orJAL 

DEC 19 2005 

VIA FACSIMILE ®ULARMAE 

Wallace Coffey 

Chairman 

Comanche Nation 

P.O. Box 908 

Lawton, Oklahama 73502 

Fax: (580) 492-3796 

William R Noman, Jr. 

Hobbs, SWws, Dean & Walker, LLP 

117 Park Avenue, 2* flwr 

Oklahoma City, Oklahoma 73 102 

Fax: (405) 602-9426 

Re: Gaming Ordinance of the Comanche Nation 

Dear Chairman Coffey and Mr. Norman: 

This letter responds to Mr. Nomads request to the National Indian Gaming 

Commission (NGC) on behalf of the Comanche Nation to review and approve the 

Natiods newly enacted gaming ordinance. The ordinance was adopted by the Natiods 

Business Committee via Resolution No. 103-05 on December 3,2005. 

This letter constitutes approval under ttze Indian Gaming Regulatory Act (IGRA), 

25 U.S.C. 4 2701 et seq., of the enclosed Gaming Ordinance. Approval does not 

constitute approval of specific games. In addition, the ordinance is approved for ghg 

only on Indian lands, as dehed in the IGRA, over which the Nation possesses 

jurisdiction and exercises governmental power. 

Thank you for submitting the ordinance for The NIGC staff 

have questions or require fb-ther assistance, please 

Senior Attorney, at 202-632-7003. 

and I look forward to working with you and the 

Chairman 

Enclosure 

cc: Tim Harper, Region V Director (with Enclosure) 

wnmu HE&WUA~EIIS 1441 L St. NW. Suite 9100, WdShinflon, M ZOOOS Tel: 201.632.7MJ3 Fax: 202.632.7066 WW-NIGC.~~~ 

REGK~~AL ORICES hRla4. OR: Sacnmento, CA; Phoenix. AZ: St. Paul, MN; Tuls, OK 
Section 101. Purpose . 

The Comanche Business Committee ("CBC"), empowered by the Comanche Nation 

Constitution to enact ordinances, hereby enacts this ordinance in order to govern Class IT 

and Class EI gaming operations on the Nation's Indian lands. 

Section 102. Definitions 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein 

shall have the same meaning as defined in the Indian Gaming Regulatory Act ("IORA"), 

25 U.S.C. § 2701 etseq., and its regulations, 25 C.F.R. 4 501 et seq. Specifically: 

(a) Board of Directors means the Tribal Gaming Board of Directors, who shall serve as 

primary management officials in overseeing the General Manager and the day-to-day 

non-regulatory aspects of the gaming operation. 

(b) CIass I gaming means social games solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in by individuals as a part of, or in connection with, 

tribal ceremonies or celebrations. 

(c) Class I1 gaming means: 

(1) The game of chance comrnody known as bingo (whether or not electronic, 

computer, or other technologi~ aids me used in connection therewith): 

(A)which is played for prizes, including monetary prizes, with cards bearing 

nmbers or other designations, 

@)in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or. electronically 

determined, and 

(C) in which the game is won by the first person covering a previously designated 

arrangement of numbers or designations on such cards, including (if phyed in 

the same location) pull-tabs, lotto, punch boards; tip jars, instant bingo, and 

other games similar to bingo, and 

(2) Czurf games that: 

(A)are explicitly authorized by the laws of the State, or 

(B) are not explicitly prohibited by the laws of the State and are played at any 

location in the State, but only if such card games are played in conformity 

with those laws and regulations (if any) of the State regarding hours or periods 

of operation of such card games or limitations on wagers or pot sizes in such 

card games. 

(3) The term "class I1 gaming" does not include: 

(A)any batlking card games, including baccarat, chemin de fer, or blackjack (21), 

or 

Page I of 20 
1 

.. * COMANCHE NATION GAMING ORDINANCE 

(B) electronic or electromechanical facsimiles of any game of chance or slot 

machines of my kind. 

(d) CIass III gaming means all forms of gaming that are not class I gaming or class II 

gaming. 

(e) Commission means the Tribd Gaming Commission established to pedom regulatory 

oversight and to monitor compliance with Tribal, Federal, and applicable State laws 

and regulations. 

(f) Commissioner means a Tribal Gaming Commissioner. 

(g) Compact mems a Tribal-State Compact concerning class III gaming approved by the 

Secretary of the Interior and published in the Federal Register pursuant to 25 U.S.C. 5 

271 0(d). 

(h) Complimentary shall have the meaning as set forth in 25 C.F.R. §542.2(a). 

(i) Confidential Informati,on means all private and proprietary Comanche Nation, Tribal 

Gaming Board of Directors, and Tribal Gaming Commission information that may 

have a significant adverse impact on the Nation, tbe Gaming Board of Directors, 

Gamhg Commission, the Nation's employees, patrons, and vendors if it is 

compromised. Confidential Information requires stsong custody and access 

procedures, and is available ody to authorized groups or .fUnctions on a 'heed to 

how" basis. Comanche ati ion Coni3dentiaI Information includes information that if 

compromised may have a significant impact on our customers, employees, and 

vendors. 

Cj) DirectIy related to means a spouse, child, parent, grandparent, grandchild, aunt, uncle, 

sibling, or fist cousin. 

(k) Director means a Member of the Tribal Gaming Board of Directors. 

(1) Indian lands means: 

(I) all lands within the limits of the Nation's reservation; 

(2) any Iands title to which is either held in trust by the United States for the benefit 

of the Nation or individual or held by the Nation or individual subject to 

restriction by the United States against alienation and over which the Indian 

Nation exercises governmental power; and 

(3) for all lands acquired into trust for the benefit of an Indian tribe af€er October 17, 

1988, the lands meet the requirements set forth in 25 U.S.C. 2719. ' 

(m) Key Employee mems: 

(1) A person who perfom one or more of the following functions: 

(A) Bingo caller; 

(l3) Counting room supervisor; 

(C) Chief of security; 

Page 2 of 20 
I 

- - COMANCHE NATION GAMING ORDJNANCE 

@) Custodian of gaming supplies or cash; . 

