Agreed

| Proposed Amendments to Comanche Nation Gaming Ordinance of 2009
Proposal: Amend Sections 102(K), 211, and 310.

PURPOSE: To reduce the breadth and depth of nepotism provisions in the disqualification of
Directors and Commissioners by (1) diminishing the degree of relationship in the definition of
“directly related to” and (2) removing “employees of the gaming operation” as one of the classes
affected by such definition,

Section 102(k) — Persons Ddirectly related to means a spouse, child, parent, grandparent;
grandehitd-auatanelee or sibling-erfiesteousin,

Section 211. Disqualification of Director

The Nation recognizes the importance of an independent Board of Directors in maintaining 1

well-managed gaming operation, and to avoid potential conflicts of interest between the

operation and regulation of the gaming facility, the Nation hereby finds that, at a minimum,
| the following persons are not qualified to te-scrve on the Board of Directors:

(A) Member of the CBC or Commission;.
| (DiGmpleyess-ofehe- gaming opemiion while employed-ascueh:
(GiB) Persons having a direct or indirect financial interest in a gaming management or
operations contract (including any principal or member of a management or other

contracting company);
424(C) Persons directly related to or sharing a residence with any of the above;
| {D)___ Employees of the gamin ration, while empleo’ such;
() Bas ineligible to be licensed as Key Employees or Primary Management
icials;

(F) Tribal and Non-tribal members previously convicted of a felony, of
embezzlement, of theft, or of any other money-related crime or honesty-related
crime (such as fraud).

Section 310, Disqualification of Commissioner
‘The following persons are pot ¢ligible to serve as Commissioners:

(A) CBC members, while serving as such;
| (Biiinployeas-othe caming-opemtanwhileemployed-as-sucks

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| (PE) Persons ineligible to be licensed as Key Employecs or Primary Management
Officials;

| (EF) Tribal and Non-tribal members previously convicted of a felony, of
embezzlcment, of theft, or of any other money-related crime or honesty-related
crime (such as fraud).

Section 504. Ga Prohibited.

Members of the Board of Directors, Board of Directors employees holding gaming licenses lor
all gaming facilities, and-Commissioners, gaming- operation employees. and Commission
employees are prohibited from gambling in the gaming facilities of the Nation. Gaming

operation employees are prohibited from gambling in the specific gaming facility or facilities of
the N: in which they are employed or for which they hold a gaming license.

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| 46(B) Persons having a direst or indirect financial interest in @ management contract,
gaming contractors (including any principal or member of a management or other
contracting company);

£23(C) Persons directly related to or sharing a residence with any of the above;
(D) _ Employees of the saming operion, while emploved as such;

(E) Persons ineligible to be licensed as Key Employees or Primary Management
Officials;

(F) Tribu! and Non-tribal members previously convicted of a felony, of
embezzlement, of theft, or of any other money-related crime or honcsty-related
crime (such as fraud).

Proposal: Amend Section 504,

PURPOSE: Ta permit gaming operation employees to gambling in the Nation's gaming
facilities except as limited by rule of the Board or Commission. (Note: This version still
prevents “surveillance” employees from gambling in the Nation's casinos.)

Section 504. Gambling Prohibited
Members of the Board of Directors-and Comrhissioners, gaming-eperation-amployees-and

Commission employees are prohibited from gambling in the gaming facilities of the Nation.
IN

(BOD Revision: Members of the Board of Directors, Commissioners and Commission
lemployees are prohibited from gambling in the gaming facilities of the Nation. Casino
lemployees are prohibited from gambling in the specific gaming facility where they are
employed.

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September 21, 2009
Via U.S. Mail and Facsimile

Michael Burgess, Chairman
Comanche Nation

P.O. Box 908

Lawton, OK 73502

Fax: 580-492-3796

William Norman, Jr.

Hobbs, Straus, Dean & Walker LLP
117 Park Ave., 2TM Floor

Oklahoma City, OK 73102

Fax: 405-602-9426

RE: Amendment to Comanche Nation Gaming Ordinance
Dear Chairman Burgess and Mr. Norman:

On September 7, 2009, Mr. Norman requested approval of the Tribe’s amendment
to the Comanche Nation’s Gaming Ordinance (gaming ordinance). The Tribe amended
the gaming ordinance on July 11, 2009, via Resolution No. 111-09. In this amendment,
the Tribe modified sections on ethics and nepotism as well as the grounds on which an
applicant for a gaming commission position would be disqualified.

