APR 5 6 2Ci0 

Harvey Ropkins, Chairman 

Dry Creek Rancheria Band of Porno Indians 

P.O. Box 607 

Geyserville, CA 95441 

Re: Dry Creek Rmcheria Band of Pomo Indians Tribal gaming ordinance, Resolution 

10-03-24-Gaming Ordinance-001 

Dear Chairman Hopkins: 

This is in response to your request for review and approval of an amendment to 

the Dry Creek Rancheria Band of Pomo Indians Tribal gaming ordinance enacted by 

Resolution No. 10-02-24-Gaming Ordinance001 on March 24,2010. The amendment 

changes the requirements for appointment to the gaming commission and updates the 

Privacy Act and false statement notices in license applications. The changes are 

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

agency" regulations and are therefore approved. 

Thank you for submitting the amended ordinance for review and approval. The 

NIGC staff Ioaks forward to working with you md the Tribe on future gaming issues. If 

you have any questions or require assistance, please contact Dodnda Strmiska, Staff 

Attorney, at (202) 632-7003 

Sincerely, 

~eow Sldbine 

Acting Chairman 

NATIONAL HE4DQUARl'E 1441 L St. NW, Suite 9100, Washington, DC 20005 TP]' 202.632.7003 Fa 202.632 7066 W.NiCC.GOV 

RECIOHALOFFICES Portland. OR. Sacramento, CA, Phoen~x, AZ; St Paul, MN:Tulsa. OK 
BOARD OF DIRECTORS NSOLUTION 

APPROVING ORDINANCE NO. 97-08-04, AS AMENDED, 

AN ORDINANCE OF THE DRY CREEK RANCRERIA BAND OF POMO INDIANS 

AUTHORIZING AND REGULATING GAMING 

RESOLUTION No. 10-03-24-Gaming Ordinance-002 

WHEREAS, the Dry Creek Rancheria Band of Pomo Indians ("Tribe") is a federaIIy recognized 

Indian tribe organized under Articles of Association adopted on September 13, 

1972, approved by the Deputy Assistant Secretary of the Interior on April 16, 

1973, and amended effective September 22, 1979, by virtue of the powers inherent 

in tribal sovereignty and those delegated by the United States of America; arid 

WHEREAS, pursuant to Article IV of the Articles, all powers and responsibilities of the Tribe 

are vested in the Tribal Council, which may delegate powers to the Tribal Board of 

Directors ('hB~ard"); and 

WHEREAS, pursuant to Article VII of the Articles, the Board shall take such actions as are 

necessary to carry into effect the ordinances, resolutions, or other directions of the 

Tribal Council and represent the community in all negotiations with local, state, 

and federal governments; and 

WHEREAS, on March 20, 2010, at a duly caIled meeting of the Tribal Council, the Tribal 

Council on motion duly made, seconded and adopted, directed the Board to submit 

certain amendments to Ordinance No. 97-08-04, an Ordinance of the Dry Creek 

Rancheria Band of Pomo Indians Authorizing and Regulating Gaming, to the 

National Indian Gming Commission, ("NIGC"), as set forth in Exhibit A hereto, 

for approval in accordance with the Indian Gaming Regulatory Act; and 

WHEREAS, in accordance with the powers delegated to the Board and the directions of the 

Tribal Council, the Board has reviewed the amendments, and such other technical 

changes, such as to the definition of "Net Win" and the Privacy Notice, as are now 

required in order to obtain approval, and has determined that it is accordance with 

such Tribal Council directions and technical requirements: 

Mailing Address: P.0 BOX 607, Geyserville, CA 95441 

Office Address: 3250 Highway 128 East, Geyserville, CA 95441 

PhonelFax: 707-735-2000 
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby approves Ordinance No. 

97-08-04 as amended and attached hereto as Exhibit A and directs the Tribal Chairman to submit 

it to the National Indian Gaming Commission to secure approval in accordance with the Indian 

Gaming Regulatory Act. 

CERTIFICATION 

The foregoing Resolution was presented at a Special Meeting of the Board of Directors held on 

March 24,20 10, with a quorum present, and approved by a vote of -5- "for," 0- "against," and 

- 0- "abstentions," and such Resolution has not been rescinded or amended in any way. 

Date 

Chairman, 

';S/w//o 

Date 

Vice Chairman 
EXHIBIT A 

ORDINANCE NO. 97-08-04 

As Amended March 20,2010 and Approved by the Chairman of the National Indian 

Gaming Commission on 

AN ORDINANCE OF THE DRY CREEK RANCHERIA BAND OF POMO INDIANS 

AUTHORIZING AND REGULATING GAMING 

The Dry Creek Rancheria Band of Porno Indians, a federally recognized Indian Tribe 

("Tribe"), md acting through its Tribal Council in the exercise of its inherent sovereign power to 

enact ordinances and otherwise safeguard and provide for the health, safety and welfare of the 

members of the Tribe, hereby enacts this ordinance pursuant to the Indian Gaming Regulatory 

Act, 25 U.S.C. $2701 et seq. (':IGRA"), as a restatement and amendment to the gaming 

ordinance in effect prior to its effective date, following which this restated and amended 

ordinance shall be cited as the Dry Creek Gaming Ordinance of 1996 rOrdinance3). 

Section I. Findings and Policy. 

a. This Ordinance is adopted by the Tribal Council, pursuant to its authority granted 

under the Tribe's Articles of Association, for the purpose of establishing the terms for gaming an 

the Tribe's Indian Lands (as defined herein) for Tribal governmental and charitable purposes and 

to develop, operate, and regulate such gaming, consistent with the findings herein and in 

conformity with IGRA and any regulations promulgated thereunder. 

b. The Tribe finds that: 

1. Gaming on the Tribe's Indian Lands is a valuable means of generating revenues that 

are needed for economic development, to promote tribal self-sufficiency, employment, job 

training, and a strong tribal government, and to fund and ensure essential social programs and 

services; 

2. The Tribe desires to conduct certain forms of gaming to provide needed revenues to 

the Tribe, and to regulate and controI such gaming in a manner that will protect the environment, 

the Tribe's Indian Lands, the health, security and general welfare of the Tribe, the players, and 

the community; and 

3. The Tribe desires to own all gaming on its Indian Lands and to manage and regulate 

such gaming in a manner that will adequately address such special interests and needs of the 

Tribe. 

ORDINANCE NO. 97-08-04 

As Amended March 20,2010 
Section 2. Ownership of Gaming. 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of 

any gaming operation facilities and/or enterprise(s) authorized by this Ordinance. 

Section 3. Definitions. 

Unless specified otherwise, the terms used herein shall have the same meaning as in 

IGRA, including but not limited to references to "Net Revenues," ""Class I," "Class 11,'' and 

"Class IIX" gaming, and except for references to "Commissioners,'' "Conlmission," and "Gaming 

Commission," which shall mean the Dry Creek Gaming Commission or its Commissioners, as 

established and described herein. 

a. "Articles of Association" shall mean the Tribe's constitutional governing 

document, including any successor thereto. 

b. "Closely Associated Independent Contractor" shall mean any contractor that 

shares common ownership, officers or directors with any management principal or person related 

thereto. 

c. "Gaming Activities" shall mean any Class I, Class 11, or Class 111 gaming activity 

conducted by or under the jurisdiction of the Tribe. 

d, "Gaming Commission" shall mean the Dry Creek Gaming Commission, as 

established herein to monitor Gaming Activities, investigate wrongdoing, conduct background 

investigations, issue licenses, and perform other duties as required for the regulation of gaming 

on the Tribe's Indian Lands. 

e. "Gaming Contractor" shall mean any person or entity that suppIies gaming 

devices or other gaming equipment, personneI, or services (including gaming management or 

consulting services) to any Gaming Activity or Gaming Enterprise. 

f. "Gaming Enterprise" shall mean any gaming business, event, enterprise or 

activity conducted by or under the jurisdiction of the Tribe. 

g- "'Indian Lands" shalI mean all lands that are consistent with the definition of 

Indian Lands under IGRA. 

h. "Key Employee" shall mean a person who performs one or more of the following 

functions: bingo cdIer, counting room supervisor, chief of security, custodian of gaming supplies 

ORDINANCE NO. 97-08-04 

As Amended March 20,2Q 10 
or cash, floor manager, pit boss, dealer, croupier, approver of credit, or custodian of gaming 

devices including those persons with access to cash and accounting records within such devices. 