(E) Floor manager; 

(F) Pit boss; 

(G) Dealer; 

(H) Croupier; 

(I) Approver of credit; or 

(J) 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 most highly compensated persons in the gaming 

operation. 

(n) Nation means the Comanche Nation. 

(0) Net Revenues means gross gaming revenues of an Indian gaming operation less 

(I) Amounts paid out as, or paid for, prizes; and 

(2) Total gaming-related operating expenses, excluding management fees. 

(p) Person having a direct or indirect financial interest in a management contract 

rnems: 

(1) When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

(2) When a trust is a party to a maflagement contract, my beneficiary or trustee; 

(3) When a partnership is party to a management contract, any partner; 

(4) When a corporation'is a party to a management contract, any person who is a 

director or who holds at least 10% of the issued and outstanding stock alone or in 

combination wit another stockholder who is a spouse, parent, child or sibling; or 

(5) When an entity other than a natural person has an interest in a trust, partnership or 

corporation that has an interest in a management contract, all parties of that entity , 

are deemed to be persons having' a direct financial interest in a management 

contract. 

(q) Primary Management Official means: 

(I) The person(s) having management responsibility for a management contract; 

(2) Any person who has authoriw 

(A) To hire and fire employees; 

(B) To set up working policy for the gaming operation; or 

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

responsibilityY 

Page 3 of 20 
, - COMANCECE NATION GAMING ORDINANCE 12-3-05 

(r) Per Capita Payment means the distribution of money or other thing of value to all 

members of the Nation, or to identified groups of memkrs, which is paid directly 

from the net revenues of any tribal gaming activity. 

Section 103. Gaming Authorized 

Class I1 and Class 111 gaming are hereby authorized. Any Class 111 gaming sha.11 be 

conducted in accordance with a compact or Secretasid procedures approved by the 

Secretary of the Interior. In any conflict between this Ordinance and the effective 

Tribal-State Compact or Secretarial procedures, the relevant Compact provision{s) or 

Secretarial procedures shall apply. 

Section 104. Ownership of Gaming 

The Nation shall have the sole proprietary interest in and responsibility for the conduct 

of any gaming operation authorized by this ordinance. 

Section 105. Use of Gaming Revenue 

(a) Net revenues from tribal gaming shall be used only for the following purposes: 

(1) To fund tribal government operations and programs; 

(2) To provide for the general welfare of the Nation and its members; 

(3) To promote tribal economic development; 

(4) To donate to charitable organizations; or 

(5) To help fund operations of local government agencies. 

Section 106. Per Capita Payments 

(1) The Nation shall authorize and issue such payments only in accordance with a 

revenue allocation plan submitted to and approved by the Secretary of the Interior 

under 25. U.S.C. 9 271 0(b)(3). 

Section 107. Board of Directors 

(a) In addition to the General Manager for fie hility, there shall be established a Tribal 

Gaming Board of Directors which shall serve in a management oversight role over the 

General Manager and the day-to-day operations of the gaming operation In the event 

that the Nation enters into a management contract approved by the NIGC, the Board 

may delegate some or all duties to the approved management contractor. The Board 

of Directors shall oversee all non-regulatory aspects of the gaming operation. 

Regulation of the gaming operation shall be the sole responsibility of the Tribal 

Gaming Commission. 

(b) The Board of Directors sM1 consist of three (3) members; a Chairperson, ViceChairperson, and a Director. 

(c) Terms of office for members of #.he Tribal Gaming Board of Directors shall be as 

follows: 

Page 4 of 20 
COMANCHE NATION GAMING ORDINANCE 12-3-05 

(A) The Chairperson shall serve an initial term of three yeas, with subsequent 

Chairpersons serving three-year terms. 

(B) The Vice-Charpewson shall serve an initial term of two years, with subsequent 

Vice-Chairpersons serving three-year terms. 

(C) The other director shall serve an initial term of one year, with subsequent 

Directors serving three-year terms. 

(d) The members of the Board shall be, subject to the same background requirements as 

key employees, primary management officials, and gaming commissioners, and must 

be licensed accordingly. 

(e) The minimum requirements for appointment as a member of the Board of Directors are 

as follows: 

(1) At Ieast two of the following: 

(A) Degree in Business Administration, Accounting, Marketing, or an equivalent 

field; 

(B) Minimum five (5) years experience in business management; 

(C) Minimum two (2) years experience in casino management; or 

(D) Demonstrated howledge of federal Indim law, the Indian Gaming 

Regulatory Act, and related statutes and regulations. 

(0 The Board of Directors shall pedorm the following duties: 

(I) Monitor and oversee the day-to-day operations of the gaming facility, whether 

managed by a tribal employee or by an approved management contractor; 

(2) Inspect and examine on a periodic basis all books, records, and papers of the 

gaming facility; 

(3) Set burs of operation for the gaming facility; 

(4) Set wager limits; 

(5) Oversee development and/or approval of marketing plans; 

(6) Oversee the interview, selection, and training of employees of the gaming 

opemtion; 

(7) Establish employee policies, rates of pay, and hours of work; 

(8) Adopt an annual operating budget, subject to CBC approval; 

(9) Enter in6 contracts on behalf of the ping facility, subject to CBC approval and 

NTGC review if applicable; d 

(10) Any other duties necessary to monitor and oversee management of the gaming 

operation. 

(g) Board of Director positions shall be filled in the following manner: 

(1) The Chairman of the comancde Nation shall identie and nominate a qualified 

candidate for any vacancy on the Board of Directors. Nominees shall bePage 5 of 20 
COMANCHE NATION GAMING ORDINANCE 

confirmed by a majority of the CBC before becomhg members of the Board of 

Directors. 

