VIA FACSIMILE & U.S. MAIL AUG 1 7 ZQ09 

Donald Tofpi, Chairman 

Kiowa Tribe of Oklahoma 

P.O. Box 309 

Carnegie, OK 7301 5 

Fax: 580-654-2972 

RE: Amendment to the Amended and Restated Kiowa Gaming Ordinance 

Dear Chairman Tofpi: 

This letter respoilds to your request that the Chairman of the National Indian 

Gaming Commission (NIGC) review and approve the amendment to the Amended and 

Restated kowa Gaming Ordinance of 2005 (Gaming Ordinance) passed on July 21, 

2009, under Resolution CY-2009-421. The amendment changes terms of the gaming 

ordinance that affect the Gaming Commission: 

Despite the independence clause, the Business Committee may now 

review Gaming Commission decisions; 

The Gaming Commission members now have specific term limits; 

The Gaming Commissioners' terms are spelled out in detail; 

Personnel decisions now involve the Business Committee; 

The Gaming Commission no longer has a secretary as an officer and the 

treasurer's duties are expanded; 

Gaming Commission members no longer require a four-year degree; 

The Gaming Co~nmission now has a quorum of four instead of two; 

Gaming CommissEoners receive a smaller stipend for services; and 

The Gaming Commission budget is called and approved by the Business 

Committee. 

This letter constitutes approval of the amendment because nothing therein 

conflicts with the requirements of the Indian Gaming Regulatory Act (IGRA) and the 

Commission's regulations. These changes are effective upon the date that I approve them. 

1 must take this opportunity to again impress upon the Tribe the importance of 

maintaining a strong and independent gaming commission. An independent gaming 

commission ensures integrity of the gaming operation and can prevent significant 

violations of law without the need for state or federal action. Because these provisions 

restrict the autonomy and eficacy of the Tribe's gaming commission, they cause me 

NAnoHAL HEADQWARTER5 1 M1 I 51 NW. Sucte 9100 Wxh~ng~on. DC 20005 Tf1 202 632 7003 Fax 202 632 7066 W.NIGC.GOV 

REGIONAL OFFICES Porrland OR Sacram~ntn CA. Phoen~x AZ St Paill MN Tulsa OK 
restnct the autonomy and efficacy of the Tribe's gaming cammission, they cause me 

some concern. I would encourage the Business Committee to exercise these powers 

cautiously, if at all. 

/'--7 

the amendment for review and approval. If you have 

Attorney Rebecca Cllapman at (202) 632-7003. 
u~r s J/ ruu4 WJ; LO 3UUb34Zb48 PROCUREMENT PAGE 03 

Kiowa Tribe of Oklahoma 

P.O. Box 369 Camegie, OWom * 73015 

Phone: (580) 654-2300 Fax: (580) 6542188 

Kiowa Business Office 

RESOLUTION NO. CY-2009421 

RESOLUTION OF THE KIOWA BUSINESS MEETING AMENDING IN CERTAIN 

PARTICULARS THE AMENDED AND RESTATED KIOWA GAMING ORDINANCE OF 

2005, AND SUBSEQUENT AMENDMENTS THERETO, AND FOR OTHER 

PURPOSES 

WHEREAS, the Kiowa lndian tribe of Oklahoma (the Yrlbe') is a sovereign nation and 

from time immemorial has been a sovereign nafian: and 

WHEREAS, the Tribe is federally recognized by the Secretaw of the Interior of the 

United States as having powers of self government and as being eligible 

for the special programs and services provided by the United States to 

Indians, and its sovereignty is thereby recognized by the United States, all 

as evidenced by order of the Associate Commissioner of indian Affairs, 

dated March 33, 1970, approving the constitution and bylaws of the Tribe 

(the "Constitution"); and 

WHEREAS, pursuant to the Constitution and specifically pursuant to Artide V, section 

