f. A description of any existing and previous business relationships
with the gaming industry generally, including ownership interest in
those businesses;

g. 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;

h. 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;

i. For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations), within 10 years of
the date of the application, the name and address of the court
involved and the date and disposition if any;

j. For each criminal charge (excluding minor traffic charges), whether
or not there is a conviction, if such criminal charge is within 10 years
of the date of the application and is not otherwise listed pursuant to
paragraph (2) (h) or (2) (i) of this section, the criminal charge, the
name and address of the court involved and the date and disposition
ifany:

k, 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 was granted;

1. Acurrent photograph;
m. Any other information the TMGC deems relevant; and

n. Key employees and PMO’s fingerprints consistent with procedures
adopted by the Tribe according to 25 C.F.R. 522.2 (h).

4, Whena primary management official or key employee is employed by the
Tribe, a complete application file, containing all of the information listed in
section E (2), shall be maintained.

5. The TMGC shall conduct an investigation sufficient to make an eligibility
determination under subsection E. below. In conducting a background
investigation, the TMGC and its agent shall promise to keep confidential the
identity of each person interviewed in the course of the investigation.

11


Vi. Torres Martinez Gaming Commission
A. Establishment

The General Council hereby creates and establishes the Torres Martinez Desert
Cahuilla Indians Tribal Gaming Commission as an agency of the Tribal Government.

1. The Torres Martinez Desert Cahuilla Indians Tribal Gaming Commission
shall be referred to throughout this Ordinance as the “Tribal Gaming
Commission” or “Commission” or “TMGC”.

2. The TMGC is authorized to regulate all gaming on the Indian lands of the
Torres Martinez Desert Cahuilla Indians. The TMGC shall establish a Tribal
Gaming Agency, which shall carry out the day to day responsibilities and
enforcement of regulation as identified and required under Tribal Law,
IGRA, Tribal/State Compact, this Ordinance, and all regulations promulgated
by the TMGC.

3. The Tribe recognizes the importance of an independent TMGC in
maintaining a well-regulated gaming operation. The Commission shall be
and act independently and autonomously from the Tribal Council in all
matters within its purview. No prior or subsequent review by the Tribal
Council of any actions of the Commission shall be required or permitted
except as otherwise provided in this Ordinance.

B. Organization and Personnel

A. The Tribal Gaming Commission shall consist of Four (4) individuals. The
members of the initial Commission were recommended by the Gaming
Commission Development Committee and affirmed by a majority vote of the
Tribal Council. There shall be at a minimum at least two (2) enrolled
members of the Torres Martinez Desert Cahuilla Indians with two (2)
professional experts as defined on the Tribal Gaming Commission. All Tribal
Gaming Commission members must be at least 21 years of age, must be
deemed suitable after completion of a background investigation, and must
have proof of a High School Diploma or equivalency. Preference will be given
to qualified members of the Tribe for all positions and vacancies on the
Commission. In addition (Non Tribal Members are subject to the following
conditions):

a. Atleast one Commissioner shall have five (5) or more years of law
enforcement experience or casino gaming experience, or a bachelor’s
degree in criminal justice or related field and at least three years of law
enforcement experience or casino gaming experience:

b. Atleast one Commissioner shall have at least five (5) years management
or regulatory experience within the private sector, a gaming facility, or a
governmental agency;


XII. Agent for Service of Process

The Tribe designates the Department Head of the TMGA as the agent for service of
any official determination, order or notice of violation.

XIII. Ordinance Revisions

Revisions to this Ordinance are submitted for approval by the TMGC to the General
Council as necessary.

XIV. Repeal

All prior gaming ordinances are hereby repealed.

15


Vil.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24,

25,

26.