(h) Nation recognizes the importance of an independent Tribal Gaming Board of 

Directors in maintaining a well-managed gaming operation. To avoid potential 

conflicts of interest between the operation and regulation of the gaming facility, the 

Nation hereby finds that, at a minimum: 

(I) No member of the CBC or Tribal Gaming Commission may serve on the Board of 

Directors; 

(2) No person directly related to or living with any CBC member or Tribal Gaming 

Commissioner may serve on the Board of Directors; 

(3) Members of the Board of Directors are prohibited from gambling in the gaming 

facilities; 

(4) Members of the Board of Directors are prohibited fiom accepting complimentary 

items from the gaming operation; arid 

(5) No person having a direct or indirect financial interest in a management contract, 

or in any gaming operation, may serve on the Board of Directors. 

(i) Members of the Board of Directors may be removed from ofice by the CBC prior to 

the expiration of their respective terms only for neglect of duty, misconduct, 

malfeasance, or other acts that would render the Director unqualified for hisher 

position. When the CBC believes that a removal is appropriate, it shall so notify the 

Director(s) and hold a hearing on the matter. The CBC may opt to preliminarily 

remove the Director pending the hearing. At the hearing the Director may provide 

evidence rebutting the grounds for hisher removal. A vote of the CBC on the validity 

of the preluninary removal shall be final and not subject to further appeal. A finding 

by the CBC that the preliminary removal was wrongful shall entitle the affected 

Director to compensation for expenses incurred in appealing the wrongful removal, 

and shall entitle the Director to any pay withheld. 

Cj) Members of the Tribal Gaming Board of Directors shall be compensated at a level 

determined by the CBC. 

(k) Nothing herein shall prevent the CBC from organizing the Tribal Gaming Board of 

Directors into a corporation, agency, or other business entity. 

Section 108. Gaming Commission 

(a) The Nation hereby establishes a Tribal Gaming Com&ssion whose duty it is to 

regulate tribal gaming operations. The Tribal Gaming Commission shall consist of 

three (3) members at least one of whom shall be an enrolled member of the Comanche 

Nation. There shall be among them a Charperson, Vice-Chairperson, and one 

additional Commissioner. 

@) The purpose of the Tribal Gaming Commission is regulatory, not managerial; The 

Commission will conduct oversight to ensure compliance with Tribal, Federal, and, if 

applicable, State laws and regulations. The Commission will serve as the licensing 

authority for individuals employed in the gaming operation and will administer 
COMANCHE NATION GAMLNG ORDINANCE 12-3-05 

bitckground investigations as part of the licensing process. The Commission will also 

have a role in monitoring compliance with the internal controls for the gaming 

operation and in tracking revenues. In order to carry out its regulatory duties, the 

Commission shall have unrestricted access to all areas of the gaming operation and to 

all records. The Commission shall have authority to take enforcement actions, 

including suspension or revocation of an individual gaming license when appropriate. 

(c) The Nation recognizes the importance of an independent Tribal G&g Commission 

in maintaining a well-regulated gaming, operation. The Commission shall be and act 

independently and autonomously fiom the CBC in all matters within its purview. No 

prior or subsequent review by the CBC of any actions of the Commission shall be 

required or permitted except as otherwise explicitly provided in this Ordinance. 

. To avoid potential conflicts of interest between the operation and regulation of the 

gaming facility, the Nation hereby finds that, at a minimum: 

(I) No member of the CBC or Tribal Gaming Board of Directors may serve on the 

Gaming Commission; 

(2) No member directly related to or living with any CBC member or Tribal Gaming 

Board of Directors member may serve on the Gaming Commission; 

(3) Members of the Gaming Commission, as well as all gaming comission 

employees, are prohibited 5-om gambling in the gaming facilities; and 

(4) Members of the Gaming Commission, or gaming co~ssion employees, are 

prohibited from accepting complimentary items from the gaming operation, 

excepting food and beverages valued at less than ten (10) dollars. 

(5) No person .having a direct or indirect financial interest in a management contract 

or in any gaming operation may serve on the Gaming Commission. 

(d) Nominees for positions of Tribal Gaming Cornmissioner must satisfy the suitability 

standards set forth for key employees and primary management officials, found in 

Section 207 of this Ordinance. Such background investigations shall be performed 

under the direction of the Nation's Gaming Director of Licensing. 

(e) In addition to satisfying the suitability standards set forth for key employees and 

primary management officials found in Section 207 of this Ordinance, each candidate 

for Tribal Gaming Commissioner must meet the following requirements: 

(1) Bachelor's degree in Business Administration, Management, Accounting, 

Marketing, Law, or another relevant field. A graduate degree is preferable; 

2) Minimum of two (2) years work experience in a highly-regulated industry in the 

business management, compliance or regulation; and at least one of the following: 

(A) Demonstrated knowledge of Licensing requirements for gaming 

establishments; 

(B) 'Demonstrated knowledge of Surveillance requirements for gaming 

establishments; or 

(C) Demonstrated knowledge of Compliance and Audit requirements for gaming 

estabIishrnents. 

