RESOLUTION NO. 94-A-129

THE

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PORT GAMBLE

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SKLALLAM

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BUSINESS COMMITTEE

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OF THE

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PORT GAMBLE

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SKLALLAM

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COMMUNITY COUNCIL

I.

WHEREAS, the Port Gamble SKlallam Indian Community is organized

under the Indian Reorganization Act of June 18, 1934; and

II.

WHEREAS, under its Constitution and Bylaws adopted August 5, 1939,

the Community Council was designated as the governing body of the Port Gamble SKlallam

Indian Community; and

III.

WHEREAS, by resolution dated April 22, 1956, the Port Gamble

SKlallam Community Council delegated the authority to conduct the business of the Port Gamble

SKiallam Indian Community to the Port Gamble SKlalIam Business Committee; and

Iv.

WHEREAS, the Port Gamble SKlallam Business Committee has

approved the execution of a Compact with the State of Washington for conducting Class 1111

gaming and wishes to regulate Class II and Class HI gaming in conformity with the requirements

of the Indian Gaming Regulatory Act (IGRA); and

V.

WHEREAS, IGRA requires approval by the National Indian Gaming

Commission of a tribal ordinance or resolution meeting certain federal statutory and federal

regulatory requirements for the conduct of Class H and Class HI gaming as those terms are defined

under the Indian Gaming Regulatory Act, at 25 U.S.C. § 2703 (7) (A) and 25 U.S.C. § 2703(8)

respectively; and

V.

WHEREAS, the Port Gamble SKlallam Business Committee held a

public hearing on a draft Gaming Authorization Ordinance on September 15, 1994 pursuant to

notices and in conformity with the requirements of the Business Committee Policy Manual section

4.1 (Public Hearings);

PORT GAMBLE SKLALLAM TRIBE I RESOLUTION NO. 94-A- 129; PAGE 1 OF 2
VI.

NOW THEREFORE BE IT RESOLVED, that the Port Gamble SKlallam

Business Committee adopts the attached Gaming Authorization Ordinance effective on the date this

resolution is signed.

CERTIFICATION

WE HEREBY CERTIFY that on this date there was a regular meeting

held of the Port Gamble SKIaIIam Business Committee on the Port Gamble SKiallam Indian

Reservation, at which time a quorum was present;

WE FURTHER CERTIFY, that the above numbered resolution, was at

said meeting, introduced, evaluated, and was passed by a vote of~LFOR, tO AGAINST, dated

this 15th day of September, 1994.

Chairperson Secretary

PORT GAMBLE SKLALLAM TRIBE / RESOLUTION NO. 94-A-129; PAGE 2 OF 2
PORT GAMBLE SKLALLAM TRIBE

GAMING AUTHORIZATION ORDINANCE

Adopted 9/15/94

Resolution 94-A-129
PORT GAMBLE SKLALLAM TRIBE

GAMING AUTHORIZATION ORDINANCE

Chapter 1 General Provisions

1.01 Purpose The Port Gamble SKlallam Business Committee wishes to

regulate Class II and Class Ill gaming, in conformity with the requirements of the

Indian Gaming Regulatory Act.

1.02 Gaming Authorized Class II gaming as defined in the Indian Gaming

Regulatory Act, P.L. 100-447, 25 U.s § 2703 (7) (A) and by the regulations

promulgated by the National Indian Gaming Commission and Class III gaming

as defined in 25 U.S § 2709(8) is hereby authorized subject to legislation,

regulations, policies and intergovernmental agreements of the Port Gamble

SKlallam Tribe.

1.03 Ownership of Gaming The Tribe shall have the sole proprietary interest

in and responsibility for the conduct of any gaming operation authorized by this

ordinance.

1.04 Use of Gaming Revenue Net revenues from class II and class III gaming

shall be used only for the following purposes:

a) to fund tribal government operations and programs;

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

c) to promote tribal economic development;

d) to donate to charitable organizations;

e) to help fund operations of local government agencies; and

f) to provide per capita payments to tribal members, but only upon

approval of a plan by the Secretary of Interior in accordance with 25 U.S

§ 2710(b)(3).

1.05 Audit The Tribe shall cause to be conducted annually an independent

audit of Class II and Class III gaming operations and shall submit the resulting

audit reports to the National Indian Gaming Commission. All contracts for

supplies, services, or concessions for a contract amount in excess of $25,000

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

to Class II or Class III gaming shall be subject to such audits.

1.06 Public Safety Standards Class II and Class III gaming facilities shall be

constructed, maintained and operated in a manner that adequately protects the

environment and the public health and safety.

Chapter 2 Licensing -

Key Employees and Primary Management Officials

2.01 Federal Review of Key Employee and Primary Management Official

Licensing This chapter sets out the requirements for federal review of

tribal licensing of key employees and primary management officials employed at

all class II and class III gaming enterprises located on Port Gamble SKlallam

lands.