If not otherwise included, any other person whose total cash compensation is in excess of 

$50,000 per year, and the four (4) most higJdy compensated persons in the Gaming Enterprise 

are included in the definition of key employee. At the discretion of the Gaming Commission, 

other positions or persons may be included under and subject to the requirements for key 

employees. 

1. "National Indian Gaming Commission'' ('WTGC'") shall mean the commission 

established under IGRA. 

j. "Net Revenues" shall mean gross gaming revenues from all Gaming Activities of 

a Gaming Enterprise, less amounts paid out as, or paid for, prizes and Iess total gaming-related 

operating expenses, including all those expenses of the gaming operation commonly known as 

operating expenses and nonoperating expenses consistent with professional accounting 

pronouncements, excluding management fees. 

k. "Person" shall mean any natural person or entity, including but not limited to 

corporations, partnerships and trusts. 

1. "Primary Management Official" sha1I mean the person who has management 

responsibility for a management contract; any person who has authority to hire and fire 

employees or to set up working policy for the Gaming Enterprise; or the chief financial officer or 

other person who has financial management responsibility. At the discretion of the Gaming 

Commission, other positions or persons may be included under and subject to the requirements 

for Primary Management Officials. 

m. "Related to" shaIl refer to persons who are related as a father, mother, sister or 

brother. 

n. "State" shall mean the State of California. 

0. "Tribal Council" shall mean the governing body of the Tribe, as set forth in the 

Tribe's Articles of Association. 

P* "Tribal Court" shall mean any court established by the Tribe to hear disputes or, if 

there is none that can exercise jurisdiction, then the Tribal Board of Directors. 

4- "Tribal Member" shall mean any duly enrolled member of the Tribe. 

ORDINANCE NO. 97-08-04 

As Amended March 20,20 10 
Section 4. Gaminpr Commission. 

a. Establishment of Gaming Commission. There is established by the Tribe a 

Commission, acting under the authority of the Tribe, to be known as the Dry Creek Gaming 

Commission. The Gaming Commission shall be comprised of three (3) persons, to serve terms 

in accordance with Section 4(c), who would themselves qualify for licensing under this 

Ordinance. As further requirements for their election, candidates for the office of Gaming 

Commissioner must agree to comply with the Dry Creek Gaming Commission Conflict of 

Interest Code set forth in Appendix A and shall meet, or agree to meet while serving as a 

Gaming Commissioner, the qualifications for the position of Gaming Commissioner set forth in 

Appendix 13 of this Ordinance. 

b. Disqualifications for Office. The following persons may not serve as 

Commissioners: 

1. Employees of any Gaming Enterprise established by the Tribe on the Tribe's Indian 

Lands; 

2. Any Gaming Contractor or any person who is related to any Gaming Contractor 

(including any principal thereof or CloseIy Associated Independent Contractor); 

3. Persons who would not be eligible to be officers of the Tribe pursuant to the Tribe's 

Articles of Association; 

4. Persons under the age of 25; and 

5. Members of the Board of Directors. 

c. Terms of Office. 

1. Nomination and Election of Commissioners. 

(a) The Tribal CounciI shall elect the three (3) members of the Tribal Gaming 

Commission to the terms of ofice described below, which are intended to expire on a 

staggered basis. Commissioners may serve successive terms unless terminated or 

removed. 

(b) Nominations for the first terms under this Ordinance as amended by the Tribal 

Council on March 20,20 10, shall be held at the General Meeting of the TribaI Council 

ORDWANCE NO. 93-08-04 

As Amended March 20-20 110 
to be held in April, 2010, with an election to follow within 30 days foIIowing approval 

of this amended Ordinance in accordance with the Indian Gaming Regulatory Act and 

subparagraph (4) below. Elections shall be conducted under the supervision of the 

Tribal Election Committee. 

(c) Nominations shall be for Gaming Commission positions entitled Gaming 

Commission Office No. 1, Gaming Commission Office No. 2, and Gaming Commission 

Office No. 3. Each Gaming Commission Office shall maintain its Office Number 

designation and the term that is associated with it for future vacancies and elections in 

accordance with subsections 2 and 3 below. Elections shall be for those specific 

Ofices and their associated terms, to serve either a full term, one thzt has expired, or 

the remainder of a term that has become vacant. 

2. New Terms under this Ordinance. Notwithstanding any other provision of Tribal 

law or this Ordinance, the beginning of the first Gaming Commission terns of office under this 

Ordinance as amended ("New Terms") shall terminate the Gaming Commission terms presently 

being served. Existing Commissioners may be nominated and elected to serve New Terms. The 

New Terms shall commence on the first (I st) day of the month foIlowing the month in which the 

election for the New Terms has been heId, and shall end on the last day of the month prior to the 

commencement date of the New Term, after the number of years designated below for the 

respective office has expired. For example, if the election for New Terms is held on July 20, 

20 1 0, the New Tern for Office No. 2 will commence on August 1,201 0 and shall expire on July 

3 1,20 12. In the event a person is elected but for any reason cannot be seated on the date 

indicated, the persons elected to the other Commission positions shall be seated as indicated. 

When the remaining Commissioner(s) is seated, it shall be for the remainder of the term that 

would have commenced had there been no delay. Each New Term shall be for the period 

indicated below: 

(a) The New Term for Gaming Commission Office No. 1 shall be for one (1) year. 

(b) The New Term for Gaming Commission Office No. 2 shall be for two (2) years. 

(c) The New Term for Gaming Commission Office No. 3 shall be for three (3) years. 

3. Successive Terms. Following expiration of the New Terms, all Gaming 

Commissioner Terms shall be for three (3) years, commencing on the day following the 

expiration of the preceding term and expiring three (3) years from the preceding expiration date. 

In the event a person is elected but for any reason cannot be seated on the date indicated, when a 

Cornrnissioner(s) is finally seated for that ofice, it shall be for the remainder of the term that 

would have commenced had there been no delay 

ORDMANCE NO. 97-08-04 

As Amended March 20,20 10 
4. NIGC Approval. This mended Ordinance shall be submitted by the Board of 

Directors to the Chairman of the National Indian Gaming Commission on or before March 26, 

20 10 for approvaI under the Indian Gaming Regulatory Act. 

d. Removal from Office. A Commissioner may onIy be removed from ofice before 

the expiration of his or her tern by the Tribal Council for neglect of duty, misconduct, 

malfeasance, or other acts that would render such persons unqualified for such duties or for 

licensure hereunder. Commissioners may not be removed for exercising his or her discretion or 

judgment or for how they voted on a particular issue. A Commissioner can only be removed 

from office by the Tribal Council in accordance with the procedures established in the Tribe's 

Articles of Association for removing a member of the Tribal Board of Directors from ofice. At 

the request of the member whose removal is at issue, the hearing may be held in executive 

session. The Tribal Council may elect to receive in executive session any evidence the public 

disclosure of which might compromise any on-going law enforcement or regulatory 

investigation, land acquisition for the Tribe, or negotiations by the Tribe with a third party. 

e. Quomm. Two (2) members of the Gaming Commission shall constitute a quorum. 

f. Officers and Duties. The Gaming Commission shall select, by majority vote, a 

Chairman, Vice-Chairman and SecretarylTTreasurer. The Chairman shall preside over meetings 

of the Gaming Commission and the Vice-Chairman shall preside in absence of the Chairman. 