Page 7 of 20 
COMANCHE NATION GAMING ORDINANCE 

(f) The Tribd Gaming Commission shall: 

(1) Conduct or cause background investigations to be conducted on, at a minimum, 

primary management officials, key employees; 

(2) Review and approve all investigative work conducted; 

(3) Report results of background investigations to the NIGC; 

(4) Obtain and process fingerprints, or degignate a law enforcement agency to obtain 

and process fingerprints; 

(5) Make licensing suitability determinations, which shall be signed by the Chairman 

of the Garning Commission; 

(6) Issue gaming licenses to management officials and employees of the operation, 

consistent with the suitability determination; 

(7) Establish standards for licensing Tribd gaming operations; 

(8) Issue facility gaming licenses to Tribal gaming operations; 

(9) Inspect, examine and monitor all gaming activities, and have immediate access to 

review, inipect, examine, photocopy and audit all records of the gaming 

establishment; 

(10) Ensure compliance with all Tribal, Federal and applicable State laws, rules, and 

regulations regarding Indim gaming; 

(I I) Investigate any suspicion of wrongdoing associated with any gaming activities; 

(1 2) Hold hearings on patron complaints, in compliance with procedures established in 

the gaming ordinance and other Tribal gaming regulations; 

(13) CompIy with any and dl reporting requirements under the IGRA, Tribal-State 

compact to which the Nation is a party, and any other applicable law; 

(14) Promulgate regulations necessary to comply with applicable internal control 

standards; 

(15) fromdgate regulations on the levying of fees and/or taxes associated with gaming 

license applications; 

(1 6) Promulgate regulations on the levying of fines and/or suspension or revocation of 

gaming licenses for violations of the gaming ordinance, or any other Tribd, 

Federal, or State, if applicable, gaming regulations; 

(1 7) Establish a list of persons not allowed to game in Tribal gaming fmiLities in order 

to maintain the integrity of the gaming; 

(18) Establish and maintain a list of persons who have voluntarily asked to be 

excluded fiom Tribal gaming facility and create regulations for enforcing this 

exclusion; 

(19) Provide referrals and information to the appropriate Jaw edorcement officials 

when such information indicates a violation of Tribd, Federal, or State statutes, 

ordinances, or resolutions; ' 

Page. 8 of 20 
I 

COMANCHE NATION GAMING ORDINANCE 12-3-05 

(20) Create and maintain a fist of regulatory authorities that conduct vendor 

background investigations and licensing which the Commission recognizes as 

mstworthy; 

(21) Draft and edorce regulations exempting specific types of vendors from the 

licensing and/or backgr~tmd authority, for instance, attorneys, accountants, and 

other professionals; 

(22) Perfom such other duties the Commission deems appropriate for the proper 

regulation of the Tribal gaming operation; 

(23) Promulgate such regulations and guidelines as it deems appropriate to implement 

the provisions of this Ordinance; and 

(24) Oversee the work of the Executive Director, and delegate to the Executive 

Director such tasks as the Commission deems necessary. 

(g) The Gaming Comtldission shall also ensure that all records and information obtained as 

a result of an employee background investigation shall remain coddenial and shall 

not be disclosed to persons who are not directly invoIved in the licensing and 

employment processes. 

(I) Information obtained during the course of an empIoyee background investigation 

shall be disclosed to members of management, human resource personnel or others 

employed by the tribal gaming operation on a need-to-know basis for actions taken 

in their official capacities. 

(2) This Section does not apply to requests for such information or records from any 

Tribal, Fedd or State law efoorcement or regulatory agency, or for the use of 

such information or records by the Commission and staff in the performance of 

their official duties. 

(h) Terms of Office for Tribal Gaming Commissioners shall be as follows: 

(I) The Chair shall serve an initial term.of one yew, with subsequent appointments 

for three-year terms. 

(2) The VicgChair shall serve an initial tern of two years, with subsequent 

appintmetlts for three-year tern. Commissioners shall serve three-year terms. 

(i) The following persons are not eligible to serve as Tribal Gaming Commissioners: 

(I) CBC members, while serving as such; 

(2) Employees of the gaming operation, while serving as such; 

(3) 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); 

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

(5) Persons ineligible to be key employees or primnary management officials; 

Page 9 of 20 
1' 

COMANCBE NATION GAMWG ORDINANCE 12-3-05 

(6) 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) cannot serve as Tribal Gaming Commissioners. 

(j) The ' CBC shall require a criminal history check with appropriate law enforcement 

agencies and shall review this criminal history report. and make m appropriate 

suitability determination before appointing an individual to a position as a Tribal 

Gaming Commissioner. 

(k) The independence of the Tribal Gaming Commission is essential to a well-regdated 

gaming. operation. Far that reason, Codssioners may ody be removed from oflice 

by the CBC prior to the expiration of their respective terms for neglect of duty, 

misconduct, mdfeasmce, or other acts that would render a commissioner unqualified 

for hisher position. Any allegations of neglect of duty, misconduct, malfeasance, or 

other acts that would render him or her unqualified for hidher position must be 

substantiated by a preponderance of the evidence. Commissioners will be given an 

opportunity to provide evidence rebutting the grounds for their proposed removal 

before the removal is considered. A vote of the CBC on the validity of the removal 

shall be final and not subject to Mer appeal. A wroneful removal shall entitle the 

affected Commissioner to compensation for expenses incurred in an appeal and any 

pay withheld The CBC shall fill my such vacancy for the remainder of the term. 

(1) A majority of the Commission shall constitute a quorum. The concurrence of s 

majority of the members appointed to the Commission sball be required for any final 

determination by the Commission. The Commission may act in its official capacity 

even if there are vacancies on the Commission. 

(m) TribaI Gaming Commissioners shall be compensated at a level determined by the 

CBC. Commissioner compensation shall not be based on a percentage of gaming 

revenue to ensure the Commission is not improperly influenced. Tribal Ga&ng 

Commissioners shall carry out the responsibilities of their terms on a part-time 

employee basis. 

('n) The Commission shall keep a written record of all its meetings. 

Section 108.1 Executive Director of the Gdng Com~niasion 

(a) The Nation understands that the effective operation of a Gamitlg Commission requires 

active supervision on a daily basis, and also requires that true regulation should be 

separated from the daily management of a Gaming Commission workforce. 

(b) The CBC shall hire an Executive Director of the Gaming Commission to oversee day 

to day operations of the Commission, and serve as a full-time employee of the Gaming 

Commission. 

