5 2~.

RESOLUTION

NO. 01-56

A Resolution to Adopt the Revised Mecboopda Indian Tribe of Chico Rancheria Class II

and III Gaming Ordinance and Submit the Ordinance to the NIGC

WHEREAS, the Mechoopda Indian Tribe of Chico Rancheria is a sovereign federally

recognized tribe as established pursuant to the Constitution of the Mechoopda

Indian Tribe, approved by the Secretaiial Election on February 1, 1998; and

WHEREAS, the Tribal Council of the Mechoopda Indian Tribe of Chico Rancheria is the

governing body of the Tribe pursuant to Article IV of the Tribal Constitution; and

WHEREAS, the Tribal Council of the Mechoopda Indian Tribe of Chico Rancheria is

authorized by the Tribal Constitution, Article VIII, Section 3(a), to promulgate and

adopt ordinances for the Tribe; and

WHEREAS, we the duly elected Tribal Council of the Mechoopda Indian Tribe of Chico

Rancheria are entrusted with the preservation of our cultural values, and promotion

of the general welfare of the Mechoopda Indian Tribe; and

WHEREAS, the protection, safety and welfare of all persons, including, but not limited to, the

preservation of education, economic and employment opportunities, and

preservation of cultural and natural resources of the Mechoopda Indian Tribe, are

primary goals and objectives of the Tribal Council; and

WHEREAS, the Mechoopda Indian Tribe of Chico Rancheria approved Resolution 01-40 on

August 8, 2001 at a duly called Tribal Council Meeting, approving the amended

Title I, Regulation of Class 11 and Class Il Gaming, of the Mechoopda Indian Tribe

of Chico Rancheria Gaming Ordinance of2001 and adopted the amended Title I by

Resolution 01-40; and

WHEREAS, the Mechoopda Indian Tribe of Chico Rancheria approved Resolution 01-53 on

October 10, 2001 at a duly called Tribal Council Meeting, approving the amended

Title I, Regulations of Class 11 and Class III Gaming, of the Mechoopda Indian

Tribe of Chico Rancheria Gaming Ordinance of 2001 and adopted the amended

Title I by Resolution 01-53; and
.

a

WHEREAS, the Tribal Council has determined that it is in the best interest of the Tribe to revise

Section 4.23 Appeals to Gaming Review Board of Title I, Regulations of Class II

and Class III Gaming, of the Mechoopda Indian Tribe of Chico Rancheria Gaming

Ordinance of 2001 and adopted the amended Title I by Resolution 01-40 and

Resolution 01-53; and

WHEREAS, the Tribal Council has revised Section 4.23 Appeals to Gaming Review Board

as attached in Exhibit A; and

NOW THEREFORE, BE IT RESOLVED, that the Mechoopda Indian Tribe of Chico

Rancheria Tribal Council hereby adopts the revisions of Tribal Ordinance Five,

Section 4.23, as described in Exhibit A and that the Tribal Chairperson is authorized

to execute all documents necessary to implement this Resolution; and

BE IT FURTHER RESOLVED, that the language in the Mechoopda Indian Tribal Gaming

Ordinance Five, including all Titles, shall in no way be construed as a waiver of the

Mechoopda Indian Tribes sovereign immunity.

BE IT FURTHER RESOLVED, that the Tribes attorneys, Monteau, Peebles & Crowell., LLP,

are directed to submit the revised Tribal Gaming Ordinance to the National Indian

Gaming Commission fbr approval.

C*E*R*T*I*F*I*C*A*T*I*O*N

This will certify that the foregoing resolution was considered at a meeting of the Tribal Council

of the Mechoopda Indian Tribe of Chico Rancheria, duly called on the 30th day of October,

2001, and was adopted by a vote of 5 fbr, 0 against, and 0 abstentions. A quorum of 6 was

present.

Dated this 30th day of October, 2001

Steve Santos, Chairman

Mechoopda Indian Tribe of Chico Rancheria

ATTEST:

~ ~..

