August 11, 2015 

By First Class Mail 

Stephanie A. Bryan, Chair 

Poarch Band of Creek Indians 

5811 Jack Springs Road 

Atmore, AL 36502 

Re : Poarch Band of Creek Indians; Tribal Council Ordinance Amending Title 20 (Gamfng}, 

TCO 2015-10 

Dear Chair Bryan: 

This letter responds to your request on behalf of the Poarch Band of Creek 

Indians for the National Indian Gaming Commission Chair to review and approve the 

Band' s amendments to its gaming ordinance, passed by Tribal Council Ordinance 2050-

10 and clarified by Tribal Council Resolution 2015-061. 

The amendments, passed on May 7, 2015 by the Tribal Council, revise the 

ordinance to amend: 

1. Section 20-2·3 to revise and delete provisions regarding membership of the 

Sand's tribal gaming commission; and 

2. Section 20-Z-S(a) to add a reporting requirement for the tribal gaming 

commission administrator. 

Thank you for submitting the amendments. They are approved, as they are 

consistent with the requirements of the Indian Gaming Regulatory Act and the NIGC's 

regu lations. If you have any questions, please feet free to contact Senior Attorney Maria 

Getoff at 202-632-7003. 

Sincerely, 

~fl-I---~-

Jonodev O. Chaudhuri 

Chairman 

NEW MAlllNG AODRESS: NIGC/ DEPARTMENT OF THE INTERIOR 1849 C St<eel NW. Mail Slop II 1621 Washington, DC 20240 l: 202.632.7003 Fox: 202.632.7066 

REGIONAL omns l'orllond. OR; Socrornenlo, CA; ?hoenix, AZ; SI, Poul, M."i; Tulsa OK; Oltlohomo Cly, OK 

WWW.NIGC.GOV 
: 

._ X.l!-/a/ (~,.t/JZ-c'-·/. ~tit?~.te:o·n, 

.I/ ·:~ 2015-061 

RESOLUTION TO CLARIFY ORDINANCE LANGUAGE FOR 

TCO 2015·10 AMENDMENTS TO TITLE 20 (GAMING) 

WHEREAS, the Poarch Band of Creek [ndians is a federally recognized Tribe organized 

pursuant to 25 C.F.R. 83; 

WHEREAS, the Constitution of the Poarch Band of Creek lndians authorizes its Tribal Council 

to enact, amend or repeal an ordinance or resolution; 

WHEREAS, on May 7, 2015, TCO 2015-10 approved amendments to Title 20 in Sections 20-

2-3 and 20·2-S(a) to revise and delete provisions regarding membership of the 

Tribal Gaming Commission, which is now governed by Title 45 (Board and 

Committee Organization Act), and to reflect the new chain of command for the 

Commission Administrator under the Tribal government structure; 

WHEREAS, for clarification of the "whereas" language in the Ordinance to Amend Title 20 

(Gaming) and the legislative intent of the Tribal Council on May 7, 2014, the 

following statements are provided: 

• the referenced amendments to Section 20-1-3 and Section 20-2-1 '1re not 

amendments to Title 20 and should have been removed from the final 

Ordinance; 

• the amendment to Section 20-2·3 is correct to revise and delete provisions 

regarding membership of the Tribal Gaming Commission, which is now 

governed by Title 45; 

• the amendment to Section 20-2-S(a) does not reflect a new chain of 

command for the Commission Administrator under the new TribaJ 

government structure, but rather adds a reporting requirement for the 

Tribal Gaming Commission Administrator for the purpose of 

implementing Commission policies, objectives, and directives; :ind 

WHEREAS, the Tribal Council desires to clarify its amendments to Title 20 (Gaming), with 

the amendments to be effective upon approval by the National Indian Gaming 

Commission (NIGC). 
NOW THEREFORE BE IT RESOLVED that the Tribal Council approves the clarification to 

the Ordinance to Amend Title 20 (Gaming) by this Resolution and establishes that the 

amendments to Title 20 were only to Sections 20-2-3 and 20-2-S(a) as set forth in TCO 2015-

010. 

APPROVAL 

I, the Chair of the Poarch Band of Creek Indfans, hereby affix my signature to the resolution 

authorizing it to become official this 4th day of June, 2015. 

Step~~ ~ . bal ~~ Chai~ Poarch Band of Creek Indians 

CERTIFICATION 

[, the Secretary of the Poarch Band of Creek Indians, certify that the foregoing is a true extract 

from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised 

of nine members with 8 in attendance on the 4'11 day of June, 2015, and that lhe above is 

in confonnity with the provisions therein adopted by a vote of 7 in favor, and ___ o__ 

against, 0 abstentions. 
fjJ~ <cuJ. .f~ 

Y1<ikl ~~()~ 

.'r.f(J 2015-10 

ORDINANCE TO AMEND TITLE 20 (GAMING) 

WHEREAS, the Poarch Band of Creek Indians is a federally recognized Tribe organized 

pursuant to 25 C.F.R. 83; 

WHEREAS, the Constitution of the Poarch Band of Creek Indians authorizes its Tribal Council 

to enact, amend or repeal an ordinance; 

WHEREAS, on October 25. 1986, Gaming was enacted by Tribal Council Motion and later 

amended by ordinances July 26, 1993, February 6, 2007, May 20, 2010, and July 

18, 2013; 

WHEREAS, on November 15, 2012, TCO 12:011 enacted Title 45 (Board and Committee 

Organization Act) which was later amended on March 20, 2014 and September 4, 

2014; 