Promulgating and issuing regulations necessary to comply with applicable
internal control standards;

Promulgating and issuing regulations on the levying of fees and/or taxes
associated with gaming license applications;

Promulgating and issuing regulations on the levying of fines and/or suspension
or revocation of gaming licenses for violations of the gaming ordinance, or any
other Tribal, Federal, or State, if applicable, gaming regulations;

Establishing a list of persons not allowed to game in Tribal gaming facilities in
order to maintain the integrity of the gaming;

Establishing a list of persons who have voluntarily asked to be excluded from
Tribal gaming facility and create regulations for enforcing this exclusion;

Providing referrals and information to the appropriate law enforcement officials
when such information indicates a violation of applicable Tribal, Federal, or
State statutes, ordinances, or resolutions;

Creating a list of regulatory authorities that conduct vendor background
investigations and licensing which the Commission recognizes as trustworthy;

Drafting regulations exempting vendors from the licensing and/or background
investigation requirements if they have received a license from a recognized
regulatory authority;

Developing a Code of Conduct to ensure that the Commission and its employees
are held to high ethical standards;

Ensuring that gaming facilities are constructed, maintained and operated ina
manner that adequately protects the environment and the public health and
safety;

Resolving disputes between the gaming public and the Tribe or the management
contractor (if any);

Performing such other duties the Commission deems appropriate to fully
implement the provision of this Ordinance for the proper regulation of the
Tribal gaming operation;

i nt Officials (P!

It is the responsibility of all holders of Gaming Licenses to understand that a Gaming
License is a privilege and not a right. The responsibility also lies with the holder of a
Gaming License to always adhere to all laws and gaming regulations as enumerated
within the Indian Gaming Regulatory Act, the Tribal/State Compact and this
Ordinance, along with all Federal, State and Tribal laws. Failure to do so may be
grounds for suspension and/or revocation of a Gaming License. Copies of all laws
and regulations are available online or from the particular governing body.

7


Cc. Terms

Commissioners shall serve a term of three (3) years and may be removed from
office prior to the end of their term only for good cause and by unanimous vote of
the remainder of the TMGC or by the majority vote of the Tribal Council members at
an open, regular Tribal Council meeting.

1. Inorder to establish staggered terms, the Tribal Council appointed the initial
Commissioners as follows; two shall serve a 1-year term, one shall serve a 2-
year term, one shall serve a 3-year term. After the initial term, all
subsequent terms of appointment shall run for three years.

2. Vacancies resulting from the expiration of a Commissioner's term shall be
filled within sixty (60) days by the Commission, with the approval of Tribal
Council, provided, however, that a Commissioner whose term has expired
shall hold the seat until it is filled, A vacancy shall be deemed to occur when
a Commissioner is removed, resigns, dies, or upon expiration of his or her
term without regard to whether the Commissioner seeks reappointment.
When a vacancy occurs, notice of such vacancy shall be published and
posted, for at least fifteen (15) days. The notice shall identify the
qualifications, if any, specific to the vacancy and request interested parties to
file a statement with the Commission reflecting their qualifications and
interest in serving as a Commission member.

3. Commissioners may hold other non-elective and non-managerial tribal
positions but may not engage in business with or gamble in Torres Martinez
tribal gaming operation.

4. Commissioners shall be compensated at a rate established annually by the
Commission and approved by the Tribal Council. Commissioners shall
receive reasonable payment for attending meetings, trainings, and
conferences and shall be reimbursed for actual expenses incurred on
Commission business, including necessary travel expenses and be provided
with business equipment necessary to carry out their duties in a manner
consistent with the applicable policies and procedures of the Tribe.

D. Officers

1. The TMGC shall select from its membership a Chairperson to serve a three (3)
year term. The Commissioner selected as Chairperson must meet at least one of
the qualifications set forth in Section B.1. (a), (b) or (c) of this Ordinance. The
Chairperson shall be a non-voting member but shall have the power to vote in
order to break a tie vote by the Commission. The Tribal Gaming Commission
shall select annually from its membership a Vice-Chairperson and Executive
Secretary.

2. The Chairperson shall chair TMGC meetings, and shall have the power to
convene special meetings with not less than 48 hours written or verbal notice to
members of the Commission.


c. Atleast one Commissioner shall have an Associate’s Degree in
accounting and at least three years’ experience in a related field or five
years of accounting or related experience may be used in lieu of an
Associate's Degree as determined by the Gaming Commission.

