JUL 3 0 2012 

/ia US. Mail and Facsimile 

Alix Foster, Director 

Swinomish Indian Tribal Community 

Office of the Tribal Attorney 

11404 Moorage Way 

La Conner, WA 98258 

FAX: (360) 466-7363 

Re: Swinomish h&an Tribal Community Ordinance Amendments 

Dear Ms. Foster: 

This letter responds to your request on behalf of the Swinomish Indian Tribal 

Community for the National Indian Gaming Commission Chairwoman to review and 

approve the Tribe's amendments to its gaming ordinance. Initially, the Tribe submitted the 

amendment on May 1,2012, but then resubmitted the amendment on May 9,2012. The 

original submission was received on May 8 and the subsequent submission was received 

onMay 11,2012. 

The Swinomish Indian Senate approved Ordinance No. 302 on February 23,2012 

and Ordinance No. 314 on May 2,2012. The gaming ordinance amendments are approved 

as they are consistent with the requirements of the Indian Gaming Regulatory Act and 

NIGC regulations. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 420- 

9229. 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Wzhington, DC2OWS Tel: 202.632.7003 Fax: 202.632.7066 W.NlGC.GW 

REGIONAL OFFICES Portland. OR: Sacramento. CA Phoenix. AZ; St. Paul, MN:Tulsa, OK 
SWINOWIISH INDIAN TRIBAL COMMUNITY 

SWINOMISH INDIAN RESERVATION 

ORDINANCE NO, 

ORDINANCE RESCINDING ORDINANCES 308,309 AND AMENDING 

ORDINANCE NO. 171 (CODIFIED AT STC 16-03) 

WHERJEAS, the Swinomish Indian Trial Community (the "Tribe") is a federally 

recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act 

of 1934 (25 U.S.C. $ 476); and 

WHEREAS, the Tribe is organized under a Constitution and By-Laws originally 

ratified by the Tribe on Novembers 16, 1935, and approved by the Secretary of the Interior 

on January 27,1936, and as most recently amended and ratified by the Tribe on September 7, 

1985 and approved by the Secretary of the Interior on October 22,1985; and 

WHEREX3, the Swinomish Indian Senate (the "Senate") is the duly elected 

governing body of the Swinomish Indian Tribal Community and exercises governmental 

authority over all lands and waters within the Swinomish Indian Reservation; and 

WHEREAS, the National Indian Gaming Commission has reviewed Ordinance 308 

and required additional changes prior to approving the Ordinance; and 

WHEREAS, the Swinomish Gaming Commission recommends that amendments be 

made to Ordinance No. 171 (codified at STC Title 16, Chapter 3, Sections 16-03.01 0 through 

.040 and 16-03.060 through -080) as refIected in orcbmce 308 enacted by the Senate on 

April 10,20 12 be rescinded; and 

WHEREAS, the Swinomish Gaming Commission recommends that the changes 

recommended by the National Indian Gaming Commission to Ordinance 171 be enacted; and 

WHEREAS, the Swinomish Gaming Commission recommends that the amendments 

be made to Ordinance No. 171 (codified at STC Title 16, Chapter 3, Sections 16-03.010 

tlmugh .040 and 16-03.060 through .080) as reflected in this Ordinance which includes and 

in- Attachment A hereto be enacted*, and 

WHEREAS, the Swinomish Gaming Cormnission finds that the amendments to 

Ordinance No. 171 as proposed by this Ordinance will comply with the regulations of the 

National Indian Gaming Commission requiring a tribe amend its ordinance to reflect the 

2009 changes in the NIGC rules, specifically those set forth in 25 C.F.R. $$ 556 and 558, at 

the same time the Tribe seeks any other amendment to its gaming ordinance; and 

WHEREAS, the Senate adopts the findings of the Swinomish Gaming Cmnmission; 

and 

Ordinance No. $/q Enacted: May &I ,2012 

Page 1 of 2 
WHEREAS, the Semite has reviewed the suggested changes to Ordinance No. 171 

(codified at STC Title 16, Chapter 3, Sections 16-03.010 through ,040 and 16-03.060 through 

.080) and desires to enact this new Ordinance; and 

WHEREAS, the Senate has enacted Ordinance No. 309, which in addition to making 

the changes contained in this ordinance erroneously included an additional changes that 

NIGC has already approved and must be rescinded, and 

WHEREAS, the Senate is authorized to take this action pursuant to Article VI, 

Sections l(1) of the Constitution of the Tribe approved January 27, 1936, as mended, and 

pursuant to the inherent powers of the Swinomish Indian Triial Community, NOW 

THEREFORE, 

BE IT ENACTED BY THE SWINOMISH INDIAN SENATE that Ordinauces 

308 and 309 are hereby rescinded; and 

BE IT FURTHER ENACTED BY THE SWINOMISH INDIAN SENATE that 

this Ordinance Amending Ordinance No. 171 (codified at STC Title 16, Chapter 3) which 

includes and incorporates by reference Attachment A is hereby enacted and approved 

pursuant to the authority of the Swinomish Constitution and By-Laws and the inherent 

powers of the Swinomish Indian Tribal Community. 