The SecretarylTreasurer shaII record in writing the minutes of aII Gaming Commission meetings 

and all official actions taken by the Gaming Commission, and shall record and oversee all 

Gaming Commission fiscaI matters. 

g. Voting. All actions of the Gaming Commission shall be taken by majority vote. 

The Commission Chairman may vote on any issue. 

h. Meetings, Meetings shall be held at least once per month, as the Commission shall 

determine in accordance with this Ordinance, which requirement may be met by holding a 

meeting one hour prior to a scheduIed monthly meeting of the Tribal Board of Directors. 

Additional meetings shall be held as caIled by the Chairman or by at least two (2) other 

Commissioners. Notice of meetings shall be given in writing to each Commissioner, served by 

first class mail or personal delivery at least five (5) business days prior to such meeting. 

Meetings may be called at any time, by any means, with unanimous consent of the 

Commissioners. 

i. Compensation for Servinp, The Tribal Board of Directors shall determine and 

authorize the compensation to be paid to Commjssioners by adoption from time to time of a 

ORDWANCE NO. 97-08-04 

As Amended March 20,20 10 
resolution based on a determination of the time required to be expended upon Commission duties 

and the qualifications of the appointed Commissioners. 

j. Powers and Duties. The Gaming Commission shall have the power and duty to: 

1. Inspect, examine and monitor Gaming Activities, including the power to demand 

access to and inspect, examine, photocopy and audit all papers, books and records respecting 

such Gaming Activities; 

2. Investigate any suspicion of wrongdoing in connection with any Gaming Activities; 

3. Conduct, or cause to be conducted, such investigations as may be necessary to 

determine in connection with any Gaming Activities, compliance with law or this Ordinance or 

any contracts, agreements, goods, services, events, incidents, or other matters related to Gaming 

Activities; 

4. Conduct, or cause to conducted, background investigations regarding any person in 

any way connected with any Gaming Activities and issue licenses to, at minimum, all Key 

Employees znd Primary Management Officials according to requirements at least as stringent as 

those in 25 C.F.R. parts 556 and 558; 

5. Hold such hearings, sit and act at such times and places, summon persons on the 

Tribe's Indian Lands to attend and testify at such hearings, take such testimony, and receive such 

evidence as the Gaming Commission deems relevant in fulfilling its duties; 

6. Administer oaths or affirmations to witnesses appearing before the Gaming 

Commission; 

7. Implement and administer a system for investigating, licensing and monitoring 

employees and others connected with Gaming Activities, as described below, including the 

issuance of Iicenses to gaming facilities, individuals and entities as required under this Ordinance 

and IGM; 

8. Hear patron compIaints against the gaming establishment, in accordance with the 

procedures established in this Ordinance and consistent with the Tribal-State Gaming Compact 

and procedures established therein; 

9. Subject to the appropriation of funds by the Tribal Council consistent with adopted 

salary schedules, adopt a budget to finance the operations of the Gaming Commission, including 

but not limited to the employment of such staff and support services as reasonably required to 

ORDINANCE NO. 97-08-04 

As Amended March 20,20 10 
fulfill its responsibilities under this Ordinance. Compensation shall be comparable to that paid to 

persons performing similar duties in other governmental gaming regulatory agencies; 

10. To the extent required, comply with any reporting requirements established under a 

tribal-state compact to which the Tribe is a party and other applicable law, including the IGRA; 

11. PromuIgate and issue such regulations as it deems appropriate, in order to implement 

and enforce the provisions of this Ordinance including, but not limited to, adopting rules of 

procedure governing how its meetings will be conducted; 

12. Promulgate regulations establishing minimum standards for the operation of any 

Gaming Activities conducted on the Tribe's Indian Lands, including but not limited to auditing, 

internal fiscal controls, technica1 standards for eIectronic gaming and describing and establishing 

rules for each CIass II or Class I11 game authorized to be conducted, and no form of such gaming 

may be conducted without the prior approval of the Gaming Commission; 

13. Carry out such other duties with respect to Gming Activities on the Tribe's Indian 

Lands as the Tribal Council shall direct from time to time by amendment to this Ordinance or 

adoption of a written policy resolution; 

14. Levy n tax or fee on Gaming Activities and applicants for gaming licenses to cover 

the cost of conducting background investigations, issuing gaming licenses to the persons 

engaged or wishing to engage in Gming Activities on the Tribe's Indian Lands, and funding the 

operation of the Commission; and 

15. Levy fines far violations of this Ordinance or the Gaming Commission regulations. 

k Annual Revorts. On or before April 3oth of each year, the Gaming Commission 

shall provide lo the Tribal Council an Annual Report summarizing its activities during the prior 

twelve (1 2) month period ending on December 3 1 '', and accounting for all receipts and 

disbursements. The Tribal CounciI shall cause copies of the Annual Report to be made available 

to Tribal Members within thirty (30) days after receipt. 

I. Other Reporting Requirements. As required, the Gaming Commission shall 

comply with any reporting requirements established under a tribal-state compact to which the 

Tribe is a party, and other applicable law, including the IGRA and regulations promulgated 

thereunder. 

ORDINANCE NO. 97-08-04 

As Amended March 20,20 10 
Section 5, Permitted Gaming Activities. 

a. Unauthorized Gaming is Prohibited. All Gaming Activities on the Tribe's Indian 

Lands (whether Class I, II or 111) are prohibited except as expressly authorized under this 

Ordinance. 

1. Class I Gaming. Class I Gaming Activities are hereby permitted to the extent 

consistent with tribal custom and practice. The Gaming Commission may prohibit and prevent 

any conduct that is claimed to be Class I gaming if the Tribal Council finds that such conduct is 

not in accordance with tribal customs or practices or violates IGRA or any other law. 

2, Class 11 and Class In Gaming. Class 11 and Class III gaming on the Tribe" Indian 

Lands is hereby authorized, provided the Tribe has the sole proprietary interest in and 

responsibiIity for the conduct of any gaming enterprise, or to the extent the Tribe may contract 

with and license a person or entity to own, operate or manage the enterprise pursuant to the 

provisions of IGM or as otherwise permitted by law. Nothing herein shall prohibit the Tribe 

from engaging the services of non-tribal persons as employees thereof or engaging any person or 

entity to provide consulting or other technical assistance or to assist the Tribe in the management 

of Gaming Activities pursuant to a management agreement entered into under the provisions of 

IGRA. Class 111 gaming shall be conducted in accordance with any tribal-state compact between 

the Tribe and the State, or any alternative thereto as provided by TGRA. 

Section 6. Gaming Revenues. 

a, Tribal Property. Except as provided for under the terms of an agreement pursuant 

to the provisions of IGRA or as otherwise permitted by law, a11 revenues generated from any 

CIass I1 or Class I11 Gaming Activities are the property of the Tribe. Any profits or net revenues 

from Gaming Activities shall be deposited into the Tribe's general treasury or such other tribal 

account as the Tribe shall determine. Once becoming part of the treasury such funds shall lose 

any identity as gaming revenues except to the extent necessary to identify them as such in order 

to comply with applicable Iaw. No Tribal Member shall be deemed to have any interest in such 

profits or net revenues, provided that the Tribal Council may adopt rules for distributing gaming 

proceeds to Tribal Members on a per capita basis provided such plan meets the requirements of 

IGRA, 25 U.S.C. 5 271 0(b)(3) and has been approved to the extent required thereunder. 

Payments from the general treasury funds to Tribal Members under other tribal programs, 

including those related to health, welfare, elderIy care, and housing, shall not be deemed to be 

per capita payments. 

b. Use of Net Revenues. Net Revenues fiom Gaming Activities shall not be used for 

purposes other than as provided in Section 6a. above and as set forth in this subsection b. 

