investigations and criminal information.

9. Coordinate with state and local enforcement and emergency response agencies in
Tegulations, enforcement and investigation and prosecution of violations.

10. Overseeing the surveillance, investigations, licensing, regulations and audit functions
in respect to the Tribe’s gaming activities.

11. Ensuring that reporting requirements at the Tribal, state and federal levels are met in a
timely manner.

12. Maintaining high professional and ethical standards in all aspect of their work.

13. Investigating and hearing patron complaints against the gaming establishment, as well
as administer oaths and hear evidence presented in regard to licensing appeals and
determinations of suitability of gaming employees, vendors, suppliers, and management.
14. Inspect and examine all premises where gaming is conducted or where gaming devices
are located, sold, distributed, or stored.

General Duties and Responsibilities:

The primary responsibility of the gaming commissioners is to monitor the integrity of gaming
in accordance with the Indian Gaming Regulatory Act, Tribal Gaming Ordinances and the
State compact. The commissioners regulate, license and investigate all gaming activities on
the Nez Perce Reservation and oversee surveillance and audit functions. Ensure reports are
submitted timely and prepare annual budgets and justification for NPTEC review and
approval. Ensure fairness and due process.

Education and Experience:

A minimum of a Bachelors of Arts/Science Degree required; Masters Degree in a related
discipline is preferred. A minimum of one year managerial experience in Native American
Programs and/or a minimum of one year in a managerial/regulation role in a Gaming
Enterprise in a Tribal Government setting is preferred. Must have knowledge of Federal,
State and Tribal law pertaining to Tribal Gaming; and knowledge of the judicial process, due
process and how to conduct hearings. Must have experience in internal audits,
investigations, technical report writing and ability to maintain deadlines and make decisions
in a timely manner. Must demonstrate ability to communicate and work cooperatively and
effectively with people at diverse levels. Must be bondable, qualify for Nez Perce tribal
gaming license and be of good character. Must be twenty-one years of age and able to work
all shifts and/or weekends. Nez Perce Tribal preference will apply.

Working Environment: Environment is a public gaming facility and is not smoke free.
Physical activities include walking, sitting, bending, stooping, kneeling, some lifting,
writing. Repetitive motions, seeing, hearing and speaking and writing to conduct
employment and other work. Interaction with public and large staff.

12/98 Ib

Page 2 of 2


a a

JOB DESCRIPTION
JOB TITLE: Gaming Commissioner
NPTEC SUBCOMMITTEE: __ Law and Order Subcommittee
TRIBAL PROGRAM: Gaming Commission
CLASSIFICATION: Exempt
TYPE: Regular /Full time
SALARY: Range 14 - Step 1 - 10
SUPERVISOR: NPTEC

Position Description:

The Nez Perce Tribe Gaming Commission: The Nez Perce Tribe Gaming Commission
consists of three full time employees appointed by the Nez Perce Tribal Executive
Committee and is the tribal entity responsible for compliance and implementation of the
Tribal Gaming Ordinances, the Indian Gaming Regulatory Act and the Class III Gaming
Compact with the State of Idaho. The Commission is charged with the regulation, licensing
and investigation of all gaming activities on the Nez Perce Reservation. The Gaming
Commissioners implements Tribal policies to ensure that all gaming activities are conducted
fairly and honestly for both players and operators, and in accordance with the ordinances,
the Compact, and all applicable federal laws. The Commission shall ensure coordination
between operations and the development of internal controls.

Primary Duties and Responsibilities:

1. Be available when on shift to provide access to the video lottery terminals.

2. Overall responsibility for background investigation and licensing all gaming employees,
vendors, suppliers, management and facilities on the reservation.

3. Make timely decisions regarding gaming licensing (issuance, denial, revocation, and
suspension), acting as a body to hear, consider and vote on such matters.

4. Reviewing and analyzing reports, gaming applications, and other documentation regarding
licensing and investigation of gaming employees and others associated with the Tribe’s
gaming activities. :

5. Assuming overall responsibility for the development and approval of gaming rules,
internal controls and compliance standards.

6. Supervising the development and approve mules and regulations to implement Gaming
Commission programs in compliance with policies established by the Tribe.

