JUL 2 1 1995 

Matthew Dick, Chairman 

The Confederated Tribes of the Colville ~eservation 

P.O. Box 150 

Nespelem, WA 99155 

Dear Chairman Dick: 

This letter responds to your re uest to review and approve the tribal gaming ordinance, xesolut 9 on numbers: 1995-348, 1995- 

179, and 1995-178, adopted June 1, 1995, February 15, 1995, and 

February 15, 1995, respectively, by the Confederated Tribes of 

the Colville Reservation (Tribe). 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 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not sub ect to review and approval. Also, 

such approval does not const 1 tute approval of s ecific games. It 

is important to note that the gaming ordinance P s approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is naw required to conduct background 

investigations on its key employees and primar management 

officials. The NIGC expects to receive a comp T eted application 

for each key employee and primary mana ement official pursuant to 

25 C.F.R. S 556.51a) and an investigat 9 va report on each 

background invest~gation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

$ 556.5(b). 

As you are aware, pursuant to 25 C.F.R. S 522.4(b) 6), a 

tribe shall issue a separate license to each place, fac 1 lity, or 

location on Indian lands where a tribe elects to allow class I1 

or class I11 gamin?. Enclosed in your submission,packet were 

licenses for the Mll1 Bay Casino and the Colville ,Tribal Bingo. 

Please be advised that if the Tribe elects to allow class I1 or 

class I11 at any other site, a copy of the license shall be 

submitted for such site. 

Thank you for submitting the ordinance of the Confederated 

Tribes of the Colville Reservation for review and approval. The 

NIGC staff and I look forward to working with you and the Tribe 

in implementing the IGRA. 

Sincerely yours, 

chairman 
JUL 1 0 1995 

1995-348 

RESOLUTION 

WHEREAS, it is the recommendation of Public Safety Committee 

that the Business Council adopt the amendments to Title 40 of the 

Colville Tribal Code as set forth: 

40.2.02 "Primarv Manaqement Official" Delete the second 

sentence in its entirety and substitute "and the chief 

financial officer or other person who has financial management 

responsibility or any person having management responsibility 

for a management contract. 

40.4.02 Limitation on Gaminq Operation: Substitute a period 

for the semicolon after the word reservation and delete all of 

the remaining section beginning with the word provided. 

40.5.03 Other Orsanizations and Entities. Delete this section 

and renumber sections 40.5.04 to 40.5.06. 

It was duly moved and seconded to amend 40.3.01 to 4 other members 

instead of 2. and 40.3.02 to 4 other members instead of 2. 12 FOR 

0 AGAINST. Motion Carried. 

THEREFORE, BE IT' RESOLVED, that we, the Colville Business 

Council, meeting in SPECIAL Session, this 1st day of JUNE, 1995, at 

the Colville Indian Agency, acting for and in behalf of the 

Colville Confederated Tribes do hereby approve the recommendation 

of the Public Safety Committee of the Business Council. 

The foregoing was duly enacted by the Colville Business 

Council by a vote of 12 FOR 0 AGAINST, under authority contained in 

Article V, Section l(a) of the Constitution of the Confederated 

Tribes of the Colville Reservation, ratified by the Colville 

Indians on February 26, 1938, and approved by the Commissioner of 

Indian Affairs on April 19, 1938. 

AT-TEST : 

7 

6Mria Picard, Acting ~hzirperson 

Colville Business Council 

cc:Joe Pakootas, Chairman, Public Safety Committee 

Alan Stay, Reservation Attorney 

John Dick, Gaming Commissioner 

Kathy Desautel, Financial Officer 
RESOLUTION 

WHEREAS, the amended Gaming Code, Title 40 was approved by 

Resolution 1995-178, and 

WHEREAS, it is the recommendation of the Executive Committee 

to amend 40.3.01 of said code that the number of individuals on the 

Tribal Gaming Commission be increased from 3 to 5 members, and 

WHEREAS, it is further recommended that the surveillance of 

the tribal gaming operations be placed under the Tribal Gaming 

Commissioner's Office and that this shall totally include the 

gaming operations security departments, to be effective 

immediately. 

THEREFORE, BE IT RESOLVED, that we, the Colville Business 

Council, meeting in SPECIAL Session, this 15th day of FEBRUARY 1995 

at the Colville Agency, do hereby approve the recommendation of the 

Executive Committee of the Business Council. 

The foregoing was duly enacted by the Colville Business 

council by a vote of 7 FOR 0 AGAINST, under authority contained in 

Article V, Section l(a) of the Constitution of the Confederated 

Tribes of the Colville Reservation, ratified by the Colville 

Indians on February 26, 1938, and approved by the Commissioner of 

Indian Affairs on April 19, 1938. 

ATTEST: 

- 

~olville Business Council 

cc:FCharette, Exec. Committee 

John Dick, Gaming commissioner 

Clay Antioquia, CEO, CTEC 

Jane Smith, Colville Tribal Court 

Kathy Desautel, Financial Officer 

EFFEegVE THIS RATE AS 

CERT\F\ED BY CODE REV\StR 
RESOLUTION 

WHEREAS, after the Indian ~aming Regulatory Act was adopted 

the Tribes found it necessary to amend it's Gaming Code which was 

adopted in 1981, and 

WHEREAS, the Code has been reviewed by the Public Safety 

Committee, and 

WHEREAS, the Public Safety committee recommends to adopt the 

attached amended Gaming Code in light of the pending deadline for 

review by the National Indian Gaming Commission, and 

THEREFORE, BE IT RESOLVED, that we, the Colville Business 

Council, meeting in SPECIAL Session, this 15th day of FEBRUARY 

1995, at the Colville Agency, do hereby approve the recommendation 

of the Public Safety Committee of the Business Council. 

The foregoing was duly enacted by the Colville Business 

Council by a vote of 8 FOR 0 AGAINST, under authority contained in 

Article V, Section l(a) of the Constitution of the Confederated 

Tribes of the Colville Reservation, ratified by the Colville 

Indians on February 26, 1938, and approved by the Commissioner of 

Indian Affairs on April 19, 1938. 

ATTEST: 

- n&p&A&,+ 

Eddie Palmanteer, Jr., ~Vpirman 

Colville Business ~ouncir 

cc:Francie Charette, Exec. Committee 

John Dick, Gaming Commissioner 

Clay Antioquia, CEO, CTEC 

Jane Smith, Colville Tribal Court 

Kathy Desautel, Financial Officer 

EFFECTIVE THIS DATE AS 

CERTIFIED BY CODE REVISER 

CC.' - 

- 

- 
TITLE 40 

COLVILLE TRIBAL GAMING CODE 0 1995 

Chapter 40.1 Findings, Policy and Purpose 

Findinns The Colville Business Council finds that: 

(a) The Business Council has the authority, under the Constitution and ByLaws of the Tribes, to enact laws necessary for the protection of the health, security, 

and general welfare of the Confederated Tribes of the Colville Reservation (Tribes); 

(b) Certain forms of gaming activities are desired by Colville tribal 

members, and their regulation is necessary for the protection of the health, security, 

and general welfare of the Tribes; 

(c) Revenues from such activities are essential to fund tribal governmental 

programs and services; 

(d) Authorized forms of gaming activities must be regulated and operated 

by the Tribes to insure their orderly and lawful operation in order to protect the public 

interest in the integrity of such gaming activities to prevent improper or unlawful 

conduct in the course of such gaming activities and to promote the development of 

a balanced tribal economy by dedicating all of the net revenues from such gaming 

activities to the public purposes of the Tribes; and 

(e) Washington State law is not applicable to tribal operations, nor does 

it adequately address the special interests and needs of the Tribes in both protecting 

the Reservation and its residents and providing needed revenues to the Tribes. 