This letter constitutes approval of the amendment because nothing therein
conflicts with the requirements of the Indian Gaming Regulatory Act (IGRA) and the
National Indian Gaming Commission’s regulations.

Thank you for submitting the amendment for review and approval. If you have
any questions, please contact Staff Attorney Rebecca Chapman at (202) 632-7003.

Sincerely, J

(Philip N.
Chairman

NATIONAL HEADQUARTERS 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


Comanche Nation
Resolution No. 111-09

COMANCHE ©

A RESOLUTION OF THE COMANCHE BUSINESS COMMITTEE
AMENDING COMANCHE NATION GAMING ORDINANCE OF 2009

WHEREAS, the Comanche Nation is a federally recognized Indian Tribe with a constitution
approved by the Secretary of the Interior on January 9, 1967, to safeguard tribal
Tights, powers, and privileges to improve the economic, moral, educational, and
health status of its members; and

WHEREAS, on April 16, 2009, the Comanche Business Committee, pursuant to its authority
under Article Vi § 7(j) of the Comanche Constitution, enacted the Comanche
Nation Gaming Ordinance of 2009 (the “Gaming Ordinance”) and now desires
to improve the Gaming Ordinance by making amendments thereto based upon the
recommendations of the Comanche Nation Gaming Board of Directors and the
Comanche Nation Gaming Commission.

NOW THEREFORE BE IT RESOLVED that the Comanche Business Committee ordains the
amendment of Sections 102(K), 211, 310, and 504 of the Gaming Ordinance as shown below
by adding underlined and deleting strikethrough language; provided, that such amendments shall
not become effective until approval by the National Indian Gaming Commission (“NIGC”).

BE IT FURTHER RESOLVED THAT the Business Committee directs the Chairman to obtain
approval of said amendments to the Gaming Ordinance by the NIGC.

BE IT FURTHER RESOLVED THAT immediately upon receipt by the Chairman of written
notification from the NIGC approving the aforesaid amendments to the Gaming Ordinance, such
amendments shall be deemed in full force and effect and incorporated therein.

CERTIFICATION

The foregoing resolution was adopted at a regular meeting of the Comanche Business Committee
held on the 11th day of July 2009, at the Comanche Business Complex, Lawton, Oklahoma, by a
majority vote of Ste, QO against, and _/_ abstaining, a quorum being present.

ATTESTED:

Chur), fyplsaine—

Robert Tippeconni¢/geeretary-T ‘reasurer

COMANCHE NATION P.O. BOX 908 / LAW'LON, OK. 73502
PHONE: 580-492-4988 | TOLL FREE: 1-877-492-4988

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Amendments to Gaming Ordinance of 2009
July 11, 2009

Definitions - Section 102(K) — Persons Bairectly related to means a spouse, child, parent,
gtandparent—grandehild, aunt, uneleor, sibling, or-first-cousin.

Section 211. Disqualification of Director

The Nation recognizes the importance of an independent Board of Directors in maintaining a
well-managed gaming operation, and to avoid potential conflicts of interest between the
operation and regulation of the gaming facility, the Nation hereby finds that, at a minimum,
the following persons are not qualified to te-serve on the Board of Directors:

(A) Member of the CBC or Commission;

(B) Persons having a direct or indirect financial interest in a gaming management or
operations contract (including any principal or member of a management or other
contracting company);

(C) Persons directly related to or sharing a residence with any of the above;

D)___ Employees of the gaming operation, while employed as such:

+E) Persons ineligible to be licensed as Key Employees or Primary Management

Officials;

| ¢EXF) Tribal and Non-tribal members previously convicted of a felony, of
embezzlement, of theft, or of any other money-related crime or honesty-related
crime (such as fraud).

Section 310. Disqualification of Commissioner

The following persons are not eligible to serve on the as-Commissioners:

(A) Member of the CBC membersor Board of Directors: while sesving-as-cuel:

(B) Employees ofthe gaming operation. while employed assoeh:

Persons having a direct or indirect financial interest in a management contract, gaming
contractors (including any principal or member of a management or other contracting
company);

(C) Persons directly related to or sharing a residence with any of the above;

| Employees of the gaming ion, while employed as such;

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