ORDINANCE NO. 97-08-04 

As Amended March 20,2010 
1. To fund tribal government operations or programs; 

2. To provide for the general welfare of the Tribe and its members; 

3, To promote tribal economic development; 

4, To donate to charitable organizations; or 

5. To help fund operations of local government agencies. 

Section 7. Operation of Gaming Establishments. 

a. Gaming Permitted as Licensed, Except to the extent authorized by an agreement 

pursuant to the provisions of IGM or as otherwise permitted by law, Gaming Activities shall 

only be conducted in tribally owned, operated and licensed facilities pursuant to the provisions of 

this Ordinance. Such activities shall be conducted in accordance with the terms and conditions 

of any license issued by the Tribe or Gaming Commission for such purposes as to each facility 

before any Gaming Activities may occur therein. Such licenses shall specify the hours of 

operation, type and scope of Gaming Activities allowed therein, permitted uses of the facility for 

other activities, mIes of conduct for employees and patrons, regulation of alcohoIic beverages, 

food handling and entertainment, and such other matters as the Gaming Commission or the 

Tribal Council may deem necessary to the conduct of Gaming Activities therein. 

h. Protection of Environment and Public. Any construction or maintenance of my 

gaming facility, and the operation of gaming therein, shall be in accordance with the Uniform 

Building Codes and conducted in a manner that adequately protects the environment and the 

public health and safety. 

c. Dispute Resolution. Patrons who have complaints against the gaming 

establishment shall have as their sole remedy the right to file a petition for relief with the 

Gaming Commission. For such purposes, disputes with any management contractor or its 

employees shall be made to the Gaming Commission, and such shall be the exclusive remedy for 

patron complaints. Complaints shall be submitted in writing and, at the discretion of the Gaming 

Commission, the petitioner may be allowed to present evidence. The Gaming Commission will 

render a decision in a timely fashion and all such decisions will be final when issued. Any 

patron having a claim against the gaming establishment or a management contractor or its 

employees must submit such claim to the Gaming Commission within thirty (30) days of its 

occurrence or within such time periods as the Commission shall establish by regulation. Patron 

ORDTNANCE NO. 97-08-04 

As Amended March 20.2010 
claims shall be limited to the terms of the Dry Creek Gaming Commission Procedures for 

Processing Tort Claims. 

Section 8. Annual Audits. 

a. The Tribe shall cause an annual outside independent audit of gaming operations to be 

conducted, and shall submit the resulting auditing reports to the NIGC. 

b. All contracts relating to Gaming Activities that result in the purchase of suppIies, 

services, or concessions in excess of $25,000 annually, except contracts for professional legal 

and accounting services, shall be specifically included within the scope of the audit that is 

described in subsection a. above. 

Section 9. Contracts. 

a. Bidding. Contracts relating to Gaming Activities in the amount of $25,000 or more 

annually, or for a term of more than five (5) years (except contracts for professional Eegal or 

accounting services) shall be subject to a formal, sealed bidding process prior to submission to 

the Tribal Board of Directors for approvaI. All reasonable attempts shall be made to obtain and 

consider at least three (3) responsible bids; provided, the Tribal Board of Directors or the 

Gaming Commission may waive the requirement for three bids upon good cause shown. 

b. Audit Requirements. All contracts for supplies, services, or concessions for a 

contract amount in excess of S25,000 annually (except contracts for professional legal or 

accounting services} relating to the Tribe's Class II or Class III gaming shall be subject to 

independent audits, and such contracts shaII so specify. 

c, Reglistration. All contracts subject to this Section shall be filed with the 

Commission within two (2) business days of their execution or effective date, whichever first 

occurs, and in accordance with any regulations and forms issued by the Commission for such 

purposes. 

Section 10. Licenses. 

a. Licensin~ Requirements. It is the declared Policy of the Tribe that all Gaming 

Activities be licensed and controlled so as to protect the mdrals, good order and welfare of Tribal 

members and ether persons on the Tribe's Indian Lands and to preserve the honesty, fairness and 

integrity of such Gaming Activities. Accordingly, no person shall engage in any Class XI or 

Class I11 Gaming Activities on the Tribe's Indian Lands without an appropriate and valid Class I1 

or Class 111 license approved and issued by the Gaming Commission. Any gaming license that is 

ORDINANCE NO. 97-08-04 

As Amended March 20,2010 
issued, or finding of suitability or approval made by the Gaming Commission, shall be deemed a 

privilege subject to suspension or revocation for any reason. No license shall be issued that 

would place the Tribe in violation of the IGRA or regulations promulgated thereunder and, as 

applicable, provisions of a tribal-state compact, or of any applicable law. The Gaming 

Commission shall promulgate regulations establishing minimum standards for the issuance of all 

gaming licenses required under this Ordinance. 

b. Applicant Claim of Privilege. An applicant may claim any privilege afforded by 

law in connection with a gaming license application or investigation, but a claim of privilege 

with respect to any testimony or evidence pertaining thereto may constitute sufficient grounds 

for denial, suspension or revocation. 

c. Release of Information. All persons applying for a license shall agree to release 

the information necessary in order for the Gaming Commission to achieve its goals under this 

Ordinance, and to furnish such information to the Bureau of Indian Affairs, the NIGC, or such 

other governmental agency as may be required by law. 

d. Types of Licenses. Three classes of licenses (Class A, Class B, and Class C) shall 

be issued to persons and entities associated with Gaming Activities. 

1. Class A Licenses. Before permitting any person to become permanently associated 

with the Gaming Activities as an investor, management entity, or other person owning or 

controlling ten percent (1 0%) or more of any interest in any management entity, or as a Primary 

Management Official, Key Employee, CloseIy Associated Independent Contractor, or other 

individual or entity with influence over the management or operation of the gaming, or as a Class 

II or I11 gaming employee, suppIier, manufacturer or distributor, such person shall obtain a Class 

A license, and the Gaming Commission shall conduct or cause to be conducted a background 

investigation to determine if such person has: 

(a) Any criminal record or any reputation, prior activities, habits or associations 

which might pose a threat to the public interest or to the effective regulation of gaming. 

(b) Anything else in their background which might create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of 

gaming. 

2. Class B Licenses. Persons who are not among those identified in subsection 1. 

above, but are to be employed at a gaming faciIity on the Tribe's Indian Lands in some other 

capacity, such as in non-gaming related activities, shall be required to obtain a Class B license 

from the Gaming Commission. Such persons must establish that they have not been convicted 

ORDINANCE NO. 97-08-04 

As Amended March 20,2010 
of a crime, or engaged in any activity that the Gaming Commission in its sole discretion deems 

would render such person a danger to the safety or integrity of the Gaming Activities, or the 

safety or property of the Tribe, any Tribal Member, any gaming employee or patron, or the 

public. 

