

territory under the jurisdiction of the Bois Forte Reservation Tribal Council. 

NOW, THEREFORE, the following Ordinance is adopted: 

L Purpose 

The purpose of this Gaming Ordinance of the Bois Forte Reservation Tribal 

Council is to authorize, as allowed under federal law, and regulate such 

forms of gaming on lands within the jurisdiction of the Bois Forte Reservation Tribal Council. 

11. Repealer 

All prior ordinances, resolutions, and enactments of the Bois Forte Reservation Tribal Council that are in conflict or inconsistent with this Ordinance 

are hereby repealed. 

III. Authorized Gaming 

All forms of gaming which are lawful under federal lzw are hereby authorized 

to be conducted solely by the Bois Forte Reservation Tribal Council. Tlxs 

authorization includes ail forms of gaming defined as Class I1 and Class I11 in 

the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467, 25 

U.S.C., 2701, et seq. and by the regulations promulgated by the National 

Indian Gaming Commission. Nothing herein shall authorize any individual or 

other entity to conduct any forms of gaming defined as Class I1 or Class I11 by 

the Indian Gaming Regulatory Act. 

Page 1 
IV. Pro~rietarv Interest 

The Bois Forte Band of Chippewa Indians shall have the sole proprietary 

interest in and responsibility for the conduct of all gaming authorized by this 

Ordinance. 

V. Use of Gaming Revenue 

The revenues earned from the authorized gaming activities shall be used 

only as determined by the Bois Forte Reservation Tribal Council. These purposes include the funding of tribal government operations and programs; 

provisions for the general welfare of the Bois Forte Band of Chippewa 

Indians and its members as well as any other lawful purpose authorized by 

the Constitution of the Minnesota Chippewa Tribe. 

A The Bois Forte ReservationTribal Council shall cause to be 

conducted annually an independent audit of gaming operations and 

shall submit the resulting audit reports to the National Indian Gaming 

Commission. 

Ei All gaming related contracts that result in the purchase of 

supplies, services, or concessions in excess of $25,000.00 annually, 

except contracts for professional legal and accounting services, shall 

be specifically included within the scope of the audit that is described 

in subsection A. 

VII. GaminP Facilities 

A Each facility wherein authorized gaming activities are to be 

conducted shall be separately licensed by the Bois Forte Reservation. 

B Such facilities shall be constructed, maintained and operated so 

as to protect the public health and safety and the natural environment. 

VIII. Licensiw of Em~loyees and Manapement Officials 

A. The following "key employees" of each licensed gaming facility 

or operation shall be subject to a background check and licensing: 

1. All personnel whose responsibilites include the operation 

or management of video games of chance; 

2. All personnel employed whose responsibilites include 

dealing blackjack, serving as a cashier in conjunction with 

blackjack, or supervising blackjack dealers or cashiers; 

Page 2 
3. All personnel employed whose responsibilites include 

calling bingo, selling pulltabs or otherwise has access to cash; 

4. All personnel employed whose responsibilites include 

counting room supervisor; chief of security; custody of gaming 

supplies or cash; floor manager; pit boss; croupier; approval of 

credit; or custody of gambling devices, including persons with 

access to cash and accounting records within such devices; 

5. If not otherwise included, any other person whose total 

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

6. If not otherwise included, the four most highly 

compensated persons in the gaming operation; 

B The following management officials shall be subject to a 

background check as hereinafter provided and shall be licensed 

hereunder: 

1. Any person having management responsibility for a 

management contract entered into for a gaming facility 

hereunder; 

2. All persons who have authority to hire and fire employees; 

or to set up worhng policy for a gaming facility; or the chief 

financial officer of the facility or any other person who has 

financial management responsibility. 

C. Prior to issuing a license to a key employee or management 

official, the Bois Forte Reservation Tribal Council shall insure that 

such employee or official has properly completed the "Personal 

History Statement for Key Employees and Primary Management 

Officials" which has been developed by the Gambling Enforcement 

Division of the Minnesota Department of Public Safety pursuant to the 

Class I11 Gaming Compacts entered by the State of Minnesota and the 

Bois Forte Reservation Tribal Council. 

