JAN - 8 2007 

Wallace Coffey 

Chairman 

Comanche Nation 

P.O. Box 908 

Lawton, OK 73502 

Dear Chairman Coffey: 

This letter is in response to your request for the National Indian Gaming Commission 

(NIGC) to review and approve an Amendment to the Comanche Nation Gaming 

Ordinance, Resolution No. 107-06, enacted by the Comanche Business Council on 

November 4,2006. This letter constitutes approval of the amended ordinance under the 

IGRA. 

According to the Indian Gaming Regulatory Act (IGRA) and NIGC Regulations, the 

NIGC Chairman is required to review ordinances and amendments to ensure that they 

adhere to the requirements of IGRA and NIGC regulations. 

The submitted amendment requiring the Gaming Board of Directors to report to the 

Comanche Business Committee and creating two additional seats on the Gaming Board 

of Directors, to be filled exclusively by Comanche Business Committee members does 

not violate the provisions of IGRA or the NIGC regulations. However, the NIGC is 

concerned by the nature of the amendment, as it may erode the independence of the 

Tribal Gaming Board of Directors and greatly increase the potential for conflicts of 

interest. As recognized by the Comanche Nation in its gaming ordinance, an independent 

Tribal Gaming Board of Directors is important in maintaining a well-managed gaming 

operation. Comanche Nation Gaming Ordinance, 8 107(h). This amendment contradicts 

that principle. The Gaming Board of Directors is responsible for the day to day 

operations of the gaming facilities, including operational budgets, auditing, and 

contracting. Appointing Business Committee members to the Board of Directors and 

mandating that the Board report monthly to the Business Committee effectively dissolves 

the Board's independence and allocates authority over the general operations of the 

gaming facilities to the Business Committee. As such, it is strongly recommended that 

the Comanche Nation address these concerns by instituting procedures to ensure that the 

Gaming Board of Directors will independently cany out its responsibility to monitor and 

oversee management of the gaming operation. 

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

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul. MN; Tulsa, OK 
amendment to the Comanche Nation Gaming Ordinance for 

staff and I look forward to working with you and the 

Chairman 
CHE NATION 

NO. 107-06 

:EREAS, the Comanche Nation is a federally recognized Indian Tribe with a constitution 

approved by the Secretary of the Interior on January 9, 1967, to safeguard tribal 

rights, powers, and privileges to improve the economic, moral, educational, and 

health status of its members; and 

WHEREAS, the tradition of sovereignty of the Comanche Nation, since time immemorial long 

predates the existence of the Nation, establishes the inherent sovereign powers 

and rights of the Comanche self-government; and 

WHEREAS, the Constitution, Article VI, section 70), authorizes the Business Committee to 

promulgate and enforce laws to promote the general welfare of the Nation; and 

WHEREAS, the Business Committee pursuant to such authority and in consultation with the 

National Indian Gaming Commission ("NIGC") enacted a Gaming Ordinance on 

December 3,2005, which the NIGC approved on December 19,2005; and 

WHEREAS, the Business Committee pursuant to such authority deems it advisable to amend 

said Gaming Ordinance as shown below; 

NOW THERIBORE BE IT RESOLVED THAT the Comanche Business Committee hereby 

ordains and enacts the following Amendments to Section 107 of the Gaming Ordinance; 

provided that such Amendments shall not become effective until approved by the NIGC. 

BE IT FOTHER RESOLVED THAT the Business Committee directs the Chairman to obtain 

approval of said Amendments by the NIGC and to make preparations for their implementation. 

BE IT FURTHER RESOLVED THAT immediately upon receipt by the Chairman of written 

notification from the NIGC approving the said Amendments, or if the NIGC fails to disapprove 

the said Amendments within 90 days after the date of submission, such Amendments shall be 

deemed in full force and effect. 

AMENDMENTS 

Section 107 of the Gaming Ordiuance shall be amended, as shown below, by deleting the &dehwgh language and adding the underlined language: 

Section 107. Board of Directors 

(a) In addition to the General Manager for the facility, there shall be established a Tribal 

Gaming Board of Directors which shall serve in a management oversight role over the 

General Manager and the day-to-day operations of the gaming operation. In the event 

that the Nation enters into a management contract approved by the NIGC, the Board may 

delegate some or all duties to the approved management contractor. The Board of 

Directors shall oversee all non-regulatory aspects of the gaming operation. Regulation of 

the gaming operation shall be the sole responsibility of the Tribal Gaming Commission. 

COMANCHE NATION P.O. BOX 908 1 LAWTON. OK 73502 

PHONE: 580-492-4988 TOLL FRE~: 1-877-492-4988 FAX: 580-492-3796 
COMANCHE NATION 

RESOLUTION NO. 107-06 

(b) The Board of Directors shall consist of &we+jfive (5) voting members,? The voting 

members shall consist of: a Chairperson, Vice-Chairperson, and a three (3) Director?. 

Two voting members of the Board of Directors shall be members of the CBC ("CBC 

Directors"). 

