RESOLUTION OF THE GENERAL COUNCIL

OF

THE TWENTY-NINE PALMS BAND OF MISSION INDIANS

AMENDMENT TO THE GAMING ORDINANCE

RESOLUTION NO. 050203A

RECITALS

WHEREAS, the Twenty-Nine Palms Band of Mission Indians (Tribe) is a federallyrecognized Indian tribe invested with powers of sovereign self-government;

WHEREAS, operation of class II and class HI games of chance by the Tribe upon its

reservation lands is a valid and legal means of promoting tribal economic development,

economic self-sufficiency and the general health and welfare of the tribal members;

WHEREAS, that under the principles established by the United States Supreme Court in

California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987), Indian tribes have the right

to offer and regulate gaming activity on Indian lands;

WHEREAS, the United States Congress, in response to the Cabazon decision, enacted

Public Law 100- 497 (25 U.S.C. § 2701 et seq.), commonly known as the Indian Gaming

Regulatory Act (IGRA) authorizing certain types of class II and class III gaming activities by

federally-recognized Indian tribes on lands within the jurisdiction of the Tribe;

WHEREAS, that the Tribe has entered into a class III Gaming Compact with the State

of California (Compact) which Compact has been duly authorized by the United States

Department of the Interior and which authorizes the Tribe to engage in class III gaming activities

pursuant to federal law on its reservation lands in accordance with the provisions of the Compact

and IGRA;

WHEREAS, the tribal regulation of gaming activity on its reservation lands is vital to the

protection of the lands and the interests of the Tribe and its members;

WHEREAS, the Tribe duly enacted a tribal gaming activity ordinance to enable it to

regulate gaming activities on its lands in I 994,which ordinance was duly approved by the

National Indian Gaming Commission as required by IGRA, and which ordinance established a

tribal gaming commission known as the Twenty-Nine Palms Gaming Commission
(Commission)

WHEREAS, the General Council of the Tribe is the duly-authorized governing body of

the Tribe and is empowered by the articles of association of the Tribe and tribal law to enact this

amendment to its approved tribal gaming activity ordinance, and

WHEREAS, to best promote and assure the continued integrity of the gaming activities

upon its reservation lands as required by IGRA and the Compact, and to ensure a minimum of

potential interference between the Tribe and the Commission, the Tribe takes the actions

described below to amend the constitution of the membership for its Commission, to amend

requirements for individual gaming commissioners, and to amend and clarify the qualifications

of commissioners and their responsibilities.

ACCORDINGLY, the Tribe hereby adopts the following amendment to its tribal

gaming ordinance and authorizes the tribal Chairman or his designee to submit such amendment

to the National Indian Gaming Commission for review:

Re-Establishment and Constitution Of Commission

The purpose of this Chapter is to establish a formal Twenty-Nine Palms Gaming Commission, to

define the role of the Tribal Gaming Commissioners, and to authorize the Commission to

regulate Tribal gaming in accordance with the Indian Gaming and Regulatory Act (IGRA) and

policies and procedures of the National Indian Gaming Commission (NIGC) and the Tribal-State

Class III Gaming Compact between the Tribe and the State of California, as well as addressing

state and local concerns, establishing powers and duties of the Commissioners, and the ability of

Tribal Gaming Commissioners to function as an independent, regulatory oversight entity, with

appropriate resources committed, so that the Commission is able to perform an independent

regulatory function of all gaming operations within the jurisdiction of the reservation property of

the Twenty-Nine Palms Band of Mission Indians.

Accordingly, there is hereby authorized and created the Twenty-Nine Palms Band of Mission

Indians Tribal Gaming Commission (hereinafter Tribal Commission or Tribal Gaming Agency

as defined in Section 2.20 of the Compact).The Tribal Commission shall consist of no less than

three (3) nor more than five (5) members, designated as described below.

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The Tribe, in its sole discretion, and for the purpose of providing a mechanism for

communication between the Tribe and the Commission, may designate an additional ex officio

non-voting member of the Commission with such ex officio member being an enrolled member

of the Tribe and a duly authorized member of the General Council. Such ex officio member

duties shall be to participate at Commission meetings, represent the Tribe in external inter-tribal

gaming regulatory matters and serve as a liaison between the General Council and the

Commission.

All Commission members shall devote such time and attention to their duties as is necessary to

completely fulfill their responsibilities. No Commissioner shall serve on a full-time basis. All

members shall be appointed by the General Council which shall also set their terms of

compensation which, as of the date of adoption of this amendment, shall be a per diem stipend

in the amount of $500 per day plus reimbursement for reasonable expenses related to attending

Commission meetings such as lodging, transportation and food. The Tribe may, in its sole

discretion, also authorize the per diem payment and expense reimbursement to any

Commissioner who, as requested by the Tribe, represents the Tribe in his or her official capacity

at meetings with federal andlor state andlor inter-tribal gaming regulatory functions. Prior to

appointment, the Tribe shall conduct an investigation of the backgrounds and personal histories

of candidates for positions on the Tribal Commission in order to insure that no person may serve

on the Tribal Commission unless they meet the licensing standards otherwise applicable to

applicants for a Tribal gaming license. Vacancies shall be filled, on an interim or permanent

basis, by appointment of the General Council. No member of the Tribal Commission may:

Be employed in the operation of Class II or III gaming.