3. Class C Licenses. Minors (persons under 18 years of age) employed at a gaming 

facility on the Tribe's Indian Lmds may be issued a Class C license, which wiIT entitle them to 

work in any position for which a Class I3 license is required for adults and are not otherwise 

prohibited by law, provided such minors are not deemed by the Gaming Commission to pose any 

threat to the safety or integrity of the Gaming Activities or the safety or property of the Tribe, 

any Tribal Member, any gaming employee or patron, or the public. The Class C license shall be 

valid for no more than six (6) months before renewal, and shall be revoked upon the minor's 

reaching the age of 18, at which time a Class A or B license, as may be appropriate, will be 

required. Minors shalI not be employed as dealers or otherwise to operate or supervise the 

operations of games, or to serve liquor. 

e. License Renewal. Class A and Class B licenses shall be subject to renewal at least 

every two (2) years, and may be revoked or suspended upon the occurrence of any act which, if 

known during the application process, would have tended to disqualify such person for such a 

license. 

f. Temporaw Licenses. Pending completion of an investigation for a Iicense, 

temporary licenses of no more than ninety (90) days duration may be issued by the Gaming 

Commission if in its sole discretion it deems it appropriate to do so. Such licenses shall permit 

the licensee to engage in such activities and pursuant to such terms and conditions as may be 

specified by the Gaming Commission. Such temporary Iicenses, unIess they are renewed or 

extended by the Commission, shall expire ninety (90) days from date of issuance, upon issuance 

of a regular license, or until an earlier specified expiration date, whichever occurs first. 

g. License Investigations. The Gaming Commission may employ all reasonable 

means, including the engagement of outside services and investigators and the holding of 

hearings, to acquire the information necessary to determine whether or not a license should be 

issued. Applicants shall also agree to release the information necessary in order for the Gaming 

Commission to achieve its goals under this Section and to furnish such information to the Bureau 

of Indian Affairs, the NIGC, or such other agency as may be required by law. 

h. License Fees. Unless specificalIy waived by the Gaming Commission, all license 

applicants shall be required to pay all applicable license fees and costs when due, including a 

reasonable deposit for costs incurred in obtaining infomation in connection with the Iicense 

application. Estimates of Iicensing costs shalI be provided to applicants upon reasonable 

ORDNANCE NO. 97-08-04 

As Amended March 20,20 10 
request. Payment for all reasonable fees and costs must be received by the Gaming Commission 

prior to issuance of the license. 

i. Appeals. A11 decisions of the Gaming Commission regarding the issuance or 

revocation of licenses shall be effective when issued. An applicant or licensee whose license is 

denied, revoked or suspended may, within thirty (30) days after the date of receipt of a written 

decision of the Gaming Commission, file a petition with the Gming Commission requesting a 

hearing to reconsider the decision, and shall have the right to appeal such decision to the Tribal 

Court in accordance with such rules and regulations as may be promulgated by the Tribal Court 

for that purpose. Any Tribal Member who is denied a license by the Gaming Commission may, 

within sixty (60) days of written notice of such denial, appeal the denial to the Gaming 

Commission, which shall have the power to reverse its prior decision and order that such license 

be issued, and shaI1 have the right to appeal such decision to the Tribal Court, provided that no 

such license shall be issued for more than one (1) year, subject to the renewal procedures set 

forth herein, and provided further that no order of the Gaming Commission or Tribal Court that a 

license be issued shall be valid if such issuance would place the Tribe in violation of any tribalstate compact to which the Tribe is n party, or of any applicable law. The standard of review by 

the Trial Court of all Gaming Commission decisions shall be "clearly contrary to the law" or 

''abuse of discretion." 

j. Back~round Investigations. 

1. The Gaming Commission shall request from each Primary Management Oficial and 

each Key EmpIoyee all of the information specified in subsections (a) through (n) below. 

Further, each other applicant for a Class A license, except as provided otherwise by the Gaming 

Commission, shall also submit the information specified in (a] through In) below. The Gaming 

Commission reserves the right, at any time, to request additional information either prior to, 

during, or subsequent to any background investigation. Gaming Commission licensing staff 

must be trained to take fingerprints of all applicants. The Gaming Commission is responsible 

for ensuring that all appropriate Iicensing staff are trained and that the system for fingerprinting 

is secure. The appropriate licensing staff shall ensure that fingerprints are forwarded promptly 

to the NTGC for processing. All reports and responses from the NIGC shall be fowarded to the 

appropriate licensing staff. All Gaming Commission background investigations and the issuance 

of licenses shall be under requirements at least as stringent as 25 CFR Parts 556 and 558. 

(a) Full name, other names used (oral or written), social security number(s), date of 

birth, place of birth, citizenship, gender, all languages (spoken or written); 

(b) Currently and for at least the previous ten (1 0) years: business and employment 

positions held, ownership interests in those businesses, business and residence 

ORDINANCE NO. 97-08-04 

As Amended March 20,201 0 
addresses and drivers Iicense number(s); 

(c) Names and current addresses of at least three (3) personal references, including one 

personal reference who was acquainted with the applicant during each period of 

residence as listed under subsection (b) above; 

(d) Current business and residence telephone numbers; 

(e) Description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

( A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses; 

(g) Name and address of any licensing or regulatory agency with which the person has 

even filed an application far 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 on-going prosecution or a conviction: the 

charge, the name and address of the court involved, and the date and disposition, if any, 

of the case; 

(i) For each misdemeanor conviction or on-going misdemeanor prosecution (excluding 

minor traffic violations) within ten (1 0) years of the date of the application: the name 

and address of the court involved, and the date and disposition, if any, of the case; 

Q) For each criminal charge (excluding minor traffic charges), whether or not there is 

or was a conviction, if such criminal charge is within ten (10) years of the date of the 

application and is not otherwise listed above pursuant to subsections (h) or (i) above: 

the criminal charge, the name and address of the court involved and the date and 

disposition, if any, of the case; 

(k) Name and address of any Eicensing or reguIatory agency (federal, tribal, state, local 

or foreign) with which the person has filed an application for an occupational Iicense or 

permit, whether or not such license or permit was granted; 

(1) A photograph; 

(m) Any other information the Tribe or Gaming Commission deems relevant; and 

ORDMANCE NO. 97-08-04 

As Amended March 20,20 10 
(n) Fingerprints shall be taken and processed by trained Gaming Commission staff 

consistent with procedures adopted by the Gaming Commission according to 25 C.F.R. 

$ 522.2 (h). 

2. The Tribe shall conduct or cause to be conducted an investigation, through the 

Gaming Commission, sufficient to make a determination of eligibility as required under this 

Ordinance. In conducting the background investigation, the Gaming Commission and its agents 

shall keep confidential the identity of each person interviewed in the course of the investigation. 

3, The Gaming Commission licensing staff, shall, consistent with procedures adopted by 

the Gaming Commission, take applicant fingerprints as required. Fingerprints shall be forwarded 

by the Gaming Commission to the NIGC and to the State Gaming Agency, if applicable, 

consistent with the Compact and other applicable laws. Fingerprints shall be processed through 

the FBI under NIGC and Compact requirements, in order to determine the applicant's criminal 

history, if any. Such investigation shall include contacting each reference provided in the 

application and taking all appropriate steps necessary to verify the accuracy of the information 

contained in the application. The appropriate Gaming Commission Iicensing staff shall assure 

that a written investigation report of the findings and conclusions of each investigation is 

prepared and maintained at the Gaming Commission offices in secure fiIes. The investigative 

report shall include the following information: 

(a) The steps taken in conducting a background investigation; 

(h) The results obtained; 

(c) The conclusions reached; and 

Id) The basis for the conclusions. 

4. The Gaming Comission shall review the findings and conclusions of the report as 

part of making a determination whether to grant or deny the license applied for. 

k. Eliebili* Determination. The Gaming Commission 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 ~m~k~ee or Primary Management Offrcial for employment 

in a gaming operation. If the Gaming Commission determines that empIoyment 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, the Gaming Enterprise shall not employ that person in a Key Employee or 

ORDINANCE NO. 97-08-04 

As Amended March 20.20 10 
Primary Management Official position or in any other position for which a Class A license is 

required, except as specifically established by the Gaming Commission. 

1. Forwarding Licensing Applications and Reports to the NIGC. 

1. On or before the date a Key Employee or Primary Management Official is empIoyed 

by a Gaming Enterprise authorized under this Ordinance, the Gaming Commission, acting on 

behalf of the Tribe, shall forward to the NIGC the person's completed licensing suitability 

application containing the information required above under Section 10. of this Ordinance. 