Under the tribal and federal policies of Indian self-determination, it is necessary and 

appropriate for the Tribes to regulate gaming on the Reservation. 

40.1.02 Policv 

It shall be tribal policy to develop and oversee the regulation and operation 

of authorized gaming activities to the end that the Tribes is better able to provide its 

members with community and social services and economic development while at the 

same time insuring that unregulated gambling and gaming are not allowed on the 

Colville Reservation; and, 

Purpose The purposes of this Code are: 
(a) To provide a new and continuous source of revenue for governmental 

and social services to the Tribes and employ tribal members; 

(b) To insure the proper regulation and operation of authorized amusement 

games and gambling; 

(c) To allow tribal members and guests to participate in certain forms of 

amusement games and gambling; 

(d) To provide for the social welfare and protection of tribal members and 

all others who reside within or who may pass through the Reservation; and 

(e) To pre-empt State law, including the licensing, taxing, revenue 

distribution and enforcement parts of RCW 9.46 as that law may apply to those 

activities specifically covered by this Code, and to implement in the place of State 

law, tribal regulation and control of the activities covered herein. 

Chapter 40.2 Definitions 

40.2.01 Rules of Construction: In this Code, unless otherwise specifically 

provided: 

(a) The masculine includes the feminine; 

(b) The singular includes the plural 

(c) "Includes" and "including" are not limiting; and 

(d) "Or" is not exclusive. 

40.2.02 Definitions: For purposes of this Code, unless otherwise expressly 

provided, the following definitions shall apply: 

"Act" means the Indian Gaming Regulatory Act, Public Law 100-497, 25 

U.S.C.§§2701-2721 and 18 U.S.C. §§1166-1168. 

"Amusement game" reserved 

"Applicant" means any person who has applied for a license or finding of suitability 

under the provisions of this Code or Commission regulations, or employment with a 

Gaming Facility Operator, or approval of any act or transaction for which approval 

is required or permitted under the provisions of this Code or Commission regulations. 

"Application" means a request for the issuance of a license or finding of suitability 

or for employment by a Gaming Facility Operator, or for approval of any act or 

transaction for which approval is required for permitted under the provisions of this 
Code or Commission regulations. 

"Bingo" means a form of gaming wherein there is an opportunity to win prizes that 

are awarded on the basis of obtaining designated numbers or symbols on a card, 

screen, or otherwise; conforming to numbers or symbols selected at random, the 

opportunity for which persons are charged some consideration. 

"Bingo equipment" includes all equipment which is actually used, or made or sold 

for the purpose of use, in bingo games for which consideration is charged persons 

to play, in connection with which prizes are awarded. Unless otherwise specified, the 

term shall include, but not be limited to, machines or other devices from which balls 

or other items are withdrawn to determine the letters and numbers or other symbols 

to be called, those balls or items themselves, bingo cards, and any other device 

commonly used in the direct operation of the game. 

Bingo game sets commonly manufactured and sold as children's games for 

a retail price of fifty dollars ($50) or less shall be presumed not to be bingo 

equipment for purposes of this Code unless the set, or portion thereof, is actually 

used in a bingo game as defined above where prizes of a value of five dollars ($5.00) 

or more are offered. 

"Class I Gaming" means all form of gaming defined as Class I in Section 4(6) of the 

Act, 25 U.S.C. § 2703(6). 

"Class II Gaming" means all forms of gaming defined as Class II in section 4(7) of 

the Act, 25 U.S.C. §2703(7). 

"Class Ill Gaming" means all forms of gaming as defined in Section 4(8) of Act, 25 

U.S.C. §2703(8). 

"Colville Business Council" means the Business Council of the Confederated 

Tribes of the Colville Reservation exercising its constitutional functions and duties. 

"Colville Tribal Enterprise Corporation" means the entity chartered by the 

Business Council on July 23, 1984 in accordance with Title 25 of the Colville Tribal 

Code. 

"Commission" means the Colville Tribal Gaming Commission established by this 

Code. 

"Commission Director" means the individual appointed by the Commission as 

approved by the Business Council to direct the day to day operation of the 

Commission as provided herein. 
"Credit instrument" means a writing which evidences a gaming debt owed to the 

Tribal Gaming Operation, and includes any writing taken in consolidation, redemption 

or payment of a prior credit instrument. 

"Enterprise" means the Enterprise(s) established by the Tribes and CTEC to 

conduct all gaming operations of the Tribes on the Reservation, which currently 

include Mill Bay Casino and Colville Tribal Bingo. 

"Finding of suitability" means an approval granted to a person or enterprise 

directly or indirectly involved with the Gaming Operations and relates only to the 

specified involvement for which it was made. If the nature of the involvement 

changes from that for which the applicant is found suitable, the Tribal Gaming 

Commission may require the person or enterprise to submit for a determination of 

suitability in the new capacity. 

"Game" and "gambling game" means any game with cards, dice, equipment or any 

mechanical, electromechanical or electronic device or machine for money, property, 

checks, credit or any representative of value, including any banking or percentage 

game. 

"Gaming" or Gambling" or "Gaming Activity" means to deal, operate, carry on, 

conduct, maintain or expose for play any game, slot machine, gaming device, parimutuel operation, off-track pari-mutuel operation, interstate common pari-mutuel 

pool, or race book as defined in this Code and means all forms of Class II and Class 

Ill gaming owned and operated by the Tribes and conducted on the Indian Lands of 

the Tribes, or any other game or device approved by the Commission, but does not 

include games played with cards in private homes or residences in which no person 

makes or charges money for operating the game, except as a player nor include 

traditional Indian games played by tribal members and their guests. 

"Gaming device" or "Electronic Game of Chance" means a microprocessorcontrolled electronic device which allows a player to play games of chance, some of 

which are affected by skill, which device is activated by the insertion of a coin, 

currency, tokens, or by the use of a credit, and which awards game credits, cash, 

tokens, replays or a receipt that can be redeemed by the player. For any of the 

foregoing, the game play may be displayed by: Video facsimile; or 

Mechanical rotating reels whereby the software of the device 

predetermines the stop positions and the presence, or lack thereof, of 

a winning combination and pay out, if any. 
"Gaming employee" means any person employed as a Primary Management 

Official or Key Employee of a Gaming Operation of the Tribes and any person 

employed in the operation or management of a Gaming Operation, including, but not 

limited to, any person whose employment duties require or authorize access to 

restricted areas of a Gaming facility not otherwise to the public. 

"Gaming equipment" means any equipment or mechanical electromechanical or 

electronic contrivance, component or machine used remotely or directly in connection 

with gaming, any game that would not otherwise be classified as a gaming device, 

including dice, playing cards, equipment which affects the proper reporting of gaming 

revenue, computerized systems for monitoring gaming devices for weighing or 

counting money. 

"Gaming Facility" or "Gaming facilities" means the building, improvements and 

facilities in which Class II andlor Class Ill gaming, is conducted. 

"Gaming Operation" means any Gaming Activity conducted within any Gaming 

Facility. 

"Gaming Facility Operator" means the Tribes, an enterprise owned by the Tribes, 

or such other entity of the Tribes as the Tribes may from time to time designate as 

the wholly-owned Tribal entity having full authority and responsibility for the 

operation and management of Class II and Class Ill gaming activities. 

"Gaming services" means the providing of any goods or services, except for legal 

services, to the Tribes in connection with the operation of Class II or Class Ill gaming 

in a gaming facility, including but not limited to, equipment, transportation, food, 

linens, janitorial supplies, maintenance or security services for the gaming facility, in 

an amount in excess of $10,000 in any single month. 