(c) The Executive Director shall report directly to the Gaming Commissioners; 

(d) The Gaming Commissioners shall have the authority to recommend that the CBC 

remove the Executive Director for neglect of duty, misconduct, malfeasance, or other 

acts that would render an Executive Director unqualified for his or her position. Any 

allegations of neglect of duty, misconducf malfeasance, or other acts that would 

Page 10 of 20 
COMANCHIE: NATION GAMING ORDINANCE 12-3-05 

render him or her unqualified for his or her position must be substantiated by a 

preponderance of the evidence. The Executive Director will. be given an opportunity 

to provide evidence rebutting the grounds for the proposed removal before the 

removal is considered Upon recommendation by a majority of the Gaming 

Commissioners, a vote of the CBC on the validity of the removal shall be final and not 

subject to further appeal. A wrongful removal shall entitle the Executive Director to 

compensation fix expenses incurred in an appeal and any pap withheld. 

(e) The Executive Director shall have the following duties, among others as delegated by 

the Gaming Commissioners in accordance with Section 108(f)(24) of this Ordinance: 

a. Managing the Gaming Commission budget; 

b. Coordination of regulatory activity scheduling; 

c. Direct supervisory authority over all empIoyees of the Gaming Commission; 

d. Gaming Commission employee scheduling; and 

e. Serving as the official liaison between the Gaming Commission and the Board 

of Directors, which manages the operational activities of all gaming 

establishments. 

(f) The candidate for the position of Executive Director must satisfy the suitability 

standards set forth for key employees and primary management officials, found in 

Section 207 of this Orhce. Such background investigatiom shall be performed 

under the direction of the Nation's Gaming Director of Licensing. 

(g) The Executive Director shall be subject to the same education and experience 

requirements as outlined in section 108(e) of this ordinance for the Gaming 

Coxmnissioners, except that the Executive Director shall have a minimum of five (5) 

years work experience in the management, compliance, or regulation of a business in a 

highl y-regulated industry. 

(h) The Executive Director shall be compensated at a level determined by the CBC, 

provided that the 'Executive Director's compensation shall not be based on a 

percentage of gaming revenue. 

(i) The Executive Director shdI be subject to the same eligibility requirements that are 

imposed on the gaming commissioners, as found in section 108(i) of this ,ordinance. 

Section 109. Ethics 

(a) The Nation recognizes that the duties of the Gaming Board of Directors and the Tribal 

Gaming Commission include making important decisions on highly sensitive issues. 

As such, the Nation has dethd that the Board of Directors and the Gaming 

Commission shall be hdd to extremely hi& ethical stmdasds. Prior to taking their 

positions on the Board and the Commission (Members), the Members shall agree to be 

bound by the following principles: 

(1) No member of the Gaming Board of Directors or the Tribal Gaming Commission 

shall use ox attempt to use, my actual or apparent authority of their position or 

office, which places or could reasonably be perceived as placing their financial 

Page 11 of 20 
COMANCHlE NATION GAMING ORDINANCE 12-3-05 

interests, or the financial interests of a family member, or any other business 

interest with which they are associated, before the best interests of the Comanche 

Nation. 

(2) The Gaming Board of Directors and the Tribal Gaming Commission are-operating 

with the paramount goal of carrying out the best interest of the Comanche Nation. 

(3) It is the intent of this subsection, that members ofthe Comanche Nation Gaming 

Board of Directors and the Tribal Gaming Commission avoid any action, whethex 

or not specifically prohibited herein, which could result in, or create an appearance 

of: 

(A) Using their ofice for private gain; 

(B) Giving improper preferential treatment to any person or business; 

(C) Impeding the efficiency of the gaming operation or the government of the 

Comanche Nation; 

(ID) Compromising the complete independence ox impartiality of their actions; 

(E) Making a decision affecting the gaming operations, or gaming commission, 

outside the scope of his or her official capacity; 

(F) Adversely affecting the confidence of the Comanche Nation members in the 

integrity of the gaming operations ox gaming commission. 

(4) No member of the Gaming Board of Directors or the Tribal Gaming Commission 

shall use or disclose Confidential Information gained in the course of, or by reason 

of, their official position or duties to further the -cia1 interest or personal 

interest of any entity other than Comanche Nation gaming operations or gaming 

commission. 

Section 110. Complimentary Items 

(a) The use of complimentary items shall be governed by regulations established by the 

Tribal Gaming Commission. 

(b) No Key Employee, Primary Management Official, CBC member, member of the 

Gaming Board of Directors or Tribal Gaming Commission, or any person directly 

related to ox sharing a residence with the persons, shall be authorized to receive 

complimentary items other than food and beverages valued at under five dollars, or, if 

at a public event held at the gaming facility, the free food and beverages offered to the 

general public. 

(c) Complimentary Items shall be included in the annual budget for the gaming operation, 

with maximum limits specified, and shall be subject to approval by the CBC. 

Section 111. Audit 

(a) The Nation sMI cause an annual outside independent audit of gaming operations ta be 

conducted, and shall submit the resulting audit reports to the National Indian Gaming 

Commission. 

(b) All gaming related contracts that resuIt in the purchase of supplies, services, or 

concessions in excess of $25,000.00 mually, except contracts for professional legd 

Page 12 of 20 
I 

. . COMANCHE NATION GAMING ORDINANCE 12-3-05 

and accounting services, shall be specifically included within the scope of the audit 

that is described in subsection (a) above. 

Section 11 2. Environment and Public Health and Safety 

(a) Gaming facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment md the public health and safety. 

(b) The CBC shall adopt standards that assure adequate protection of the environment and 

the public health and safety. 

Section 113. Patron Dispute Resolution 

Patrons who have complaints against the gaming establishment, a gaming employee, 

or a management contractor shall have as their sole remedy the right to file a petition 

for relief with the Tribal Gaming Commission. Complaints sMI be submitted in 

writing, and at the discretion of the Commission, the petitioner may be allowed to 

present evidence. The Gaming Commission shall hold a hearing within 30 days of 

receipt of petitioner's complaint. Petitioner may have counsel present at such hearing. 

