April 12, 2008
TMCI General Council

VIII. License Locations

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.

IX. Ordinance Revisions

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

X. Repealnewal

Fethe extent thatthesared istentwiththis-ordinaneeAall prior gaming ordinances
are hereby repealed.

15|Page


April 12, 2008
TMCI General Council

(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.

2. Primary management official means

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.

B. Application 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 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 National Indian Gaming Commission in connection with
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

9|Page


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April 12, 2008

TMCI General Council

G.

13|Page

d. The basis for those conclusions.

The TMGC shall submit, with the report, a copy of the eligibility
determination made under subsection D of this section.

If a license is not issued to an applicant, the TMGC:

a. Shall notify the National Indian Gaming Commission;
and

b. May forward copies of its eligibility determination and
investigative report (if any) to the National Indian Gaming
Commission for inclusion in the Indian Gaming Individuals
Records System.

With respect to key employees and primary management officials,
the TMGC shall retain applications 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.

Granting a Gaming License

1.

If, within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Commission
notifies the TMGC 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 TMGC has provided
an application and investigative report to the National Indian
Gaming Commission, the TMGC may issue a license to such
applicant.

The TMGC shall respond to a request for additional information
from the Chairman of National Indian Gaming Commission
concerning a key employee or a primary management official who
is the subject of a report. Such a request shall suspend the 30-day
period under paragraph G.1. 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 of a license to a key employee
or to a primary management official for whom the TMGC has
provided an application and investigative report to the National


April 12, 2008

TMCI General Council

5|Page

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 Tribal Gaming
Commission shall select annually from its membership a Vice-
Chairperson and Executive Secretary.

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.

The Chairpersen Executive Director of the TMGC shall be the
agent for service of process.

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

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

General sessions of the Commission shall be open to the Tribe.

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.

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.

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.


April 12, 2008

TMCI General Council

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.

B.

2|Page

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”.

The TMGC is authorized to regulate all gaming on the Indian lands
of the Torres Martinez Desert Cahuilla Indians.

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.

Organization and Personnel

1.

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 least two (2) enrolled members of the Torres
Martinez Desert Cahuilla Indians 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

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:

a. At least 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;


April 12, 2008
TMCI General Council wy,
Wy
18

Torres Martinez Desert Cahuilla Indian
Tribe, Tribal Code

Torres Martinez Desert Cahuilla Indians
AMENDED CLASS II and III GAMING ORDINANCE
Adopted April 10, 1999

Amended September 9, 2006
Amended Marek April 12 , 2008

I. 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 III
gaming operations on tribal lands.

Il. Gaming Authorized

Class II and III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447,
25 U.S.C. Section 2701 and Section 2703 (8) (A) ("IGRA") and by the regulations
promulgated by the National Indian Gaming Commission 25 C.F.R § 502.3 (as published
in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized.

III. | Ownership of Gaming

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

IV. 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. If the 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).

V- Protection of the 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.

1|Page


April 12, 2008
TMCI General Council

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.

H. License Suspension

i. If, after the issuance of a gaming license, 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 D. above, the TMGC
shall suspend such license and shall notify in writing the licensee
of the suspension and the proposed revocation.

2. The TMGC 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 TMGC shall decide to revoke or to
reinstate a gaming license. The TMGC shall notify the National
Indian Gaming Commission of its decision.

VII. Audit

A. 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 Indian Gaming Commission within one hundred twenty
(120) days of the fiscal year end of the gaming operation.

B. 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.

14|Page


April 12, 2008

TMCI General Council

Cc. Terms

g. The individual is employed by the Tribal Gaming operation.

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.

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.

In order 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.

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.

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

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

4|Page


NAL J,
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Ve comm’

JUL 2.5 2008
Alex Sanchez
Executive Director
Torres Martinez Desert Cahuilla Indians
P.O. Box 1160
Thermal, CA 92274

Re: Amended Gaming Ordinance
Dear Mr. Sanchez:
This letter is in response to your request for the National Indian Gaming Commission
(NIGC) to review and approve the Torres Martinez Desert Cahuilla Indians Amended

Class II and Class III Gaming Ordinance, Resolution # TM-04-08-005, adopted and
approved by the Torres Martinez Desert Cahuilla Tribal Council on April 3, 1008.

This letter constitutes approval of you submission under the Indian Gaming Regulatory
Act (IGRA). It is important to note, however, that approval is granted for gaming only
on Indian lands, as defined by IGRA, over which the Nation has jurisdiction.

cc/ Thomas Weathers, Esq.

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

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


April 12, 2008

TMCI General Council

7|Page

6.

10.

11.

12.

13.

14.

415.

16.

17.

18.

19.

Issuing gaming licenses to Primary Management Officials and key
employees;

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

Establishing standards for licensing Tribal gaming operations;
Issuing facility gaming licenses to Tribal gaming operations;

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

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

Investigating any suspicion of wrongdoing associated with any
gaming activities;

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

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;

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;


April 12, 2008

TMCI General Council

6|Page

(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 interests 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.

(3) A written 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.

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.

2.

Conducting background investigations;

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

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

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

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


April 12, 2008

TMCI General

3|Page

Council

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

c. At least one Commissioner shall have no less than a bachelor's
degree in accounting or a related field and at least five years of
accounting experience.

Prior to any Tribal Gaming Commission member 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 Tribe 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


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April 12, 2008
TMCI General Council

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
the employee 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 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.

