ORDINANCE # 01- Z0b3

GAMING

/

#0I~ 2v03-/ PURPOSE

The Tribal Council of the Timbisha Shoshone Tribe (Council),

empowered by the Constitution and bylaws of the Timbisha Shoshone Tribe

(Tribe), hereby enacts this Ordinance to govern class II and, subject to the

establishment of a compact with the State of California, class II gaming

operations on Tribal lands. The Council of the Timbisha Shoshone Tribe,

empowered by the Constitution and bylaws of the Timbisha Shoshone Tribe

also hereby establishes the Timbisha Shoshone Gaming Commission to

conduct all the provisions empowered to the Commission provided for in this

ordinance.

#O!-2Oo3~2GAMING AUTHORIZED

Class II and class III gaming, subject to the establishment of a compact

with the State of California, as defined in the Indian Gaming Regulatory Act,

P.L. 100-447, 25 U.S.C. §~ 2703(7)(A) and 2702(8) (IGRA) and by the

regulations promulgated by the National Indian Gaming Commission at 25 CFR

§ 502.3 (as published in the Federal Register at 57 FR. 12382-12393, April 9,

1992 or any subsequent amendments thereto) is hereby authorized.

#&i-2~)O3-3 OWNERSHIP OF GAMING

The Tribe shall have the sole propriety interest in and responsibility for

the conduct of any gaming operation authorized by this Ordinance.

#oI-2o&I USE OF GAMING REVENUE

a. The Council reserves the right to adopt or impose a uniform and

comprehensive system of revenue distribution and taxation relating to gaming,

provided such system is adopted in compliance with the IGRA.

b. Except as may be authorized by actions taken pursuant to such

reservation, net revenues from gamingshall be used only for the following

purposes: to fund Tribal government operations and programs; to provide for

the general welfare of the Tribe and its members; to promote Tribal economic

development; to donate to charitable organizations; or to help fund operations

of local government agencies.
c. If the Council elects to make per capita payments to Tribal

members, it shall authorize such payments only upon approval of a plan

submitted to the Secretary of the Interior or delegated authority under 25

U.S.C. § 2710(b)(3) and such rules as may be promulgated by the Council

and/or the Secretary under lawful authority.

#Ol-2oo~5AUDIT

a. The Council shall cause to be conducted annually an independent

audit of gaming operations and shall submit the resulting audit reports to the

National Indian Gaming Commission as may be required by law.

b. All gaming related contracts that result in the purchase of

supplies, services, or concessions in excess of $25,000.00 annually, except

contracts for professional legal and accounting services, shall be specifically

included within the scope of the audit.

#o)-2oo3-(, ENVIRONMENT AND PUBLIC HEALTH AND SAFETY

All Tribal gaming facilities shall be constructed, maintained and operated

in a manner that adequately protects the environment and the public health

and safety.

#o(-2a~3-7 LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT

OFFICIALS

The Gaming Commission will perform background investigations of and

issue licenses to Key Employees and Primary Management Officials according

to the requirements of 25 CFR §~ 556 and 558. The Gaming Commission shall

ensure that the policies and procedures set out in the following sections are

implemented with respect to Key Employees and Primary Management Officials

employed at any gaming enterprise operated on Timbisha Shoshone Tribal

lands.

#01- 2c~DEFINITIONS

For the purposes of this section the following definitions apply:

a. Key Employee means any person who performs one or more of the

following functions:

(1) Bingo Caller;

(2) Counting room supervisor;

(3) Chief of Security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;

(7) Dealer;
Timbisha Shoshone Gaming Ordinance #OI-2t03

(8) Croupier;

(9) Approver of credit; or

(10) Custodian of gambling devices, including persons with access

to cash and accounting records within such devices;

(11) If not otherwise included above, any other person whose total

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

(12) If not otherwise included above, the four most highly

compensated persons in the gaming operation.

b. Primary Management Official means any person who:

(1) Has management responsibility for a management contract;

(2) Has authority to hire and fire employees or to set up working

policy for the gaming operation; or

(3) Has financial management responsibility; for example, the

chief financial officer.

#Oj-2~3-gAPPLICATION NOTICE

a. The following notices shall be placed on the application form for a

Key Employee or a Primary Management Official before that form is filled out

by the applicant:

(1) 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.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

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 disclosure indicated in this notice will result in a Tribes

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.

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Timbisha Shoshone Gaming Ordinance #01- Z003

(2) 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 (U.S.Code, title

18, section 1001).

b. The Gaming Commission shall notifSr, in writing, existing Key

Employees and Primary Management Officials that they shall:

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

notice pursuant to subsection (a)(1) of this section; or

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

consent to the routing uses described in that notice.

and also that they shall:

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

regarding false statements pursuant to subsection (a)(2) of this

section; or

(2) Sign a statement that contains the notice regarding false

statements.

#OI2D~3-ID BACKGROUND INVESTIGATIONS

a. In addition to any applicable provisions in any compact with the

state of California, the Gaming Commission shall conduct a background

investigation for each Primary Management Official and for each Key Employee.

