DEC I 8 1938 

Honorable Margaret Dalton 

Chairperson, Jackson Rancheria Band of Miwuk Indians 

P.O. Box 429 

Jackson, California 95642 

Dear Ms. Dalton: 

This letter responds to your request to review and approve the tribal gaming ordinance, 

Ordinance No. 98-1, adopted on September 10, by the Jackson Rancheria of Miwuk Indians 

(Rancheria). This letter constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . 

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

the Chairman is directed to review ordinances 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 in the tribal ordinance are not subject to review and approval. 

Also such approval does not constitute approval of specific games. It is important to note that 

the gaming ordinance is approved for gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Rancheria's gaming ordinance, the Rancheria is now 

required to conduct background investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application for each key employee 

and primary management official pursuant to 25 C.F.R. §556.5(a) and an investigative report 

on each background investigation before issuing a license to a key employee or primary 

management official pursuant to 25 C.F.R. §556.5(b). 

Thank you for submitting the ordinance of the Jackson Rancheria of Miwuk Indians for review 

and approval. The NIGC staff and I look forward to working witb you and the Tribe in 

implementing the IGM. 

Sincerely yours, 

Montie R. Deer 

Chairman 

1441 L STREET, N.W. BTH ROOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX: 202-632-7066 
Jackson Rancheria 

P.O. Box 429 

Jackson, CA 95642 

(209) 223-1935 FAX (209) 223-5366 

RESOLUTION NO. 98-24 

WHEREAS, the Jackson Rancheria Band of Miwuk Indians (hereinafter 

"the Tribe") is a federally recognized Indian Tribe; and 

WHEREAS, the Tribal Council is the governing body of the Tribe; 

and 

WHEREAS, the Tribe enacted a Class I1 gaming ordinance, which was 

approved in 1993 by the National Indian Gaming Commission 

to ensure its gaming operation complies with explicit 

requirements concerning gaming employee licensing, 

background checks, and related matters; and 

WHEREAS, the Tribe plans to engage in Class 111 gaming authorized 

by the tribal-state compact executed with the State of 

California on July 13, 1998; and 

WHEREAS, the National Indian Gaming Commission has promulgated 

regulations, which contain explicit requirements concerning gaming employee licensing, background checks, and 

related matters; and 

WHEREAS, the Tribe wishes to ensure that its Class I11 gaming 

operations comply with these regulations; and 

WHEREAS, the Tribe believes that the regulations will further 

enhance the Tribe's capability to ensure that its 

Class I11 and Class I1 gaming operations are managed 

honestly and efficiently; and 

WHEREAS, the Tribe wishes to designate its counsel, Howard 

Dickstein, as its agent for service of process for 

official communications from the National Indian Gaming 

Commission; 

NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby amends 

its Class I1 Gaming Ordinance as attached hereto, and authorizes 

its Chairperson, Margaret Dalton, to execute the ordinance and 

submit said ordinance with all accompanying documents required to 

the National Indian Gaming Commission for review and approval. 

CERTIFICATION 

The foregoing resolution was adopted by a vote of 3 for, and 

0 against and 0 abstentions, at a duly called meeting of the Tribal 

Council, at which a quorum was present, on this 19th day of August, 
ORDINANCE NO. 9f-1 

''I.'.'" 2 3 ipc :'I ., 

AMENDED TRIBAL CLASS I1 AND CLASS I11 GAMING ORDINANCE 

I. Purpose 

The Tribal Council of the Jackson Rancheria Band of Miwuk 

Indians (hereinafter "Tribe") , empowered by the Tribe1 s 

Constitution to enact ordinances, hereby amends its Class I1 gaming 

ordinance in order to set the terms for Class I11 gaming activities 

on tribal lands as well. 

11. Gamina Authorized 

A. All forms of Class I1 gaming as defined in the Indian 

Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703 (7) (A) 

("IGRA") are hereby authorized, including but not limited to bingo, 

pulltabs, and non-banking card games. 