D. Prior to placing an employee or official who must be licensed 

hereunder, the Personal History Statement for Key Employees and 

Primary Management Officials will be promptly submitted to the 

Gambling Enforcement Division of the Minnesota Department of Public 

Safety, along with the standard fee, which shall conduct a background 

check and provide a written report to the Bois Forte Reservation 

Tribal Council regarding such employee or official within 30 days of 

receipt of the request. 

Page 3 
E. The Bois Forte Reservation Tribal Council shall not enter into a 

management contract if any management official has been determined 

by the -Minnesota Commissioner of Public Safety to be a person whose 

prior activities, and criminal record, if any, or reputation, habits, and 

associations pose a threat to the public interest or to the effective 

regulation and control of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices, methods, and activities in the 

conduct of gaming or the carrying on of the business and financial 

arrangements incidental thereto. 

F. The Bois Forte Reservation Tribal Council may immediately 

employ any person who represents in writing that such person meets 

the standards hereunder but that employee shall be immediately 

discharged if it is determined that the applicant's prior activities, 

criminal record, if any, reputation, habits and associations pose a 

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

create or enhance the danger of unsuitable, unfair. or illegal 

practices, methods and activities in the conduct of gaming: or if it is 

determined that the applicant has been previously convicted of a 

felony or gross misdemeanor involving fraud, misrepresentation, or 

gambling; or if it is determined that the applicant has been previously 

convicted of a felony within five (5) years of starting employment with 

the Bois Forte Reservation, provided that said felony conviction will 

not disqualify the applicant from employment if the Bois Forte 

Reservation Tribal Council, by resolution waives this restriction after 

the applicant has demonstrated to the satisfaction of the Bois Forte 

Reservation Tribal Council evidence of sufficient rehabilitation and 

present fitness for such employment. 

G. Each person requiring a license hereunder shall be subject to 

periodic review comparable to that required for initial employment or 

management contract. This review shall take place at least annually. 

H. The Bois Forte Reservation Tribal Council shall provide sufficient 

information to the Minnesota Commissioner of Public Safety to permit 

the State to conduct the necessary background check for all 

employees licensed hereunder as if all are subject to the requirements 

of the Class I11 Gaming Compacts entered into between the Bois Forte 

Reservation Tribal Council and the State of Minnesota. 

MI Licenses for Manfacturers, Distributors, Lessors of Gaming Equipment 

A All manufacturers, distributors, or lessors of gaming equipment 

and supplies within the Bois Forte Reservation must obtain a license 

issued by the Bois Forte Reservation Tribal Council. The Bois Forte 

Reservation Tribal Council shall only issue licenses to manufacturers, 

Page 4 
distributors or lessors which hold valid and current licenses from the 

State of Minnesota, New Jersey, Nevada. or South Dakota. In the event 

that the State of Minnesota, New Jersey. Nevada or South Dakota 

suspend, revoke, or refuse to renew a license of a manufacturer, 

distributor or lessor similarly licensed hereunder, the Bois Forte 

Reservation Tribal Council shall accept the State's determination and 

shall require the suspension, revocation, or nonrenewal of the license 

issued hereunder. 

B Prior to entering into any lease agreement for gaming 

equipment, the proposed lessor shall obtain a license hereunder and 

shall also provide necessary releases and other information properly 

executed by the proposed lessor and all persons holding any direct or 

indirect financial interest in the lessor or the lease agreement to 

permit the Bois Forte Reservation Tribal Council and the State of 

Minnesota to conduct a background check on those persons. Such 

information shall be provided in writing together with a standard fee 

to the State Commissioner of Public Safety. The Bois Forte Reservation Tribal Council will not enter into any lease agreement for 

video games of chance or related equipment with any person or entity 

if the State Department of Public Safety determines that the lessor, or 

any manager or person holding a direct or indirect financial interest 

in the lessor or the proposed lease agreement, has been convicted of: 

(a) any felony within five years; or (b) a felony or gross misdemeanor 

involving fraud, misrepresentation, or gambling. 