The Gaming Commission shall request from each Primaiy 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

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Timbisha Shoshone Gaming Ordinance # t21-20~~3

with the applicant during each period of residence listed under

paragraph (2) of this section;

(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 or previous business

relationships with the gaming industry generally, including

ownership interest 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 ongoing 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, if any;

(10) For each criminal charge (excluding minor traffic charges),

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 pursuant to paragraph (8) or (9) of this section, the criminal

charge, the name and address of the court involved and the date

and disposition, if any;

(11) 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;

(12) A current photograph;

(13) Any other information the Gaming Commission deems

relevant; and

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Timbisha Shoshone Gaming Ordinance #01- 2t~3

(14) Fingerprints consistent with procedures adopted by the

Gaming Commission according to 25 CFR § 522.2(h).

b. The Gaming Commission shall conduct an investigation sufficient

to make a determination under #(11.2~o3- II below. In conducting a background

investigation, the Gaming Commission or its agents shall promise to keep

confidential the identity of each person interviewed in the course of the

investigation.

c. If the National Indian Gaming Commission has received an

investigative report concerning an individual who another Tribe wishes to

employ as a Key Employee or Primary Management Official and if the Gaming

Commission has access to the investigative materials held by the first Tribe,

the Gaming Commission may update the investigation and update the

investigative report under section #O(-2oô~- l2~ below.

#OI-Zt&ll ELIGIBILITY DETERMINATION

The Gaming Commission shall review a persons prior activities, criminal

record, if any, reputation, habits and associations to determine the eligibility of

a Key Employee or Primary Management Official for employment in a gaming

operation. If the Gaming Commission, in applying the standards of this

ordinance, 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, methods and activities in the

conduct of gaming, a management contractor or Tribal gaming operation shall

not employ that person in a Key Employee or Primary Management Official

position. In conducting this investigation, or any other activity such as

fingerprinting, the Gaming Commission is authorized to employ the services of

any federal or state law enforcement agency and is directed to check, or have

the investigation check, the criminal history records of the Federal Bureau of

Investigation.

#~A3I2 PROCEDURES FOR FORWARDING APPLICATIONS TO THE

NATIONAL INDIAN GAMING COMMISSION

a. When a Key Employee or Primary Management Official begins work

at a gaming operation of the Tribe, the Gaming Commission shall forward to

the National Indian Gaming Commission a completed application for

employment which contains the notices and information contained in sections

~O~3-7 and #1~bZ~63-~i above, and shall conduct the background investigation

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Timbisha Shoshone Gaming Ordinance #C~-Z~)3

and make the eligibility determination for employment, or for continued

employment, in a gaming operation as referred to in section #OI-2A~)3-IO

b. Upon completing the background investigation and the

determination of eligibility for employment, or for continued employment, in a

gaming operation, the Gaming Commission shall forward the report referenced

in section #O)-2&~3- 1Z to the National Indian Gaming Commission within 60 days

after an employee begins work or within 60 days of the approval of this

Ordinance by the Chairman of the National Indian Gaming Commission.

c. The gaming operation shall not employ as a Key Employee or

Primary Management Official an individual who does not have a gaming license

within 90 days of the approval of this Ordinance by the Chairman of the

National Indian Gaming Commission.

d. During a thirty (30) day period beginning when the National Indian

Gaming Commission receives an investigative report from the Gaming

Commission, the Chairman of the National Indian Council concerning a Key

Employee or a Primary Management Official who is the subject of the

investigative report. Such a request shall suspend the 30-day period until the

Chairman of the National Indian Gaming Commission receives the information

requested.

#O)-2c~U~ REPORT TO THE NATIONAL INDIAN GAMING COMMISSION

a. Pursuant to the procedures set out in section #O1~2~3 II when the

Gaming facility employs a Primary Management Official or a Key Employee, the

Gaming Commission shall forward to the National Indian Gaming Commission

a completed application containing the information listed in 25 CFR §

556.4(a)(1)-(13).

b. Before issuing a license to a Primary Management Official or to a

Key Employee, the Gaming Commission shall forward to the National Indian

Gaming Commission an investigative report on each background investigation

conducted. 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.

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Timbisha Shoshone Gaming Ordinance #01-21)03

c. The Gaming Commission shall submit with the report a copy of the

eligibility determination made pursuant to section #OI-Zt~3- 10 above.

d. If the Gaming Commission does not license an applicant, the

Gaming Commission:

(1) Shall notify 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.

e. With respect to Key Employees and Primary Management Officials,

the Gaming Commission 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.

#lY~2t~3-i1 GRANTING A GAMING LICENSE

a. The Gaming Commission shall develop licensing procedures for all

employees of a gaming operation. The procedures and standards of 25 CFR §~

556 and 558, which are incorporated in this Ordinance, apply only to Primary

Management Officials and Key Employees.

b. A right to a hearing under section #OI-2t~~3-i~ below shall vest only

upon receipt of a license granted under an ordinance approved by the

Chairman of the National Indian Gaming Commission.