2, the Tribe has delegated to its elected representatives, the Business 

Committee (%usiness Committeeu), the responsibility and authority to take 

all necessary action to promulgate and enforce ordinances and codes to 

protect the general welfare of the Tribe and its members; and 

WHEREAS, pursuant to Ballat Issue 94-A-5, passed on the 18'" day of June, 1994, the 

Kiowa f ndian Council authorized the Kiowa Business Committee to 

develop and enact a Gaming Ordinance to authorize, license and regulate 

Class II and Class 111 gaming on Tribal Land of the Kiowa lndian Tribe of 

Oklahoma; and 

WEREAS, by Resolution No. CY-95-39 ad CY-95-40, bath dated June 28, 1995, the 

Business Committee, acting pursuant to the aforesaid delegated power, 

enacted resoFutions to approve and adopt the Kiowa Indian Tribe of 

Oklahoma Gaming Ordinance of 7995 and the Kiowa lndian Tribe of 

Oklahoma Gaming Facility Bonding Ordinance of 1995 (together, as 

amended, the "Indian Gaming Ordinance"); and 

WHEREAS, as required under Federal law, the Initial Gaming Ordinance was 

appmved by the Chairman of the National lndian Gaming Commission 

(the 'NIGC"), as indicated by that Chairman's publication of a notice of 

approval af Class Ill tribal gaming ordinances, in Volume 61, Federal 

Register, page 31 963, on Friday, June 21,1996; and 
PROCUREMENT PAGE 0d 

WEREAS, on July 21, 2001, by Resolution No. CY-2001-045, the Business 

Committee exercised Ets authority, as delegated to it by the Kiawa Indian 

Council and by the Constiutlon, to amend, in accordance with Artlcle XIV 

of the lnitial Gaming Ordinance, in certain particulars, the Initial Gaming 

Qrdlnance; and 

WHEREAS, by letter dated September 7, 2001, the NIGC granted its approval of the 

amendment to the Initial Gaming Qrdinance; and 

WHEREAS, the initial appointment af Cbrnrnissisners by the Kiowa Buslness 

Committee was made pursuant to Klowa Business Committee Resolution 

No. CY-2001-045, dated the 12* day of July, 2001, and established the 

Kiowa Gaming Commission which consists of four (4) members with tens 

. ofofficeasfollows: 

(a) Tribal Chairman; 

(b) First Commissioner whose tea Is seven (7) years and whose term 

expire on May 31,2008; 

(c) Semnd Commissioner whose term is for six (6) years and whose 

term expires on May 31,2007; and 

(d) Third Commissioner whose tems is flve (5) years and whose term 

expires May 3 1,2006; and 

WHEREAS, by Resa lution No. CY-2005-4 60, dated the 15" day af February, 2005, the 

Kiowa Business Committee approved a document entif led Amended 

Gaming Ordinance and the same was approved by NIGC. Said 

Ordinance did extend the terms of ofice of the incumbent Commissioners 

of the Kiowa Gaming Commission beyond the initial terms of appointment 

made by the Kiowa Business Committee on the 1 3m day of July, 2001 and 

by Kiawa Business Committee Resolution No, CY-2001-045, and reduced 

the number of Commissioners to three (3) thereby deleting the Tribal 

Chairman as a member of the Commission; and 

WHEREAS, by Resolution No. CY-2005-176, dated September 3, 2005, the Business 

Committee further exercised its power of amendment of the lnitial Gaming 

Ordinance, by promulgating the Amended and Restated Gaming 

Ordinance of 2005 (the "Gaming Ordinance of 2005") and maintained the 

extended terms of the Gaming Commissioner as set forth in Kiowa 

Business Committee Resolution No. CY-2001-160; and 

WHEREAS, pursuant to Federal law, on September 8, 2005, the Chairman of the 

NIGC approved the Amended and Restated Gaming Ordinance d 2005; 