Participate in any gaming activity offered by the Tribe in its gaming facilities.

Solicit or accept employment from any person or entity licensed by the Tribal

Commission either during a members term or for a period of one (1) year

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thereafter, provided, however, that this restriction shall not apply to persons or

entities licensed to provide non-gaming goods or services.

During the members term, own any securities of, or any ownership interest

whatsoever in, any entity licensed by the Tribal Commission, provided, however,

that this restriction shall not apply to publicly held corporations if the ownership

therein is less than 5%.

Qualifications and Duties

Notwithstanding the above general description of the qualifications for Commissioners,

The Twenty-Nine Palms Gaming Commission shall consist of three voting

members. The Commissioners shall be part-time personnel, consisting of

professional or retired members of the community at large, nominated and

confirmed by the Twenty-Nine Palms Band of Mission Indians Tribal Council.

The Commissioners are to be completely independent of the Twenty-Nine Palms

Band of Mission Indians, the Tribal Administration, and the Trump 29 Casino

Operations management. To insure the integrity of the gaming operation as well

as insulate the Twenty-Nine Palms Band of Mission Indians from the appearance

of any conflict of interest, or the appearance of impropriety of any kind with the

Commission function, no employee of the Twenty-Nine Palms Band of Mission

Indians, nor, except for the ex officio capacity described above, no member of

the General Council will be permitted to serve as a Twenty-Nine Palms Gaming

Commissioner.

The Tribal Commission shall have primary responsibility for the on-site

regulation, control and security of the Class II and, if approved in the future, Class III

gaming facilities and operations. The responsibilities of the Tribal Commission

shall include:

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- The physical safety of patrons in the gaming facilities and operation.

- The physical safety of personnel employed by the gaming facilities and

operation.

- The physical safeguarding of assets transported to and from the gaming facilities

and cashiers cage department.

-

Protecting the gaming facilities and operation from illegal activity.

-

Identifying all people and entities that may be involved in illegal activity for the

purpose of notifying the State and when appropriate, the federal law enforcement

authorities.

- The recording of all unusual occurrences within the gaming facilities and

operation. Without regard to significance or injury, each occurrence shall be

assigned a sequential number and, at a minimum, the following information shall

be recorded in indelible ink in a bound notebook from which pages cannot be

removed and each side of each page is sequentially numbered:

the assigned number;

the date;

the time;

the nature of the incident;

the person or entities involved in the incident;

the security or Tribal Gaming Commission employees assigned.

The Tribal Commission shall employ duly qualified Inspectors who shall be Independent

of the gaming premises and operation as well as the management company, and shall be

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supervised by and be accountable to the Tribal Commission. These Inspectors shall

provide oversight to the services of any management company and any other service

entities. These Inspectors shall report to the Tribal Commission regarding the failure by

the Tribal gaming premises or operation to comply with any provisions of this Ordinance

or any future Compact, or with any applicable laws, ordinances, or regulations. Inspectors

shall receive consumer complaints within the gaming premises and operation, and shall

assist in seeking voluntary resolution of such complaints. The Tribal Commission shall

investigate any report of a failure to comply with any provisions of this Ordinance or any

future Compact, or with any other applicable laws, ordinances, or regulations. The Tribal

Commission may direct the terms and conditions of compliance to the Tribal gaming

premises and operation. As a condition of employment, Inspectors shall be required to

satisfy the standards applicable to a Tribal license. The terms of compensation of the

Inspectors shall be established by the Tribal Commission.

The Tribal Commission shall be present in the gaming premises and operation during all

hours of operations through a Commission Inspector, and shall have immediate access to all

areas of the gaming premises and operation for the purpose of ensuring compliance with the

provisions of this Ordinance and any future Compact, as well as any other applicable laws,

ordinances or regulations,. Any violation of the aforementioned Ordinance, future Compact, or

other applicable law, ordinance or regulation by the Tribal gaming premises or operation,

gaming employee, or any other person, shall be reported immediately to the Tribal

Commission.

The Tribal Commission shall investigate any reported violation of this Ordinance or any

future Compact. And shall require the Tribal gaming operation to correct the violation upon

such terms and conditions as directed by the Tribal Commission. The Tribal Commission is

empowered to impose fines and any other sanctions against licensee, employee, or any other

person or entity directly or indirectly involved in or benefitting from the gaming premises or

operation. The procedures for the imposition of such fines and sanctions shall be established by

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the Tribal Commission.

Upon completion, the Tribal Commission shall maintain a file containing

copies of all investigation reports and final dispositions.

The Tribal Commission shall conduct all licensing duties imposed upon the Tribe

pursuant to the provisions of this Ordinance. In pursuance of such responsibilities, the Tribal

Commission may retain qualified personnel to conduct the required background investigations

consistent with this Ordinance and the terms of any applicable Tribal-State Compact. After the

completion of such background investigations, the Tribal Commission shall evaluate the

licensees eligibility as key employees and primary management officials according to the

requirements at least as stringent as those in the regulations of the National Indian Gaming

Commission at 25 C.F.R Parts 556 and 558.