B. All forms of Class I11 gaming as defined in the Indian 

Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703(8) 

("IGRA") and authorized by the tribal-state compact between the 

Tribe and the State of California executed on July 13, 1998 

(hereinafter "tribal-state compact"), including Indian Lottery 

Games, are hereby authorized. 

111. Ownership of Gaminq 

The Tribe shall maintain the sole propriety interest in and 

responsibility for the conduct of all Class I1 and Class I11 gaming 

activities authorized by this ordinance. 

IV. Use of Gaminq Revenue 

A. Net revenues from the Tribe's share of Class I1 and Class 

I11 gaming activities authorized herein shall be used only for the 

following purposes: to fund tribal government operations and 

programs; provide for 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. If the Tribe elects to make per capita payments, it shall 

authorize such payments only pursuant to its Plan for the 

Allocation of Gaming Revenue, approved by the Secretary of the 

Interior under S2710 (b) (3) of IGRA. 
V. Audit 

A. The Tribe shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the 

resulting audit reports to the Commission. 

B. All gaming related contracts that result in the purchase 

of supplies, services, or concessions in excess of $25,000 

annually, except for contracts for professional legal and 

accounting services, shall be specifically included within the 

scope of the audit that is described in subsection (A) above. 

VI. Environmental Protection 

The construction, maintenance and operation of Class I1 and 

Class I11 gaming facilities and Class I1 and Class I11 games shall 

be conducted in a manner which adequately protects the environment 

and the public health and safety. 

VII. Licenses for Key Em~loyees and Primary Manaqement Officials 

The Tribe 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 I1 and/cr 

Class 111 gaming enterprise operated on tribal lands: 

Definitions 

For the purposes of this section, the following 

definitions apply: 

1. Key employee. 

(a) A person who performs one or more of the 

following functions: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pitboss; 

(7) Dealer; 

(8 Croupier; 
(9) Approver of credit; or 

(10) Custodian of gambling devices including 

persons with access to cash and accounting records 

within such devices; 

(b) If not otherwise included, any other person 

whose total cash compensation is in excess of $50,000 per 

year; or 

(c) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

(dl If not otherwise included, any other person who 

is designated as a key employee under the tribal-state 

compact. 

2. Primary Management Official. 

(a) The person having management responsibility for 

a management contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

(c) The chief financial officer or other person who 

has financial management responsibility. 

B. A~plication Forms 

1. The following notice shall be placed on the 

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 employed in a gaming operation. 

The information will be used by 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 

to appropriate Federal, Tribal, State, local, or 

foreigr. 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 National Indian 

Gaming Commission in connection with the hiring or 
firing of an employee, the issuance 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's being unable to hire 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 the 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 a 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 not hiring you, or for firing 

you after you begin work. Also, you may be 

punished by fine or imprisonment. (U.S. Code, 

title 18, section 1001.) 

4. The Tribe 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. 

C. Backaround Investiaations: 

1. The Tribe and/or Tribal Gaming Agency shall request 

from each primary management official and from each key 

employee all of the following information: 

(a) Full name, other names 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 drivers 

license numbers; 

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 (i) (b) of this section; 

Current business and residence telephone 

numbers ; 

A description of any existing and previous 

business relationships with Indian tribes, 

including ownership interests in those 

businesses; 

A description of any existing and previous 

business relationships with the gaming 

industry generally, including ownership 

interests in those businesses; 

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; 

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; 

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; 

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 paragraphs 

(i) (h) and (i) (i) of this section, the 

criminal charge, the name and address of the 

court involved and the date and disposition; 

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 

or permit was granted; 

(1) A current photograph; 

(m) Any other information the Tribe and/or Tribal 

Gaming Agency deems relevant; and 

(n) Fingerprints consistent with procedures 

adopted by a tribe according to 25 C.F.R. 5 

522.2(h). 

2. The Tribe and/or Tribal Gaming Agency shall conduct 

an investigation sufficient to make a determination under 

subsection D below. In conducting a background investigation, 

the Tribe shall promise to keep confidential the identity of 

each person interviewed in the course of the investigation. 

D. Elisibilitv Determination 

1. The Tribal Gaming Agency 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 a primary management official 

for employment in a gaming operation. If the Tribal Gaming 

Agency 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 primary management official 

position. 