WHEREAS, Title 20 (Gaming) has not been amended to reflect the passage and amendments 

to the Board and Committee Organization Act; 

WHEREAS, the proposed amendments to Section 20-1-3 add and delete certain definitions to 

reflect the use of terms throughout the Title; 

WHEREAS, the proposed omendments to Section 20-2-3 revise and delete prov1S1ons 

regarding membership of the Tribal Gaming Commission, which is now governed 

by Tille 45~ 

WHEREAS, the revision to Section 20-2-S(a) reflects the new chain of command for the 

Commission Administrator under the new Tribal government structure; 

WHEREAS, the Tribal Council desires to amend Title 20 (Gaming), with the amendments to 

be effective upon approval by the National Indian Gaming Commission (NIGC); 

WHEREAS, pursuant to Section 20·2-l, the Tribal Council wishes to designate the 

management, oversight, and responsibility for day-to-day operations of the 

provisions of Title 20 to a department, entity, o~ employee within Tribal 

Government; and 
WHEREAS, in accordance with § 2-3-1 (b) of Title 2 (Legislative), this Ordinance was 

introduced by Tribal Council motion at the regularly scheduled official meeting 

on April 16, 201 S. 

NOW THEREFORE BE IT ORDAINED that the Tribal Council amends Title 20, effective 

upon NlGC approval, as follows: 

§ 20-2-3 

(a) 

Board of Commissioners 

Commission Structure 

The unifonn system for the size, tenn, and selection of members for boards and 

committees, including commissions, is governed by legislation established under Title 45 

(Board and Committee Organization Act) of the Tribal Code. 

(b) Eligibility of Commissioners 

In addition to the membership qualifications in Title 45, a candidate for the Board of 

Commissioners shall also meet the follo\ving qualifications, even if the qualifications are 

more stringent than those qualifications in Title 45: 

( l) A Commissioner shall be a natural person ofat least twenty-one (21) years 

of age. 

(2) A Commissioner must be eligible to be licensed as a Key Employee and 

Primary Management Official in accordance with §20·6· l. 

(3) Commissioners must complete a background investigation which shall 

confirm that the Commissioners are persons of good character, honesty, 

and integrity, and persons whose prior and current activities, criminal 

record, reputation, habits, and associations (both business and personal) do 

not pose a threat to the public interest of the Tribe 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 carrying on of the business and financial 

arrangements incidental to the conduct of gaming. 

(4) A Commissioner must annually obtain a gaming license in accordance 

with the procedure in §20-2-4. 

(S) No person shall serve on the Commission if such: 
(i) Person is an employee of the Commission, member of the Gaming 

Board, a Tribal judge or justice, or an employee of any Gaming 

Establishment or the Gaming Operation; 

(ii) Person is an Immediate Family Member of or living with any 

Tribal Council member or Gaming Board member; 

(iii) Person has a direct or indirect financial interest in o Management 

Contract, other than his or her share of any per capita payment that 

the Tribe may make; 

(iv} Person is a Gaming Vendor or Non·garning Vendor or has a direct 

or indirect financial interest in a Gaming Vendor's or Non-gaming 

Vendor's contract with any Gaming Establishment or the Gaming 

Operation; 

(v) Person has a direct or indirect financial interest in any Gaming 

Establishment or the Gaming Operation, other than his or her share 

of any per capita payment or any stipend or compensation paid for 

service to the Board of Commissioners; or 

(vi) Person has been convicted of a felony, embezzlement, theft, 

robbery, receiving stolen property, fraud1 frauduJent use of a credit 

card, forgery, possession of a forged instrument, bribery, 

counterfeiting, or falsification or destruction of records. 

(c) Function of the Commission 

The business and affairs of the Commission shall be managed by ils Board of 

Commissioners, subject to any limitations set forth in the Tribal Constitution, this Title, 

or the Commission bylaws. The Board of Commissioners will detennine the manner in 

which it will exercise authority and responsibility for the management of the Commission 

and the extent to which such powers will be delegated to committees of the Board of 

Commissioners. The Board of Commissioners generally shall be responsible for 

establishing overall policies and objectives for the Commission relative to regulation, 

including, but not limited to, planning and delegating responsibility, and for periodically 

reviewing and evaluating results. 

§ 20-2-8 

(a) 

Tribal Gaming CommJssion Administrator 

The day-to-day activities of the Commission shall be under the direction of the 

Tribal Gaming Commission Administrator. The Tribal Gaming Commission 

Administrator shall report to the Board of Commissioners for the purpose of 

implementing Board of Commissioners' policies, objectives, and directives. 
APPROVAL 

I, the Chair of the Poarch Band of Creek Indians, hereby affix my signature to the ordinance 

authorizing it to become official this 7'hdayofMay, 2015. 

Step~~ime A. ryan, n a b~~~ . air 

Poarch Band of Creek Indians 

CERTIFICATION 

I, the Secretary of lhe Poarch Band of Creek Indians, certify that the foregoing is a true extract 

from the minutes of the Tribal Council meeting of the Poarch Band of Creek Indians, comprised 

of nine members with 8 in attendance on the ?'h day of May, 2015, and that the above is 

in confonnity with the provisions therein adopted by a vote of 8 in favor, and _ _,o.__ 

against, 0 abstentions. 

David W. Gehman, Tribal 

tj~ Secretary 

Poarch Band of Creek Indians 

---