B. Prior to any Tribal Gaming Commission members taking office as a member
of the Commission, the prospective member shall have performed a
comprehensive background investigation. To avoid potential conflicts of
interest between the operation and regulation of the gaming facility, the
Tribe hereby finds that, at a minimum, no person shall serve as a
Commissioner if:

a. The individual's criminal record, if any, reputation, habits, or
associations:

1) Poses a threat to the public interest;
2) Threatens the effective regulation and control of gaming; or

3) Enhances the dangers of unsuitable, unfair or illegal practices,
methods, or activities in the conduct of gaming;

b. The individual has been convicted of, or entered a plea of nolo
contendere to a felony or to a misdemeanor involving dishonesty or
admission of embezzlement in any jurisdiction; or

c. The individual has a direct or indirect financial interest or relationship
to a person or entity holding a valid management contract with the
Tribal or Tribal enterprise; or

d. The individual serves as a member of the Tribal Council; or

e. The individual serves as a member of any Board or committee affiliated
with or involved in gaming, or other governing body of a tribal
Corporation, Sub-Corporation, Enterprise, or other business entity
owned or controlled by the Tribe that conducts gaming; or

f. The individual owns, operates or is employed by any business or other
entity that conducts business with any Torres Martinez Tribal gaming
operation; or

g. The individual is employed by the Tribal Gaming operation.
C. The TMGC shall have the authority to hire and fire all staff required to carry

out its responsibilities under this Ordinance pursuant to the personnel
policies governing employment.


3. Awritten record of all removal proceedings together with the
charges and findings thereon shall be kept by the Tribal Council
Secretary.

4, Removal: The decision of the Tribal Council upon the removal of
a Tribal Gaming Commissioner shall be final.

F. The Tribal Gaming Commission shall adopt bylaws for the conduct of its business,
including, but not limited to, provisions for the adoption of policies, procedures,
regulations, or other rules for:

1. Conducting background investigations;

2. Identifying a law enforcement agency that will take finger prints and describe
procedures for conducting a criminal history check by a law enforcement
agency;

3. Reporting the results of background investigations to the NIGC and the State
Gambling Control Commission;

4. Obtaining and processing fingerprints, or designating a law enforcement agency
to obtain and process fingerprints;

5. Making licensing suitability determinations, which shall be approved and signed
by the Chairman of the Gaming Commission or designee;

6. Issuing gaming licenses to Primary Management Officials and key employees;

7. Issuing gaming licenses to management officials and employees of the operation,
consistent with the suitability determination;

8. Establishing standards for licensing Tribal gaming operations;

9. Issuing facility gaming licenses to Tribal gaming operations

10. Inspecting, examining and monitoring all gaming activities, with immediate
access to review, inspect, examine, photocopy and audit all records of the

gaming establishment;

11. Ensuring compliance with all applicable Tribal, State, and Federal laws, rules,
and regulations regarding Indian gaming;

12. Investigating any suspicion of wrongdoing associated with any gaming
activities;

13. Holding hearings on patron complaints, on compliance with procedures
established in the gaming ordinance and other Tribal gaming regulations;

14. Complying with any and all reporting requirements under the IGRA, the Tribal-
State compact to which the Tribe is a party and any other applicable law;

6


sONAL 'No,
= %
5 of
ay
Ms oe
CS com

January 08, 2020

Mary Resvaloso, Chairwoman

Torres Martinez Gaming Commission
3089 Norm Niver Road

Salton Sea Beach, CA 92274

Re: Amended Gaming Ordinance

Dear Chairwoman Resvaloso:

This letter is to inform you that the Torres Martinez Desert Cahuilla Indian
Gaming Ordinance enacted by Resolution #TM-09-19-005, and was submitted to the
NIGC on October 2, 2019, is approved by operation of law.