2. The Tribe's gaming operation shall not employ in a 

key employee or primary management official position a person 

who has supplied materially false or misleading information 

with respect to the required information for that person's 

background investigation under subsection C above. 

3. The Tribe's gaming operation shall not employee in a 

key employee position associated with Class I11 gaming 

activity any applicant who fails to meet any necessary 

suitability requirements under the tribal-state compact. 

E. Procedures for Forwardins A~~lications and Reports for 

Key Em~loyees and Primarv Manasement Officials to the 

Commission 

1. When a key employee or primary management official 

begins work, the Tribe and/or Tribal Gaming Agency shall 

forward to the Commission a completed application for 

employment and conduct the background investigation and 

determination referred to in subsections A, B, C and D of this 

sect ion. 
2. Upon completion, the Tribe and/or Tribal Gaming 

Agency shall forward the report referred to in subsection F of 

this section to the Commission within 60 days after an 

employee begins work or within 60 days of the Chairman's 

approval of this ordinance. 

3. The gaming operation shall not employ a key employee 

or primary management official who does not have a license 

after 90 days. 

Report to Commission 

1. Pursuant to the procedures set out in subsection E 

of this section, the Tribe and/or Tribal Gaming Agency shall 

prepare and forward to the Commission an investigative report 

on each background investigation. An investigative report 

shall include all of the following: 

(a) Steps taken in conducting a background 

investigation; 

(b) Results obtained; 

(c) Conclusions reached; 

(dl The bases for those conclusions; and 

(e) The Tribe and/or Tribal Gaming Agency shall 

include in its report a copy of the 

eligibility determination made under section D 

of this section. 

2. If a license is not issued to an applicant: 

(a) The Tribe and/or Tribal Gaming Agency shall 

notify the Commission; and 

(b) Forward copies of its eligibility 

determination and investigative report (if 

any) to the Commission for inclusion in the 

Indian Gaming Individuals Records System. 

3. With respect to key employees and primary management 

officials, the Tribe and/or Tribal Gaming Agency shall retain 

applications for employment and reports (if any) of background 

investigations for inspection by the Chairman of the 

Commission or his or her designee for no less than three (3) 

years from the date of termination of employment. 

G. Grantins a Gamins License 

1. If, within a thirty (30) day period after the 

Commission receives a report, the Commission notifies the 

Tribe and/or the Tribal Gaming Agency 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 Tribe has provided an application and investigative 

report to the Commission, the Tribe may go forward and issue 

a license to such applicant. 

2. The Tribe and/or the Tribal Gaming Agency shall 

respond to a request for additional information from the 

Chairman of the Commission concerning a key employee or a 

primary management official who is the subject of a report. 

Such a request shall suspend the thirty (30) day period under 

paragraph (GI (1) of this section until the Chairman of the 

Commission receives the additional information. 

3. If, within the thirty (30) day period described 

above, the Commission provides the Tribe and/or Tribal Gaming 

Agency with a statement itemizing objections to the issuance 

of a license to a key employee or to a primary management 

official for whom the Tribe and/or Tribal Gaming Agency has 

provided an application and investigative report to the 

Commission, the Tribe and/or Tribal Gaming Agency shall 

reconsider the application, taking into account the objections 

itemized by the Commission. 

4. The Tribe shall ensure compliance with any other 

procedures regarding licensure which may be required under the 

tribal-state compact. 

H. License Sus~ension 

1. If, after the issuance of a gaming license, the 

Commission receives reliable information indicating that a key 

employee or a primary management official is not eligible for 

employment under subsection D above, the Tribe and/or Tribal 

Gaming Agency shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed 

revocation. 

2. The Tribe and/or Tribal Gaming Agency shall notify 

the licensee of a time and a place for a hearing on the 

proposed revocation of a license. 

3. After a revocation hearing, the Tribe and/or Tribal 

Gaming Agency shall decide to revoke or to reinstate a gaming 

license. The Tribe and/or Tribal Gaming Agency shall notify 

the Commission of its decision. 