and 

WHEREAS, it has come to the attention of the Kiowa Business Cornmiflee that the 

extended tems of bfflce of the incumbent Cammissioners as set forth in 
PAGE 05 

the Amended Gaming Ordinance and the Amended and Restated Gaming 

Ordinance of 2005 was entered and promulgated by the Kiowa Business 

Committee through mistake and inadvertence; and 

WEREAS, the incumbent Commissioners have not satisfied the mandatory provisions 

of Article XI, Constitution of the Kiowa Jrlbe of Indians of Oklahoma by 

taking the Oath of Omce for Commissioner of the Kiowa Gaming 

Commission for any tern of office past the dates specified on each 

respective Oath of Office as Commissioner of the Kiowa Gaming 

Commission, as set forth above, and the three (3) offices of Commissioner 

of the Kiowa Gaming Commission are declared vacant and subject to 

being filled by appointees selected by the Kiowa Business Committee in 

accordance with the Amended and Restated Kiawa Gaming Ordinance, 

taws of the Kiowa Tribe of Oklahoma, and the Constitution and By-laws of 

the Kiowa Tribe of Oklahoma; and 

WHEREAS, the Kiowa Business Committee has been advised that there no longer 

exists any nscessity for the continued existence of Paragraph 12 

(Regulations) of the Article 8, Section 1, Paragraphs g and h of the Kiowa 

Indian Tribe of Oklahoma Amended and Restated Gaming Ordinance of 

2005 wherein the Powers and Duties of the Commissioners af the Kiawa 

Gaming Commission was expanded to authorize the creation of 

Emergency Rules and Regulations and that Kiowa Business Resolution 

No. CY-2007-716, at page five (5) should be rescinded as the same 

relates lo the creation of the authority of the Kiowa Gaming Commission 20 

enact Emergency Rules and Regulations and that Paragraph 12 

(Regulations) of Article 8, Section 1, Paragraphs g and h of the Kiowa 

Indian Tribe of Oklahoma Amended and Restated Gaming Ordinance of 

2005 should be repealed. 

NOW, THEREFORE IT BE AND IT IS HEREBY RESOLVED that the Amended and 

Restated Gaming Ordinance of the Kiowa Tribe of Qklahoma be and the same is 

hereby amended to read as follows: 

Article 8. Tribal Gamlna Commlsslon 

(2) Independence. The Tribe recognizes the importance of an 

independent Gaming Commission in maintaining a well-regulated 

gaming facility. The commission shall be and act independently on 

all matters within its purview of the Gaming Commissions 

regulatory authorrty. 

(b) Membershirr and T8ms of OfCFce. The Gaming Commission shall 

consist of five (5) members: a Chairperson, Vice-Chairperson, Treasurer, 

Secretary and Commissioner. Terns of office shall be for three (3) 
PROCUREMENT PAGE 06 

years until their respective successors are duly appointed by the Kiowa 

Business Cammittee. There shall be a (2) tern Ilmltatfon that a 

Kiowa Gaming Commissioner may sew@, upon execution of this 

resolution, 

(c) Initial appointment of C~mrnls~loners. Not withstanding the 

foregoing Kiowa Gaming Commissianers who are incumbent upon 

the effective date of this resolution amending the Kiowa Indian 

Taibe of Oklahoma Amended and Restated Gaming Ordinance and 

reconstituting the Kiowa Gaming Commission shall serve 

respective offices for the following terms: Chairman, Treasurer, to 

be appointed la a term on September 1,2009 and expire on August 

31, 2012. The Vice-Chairman, Secretay and Commissioner shall 

be appointed to a term on September 1,2010 and ~xpire on August 

31, 2013. There shall be a limitation to serve no mote than two (2) 

consecutive terns. Upon completion of second consecutive term a 

commissioner cannot be reappointed for a two (2) year duration 

after completian at hisher tern. 

(e) Minimum Reauirernents. Members of the Kiowa Gaming 

Commission shall be subject fa the same background check 

requirements as key employees and primary management officials, 

and must be licensed accordingly. The minimum requirements for 

appointment as a member of the Kiowa Gaming Commission are 

as follows: 

(1) Member ofthe Kiowa Indian Tribe of Oklahoma. 