Under the Indian Gaming Regulatory Act, the NIGC Chair has ninety days from
the date of submission to either approve or disapprove a gaming ordinance.! A gaming
ordinance that is not acted upon by the end of the ninety day statutory period is
considered approved by the Chair so long as the provisions are compliant with IGRA.2
Because the Chair did not take action within the ninety day period, the Torres Martinez
Desert Cahuilla Indian Gaming Ordinance is considered approved to the extent that it is
consistent with IGRA. To that end, it is the opinion of the Office of General Counsel that
the gaming ordinance complies with IGRA and NIGC regulations.

If you have any questions, please feel free to contact NIGC Staff Attorney Austin

Badger at (202) 632-1594.
Sincerely,
| fil x
Hho the —

Michael Hoenig

125 U.S.C. § 2710(e).
21d.


B. License Application Forms

1. The following notice shall be placed on the Tribe’s 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 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 by the Tribe or the NIGC 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 NIGC in
connection with, 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
being unable to license you in 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.

2. Existing key employees and primary management officials shall be notified
in writing that they shall either.

a. Complete a new application form that contains a Privacy Act notice;
or

b. Sign a statement that contains that Privacy Act notice and consent to
the routine uses described in that notice.

3. The following notice shall be placed on the application form for the key
employee or a primary management official before that form is filled out by
an applicant:

A false statement on any part of your application may be grounds for denying a
license or the suspension or revocation of a license. Also, you may be punished by
fine or imprisonment. (U.S. Code, title 18, section 1001)

4. The TMGC shall notify in writing existing key employees and primary
management officials that they shall either:

a. Complete a new application form that contains a notice regarding
false statements; or
b. Sign a statement that contains the notice regarding false statements.


The TMGC shall ensure that the policies and procedures set out in this section are
implemented with respect to key employees and primary management officials
employed at any Class II and III gaming enterprise operated on Indian lands:

A. Definitions
For the purposes of this section, the following definitions apply:

1. Key employee means
a. Aperson who performs one or more of the following functions:

Bingo caller;

Counting room supervisor

Chief of security;

Custodian of gaming supplies or cash

Floor manager

Pit boss,

Dealer;

Croupier

Approver of credit; or

0. Custodian of gambling devices including persons with
access to cash and accounting records within such
devices,

RO RMNANSWNP

b. If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year; or

c. Ifnot otherwise included, the four most highly compensated persons in
the gaming operation.
2. Primary management official means (PMO)

a. The person having management responsibility for a management
contract;

b. Any person whose authority:
1. To hire and fire employees; or
2. To set up working policy for the gaming: or

c. The chief financial officer or other person who has financial
management responsibility.

d. Any Gaming Corporation Member

e. No Tribal Council Member can sit on the Gaming Commission at any
capacity either as a member or elected official.


3. The Department Head of the TMGA shall be the agent for service of process.

4. The Vice-Chairperson shall Chair TMGC meetings when the Chairperson is
unavailable.

5. The TMGC Secretary shall keep minutes of meetings and provide a copy to the
Tribal Council.

6. General Sessions of the Commission shall be open to the Tribe.

7. Executive sessions of the Commission shall not be open to the Tribe. The
Commission may take official action only while in executive session on
Commission personnel and licensing matters.

8. A quorum shall consist of three members. All decisions shall be made by a
majority vote and that no Commission action shall be taken by a vote of less than
a majority of the full Commission, unless indicated otherwise in this Ordinance.

E. Vacancies
1. A Commissioner's seat shall be immediately vacant upon:

a. Conviction of any felony, conviction of any misdemeanor related to
illegal gambling or bribery, or upon having three (3) consecutive
unexcused absences from Commission meetings.

b. A Tribal Gaming Commissioner’s removal by the Tribal Council for good
cause based on neglect of duty, improper and unlawful execution of duty,
nonfeasance, misconduct in office, or for any conduct which threatens
the honesty and integrity of the Tribal Gaming Commission or otherwise
violates this Ordinance.