- 

Swinomish lndian Senate 

CERTIFICATION 

As Secretary of the Swinomish Indian Senate, I hereby certi@ that the foregoing Ordinance 

was approved at a Special Meeting of the Swinomish Indian Seraate held on 

which time a quonun was present and the Ordinance was passed by a vote of 

0 AGAINST, and fl ABSTENTIONS. 

swinomish Indian senate' 

Ordinance No. ,vY 

Enacted: May Q7 ,2012 

Page 2 of 2 
Sec. 

16-03.010 

16-03.020 

16-03.030 

16-03.040 

16-03.050 

16-03.060 

16-03.070 

16-03.080 

Title 16 - Gaming 

Chapter 3 - Licenses for Key Employees 

and Primary Management Officials 

Definitions 

Application Forms 

Background Investigations 

Eligibility Determinations 

Procedures 

Report to the National Indian Gaming Commission 

Granting a Gaming License 

License Suspension 

Legislative History 

Enacted: 

Ordinance (xx/xx/xx); BIA (xxlxx/xx); NIGC (xx/xx/xx). 

Ordinance 171 Gaming Ordinance (6/30/03), BIA (7/3/03), NIGC (1 013103). 

Repealed or Superseded: 

Ordinance 1 5 1 Amending Ordinance 1 03 (419/02), BIA (6/7102), NIGC (711 7102). 

Ordinance 1 18 Amending Ordinance 103 (517/96), BIA (5123/96), NIGC (not 

required, 811 5/96). 

Ordinance 104 Amending Ordinance 103(1113/93), BIA (1 1/8/93), NIGC (1 1110l93). 

Ordinance 103 Gaming Ordinance Repealing Ordinance 50(10/5/93), BIA (1 011 4/93), 

NIGC (1 111 0193). 

16-03.010 Defmitions. 

For the purpose of this Chapter, the following definitions apply: 

(A) "Key Employee" means 

(1) a person who performs one or more of the following hctions: 

(a) Bingo caller; 

(b) Count room supervisor; 

(c) Security manager; 

Title 16, Chapter 3 

Page 1 
(d) Custodian of gaming supplies or cash; 

(e) Floor manager; 

(f) Pit Supervisor; 

(h) Croupier; 

(i) Approver of credit; and 

a) Custodian of gambling devices including persons with access to cash 

and accounting records within such devices. 

(2) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; or 

(3) If not otherwise included, the four (4) most highly compensated persons in the 

gaming operation. 

(B) ''Primary Management OMicial" means: 

(1) The person having management responsibility for a management contract; 

(2) Any person who has authority: 

(a) to hire and fire employees; or 

(b) to set up working policy for the gaming operation. 

(3) The chief financial officer or other person who has financial management 

responsibility. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 1 1 8 (517196); Ord. 104 (1 1/3/93); Ord. 

103 (1 015193). 

16-03.020 Application Forms. 

(A) The following notice shall be placed on the license application form for a key employee 

or a primary management official before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 

U.S.C. § 2701 et seq. The purpose of the requested information is to determine 

the eligibility of individuals to be granted a gaming license. The information 

Title 16, Chapter 3 

Page 2 
will be used by the Tribal gaming regulatory authorities and by the National 

Indian Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The information may be 

disclosed to appropriate Federal, tribal, state, local, or foreign law enforcement 

and regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tribe or 

the National Indian Gaming Commission in connection with the the issuance, 

denial or revocation of a gaming license, or investigations of activities while 

associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable to license 

you for a primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in processing your application. 

@) Existing key employees and primary management officials shall be notified in writing 

that they shall either: 

(1) Complete a new application form that contains a Privacy Act notice; or 

(2) Sign a statement that contains the Privacy Act notice and consent to the routine 

uses described in that notice. 

(C) The following notice shall be placed on the license application form for a key employee 

or a primary management official before that form is filled out by an applicant. 