(c) Each voting Director shall be desi~nated as Director 1, Director 2, Director 3, Director 4, 

or Director 5. Terms of office for the voting members of the Tribal Gaming Board of 

Directors shall be as follows: 

(1) Director 1 shall serve an initial term of three years, with 

subsequent €bkpmm-Directors serving three-year terms. 

(2) Directors 2 and 3 shall serve an initial term of two 

years, with subsequent Directors serving three-year 

terms. 

(3) directors 4 and 5 shall serve an initial term of one year, with 

subsequent Directors serving three-year terms. 

(4) Provided, that in the event a Director is unable to complete his or her term 

for any reason, another Director shall be appointed to complete the 

remainder of that term. 

(d) The members of the Board shall be subject to the same background requirements as key 

employees, primary management officials, and gaming commissioners, and must be 

licensed accordingly. 

(e) Except for the appointment of CBC Directors, Tthe minimum requirements for 

appointment as a member of the Board of Directors are -at least two of the 

following: 

(1) Degree in Business Administration, Accounting, Marketing, or an 

equivalent field; 

(2) Minimum five (5) years experience in business management; 

(3) Minimum two (2) years experience in casino management; or 

(4) Demonstrated knowledge of federal Indian law, the Indian Gaming 

Regulatory Act, and related statutes and regulations. 

(f) The Board of Directors shall perform the following duties: 

(.I) Monitor and oversee the day-to-day operations of the gaming facility, 

whether managed by a tribal employee or by an approved management 

contractor; 

(2) Inspect and examine on a periodic basis all books, records, and papers of 

the gaming facility; 

(3) Set hours of operation for the gaming facility; 

(4) Set wager limits; 
COMANCHE NATION 

RESOLUTION NO. 107-06 

(5) Oversee development and/or approval of marketing plans; 

(6) Oversee the interview, selection, and training of employees of the gaming 

operation; 

(7) Establish employee policies, rates of pay, and hours of work; 

(8) Adopt an annual operating budget, subject to CBC approval; 

(9) Report monthly to the CBC; 

WEnter into contracts on behalf of the gaming facility, subject to CBC 

approval and NIGC review if applicable; and 

WAny other duties necessary to monitor and oversee management of the 

gaming operation. 

(g) Board of Director positions shall be filled in the following manner: 

(1) The Chairman of the Comanche Nation shall identify and nominate a 

qualified candidate for any vacancy on the Board of Directors. Nominees 

shall be confirmed by a majority of the CBC before becoming members of 

the Board of Directors. 

(2) The Directors shall elect a Chairperson from among them, whose duty it 

shall be to preside over all meetings and hearings. In addition, the 

Directors shall elect a Vice-Chairperson who shall preside in the 

Chairperson's absence. 

(h) The Nation recognizes the importance of an independent Tribal Gaming Board of 

Directors in maintaining a well-managed gaming operation. To avoid potential conflicts 

of interest between the operation and regulation of the gaming facility, the Nation 

hereby finds that, at a minimum: 

(1) No more than two members of the CBC . . 

may serve on the Board of Directors; and no member of the Tribal 

Gaming Commission may serve on the Board of Directors; 

(2) No person directly related to or living with any CBC member or Tribal 

Gaming Commissioner may serve on the Board of Directors; 

(3) Members of the Board of Directors are prohibited from gambling in the 

gaming facilities; 

(4) Members of the Board of Directors are prohibited from accepting 

complimentary items except as specified in 

Section 1 10 herein; and 

(5) No person having a direct or indirect financial interest in a management 

contract, or in any gaming operation, may serve on the Board of Directors. 

(i) Members of the Board of Directors may be removed from office by the CBC prior to the 

expiration of their respective terms only for neglect of duty, misconduct, malfeasance, 

or other acts that would render the Director unqualified for hisher position. When the 
COMANCHE NATION 

RESOLUTION NO. 107-06 

CBC believes that a removal is appropriate, it shall so notify the Director(s) and hold a 

hearing on the matter. The CBC may opt to preliminarily remove the Director pending 

the hearing. At the hearing the Director may provide evidence rebutting the grounds for 

hisher removal. A vote of the CBC on the validity of the preliminary removal shall be 

final and not subject to further appeal. A finding by the CBC that the preliminary 

removal was wrongful shall entitle the affected Director to compensation for expenses 

incurred in appealing the wrongful removal, and shall entitle the Director to any pay 

withheld. 

(j) Members of the Tribal Gaming Board of Directors shall be compensated at a level 

determined by the CBC. 

(k) Nothing herein shall prevent the CBC from organizing the Tribal Gaming Board of 

Directors into a corporation, agency, or other business entity. 

The foregoing resolution was duly adopted at a regular meeting of the Comanche Business 

Committee held on November 4,2006, at the Comanche Tribal Complex, Lawton, by a majority 

vote of _h for, against, and 0 abstentions, a quorum being present. 

Wallace Coffey, Chairman 

ATTESTED: 

Edward J. Tahhahwah, Jr., ~ecre'tary-~reasurer