Howard Dickstein 

Dickstein & Merin 

2001 P Street 

Suite 100 

Sacramento, California 95814 . . 

Dear Mr. ~ickstein: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on August 19, 1993, for the 

Jackson Rancheria Band of Miwuk Indians (the Tribe). 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 while we have approved the Tribe's 

gaming ordinance, the Tribe must still modify the description of 

procedures for conducting background investigations on key 

employees and primary management as discussed with the NIGC 

staff. Specifically, the description of procedures designates 

the Joint Management Committee of the Jackson Indian Bingo and 

Casino to conduct background investigations and make suitability 

determinations on key employees and primary management officials. 

Because conducting background investigations and making 

suitability determinations is a governmental responsibility, it 

is inappropriate for the Joint Management Committee of the 

Jackson Indian Bingo and Casino to perform these duties. Also, 

the gaming ordinance is approved for gaming only on Indian lands 

as defined in the IGRA. 

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

Tribe 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 primary management 

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

1850 M STREET. N.W.. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202-632-7003 FAX: 202-632-7066 
Thank you for submitting the ordinance of the Jackson Rancheria 

Band of ~iwuk Indians for review and approval., The NIGC staff 

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

implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Anthony J. Hope 

Chairman 
JACKSON INDIAN RANCHERIA 

RESOLUTION 

WHEREAS, the Jackson Rancheria Band of Miwuk Indians is a 

federally recognized Indian Tribe; and 

WHEREAS, the General Council of the Jackson Rancheria is the 

Band's governing body; and 

WHEREAS, the Band is engaged in various forms of Class I1 gaming 

on the Rancheria and is presently negotiating a Class I11 

tribal-state compact with the State of California; and 

WHEREAS, the National Indian Gaming Commission has now promulgated 

regulations, which contain explicit requirements 

concerning gaming employee licensing, background checks, 

and related matters; and 

WHEREAS, the Band wishes to ensure that its Class I1 gaming 

operations comply with these new regulations; and 

WHEREAS, the Band believes that the new regulations will further 

enhance the Tribe's capability to ensure that its 

Class I1 gaming operations are managed honestly and 

efficiently; and 

WHEREAS, the Band wishes to designate the Amador County Sheriff's 

Department to carry out criminal history checks on key 

employees and primary management officials; and 

WHEREAS, the Band wishes to designate its counsel, Howard 

Dickstein, as its agent for service of process for 

official communications from the National Indian Gaming 

Commission; 

NOW THEREFORE BE IT RESOLVED that the General Council hereby enacts 

the Class I1 Gaming Ordinance attached hereto, and authorizes its 

Chairperson, Margaret Dalton, to execute the ordinance and submit 

said ordinance with all accompanying documents required to the 

National Indian Gaming Commission for review and approval. 

CERTIFICATION 

The foregoing resolution was adopted by a vote of 11 for, and 

0 against and 0 abstentions, at a duly called meeting of the 

General Council, at which a quorum was present, on this 12th day of 

August, 1993. 
ORDINANCE NO. 

TRIBAL CLASS I1 GAMING ORDINANCE 

I. Purpose 

The General Council of the Jackson Rancheria Band of Miwuk 

Indians (hereinafter "Tribeu) , empowered by the Tribe's 

Constitution to enact ordinances, hereby enacts this ordinance in 

order to set the terms for Class I1 gaming activities on tribal 

lands. 

11. Gamincr Authorized 

All forms of Class I1 gaming as defined in the Indian Gaming 

Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703 (7) (A) (ttIGRA") 

are hereby authorized, including but not limited to bingo, 

pulltabs, and non-banking card games. 

111. owners hi^ of Gaminq 

The Tribe shall maintain the sole propriety interest in and 

responsibility for the conduct of all Class I1 gaming activities 

authorized by this ordinance. 

IV. Use of Gaminu Revenue 

A. Net revenues from the Tribe's share of Class I1 gaming 

activities authorized herein shall be used only for the following 

purposes: to fund tribal government operations and programs; 

provide for general welfare of the Tribe and its members; promote 

tribal economic development; donate to charitable organizations; or 

help fund operations of local government agencies. 

B. If the Tribe elects to make per capita payments, it shall 

authorize such payments only upon approval of a plan submitted to 

the Secretary of Interior under § 2710(b) (3) of IGRA. 

V. Audit 

An annual independent audit of all gaming activities, 

including all contracts for supplies, services or concessions in 

excess of $25,000.00 annually, except contracts for professional 

legal and accounting services, shall be conducted and provided to 

the National Indian Gaming Commission (hereinafter "Commission" ) 

annually . 
VI. Environmental Protection 

The construction, maintenance and operation of Class I1 gaming 

facilities and Class I1 games shall be conducted in a manner which 

adequately protects the environment and the public health and 

safety. 

VII. Licenses for Key Em~lovees and Primary Manasement Officials 

The Tribe shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any Class I1 gaming 

enterprise operated on tribal lands: 

A. Definitions 

For the purposes of this section, the following 

definitions apply: 

(a) A person who performs one or more of the 

following functions: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices including 

persons with access to cash and accounting records 

within such devices; 

(b) If not otherwise included, any other person 

whose total cash compensation is in excess of $50,000 per 

year; or 

(c) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 
2. Primary Manasement Official. 

(a) The person having management responsibility for 

a management contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

(c) The chief financial officer or other person who 

has financial management responsibility. 

B. A~~lication Forms 

1. 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 applicant: 

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 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. 

2. Existing key employees and primary management 

officials shall be notified in writing that they shall either: 
a. Complete a new application form that contains a 

Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in 

that notice. 

