Resolution # 00- /7/ -DSB

RESOLUTION OF TILE GOVERNING BODY OF

filE THREE AFflLIATED TRIBES OF THI ;.j ~ -~ (9

FORT BERTHOLD RESERVATION U~i

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the

authority under said Act; and

WHEREAS, The Constitution of the Three Affiliated Tnl,es generally authorizes and empowers the

Tribal Business Council to engage in activities on behalf of and in the interest of the

welfare and benefit ofthe Tnl)es and ofthe enrolled m nberithereo~ and

WHEREAS, Article VI, Section 5(1) of the Constitution of the Three Affiliated Tribes specifically

authorizes and empowers the Tribal Business Council to adopt resolutions regulating

the procedure of the Tribal Business Council, other Tribal government entities, and

Tribal officials; and

WHEREAS, Via Resolution Nos. 94-38-MW and 94-084-BR, the Tribal Business Council adopted

a Tnl,al Gaming Ordinance, Chapter 27 of the Codified L2ws of the Three Affiliated

Tribes, which was approved by the National Indian Gaming Commission (NIGC) on

November 17, 1994 and March 8, 1995; and

WHEREAS, The Tribal Gaming Ordinance, in Section 2.1, established a Tribal Gaming Commission

composed offive (5) members, with one (1) alternate; and

WHEREAS, The Tribal Business Council has determined that it wants a Tribal Gaming Commic~ion

composed of seven (7) members, and by action ofthe Council taken on March 7, 2000

by Resolution No. 00-72, and by action of the Council taken on March 10, 2000, by

Resolution No. 00-88, has appointed \~itney Bell as the seventh member ofthe Tribal

Gaming Commission and Luther Giinnell as an eighth member of the Tribal Gaming

Commission, respectively,

NOW, nJ1~REF0RE, BE iT RESOLVED, That the Tribal Business Council of the Three

Affiliated Tribes hereby amends Section 2 ofthe Tribal Gaming Ordinance ofthe Three

Affiliated Tribes to read as follows:

SECTION 2. TRIBAL GAMING COMMISSION

2.1 There is hereby established a gaming Commission which shall be called the

Three Affiliated Tribes Gaming Commission. The Commission shall have

seven (7) members all of whom shall be appointed by the Tribal Business

Council. The Commission shall be filled by selecting from the adult enrolled

members of the Three Affiliated Tribes resident on the Reservation.

The members of the Commission shall serve terms of four (4) years.
Resohition #00. 17/ -DSB

Page 2 of 3

SUccessor Commission members shall be designated not sooner than sixty (60)

days nor later than thirty (30) days before the terms ofthe members ecpire. A

Commission member may be removed duiing his or her term for cause upon a

two-thirds vote ofthe members voting ofthe CounciL Vacancies which ocour

by death, disability, resignation or removal shall be filled by the Council within

thirty~ (30) days after the vacancy ocaus, and such replacement shall save the

remainder ofthe terms ofthe former member.

2.1.1 The Commission shall be funded in accordance with a budget prepared

by the Commission and as approved by the Council.

2.2 No member ofthe Commission shall engage in any business which is subject to

regulation by the provisions ofthis Ordinance.

2.3 The Commission shall act by majority vote of a quorum present and each

member of the Commission shall be entitled to one vote. A quorum shall

consist offive (5) members.

2.4 The Tnl,al members shall appoint the members of the Commission as soon as

possible after the effective date of the Ordinance. Such members shall assume

their offices immediately upon appointment;, and shall serve until their

successors are appointed.

2.5 The Commission shall elect from among its members a Chairman, a

Comptroller, and such other officers as the Commission may deem appropriate.

The Comptroller shall be bonded, and shall be responsible for all money

collected by the Commission.

NOW ThEREFORE, BE iT FURTHER RESOLVED, That the Tribal Business Council hereby

ratifies any and all acts of the Commission taken since March 7, 2000 to the present, in

which the seventh and eighth members appointed by the Council on March 7, 2000

and March 10, 2000 have pathcipated and

NOW, THEREFORE, BE iT FURTHER RESOLVED, That the Tnl,al Business Council does

hereby rescind Resolution No. 00-88 appointing Luther Giinnell as a Gaming

Commissioner in its entirety, and instead appoints Luther Giizmell as a liaison between

the Gaming Commission, management ofthe Casino, and the Tribal Business Council,

to be paid as permitted pursuant to a budget for the position as may prepared by the

Tribal TreasUrer and
e

Resolution #00- J 7] -DSB

Page 3 of3

NOW, iLIEREFORE, BE iT FURThER RESOLVED, That the Tribal Business Council hereby

determines that should one of the present Commissioners, other than Luther Grinnell,

desire to assume the position of liaison outlined above, then Luther Grirmell will be

considered to be appointed to the vacant Cornnnc.cioner position; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, That the Tribal Business Council hereby

authorizes the Tribal Personnel office to do a study of appropriate compensation rates

for the Gaming Commissioners, taking into account length of service on the

Commission, and authorizes the Personnel Department to make a recommendation as

to appropriate levels ofcompensation for the Commissioners; and

NOW, THEREFORE, BE IT FURTJJJ!R RESOLVED, That the Tribal Business Council hereby

authorizes the Chairman and Secretary ofthe Three Affilbited Tribes to formally submit

this Resohition containing the foregoing amendment to the existing Tribal Gaming

Ordinance to the National Indian Gaming Commission (NIGC) for approval pursuant

to the Indian Gaming Regulatory Act (Title 25, Sections 2701 et seq. of the United

States Code) and regulations pertaining thereto, as amended, and further authorizes the

Chairman and the Secretary of the Three AffihiMed Tnl,es to take such further and

other actions as may be necessary to obtain approval by the NTGC of the Tribal

Gaming Ordinance ofthe Three Affiliated Tribes, as amended by this resolution.

CERTIFICATION

I, the undersigned, as Secretary ofthe Tribal Business Council ofthe Three Affiliated Tribes ofthe Fort

Berthold Reservation, hereby certi~ that the Tribal Business Council is composed of 7 members of

whom 5 constitute a quorum, 7 were present at a R~r Meeting thereofduly called, noticed,

convened, and held on the /1 t~day of /22a~/ , 2000; that the foregoing Resolution was

duly adopted at such Meeting by the affirmative vóte of 7 members, (1) members opposed,

0 members abstained, O not voting, and that said Resolution has not been rescinded or

amended in any way.

Dated this_//~day of - ,

2000.

~

DayloivSpotted

~

B~ar

Secretary, Tribal Business Council

Chairman, nba] Business Council