The Commission shall render a decision in a timely fashion and all such decisions will 

be hd when issued. Any patron complaint must be submitted to the Commission 

within thirty (30) days of the incident giving rise to the complaint. All prize cIaims by 

patrons shall be limited to a maximum recovery of the amount of the prize which the 

claimant establishes he or she was entitled to be awarded. The Commission's decision 

shall constitute the complainant's final remedy. 

Section 114. Tribal IntemaI Control Standards 

The Nation shall adopt and implement Internal Control Standards [ICS) for the 

operation of its Tribal gaming operation in accordance with applicable Iaw. The 

Nation's ICS shall be set out in separate regulations to be reviewed and approved by 

the CBC. 

Section 115. Facility Licenses 

(a) The Tribal Gaming Commission shall issue a separate Iicense to each place, facility, 

or location on Indian lands where Class I1 andlor Class IiI gaming is conducted.under 

this ordinance once every two (2) yeas. 

(b) The Tribal Gaming Commission shall specify the form, conditions and content for the 

application for such licenses, which shall be submitted by the chief mmagement 

official of the facility, and the initial application shall include: 

(1) a legal description of the lands whereon the facility is located and a certification 

that said premises constitute "Indian lands" as specified in the Indian Gaming 

Regulatory Act; and 

(2) a provision identifying the environmental, health, and public safety standards with 

which the facility must comply, and a certification that the facility is in compliance 

therewith. 

Page 13 of 20 
1 

COMANCBE NATION GAMING ORDINANCE 12-3-05 

(c) Each subsequent application for the renewal of such facility license shall identify my 

changes or additions to said legal description and applicable environmental, health, 

and safety standards, and shall include current certifications of compliance therewith. 

(d) The Tribal Gaming Codssion sMl only issue such licenses if the applications 

therefore include the required information and certifications and such further 

conditions as the Tribal Gaming Commission shall have specified. 

Section 116. Agent for Service of Process 

The Nation hereby designates the Chairman of the Comanche Nation as agent for 

service of process, who may be contacted at: 

HC 30, Box 1720, Lawton, OK 73502 

Compliance with Federal Law 

The Nation will comply with all applicable federal law, including the Bank Secrecy 

Act, 31 U.S.C. $53 11 ef seq. 

Section 118. Repeal 

MI prior gaming ordinances of the Comanche Nation are hereby repealed. 

Section 119. Tribal Access to Financial Information 

A copy of the Tribal gaming operation annual audit will be made available for review, 

upon request, to tribal members. 

Section 201. Licenses for Key Employees and Primary Management Officials 

The Nation shall ensure that the policies and procedures set out ia. this section are 

implemented with respect to key employees and primary management ofEcials 

employed at any gaming enterprise operated on Indian lands, as well as gaming 

commissioners. The Nation will issue licenses and perform background investigations 

according to requirements at Ieast as stringent as 25 C.F.R. Parts 556 and 558. 

Section 202. License Application Forms 

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

primary management officid: 

(1) "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 employed in a gaming operation. The infomation 

will be used by the Nation and the National Indian Gaming Commission members 

and staff who have need for the infomiion in the pedormance of their official 

duties. The infomation may be disclosed to appropriate Federal, Tribal, State, 

Page 14 of 20 
I 

COMANCB NATION GAMlNG ORDINANCE 12-3-05 

local, or foreign law enforcement and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or prosecutions or when necessary pursuant 

to a requirement by a Tribe or the National Man Gaming Commission in 

connection with the hiring or firing of an employee, the issuance ox revocation of 

a gaming license, or investigation 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 hire you in a primmy management official or 

key employee position." 

(2) "The disclosure of your Social Security Number (SSN) is volm~. However, 

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

(b) The following additional notice shall be placed on the application form for a key 

employee or a primary management official: 

(1) "A false statement on any part of yoax application may be grounds for not hiring 

you, or for kbg you after you begin work. Also, you my be punished by fine or 

imprisonment." (U.S. Code, Title 18, section 3001) 

(c) The Cornmission shall notify in writing existing key employees and primary 

management officials who have not completed an application containing the notices 

set forth above that they shall either: 

(I) Complete a new application form that contains both the Privacy Act and false 

statement notices; or 

(2) Sign a statement that contains the Privacy Act and false statement notices and 

consent to the routine uses described in that notice. 

Section 203. License Pees 

The Nation may charge a license fee, to be set by the TribaI Gaming Commission, to 

cover its expenses in investigating and licensing Key Employees, Primary Management 

OEciaIs, atld vendors of the gaming operation. 

Section 204. Fingerprints 

Each applicant for a Key Employee or Primary Management Official sha.11 be required to 

have fingerprints taken as part of the license application procedure. Fingerprints shall be 

taken by Comanche Nation Law Ellforcement. Fingerprints will then be forwarded to the 

NIGC for processing through the FBI and NCIC to determine the applicant's criminal 

history, if any. 

Section 205. Background Investigations 

(a) The Tribal Gaming Commission is responsible for conducting background 

investigations and suitability determinations. 

