Governor James Lee Edwards 

Absentee-Shawnee Tribe of Oklahoma 

2025 S. Gordon Cooper 

Shawnee, OK 74801 

Dear Mr. Edwards: 

This letter responds to your letter of January 10, 2000, requesting National Indian 

Gaming Commission (NIGC) review and approval of the amendment to the AbsenteeShawnee Tribe of Oklahoma's (Tribe) gaming ordinance, adopted by Resolution No. AS99-8 1. The amendment to the Tribe's gaming ordinance changes the number of Gaming 

Commissioners fkom one (1) to three (3), and adds a section stating that whenever the 

term "Commissioner" is used in the gaming code, it shall mean the Public Gaming 

Commission. This letter constitutes approval. It is important to note that the gaming 

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

which the Tribe exercises jurisdiction. 

Thank you for submitting the Absentee-Shawnee Tribe of Oklahoma's 

amendment for review. If you have questions or require further assistance, please contact 

our office at (202) 632-7003. 

Sincerely yours MA 

Montie R. Deer 

Chairman 

1441 L !3TEET, N.W. BTH FWOR WASHMON, D.C. 20005 N: 202-632-7003 FAX: ma-7088 
LEGISLATIVE 

RESOLUTION NO. AS-99-81 

ABSENTEE-SHAWNEE TRIBE OF OKLAHOMA 

SPECIAL EXECUTNE COMMITTEE MEETING 

DECEMBER 27,1999 

A RESOLUTION DULY ADOPTED BY THE EXECUTIVE COMMITTEE OF THE 

ABSENTEESHAWNEE TRIBE OF OKLAHOMA ADOPTING AN AMENDMENT TO 

THE ABSENTEE SHAWNEE TRIBE OF OIUAHOMA, GAMING CODE TO INCREASE 

THE NUMBER OF GAMING COMMISSIONERS FROM ONE (1) TO THREE (3), AND 

AMENDING TJTLE L - DEVELOPMENT, ADMINISTRATION, AND ENFORCEMENT, 

SECTIONS 101 THROUGH 11 1 AND ADDING SECTION 112. 

WHEREAS, the Absentee-Shawnee Tribe of Oklahoma is a federally recognized Indian tribe 

exercising all inherent sovereign rights fiom time immemorial; and 

WHEREAS, the Absentee-Shawnee Tribe of Oklahoma has a Constitution approved by the 

Department of the Interior, last amended in August 1988; and 

WHEREAS, the Executive Committee ofthe Absentee-Shawnee Tribe of Oklahoma is empowered 

by the Constitution to speak and otherwise conduct business in the name of, and on 

behalf of, the Absentee-Shawnee Tribe of Oklahoma; and 

WHEREAS, it is the responsibility of the Executive Committee to uphold its constitutional 

responsibiiity to the Tribe and its membership as the highest priorit-y; and 

WHEREAS, to better and more fairly allot gamipg,regulatory responsibilities for the oversight of 

Tribal Gaming under the Absentee Shawnee Tribe of Oklahoma, Gaming Code (the 

"AST Gaming Code"); and 

WEEREAS, it is believed in the best interest of the Tribe that the Commission composed of one 

(1) member be increased to a Commission of three (3) individuals; and 

WHEREAS, to accomplish the increase in the number of Commissioners it is necessary to amend 

the AST Gaming Code, TITLE I. - DEVELOPMENT. ADMINISTRATION AND 

ENFORCEMENT, Sections 10 1 through 1 1 1 and adding Section 1 12, as attached 

hereto as Exhibit "A". 
Resolution No. L-AS-99-8 1 

December 27, 1999 

Page 2 of 2 

NOW THEREFORE BE IT RESOLVED that the Executive Committee ofthe Absentee Shawnee 

Tribe of Oklahoma hereby adopts an amendment to the Absentee Shawnee Tribe of Oklahoma, 

Gaming Code to increase the number of Gaming Commissioners from one (1) to three-(3), and 

amending TITLE I. - DEVELOPMENT, ADMINISTRATION, AND ENFORCEMENT, Sections 

101 through 1 1 1 and adding Section 1 12. 

CERTIFICATION 

We, James 'Zee" Edwards, Governor and Russell B. Ellis, Secretary of the Absentee-Shawnee Tribe 

of Oklahoma, do hereby cem that this Resolution No. L-AS-99-8 1 to be a true and exact copy as 

approved by the Executive Committee of the Absentee-Shawnee Tribe of Oklahoma at a duly called 

meeting held December 27, 1999, there being a quorum present, by vote of: 3 in favor, 1 

opposed, and 0 abstentions, as follows: Lt. Governor Wilson: Yes, Secretary Ellis: Yes, 

Treasurer Pearce: No, Representative Little Axe: Yes, Governor's vote, if required, NIA. 

k&d 

" EDWARDS, Governor 
TITLE I. - DEVELOPMENT. ADMINISTRATION AND ENFORCEMENT 

Section 101. Office of Public Gaming Commission Established. In order to provide for the orderly 

development, administration, and regulation of gaming, as well as other authorized 

enterprises within thejuiisdiction ofthe Absentee Shawnee Indian Tribe of Oklahoma, 

there is established the office of Public Gaming Commission. The Governor shall 

nominate persons to serve as the Commissioners, subject to confirmation by the 

Executive Committee. Said Commissioners shall be seated for a period of three (3) 

years. Once appointed the three (3) member Commission shall select a Chairperson 

to conduct meetings. A quorum for the conduct of business shall be at least the three 

(3) member Commission. Each Commissioner is vested with one (1) vote for any 

decision. The Commissioners may be removed fiom office prior to the end of any 

term only for cause by Ordinance. The Commissioners may be suspended by the 

Executive Committee for ninety (90) days. During such suspension the Executive 

Committee may appoint a qualified person to act as a replacement for the suspended 

Commissioner. Further, should any vacancy occur in the positions of the Public 

Gaming Commission, the nomination process shall be initiated by the Governor and 

the unexpired portion of the Commissioner's term shall be filled in the same manner 

as the initial appointment of a Commissioner. 

