CERTIFICATION
|, the undersigned, as Governor of the Pueblo of Sana Clara, hereby certify that the Santa Clara
Tribal Council, at a duly called meeting that was convened with proper notice and was held on

the Thkday of February, 2009, at the Santa Clara Pueblo, New Mexico, a quorum being
present, approved the foregoing Resolution with _/A members voting in favor, _C? opposed,

Q. abstaining and _O being absent.

Governor

ATTEST:

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March 5, 2008

Via Facsimile: (505) 982-0307
and U.S. Mail

Richard W. Hughes, Esq.
Rothstein Donatelli et al.
1215 Paseo De Peralta
P.O. Box 8180

Santa Fe, NM 87504-8180

Re: Santa Clara Pueblo Gaming Commission — authorization to take fingerprints
Dear Mr. Hughes:

Chairman Hogen forwarded your letter of February 6 to me for response. I
understand that Tribal Council resolution 09-04 recognizes the Santa Clara Pueblo
Gaming Commission as a law enforcement agency for the purpose of taking fingerprints
for submission to the FBI as part of the required background investigations of key
employees and primary management officials. I understand as well that the Tribe seeks
assurance that NIGC will also recognize the gaming commission as such. Please be so
assured.

The term /aw enforcement agency, as used in 25 C.F.R. §§ 522.2(h) and 556.4(a)(14),
includes a tribal gaming commission when so designated by the tribal government. The
NIGC forwards to the FBI fingerprints submitted by many tribal gaming commissions,
just as it forwards fingerprints taken by police departments.

If you have any further questions or concerns about this, please feel free to contact
Staff Attorney Esther Dittler here in the Washington, DC, office. If you have any
questions about the process of submitting fingerprints, please contact Region Director
Ken Billingsley in the Phoenix office. The telephone number there is (602) 640-2951.

Very truly yours,

Associate General Counsel — General Law

NATIONAL HEADQUARTERS 14417 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 + WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


SANTA CLARA INDIAN PUEBLO

POST OFFICE BOX 580 ESPANOLA, NEW MEXICO
(505) 753-7326 87532
(505) 753-7330 |
OFFICE OF GOVERNOR

RESOLUTION NO. | 27-04

DETERMINING THAT SANTA CLARA PUEBLO GAMING COMMISSION IS
AUTHORIZED TO TAKE FINGERPRINTS FOR LIMITED PURPOSES UNDER
THE PROVISIONS OF THE SANTA CLARA GAMING CODE

WHEREAS, the Santa Clara Gaming Code was originally enacted by the Tribal Council on January
28, 1998, and was approved by the Chairman of the National Indian Gaming Commission on
May 29, 1998; and

WHEREAS, under the provisions of the Code, as presently codified, especially at 109.7(B)(2), an
applicant for a gaming license must submit a set of fingerprints, which “shall have been made
and certified by a qualified employee of a law enforcement agency, “ for use in the background
investigation to be undertaken by the Gaming Commission prior to the determination of
licensing eligibility; and |

WHEREAS, the requirement that fingerprints be taken by an employee of a law enforcement
agency is likewise a requirement of the regulations of the National Indian Gaming Commission,
at 25 C.F.R. 522.2(h) and 556.4(a)(14); and |

WHEREAS, the National Indian Gaming Commission|has informed the Pueblo, by letter from
Esther Dittler, dated October 31, 2008, that for the limited purpose of taking fingerprints of
gaming license applicants for purposes of required background investigations, the National
Indian Gaming Commission is willing to consider a tribal gaming agency to be a qualified “law
enforcement agency, “if the gaming agency is authorized to take such fingerprints as a matter
of tribal law or pursuant to a determination of the governing body of the tribe; and

WHEREAS, the Tribal Council understands that requiring that fingerprints only be taken by
officer af the Santa Clara Police Department or another law enforcement agency can in some

instances delay the background investigation process, and otherwise create inconvenience for
license applicants and the Commission; and |



WHEREAS, the Santa Clara Pueblo Gaming Commission has taken steps to obtain proper
equipment for the efficient and accurate taking of fingerprints from licensed applicants, and has
trained its employees in the use of such equipment; and

WHEREAS, the Tribal Council believes that in light of the position of the National Indian Gaming
Commission it would be appropriate to authorized the Santa Clara Pueblo Commission to be
deemed a Jaw enforcement agency for the limited purpose of taking fingerprints in connection
with license applications and background investigations, provided such activities are carried on
by properly trained employees;

NOW THEREFORE BE IT RESOLVED, by the Tribal Council of the Pueblo of Santa Clara, as follows:

1. For the sole and limited purpose of taking fingerprint impressions required for gaming
license applications under the provisions of 109.7(B}(2) of the Santa Clara Tribal Code
{2006 Comp.), the Tribal Council hereby determines that the Santa Clara Pueblo Gaming
Commission is a “law enforcement agency” within the meaning of that paragraph, such
that a properly trained employee of the Commission shall at all times assure that any
employee who takes such fingerprints is in fact fully trained to utilize the equipment
properly, that the fingerprints shall be Commission under the provisions of the Gaming
Code, and that such fingerprints shall have no other validity or use whatsoever, nor shail
the Commission be considered a law enforcement agency for any other propose
whatsoever.

2, The Governor and the general counsel of the Pueblo are authorized and directed to
transmit a copy of this resolution to the Chairman of the Santa Clara Pueblo Gaming
Commission, and to the National Indian Gaming Commission, and are further directed to
obtain assurance from the National Indian Gaming Commission that the Commission
concurs in the terms of this resolution and will honor fingerprints taken in accordance
with the procedure set forth herein.

3. Notwithstanding the Tribal Council’s willingness to deem the Santa Clara Pueblo Gaming
Commission as a law enforcement agency for the narrow and limited purpose of taking
fingerprint impressions of gaming license applicants, in the event that at any time the
Commission’s equipment for taking such fingerprints is not functioning properly, or
there is no one trained to use such equipment to take such fingerprint impressions, such
fingerprint impressions must be taken by an employee of the Santa Clara Pueblo Police
Department.