(2) Minimum of 30 years of age. 

(h) Officers. Officers of the Gaming Commission shall be the 

Chairman, Vicechairman, Secretary, Treasurer. 

(1 1 Chairman. The Chairman of the Kiowa Gaming Commission 

shall preside at all meetings of the Gaming Cornmissinn. She ar 

he shall have general supervision of the affairs of the Kiowa 

Gaming Commission and shall perfom all duties of the 

Chairman as specified. The Chairman shall designate as pro 

tempore the Vice-Chairman and thereafter the Sercretary in his 

or her absence to serve in the capacity of the Chairman. The 

Chairman upon approval of a quorum of the Gaming 

Commission in a duly called meeting shall be designated as the 

oflclal spokesperson for the Kiowa Gaming Commission. 

(2) Treasurer. The Treasurer of the Kiowa Gaming Commission 

shail be responsible far each yearly budget allowance receive 
PROCUREMENT PAGE 07 

from the Kiawa Business Committee that will be disbursed on a 

monthly basis in accordanca with the yearly approved budgetThe Treasurer shaH keep an accurate record amount of all 

receipts and disbursements from the annual budget allowance. 

The Treasurer shafl forward all proceeds from vendor fees, 

license fees, fines, liquor tax fees and any other fees that may 

derive from Kiowa Gaming Commissian. Upon completion of 

the annual budget ending on September 30, any excess funds 

will be forwarded to the Kiowa Business Committee. The 

Treasurer shall make appropriate quarterly financial reports to 

the Kiowa Business Committee. Accounts and records shall be 

opened at all times for inspection by the Kiowa Business 

Committee. All books recurds shall be subject to audit at the 

discretian of the Kiawa Business Committee. All budget funds 

entrusted ta the care of the Treasurer shall be kept in a special 

bank account authorized by resolution of the Gaming 

Commissian and all disbursements there from shall be made by 

check with the checks ts be countersigned by the Chairman of 

the Gaming Commission and in hers or his absence the ViceChairrnan and in the absence of the Treasurer shaH be signed 

by the Secretaw. In the event of an extended absence or 

inability of the Treasurer to perform his duties, and when the 

office is for either of these reasons declared by vacant, the 

secretary of the Gaming Commission shall assume the 

designated duties of the Treasurer. 

(j) Powers and Dutles. The Gaming Commission shall have 

the following powers and perform the following duties: 

(I) Ensure compliance with all applicable tribal, and 

Federal laws, ,rules and regulations regarding Indian 

Gaming; 

{Q) Order the temporary or permanent closure of a 

Gaming Operation on Kiowa Indian lands and take 

such other enfomrnent as are authorized under this 

ordinance shall be approved and concurrence of the 

Kiowa Business C~mmittee; 

(2) Internal O~eratlons. The Gaming Cornmissinn shall have 

the power and duty to: 

(A) Employ and fnc the salaries of, or contract far the 

services of, such professional, technical and operational 

personnel and consultants as deems necessary and 

including an Executive Director to operate the day to day 
PAGE BS 

administrative and regulatory functions of the Kiowa 

Gaming Cornmisslon office. 

(B)Adopt, amend, or repeal personnel policies and 

procedures governing the Kiawa Gaming Commission 

employees, with concumnce and appmval of the Kiowa 

Business Committee; 

(C)DELEf E: Establish from time to time consultant groups 

and advisoiy boards which shall have such duties and 

the members of which shall hold office for such periods 

as the Gaming Commission may determine; 

(D) (C) Adopt by-laws and regulatlsns. as necessary 

for Its internal operations, provided that such by-laws and 

regulations shall be consistent to the provisions of this 

ordinance and other applicable Tribal laws, with 

concurrence and appmval of the Kiowa Business 

Committee; 

(E) Meetings. The Commission shall hold meetings at least 

once a month at the Kiowa Gaming Commission % main 

office facility or at any other deslgnslted meeting place. 

subject to the fallowing: 