Section 102. A. The Public Gaming Commission shall be charged with the sole responsibility of 

administering and enforcing the provisions of this Code. 

B. It shall be the responsibility of the Public Gaming Commission to 

promulgate regulations necessary to administer the provisions of this 

Code. These duties shall include but not limited to the following: 

(1) Printing and making available application forms for initial and 

renewal licenses, as well as any other necessary licenses. 

(2) Supervising the collection of all fees and taxes prescribed in this 

Code and other ordinances in regard to gaming and gaming 

related activities. 

(3) Processing all license applications. 

(4) Issuing licenses. 

(5) Determining applicable license fees 

(6) Auditing all returns 

(7) Review all gaming operation contracts, records, documents, and 

anything else necessary and pertinent to the financial 

accountabilities of licensees or enforcement of any provision of 
Section 103. 

Section 104. 

Section 105. 

Section 106. 

Section 107. 

Section 108. 

gaming operation contracts, agreements, this, and related 

Ordinances. 

(8) The Public Gaming Commission shall have the power and 

authority to deny any application, to limit, condition, suspend, or 

restrict any license, make a finding of suitability or approval of the 

license, or a finding of suitability or approval of or the imposition 

of a fine upon any person licensed for any cause deemed 

reasonable by the Public Gaming Commission, or to make 

assessment for money owed the Absentee Shawnee Tribe of 

Oklahoma by contract or taxation and to levy collection of the 

same with or without notice. 

(9) The performance of any other duties required in the Code or any 

amendments thereto or other duties which may hereafter be 

specified by the Public Gaming Commission. 

(10) Defend their actions in any court of competent jurisdiction or 

initiate any actions with consent of the Executive Committee. 

The Public Gaming Commission may exercise any proper power and authority 

necessary to perform the duties assigned by this Code, and is not limited by any 

enumeration of powers in this chapter. 

The Public Gaming Commission may rehse to reveal, at any court proceedings, the 

identity of any informant, if such revelation would subject the informant to bodily 

harm. 

Regular and special meetings of the Public Gaming Commission may be held, at the 

discretion of the Public Gaming Commission, at such time and places as may be 

convenient and open to tribal members, with notice posted in a public place at least 

twenty-four (24) hours prior to the meeting. 

The Public Gaming Commission may organize and form divisions as may be necessary 

and from time to time alter such plan of organization as may be expedient. The Public 

Gaming Commission shall recomr;lend the budget for operations to the Executive 

Committee, and take any other steps necessary to hlfill duties and responsibilities 

under the Code. 

In adopting, amending, or repealing any regulations under this Code, the Public 

Gaming Commission shall give prior notice of the proposed action to all licensees and 

other persons whom the Public Gaming Commission has reason to believe have a 

legitimate and bona fide interest in such proposed action. 

r 

The Public Gaming Commission shall afford an applicant for a license or permit an 
opportunity for a hearing prior to final action denying such applications and shall 

afford a licensee or any other person(s) subject to the Code the opportunity for a 

hearing prior to taking final action resulting in terminating, revoking, suspending, or 

limiting a license or any other adverse action the Public Gaming Commission deems 

appropriate; provided; that the Public Gaming Commission may summarily 

temporarily suspend or extend suspension of license for sixty (60) days in those cases 

where such action is deemed appropriate by the Public Gaming Commission. In cases 

where a license is suspended prior to a hearing, an opportunity for a hearing shall be 

provided. 

Section 109. Whenever upon specific factual finding the Public Gaming Commission determines 

that any person has failed to comply with the provisions of this Code or any regulation 

promulgated hereunder, the Public Gaming Commission shall made a certification of 

findings with a copy thereof to the subject or subjects of that determination. After 

five (5) days notice and within ninety (90) days thereof, the Public Gaming 

Commission shall hold a hearing at which time the subject shall have opportunity to 

be heard and present evidence. 

Section 110. At such hearing it shall be the obligation of the subject to show cause why the 

determination is incorrect, why the application in question shall not be denied, why 

the license, licenses, or permit in question shall not be revoked or suspended, why the 

period of suspension should not be extended, or to show cause why special conditions 

or limitations upon a license or permit should not be imposed, or to show cause why 

any other action regarding any other person or persons subject to any action should 

not be taken. 

Section 1 1 1. Following such hearing the Public Gaming Commission shall within seven (7) days, 

reach a determination concerning the accuracy of the preliminary certification of facts 

and whether the license in question should be granted, continued or suspended, 

revoked, conditioned or liited, and whether or not any other action recommended 

to or by the Commission (including but not limited to forfeitures or fines) should be 

taken. 

Section 112. Wherever else in the Absentee Shawnee Gaming Code the term "Commissioner" is 

used it shall mean the Public Gaming Commission. .