A false statement on any part of your license application may be grounds for denying a 

license or the suspension or revocation of a license. Also, you may be punished by fine 

orimprisonment. (18 U.S.C. 8 1001.) 

@) The Tribe shall notify in writing existing key employees and primary management 

officials that they shall either: 

(1) Complete a new application form that contains a notice regarding false 

statements; or 

(2) Sign a statement that contains the notice regarding false statements. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 103 (1015193). 

16-03.030 Background Investigations. 

(A) The Tribe shall request hm each primary management official and fiom each key 

employee all of the following information: 

(1) Full name, other names used (spoken or written), social security number@), date 

Title 16, Chapter 3 

Page 3 
of birth, place of birth, citizenship, gender, all languages (spoken or written); 

Currently and for the previous five (5) years: business and employment positions 

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

and drivers license numbers; 

The names and current addresses of at least three (3) personal references, 

including one (1) personal reference who was acquainted with the applicant 

during each period of residence listed under Section 16-03.030(A)(2); 

Current business and residence telephone numbers; 

A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses; 

A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those businesses; 

The name and address of any licensing or regulatory agency with which the 

person has filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

For each felony for which there is an ongoing prosecution or a conviction, the 

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

if any; 

For each misdemeanor conviction or ongoing 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; 

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

is a conviction, if such criminal charge is within ten (1 0) years of the date of the 

application and is not otherwise listed pursuant to Section 16-03.030(A)(8) or 

(A)(9), the criminal charge, the name and address of the court involved, and the 

date and disposition; 

The name and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

A current photograph; 

Any other information the Tribe deems relevant; and 

Fingerprints consistent with procedures adopted by the Tribe according to 25 

Title 16, Chapter 3 

Page 4 
C.F.R. 8 522.20. 

(B) The Tribe shall conduct an investigation sufficient to make a determination under 

Section 16-03.040 below. In conducting a background investigation, the Tribe or its 

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

course of the investigation. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 103 (1015193). 

16-03.040 EIigibiIity Determinations. 

The Tribe 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 employee or primary 

management official for granting of a gaming license. If the Tribe, in applying the standards set 

forth in this Chapter, detemines that licensing of the person poses a threat to the public interest 

or to the effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, 

or illegal practices and methods and activities in the conduct of gaming, the Tribe shall not 

license that person in a key employee or primary management official position. 

[History] Ord. 3 14 (51211 2); Ord. 171 (6130103); Ord. 103 (1 015193). 

16-03.050 Procedures. 

Procedures for forwarding applications and reports for Key Employees and Primary 

Management Officials to the National Indian Gaming Commission: 

(A) When a key employee or primary management official begins work at a gaming 

operation authorized by this Title, the Tribe shall forward to the National Indian 

Gaming Commission a completed application for employment and conduct the 

background investigation provided for in Section 16-03.030. 

(B) The Tribe shall forward the report referred to in Section 16-03.060 to the National 

Indian Gaming Commission within sixty (60) days after an employee begins work or 

within sixty (60) days of the approval of this Title by the Chainnan of the National 

Indian Gaming Commission. 

(C) The gaming operation shall not employ as a key employee or primary management 

official a person who does not have a license after ninety (90) days. 

[History] Ord. 1 7 1 (613 0103); Ord. 1 5 1 (419102); Ord. 103 (1 015193). 

16-03.060 Report to the National Indian Gaming Commission. 

(A) Pursuant to the procedures set out in Section 16-03.050, the Tribe shall prepare and 

forward to the National Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include all of the following: 

Title 16, Chapter 3 

Page 5 
(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

(B) The Tribe shall submit, with the report, a copy of the eligibility determination made 

under Section 16-03.040 of this Chapter. 

(C) If a license is not issued to an applicant, the Tribe: 

(1) Shall notify the National Indian Gaming Commission; and 

(2) May forward copies of its eligibility determination and investigative report (if 

any) to the National Indian Gaming Commission for inclusion in the Indian 

Gaming Individuals Records System. 

@) With respect to key employees and primary management officials, the Tribe shall retain 

applications for employment and reports (if any) of background investigations for 

inspection by the Chairman of the National Indian Gaming Commission or his or her 

designee for no less than three (3) years hm the date of termination of employment. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 104 (1 113193); Ord. 103 (1015193). 

16-03.070 Granting a Gaming License. 

(A) If, within a thirty (30) day period after the National Indian Gaming Commission 

receives an investigative report, the National Indian Gaming Commission notifies the 

Tribe that it has no objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management official for whom the 

Tribe has provided an application and investigative report to the National Indian 

Gaming Commission, the Tribe may issue a license to such applicant. 