"Gross gaming revenue" means the total of all cash received as winnings, cash 

received in payment for credit extended by the Gaming Operation to a patron, and 

compensation received by the Gaming Operation for conducting any game in which 

the Gaming Operation is not a party to the wager, less the total of all cash paid out 

as losses to patrons. 

"Gross receipts" means the total of all sums received as revenue from the operation 

of an authorized gambling activity during a given period of time, without allowances, 

or deduction for pay out of winnings, costs of the transaction, cost of the materials 

or equipment used, labor expense, interest, discount, rent, taxes or any other 

allocated or allocable expense or loss during the same period of time. 
"Internal control system" means written administrative and accounting procedures 

for the purpose of exercising effective control over the internal fiscal affairs of the 

Gaming Operation. 

"Interstate common pari-mutuel pool" means a pari-mutuel pool consisting of parimutuel wagers placed at a track, its intrastate betting locations, other jhrisdictions 

and the off-track pari-mutuel wagers placed and accepted by pari-mutuel books. 

"Immediate family" means and is limited to, the sub'ect individual's spouse, 

children, and parents--adoptive or biological. 

"License" means an approval issued by the Tribal Gaming Commission to any 

natural person or entity to be involved in the Gaming Operation or in the providing 

of Gaming Services to the Tribes. 

"Licensee" means any natural person or entity who has been licensed by the Tribal 

Gaming Commission to be involved in the Gaming Operation or in the providing of 

Gaming Services to the Tribes. 

"Live Broadcast" means an audio and video transmission of a race, or series of 

races, as it occurs at a track, whether or not it is furnished by a disseminator for a 

fee. 

"Lottery" means a scheme, plan or device for the distribution of money or property 

by an element of chance which, for the opportunity to possibly share in such distribution, persons have paid or agreed to pay a valuable consideration. "Valuable 

consideration" as an element of a lottery shall not include: 

(1) Listening to or watching a television or radio program or 

subscribing to a cable television service; 

(2) Filling out and returning a coupon or entry blank or facsimile 

which is received through the mail or published in a newspaper or magazine, 

or in a program sold in conlanction with and at a regularly scheduled sporting 

event, or the purchase of such a newspaper, magazine or program; 

(3) Sending a coupon or entry blank by mail to a designated 

address in connection with a promotion conducted on the Colville 

Reservation; 

(4) Visitation to any business establishment to obtain a coupon or 

entry blank; 
(5) Mere registration without the purchase of any goods or services; 

(6) Expenditure of time, thought, attention or energy in pursuing 

promotional material; 

(7) Placing or answering a telephone call in a prescribed manner or 

otherwise making a prescribed response or answer; or 

(8) Furnishing the container of any product as packaged by the 

manufacturer, or a particular portion thereof but only if furnishing a plain piece 

of paper or card with the name of the manufacturer or product handwritten on 

it is acceptable in lieu thereof. 

"Management Contract" means a contract within the meaning of 25 U.S.C. 

§§2710(d)(9) and 271 1. 

"Management Contractor" means a natural person or entity that has entered into 

a Management Contract with the Tribes or a Gaming Facility Operator which has 

been approved pursuant to 25 U.S.C. §§2710(d)(9) and 271 1. 

"Manufacturer" means a natural person or entity that manufactures Gaming Devices 

andlor component parts thereof as defined by this Code or Commission regulations 

for use or play in the Gaming Facilities. 

"National Indian Gaming Commission (NIGC)" means the federal commission 

established pursuant to 25 U.S.C. S 2704. 

"Net Revenue" means gross revenues of a gaming activity less amounts paid out 

as, or paid for, prizes, winnings and total operating expenses including debt service 

but excluding management fees paid to a management contractor. 

"Off-track pari-mutuel wager" means a wager placed by a patron and accepted by 

the Gaming Operation's pari-mutuel book on a race or races offered as part of an 

interstate common pari-mutuel pool whether or not the wager is actually included in 

the total amount of the interstate wagering pool. 

"Pari-mutuel" means a system of wagering on a race or sporting event whereby the 

winners divide the total amount wagered, after deducting commission, fees, and 

taxes, in proportion to the amount individually wagered. 

"Patron" means any person or group of persons who participate as players in games 

as defined by this Code, or who are physically present on premises wherein or 
whereon such games are being played, but shall not include current employees of 

the gaming operation who are actually providing services at the time such games are 

being played. 

"Person" means any association, partnership, corporation, firm, trust, co-operative 

or other form of business entity, as well as a natural person. 

"Premises" means land together with all buildings, improvements, fixtures, and 

personal property located thereon. 

"Primary Management Official" means any individual of the gaming enterprise who 

exercises authority over the daily operation of the gaming facility, including the 

authority to hire and fire employees, to supervise employees or to establish 

operational policy for the gaming activity or gaming facility and the chief financial 

officer or other person who has financial management responsibility for a 

management contract. 

"Principal" means with respect to any person; 

Each of its officers and directors; 

Each of its principal management employees, including any chief executive 

officer, chief financial officer, chief operating officer or general manager; 

Each of its owners or partners, if an unincorporated business; 

Each of its shareholders who own more than ten (1 0) percent of the shares of 

the corporation, if a corporation; 

Each person other than a banking institution who has provided financing for 

the entity constituting more than ten (10) percent of the total financing of the 

entity, and 

Each of the beneficiaries, or trustees of a trust. 

"Race book" means the business of accepting wagers upon the outcome of any 

event held at a track which uses the pari-mutuel system of wagering. 

"Regulation" means a rule, standard, directive or statement of general applicability 

which effectuates the provisions and policy of the Commission, this Code or the 

policy of the Tribes. 

"Reservation" or "Tribal lands" means Tribal Indian Lands as defined by 25 U.S.C. 

52703 (4)(A) and (B), subect to the provisions of 25 U.S.C. 5271 9. 

"State" means the State of Washington, its authorized officials, agents and 

representatives. 
"Services" means labor provided by one person to or for another, where such labor 

is proved in pursuit of the purposes of gambling on the Colville Reservation. 

"Track" means an in-state or out-of-state facility licensed to operate horse or other 

racing where pari-mutuel wagering on races is conducted. Where applicable, the 

term also includes a person or governmental agency in or outside a state that 

operates a track or shares in its revenues and also includes an association of tracks. 

"Tribal Court" means the Courts of the Confederated Tribes of the Colville 

Reservation exercising their constitutional functions. 

"Tribal Law Enforcement Agency" means the police force of the Tribes established 

and maintained by the Tribes pursuant to the Tribes powers of self-government to 

carry out law enforcement on the Reservation. 

"Tribal-State Compact or Compact" means a written document, either negotiated 

and agreed to by the Colville Tribes and an official or agency of the State of 

Washington, or prescribed by the Secretary pursuant to 25 U.S.C. S 2710(7)(B)(vii), 

governing the conduct of Class Ill gaming activities on the Colville Reservation. 

"Tribes" and "Tribal" means the Confederated Tribes of the Colville Reservation 

Chapter 40.3 Colville Tribal Gaming Commission 

40.3.01 Establishment 

There is hereby established a Colville Tribal Gaming Commission which shall 

carry out law enforcement and regulatory functions as defined in this Code, 

consisting of a chairman and two other members, at least two of whom shall be 

members of the Tribes, but none of whom shall be employees or managers of the 

Enterprises or CTEC. The members of the Public Safety Committee of the Business 

Council shall serve as the Interim Colville Tribal Gaming Commission. The Business 

Council shall appoint the permanent Commission pursuant to this Code no later than 

ninety (90) days from the adoption of this Code unless said time period is extended 

by Resolution of the Business Council. 

