JUL 24 

Jeffrey D. Parker, President 

Bay Mills Indian Community Executive Council 

Rural Route No. 1 

Brimley, Michigan 49715 

Dear President Parker: 

This letter is in response to Kathryn Tierneyls request to 

review and approve the amendment to the tribal gaming commission 

rules 2 and 6 of the Bay Mills Indian Community (Tribe). The 

amendments to the rules were adopted by the Tribe on June 19, 

1997. 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 NIGC Chairman is directed to review 

amendments to ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the 

NIGC Chairman's review and approval is limited to the 

requirements of the IGRA and NIGC regulations. Pursuant to the 

authority delegated to me in Part I1 Chapter 1 Section 2 of the 

NIGC Policies and Procedures Manual (1997), I hereby approve the 

Tribe's ordinance amendment. 

Thank you for submitting the amendments to the tribal gaming 

ordinance of the Bay Mills Indian Community. The NIGC staff and 

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

implementing the IGRA. 

Sincerely yours, 

Tom Foley 

vice-chairman I 

cc: Kathryn L. Tierney 

Tribal Attorney 

Bay Mills Indian Community 

Box 313 Lake Shore Drive 

Brimley, Michigan 49715 

- 1441 L STREET. N.W. 9TH FLOOR WASHINGTON. D.C. 20005 EL.: 202-632-7003 FAX: 202-632-7066 
BAY MILLS INDIAN COMMUNITY 

GAMING COMMISSION RULES 

RULE 2: BACKGROUND INVESTIGA TIONS 

(a) Criminal History Checks. The Bay Mills Indian 

Community Tribal Law Enforcement Department shall take 

fingerprints of all persons seeking employment from an 

Operator as a key employee (as such is defined in Sec. 

2.30 of the Tribe's Gaming Ordinance) and any person who 

desires to serve as a primary management official (defined 

in Sec. 2.40 of the Ordinance). The fingerprints shall be 

immediately transmitted to the National Indian Gaming 

Commission (NIGC) for the purpose of obtaining the 

person's criminal history record information (CHRI) . Dissemination of information resulting from the CHRI shall 

be subject to the Memorandum of Understanding with NIGC 

and the Bay Mills Indian Community. 

(b) Criminal History Prohibiting License Issuance. No 

license shall be issued by the Commission for any person 

who : 

(1) Has been convicted of or entered a plea of guilty 

to a gambling-related offense, fraud, or 

misrepresentation; or 

(2) Has been convicted of or entered a plea of guilty 

or no contest to any other offense (not specified in 

subsec. (I), above) within the immediately preceding 

five (5) years, unless such person: 

(i) has been pardoned by the Governor of the 

State in which the conviction occurred, or 

(ii) is a member of the Bay Mills Indian 

Community and has been determined by the 

Commission to be a person who is not likely to 

again engage in any offensive or criminal course 

of conduct and that the public good does not 

require that the license be denied. 

(3) As used in subsec. (1) , "fraud or 

misrepresentation" means a criminal offense committed 

in Michigan or any other jurisdiction which involves 

theft, fraud or misrepresentation, which is a felony, 

or would be a felony if committed in Michigan, and 

which was committed by an adult or prosecute as an 

adult offense, and which has not been effectively 

Amended 6-19-97 
removed from the person's criminal record by executive 

pardon, state court order, or operation of law. 

(4) As used in subsec. (2), above, "offense" means a 

crime under the provisions of the Michigan Penal Code, 

Act. No. 328 of the Public Acts of 1931, as amended, 

being MCL 750.1 to 750.568, or the controlled 

substance provisions of the Public Health Code, Act 

No. 368 of the Public Acts of 1978, as amended, being 

MCL 333.7101 to 333.7545, or, if committed in another 

jurisdiction, would be a violation of any of the above 

provisions of Michigan law, and which was committed by 

an adult or prosecuted as an adult offense, and which 

has not been effectively removed from the person's 

criminal record by executive pardon, state court 

order, or operation of law. 

(c) Background Investigation. Upon receipt of an 

application for employment by a licensed Operator as a key 

employee or primary management official, the Operator 

shall immediately transmit the completed application to 

the Commission for its review. The employment application 

form shall be the basis for conducting the background 

investigation required by federal regulation and tribal 

law, and shall include all information specified in Sec. 

6.2 of the Tribe's Gaming Ordinance. Utilization of the 

employment form ( s) approved by the Commission is presumed 

to comply with this Rule and the Tribal Ordinance. 