Mechoopda Indian Tribe of hico Rancheria

I,

.1
EXHIBIT A
4.23 Appeals to Gaming Review Board

4.23.1 Creation of the Gaming Review Board The Tribal Council hereby

establishes the Gaming Review Board, which shall be composed of a Trial

Branch,which ha ~eyiew case de nwo without ar~y admin atiye

deference of fact or law to prior findings,-and an Appellate Branch. The

Gaming Review Board shall have jurisdiction, exclusive of any other

mba eptity..or ib.a çouii~ over all disputes arising out of or in connection

with actions of the Tribal Gaming Commission, including without

limitation, actions challenging any licensing, enforcement, or regulatory

actions of the Tribal Gaming Commission, Tribal Council or Tribe in

connection with the financing, development, construction, or operation of

the~....Gam ~M~gemen ContI-actor or any actions

arising under the terms and conditions of the Management ContractOF

any~actionsthatafisebetweenTI-ib-a1Managementandcustomerspursuant

te-Sethen~:

4.23.2 Procedures Within Ninety (90) days of the appointment of Judges under

Section 4.23.6 below, the Gaming Review Board shall enact reasonable

rules of procedure, which such rules shall be enacted by the Tribal Council

(Rules of the Gaming Review Board). At a minimum, these procedures

must provide any claimant in the Gaming Review Board with a right to a

hearing at both the trial and appellate levels, and the rules must provide

each claimant with due process of law under the Tribes Constitution. In

addition, the rules must incorporate and make binding upon the Judges of

the Gaming Review Board a Code of Judicial Ethics, as that document is

from time to time amended.

4.23.3 Governing Law To the extent Tribal law does not otherwise govern a

dispute the Gaming Review Board shall apply relevant provisions of

California or Federal law.

4.23.4 Remedies The Gaming Review Board shall have full jurisdictions

exclusive of any other tribal entity or tribal court, over cases and

controversies~and authority to provide legal and equitable relief, and to

mandate any remedy which the Gaming Review Board finds justice

req~ires Such authority..sha 1cIu4~,..but...nQtbe mited to,. the power

issue temporary restraining orders~ and to grant preliminary and permanent

injunctive relief, in instances where the Tribe seeks to terminate any

contracts entered into by...the Thhe,... the Tuba c.Qunc or he Gap~jn.g

Commission relating to the grant, denial, revocation, or suspension of any

gaming license cornpelarbitrationtoenferceanyarbitrationorderorother

thsptite-iesolut-iowmeohani~m-prevision~
4.23.5 Findings All findings and orders of the Gaming Review Board shall be in

writing within Ninety (90) days after the dispute is submitted for the

courts consideration.

4.23.6 Appointment of Judges The Tribal Council shall appoint the Judges for

the Gaming Review Board. The Tribal Council shall, when necessity

dictates, appoint four (4) Judges for the Gaming Review Board. Any time

the number of judges falls below four, the Tribal Council shall, within

thirty (30) days appoint such additional judges as necessary to restore the

number ofjudges to four. If the Tribal Council fails to restore the number

of judges to four within thirty (30) days of a vacancy, the remaining

Judges may appoint the judges necessary to restore the number of Judges

to four. All Judges shall be selected frpm apub ciy..av.aijable i.~t of

retired federal or state judges with the following qualifications:

(1) has never been convicted of a felony or any gaming offense;

(2) is not a member of the Tribal Council;

(3) is of sound mind, trustworthy, and of good moral character;

(4), is able to determine in what cases he or she will be disqualified and

is willing to disqualify himself or herself;

(5) is capable of carrying out the duties of the office, including staff

administration and supervision;

(6) is willing to commit, upon public oath or affirmation, to uphold

this Code, the Tribal Constitution and to fairly and impartially

adjudicate all matter before the Gaming Review Board;

(7) shall be subject to the same background and Licensing standards as

Commissioners pursuant to Title I, Section 4.10.5 herein;

(8) shall not engage in any Gaming Activity with the Gaming

Enterprise; and

(9) is not employed by the Gaming Enterprise, nor have any

immediate relatives who are employed by the Gaming Enterprise.

4.23.7 Appeals Trial Branch decisions shall only be appealed to the Appellate

Branch. Appeals from any decision of the Trial Branch shall be heard by

the three judges that did not hear the case in the Trial Branch. Deeisions

oftheAppellateBranchrnaybeappealedtotheTribalCouct:There shall

be no right to appeal Appellate Branch decisions to any State or Federal

Court.
4.23.8 Compensation Judges of the Gaming Review Board shall be compensated

by the Tribal Council in amounts appropriate to the duties and

responsibilities of the office, which compensation shall not be diminished

during a judges continuation in office. The Gaming Review Board shall

have the power to take appropriate action to enforce this subsection.

4.23.9 Recall and Discipline After appointment, Judges of the Gaming Review

Board shall be subject to discipline and removal for cause pursuant to the

Rules of the Gaming Review Board.