1. No Tribal Gaming Commissioner may be removed without notice
and an opportunity for a hearing before the Tribal Council, and
then only after the Commissioner has been given written notice
of the specific charges at least ten (10) days prior to such
hearing. At any such hearing, the Commissioner shall have the
opportunity to be heard in person or by a representative and to
present witnesses on his behalf.

2. Temporary Suspension: if the Tribal Council or Tribal Gaming
Commission determines that immediate suspension of a Tribal
Gaming Commissioner is necessary to protect the interest of the
Tribe, the Tribal Council may hold a preliminary hearing with the
Commissioner to consider whether to suspend the
Commissioner temporarily, Permanent removal shall be
determined thereafter pursuant to Commission hearing
procedures.


Tl.

Ti.

Iv.

Torres Martinez Desert Cahuilla Indian

Tribe, Tribal Code
Torres Martinez Desert Cahuilla Indians
AMENDED CLASS II and TT GAMING ORDINANCE
Adopted April 10, 1999
Amended September 9, 2006
Amended April 12, 2008
Amended September 30, 2019

Purpose

The Torres-Martinez Desert Cahuilla Indians, empowered by the Tribe’s constitution to
enact ordinances, hereby enacts this ordinance in order to set the terms for Class II and II
gaming operations on tribal lands.

Gaming Authorized

Class II and III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-97,
25 U.S.C. Section 2703(7) and Section 2703 (8) (“IGRA”) and by the regulations
promulgated by the National Indian Gaming Commission 25 C.F.R. 502.3 and
502.4 (as published in the Federal Register at 57 FR 12382- 12393, April 9,

1992) is hereby authorized.

i ami

The Tribe shall have the sole propriety interest in and responsibility for the conduct
of any gaming operation authorized by this ordinance.

Use of Gaming Revenue

A. Net revenues from Class II and III gaming shall be used only for the following
purposes: to fund tribal government operations and programs; provide for the
general welfare of the Tribe and its members; promote tribal economic
development; donate to charitable organizations, or help fund operations of
local government agencies.

B. Ifthe Tribe elects to make per capita payments to tribal members, it shall
authorize such payments only upon approval of a plan submitted to the
Secretary of the Interior under 25 U.S.C. 2710 (b) (3).

Protection of Environment and Public Health and Safety

Class II and III gaming facilities shall be constructed, maintained and operated in a
manner that adequately protects the environment and the public health and safety.


E. Eligibili inatio:

The TMGC 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 the granting of a gaming license.
Ifthe TMGC determines that licensing 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, a tribal gaming operation shall not license that person in a key employee or
primary management official position.

Copies of the eligibility determination shall be included with the notice of results
that must be submitted to the NIGC before the licensing of a primary management
official or key employee.

F. i
ional Indi ‘in: ission

1. Whena key employee or primary management official begins work at a
gaming operation authorized by this ordinance, the TMGC shall forward to
the National Indian Gaming Commission a completed application for
employment and conduct the background investigation and make the
determination referred to in subsection E of this section.

2. The TMGC shall forward the notice of results referred to in subsection G of
this section to the National Indian Gaming Commission within 60 days after
an applicant begins work.

3. The gaming operation shall not employ as a key employee or primary
management official person who does not have a license after 90 days.

G. Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection F of this section, the TMGC
shall create, maintain and forward to the National Indian Gaming
Commission an “notice of results” on each background investigation. An
notice of results shall include all of the following:

Steps taken in conducting a background investigation;
The applicant’s name, date of birth, and social security number;

c. The date on which the applicant began, or will begin, working as a
primary management official or key employee;

d. Asummary of the information presented in the investigative report,
including;
i. Licenses that have previously been denied;
ii. Gaming licenses that have been revoked, even if subsequently
reinstated;

12


Vill.

Ix.

xX.

XI.

Li S F iR F

1.

If after the issuance of a gaming license, to a primary management official or key
employee the TMGC 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 subsection E. above, the TMGC shall
suspend such license and shall notify in writing the licensee of the suspension
and the proposed revocation.