40.3.02 Composition 

The commission chairman and two members shall be appointed by Resolution 

of the Council to a term of 3 years commencing on the date of their appointment; 

provided, that the initial members so appointed shall serve for terms deemed to 

commence on April 1, 1995 and one of the initial members appointed shall be 
designated to serve an initial term of one year and one of the initial members 

appointed shall be designated to serve for an initial term of two years. 

40.3.03 Qualifications of Commissioners 

The Commissioners shall be at least thirty five years of age and shall have 

substantial education or experience in gaming operations, the practice of gaming 

law, gaming control, law enforcement, accounting, or public administration. No 

member or employee of the Commission shall participate as a player in any gaming 

activities conducted by the Tribes. 

40.3.04 Compensation 

The members of the Commission shall serve on a part-time basis as needed 

to perform the functions established by this Code. Compensation for the 

Commissioners shall be set by the Commission, with approval by the Business 

Council., 

40.3.05 Powers and Duties of the Commission 

The Colville Tribal Gaming Commission is empowered to: 

(a) Administer this code, by exercising general control of all gaming, 

amusement games and gambling as well as exercising all powers necessary 

to accomplish the purposes of this code and recommend to the Business 

Council amendments to this code; and 

(b) Adopt and enforce rules and regulations in furtherance of the purposes 

of this code and the performance of its administrative functions; and 

(c) Establish by written regulation and oversee any tribal or other 

amusement game and gambling enterprise including pari-mutuel betting, 

which may hereafter be authorized by the Commission through regulation. 

(d) Collect fees and payments established by this code or by regulation. 

(e) Issue and revoke licenses given pursuant to this Code. 

(f) Investigate violations of this Code, file complaints under this Code, 

issue subpoenas and request search warrants upon proper allegations of 

violations of this Code; and with the aid of the tribal prosecutor request arrest 

warrants for violations of this Code. 

(g) Establish and revise Standards of Operation and Management for Class 
II and Class Ill gaming activities for adoption by the Business Council, as well 

as reasonable and necessary standards for Class I gaming.. 

(h) Impose penalties for violations of this Code, any applicable compact or 

the standards operation and management in accordance with Chapter 40.8 

of this Code. 

40.3.06 Tribal Gaming Aaents (Inspectors) 

The Commission shall have primary responsibility for oversight of tribal 

gaming operations to assure the integrity of such operations and shall, for that 

purpose, employ non-uniformed inspectors who shall be present in all gaming 

facilities during all hours of operation and who shall be under the sole supervision 

of the Commission and not to any management employees of the Tribal gaming 

operations. Such inspectors shall have unrestricted access to all areas of the 

gaming facilities at all times, and personnel employed by the Enterprise shall for such 

purposes proved such inspectors access to locked and secured areas of the gaming 

facilities in accordance with the standards of maintenance and operation adopted by 

the Business Council. Such inspectors shall report to the Commission regarding any 

failure by the Enterprise to comply with any of the provisions of this Code and any 

other applicable documents and laws and ordinances of the Tribes. Inspectors 

assigned by the Commission shall also receive consumer complaints within the 

gaming facilities and shall assist in seeking voluntary resolution of such complaints. 

Investigations 

The Commission may on its own initiative investigate any aspect of the 

operations of the Enterprise in order to protect the public interest in the integrity of 

such gaming activities, and to prevent improper or unlawful conduct in the course of 

such gaming activities, and shall investigate any report of a failure of the Enterprise 

to comply with the provisions of this Code and any applicable Compact and may 

require the Enterprise to take any corrective action deemed necessary by the 

Commission upon such terms and conditions a the Commission may determine 

appropriate. The Commission may compel any person employed by or doing 

business with the Enterprise to appear before it and to provide such information, 

documents or other materials as may be in their possession to assist in any such 

investigation. 

40.3.08 Public Safetv Plan 

The Commission shall prepare a plan for the protection of public safety and 

the physical security of patrons in each of its gaming facilities, following consultation 

with local law enforcement agencies, setting forth the respective responsibilities of 

the Commission, the security department of the Enterprise, the Tribal Police 
Department, and local law enforcement agencies. 

Health and Safetv Standards 

The Commission shall enforce the health and safety standards applicable to 

the gaming facilities of the Enterprise in accordance with this Code. Prior to the 

opening of any facility for Class Ill gaming the Enterprise shall obtain a certificate of 

compliance from the Commission upon a determination that the gaming facilities of 

the Enterprise comply with such standards. 

40.3.10 Complaints 

The Commission may receive any complaint from an employee of the 

Enterprise or any member of the public who is or claims to be adversely affected by 

an act or omission of the Enterprise which is asserted to violate this Code, any 

applicable regulation, or the Standards of Management and Operation adopted 

pursuant to this Code, and may upon consideration of such complaint order such 

remedial action as it deems appropriate to bring the Enterprise into compliance with 

such provisions. The Commission may for this purpose, in its sole discretion, 

conduct a hearing and receive evidence with regard to such complaint if it deems an 

evidentiary proceeding useful in the resolution of such complaint. 

Budget 

The Commission may adopt an annual operation budget which shall be 

subJect to the approval of the Business Council and may in accordance with said 

budget employ such staff from time to time as it deems necessary to fulfill its 

responsibilities under this Code, and may obtain legal counsel and other professional 

services including investigative services to assist the Commission with respect to any 

of the issues over which the Commission exercises Jurisdiction. The expenses of the 

Commission in accordance with such budget shall be assessed against the 

Enterprises and the Enterprises shall pay such assessment to the Tribes. 

Chairman 

The Chairman of the Commission or any other member of the Commission 

acting in the absence of the Chairman may, whenever he deems it necessary to 

protect the public interest in the integrity of Tribal gaming operations, issue in the 

name of the Commission any order which the Commission has the power to issue, 

to the Enterprise or any employee or contractor of the Enterprise or to any other 

person within the 'hrisdiction of the Tribes to take any action or cease and desist 

from any action as may be required to protect to the public interest; provided, that 

such order shall be subrect to review by the Commission at its earliest opportunity, 
whereupon it may be confirmed or vacated by the Commission. 

Commission Director 

The Commission shall appoint an individual to serve as a fill time Director of 

the Commission to administer its responsibilities on a day to day basis and to 

oversee inspectors appointed by the Commission as well as such other staff as the 

Commission may from time to time employ. The Director shall be responsible for 

coordination of the functions of the Commission with the Tribal Police and other law 

enforcement agencies. The Chairman may request the Director to conduct a 

preliminary investigation and render a recommendation to the Commission with 

respect to the grant or denial of any license, the imposition of any penalty, the 

investigation of any complaint, or any other action within the 'brisdiction of the 

Commission. The Director shall have the power, in the name of the Commission, to 

conduct any hearing, investigation or inquiry, compel the production of any 

information or documents, and otherwise exercise the investigatory powers of the 

Commission, as any other powers which the Commission may exercise under this 

Code. 

Procedures of the Commission 

(a) Regular meetings of the Commission may be held upon such notice, 

or without notice, and at such time and place as shall from time to time be 

fixed by the Commission. Unless otherwise specified by the Commission, no 

notice of such regular meeting shall be necessary. 

(b) Special meetings of the Commission may be called by the Chairman 

or the Commission Director. The person or persons calling the special 

meeting shall fix the time and place thereof. Neither the business to be 

transacted at, nor the purpose of, any regular or special meeting of the 

Commission need to be specified in the notice of the meeting. 

