Organized Village of Kake

P.O. Box 316

Kake, Alaska 99830-0316

Telephone 907-785-6471

Fax 907-785-4902 I Email ovkgovt'seaknet.alaska.edu

(Federally Recognized Tribal Government sersing the Kake, Alaska area)

Resolution No. 99-08 Adoption of Class II Gaming Ordinance

H~ 2000

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

THEREFORE

the Organized Village of Kake (hereinafter OVK) is a federally recognized Indian

Tribe under federal law and is empowered under its Constitution and By-Laws to

adopt ordinances to govern its members and its activities on behalf of its members;

and,

OVK is organized pursuant to the authority of the Federal Indian Reorganization Acts

(hereinafter IRA) of 1934 and 1936 with the IRA Council as the duly-elected

governing body formed under its Constitution and By-Laws; and,

the OVK IRA Council desires to explore the establishment of lawful Indian class II

gaming activities under the Indian Gaming Regulatory Act of 1988 on tribal lands in

Kake, Alaska held in trust for OVK by the United States; and,

one of the preliminary requirements for establishing such gaming is the adoption of a

tribal ordinance in compliance with the Indian Gaming Regulatory Act of 1988 and

securing its approval by the National Indian Gaming Commission; and

the OVK IRA Council has caused to be developed, and has given due consideration

to, a draft class II Indian gaming tribal ordinance designed to comply with the

requirements of the Indian Gaming Regulatory Act of 1988 and the specifications for

approval by the National Indian Gaming Commission.

BE iT RESOLVED, that the OVK IRA Council hereby adopts as Tribal law the

attached ordinance captioned as the Organized Village of Kake Class II Gaming

Ordinance and hereby requests that the National Indian Gaming Commission

approve said ordinance; and

BE IT FURTHER RESOLVED, that the OVK IRA Council directs its Executive Director to cause

said ordinance to be forwarded to the National Indian Gaming Commission for

approval, along with related submissions required by the Commission.

CERTIFICATION

This resolution was duly adopted at an IRA Council meeting held this 2.0 day of

________________

1999 by a quorum of U (includes president as non-voting chairperson except

in case of tie v&e) with ~ yes votes, &~ no votes, and ~ abstaining.

~LA~~6fl~ /

Atte~s~Ød by







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ORGANIZED VILLAGE OF KAKE /

BACKGROUND INVESTIGATION PROCEDU RES

The Organized Village of Kake (OVK) has the authority and is responsible for conducting

background investigations and making suitability determinations for licensing key employees and primary

management officials for any class II gaming activities on tribal lands. Effective regulatory oversight for

such gaming activities requires that there be a separation between the regulation and operation of tribal

gaming activities. OVK is solely responsible for conducting background investigations, making suitability

determinations and issues licenses. However, because the scope of background investigations will vary

depending upon the information gathered, OVK has no boilerplate background investigation program.

Therefore, OVK has determined that the following general procedures shall be used in the course of

background investigations and licensing.

1. The OVK Executive Director shall be responsible for obtaining and soliciting the information

necessary to perform background investigations of and issuing licenses for key employees and primary

management officials, consistent with the Organized Village of Kake Class II Gaming Ordinance, the Indian

Gaming Regulatory Act, and the applicable National Indian Gaming Commission (NIGC) regulations.

2. Applications for key employee or primary management official positions shall not be processed

unless the applicant executes a National Indian Gaming Commission Authorization For Release of

Information and provides all of the information required under Section VII(C)(I) of the Organized Village

of Kake Class II Gaming Ordinance, as well as all supporting documentation to the extent available. All

such applicants must provide copies of and make available for inspection a birth certificate, social security

card, and valid drivers license. OVK shall use the NIGC to process applicant fingerprint cards.

3. The information an applicant provides in accordance with Section VlJ(C)(l) shall be verified. The

major areas of focus for each background investigation shall include criminal history information, personal

character information, financial history information, and gaming experience. The reviewer shall take the

following steps:

a. Verify such applicants name, place of birth, date of birth, and citizenship by requiring the

applicant to provide items such as a birth certificate, social security card, or passport.

b. Confirm the applicants business and employment positions held and ownership interests in

those businesses currently and for the past 5 years by attempting to contact through written letter,

OVK Background Investigation Procedures page 1 of 3
telephone calls or personal visits to past employers listed in the application and through ownership

documentation such as copies of partnership agreements, stock certificates, or IRS tax returns.

c. Obtain the applicants driving record by using the applicants drivers license number to

contact the Department of Motor Vehicle in the state where the license is issued.

d. Ascertain character information about the applicant by contacting the personal references

identified in the application.

e. Inquire into any existing or previous business relationships the applicant has had with Indian

tribes, including the scope of those relationships, by contacting those tribes identified in the

application. Also, the investigator should contact other state and federal entities that have contact

with Indian tribes to obtain other information available.

1. Gather information about any existing or previous business relationships the applicant has

had in the gaming industry, including the scope of those relationships, by contacting those entities

identified in the application. Also, when appropriate, the investigator should contact other state

gaming agencies or the NIGC to obtain other information available.

g. Verify the applicants history and status with any licensing agency identified by the applicant

with which the applicant has applied for an occupational license or permit by contacting those

agencies.

h. Obtain information regarding any past felonies, misdemeanor convictions, or criminal

charges within the last 10 years by contacting state, city, county and tribal courts, and state, local,

and tribal police departments in the applicants areas of residence, including any court documents

pertaining to the applicants civil or criminal history. In all cases, Federal Bureau of Investigation

(FBI) criminal history record information (CHRI) shall be obtained in conjunction with the

information verification process. OVK authorizes only the following people to have access to FBI

CHRI: OVK Executive Director. No individual who is authorized to have access to FBI CHRI shall

be employed at OVKs class II gaming operation.

i. Obtain and verify any other information the tribe deems relevant to complete a thorough

background investigation, such as a report from a credit reporting agency.

OVK Background Investigation Procedures page 2 of 3
j. Appropriately broaden the scope of the investigation after the information provided has been

verified and analyzed.

4. The identity of each person interviewed in the course of the investigation shall be kept confidential.

No individual who performs or assists in performing background investigations of key employee and primary

management officials shall be employed at OVKs class II gaming operation.

5. The OVK Executive Director shall be responsible for reviewing and approving the background

investigation work, and making suitability determinations on behalf of OVK, consistent with the Organized

Village of Kake Class II Gaming Ordinance, the Indian Gaming Regulatory Act, and the applicable NIGC

regulations. No applicant who poses a threat to the public interest or to the effective regulation of gaming, or

creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the

conduct of gaming shall be employed as a key employee or primary management official. OVKs class II

gaming operation shall not employ as a key employee or primary management official a person who does not

have a license after ninety (90) days.

6. The OVK Executive Director shall be responsible for reporting the results of key employee applicant

and primary management official applicant background investigations and suitability determinations to the

NIGC no later than sixty (60) days after such an employee begins work, and shall also be responsible for

compiling and submitting any additional information the Chairman might request. Each investigative report

shall contain the information required under Section VII(F)(l)-(2) of the Organized Village of Kake Class H

Gaming Ordinance. No license shall be issued prior to submission of the investigation report to the NIGC.

7. Upon successful completion of the required background investigation and determination of

suitability, and upon receipt of notice from NIGC that it has no objections to issuance of a license to the

applicant, the OVK Executive Director shall issue a license to such individual. However, if NIGC provides

OVK with an itemized statement of objections, OVK shall reconsider the applicant, taking into account

NIGCs itemized objections.

8. OVK makes the final decision whether to issue a license to an applicant.

OVK Background Investigation Procedures page 3 of 3