The TMGC shall notify the licensee of the time and place for a hearing on the
proposed revocation of a license.

The right to a revocation hearing vests only when a license is granted under an
ordinance approved by the NIGC Chair.

After a revocation hearing the TMGC shall decide to revoke or to reinstate a
gaming license. The TMGC shall notify the National Indian Gaming Commission
of its decision to revoke or reinstate a license within 45 days of the receiving
notification from the NIGC that a primary management official or key employee
is not eligible for employment.

Audit

A

B.

._ The Tribe shall cause to be conducted annually an independent audit of gaming

operations and the TMGC shall submit the resulting audit reports to the National
Gaming Commission within one hundred twenty (120) days of the fiscal year
end of the gaming operation.

All gaming related contracts that result in the purchase of supplies, service, 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.

icens cati

The TMGC shall issue a separate license to each place, facility, or location on Indian
lands where Class II and III gaming is conducted under this ordinance.

Envi 1 Public Health and Saf

Each gaming facility shall be constructed, maintained, and operated in a manner that
adequately protects the environment and the health and safety of the public.

P. Gaming Di

Patron gaming disputes will be resolved pursuant to Patron Disputes Regulations
duly adopted by the Torres Martinez Desert Cahuilla Indians Gaming Commission.

14


Resolution #TM-09-19-005

BE IT FINALLY RESOLVED, that the Tribal Chair is authorized, empowered, and directed to
take or direct to be taken, such further and additional action as the Tribal Chair reasonably
determines to be necessary or appropriate in the interest of the Tribe to effectuate and implement the
intent, purpose, and objectives of this Resolution.

CERTIFICATION

|, Thomas Tortez, the duly-elected Tribal Chair of the Torres Martinez Desert Cahuilla Indians do
hereby certify that the foregoing Resolution was adopted by the Tribal Council at a properly called
meeting with a quorum present held on September 30, 2019 by vote of ‘S__ in favor, <) opposed,
and ¢ abstained.

knit [Let
Thomas Tortez, Tribal Chairman

ala ; a \
/\ \ rf
- ah Vode ay wt ( (LYdo

Altrena Santillanes, Tribal Secretary



Resolution #TM-09-19-005
TORRES MARTINEZ DESERT CAHUILLA INDIANS
P.O. Box 1160
Thermal CA 92274

RESOLUTION #TM-09-19-005

RESOLUTION OF TRIBAL COUNCIL
FURTHER AMENDING GAMING ORDINANCE

WHEREAS, the Torres Martinez Desert Cahuilla Indians (“Tribe”) is a federally recognized
Indian tribe exercising jurisdiction over the Torres Martinez Indian Reservation (“Reservation”) located
in Riverside and Imperial Counties, California;

WHEREAS, the Tribe adopted a Constitution which provides in Article V that the General
Council shall be the governing body of the Tribe and shall be composed of all enrolled members of
the Tribe eighteen years of age or older;

WHEREAS, the Tribe’s Constitution further provides in Article VII that the General Council
shall have the power and responsibility to adopt ordinances;

WHEREAS, the General Council previously adopted a Gaming Ordinance on April 10, 1999 to
allow for Class III gaming that was approved by the Chairman of the National Indian Gaming
Commission on March 6, 2000;

WHEREAS, the General Council then amended that Ordinance on September 9, 2006 to
create and establish a Gaming Commission that was approved by the Chairman of the National
Indian Gaming Commission on December 12, 2006;

WHEREAS, the Tribal Council, through emergency action, then amended the Ordinance on
April 12, 2008 to allow for Class II gaming that was approved by the Chairman of the National Indian
Gaming Commission on July 25, 2008; and

WHEREAS, the Tribal Council through emergency action now wishes to amend the Gaming
Ordinance to bring into compliance with current federal law and incorporate changes suggested by
the National Indian Gaming Commission, Tribal Gaming Commission, and the Torres Martinez
General Membership.