The Commission shall review the prospective employee's 

employment history and personal background to determine if 

the person is eligible for a license. In making such 

determination, the Commission shall: 

(1) verify the accuracy and completeness of the 

person's employment history and personal background, 

through the contact by appropriate means of present 

and former employers, business partners, customers, 

and such other persons or entities as are appropriate; 

(2) ascertain the existence of any adverse action by 

any gaming licensing authority on a license previously 

or currently issued to the person; 

(3) prepare a written report concerning the results of 

the background investigation, which includes: 

(i) steps taken in conducting the background 

investigation; 

(ii) results obtained; 

Amended 6-19-97 

-2- 
(iii) conclusions reached; and 

(iv) basis for those conclusions. 

(d) Status of Person Pending Results of Background and 

CHRI Investigation; Temporary License. The Commission 

may, but is not required, to issue a temporary license 

under Sec. 6 of the Tribe1 s Gaming Ordinance, subject to 

the completion of the Criminal History Record Information 

and the background investigations. No temporary license 

shall be issued for a period of more than 90 days. 

(e) Transmittal of Background Report to NIGC. Prior to 

issuing a license to any prospective key employee or 

primary management official, the Commission shall transmit 

to NIGC its background investigation report. A license 

under sec. 6.4 shall be issued by the Commission to such 

person 14 days after receipt by NIGC of the report, unless 

the Commission is advised by NIGC that said person should 

not be licensed. In such event, the Commission shall 

review the status of the license and determine whether the 

best interests of the Tribe and the public will be served 

and protected if such person is licensed. 

(f) Investigation of Persons Doing Gaming-Related 

Business with the Bay Mills Indian Community. The 

procedures of this Rule shall apply to any person, 

partnership, association, and stock and non-stock 

corporation with whom the Tribe is, or is contemplating, 

engaging in: 

(1) purchasing gaming equipment or supplies; 

(2) management of gaming activities for the Tribe or 

an Operator licensed by the Commission; or 

(3) provision of funds to the Tribe for its conduct of 

gaming-related activities. 

The applicant for a vendor's license is responsible for 

payment of any cost incurred by the Commission in carrying 

out the investisation remired bv this Rule. All such 

costs shall be %ayable, Zn addit-ion to the license fee 

established by Game Rule 5, prior to the issuance of a 

vendor license. 

(g) Background Procedures and Costs for Canadian License 

Applicants. In addition to the criminal history check 

procedures of this Rule, any person who has resided in 

Canada within the last 10 years and seeking a gaming 

license shall have fingerprints taken by the Royal 

Canadian Mounted Police and a criminal history check 

Amended 6-19-97 
conducted by that agency. The costs of such background 

check will be assessed against the applicant, payable upon 

such terms as the Commission shall direct. 

CERTIFICATION 

This is to certify that the above Gaming Commission Rule No. 2, as amended, 

has been passed and approved at a meeting of the Bay Mills Executive Council held 

at Bay Mills, Michigan on the 19th day of June, 1997, with a vote of 4 for, 0 

opposed, 1 abstaining, and 0 absent. The Tribal President must abstain except in 

the event of a tie. 

Amended 6-19-97 

-4- 
BAY MILLS INDIAN COMMUNITY 

GAMING COMMISSION RULES 

RULE 6: WAIVER BY TRIBE OF EMPL 0 YMENT REQUIREMENT 

(a) Authority of Executive Council. The Executive 

Council of the Bay Mills Indian Community shall have the 

sole authority to determine, upon request by a member of 

the Bay Mills Indian Community, that: 

(1) the existence of a criminal record within five 

(5) years of application for employment by said 

member for an offense subject to section 4 (D) (3) of 

the Compact with the State of Michigan should not 

preclude employment; and 

(2) said member is not likely again to engage in any 

offensive or criminal course of conduct; and 

(3) the public good does not require that the 

applicant member be denied employment as a "primary 

management official", "key employee", or staff of the 

Gaming Commission. 

(b) Notification of Waiver. The Executive Council shall 

advise the Gaming Commission in writing of its 

determination that a member applicant has, or has not, 

received waiver of the specific, known criminal offense, 

required for employment. Such notice shall be placed in 

the applicant's license file. 

(c) Effect of Waiver. No member applicant for a gaming 

license as a "primary management official" or "key 

employee" shall be refused a license by the Gaming 

Commission, nor shall a member applicant for employment as 

staff of the Gaming Commission be refused such employment, 

due to a criminal record for an offense listed in section 

4(D) (3) of the Compact with the State of Michigan if a 

waiver has been issued by the Executive Council and is 

filed with the Gaming Commission for licenses and the 

Personnel Department for Commission staff positions. 

Amended 6-19-97 
CERTIFICATION 

This is to certify that the above Gaming Commission Rule No. 6, as amended, 

has been passed and approved at a meeting of the Bay Mills Executive Council held 

at Bay Mills, Michigan on the 19th day of June, 1997, with a vote of 4 for, 0 

opposed, I abstaining, and 0 absent. The Tribal President must abstain except in 

the event of a tie. 

Amended 6-19-97