) During the thirty (30) day period described above in Subsection 16-03.070(A), the 

Chairman of the National Indian Gaming Commission may request additional 

information fiom the Tribe concerning a key employee or a primary management 

official who is the subject of a report. Such a request shall suspend the thuty (30) day 

period under Section 16-03.070(A) until the Chairman of the National Indian Gaming 

Commission receives the additional information. 

(C) If, within that same thuty (30) day period, the National Indian Gaming Commission 

provides the Tribe with a statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the Tribe has provided an 

Title 16, Chapter 3 

Page 6 
application and investigative report to the National Indian Gaming Commission, the 

Tribe shall reconsider the application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the final decision whether 

to issue a license to such applicant. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 103 (1015193). 

16-03.080 License Suspension. 

(A) If, after the issuance of a gaming license, the Tribe receives from the National Indian 

Gaming Commission reliable information indicating that a key employee or a primary 

management official is not eligible for employment under Section 16-03.040, the Tribe 

shall suspend such license and shall notifl in writing the licensee of the suspension and 

proposed revocation. 

) The Tribe shall notifl the licensee of a time and a place for a hearing on the proposed 

revocation of a license. 

(C) After a revocation hearing, the Tribe shall decide whether to revoke or to reinstate the 

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

decision. 

[History] Ord. 3 14 (512112); Ord. 171 (6130103); Ord. 103 (1015193). 

Title 16, Chapter 3 

Page 7 
- 

SWINOIvnSH INDIAN TRIBAL COMMUNITY 

SWINOMISH INDIAN RESERVATION 

ORDINANCE AMENDING STC 16, CIthPTER 5 AND ORDINANCE NO. 171 

WHEREAS, the Swinomish Indian Tribal Community (the "Tribe") is a federally 

recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorgauization Act 

of 1934 (25 U.S.C. 8 476); and 

WHEREAS, the Tribe is organized under a Constitution and By-Laws origblly 

ratified by the Tribe on Novembers 16, 1935, and approved by the Secretary of the Interior 

on January 27,1936, and as most recently amended and ratified by the Tribe on September 7, 

1985 and approved by the Secretary of the Interior on October 22,1985; and 

WHEREAS, the Swinomish Indian Senate (the "Senate") is the duly elected 

governing body of the Swinomish Indian Tribal Community and exercises governmental 

authority over ail lands and waters within the Swinomish Indian Reservation; and 

WHEREAS, the Gaming Business Committee recommends that amendments be 

made to Title 16, Chapter 5, Sections .010, .020, ,025, and .030 and new sections be added to 

Title 17, Chapter 3, namely Sections .040 through .090; and 

WHEREAS, this Ordinance includes and incorporates the attachment hereto by 

reference; and 

WHEREAS, the Gaming Business Committee finds that 

(1) In the 1970s, the Tribe designated the north end of the Reservation as a center 

of its economic development: the North End Economic Zone. 

(2) The Tribe has since constructed a bingo hall, a Class 111 casino, bars, a 

mstaunmt, a RV park and a gas stationfconvenience store and roads connecting these 

enterprises as well as parking lots for its customers. 

(3) The Tribe is in the final stages of constructing a destination lodge and 

restaurant in the hopes of attracting additional customers to its casino and bingo hall and gas 

station/convenience store; 

(4) It would be efficient, appropriate and in the best interests of the Tribe fa the 

same committee to oversee the activities of the casino and new lodge; 

(5) Additional powers are required to adequately manage and operate the casino 

and lodge; and 

(6) It is necessary to designate an agent for service of process; and 

WHEREAS, the Gaming Business Committee recommends that this Ordinance be 

enacted by the Senate; and 

Ordinance No. 

Adopted: February 23,2012 

Page 1 of 2 

Last update: 11-07-201 1 
WHEREAS, the Senate adopts the findings of the Gaming Business Committee; and 

WHEREAS, the Senate has reviewed this Mice which includes and 

incorporates the attachment hereto by reference and desires to adopt it; and 

WHEREAS, the Tribal Senate is authorized to take this action pursuant to Article VI, 

Sections l(1) of the Constitution of the Tribe approved January 27, 1936, as amended, and 

pursuant to the inherent sovereign powers of the Swinomish Indian Tribal Community, 

NOW THEREFORE, 

BE IT ENACTED BY THE SWINOMnSH INDIAN SENAm that this Ordinance 

Amending STC 16, Chapter 5 And Ordinance No. 171 including the attachment hereto is 

hereby adopted and approved pursuant to the authority of the Swinomish Constitution and 

By-Laws. 