C. A manufacturer, distributor or lessor of gaming equipment 

seeking a license hereunder shall submit together with the necessary 

application form a fee no less than the standard fee required of the 

Bois Forte Reservation Tribal Council by the State of Minnesota to 

conduct the necessary background checks. The fee shall be submitted 

by certified check payable to the Bois Forte Reservation Tribal Council 

with the initial application and any renewals thereof. 

X Licensiw and Discipline of Employees 

The Bois Forte Reservation Tribal Council shall publish and maintain a 

procedural manual governing all licensed personnel and which will include 

disciplinary standards for breach of the procedures. 

XL Licenses and Reports to National Indian Gaming Commission 

A Upon issuance of any license required hereunder, the Bois Forte 

Reservation Tribal Council shall promptly provide notice of the 

issuance of said license to the National Indian Gaming Commission 

together with a copy of the investigative report provided to the Bois 

Forte Reservation Tribal Council by the Minnesota Department of 

Public Safety. 

Page 5 
B Upon denial of any license hereunder, the Bois Forte Reservation 

Tribal Council shall promptly notify the National Indian Gaming 

commission of such denial. 

C. The applications for employment and the investigative reports 

provided by the Minnesota Department of Public Safety for all 

employees requiring a license hereunder shall be retained for no less 

than three (3) years from the date of termination of employment. 

XII. License Sus~ension/Revocation Hearhq 

A If the Bois Forte Reservation Tribal Council receives reliable 

information from any source indicating that a key employee or a 

primary management official is not eligible for employment or 

contract under this Ordinance after a license has been issued, the 

license shall be immediately suspended and the individual notified in 

writing of the suspension and the proposed revocation. 

B The written notice to the licensee of the suspension shall 

include notification of a time and a place for a hearing on the proposed 

revocation of the license. The revocation hearing shall be held as soon 

as practicable. 

C. At the termination of the revocation hearing, the Reservation 

Tribal Council shall either revoke or reinstate the license. If the 

information upon which the suspension was based has been received 

from the National Indian Gaming Commission, the Bois Forte 

Reservation Tribal Council shall notify the National Indian Gaming 

Commission of its decision at the conclusion of the revocation hearing. 

XIII. Miscellaneous 

A The following notice shall be placed on the application form for 

all employees of a gaming facility: 

"A false statement on any part of your application will 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) 

B Persons subject to licensing hereunder shall complete a 

"Personal History Statement for Key Employees and Primary 

Management Officials" which contains the following notice: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on 

Page 6 
thls fonn 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. 

Theinformation 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 

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. Existing employees 

and management officials subject to licensing hereunder 

shall complete a new "Personal History Statement for Key 

Employees and Management Officials" which contains the 

Privacy Act Notice. 

WE DO HEREBY CERTIFY, that the foregoing Ordinance was duly 

presented and adopted by a vote of for against and silent 

at a Special Meeting of the Bois Forte Reservation Tribal Council, a quorum 

being present, held on Aueust 27 , 1993, at Nett Lake, Minnesota. 

BOIS FORTE RESERVATION 

TFUBAL COUNCIL 

&&.J c. Md* & BY. 

David &omson, Sr. 

Its Secretary/Treasurer 

By: I 

1 GVW 

Doris Isharn, Member 

Page 7 
12/'UQ/03 11: 11 a218 757 3312 BUIS FORTE RTC 

w 

GARY W. WJALO HICK ANl)kHSUl.I 

Cheirman T~ibiil IrCITWu61 

Bois Forte Reservation Tribal Council 

Box 16 

MEMBERS 

Oar~s lsharri 

Nett Lake, Minnesota 55772 

Jofomc Whilrmn 

PhylNS Derhey 

'(21 8) 757-3261 

Message From The Bois Forte Reservation Tribal Council. 

I 

DATE : No. of Pagesincl. covek Sheet 

Dispatch To: 

Fax Number: 

Dispatch From: 

Subject : 

Dispatched By: / Time : . - 

/ / I. 