(c) At any meeting of the Commission, a masrity of the members then in 

office shall constitute a quorum for the transaction of business. The vote of 

a msl'brity of the members present at a meeting at which a quorum is present 

shall be the act of the Commission. The Chairman shall preside at all 

meetings of the Commission unless the Chairman designates another member 

to preside in his absence. 

(d) Any action required or permitted to be taken at a meeting of the 

Commission may be taken without a meeting if all of the members sign written 

consents setting forth the action taken or to be taken, at any time before or 

after the intended effective date of such action. Such consents shall be filed 

with the minutes of the Commission, and shall have the same effect as a 
unanimous vote or resolution of the Commission at a legal meeting thereof. 

Any such action taken by unanimous written consent in the form of resolutions 

or votes. 

(e) Members of the Commission may participate in a meeting of the 

Commission by means of conference telephone or similar communications 

equipment by means of which all persons participating in the meeting can 

hear each other, and participation in a meeting in such matter by any member 

who does not obect at the beginning of such meeting to the holding thereof 

in such manner shall constitute presence in person at such meeting. 

(f) No action of the Commission to impose a penalty pursuant to Chapter 

40.8 of this Code, or to revoke a license for a gaming employee previously 

issued by the Commission, shall be valid unless the person affected is given 

at least seven days notice of the proposed action and the opportunity to 

appear and be heard before the Commission, either in person or through a 

representative or legal counsel, and to submit such evidence as the 

Commission deems relevant to the matter at issue; provided, that if the 

Commission deems it necessary to protect the public interest in the integrity 

of the gaming activities, the Commission may take such action with immediate 

effect as it deems required, and shall thereupon provide notice and an 

opportunity to be heard to the affected person as soon as is reasonably 

practical following such action. Any person who is denied an initial gaming 

employee license or who is barred from the gaming facilities by action of the 

Commission may request a hearing before the Commission by written request 

submitted within thirty days following receipt of notice of the action of the 

Commission, and the Commission shall thereupon afford an opportunity to 

appear and be heard before the Commission, either in person or through a 

representative or legal counsel, and to submit such evidence as the 

Commission deems relevant to the matter at issue and thereafter the 

Commission shall either affirm or reconsider its decision. Any hearing 

conducted under this sub-section may at the direction of the Commission be 

conducted by the Commission Director or by one or more members of the 

Commission designated by the Commission for that purpose. 

(g) The Commission may adopt such additional procedures and rules as 

it deems necessary or convenient to govern its affairs and which are 

consistent with this Code. 
Chapter 40.4 Compliance with the Act 

40.4.01 Construction Consistent With IGRA 

This Code shall be construed in a manner which conforms to the Act in all 

respects, and if inconsistent with the Act in any manner, the provisions of the Act 

shall govern. 

40.4.02 Limitation on aamina operation 

In compliance with 25 U.S.C. §2710(b)(2)(A), the Tribes shall have the sole 

proprietary interest and responsibility for the conduct of any gaming activity on the 

Reservation. 

40.4.03 Application of net revenues 

In compliance with 25 U.S.C. $271 0(b)(2)(B), net revenues from any gaming 

activity are not to be used for purposes other than; 

(a) to fund tribal government operations or programs; 

(b) to provide for the general welfare of the Tribes and its members; 

(c) to promote tribal economic development; 

(d) to donate to charitable organizations; or 

(e) to help fund operations of local government agencies. 

Net revenues from gaming may be used to make per capita payments to members 

of the Tribes upon the preparation of a plan to allocate revenues to the above uses 

and approval of the plan by the Secretary of the Department of Interior. 

40.4.04 Annual audit 

In compliance with 25 U.S.C. §§2710(b)(2)(C) and (D), all gaming activities 

shall be subect to an audit by independent certified public accountants, not less than 

annually, and copies of the annual audit shall be provided to the NIGC. All contracts 

for supplies, services, or concessions for a contract amount in excess of $25,000.00 

annually (except contracts for professional legal or accounting services) relating to 

Class II or Class Ill gaming shall be subJ@ct to such audits. 

40.4.05 Public Safety Standards 

In compliance with 25 U.S.C. §2710(b)(2)(E), the construction and 

maintenance of any gaming facilities, and the operation of gaming activities, shall be 

conducted in a manner which adequately protects the environment and the public 

health and safety and for that purpose shall comply with all applicable health, safety 

and environmental standards enacted by the Tribes and to the extent that federal 
water discharge standards are specifically applicable to the Reservation, such 

federal standards shall govern. The Commission established by this Code shall be 

empowered to enforce these requirements as provided in Chapter 40.3 hereof. 

40.4.06 Backsround investisations (Finding of Suitability) 

In compliance with 25 U.S.C. §2710(b)(2)(F), all Class Ill gaming employees, 

including all primary management officials and key employees of any Class II or 

Class Ill gaming enterprise, together with other Class II gaming employees as are 

required by the Commission to secure such licenses, shall be licensed by the Tribes 

and subect to background investigations and ongoing review, including annual 

renewal of such licenses. The Tribes shall notify the NlGC of the results of the 

Commission's licensing process for its primary management officials and key 

employees in accordance with the regulations and procedures established the NlGC 

in 25 CFR Part 556. 

For all Class Ill gaming employees and those Class II gaming employees 

required to obtain a license as a gaming employee from the Commission established 

pursuant to this Code, the Commission shall conduct background investigations of 

all such employees and shall deny or revoke such licenses for any employee whose 

prior activities, criminal record, if any, or reputation, habits and associations pose a 

threat to the public interest or to the effective regulation of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal practice and methods and 

activities in the conduct of gaming. The Commission shall notify the NlGC of the 

results of its background investigation for the primary management officials and key 

employees of its Class II gaming operations as provided in 25 CFR Part 558 and all 

of its Class Ill employees. 

Chapter 40.5 Authorization For Gaming Activities 

40.5.01 Tribal Gamins Authorized 

(a) The Confederated Tribes of the Colville Reservation my conduct any 

Class II gaming activity authorized by the Commission consistent with 

provisions of this Code and the Act. 

(b) The Confederated Tribes of the Colville Reservation may conduct any 

Class Ill gaming activity authorized by the Commission consistent with the 

provisions of this Code and the Act. 
40.5.02 Tribal Orqanizations Other Than The Enterprise 

The Commission with the consent of the Business Council may authorize 

Tribal departments, political subdivisions or subordinate charitable organizations of 

the Tribes to operate raffles and amusement games. Such operation shall be 

consistent with this Code, and any special conditions imposed by the Commission. 

40.5.03 Authorization Bv Commission 

The Commission may authorize any Class I1 or Class Ill gaming activity 

"permitted " within the State as that term is defined under the Act. 

40.5.04 Prohibition Against Gaminq 

No person duly authorized by the Commission shall engage in, conduct of 

condone any Class II or Class Ill gaming activity unless such game is approved by 

the Commission and the regulations for the rules governing such game have been 

duly promulgated by the Commission. 

40.5.05 Traditional Games 

Traditional Indian games played by Tribal members and their guests shall not 

constitute gaming within the meaning of this Code but shall be suB@ct to reasonable 

and necessary regulation by the Commission. 