4. The Tribe and/or Tribal Gaming Agency shall also 

suspend and revoke the license of a key employee when such 

person is deemed unsuitable under the tribal-state compact. 
VIII. License Locations 

The Tribe and/or Tribal Gaming Agency shall issue a separate 

license to each place, facility, or location on Indian lands where 

Class I1 and Class I11 gaming is conducted under this ordinance. 

IX. Customer Dispute Resolution Procedure 

A. With respect to Class I1 gaming, the general manager of 

the tribal gaming operation shall attempt to resolve on an informal 

basis any customer complaints relating to payment of prizes or 

services and report any such resolution to the governing body of 

the enterprise. If the complaint cannot be resolved at the general 

manager level, the customer shall be informed that he/she has the 

right to present his or her complaint to the governing body of the 

gaming enterprise, whose decision shall be final. 

B. With respect to Class 111 gaming, customer and third party 

disputes shall be resolved pursuant to Article 10 and Article 11 of 

the tribal-state compact. 

X. IGRA Compliance 

The Tribe shall ensure enforcement of rules and regulations 

for all games played to ensure that they conform to the IGRA, 

including any effective tribal-state compact, and that the games 

are honest and fair. 

XI. Amendments 

The Tribal Council may amend this Ordinance in any manner 

deemed appropriate to protect the Tribe's best interests so long as 

any such amendment is no less restrictive than the original terms 

of this Ordinance, complies with all applicable federal law, and is 

consistent with the terms of any effective tribal-state compact. 

XII. Repeal 

All prior gaming ordinances are hereby repealed. 

CERTIFICATION 

The foregoing ordinance was adopted by a vote of 3 for, and 

against and a abstentions, at a duly called meeting of the 

Tribal Council, at which a quorum was present, on this /d day of 

September, 1998. 
AMENDED PROCEDURE FOR BACKGROUND INVESTIGATIONS 

OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 

OF TRIBAL GAMING FACILITY 

1. Res~onsibilitv for the Investiaations. The Jackson Rancheria, through its 

tribally appointed Tribal Gaming Agency, shall be responsible for ensuring that 

background investigations and suitability determinations are conducted concerning all 

key employees and primary management officials of its tribal gaming facility, as 

required by 25 C.F.R. section 522.2(b) and as defined in section 7(a) of the Tribe's 

Amended Class II and Class Ill Ordinance. 

2. Conduct of the Backaround Investiqations. The Tribe designates the 

Tribal Gaming Agency to conduct said background investigations by submission of 

fingerprints to the National Indian Gaming Commission and/or California Department 

of Justice. 

3. Proceduresfor the Backaround Investiqations. In order to provide a basis 

for the Tribal Gaming Agency and the Tribe to make a finding concerning the eligibility 

for employment in a gaming operation, said background investigations shall include: 

a. Verification by written or oral communication of the information 

submitted by the applicant; 

b. An inquiry into the applicant's prior activities, criminal record, if 

any, and reputation, habits and associations; 

c. Interviews with a sufficient number of people such as former 

employers, personal references, and others with sufficient knowledge of said 

applicant; 
d. Documentation setting forth the disposition of all potential problem 

areas and disqualifying information which is obtained; 

e. The obtaining and processing of fingerprints from each applicant. 

The Tribe designates the Tribal Gaming Agency to obtain and the NlGC to process 

said fingerprinting. 

4. Re~orts Resardins the Backsround Investiaations. Reports regarding all 

background investigations shall be reviewed and approved by the Tribe's General 

Counsel. Said reports shall set forth the following: 

a. The steps taken in conducting the background investigations; 

b. The results obtained; 

c. The conclusions reached; and 

d. The bases for those conclusions. 

5. Submission of Re~orts. 

a. The Tribal Gaming Agency shall be responsible for submitting the 

reports referred to above to the National Indian Gaming Commission. 

b. The Tribal Gaming Agency shall be responsible for submitting the 

reports referred to above to the Division of Gambling Control in the California 

Department of Justice when the tribal-state compact between the Tribe and the State 

of California, executed on July 13, 1998, is approved by the Secretary and published 

in the Federal Register.