(i) Specfal meetings of the Kiowa Gaming Commission 

shall not exceed twelve (1 2) per year, by Men 

request of any four (43 Gaming Commissioners, as 

necessary to caw out the omcia1 duties of the 

Gaming Commission. Notice of special meetings 

shall be given at least twenty-four (24) hours in 

advance to the Kiowa Gaming Crornmission 

Chairman. Such meetings shall include the date, time 

and place of the proposed meetings. Kiowa Business 

Committee shall be given the same notice of any and 

all meetings of the Kiowa Gaming Commission; 

(ii) DELETE: An emergency meeting may be called by 

the Tribal Gaming Chairman ar any two 

Commissioners with less than 24-hours notice 

provided, however, that the Tribal Gaming Chairman 

(or the tw Commissioners as the case may be) shall 

use all reasonable and diligent efforts to not@ all 

Commissioners of such meetings, with as much prior 

notice as may be practicable under the 

circumstances; 
PAGE 09 

(H) Fees the Gaming Cammission shall fotward all 

payments, fees assessments, penalties 

interest, and fines collected under the authority of this 

ordinance to the Kiowa Business Committee for the sole 

use of the Kiowa Tribe of Oklahoma; 

(3) Budget. The Gaming Commission shall have established a 

budget far Kiowa Gaming Commission operations. The 

Commission shall submit established budget to the Kiowa 

Business Committee for their approval, annual budget ending 

Septamber 30; 

(A) f he Gaming Budget for any year shall be equal to twothirds of one percent of the gross gaming revenue (win) 

but in no event more than $1,000,000, If the Gaming 

Commission budget need exceeds the cap far any year 

the commission shall request approval for additional 

funds from the Kiowa Business Committee; 

(5)Any Surplus remaining in the Gaming Commission 

budget at the end of the fiscal year shall be refunded to 

the Kiowa Business Committee: 

(CSTha Gaming Commis5ion shall present its annual 

budget to the Kiowa Business Committee for its review 

and approval. In the event the Kiowa Business 

Committee fails to approve the budget, the Gaming 

Commission shall operate under the prior years annual 

budget allocation until such time as the Kiowa Business 

Committee provides its approvaf; 

(5) Reporting. 7he Kiowa Gaming Commission shall have the 

power and duty to: 

(B) File a quartedy and annual financial report with the 

Kiawa Business Committee or upon request and which 

shall include: 

(D) In addition ta the foregoing reports, upon fhar written 

request of the Kiowa Tribal Chairman, the Gaming 

Commission shall promptly and fully advise the Kiowa 

Business Committee with respect to any specific 

business and affairs of the Kiowa Gaming Commission 

and shall provide with such response, copies of all 

records, books, and documents reasonably requested, 

except for confidential documents such as licensees, 
PROCUREMENT PAGE 1B 

reparts of background checks investigations and 

suitability determinations and other records that are 

pursuant to this Ordinance and are confidential; 

(1 2) Regulations. 

(m) Quorum: votlnq The Kiowa Gaming 

Commission shall meet and decide all matters 

by majority vote of the full commission. The 

Chairperson, or the Vice-Chairperson in the 

Chaits absence, shall preside at each 

meeting. The presence of four (4) members a 

the Gaming Commission shall constitute a 

quorum for a meeting. The vote of Four (4) 

Commissioners shall constitute as a majority 

vote and shall be binding on the Gaming 

C~mmission; 

{n) Cempansatlon. The Gaming Commissioners 

shall be entitled to receive a fixed stipend as 

compensation of $300.00 per meeting (to cover 

mlleage, fuel, meals and etc.). The per 

meeting stipend shall be payable for regular 

and special meetings of the Kiowa Gaming 

Commission; 

A~fcle 9, Ethics 

The Kiowa Tribe of Oklahoma recognizes that the duties of the Kiowa Gaming 

Commission include making important decisions on highly sensitive issues. As 

such, the Tribe has determined that the Gaming Commission shall be held to 

extremely high ethical standards and shall be subject to removal far violating 

these standards. Prior to taking their positions as Gaming Commissioners and 

as the Executive Director of the KIowa Gaming Commission (collectively, the 

"Camrnissioners), the Commissioners shall agree to be bound by the following 

principles: 

If) Members shall act impartially, in accordance 

with all relevant fedesal and tribal laws (where 

applicable), and shall not give preferential 

treatment to any private organization or 

individual, including to any immediate family 

member. 