In addition, the Commissioners shall, among other things:

1. Cause to be prepared, casino regulations for the conduct of gaming including

regulations for internal controls, slot and table play and coordinate the preparation of

those regulations with the Management Company.

2. Recommend for adoption procedures for the licensing of vendors and employees and

review the investigation of said applicants for final approval, renewal, revocation or

suspension of such licenses, thus insuring that all applicants for key employees and all

principal management employees are investigated as required by the Indian Gaming

Regulatory Act and the Compact.

3. Recommend for adoption, Personnel Policies and Procedures, and insure the

Executive Director is administering those policies and procedures and revisions when

necessary.

4. Recommend the implementation of training for staff development training programs.

5. Prepare for and recommend for adoption, administrative procedures and policies and

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revisions when necessary.

6. Conduct hearings in accordance with the established hearing procedures.

7. Provide direction and support to Commission Supervisors and employees.

8. Act as liaison between the Commission, the Tribal Council, the Management

Company and the National Indian Gaming Commission, the Association created by

Section 2.2 of the Compact, the California Gambling Control Commission and the

California Division of Gambling Control in the Department of Justice.

9. Insure compliance with Tribal Ordinances.

10. Cause to be prepared periodic reports to the Tribal Council concerning the operation

of the Casino.

11. Insure that the gaming offered to the public is fair.

Commissioners shall attend monthly meetings of the Commission and such other

meetings as may be scheduled either by request of the Executive Director or Chairman. Every

effort will be made to schedule meetings at a time convenient to all Commissioners.

The Commissioners shall vote on the adoption of all regulations, procedures and policies

of the Commission.

The Commissioners shall be on call to respond, if necessary, to any emergent situation

which is brought to their attention by the Executive Director.

The Commissioners shall participate as hearing officers in hearings relating to the

licensure of vendors and employees of the gaming industry.

Commission Structure

The Commission shall nominate and elect a Commission Chairman from within their

eligible members, who shall act as the Director, charged with leading Commission meetings.

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The Chairman shall have the same authority as all other Commissioners, however, shall serve

the Commission as a leader and coordinator of Commission function, insuring effective

scheduling, and assisting the Commission as determined required. The Commission meetings

and hearings shall be conducted in a semi-formal method, with traditional parliamentary style

rules (such as Roberts Rule of Order) governing all meetings and proceedings. The

Commission shall have direct oversight responsibility of the gaming operation, the surveillance

function, the internal audit function, the inspector function and the licensing and investigative

functions of casino and gaming operations.

Term

A Commissioner shall serve a two-year term. The individual terms shall be staggered.

Two of the initial Commissioners shall be designated as having initially only a one year term,

in order to accomplish the staggered term process. The initial Commissioners nominated and

confirmed by the Tribal Council shall maintain a two year initial term with the subsequent two

Commissioners serving a one year initial term in order to accomplish the staggered term

scheme. Thereafter, all Commissioners shall serve a two-year term. Commissioners shall serve

a maximum of five terms. A Commission Chairman shall serve as Chairman for a one-year

period, as nominated, voted and elected by the Commission members. The term shall be for

calendar years, beginning on January ~ of each year. Any portion of a year served by a

Commissioner shall be considered a calendar year for the purpose of a Commissioners term.

Support Personnel

The Executive Director of the Gaming Commission shall designate a representative to be

present at all official Commission meetings and functions to assist the Commission with

secretarial, administrative, and support necessities. This representative or assistant shall report

to the Commission Chairman as needed, and shall provide service as required, including

recording and typing of minutes. The Commission and any Commissioner shall be furnished

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legal assistance, obtained through the Executive Director as deemed necessary.

Licensing

The Commission shall have the responsibility to oversee and approve all licensing

functions of the operation, and shall direct and approve all internal licensing in preparation for

NIGC consideration. The Background and Investigations Unit shall conduct all investigations

and application processes required for the licensing process, and compile the applications with

staff recommendation from the Background Manager. The Commission shall have the power to

issue, suspend, renew, and revoke licenses, establishing procedures for due process in license

hearings, and shall sit in consideration of appeal involving revocation proceedings. The

Commission shall direct the development of policies and procedures for the notification and

administration of license processes, including application and revocation procedures. The

Commission shall oversee all management contracts, background investigations, and vendor

investigations involving casino gaming operations. The Commission shall have the final

determination regarding the suitability of potential licensees, making such determinations

according to policies established by the Commission in accordance with rules and regulations

established and maintained by the Twenty-Nine Palms Tribal Council.

CERTIFICATION

I, the undersigned Secretary of the Twenty-Nine Palms Band of Mission Indians General

Council certify that Resolution No. 050203A was adopted at a duly-noticed and conducted

meeting of the General Council on April 25, 2003 and thereafter duly ratified on May 2, 2003

at which a quorum was present by a vote of 6 for j~. against and 0 abstaining.

Dineen Mike, ecretary

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