MAY 3 0 1997 

Honorable Jeff Parker 

President, Bay Mills Indian Community 

Route 1, Box 313 

Brimley, Michigan 497 15 

Dear Mr. Parker: 

This letter responds to your request to review and approve the amendment to the 

tribal gaming ordinance amendment of the Bay Mills Indian Community (Tribe). The 

amendment to the ordinance was adopted by the Tribe on February 24, 1997. This letter 

constitutes such approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming Commission (NIGC), 

the Chair is directed to review amendments to ordinances with respect to the requirements 

of the IGRA and the implementing regulations. Thus, the scope of the Chair's review and 

approval is limited to the requirements of the IGRA and the NIGC regulations. 

Thank you for submitting the amendment to the tribal gaming ordinance of the Bay Mills 

Indian Community. The NIGC staff and I continue to look forward to working with you 

and the Tribe in implementing the IGRA. 

Sincerely, 

Ada E. Deer 

Acting Chair 

cc: Kathryn L. Tierney, Tribal Attorney 

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

GAMING COMMISSION RULES 

RULE 2: KEY EMPL 0 YEE/ PRIMARY MANA GEMENT OFFICIAL 

BA CKGROUND IN VESTIGA TIONS 

(a) Criminal History Checks. The Bay Mills Indian 

Community Tribal Law Enforcement Department shall take 

fingerprints of all persons seeking employment from an 

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

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

desires to serve as a primary management official (defined 

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

immediately transmitted to the National Indian Gaming 

Commission (NIGC) for the purpose of obtaining the 

person1 s criminal history record information (CHRI) . Dissemination of information resulting from the CHRI shall 

be subject to the Memorandum of Understanding with NIGC 

and the Bay Mills Indian Community. 

(b) Criminal History Prohibiting License Issuance. No 

license shall be issued by the Commission for any person 

who : 

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

to a gambling-related offense, fraud, or 

misrepresentation; or 

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

or no contest to any other offense (not specified in 

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

five (5) years, unless such person: 

(i) has been pardoned by the Governor of the 

State in which the conviction occurred, or 

(ii) is a member of the Bay Mills Indian 

Community and has been determined by the 

Commission to be a person who is not likely to 

again engage in any offensive or criminal course 

of conduct and that the public good does not 

require that the license be denied. 

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

misrepresentation" means a criminal offense committed 

in Michigan or any other jurisdiction which involves 

theft, fraud or misrepresentation, which is a felony, 

or would be a felony if committed in Michigan, and 

which was committed by an adult or prosecute as an 

adult offense, and which has not been effectively 

Amended 2-24-97 

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removed from the person's criminal record by executive 

pardon, state court order, or operation of law. 

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

crime under the provisions of the Michigan Penal Code, 

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

being MCL 750.1 to 750.568, or the controlled 

substance provisions of the Public Health Code, Act 

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

MCL 333 -7101 to 333.7545, or, if committed in another 

jurisdiction, would be a violation of any of the above 

provisions of Michigan law, and which was committed by 

an adult or prosecuted as an adult offense, and which 

has not been effectively removed from the person's 

criminal record by executive pardon, state court 

order, or operation of law. 

(c) Background Investigation. Upon receipt of an 

application for employment by a licensed Operator as a key 

employee or primary management official, the Operator 

shall immediately transmit the completed application to 

the Commission for its review. The employment application 

form shall be the basis for conducting the background 

investigation required by federal regulation and tribal 

law, and shall include all information specified in Sec. 

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

employment form (s) approved by the Commission is presumed 

to comply with this Rule and the Tribal Ordinance. 

The Commission shall review the prospective employee's 

employment history and personal background to determine if 

the person is eligible for a license. In making such 

determination, the Commission shall: 

(1) verify the accuracy and completeness of the 

person's employment history and personal background, 

through the contact by appropriate means of present 

and former employers, business partners, customers, 

and such other persons or entities as are appropriate; 

(2) ascertain the existence of any adverse action by 

any gaming licensing authority on a license previously 

or currently issued to the person; 

(3) prepare a written report concerning the results of 

the background investigation, which includes: 

(i) steps taken in conducting the background 

investigation; 

(ii) results obtained; 

(iii) conclusions reached; and 

Amended 2-24-97 
(iv) basis for those conclusions. 

(d) Status of Person Pending Results of Background and 

CHRI Investigation; Temporary License. The Commission 

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

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

the completion of the Criminal History Record Information 

and the background investigations. No temporary license 

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

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

issuing a license to any prospective key employee or 

primary management official, the Commission shall transmit 

to NIGC its background investigation report. A license 

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

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

the Commission is advised by NIGC that said person should 

not be licensed. In such event, the Commission shall 

review the status of the license and determine whether the 

best interests of the Tribe and the public will be served 

and protected if such person is licensed. 

(f) Investigation of Persons Doing Gaming-Related Business with the Bay Mills Indian Community. The 

procedures of this Rule shall apply to any person, 

partnership, association, and stock and non-stock 

corporation with whom the Tribe is, or is contemplating, 

engaging in: 

(1) purchasing gaming equipment or supplies; 

(2) management of gaming activities for the Tribe or 

an Operator licensed by the Commission; or 

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

gaming-related activities. 

CERTIFICATION 

This is to certify that the above Gaming Commission Rule 112, as 

amended through addition of (b)(3) and (4), has been reviewed and 

approved at a meeting of the Bay Mills Executive Council held at Bay 

Mills, Michigan, on the 24th day of February, 1997, with a vote of 4 

for 0 opposed and 1 abstaining and 0 absent. The Tribal Chairman 

must abstain except in the event of a tie. Q &iL J,. 

ANDREW A. LeBLANC, SR. 

Amended 2-24-97 Secretary 

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