Article 32. Amendments 
PROCUREMENT PAGE 11 

Ail provisions of this ordinance are subject to amendment by the Kiowa Business 

Committee and all amendments of this ordinance shall be effective upon 

execution af a resolution of the Kiowa Business Committee. All amendments will 

be forwarded by the Kiowa Business Committee to the National lndian Gaming 

Commission for approval. 

AND BE IT FURTHER RESOLVED, that Kiowa Business Committee Resolution No. 

CY-2007-77 6, at page five (5) thereof, is rescinded only to those provisions granting the 

Commissioners of the Kiowa Gaming Commission, the power and authority to create 

Emergency Rules and Regulations and Paragraph 12 (Regulations) of Article 8, Section 

1, Paragraphs g and h, Kiowa lndian Trjbe of Oklahoma Amended and Restated 

Gaming Ordinance of 2005, creating the authority of the Kiowa Gaming Cummission to 

enact Emergency Rules and Regulatlons is hereby repealed; 

AND BE IT FURTHER RESOLVED, that as herein amended, the Amended and 

Restated Gaming Qrdinancs is hereby ratified and confirmed; 

AND BE If FURTHER RESOLVED, that to the extent that any ordinance, regulation, 

policy or practice of the Kiowa Tribe is incunsistent with this Resolution hereby enacted, 

such ordinance, regulation, policy or practice is hereby superseded and repealed; 

AND BE IT FURTHER RESOLVED, that the Tribal Chairman and the Tribal Secretary 

be and they are hereby authorized and directed to submit this Resolution together with 

the Gaming Ordinance to the National lndian Gaming Commission for approval as 

required by and pursuant to Title 25 Code of Federal Regulations, Sectjon 522.1- 

522.12 inclusive and to the Assistant Secmtaty for Indian Affairs or his authorized 

representative, pursuant to Article V, Subsection 2(g) of the Tribal Constitution; 

AND BE IT FURTHER RESOLVE, that the foregoing becomes effective on the date on 

which it is approved by NlGC Chairman pursuant to thase regulations and by Assistant 

Secretary for lndian Affairs or his authorized representative, pursuant to Article V, 

Subsection 2(9) of the Tribal Constitution ("effective date"); 

AND BE It FURTHER RESOLVED, that promptly foHowing the effective date the Tribal 

Business Committee be and hereby authorized and directed to make the appointments 

to the Gaming Commission pursuant to the Gaming Ordinance as hereby amended; 

AND BE IT FURTHER RESOLVED, that any part af these resolutions be found by a 

court of competent jurisdiction to be inconsistent wlth the Tribal Constitution then only 

that part found to be so Inconsistent shall be void an of na effect (but only to the extent 

of such inconsistency), and all ather parts of this Resolution shall remain in full force 

and effect. 
--, - -t --V- VJ. &a 3aUD3rLb4ti PROCUREMENT PAGE 12 

&W~*~*I~WI*H.~+,**+**~**~Y*MH**W**~~-***~~H~-~~ 

CERTIFICATION 

The foregoing Resolution No. CY-2009-421 was duly adopted at a Special Kiowa 

Business Committee meeting, held on July 21, 2009, at the Kiowa Tn'bal Complex, 

located in Carnegie, Oklahoma, with majority vote of ( 6 ) for, [ 0 ) against and [ 0 ) 

abstentions, a quorum being present. 

ATTEST: WmNESS: 

\ 

Sharon Pana, Trlbal Secretary Dr. Ted ~onewgf, Vice-Chalrman