@) The Tribal Gaming Cornmission shall request from each primary management official 

and from each key employee all of the following information: 

(1) Full name; 

Page 15 of 20 
COMANCHF, NATION GAMING ORDINANCE 

(2) Other names used (oral or written); 

(3) Social security number(s); 

(4) Birth date; 

(5) Place of birth; 

(6) Citizenship; 

(7) Gender; 

(8) All languages spoken (or written); 

(9) Currently and for the previous 5 years: 

(A) business and employment positions held; 

(B) ownership interests in those businesses; 

(C) business and residence addresses; and 

@)drivers license numbers; 

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

one personal reference who was acquainted with the applicant during each period 

of residence listed under paragraph (b)(9) of this section; 

(I I) Current business and residence telephone numbers; 

(12) A description of any existing and previous business relationships with Indian 

Nations, including ownership interests in those businesses; 

(13) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

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

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

or not such lice&e or permit was granM, 

(15) For each felony for which there was an ongoing prosecution or a conviction, 

within 10 years of the date of the application, the charge, the name and address of 

the court involved, and the date and disposition if any; 

(1 6) 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; 

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

a conviction, if such criminal charge is within I0 years of the date of the 

application and is not otherwise listed pursuant to paragraph (b)(lS) or (b)(16) of 

this section, the criminal charge, the name and address of the court involved and 

the date and disposition; 

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

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

not such license or permit was granted; 

Page 16 -of 20 
COMANCHE NATION GAMING ORDLNANCE 

(1 9) A photograph taken within the last year; 

(20) Fingerprints; and 

(21) Any other information the Nation deems relevant. 

Section 206. Procedures for Conducting a Background Check on Applicants 

(a) As part of its review procedure, the Commission shall employ within its Licensing 

Department, or engage, an investigator to conduct a background investigation on each 

applicant sufficient to allow the Gaming Commission to make an eligibiIity 

determixition under Section 207 below. The investigator shall: 

(I) Verify the applicant's identity through items such as asocial security card, drivers 

license, birth certificate, or passport; 

(2) Contact each personal and business reference provided in the License 

Application, when possible; 

(3) Obtain a personal credit check 

(4) Conduct a civil history check; 

(5) Conduct a criminal history check via the submission of the applicant's 

fingerprints to the NIGC, and further obtain infodon from the appropriate 

court regarding past felony and/or misdemeanor convictions arid criminal charges 

within the last ten years; 

(6) Inquire into any previous or existing business relationships with the gaming 

industry and Indian tribes by contacting the entities or tribes; 

(7) Verify the applicant's history and stam with any licensing agency by contacting 

the agency; and 

(8) Take other appropriate steps to verify the accuracy of the information, focusing 

on problem areas noted. 

(b) The investigator shall create an investigative report noting the steps taken, information 

gained, potential problem areas, and disqualifjing information. 

(c) The Gaming Commission and its investigator shall promise to keep confidential the 

identity of each person interviewed in the course of the investigation, other than 

disclosure as required under Federal, Tribal, or appIicable State; law. 

Section 207. Efigibili ty Determination 

(a) The Tribal Gaming Commission shall review a person's prior activities, mimind 

record, if myy reputation, habits, and associations and shall make a determination 

concerning the eligibility of a key employee or primary management official for 

employment in a gaming operation. 

(b) If the Tribal Gaming Commission determines that employment 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 employ that person in a 

key employee, or primasy management official position. 

Page 17 of 20 
I COWCHF, NATION GAMING ORDINANCE 12-3-05 

Section 208. Procedures for Forwarding Applications and Reporb for Key Employees, 

Primary Management Officials and Gaming Commissioners to the National Indian 

Gaming Commission 

(a) When a key employee or primary management official is employed to work at a 

gaming operation authorized by this ordinance, the Commission shall fomd to the 

National Indian Gaming Commission a completed application for employment and 

conduct the background investigation and make the det&ation referred to in 

Section 207(a) of this section. 

(b) The gaming operation shall not empIoy as a key employee or primary management 

official apexson who does not have a license within 90 days of their date of hire. 

(c) The gdng commission shall not appoint as a Gaming Commissioner a person who 

does not have a license within 90'da)s of their date of appointment or date of hire. 

Section 209. Report to the National Indian Gaming Commission 

(a) The Tribal Gaming Commission shall prepare and forward a report on each 

background investigation to the National Indian Gaming Commission. An 

investigative report shall include all of the following: 

(1) Steps taken in conducting a background investigation; 

'(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The Commission shall forward the completed investigative report to the National 

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

60 days of the approval of this ordinance by the Chairman of the National Indian . Gaming Commission. 

(c) The Commission shall submit, with the investigative report, a copy of the eligibility 

determination, unless the NIGC shdl have advised the Nation that the submission of 

the eligibility detemhation is not necessary. This determination shall include, a 

Statement describing how fie information submitted by the applicant was verified;, a 

Statement of results following an inquiry into the appIicantfs prior activities, crim.haI 

record, if any, and reputation, habits and associations; a Statement showing the results 

of interviews of a sufficient number of howledgeable people (such as former 

employers, personal references, and others referred to by the applicant) in order to 

provide a basis for the Comanche Nation Gaming Commission to make a finding 

concerning the eligibility for licensing required for employment in a gaming 

operation; and a Statement documenting the disposition of all potential problem areas 

noted and disqualifpg info-tion obtained. 

(d) If a license is not issued to an applicant, the Tribal Gaming Commission: 

(1) Shall notify the NIGC; and 

(2) Shall forward copies of its eligibility determination and investigaEivc report (if 

my) to the NIGC for inclusion in the Indian Gaming hdividuds Records System 

Page 18 of 20 
. COMANCHF, NATION GAMING ORDINANCE 

(e) With respect to all employees, and in particular key employees, and 

primary management officials, the Tribal Gaming Commission shall retain 

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

inspection by the Chairman of the NIGC or his or her designee for no Iess than three 

(3) years &om the date of termhation of employment. 

Section 210. Granting a Gaming License 

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

receives a 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 Nation has provided an 

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

Tribal Gaming Commission, acting for the Nation, may issue a license to such 

applicant. 

(b) The ~&al Gaming Commission shall respond to a request for additional information 

from the Chairmat3 of the National Indim Gaming Codssion concerning a key 

employee, or a primary management official who is the subject of a report. Such a 

request shall suspend the 30day period under paragraph (a) of this section until the 

Chairman of the National Indian Gaming Commission receives the additional 

information. 