7. Preparing Commission annual budget proposals and justification for NPTEC review and
approval.

8. Maintain and protect Commission records including confidential information regarding

Page | of 2


NATIONAL

INDIAN

GAMING
Commission

October 12, 1999

Samuel N. Penney, Chairman
Nez Perce Tribe

P.O. Box 305

Lapwai, ID 83540

Dear Chairman Penney:

This letter responds to your request for National Indian Gaming Commission (NIGC) review
of the amendment to the Nez Perce Tribe's gaming code, Resolution No. 99-89 received on
September 13, 1999. The amendment does not require NIGC approval because the document
addresses issues not raised in the Indian Gaming Regulatory Act (IGRA) or the NIGC's regulations.

Under the IGRA and the regulations of the NIGC, the Chairman is directed to review
ordinances and amendments with respect to the requirements of the IGRA and the implementing
regulations. Thus, the scope of the Chairman's review and approval is limited to the requirements of
the IGRA and the NIGC regulations. Provisions other than those required under the IGRA or the
NIGC regulations that may be included in a tribal ordinance are not subject to review and approval.

Thank you for submitting the Nez Perce Tribe’s amendment for review. If you have questions
or require further assistance, please contact our office at (202) 632-7003.

Sincerely yours,

Montie R. Deer
Chairman

1441 L_STREET, N.W. _STHFLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX: 202-632-7066



~—

NP 99-89

RESOLUTION

WHEREAS, the Nez Perce Tribal Executive Committee has been empowered to act
for and in behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and
By-Laws, adopted by the General Council of the Nez Perce Tribe, on May 6, 1961
and approved by the Acting Commissioner of Indian Affairs on June 27, 1961;

and

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Nez Perce Tribe has developed the Nez Perce Tribal Gaming
Enterprise; and

the Nez Perce Tribe is required to operate its Gaming Enterprise in
accordance with tribal and federal law; and

Federal law also requires the adoption of the State/Tribal Compact
which was adopted in July, 1995; and

to improve the efficient operation of the Gaming Commission, NPTEC
authorized and adopted an amendment to our Nez Perce Tribal
Gaming Code and State/Tribal Gaming Compact to reduce the
number of official tribal Gaming Commissioners from five members
to three full time members; and

public meetings on the proposed changes were held November 2°
and 3%, 1998 and adopted by NPTEC on November 24" as changes
to the Nez Perce Tribal Gaming Code; and

the Chairman of NPTEC and the Governor of the State of Idaho
signed an amendment to the tribal/state gaming compact on
December 12 authorizing the change in the number of gaming
commissions; and

tribal resolution NP 96-510 amended was adopted on November 24,
1998 stating that the existing Gaming Commission terms will expire
on December 31, 1998.

the job description for the Gaming Commissioners was advertised in
accordance with duly adopted Human Resources Manual and
interviews were held for all applicants.


a
«

NP 99-89

NOW, THEREFORE BE IT RESOLVED, that the Nez Perce Tribal Executive
Committee (NPTEC) does hereby authorize the hiring of the following
individuals to be appointed to the position of Gaming Commissioner
for the terms specified effective January 4, 1999, with the standard
90 day probation period and contingent upon successful completion
of obtaining a gaming license.

Tonia Garcia Range 13, Step 1 Three Year Term
Elizabeth Arthur Range 13, Step 1 Two Year Term
Jacqueline Wapato Range 13, Step 1. One Year Term

BE IT FURTHER RESOLVED, that the salary shall be at Range 13, Step 1 for the
remaining fiscal year of 1999 upon which time the Commission shall

recommend a new budget for FY 2000.

BE IT FURTHER RESOLVED, these positions are entitled to fringe benefits package
as per the Human Resources Manual to include health, life and

retirement insurance.

BE IT FINALLY RESOLVED, that the NPTEC Chairman and Secretary are authorized
to sign related documents and the NPTEC Treasurer is authorized to

disburse funds accordingly.
CERTIFICATION
The foregoing resolution was duly adopted buy the Nez Perce Tribal Executive

Committee meeting in Speciol Session, December 22,, 1998, at the
Wa A’ Yas Community Building in Kamiah, Idaho, a quorum of its

members being present and voting.
WZ,
& v7
Carla Higktagle(Secretary

ATTEST:

Mearual 1, ermer

Samuel N. Penney, Chairmen