2.02 Definitions For the purpose of this chapter, the following definitions

apply:

a) Key employee means:

(i) A person who performs one or more of the following functions:

bingo caller; counting room supervisor; chief of security;

custodian of gaming supplies or cash; floor manager; pit boss;

dealer; croupier; approver of credit; or custodian of gambling

devices including persons with access to cash and accounting

records within such devices;

(ii) If not otherwise included, any other person whose total cash

compensation is in excess of $50,000 per year; or

(iii) If not otherwise included, the four most highly compensated

persons in the gaming operation.

b) Primary management official means:

(i) The person having management responsibility for a management

contract;

(ii) Any person who has authority to hire and fire employees or to set

up working policy for the gaming operation; or

(iii) The chief financial officer or other person who has financial

management responsibility.

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2.03 Application Requirements

a) Privacy Act Notice The following notices shall be printed on all

application forms for key employee and primary management official

positions:

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 § 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 the hiring or firing of an employee, the issuance or

revocation of a gaming license, or investigations of activities while

associated with a Tribe or a gaming operation. Failure to consent to the

disclosures indicated in this notice will result in a Tribe 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.

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.

b) Applicant Information Required Each applicant for a primary

management official or key employee position shall submit to the

Tribe all of the following information:

(i) Full name, other names used, social security number(s), birth date,

place of birth, citizenship, gender, all languages spoken or written;

(ii) 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;

(iii) 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

subsection (ii) above;

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(iv) Current business and residence telephone numbers;

(v) A description of any existing and previous business relationships

with Indian Tribes, including ownership interests in those

businesses;

(vi) A description of any existing and previous business relationships

with the gaming industry generally, including ownership interests

in those businesses;

(vii) 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;

(viii) For each felony for which there has been a conviction or for which

there is an ongoing prosecution: the charge, the name and address

of the court involved, and the date and disposition, if any;

(ix) For each misdemeanor conviction or ongoing misdemeanor

prosecution, within 10 years of the date of the application, the

name and address of the court involved and the date and

disposition, if any;

(x) For each criminal charge, 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 under subsection (viii) or

(ix) above, the criminal charge, the name and address of the court

involved and the date and disposition, if any;

(xi) 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;

(xii) A current photograph;

(xiii) Any other information the Tribe deems relevant; and

(xiv) Fingerprints consistent with procedures adopted by the Tribes law

according to 25 C.F.R. § 522.2(h).

2.04 Background Investigation/Eligibility Determination

a) The Tribe shall conduct an investigation sufficient to make an

eligibility determination under this section. In conducting a

background investigation, the Tribe or its agent shall promise to keep

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confidential the identity of each person interviewed in the course of

the investigation.

b) The Tribe shall review a persons prior activities, criminal record, if

any, and reputation, habits and associations to make a finding

concerning the eligibility of an applicant for a key employee or primary

management official position for employment in the gaming

operation. If the Tribe determines that employment of the person poses

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

or creates or enhances dangers of unsuitable, unfair, or illegal practices

and methods and activities in the conduct of gaming, a tribal gaming

operation shall not employ that person in a key employee or primary

management official position.

2.05 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 Tribe shall

forward to the National Indian Gaming Commission a completed

application for employment and conduct the background investigation

and make the eligibility determination in section 2.04.

b) The Tribe shall forward the report referred to in section 2.06 to the

National Indian Gaming Commission within 60 days after an

employee begins work.

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.

2.0~ Report to the National Indian Gaming Commission

a) Pursuant to the procedures set out in section 2.05 the Tribe 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:

(i) Steps taken in conducting a background investigation;

(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions.

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b) The Tribe shall submit, with the report, a copy of the eligibility

determination made under section 2.04(b).

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

(i) Shall notify the National Indian Gaming Commission; and

(ii) 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

Tribe 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.

2.07 Granting a Gaming License

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

Commission receives a report, the National Indian Gaming

Commission notifies the tribe that it has no objection to the issuance of

a license pursuant to a license application filed by a key employee or a

primary management official for whom the tribe has provided an

application and investigative report to the National Indian Gaming

Commission, the Tribe may issue a license to such applicant.

b) The Tribe 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 the

previous subsection 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 Tribe with a statement

itemizing objections to the issuance of a license to a key employee or to

a primary management official for whom the Tribe has provided an

application and investigative report to the National Indian Gaming

Commission, the Tribe shall reconsider the application, taking into

account the objections itemized by the National Indian Gaming

Commission.

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2.08 License Suspension

a) If, after the issuance of a gaming license, the Tribe 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 2.04, the Tribe shall suspend such license

and shall notify in writing the licensee of the suspension and proposed

revocation.

b) The Tribe 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 Tribe shall decide to revoke or to

reinstate a gaming license. The Tribe shall notify the National Indian

Gaming Commission of its decision.

2.09 License Locations The Tribe shall issue a separate license to each place,

facility or location on Indian lands where class II and class III gaming is

conducted under this ordinance.

2.10 Severability If any provision of this ordinance or its application to any

person or legal entity or circumstances, is held invalid, the remainder of the

ordinance , or the application of the provision to other persons or legal entities

or circumstances, shall not be affected.

I, Marie Hebert, Secretary of the Port Gamble SKlallam Business Committee, hereby certify

that this is a true and correct copy of the Port Gamble SKlallam Gaming Authorization

Ordinance.

Date

fly~zJL Marie ebert

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