2. Prior to issuing a license to a Primary Management Official or Key Employee, the 

Gaming Commission, acting on behalf of the Tribe, shall forward to the NIGC, together with a 

copy of the eligibility determination made under Section 10. above, an investigative report on 

each background investigation. The investigative report on each background investigation shall 

be forwarded to the NIGC within sixty (60) days after the employee begins work, or within sixty 

(60) days of the approval of this Ordinance by the NIGC, the Gaming Enterprise shall not 

employ or continue to employ any person as a Key Employee or Primary Management OEcial 

who does not have a license within ninety (90) days of beginning work. 

3. The investigative report shall include the following information: 

(a) Steps taken in conducting a background investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(d) The bases for those conclusions 

4. The Gaming Commission, acting on behalf of the Tribe, shall provide to the NIGC 

or other agency, any other reports and information required by IGRA and regulations 

promulgated thereunder. Further, with respect to Key Employees and Primary Management 

Oficials, the Gaming Commission shall retain applications for employment and reports (if any) 

of background investigations for inspection by the NIGC for no less than three (3) years from the 

date of termination of employment. 

5. If a license is not issued to an applicant, the Gaming Commission shall notify the 

NIGC and may forward copies of its eligibility determination and investigative report (if any) to 

the NIGC for inclusion in the Indian Gaming Individuals Records System. 

ORDJNANCE NO. 97-08-04 

As Amended March 20,201 0 
m. Granting a Gaming License. 

1. If, within a thirty (30) day period after the NIGC receives a report as required under 

subsection 10.1. above, the NIGC notifies the Tribe that it has no objection to the issuance of a 

Iicense pursuant to the Iicense application filed for a Key Employee or Primary Management 

Official for whom the Gaming Commission has provided an application and investigative report, 

the Gaming Commission may issue the license. 

2. The Gaming Commission shall provide any additional information requested by the 

NIGC concerning a Key Employee or Primary Management Official who is the subject of a 

report as required under this subsection. An NIGC request for additional information shall 

suspend the thirty (30) day period estabIished under this subsection until the MGC receives the 

additional information. 

3. If, within the thirty (30) day period established under this subsection, the NIGC 

provides a statement itemizing objections to issuance of a Iicense to a Key Employee or Primary 

Management Official, the Gaming Commission shall reconsider the application, taking into 

account such objections. The Gaming Commission retains the right to make the final, 

determination whether to issue the license to such applicant. 

n. License Suspension. 

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

the NIGC or other reliable source indicating that a Key Employee or a Primary Management 

Official is not eligible for employment under the eligibility criteria established in Section 1 0. 

above, the Gaming Commission shall suspend the license and shall notify the licensee in writing 

of the license suspension and proposed revocation. 

2. The Gaming Commission shall notify the licensee of a time and place for a hearing 

on the proposed revocation of a license. 

3. After the revocation hearing, the Gaming Commission shall determine whether to 

revoke or to reinstate the gaming license. For actions taken in response to information provided 

by the NIGC, the Gaming Commission shall notify the NIGC of its decision. 

o. Facilities Licenses. A separate license shall be required for each place, faciIity, or 

location on any land where Class 11 andor Class 111 gaming is to be conducted. Before Class I1 

or Class 111 Gaming Activities can be conducted therein, the Gaming Commission shall inspect 

and license each such facility in accordance with this Ordinance, Tribal-State Gaming Compact 

ORDINANCE NO. 97-08-04 

As Amended March 20,20 10 
requirements, and requirements under IGM. Class I1 and Class 111 gaming shall only be 

conducted on the Tribe's Indian Lands as defined under IGRA. 

Section 11. Application Forms. 

a. Each application form for a Key Employee or a Primary Management Oficial, as 

well as for all other Class A license applicants unless othenvise specifically exempted by the 

Gaming Commission shall contain the notices set forth in subsections 1. and 2. below: 

1. Privaw Act Notice, 

In compliance with the Privacy Act of 1974, theufollowing information is provided: 

Solicita~ion of'the informafion on this form is authorized by 25 U;S.C. 2701 et. seq. The purpose 

of the requested irlformation is to determine the eligihili~ of individuals ru be granted a gaming 

license. The information will be used by dhe Tribal gaming ~egu1atot-j authorities and by the 

National Indian Gaming Commission members and stqffwho have need,for the information in 

the performance of their oficial duties. The information may be disclosed to the appropriate 

federal, tribal, stale, local, or foreip law enforcement and regulatory agencies when relevant to 

civil, criminal, or reguluroiy investigations or prosecutions, or when pursuant to a requiremenf 

by a tribe or the National Indian Gaming Commission in connection with fhe issuance, denial, or 

revocation of a gaining license, or investigations of activities while associated with a tribe or a 

gaming operation, Failure to consent to the ditwlosures indicated in this notice will result in the 

Trihe S being unahle fo license you for a primmy management eftcia1 or key employee position, 

or ofher position as determined by fhe Tribe. 

The disclosure ofyour Social Security Number (SSN) is voluntaly. However, failure to 

supply a SSIV mq result in errors in processing your app/icution. 

2. Notice Reaarding False Statements. 

A false statement on any part ofyour license applicafion may be ground~~for denying a 

license or the suspension or rm~cution of a license. Also, you may be punished hyJine or 

imprjsrmment (US Code, fitle 18, Section 1001). 

b. Any existing Key Employee or Primary Management Official, or any other Class A 

licensee unless otherwise specificaI1y exempted by the Gaming Commission, that has not 

completed an application fm containing the language set forth in Section 1 1 (a) 1. and 2. above, 

shall be notified that they must either: 

ORDINANCE NO. 97-08-04 

As Amended March 20,20 10 
1. Complete a new application form that contains the Privacy Act Notice and the Notice 

Regarding False Statements, or 

2. Sign a statement that contains the Privacy Act Notice and consent to the routine uses 

described in that notice, and sign a statement that contains the Notice Regarding False 

Statements. 

Section 12. Class IIE Tribal-State gamin^ Compacts. 

In addition to the provisions set forth above, no Class 111 gaming shall be engaged in by the 

Tribe unless a tribal-state compact has first been obtained in accordance with IGRR. All 

negotiations for such compacts shall be conducted through the Tribal Board of Directors, with 

advice and suggestion of the Gaming Commission, and shall be finalized in accordance with 

Tribal law. The Tribe will comply with a11 applicable federal law, including the Bank Secrecy 

Act. 

Section 13. Interest in Management Contracts by Tribal Officials. 

No elected official of the Tribe, including the Gaming Commission or any other 

committee or agency of the Tribe, shall have a financial interest in or management responsibility 

for, any management agreement entered into pursuant to IGRA, nor shall such elected official 

serve on the board of directors or hold (directly or indirectly) ten percent (1 0%) or more of the 

issued and outstanding stock of any corporation, or ten percent (I 0%) or more of the beneficial 

interest in any partnership, trust, or other entity, in any such corporation, partnership, trust or 

other entity having a financial interest in, or management responsibility for, such contract. 

Section 14. Service of Process. 

The Tribe designates as its agent for the service of any official determination, order, or 

notice of violation, the Chairperson of the Tribe, at the primary Dry Creek Tribal governmental 

ofices located at 190 Foss Creek Circle, Suite A, Healdsburg, California 95448, or such other 

primary governmental ofice as the Tribe may establish. The NIGC shall be informed of my 

change in the Tribe's primary governmental ofice address within ten (10) days of such change. 

Section 15. Tribal Governmental Entities. 

Nothing in this Ordinance shall prevent the Tribe, through its Tribal Council, from 

delegating the authority to conduct Gaming or to exercise the powers of the Board of Directors to 

one or more tribal corporations, agencies, authorities, or other tribal governmental entities so 

ORDINANCE NO. 97-08-04 

As Amended March 20.2010 
long as the Tribal Gaming Enterprise to which such authority is delegated agree to meet all 

criteria and all requirements established under this Ordinance. 