Swinomish hian senatev 

CERTIFICA'MON 

As Secretary of the Swinomish Indian Senate, I hereby ce- that the foregoing Ordinance 

was approved at a Special Meeting of the Swinomish Indian Senate held on February 23, 

2012, at which time a quorum was present and the Ordinance was passed by a vote of 

FOR, 0 AGAINST, and 0 ABSTENTIONS. 

swhomish Indian Senate u 

Approved pursuant to 209 DM 8, 

230 DM 1,3 IAM 4,4A 

Ordiiaee No. 394 

Adopted: February 23,201 2 

Page 2 of 2 

Last update: I 1-07-20 1 1 
Title 16 - Gaming 

Chapter 5 - Swinomish Gaming Enterprise 

Establishment 

Gaming Enterprise Management Board 

Powers of Gaming Enterprise Management Board 

Records 

Designation of an agent fbr service of process 

Sovereign Immunity 

Federal and Tribal Law 

Repealer 

Severability 

Effective Date 

Legislative History 

Enacted: 

Ordinance 304 Amending Stc 16, Chapter 5 And Ordinance No. 171 (2/23/2012), 

BIA (xx), NIGC (xx). 

Gaming Ordinance, Ord. 171 (6130103), BIA (713/03), NIGC (1013103). 

Repealed or Superseded: 

Ord. 15 1 (4/9102), BIA (6/7102), NIGC (711 7102) (amending Ord. 103). 

Ord. 1 18 (517196), BIA (5123196), NIGC (not requid, 811 5/96) (amending Ord. 

103). 

Gaming Ordinancey Ord 103 (1 W5193), BIA (10/14/93), NIGC (1 1/10/93) 

(repaling Ord. 50). 

Gaming Ordinance, Ord. 50 (315185), Enacting Res. 85-3-13, BIA (3125185). 

16-05.010 Establishment. 

The Swinomish Gaming Enterprise is hereby established as a subordinate economic 

enterprise and subdivision of the Swinomish Indian Triial Community tribal government. 

[History] Ord. 171 (6130103); Ord. 1 18 (517196); Ord. 103 (1015193). 

16-05.020 Gaming Enterprise Management Board. 

(A) Establishment. There is heray established a Gaming Enterprise Management 

Board which shall be made up of at least four (4) members who shall be appointed by the 

Senate. Members of the Senate are eligible for appointment to the Management Board. 

The Tnial Chair shall be an ex officio member of the Management Board, The Senate 
shall select Management Board members so as to ensure that the Board has the requisite 

skill and experience to manage the Gaming Enterprise. The Senate shall designate one of 

the members of the Management Board to serve as Chairperson of the Management 

Board. 

(B) Quorum. A majority of the members of the Management Board shall umstitute a 

quorum. No Board action shall be taken by vote of less than a majority vote of the Bod 

_ members present and voting. 

(C) Reporting. The Board shall report to and be responsiile directly to the Senate. 

(D) Tenn of Office. The term of office shall be for one year. 

Q Removal of Board Member. The Senate may remove a Management Board 

member for any reason The Senate shall promptly appoint a replacement for any Board 

member removed pursuant to this subsection. 

Q Staf'f. The General Managers of the Casino and the hotel, the Director of Finance 

of the Gaming Enterprise, and a representative of the Office of Tribal Attorney shall 

report to and provide assistance as needed to the Management Boar& 

(G) Scheduling of Meetings. The Management Board will meet as often as 

necessary to conduct its business, but no less frequently than monthly. Emergency 

meetings may be held by telephone or electmically via E-mail, during which business 

may be framacted, upon prior actual notice to all Board members, provided that not less 

than a majority of the Board concurs in the proposed action. 

Records of Meetings. The Management Board shall keep complete and accurate 

records of dl meetings and actions taken by the Board. 

1605.025 Powers of Gaming Enterprise Management Board 

The Gaming Enterprise Management Board shall have the following powers and duties: 

(A) Management. To manage the Swindsh Gaming Enterprise for the benefit of 

the Tribe, including. 

