Mr. Tryg Jorgensen 

Tribal Admjnistrator 

Kailegee Tribal Town 

P.O. Box 332 

Wetumka, Oklahoma 74883 

Dear Mr. Jorgensen: 

This letter responds to your request to review and approve the tribal gaming ordinance, 

Ordinance, adopted on November 5, 1996, by the Kialegee Etvlwv Business Committee 

(Tribe). This letter constitutes approval of the ordinance 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 Tribe's gaming ordinances, 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. § 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. 5 556.5(b). 

Thank you for submitting the ordinance of the Kialegee Tribal Town for review and approval. 

The NIGC staff and I look forward-to working with you and the Tribe in implementing 

the IGRA. 

Sincerely yours, 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX 202-632-7066 
KlAtEGEE ETVLWV ' 

OlWA Constitution Rotified June I 2. 194 1 - OlWA Corporate Charter Rotified Seeember I 7. 1 942 

KIALEGfE TRIBAL TOWN RESOLUTON 

A RESOLUTION OF THE KiALEGEE BUSINESS COMMITTEE ESTABLISHING 

THE KLALEGEE TRIBAL TOWN GAMING ORDINANCE 

WHEREAS, The Kiale2ee Etvlwv one of the original towns of the Mvskoke - 

Confederacy, was organized pursuant to the provisions of the Oklahoma 

Indian Welfare Act of June 26, 1936 (49 Stat. 1967); and, 

WHEREAS, The Kialegee Mekko in 1796 did sign on June 29th the treaty of peace 

with the United States; and, 

WHEREAS, The Kialegee having passed a Gaming Ordinance to comply with IGRA 

(Indian Gaming Regulatory Act) during the Administration of Johnny 

Billy which was filed before the implementation of the IGRA. 

NOW THEREFORE BE IT RESOLVED, 

The Kialegee Business Committee does issue a Gaming Ordinance 

designed from IGRA recommendations for compliance with the IGRA. 

We, the undersigned officers of the Kialegee Etviwv Business Committee, do hereby 

certifjl that the foregoing Resolution No. .Ll-5-96 was duly adopted on the %day of 

Novee 1996, by a vote of &FOR, Against, Abstaining. 

ATTEST: p 

V Witness 
KIALEGEE ETVLWV 'I, 

P.O. Box 3 3 2 

Weturnko, OK 74883 

(405) 452-3262 FOX (405) 452341 3 

,-Q ?a 

@? 

KIALEGEE TRIBAL TOWN CLASS I1 GAMING ORDINANCE I 

1. PurDose 

The Kialegee Tribal Town Business Committee (hereinafter "Tribe"), empowered 

by the Kialegee Tribal Town Constitution and Corporate Charter to enact ordinances, 

hereby enacts this ordinance in order to set the terms for class 11 gaming operations on 

tribal lands. 

11. Gaming Authorized 

Class I1 gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, 

25 U.S.C. Section 2703 (7) (A) 2 ("IGRA") and by Commission at 25 C.F.R. 502.3 (as 

published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby 

authorized. 

The Tribe shall have the sole propriety interest in and responsibility for the 

conduct of any gaming operation authorized by this ordinance [unless the Tribe elects to 

allow individually owned 'gaming 3. 

rV. Use of G- Revenue 

A. Net revenues from class 11 gaming shall be used only for the following 

purposes: to fund tribal government operations and programs; provide for the 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 to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary of the 

Interior under 25 U.S.C. 2710 (b) (3).4 

V. Audit 

A. The Tribe 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. 

1 Except as noted in footnotes. the same requirements apply for a class 111 gaming ordinance. 

2 For class I11 gaming, the appropriate reference is 25 U.S.C. Section 2703 (8). 
3 If a trihc el( \allow individually owned gaming, it must author172 suct :~\lng in its ordinance according to 

25 C.F.R. 522.10 and 22.1 1. 

4 Guidelines to GOV& the Review and Approval of Per Capita Payments, memorandum to All Area Directors 

h Ihc Assistanl Secretary - Indian AfFairs, Decanber 2 1, 1992. 

VI. Protec.tion of the Environment and Public Health and Safety 

Class I1 gaming facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and, the public health and safety. 

VD[. Licenses for Kev Em*= and Primary Uement 

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 Indian lands; 

For the purposes of this section, the foIlowing definitions apply: 

1. Kev em~loyee means6 

(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 'kh; 

(5) Floor managec 

(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. 