-(c) If, within the thirty (30) day pried described above, the National Indian Gaming 

Commission provides the Nation with a Statement itemizing objections to the issumce 

of a license to a key employee, a primary management official for whom the Tribal 

Gaming Commission has provided an application and investigative report to the 

National Indian Gaming Commission, the Nation shall reconsider the application, 

taking into account the objections itemized by the National Indian. Gaming 

Commission. The Nation shall make the final decision whether to issue a license to 

such applicant. 

Section 211. License Suspension 

(a) If, after the issuance of a gaming license, the Tribal Gaming Commission receives 

from the National Indian Gaming Commission reliable information indicating that a 

key employee or a primary managemmt officid is not eligible for employment, the 

Tribal Gslming Commission sM1 suspend such license and shall notify in writing the 

licensee of the suspension and the proposed revocation. 

(b) The Tribal Gaming Commission shall noti@ the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

(c) ARer a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to 

reinstate a gaming license. The Commission shall notify the NIGC of its decision. 

Section 212. Board of Review for Employee Disputes 

(1) The Nation has determined that, in order to adhere to this Ordinance and all 

gaming regulations, there shall be established a Tribal Gaming Board of Review 

(Board of Review). The Board of Review shall serve as the final review body for 

'employee disputes. Employee disputes shall include disputes with management, 

Page 19 of 20 
1 

COMANCHF, NATION GAMING ORDINANCE 12-3-05 

terminations, fines or other internal employee disputes, not to include actions 

taken by the Commission. 

(2) The Board of Review shall consist of five members. Thd membership shall be 

comprised of one member of the Tribal Gaming Commission, one member fiom 

the CBC, one primary management official, or key employee, one enrolled Tribal 

member not employed by the gaming operation, and one employee of the gaming 

operation. The members from the Tribal Gaming Commission, CBC, and gaming 

operation primary management oMicia.1 or empIoyees shall be elected from their 

representative groups and the enrolled Tribal member shall be appointed by the 

CBC, Board of Review members shall serve staggered terms. The two Tribal 

members shall serve, three-year terns. The primary management official or key 

employee shall serve a two-year term. The members from the Tribal Gaming 

Commission and the CBC shall serve one-year terms. 

(3) 'The Board of Review members 'who are not employed by the Nation in some 

other capacity shall be compensated at a rate per meeting or hearing to be set by 

the Gaming Commission, and shall be reimbursed for actual costs incurred during 

the scope of hisher duties as a member of the Board of Review. Compensation 

shall never be tied to tribal gaming revenues. 

(4) The Board of Review members shall elect a Chairperson fkom among them, 

whose duty it shall be to preside over all meetings and hearings. In addition, the 

members shall elect a Vice-Chair who shall be the custoclian of any evidence 

submitted, and who sW preside in the Chairperson's absence. The Board of 

Review shall meet monthly, shall keq official records of the meetings. No later 

than three working days following a hearing on employee disputes, the Board of 

Review shall issue its findings. Findings of the Board shall be final when issued. 

(5) No Board of Review member shall be removed prior to the end of hisher term 

without. cause. Removal shall be. effectuated by a majority vote of the entire 

Board of Review, and shall be a final decision A Board of Review member shall 

not review my decisions affecting himselfherself, or my person dire;ctIy related 

to him or her. 

Section 301. Licenses for Vendors 

(a) The Gaming Commission shall prodgate regulations governing the licensing of 

Vendors. 

(b) Gaming vendors are vendors who provide gaming suppIies and services, including 

cash-related services. 

Page 20 of20 
Comanche Nation 

Resotution No. 103-05 

wHEREAS, the Comaache ~akn is a federally recognized Mian Tribe with a 

Constitution ajyroved by the Semetary of the Interior on January 9,1967, 

to wfegmd tribal rights, powers, and privileges to improve the mnoinie, 

moral, educational, and h& status of its members; and 

WHEREAS, the tradition of sovereignty of the Comanche Natign, time 

immemorial long predates-the erriNence of the Nation, establis)~ the 

inherent sovereign powers and rights of the Comanche self-gov~~ 

and 

-AS,. said Constitdon, Article VI, section 7Q), authorizes the Bushes8 

c&tt& to prodgate aad enforce laws to ppomots the gsnaal wdfare 

of the Natian; and . . 

WHEREAS, the Bus- Committee pursuant to swh authority and in comdiatim 

with the' National Mian Gaming Commisgion ('WIGC") deems it 

advisable to 'enact a new and imprmed Mng Ordinance (amdmi), seek 

the ap@ ofthe NEC, and repeal the Current Ci-dming Mi 

enacted w March 26,1996. 

THEREFORE BE I'I' RESOLVED TBAT the 3usine8s Committee hereby ordains aad 

enacts the attached Gaming Ordimee; provided,@at such new Gwming OrQinance 

shall not become effective untiI approval by the NIGC. 

BE IT FURTHER RES.OLVED THAT the ~usiness Committee directs the #aiman 

to obtain approval of said ordinance by .the NIGC arrd to make pmpamtiow for iIts 

implenientation. 

BE IT FWRTEIER RESOLVED THAT immediately upon receipt by the Claairman of I 

+en notification from the NIGC appdg the aforesaid and attached Gaming - Ordimme, the Gaming Ordinaace enacted pursuant to Resolution No. 32% om March 

26, 1996, shall be deemed qeald and of no further efftxt, and~conamerrtly, that the 

new Gaming Ordimme sM deemed in full force and effect. 

CERTIFICATION 

The foregoing resolution w duly adopted at a Regular Mketing of the Comanche 

Wsiaess Committee Md on the. 3rd day af December, 2005, at the Comatlche Tribal 

Complex, north of Lawton, Oklahoma, by a majority vote of* for, ,Q _b ad 

1 abstaihg, a quarum. being present. 

COMANCHE NATION P.O. BOX 908 1 LAWON. OK 73502 

PHONE: 580-492-498 8 TOLL FREE: 1 -877-492-4988 FAX: 5 80-492-3796