(1) Operation: the power to oversee the operation of all activities conducted 

by the Gaining Enterprise and to perfbrm those actions required of it pursuant to 

the provisions of the Swinomish Tnial Code; 
(2) Employ SCallT: the power to employ qualified individuals who shall be 

Executive Committee members of the Gaming Entexprise and to delegate to such 

members such powers or duties as the Board shall deem proper; 

(3) Policies: the power to propose administrative policies, rules and 

regulations consistent with the Swinomish Tribal Code, the Compact, and federal 

law. All proposed rules and regulations shall be submitted to the Senate for 

approval and formal adoption; 

(4) Studies: the power to undertake and carry out studies and analyses of 

gaming and other needs of the Gaming Enterprise, to prepare business plans and 

to execute the same, to operate projects and to provide for the construction, 

reconstruction, improvement, extension, alteration or repair of any project or any 

part thereof; 

(5) Budget: the power to authorize expenditures within the budget approved 

by the Senate. All other expenditures shall be submitted to the Tribal Budget 

Committee and the Senate for approval and fmd adoption; and 

(6) The power to take such further actions as are commonly engaged in by 

other similar gaming enterprises and as the Management Board may deem 

necessary and desirable to effectuate the purposes of the Gaming Enterprise. 

(B) Reports. 

(1) To prep= and submit regular monthly reports to the Senate on the 

operation and thancia1 status of each separate activity of the Gaming Enterprise, 

including any significant problems and accomplishments, plans for the fdlowing 

month, and such other information as the Management Board deems pertinent or 

as requested by the Senate; 

(2) To prepare and submit to the Senate within 120 days after the close of 

each fiscal year an annual report, signed by the Chairperson, showing. 

(a) a summary of the year's activities; 

(b) the complete financial condition of the Gaming Entepise and of 

each of its component businesses; 

(c) any significant problems and accomplishments; 

(d) plans fbr the fbllowing year, and 

(e) such other information as the Management Board deems pertinent 

or as requested by the Senate. 

The fiscal year of the Company shdl be the fiscal year of the Tribe. 

(C) Bank Accounts. To maintain, under the supervEon and subject to the authority 

of the Tnial Treasurer, a such account or accounts as the Gaming Enterprise sees fit. 
@) Records. 

(1) To keep written records accounting for all monies received fiom and 

expended upon the operation of all activities conducted by the Gaming 

Enterprise. The Senate may require the Gaming Enterprise to produce these 

records for inspection without prior notice. 

(2) To establish and operate an accounting system such that entries are made 

in conformity with gendy accepted accounting principles and provide 

ficient tmqmmcy to ensure that the assets of the Gaming Enterprise are 

managed properly. Such accounting system shall insure the availability of 

information as may be necessary to comply with all applicable federal, state and 

Tribal regulatory requirements. 

(3) To cause the accounts and records of the Gaming JWqmise to be audited 

at the close of each fiscal year. 

) Inspection. To inspect during business hours all premises at which any activity 

authorized by this Title takes place including vehicles used in connection therewith. 

(I?) Books. To inspect, examine, and copy all books and records related to all 

operations and activities conducted by the Gaming Enterprise. Such inspection may be 

carried out by a Board member or by an agent, tribal employee, attorney, or independent 

certified public accountant acting on behalf of the Board or the Tribe. 

[History] Ord. 304 (223112); ord. 171 (6/30103); Ord. 151 (419102); ord. 118 (5~1%); 

Ord. 103 (1015/93). 

1605.030 Records. 

All official records of the Swinomish Gaming Enterprise and the Gaming Enterprise 

Management Board shall be kept by the offices of the Gaming Enterprise on behalf of the 

Swinomish Indian Tribal Community. 

16-05.040 Designation of an agent for service of process. 

Consistent with 25 CFR 522.2(g) and 5 19.1, the Tribe shall designate an agent for service 

of any official determination, order, or notice of violation by written notification to the 

National Indian Gaming Commission. 

1605.050 Sovereign Immuuity. 
The Gaming Enterprise shall not waive the Tribe's sovereign immunity in the absence of 

Senate authorizzition. 

[History] Ord. 304 (2123112); 

1605.060 Federal and Tribal Law. 

The Gaming Enterprise shall comply with all requirements of tribal and federal laws and 

the StateTnial Compact, as amended. 

1605.070 Repealer. 

[Reswed] 

If any provision of this Charter or its application to any person or ckcmubmce is held 

invalid, the remainder of this Charter, or the application of the provision to other persons 

or circumstances shall remain in effect. 

[History] Ord. 304 (2/23/ 12); 

1M.090 Effecthre Date. 

This Chapter shall be effective upon approval by the Secretary of the Department of the 

Interior, or the Secretary's designee, and upon approval by the Chairman of the NIGC, as 

necessary.