Section 16. Prior Gaming Ordinances Superseded; Effective Date. 

This Ordinance and the regulations promulgated there under shall constitute the entire 

gaming regulations of the Tribe and upon its effective date shall supersede any prior gaming 

ordinances of the Tribe, provided that, except as expressly provided herein, this Ordinance shall 

not invalidate any lawful action taken pursuant to any such prior ordinance. This Ordinance 

shall become effective upon its approval by the NLGC. 

Section 17. Severability. 

If any provision or application of this Ordinance is determined by review to be invalid, 

such determination shaIE not be held to render such provision inapplicable to other persons or 

circumstances, nor shall such determination render invalid any other provision of this Ordinance. 

Section 18. Amendments. 

All provisions of this Ordinance are subject to revision, repeal, or amendment by the 

Tribal Council at any time. ReguIations promulgated by the Gaming Commission under this 

Ordinance are subject to revision, repeal or amendment by the Gaming Commission at any time. 

All Gaming Ordinance revisions must be approved by the NIGC. 

CERTIFICATION 

I, Margie Rojes, Secretary-Treasurer of the Dry Creek Rancheria Band of Porno Indians 

("Tribe"), certify that on March 20,2010, at a meeting ofthe Tribe's Tribal Council duly called 

and held and at which a quom was present, the foregoing Ordinance No. 97-08-04 As 

Amended March 20,201 0, was duly adopted by a majority vote of the Tribal CounciI. 

Executed: 

MARGIE ROJES 

Tribal Secretary-Treasurer 

ORDMANCE NO. 97-08-04 

As Amended March 20,201 0 
APPENDIX A 
DRY CREEK GAMING COMMISSION 

CONFLICT OF INTEREST CODE 

Section 1.1 Title 

This Code shall be known and cited as the "Dry Creek Band of Pomo Indians" Gaming 

Commission Conflict of Interest Code. 

Section I .2 Statement of Purpose 

A. This Conflict of Interest Code is adopted by the 'Wry Creek Band of Pomo Indians," 

a federally recognized Indian Tribe, in compliance with Section 8.2 of the Tribal-State Gaming 

Compact between the Tribe and the State of California, executed on or about September 10, 

1999. The Dry Creek Gaming Commission is the regulatory agency established by the Tribe to 

oversee the regulation of gaming on lands of the tribe. 

B. The work of the Commission is sensitive in nature and the members of the 

Commission must maintain high moral and ethical standards to minimize conflicts of interests, 

provide a high Ievel of service, and maintain the trust and confidence of the tribal community 

and the public. This Conflict of Interest Code is adopted to assure that the members of the 

Tribe's Gaming Commission are free from corruption, undue influence, compromise and 

conflicting interests in the conduct of their duties under tribaI and federal laws and the gaming 

compact. 

Section 1.3 Applicability 

The Conflict of Interest Code is applicable to all members of the Gaming Commission 

during the tems(s) of their service on the Gaming Commission. 

Section 1.4 Commissioner Suitability 

Prior to participating in any Gaming Commission matter, dl prospective Gaming 

Commission members shall be investigated and deemed suitable under the Gaming 

Commission's requirements for obtaining a Class A gaming license. To deternine their 

suitabiIity, the Tribe shall require each prospective member to complete application forms, 

including executing all release fonns and providing all other documentation requested. Based on 

the information submitted and other information obtained, the Tribe shall cause a background 

investigation to be completed on each such individual. The background investigation may be 

conducted through outside sources information obtained during the investigation shaI1 be deemed 

confidential to the extent required under tribal and other appIicable law. If it is determined that 

the prospective Gaming Commission member is not suitable under the above criteria the 
candidate may withdraw their name from consideration. In the event the candidate does not 

withdraw, Ithe Tribe shall remove the candidate fiom future consideration at that time. 

Section 1.5 Gaming Commission Standards 

Members of the Gaming Commission, the members of the tribal community, license 

applicants, employees, and the public, shall, in all matters within the scope of their responsibility 

on the Commission, act in a fair and impartial manner in all dealings with: 

a. A gaming Commission shall not use their position to secure special privileges, 

advantages or exemptions for themselves, family members, acquaintances, or 

others, unless such are generaIIy available to other members of the genera1 public. 

b. Commission members must use established administrative channels to resolve 

grievances and for other administrative matters. 

Section 1.6 Limitations on Serving on the Commission 

Employees of my gaming enterprise, member of the Tribe's Economic Development 

Committee who, directly or indirectly, have operational or management responsibilities related 

to any gaming enterprise, and others limited by the Tribe's Gaming Ordinance are precluded 

from serving on the Gaming Commission. 

Section 1.7 Limitations on Commissioner Decision Making 

Members of the Gaming Commission shdI be removed kom considering and voting on 

any regulatory, licensing, or dispute resolution matters in which there is, or it can be reasonably 

expected there may be, an actual or perceived codict of interest, including when the actual or 

perceived conflict is based on the relationship of the Commissioner to the person or business 

regulated. 

Section 1.8 Confidentiality Agreements 

As a condition of their serving on the Gaming Commission, members of the Commission 

shall sign an oath of confidentiality and shall not disclose confidential or privileged information 

regarding the Gaming Commission, or information regarding licensing or regulatory matters that 

come before the Commission in the scope of its duties and responsibilities. No Commission 

member shall disclose confidential information gained by reason of their official position, nor 

otherwise use such, information for personal gain or benefit. Further, only the Chairperson of 

the Commission is authorized to speak to the press or media on behalf of the Commission, unless 

such authority is otherwise delegated by the Chair in writing. 
Section 1.9 Special Privileges 

No member of the Gaming Commission shall use their position to secure special 

privileges or exemptions for the Commission member, or for famiIy members or others. 

Commission members must use proper administrative channels to resolve grievances or ether 

administrative matters. 

Section 1.10 Gifts and Benefits 

No Gaming Commission member shall accept a gift from any person or business holding 

or seek to obtain a license, contract, or financial relationship with the gaming operation unless 

otherwise authorized in connection with or related to the discharge of their duties as a 

Commission member, unless the individual or business would also give the same to the general 

public or customers on the same basis. Commission members as tribal oficials, are authorized 

to accept those benefits generally made available to other tribal officials such as Tribal Council 

members, with the exception of any benefit related to gaming. Permissible benefits may include 

traditional gifts or awards received as part of a traditional ceremony or custom, unsolicited 

advertising or promotional materials of nominal value, and food or refreshments in the ordinary 

course of a luncheon or dinner meeting or other occasion where the Commissioner is properly in 

attendance. 

Section 1.1 1 Outside Tnterests 

No Gaming Commission member shall transact any business in their official capacity 

with any business in which they are an officer or employee, or in which they have an ownership 

interest. Further, no Commission member shall have any interest, financial or otherwise, direct 

or indirect, or engage in any business or transaction or professional activity, or incur an 

obligation of any nature which is in, or may be perceived by a disinterested observer to be, in 

conflict with the proper discharge of duties of the commission. Further, no Commission member 

shall serve on a board, committee, or other association if such service conflicts with the 

performance of their regular duties on the Commission or raises a question of conflict of interest. 

Section 1.12 Compliance with Policies and Regulations 

Gaming Commission members shall comply with the policies and regulations adopted by 

the Commission, or by the Tribe as applicable to the Commission, including those which may be 

adopted in the future, 
Section 1.13 Nepotism 

Gaming Commission members shall not show favoritism to an immediate family member 

(parents, spouse, brother, sister, son or daughter, grandparent or grandchild or any member living 

in your household) while functioning in as official capacity with the Commission. 

Section 1.14 Political Activities 

Commission members shall not engage in political activities unless on their own time and 

at their own expense. Political activities must be conducted whiIe off duty and away from 

Commission premises. No Commissioner shall use, at Commission expense, any Commission 

materials, facilities, equipment, phones, vehicIes, or the like for political activities. Such 

politicaI activities shall not cause interference with the performance of Commission duties and 

responsibilities. 