\J 

Confidentialitv 14oticq: The Document(6) accompanying ,this fax may 

contain,.'conf idential information whioh is legally privileged. The 

infomEition is intended only for the use of the intended recipient 

named above. If you are not the intended reoipient, you are hereby 

notified that any disclosure, copying, distribution, or the taking 

of any action in reliance on the .contents of this telecopied 

information, except in its direat delivery to the intended 

recipient nam~d above, is strictly prohibited. If you have 

received this ~RX in error, please notify us immediately by. 

telephone to arrange for return of the original document(s) to us. 
12/U9/93 11:ll 'lY218 757 3312 BOIS FORTE RTC Go uu2 

- 

FUF:TUNE ~RY CUSINO TE,* -21 8-753-6404 Deo 0-5 11:13 No.003 f.02 

MEMORANDUM 

DATE: December 3, 1 993 

TO: All Mannpers-on-Duty A , 

FROM: Kandy Hella 

SUBJECT: Revisions to Manager-on-Duty Procedures 

As a result of rcquiremenk of the National Indian Oaming Commissiorl as outllned In 25 

C.F.R. 522.2(f) the following rcvision to MOD Procedures Is necessary: 

In the subject area entitled "CUSTOMER COMPLAINTS" the following is added: 

GAMLNG (Blackjack, Slot9, Pull Tabs and Bingo): 

Chock with appropriate dcpanmenlal manager or supervisor or) duty lo see if they are 

aware of the situation and if they have already reacted to it. Again show interest, wncem 

and be: sympathetic. If you cannot regolvc, Cht General Managcr should bo contacted for 

guidance. If unable to contact the OM, attempt to obtain the names, addresses and phunt 

numbers of the effected customers indicating to them that the casino will be contacting 

them regarding this issue. You must fill out the MOD report and any appropriate 

incident reports should be filled out by Fortune Bay personnel who wcre witnesses to the 

situtation. Evcry attcmpt should be made to msolve thc issue using comlnon sense. 

ALL CUSTOMER COMPLAINTS: 

In situations where casino staff, supervisors, managers and Mobs arc unable io 

adequately resolve customer complaints, they must be rcferred to the General Manager 

with documentatfon of thc situation jncluding MOD reports, incident reports, memos and 

video from surveilance (if available). The Gcneral Managcr will crsnduct a review of the 

situation and contact effecled custumcrs nltempting to further resolve tho complaint. 

If the Genenl Monogcr is unable to resolve the complaint, the customer should be a4kcd 

lo file a wrilten complaint to lJ~e Board of Directors ol'Fortunc Bay Casino for their 

review and possible resolution. The Board of Directors will review the writltn custo~ner 

complaint, all internal repods and conduct inlewisws (if neccasary). They will advise the 

customer of their decision in writing. 
12t'UUf &I3 11: 12 'a218 757 J312 BUlS FUH'IE HIC Id UU~ 

FQRTUNF BflY CASlNU TELi1-218-753-6404 uec ur'rs ~~'33 IYU .uul r .VL 

MEMORANDUM 

DATE: December 7, 1993 

TO: Skip Finn, Legal Counsel 

Gary Donald, Chairman 

Rick Auderson, Tnid Maoager 

.Dnn Hockey, Fortune gay - Personnel Manager 

FROM: Randy Hella 

SUBJECT: Response to National Indian Gaming Commission request of 11/19/93 

In xesponse to the above referenced request by NIGC, tho folov&g is provided: 

PROCEDURES FOR CONDUCI[WG BACKGROUND INVESTIGATIONS OF 

KEY AND IlUMARY MANAGEMENT OFFlCIAlSt 

As is indicated in Bois Forte Rcscrvation Tribal Council Ordinance No. 43-94, the Bois 

Forte Reservation Triial Council is responsible for conducting background iuvestigations 

and detetmtntne the suhability for employment of andlor contract with key ~d primary 

management officials, Procedufea as outlined in the ordinance are: 

I) T&e Bois Forte RTC utilizes tho service6 of tho Minnesota Department of Public 

Safety to conduct fidl background investigations. This b an ongoing relationship 

that is the result of the compacts. Thc regent revision (effwtive 9/1/93) to the 

Personal mory Statement for Key Employees and prima^^ Management 

Ofiiciala is used. Those employees and officiak inchde all those listed in Section 

WI A and B of BFRTC Ordinan= No. 43-94, 

2) Currently, each effected employee is required to fill out the Personal History 

which is provided to them by Persoxxuel. Upon coqletlon of the form, 

Personnel Bubmits it to the Minnesota Department of Public Safety. 