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

Commission receives a background investigation and a determination of

eligibility report from the Gaming Commission, the National Indian Gaming

Commission notifies the Gaming Commission 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 Gaming Commission has

provided an application and investigative report to the National Indian Gaming

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

d. If, within the thirty (30) day period described above, the National

Indian Gaming Commission provides the Gaming Commission with a statement

itemizing objections to the issuance of a license to a Key Employee or to a

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Timbisha Shoshone Gaming Ordinance #C?f.20O3

Primary Management Official for whom the Gaming Commission has provided

an application and investigative report to the National Indian Gaming

Commission, the Gaming Commission shall reconsider the application, taking

into account the objections itemized by the National Indian Gaming

Commission. The Tribal Council shall make the final decision whether to issue

a license to such applicant.

~OtZc~3~ 15 LICENSE SUSPENSION

a. If, after the issuance of a gaming license, the Gaming Commission

receives notice from the National Indian Gaming Commission that it has

received reliable information indicating that a Key Employee or a Primary

Management Official is not eligible for employment under 25 CFR § 558.2, the

Gaming Commission shall suspend such license and shall notify in writing the

licensee of the suspension and the proposed revocation.

b. The Gaming Commission shall notify the licensee of a time and a

place for a hearing on the proposed revocation of their license.

c. After a revocation hearing, the Council shall decide to revoke or to

reinstate a gaming license. The Gaming Commission shall notify the National

Indian Gaming Commission of the Councils decision.

~I2~I~ LICENSE LOCATIONS

A tribal license is required for each place, facility, or location on indian

lands where class II and/or class III gaming is conducted. Thus, the Tribal

Council shall issue a separate license to each place, facility, or location on

Indian lands where class 11 and/or class III gaming is conducted under this

Ordinance.

#&-2LZ3-I?COMPLIANCE WITH TRIBAL LAWS

a. All employees, managers and gaming patrons shall be required to

comply with the laws of the Timbisha Shoshone Tribe. Violations of Tribal laws

shall be grounds for termination of employment and expulsion from the gaming

premises.

b. All relations between gaming employees and the enterprise shall be

subject to the personnel, drug and other relevant policies of the Timbisha

Shoshone Tribe.

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Timbisha Shoshone Gaming Ordinance #01-2003

c. Nothing herein shall be interpreted as authorizing violations of the

IGRA, or the regulations promulgated thereunder.

~0~2io~- ~g DISPUTE RESOLUTIONS

a. Any dispute between a member of the gaming public and any

employee of the gaming enterprise arising on the gaming premises of the Tribe

that is not clearly a violation of Tribal law shall be resolved by the supervisor of

the employee involved in such manner that will prevent violence and eliminate

or reduce bad publicity for the enterprise, provided such resolution does not

risk unnecessarily the resources of the enterprise. If the supervisor is unable

to resolve the matter immediately to the satisfaction of the gaming patron in

compliance with this section, the matter shall be referred to the gaming

manager for resolution.

b. Any dispute between a member of the gaming public that is not

resolved pursuant to subsection (a) or any dispute involving the gaming

manager that is not clearly a violation of Tribal law arising on the gaming

premises of the Tribe shall be referred to the Tribal Council. The Council shall

provide an opportunity, at the convenience of the parties, for all parties to the

dispute to be heard and to confront any witness against them. The Council

shall resolve all disputes based on the record in a fair and equitable manner.

c. Any dispute involving violation of Tribal law shall result in

expulsion of a gaming patron from the gaming premises. Such person shall

have the right to request a hearing before the Tribal Council, which shall be

granted if the issue presented involves a question of the loss of money or

property by the gaming patron. A hearing for any other reason shall be granted

at the discretion of the Council.

d. All hearings granted under this section shall be conducted in

compliance with the Indian Civil Rights Act.

~2~O3~Iq NOTICE TO TRIBAL CHAIRPERSON

All notices required under law or regulations with respect to gaming

activities shall be sent to the following address:

Tribal Chairperson

Timbisha Shoshone Tribe

110 Edwards Street

Bishop, CA 93514

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Timbisha Shoshone Gaming Ordinance #1%2A13

#OI2~3-26 REPEAL

To the extent that they are inconsistent with this Ordinance, all prior

gaming ordinances are hereby repealed.

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Timbisha Shoshone Gaining Ordinance #01-2003

CERTIFICATION

ORDINANCE # Qi-~ôô3

We, the undersigned duly elected officials of the Timbisha Shoshone Tribe, do

hereby certify under penalty of perjury that at on 11/17/03, the foregoing

Ordinance was adopted at a duly called meeting of the Tribal Council of the

Timbisha Shoshone Tribe, with a quorum present, by a vote of:

_____

for, 6 against, and i9 abstaining.

Shirley Sumthers, Tribal Chairperson

ATTESTED BY:

Doreen Mason, Secretary

/~7~ O3

Date

It- I7~ O3

Date

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