3. 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 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. Code, 

title 18, section 1001.) 

4. The Tribe shall notify in writing existing key 

employees and primary management officials that they shall 

either: 

a. Complete a new application form that contains a 

notice regarding false statements; or 

b. Sign a statement that contains the notice regarding 

false statements. 

C. Backsround Investisations 

1. The Tribe shall request from each primary management 

official and from each key employee all of the following 

information: 

a. Full name, other names used (oral or written), 

social security number(s), birth date, place of 

birth, citizenship, gender, all languages (spoken 

or written) ; 

b. 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; 

c. 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 (i) (b) of this section; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, including 

ownership interests in those businesses; 
f. A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

g. The name and address of any licensing or regulatory 

agency with which the person has filed an 

application for a license or permit related to 

gaming, whether or not such license or permit was 

granted; 

h. 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; 

i. 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; 

j . 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 paragraphs (i) (h) and (i) (i) of this 

section, the criminal charge, the name and address 

of the court involved and the date and disposition; 

k. 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; 

1. A photograph; 

m. Any other information a tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by 

a tribe according to 25 C.F.R. § 522.2(h). 

2. The Tribe shall conduct an investigation sufficient 

to make a determination under subsection (c) below. In 

conducting a background investigation, the Tribe shall promise 

to keep confidential the identity of each person interviewed 

in the course of the investigation. 

D. Eliuibilitv Determination 

1. The Joint Management Committee of the Tribet s gaming 

operation 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 
a primary management official for employment in a gaming 

operation. If the General Council determines that employment 

of the person 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, a tribal gaming operation 

shall not employ that person in a key employee or primary 

management official position. 

2. The Tribe's gaming operation shall not employ in a 

key employee or primary management official position a person 

who has supplied materially false or misleading information 

with respect to the required information for that person's 

background investigation under subsection B above. 

E. Procedures for Forwardins A~~lications and R~Do~~s for 

Key Em~lovees and Primary Manasement Officials to the Commission 

1. When a key employee or primary management official 

begins work, the Tribe shall forward to the Commission a 

completed application for employment and conduct the 

background investigation and determination referred to in 

subsections A, B, C and D of this section. 

2. Upon completion, the Tribe shall forward the report 

referred to in subsection F of this section to the Commission 

within 60 days after an employee begins work or within 60 days 

of the Chairman's approval of this ordinance. 

3. The gaming operation shall not employ a key employee 

or primary management official who does not have a license 

after 90 days. 

F. Re~ort to Commission 

1. Pursuant to the procedures set out in subsection E 

of this section, the Tribe shall prepare and forward to the 

Commission an investigative report on each background 

investigation. An investigative report shall include all of 

the following: 

a. Steps taken in conducting a background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

e. The Tribe shall include in its report a copy of the 

eligibility determination made under section D of this 

section. 
2. If a license is not issued to an applicant: 

a. The Tribe shall notify the Commission; and 

b. Forward copies of its eligibility determination and 

investigative report (if any) to the Commission for 

inclusion in the Indian Gaming Individuals Records 

System. 

3. The Tribe shall retain applications for employment 

and reports (if any) of background investigations for 

inspection by the Chairman of the Commission or his or her 

designee for no less than three (3) years from the date of 

termination of employment. 

G. Grantins a Gamins License 

1. If, within a thirty (30) day period after the 

Commission receives a report, the Commission notifies the 

tribe that it has no objection to the issuance of a license 

pursuant to a license application filed by a key employee or 

a primary management official for whom the tribe has provided 

an application and investigative report to the Commission, the 

Tribe may go forward and issue a license to such applicant. 

2. If, within the thirty (30) day period described 

above, the Commission provides the Tribe with a statement 

itemizing objections to the issuance of a license to a key 

employee or to a primary management official for whom the 

tribe has provided an application and investigative report to 

the Commission, the Tribe shall reconsider the application, 

taking into account the objections itemized by the Commission. 

The Tribe shall make the final decision whether to issue a 

license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the 

Commission receives reliable information indicating that a key 

employee or a primary management official is not eligible for 

employment under subsection C above, the Commission shall 

notify the Tribe that issued a gaming license. 

2. Upon receipt of such notification under paragraph 

(1) above, the Tribe shall suspend such license and shall 

notify in writing the licensee of the suspension and the 

proposed revocation. 

3. The Tribe shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of a license. 
4. After a revocation hearing, the Tribe shall decide 

to revoke or to reinstate a gaming license. The Tribe shall 

notify the Commission of its decision. 

VIII.Customer DiB~ute Resolution Procedure 

The general manager of the tribal gaming operation shall 

attempt to resolve on an informal basis any customer complaints 

relating to payment of prizes or services and report any such 

resolution to the governing body of the enterprise. If the 

complaint cannot be resolved at the general manager level, the 

customer shall be informed that he/she has the right to present his 

or her complaint to the governing body of the gaming enterprise, 

whose decision shall be final. 

IX. IGRA Com~liance 

The Tribe shall ensure enforcement of rules and regulations 

for all games played to ensure that they conform to the Indian 

Gaming Regulatory Act and that the games are honest and fair. 

X. License Locations 

The Tribe shall issue a separate license to each place, 

facility or location on tribal lands where Class I1 gaming is 

conducted under this ordinance. 

XI. Re~eal 

All prior gaming ordinances are hereby repealed. 

CERTIFICATION 

The foregoing resolution was adopted by a vote of 11 for, and 

0 against and 0 abstentions, at a duly called meeting of the 

General Council, at which a quorum was present, on this 12th day of 

August, 1993. 

Mardare Dalton, Chairperson