Chapter 40.6 Auditing And lnternal Control 

40.6.01 Minimum Procedures for Control of Internal Fiscal Affairs 

The Commission shall promulgate regulations for control of internal fiscal 

affairs of all gaming operations. At a minimum, those regulations shall: 

(a) Prescribe minimum procedures for safeguarding the gaming operation's 

assets and revenues, including recording of cash and evidences of 

indebtedness, mandatory count procedures. Such procedures shall establish 

a control environment, accounting system, and control procedures that 

safeguard the assets of the organization, assures that operating transactions 

are properly recorded, promote operational efficiency, and encourage 

adherence to prescribed policies; 
(b) Prescribe minimum reporting requirements to the commission; 

(c) Provide for the adoption and use of internal audits, by internal auditors 

and Certified Public Accountants licensed to practice public accounting; 

(d) Formulate a uniform code of accounts and accounting classifications to 

assure consistency, comparability and effective disclosure of financial 

information. Such code shall require that records be retained that reflect drop 

(amount of cash wagered by patrons), winlloss (amount of cash wonllost by 

the gaming operation) and the percentage of winlloss to drop, or provide 

similar information, for each type of game, or each gaming device; 

(e) Prescribe the intervals at which such information shall be furnished; 

(f) Provide for the maintenance of documentation (ie. checklists, programs, 

reports, etc.) to evidence all internal work performed as it relates to the 

requirements of this section; and 

(g) Provide that all financial statements and documentation referred to in 

subsection (f) be maintained for a minimum of two (2) years. 

40.6.02 Commission Oversinht of Internal Fiscal Affairs 

(a) The Commission shall, by regulation, require audits of the financial 

statements of all gaming operations. Such audits must: 

(1) be made by independent Certified Public Accountants; 

(2) include an opinion, qualified, or unqualified or, if appropriate, 

disclaim an opinion on the financial statements taken as a whole in 

accordance with standards of the accounting profession established by rules 

and regulations of the American Institute of Certified Public Accountants; and 

(3) disclose whether the accounts, records and control procedures 

maintained by the gaming operation are as required by the regulations 

promulgated by the Commission; and 

(4) provide for a preliminary review of the internal control structure, 

upon adoption of the policies and procedures by the entity, to disclose any 

deviation from prescribed rules and regulations and report such findings to the 

Commission and management. 

(b) The Commission shall bear its own costs related to performance of the 

provisions of this section. 
Commission Right to Conduct Audit 

The Commission shall be able to retain its own appointed accountants, or 

direct an accountant employed by the Tribes, to conduct its own audit of any gaming 

operation. 

Prohibition Against Embezzlement 

Any delay, maneuver or action of any kind which in the opinion of the 

Chairman is effectuated by any licensee to unlawfully divert gaming or other 

proceeds properly belonging to the Tribes shall constitute grounds for taking 

disciplinary action against that licensee. If the Commission finds an unlawful 

diversion was attempted, it shall sanction the licensee. Sanctions shall be in 

imposed in accordance with Chapter 40.8 and may include fining, revoking, 

suspending, limiting or refusing to renew the license. 

Non-Compliance 

Failure to comply with this chapter or the regulations promulgated hereunder, 

shall constitute a per se violation of this Code. 

Chapter 40.7 Prohibited Acts 

40.07.01 Violations 

It shall be a violation of this Code for any person to: 

(a) Conduct or participate in any Class I1 or Class Ill gaming operation on the 

Reservation other than an Enterprise. 

(b) Receive, distribute, apply or divert any property, funds, proceeds or other 

assets of the Enterprise to the benefit of any individual or any other person 

except as authorized by this Code and any applicable Resolution of the 

Tribes. 

(c) Tamper with any equipment used in the conduct of tribal gaming 

operations with the intent to cause any person to win or lose any wager other 

than in accord with the publicly announced rules of such gaming activities. 

(d) Do any other act in connection with the conduct of the tribal gaming 

operations with the intent to effect the outcome of any wager other than in 

accord with the publicly announced rules of such gaming activities. 
(e) To participate as a player in any regular public bingo game, any lottery, 

any pari-mutual wager, or game of chance authorized pursuant to Chapter 

40.5 hereof, conducted by the Tribes while such person is a member of the 

Tribal Council or a Director or employee of the Gaming Enterprise. 

Chapter 40.8 Enforcement, Sanctions and Penalties 

40.8.01 Sanctions 

Any person who within the Jhrisdiction of the Tribes conducts any unauthorized 

gaming activity regulated by the Commission shall be sub'ect to the sanctions and 

penalties of Titles 6 and 8, and Section 5.5.08 of the Colville Tribal Code as now or 

hereafter amended and shall also be subkt to civil penalties for each violation 

pursuant to s40.8.02 of this Code. 

40.8 .02 Civil Penalty 

Any person or entity who violates any provision of this Code or regulations 

adopted hereunder shall be sub'ect to a civil penalty of not less than fifty ($50) 

dollars and no more than five thousand ($5,000) dollars for each violation, in addition 

to any applicable criminal penalties. 

40.8.03 Permit or License Suspension 

Any person or entity who violates any provision of this Code or regulations 

adopted hereunder shall be subect to loss of the license provided under this Code 

for a period of not less than one month nor more than five years at the absolute 

discretion of the Commission. 

40.8.04 Citations 

When the Commission, its Director, an agent of the Commission or a tribal 

police officer has reasonable cause to believe that a violation of this Code is taking 

place or has taken place, the Commissioner, police officer or agent shall issue the 

violator a citation. All citations shall be referred to the Commission, and a duplicate 

copy delivered to the Tribal Prosecutor. 

40.8 .05 Removal 

The Commission, its Director, an agent of the Commission or a tribal police 

officer may remove any person subect to a citation pursuant to section 40.8.04 from 

a gaming facility whenever the circumstances of the violation lead them to believe 
that continuation of the activity will affect the public peace or safety or the honesty 

of the gaming activity. 

40.8.06 Separate Offenses 

Each day that a violation continues shall be considered a separate offense for 

the purposes of this Chapter. 

40.8.07 Appeal of Commission Decision 

An aggrieved party may appeal any final decision of the Commission under 

this Chapter to the Tribal Court. 

Chapter 40.9 Jurisdiction 

40.9.01 Tribal Court Jurisdiction 

The Colville Tribal Court shall have exclusive 'brisdiction to adJ&dicate 

controversies under this Code including appeals from final decisions of the 

Commission under Chapter 40.3. 

40.9.02 Sovereign Immunity Preserved 

Nothing in this Code is intended or shall be construed as a waiver of the 

sovereign immunity of the Tribes; and no manager, officer or employee of the 

Commissioner shall be authorized, nor shall he attempt, to waive the immunity of the 

Tribes. 

40.9.03 Damage Suits 

Damage suits against any employee, officer, agent, manager or director of the 

Tribes or any of its departments or agencies for disputes arising under this Code or 

regulations promulgated hereunder are prohibited. 

Chapter 40.10 Prior Ordinance Repealed 

The Colville Amended Gambling Code as adopted in Resolution 1983-61 is 

hereby repealed; provided, however, that the Commissioner, the Tribal Bingo 

Enterprise, Mill Bay Casino and the General Managers of the Gaming Enterprises 

and CTEC shall continue to exercise their respective powers and carry out their 

respective duties as established under the licenses issued under the former 
Amended Gambling Code until the Commission notifies each of them that they must 

obtain the necessary licenses under this Code for gaming activities within the 

'brisdiction of the Tribes. 

Chapter 40.1 1 Amendments and Severability 

40.1 5.01 Amendments 

All provisions of this Code and any regulations promulgated hereunder are 

subJ@ct to revision, repeal, or amendment by the Business Council at any time. 