C. Background Investigations

1. The TMGC shall request from each 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 drivers
license numbers;

c. 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 (1) (b) of this section;

d. Current business and residence telephone numbers;
e. A description of any existing and previous business

relationship with Indian tribes, including ownership
interests in those businesses;

10|Page


April 12, 2008

TMCI General Council

D.

position.

E.

12|Page

Eligibility Determination

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 employment in a gaming operation. If the TMGC
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

Procedures for Forwarding Applications and Reports for Key
Employees and Primary Management Officials to the National Indian
Gaming Commission

1.

When a 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 D of this section.

The TMGC shall forward the report referred to in subsection F of
this section 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.

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

Report to the National Indian Gaming Commission

1.

Pursuant to the procedures set out in subsection E of this section,
the TMGC shall prepare and forward to the National Indian
Gaming 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;

ce. Conclusions reached; and


WHEREAS the Tribal Council believes that an emergency or urgent matter exists
because the casino stands to lose significant revenue unless the Class II devices are put
into operation but the approved Gaming Ordinance does not regulate or permit Class II
gaming on tribal lands so that the Tribe cannot lawfully place the Class I] devices into
operation without amending its Gaming Ordinance;

WHEREAS the Tribal Council wishes to amend its Gaming Ordinance under its
emergency powers to clarify that Class II gaming as well as Class III gaming is permitted
and regulated by the Tribe’s Gaming Ordinance and wishes to immediately submit the
amendment to the National Indian Gaming Commission for prompt approval;

NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby clarifies and
amends the Tribe’s approved Class II] Gaming Ordinance by replacing the phrase “Class
II” with the phrase “Class II and Class III” wherever said “Class III” appears in the
Gaming Ordinance.

BE IT FURTHER RESOLVED that the Tribal Council hereby submits this Resolution
to the National Indian Gaming Commission and requests immediate approval of the
amendment by the Chairman of the National Indian Gaming Commission or his designee.

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 and in the interest of the Tribe to
effectuate and implement the intent, purpose, and objectives of this Resolution.

CERTIFICATION

The undersigned, duly elected members of the Torres Martinez Desert Cahuilla Indians
Tribal Council, do hereby certify that the foregoing Resolution was adopted at a properly
called meeting with a quorum present on by vote of in
favor, opposed, and abstained. We do further certify that the foregoing
Resolution has not been rescinded or amended in any way.

Raymond Torres, Chairman M. Faith Morreo, Vice-Chairperson
Alesia Reed, Secretary Robert Hopkins, Treasurer

: MW (any pi Roweln>
Haryey Duro, Council Mary‘L.. Resvaloso, Council

Cilte Lit

Elena Morreo, Council Laura J. Hopkins, Council



TORRES MARTINEZ DESERT CAHUILLA INDIANS Ly
7

e
RESOLUTION # TM-04-08-005 c/

AMENDING GAMING ORDINANCE TO ALLOW CLASS II GAMING

WHEREAS the Torres Martinez Desert Cahuilla Indians (“Tribe”) is a federally
recognized Indian tribe possessing inherent powers of self-government;

WHEREAS the governing body of the Tribe is the General Council which consists of all
enrolled adult voting members of the Tribe eighteen (18) years of age or older;

WHEREAS the Tribe has also created a Tribal Council to place into effect and
implement all ordinances, resolutions and motions of the General Council and to
represent the Tribe in negotiations;

WHEREAS the Tribe has also granted to the Tribal Council emergency powers to act on
behalf of the Tribe without the specific authorization of the General Council when the
Tribal Council establishes that an emergency or urgent matter exists;

WHEREAS the Tribe adopted a Class II] Gaming Ordinance #TM-002-99 pursuant to
the Indian Gaming Regulatory Act that was approved by the Chairman of the National
Indian Gaming Commission on March 6, 2000 that sets the terms for Class III gaming on
tribal lands;

WHEREAS the Tribe intended when it adopted its original Gaming Ordinance that Class
II gaming would also be included and permitted within the Class III Gaming Ordinance
but by oversight neglected to include Class II gaming along with Class III gaming in the
language of the Gaming Ordinance;

WHEREAS the Tribe amended its Gaming 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 Tribe wishes to now engage in Class II gaming and recently realized that
it had inadvertently failed to include Class II gaming within its approved Class III
Gaming Ordinance;

WHEREAS the Tribe has received in the interim a shipment of Class II gaming devices
that are ready to be placed into operation in the Tribe’s existing casino and removed a
corresponding number of Class III gaming machines from the casino floor so that the
total number of machines (Class II and Class III) would stay below the cap permitted by
the Tribe’s gaming compact with the State of California;

WHEREAS the Tribe will be losing significant gaming revenue unless the Class III
machines removed from operation are immediately replaced with the Class II devices;


April 12, 2008
TMCI General Council

20. 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;

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

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

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

24. Ensuring that gaming facilities are constructed, maintained and
operated in a manner that adequately protects the environment and
the public health and safety;

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

26. 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;

VII. Licenses for Key Employees and Primary Management Officials
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. A person who performs one or more of the following functions:

(1) caller;
(2) Counting room supervisor
(3) Chief of security;
(4) Custodian of gaming supplies or cash
(5) Floor manager
(6) Pit boss,
(7) Dealer;
(8) Croupier;

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TMCI General Council

f. A description of any existing and pervious business
relationships with the gaming industry generally, including
ownership interests 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;

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 (1) (h) or (1) (i) of this section, the criminal
charge, the name and address of the court involved and the
date and disposition:

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. A current 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).

De The TMGC shall conduct an investigation sufficient to make a
determination under subsection D. 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.

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