NOW THEREFORE BE IT RESOLVED, by the Tribal Council of the Torres Martinez Desert
Cahuilla Indians that the Tribal Council through emergency action does hereby amend the Tribe's
Gaming Ordinance and does hereby replace it with the attached Amended Class II and Class III
Gaming Ordinance.

BE IT FURTHER RESOLVED, that the Tribal Council submits through emergency action this
Resolution and attachment to the National Indian Gaming Commission and requests immediate
approval of the attachment by the Chairman of the National Indian Gaming Commission or his

designee.
1


C. Fingerprints

The Tribe shall perform a background investigation for each primary management
official and key employee of the gaming operation. The Tribe shall request
fingerprints from each primary management official and key employee. Fingerprints
shall be taken by the TGA Backgrounds Investigator; fingerprints will then be
forwarded to the NIGC for processing through the Federal Bureau of Investigation
(“FBI”) and the National Criminal Information Center to determine the applicant’s
criminal history, if any.

D. Background investigations

1.

The Tribe shall perform a background investigation for each primary
management official and key employee in its gaming operation according to
requirements that are as stringent as those in 25 CFR parts 556 and 558.

Before issuing a license to a primary management official or to a key
employee, the TMGC shall create and maintain an investigative report on
each background investigation. An investigative report shall include all of
the following:

a. steps taken in conducting the background investigation;
b. results obtained;

c. conclusions reached; and

d. the basis for those conclusions”

The TMGC shall obtain from each primary management official and key
employee all of the following information:

a. Full name, other name used (oral or written), social security
number(s), birth date, place of birth, citizenship, gender, all
languages (spoken or written);

b. Currently and for the previous 5 years: business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and driver's license numbers;

c. 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 paragraph (2)(b) of this section;

d. Current business and residence telephone numbers and all cell
phone numbers;

e. A description of any existing and previous business relationship with
Indian tribes, including ownership interests in those businesses;

10


iii. Every known criminal charge brought against the applicant
within the last 10 years of the date of the application; and

iv. Every felony offence of which the applicant has ever been
convicted or any ongoing prosecution; and

2. Ifa license is not issued to an applicant, the TMGC:
a. Shall notify the National Indian Gaming Commission; and

b. Forward copies of its eligibility determination and “notice of results
“to the National Indian Gaming Commission for inclusion in the
Indian Gaming Individuals Records System.

3. With respect to key employees and primary management officials, the
TMGC shall maintain a file that contains the application, investigative
reports and eligibility determination for inspection by the Chairman of the
National Indian Gaming Commission or his or her designee for no less than
three (3) years from the date of termination of employment.

H. Granting a Gaming License

1.

All primary management officials and key employees of the gaming operation
must have a gaming license issued by the Tribe. The Tribal Gaming Commission
is responsible for granting and issuing gaming licenses to primary management
officials and key employees. The Tribal Gaming Commission shall notify the
NIGC of the issuance of a license to a primary management official or key
employee within 30 days of issuance.

The TMGC shall respond to a request for additional information from the
Chairman of the National Indian Gaming Commission concerning a key
employee or a primary management official who is the subject of a notice of
results. Such a request shall suspend the 30-day period under paragraph. H. 2. of
this section until the Chairman of the National Indian Gaming Commission
receives the additional information.

If, within the thirty (30) day period described above, the National Indian Gaming
Commission provides the TMGC with a statement itemizing objections to the
issuance ofa license to a key employee or to a primary management official for
whom the TMGC has provided a notice of results to the National Indian Gaming
Commission, the TMGC shall reconsider the application, taking into account the
objections itemized by the National Indian Gaming Commission. The TMGC shall
make the final decision whether to issue a license to such applicant.

The Tribe shall not employ an individual in a primary management official or
key employee position who does not have a license after 90 days of beginning
work at the gaming operation.

If the TMGC has issued a license to a primary management official or key
employee before receiving the NIGC’s statement of objections, notice and a
hearing shall be provided to the licensee, as required by Section (I).

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