40.15.02 Severability 

If any provision or application of this Code is determined by review to be 

invalid, such determination shall not be held to render such provision inapplicable 

to other persons or circumstances, nor shall such determination render invalid any 

other provision of this Code. 
ADDITIONAL SUBMISSION REQUIREMENTS 

TO THE NATIONAL INDIAN GAMING COMMISSION 

~11- 1 8 1995 

I. DESCRIPTION OF PROCEDURES FOR CONDUCTING BACKGROUND 

INVESTIGATIONS FOR APPLICATION FOR A COLVILLE GAMING 

EMPLOYEE LICENSE 

A. Responsibility and Applicability 

The Colville Business Council, governing body of the 

Confederated Tribes of the Colville Reservation, is 

responsible for the conduct of the background investigations 

and the determination of employee suitability prior to the 

issuance of a license to work at any gaming facility located 

on the Colville Reservation. This responsibility has been 

delegated pursuant to Title 40 of the Colville Tribal Code 

to the Colville Tribal Gaming Commission. 

B. Procedures 

In the process of screening prospective employees for 

employment in gaming facilities located on the Colville 

Reservation, the following procedures are prescribed to 

ensure the integrity and safe operation of gaming 

activities. All employee application forms shall provide 

for Tribal authority to conduct investigation of the 

criminal background of all applicants, and shall provide for 

the applicant's release of personal information to the 

Colville Tribal Gaming Commission and Colville Tribal Police 

Department (CTPD). Gaming employment application forms 

shall be similar to those in use by the CTPD for hiring full 

time law enforcement officers or as designated by the 

Commission. 

Once the waiver authorization has been signed, the applicant 

will be finger-printed by the Colville Tribal Police 

Department or an agent of the Commission holding a CTPD 

commission. Those fingerprints will then be submitted to 

the Federal Bureau of Investigation through the National 

Indian Gaming Commission for criminal history background and 

prior arrest information pursuant to the CHRI Agreement 

dated February 17, 1994. The Tribes may also enter the 

applicant into the Washington State ACCESS system, a state 

law enforcement computer network that is linked to the 

Washington Crime Information Center and the National Crime 

Information Center to disclose arrest details. Other 
criminal jurisdictions will be queried as needed. In some 

cases Colville Tribal Police Officers or Gaming Commission 

Agents will travel to other jurisdictions to complete door 

to door background investigations. In some extreme cases 

the use of a polygraph is available to the Tribes. 

In all investigations, procedures will include, at a 

minimum, the following disclosures by applicants for a 

Gaming Employee License: 

1) The verification, by written or oral 

communication, of information submitted by the 

applicant. 

2) Inquiry into the applicant's prior activities, 

criminal record, if any, and reputation, habits 

and associations; interview of a sufficient number 

of knowledgeable people such as former employers, 

personal references, and others to whom referred 

in order to provide a basis for the Tribes to make 

a finding concerning the eligibility for 

employment in a gaming operation. 

3) Documentation of the disposition of all potential 

problem areas noted and disqualifying information 

obtained. 

All investigations will be documented by a comprehensive 

written report, detailing the following: 

1) The steps taken in the conduct of the 

investigation; 

2) The results obtained; 

3) the conclusions reached; and 

4) The bases for those conclusions. 

In all Class I11 gaming employment situations all 

information will be shared between the National Indian 

Gaming Commission, relevant Licensing agencies and the 

Colville Tribal Gaming Commission. The following 

organizational chart defines line authority and structure of 

systems organization. 
C. Organizational Structure 

Entities responsible for key elements of the background 

investigations process include the following: 

Colville Business Council: The governing body of the 

Confederated Tribes of the Colville Reservation, ultimately 

responsible for compliance with the Tribal Gaming Code, 

other applicable Tribal laws, and all Federal law. The 

Colville Business Council delegates authority for the 

administration of gaming regulations pursuant its Gaming 

Code to the Colville Tribal Gaming Commission. 

Colville Tribal Gaming Commission: Responsible for the 

administration of all regulations and control of gaming 

activities on the Colville Indian Reservation in accordance 

with the Tribal Gaming Code, and the Indian Gaming 

Regulatory Act (25 U.S.A. sec 2710 (b) (2) (F) ) . Structured 

independent and separate from gaming business management 

activities, the Commission is currently composed of the 

Public Safety Committee of the Colville Business Council. 

The Code requires the Colville Business Council to appoint 

three members by April 1, 1995. The Commission is authorized 

to carry out its responsibilities through the proper 

screening and investigation, including background checks, of 

all prospective employees. The Commission initiates 

background checks through delegation to the Commission's 

Agency staff and the Colville Tribal Police Department. 

Director of Gaming Commission: An employee of the Colville 

Tribes, reports to the Colville Gaming Commission. 

Responsible for the review and approval of completed 

background investigations performed by Tribal Gaming Agents 

and as applicable, the Colville Tribal Police Department, as 

well as for the surveillance and security functions. The 

Director forwards all background information to the National 

Indian Gaming Commission and other law enforcement agencies 

as needed. 

Tribal Gaming Agents Commissioned By The Colville Tribal 

Police Department: Under the direction and supervision of 

the Director, Tribal Gaming Agents and, if needed, Tribal 

Police Officers will conduct background investigations as 

directed by the Colville Gaming Commission. All background 

investigations done on prospective casino employees will be 

forwarded to the Director who will communicate results to 

the Colville Gaming Commission. 
D. Fingerprints 

Fingerprints will be taken from each applicant by police 

commissioned agents of the Colville Tribal Gaming Commission 

in accordance with established departmental procedures. 

These fingerprints will be submitted to the Federzl Bureau 

of Investigation, in accordance with the CHRI Agreement. 

E . Suitability Determinations 

The Colville Gaming Commission will make suitability 

determinations, based on Tribal regulations and Federal law. 

Tribal Employee Gaming Licenses will only be issued to 

individuals who have successfully passed the background 

investigation, and after receiving a certification from the 

Colville Gaming Commission pursuant to its licensing and 

certification requirements. 

F. Selection of Regulatory Personnel 

The Colville Gaming Commission is established by Tribal 

Code, and members are appointed by the Colville Business 

Council, the governing body of the Confederated Tribes of 

the Colville Reservation. The Commission currently consists 

of the members of the Public Safety Committee of the 

Colville Business Council. The Colville Tribal Gaming Code 

requires the Council to appoint three Commissioners by April 

1, 1995. All Commission nominees also are required to 

undergo rigorous background investigations, which are 

presented to the Business Council prior to their final 

confirmation. All Commission members shall receive training 

in casino operations, as well as in specialized fields of 

expertise (i.e. security, surveillance, public policy, 

auditing, etc.) . 

11. LICENSE PROCEDURES FOR KEY EMPLOYEES 

Primary management and key employees will be certified and 

licensed by the Colville Tribes. Each applicant for a 

Tribal gaming license shall submit the completed application 

along with the required information to the Colville Gaming 

Commission. These forms shall contain information, 

documentation and assurances as may be required by the 

Commission concerning the applicant's personal history, 

references, criminal record, business activities, financial 

affairs, work history and experience, and educational 

background, in a greater level of detail than would be 
required of other non-class 111 gaming employees. Each 

completed application must be accompanied by the applicant's 

fingerprint cards, current photographs, and the fees 

required by the Commission. Upon receipt, the Tribes will 

transmit a copy of license application material for each 

applicant, together with fingerprint cards, a current 

photograph and any fee required, to the National Indian 

Gaming Commission. For applicants who are business 

entities, these provisions shall apply to the principal 

owners or officers of such entities. The NIGC will then 

either issue a certification for the key employee, or report 

to the Tribes why certification should be denied. The 

Colville Gaming Commission will then issue gaming licenses 

for properly certified individuals. 

111. DISPUTE RESOLUTION 

A. Gaming Public 

Customer disputes will be referred by the dealer or employee 

to the person's immediate supervisor in the gaming pit or 

other department. If a satisfactory solution cannot be 

obtained, the customer may discuss the problem with the most 

senior management official at the gaming facility, whose 

decision shall be final. Customers will also be referred to 

the Colville Tribal Gaming Commission if they remain 

dissatisfied or wish to alert these regulatory bodies of a 

perceived problem in the operation of the gaming facility. 