(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 oficer or other person who has 

financial management responsibility. 

. - B. l~catlon 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 oficial duties. The 

information may be disclosed to appropriate Federal, Tribal, State, local, or 

foreign law enforcement and regulatory agencies when relevant t o 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 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. 
'. . ! (US. Code, title 18, section 1001 .) . 

4. , The Tribe shall notitjr in writing existing key employees and primary 

management officials that they shall either: 

a. Complete a new application fonn that contains a notice regarding false 

statements; or 

b. Sign a statement that contains the notice regarding false statements. 

C. - - und -7 

I. 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, a11 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 atfeast three personal references, 

including one personal reference who was acquainted with the applicant 

during &ch period of residence listed under paragraph (1) (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; 

7 Unless a tribal-state Compact pro~ides that a state has exclusive jurisdiction with resped to conducting 

bsckgfWnd investigations and issuing licenses, the backgrwnd investigations and issuing licenses, the backgmund 

investigation provisions apply to class Ill gaming. 
I. For eac isdemeanor conviction or ongoing mi meanor 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 paragraph (1) (h) 

or (1) (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 field an application for an occupational license or permit, 

whether or not such license or permit was granted; - 

1. A current photograph; 

m. Any other information the Tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by the Tribe according to 

25 C.F.R. 522.2(h). 

2. The Tribe shall conduct an investigation sufficient to make a determination under 

subsection D. below. In conducting a background investigation, the Tribe or its 

agent shall promise to keep confidential the identity of each person interviewed in 

the course of the investigation. 

The Tribe shall review a person' prior activities, criminal record, if any, and 

reputation, habits and association to make a finding concerning the eligibility of a key 

employee or primary management oficial for employment in a gaming operation. If the 

Tribe 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. 

E. Procedures for Fo-ens and-ports for Key Emph~vand . . . . s to the-- 

1. When a key employee or primary management official begins work at a 

gaming operation authorized by this ordinance, the Tribe shall forward to the National 

Indian Gaming Commission a completed application for employment and conduct the 

background investigation and make the determination referred t in subsection D of this 

section. 

2. The Tribe shall forward the report referred to in subsection F of this 

section to the National Indian Gaming Commission within 60 days'after an employee 
begins work or within ' iays of the approval of this ordinance ' 'the Chairman of the 

National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee or primary 

management ofticia1 a person who does not have a license after 90 days. 

F. Report to the National Indlan Gaming: Commlsslon . . 

1. Pursuant to the procedures set out in subsection E of this section, the Tribe 

shall prepare and forward to the National Indian Gaming 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. 

2. The Tribe shall submit, with the report, a copy of the eligibility 

determination made under subsection D of this section. 

3. If a license is not issued to an applicant, the Tribe: 

a. Shall notify the National Indian Gaming Commission; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management officials, the 

Tribe shall retain applications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the National 

Indian Gaming Commission or his or her designee for no less than three 

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

1. If, within thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming 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 oficial for whom the tribe has provided an 

application and investigative report to the National Indian Gaming Commission, the 

Tribe may issue a license to such applicant. 
2. The Tr shall respond to a request for additior nformation from the 

Chairman of the National Indian Gaming Commission concerning a key employee or a 

primary management official who is the subject of a report. Such a request shall suspend 

the 30-day period under paragraph G. 1. of this section until the Chairman of the National 

Indian Gaming Commission receives the additional information. 

3. If, within the thirty (30) day period described above, the National Indian 

Gaming 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 National Indian 

Gaming Commission, the Tribe shall reconsider the application, taking into account the 

objections itemized by the National Indian Gaming Commission. The Tribe shall make 

the final decision whether to issue a license to such applicant. 

H. ense S.usDenslon 

1. If, after the issuance of a gaming license, the Tribe receives from the 

National Indian Gaming Commission reliable information indicating that a key employee 

or a primary management official is not eligible for employment under subsection D. 

above, the Tribe shall suspend such license and shall noti@ in writing the licensee of the 

suspension and the proposed revocation. 

2. The Tribe shall notify the licensee of a-time and a place for a hearing on 

the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke or to reinstate 

a gaming license. The Tribe shall notifjl the National Indian Gaming Commission of its 

decision. 

License Locations 

The Tribe shall issue a separate license to each place, facility, or location on 

Indian lands where class I1 gaming is conducted under this ordinance. 

To the extent that they are inconsistent with this ordinance, all prior gaming 

ordinances are hereby repealed.