3) n9 you are awarc, th~o aro currently discusaiorm bttwct~ th h4l~~u~ltt gwuirr~ 

tribes, the Minnesota Department of Publio Safety nnd the National Indian 

Gaming Commission cuncemhg the need for eddkional investigative work bcyond 

hat is already being performed. Results of those discussiono h~ve yet 

to be corupleted 

4) The RTC and cadno arc currently in the process of implementing a procedure to 

handle fingerprinting and photographing. Using the services of the Bureau of 

Indian mirs local police, employeee will be fisgerprinted. The fingerprint 

cards will be supplied by the Minnesota Department of Public Safety, Gambling 

Enforcement Divisioa The fingerprint cards and photos as required by thc revised 
12/U0/03 11:12 a218 757 3312 BUIS FORTE H'TC ldluu4 

[ORTUN,E BHY CHSINO TFL:l-218-753-6404 Dec b9'93 10:54 ~0.001 p.03 .. 'w ' w 

Petanal History will be attaohed to the Personal History and fbwuded to the 

Minnesota Department of Publia, Safety who in tun win forward the hgerprint 

cards to the FBI. Thie ie outlined in the htmtions of tho Pmnal History. 

The casino currentty has the capability to provide photographs required. 

5) Reports to the NlGC an the remits ofthe background invcstigstions are the 

rsrponsliility of the Bois Forte Reswation Tribal Council. 

6) The BI~RTC Ordinance No. 43-94 and the additional inforrastlorr mpplied to 

NIGC in my September 13,1993 correspondence along with this memorandum 

and the December 3, 1993 memrandum, "Revisions to Manager-on-Duty 

Proccdurce" include all tribal gaming regulations and procedures to date. 
September 9, 1993 

Anthony J. Hope 

Chairman 

National Indian Gaming Commission 

1850 M Street N.W., Suite 250 

Washington, D.C. 20036 

Dear Chairman Hope: 

Enclosed you will find various documents required by 25 CFR 522.2 

and 523.2. This is in response to your request of June 7, 1993. 

The primary reason for the delay in response was that the Tribe 

adopted a new gaming ordinance which closely parallels your 

suggested ordinance attached in the June 7th correspondence. 

The following documents are enclosed: 

1) The Bois Forte Reservation Tribal Council Ordinance No. 43-94, 

the tribal gaming ordinance. 

2) The Tribal-State Compact for Control of Class I11 Video Games 

of Chance 

3) The Tribal-State Compact for Control of Class I11 Blackjack 

4) Office Memorandum with procedures and forms for background 

investigations in conjunction with State of Minnesota 

Compacts. 

5) The 1991 Audit of the Bois Forte Development Corporation (dba 

Fortune Bay Casino) - This is a combined audit of both Class I1 

and Class I11 activity. The 1992 audit is currently in draft 

form only and will be forwarded when complete. 

6) A description of our procedures for handling customers 

complaints - This is contained within the Manager on Duty 

Procedures. 

7) The designated agent for service is: 

Gary Donald, Chairman 

Bois Forte Reservation Tribal Council 

P.O. Box 16 

Nett Lake, Minnesota 55772 

~5 cw 

1430 Bois Forte Road, Tower, MN 55790 Cl 1-(2181-753-6400 1-800-992-PLAY 
8) A check for $9,825.96 for fees for the following periods: 

Period Fee 

2 Qtrs. Ending 12/31/91 $3,637.71 

1 Year Ending 12/31/92 $4,581.59 

2 Qtrs. Ending 6/30/93 $1,606.66 

Copies of the worksheets as backup is provided also. 

pc: Gary Donald 

Rick Anderson