The Director shall investigate each complaint received and 

file its investigative report with the Commission. 

IV. AGENT FOR SERVICE 

The Tribe's agent for service for all matters pertaining to 

the regulation of gaming on the Colville Indian Reservation 

shall be as follows: 

Director, Colville Tribal Gaming Commission 

Confederated Tribes of the Colville Reservation 

P.O. Box 150 

Nespelem, WA. 99155 

with a copy to: 

Office of Reservation Attorney 

Confederated Tribes of the Colville Reservation 
P.O. Box 150 

Nespelem, WA. 99155 

The Honorable Eddie Palmanteer, Jr., is the present chairman 

of the Tribes and has served continuously in that capacity 

for the past 4 years. 

V. IDENTIFICATION OF LAW ENFORCEMENT AGENCY 

The Colville Tribal Police Department is responsible for 

general law enforcement on the Colville Indian Reservation. 

Agents of the Commission who hold commissions from the CTPD 

are responsible for fingerprinting all license applicants. 

That information is then submitted to the National Indian 

Gaming Commission for background and criminal history checks 

which shall be conducted by the Federal Bureau of 

Investigation pursuant to the CHRI Agreement. The Tribes 

will cooperate with the NIGC to complete the criminal and 

personal history checks if more in depth--information is 

required. 

Minimum investigative procedures includes the verification 

of information received from applicants through means 

available to the Colville Tribal Police Department. The 

background investigation will include inquiry into 

applicant's prior activities, criminal record, reputation, 

habits and associations; and interview of a sufficient 

number of knowledgeable people such as former employers, 

personal references, and others to whom referred in order to 

provide a basis for the Tribes to make a finding concerning 

the eligibility for employment in a gaming operation. An 

investigative report detailing steps taken in conducting the 

background investigation, results obtained, conclusions 

reached and the basis for those conclusions will be 

documented for the Tribal Gaming Commission's review and 

action. 

VI. COPIES OF TRIBAL GAMING REGULATIONS 

Tribal Gaming regulations that have been finalized are being 

forwarded to the National Indian Gaming Commission. Any new 

regulations will fully comply with all Tribal and Federal 

law and will be designed to protect the integrity of the 

gaming operation for the benefit and protection of the 

public, the Tribes and its members. 
TRIBAL GAMMG COMMISSION REGULATIONS .jUL I ' l!)q:i 

LICENSING FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 

1.010 Definitions For the purpose of this section, the following definitions apply: 

(a) Key Employee means: 

(1) A person who performs one or more of the following hnctions 

(i) Bingo caller; 

(ii) Counting room supervisor; 

(iii) Chief of security; 

(iv) Custodian of gaming supplies or cash; 

(v) Floor manager; 

(vi) Pit Boss; 

(vii) Dealer; 

(viii) Croupier; - - 

(ix) Approver of credit; or 

(x) 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. 

(b) Primary management official means: 

(1) The person having management responsibility for a management contract; 

(2) Any person who has authority: 

(i) to hire and fire employees; or 

(ii) to set up working policy for the gaming operation; or 

(iii) the chief financial office or other person who has financial 

management responsibility. 

(3) The chief fi nancial officer or other person who has financial management 

responsibility. 

1.020 Application Forms 

(a) 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: Solicit 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 oflicial 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 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 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. 

(b) Existing key employees and primary management officials shall be notified in 

writing that they shall either: 

(1) Complete a new application form that contains a Privacy Act notice; or 

(2) Sign a statement that contains the Privacy Act notice and consent tot he 

routine uses described in that notice. 

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

a primary 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. 

(18 U.S.C. tj1001) 

(d) The Tribes shall notify in writing existing key employees and primary management 

officials that they shall either: 

(1) Complete a new application form that contains a notice regarding false 

statements; or 

(2) Sign a statement that contains the notice regarding false statements. 
1.030 Background Investig;~tiorls 

(a) The Tribes shall request from each primary management official and from each key 

employee all of the following information: 

(1) Full name, other names used (oral or written), social security number(s), 

birth date, place of birth, citizenship, gender, all languages (spoken or 

written); 

(2) 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; 

(3) 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 Section 1.030(a)(2); 

(4) Current business and residence telephone numbers; 

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

Indian tribes, including ownership interests in those businesses; 

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

gaming industry generally, including ownership interests in those 

businesses, 

(7) 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; 

(8) 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; 

(9) For each misdemeanor conviction or ongoins 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; 

(10) For each criminal charge (excluding minor traffic violations), within 10 

years of the date of application and is not otherwise listed pursuant to 

Section 1.030(a)(9), the criminal charge, the name and address of the court 

involved and the date and disposition; 
(1 1) 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 2) A current photograph; 

(13) Any other information the Tribes deems relevant; and 

(14) Fingerprints consistent with procedures adopted by the Tribes according to 

25 C.F.R. §522.2(h). 

(b) The Tribes shall conduct an investigation sufficient to make a determination under 

Section 1.040 below. In conducting a background investigation, the Tribes or its 

agent shall promise to keep confidential the identity of each person interviewed in 

the course of the investigation. 

1.040 Eligibility Determination 

The Tribes 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 Tribes 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. 

1.050 Procedures 

Procedures for forwarding applications and reports for Key Employees and Primary 

Management Officials to the National Indian Gaming Commission. 

(a) When a key employee or primary management official begins work at a gaming 

operation authorized by this ordinance, the Tribes shall forward to the National 

Indian Gaming Commission a completed application for employment and conduct 

the background subsection (d) of this section. 

(b) The Tribes shall forward the report referred to in Section 1.060 to the National 

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

within 60 days of the approval of Title 40 by the Chairman of the National Indian 

Gaming Commission. 

(c) 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. 
1.060 Report to the National Indian Gaming Con~~i~issioi~ 

(a) Pursuant to the procedures set out in Section 1.050, the Tribes 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. 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

(b) The Tribes shall submit, with the report, a copy of the eligibility determination 

made under Section 1.040. 

(c) If a license is not issued to an applicant, the Tribes: 

(1) Shall notitjl the National Indian Gaming Commission; and 

(2) 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. 

(d) With respect to key employees and primary management officials, the Tribes shall 

retain applications for employment and reports (if any) of background 

investigations 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. 

1.070 Granting a Gaming License 

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

notifies the Tribes 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 Tribes has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribes may issue a license to such 

applicant. 

(b) The Tribes shall respond to a request for additional information from the chairman 

of the National Indian Gaming Commission concerning a key employee or a 

primary management official who is the subject of a report. Such a request shall 

suspend the 30-day period under Section 1.070(a) until the Chairman of the 

National Indian Gaming Commission receives the additional information. 
(c) If, within the thirty (30) day period described above, the National Indian Gaming 

Commission provides the Tribes with a statement itemizing objections to the 

issuance of a license to a key employee or to a primary management official for 

whom the Tribes has provided an application and investigative report to the 

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

taking into account the objections itemized by the National Indian Gaming 

Commission. 

1.080 License Suspension 

(a) If, after the issuance of a gaming license, the Tribes 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 Section 1.040, 

the Tribes shall suspend license and shall notify in writing the licensee of the 

suspension and proposed revocation. 

(b) The Tribes shall notify the licensee of a time and a place for a hearing on the 

proposed revocation of a license. -. 

(c) After a revocation hearing, the Tribes shall decide to revoke or to reinstate a 

gaming license. The Tribes shall notitjl the National Indian Gaming Commission of 

it decision.