Section 1.15 Participation in Gaming Activities 

No Gaming Commission member shall participate in the gaming activities at any gaming 

facility under the regulation of the Commissien, with the exception of activities offered as part of 

a special session conducted for tribal members or tribal employees only, and closed to the 

general public. 

Section 1.16 Removal of Commission Member 

Gaming Commission members who are alleged to have violated any provision of this 

Conflict of Interest Code may be recommended for removal or dismissal from the Commission. 

A Commission member recommended for removal or dismissal is entitled to a hearing before the 

Tribal Board of Directors and, as the Tribal Board of Directors deems appropriate, may be 

suspended and removed from the Commission ofices pending the hearing and final 

determination. Any member found to have acted in a cormpt or compromised manner shall be 

removed promptly as a member of the Dry Creek Gaming Commission. 

Section 1.17 Limitations on Future Gaming Employment 

Gaming Commission members who leave or are removed from the Commission are 

precluded from employment or other service with the Tribe's gaming operations for a period of 

one year, unless specifically authorized in writing to do so by the remaining members of the 

Commission. 
Section 1.18 Adoption and Amendments 

This Conflict of Interest Code is adopted by the Dry Creek Gaming Commission and may 

be amended by the Commission from time to time as appropriate and consistent with 

requirements under applicable law. 

Dry Creek Gaming Commission 

Job Descriptions, Policies & Procedures 

GAMING COMMISSIONER 

DEPARTMENT: Administration 

STATUS: FuII-timelJExempt 

REPORTS TO: DCKRPI Tribal Board 

SUPERVISES: Internal Audit Manager, Investigations Supervisor, Surveillance & 

Regulatory Manager 

EQUAL OPPORTUNITY STATEMENT: The Dry Creek Gaming Commission does not 

discriminate on the basis of race, color, nationaE origin, sex, reIigion, age, or disability status in 

the employment or the provision of services. 

TRIBAL AND INDIAN PREFERENCE: The Dry Creek Gaming Commission applies the 

policy of "TRIBAL AND INDIAN PREFERENCE" when filling vacancies, promotion, transfer, 

hire and re-hire. Primary consideration under the TRIBAL AND INDIAN PREFERENCE policy 

shall be given to qualified applicants who are enrolled members of the Dry Creek Band of Porno 

Indians. Secondary consideration shall be given to lawfir1 spouses or domestic partners of 

enrolled Tribal members, and tertiary consideration shall be given to those enrolled in other 

federally recognized tribes. 

JOB SUMMARY: The Gaming Commissioner is elected by the DCRBPI Tribal Board to serve 

under provisiorts set forth in the Tribe's Gaming Ordinance. The position carries out all 

regulatory responsibilities under the Gaming Ordinance, federal gaming laws and regulations, 

and the Tribe's Gaming Compact. The Gaming Commissioner must understand and be 

knowledgeable of all regulations, internal controls, gaming equipment, audits, gaming license 

procedures, and any other areas which affect the integrity of the gaming facility operation. 

JOB RESPONSIBILITIES: 

1. Installs, implements and maintains all surveillance and any other regulatory 

equipment at the gaming facility in accordance- with the Gaming Ordinance, 

IGRA and the Gaming Compact. 

2. Prevents theft, cheating and fraud by implementing and administering policies, 

procedures and training programs through the auditing, surveillance and 

compliance functions. 

3. Adopts regulations to assure that effective, high quality regulatory and internal 

control systems which meet or exceed a11 applicable legal requirements and 

standards are in effect at all times. 

4. Issues rules, regulations and procedures as deemed appropriate to implement the 

provisions of the Gaming Ordinance and ensures effective enforcement. 

5. Implements and administers systems for conducting investigations, licensing and 

monitoring of employees and others connected with gaming facility operations. 

6. Enforces all relevant laws and rules with respect to the gaming faciIity and 

conducts investigations and hearings. 

7. Ensures the physical safety of gaming patrons, employees and others in the 

gaming facility. 
Dry Creek Gaming Commission 

Job Descriptions, Policies & Procedures 

IT. 

Ensures the physical safeguarding of assets transported to, within and from the 

gaming facility. 

Works to prevent illegal activity in the gaming facility by enforcing employee 

conduct ruIes, maintaining detailed and permanent recordings of all occurrences 

and incidents, and establishing employee procedures to detect thef't, cheating and 

fraud. 

Oversees the compliance, surveiIIance and audit functions for the purposes of 

securing gaming facility assets and ensuring the safety of patrons, employees and 

others. 

Conducts on-site gaming regulation and control, and inspects, examines and 

monitors gaming activities. 

Oversees the background investigation process including the issuing of licenses 

and identification badges via Pointguard 7.0 Budging Module, Proximity Curd. 

Prepmma Ale rXID and Livescan systems. 

Ensures confidentiality of all information, processed and reviewed, in the 

completion of duties. 

Hear and resolve disputes against the gaming establishment, in accordance with 

the procedures in the Gaming Ordinance and Gaming Compact. 

Establishes cooperative working relationships with federal, state and local 

jurisdictions, the TribaI Government and gaming dacil ity to ensure the effective 

regulation of the Tribe" gaming operations. 

Prepares the annual budget for each fiscal year and submits annua! reports 

summarizing all accounting activities of Gaming Commission operations. 

Meets the attendance guidelines of the job and adheres to regulatory, departmental 

and Gaming Commission policies and procedures. 

Attends dl required meetings and training. 

Performs other duties as assigned. 

QUALIFICATIONS: 

1. 4+ years of management experience required; Or equivalent combination of 

education and experience. 

Ability to anaIyze numerical data, including statistical information. 

High level of computer literacy with business appIications such as word 

processing and spreadsheet software. 

Working knowledge of NTGC regulations and the California State Tribal Compact 

required. 

Ability to read, analyze and interpret various business communications (letters, 

memoranda, etc) and take appropriate action. 

Must be able to read, interpret and understand laws, governmental regulations, 

procedures and other governmental, communications and documents. 

AbiIity to solve complex problems and deal with a variety of concrete and 

abstract variables in situations where only limited standardization exists. 

Must have working knowledge of all types of games within the gaming facility 

operation. 
Dry Creek Gaming Commission 

Job Descriptions, Policies & Procedures 

9. Must be willing to work flexible schedules including weekends, holidays and 

rmights; Must be will to work on-call. 

10. Must have strong organi7ationa1, prioritizing and recordkeeping skills. 

I I. Must be able to manage a number of priorities simultaneously, establish and meet 

deadlines and supervise support staff. Must have excellent oral and written 

communication skills. 

PHYSICAL, ENVIRONMENTAL AND INTELLECTUAL CONDITIONS: 

1. Must be able lo work independently. 

2. Must be able to lift and carry the weight needed to perform the duties of the job, 

3. Must be able to make reasonable, professional and sound judgments on 

appropriate and necessary required corrective action to regain compliance for 

violations. 

4. Must be able to tolerate areas containing secondary smoke. 

5. Must be able to get along with co-workers and work as a team member. 

6. Must present a well-groomed appearance. 

The Dry Creek Rancheria Band of Porno Indians Board of Directors reserve the right to 

make changes to this job description. 

MUST PASS A PRE-EMPLOYMENT DRUG TEST, 

FINGERPRINT AND BACKGROUND CHECK 

Z hereby acknowledge that I have read and reviewed this Job Description with my 

Supervisor/Manager. I also acknowledge that I have full and complete understanding of this Job 

Description and agree to the above noted Job Responsibilities/ Conditions, Furthermore, I agree 

to accept and accomplish any reasonable task assigned by my superiors. 

Employee Signature: Date 

Supervisor Signature: Date: