DEC 2 9 I997 

Honorable Phil Shopodock 

Chairman, Forest County Potawatomi Community 

P.O. Box 340 

Crandon, Wisconsin 54520 

Dear Chairman Shopodock: 

This letter responds to your request to review and approve the amendment to the 

tribal gaming ordinance of the Forest County Potawatomi Community (Community). 

The amendment to the ordinance was adopted by the Community by Resolution GC008-97 

on October 25, 1997, and approved by the Chairman of the National Indian Gaming 

Commission (NIGC) on November 8, 1993. This letter constitutes approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the NIGC, the Chairman is directed to review 

amendments to ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's review and approval is limited 

to the requirements of the IGRA and the NIGC regulations. 

Thank you for submitting the amendments to the tribal gaming ordinance of the 

Forest County Potawatomi Community. The NIGC staff and I continue to look forward to 

working with you and the Community in implementing the IGRA. 

Sincerely yours, 75i!&@~%3

'add M. Jo 

Chairman I I 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
POTAW ATOM1 

(Keeper of the Fire) 

Pb: 715-478-2903 ?ax: 715-4 78-5280 

Resolution No. -8- 9 7 

WHEREAS, the Forest County Potawatomi Community is a duly constituted Tribal Government 

in accordance with all the provisions of the Forest County Potawatomi Constitution and By-Laws 

adopted on June 5, 1982 pursuant to the Indian Reorganization Act of June 18, 1934 (P.L. 73- 

383), AND 

WHEREAS, the Forest County Potawatomi Community (Tribe) has adopted the Gaming Control 

Ordinance, amending the Bingo Control Ordinance, and the Class II and Class 111 Gaming Control 

Ordinance, AND 

WHEREAS, the Tribe in various meetings duly called and held, and more specifically on April 29, 

1995, and May 13, 1995, discussed the Tribe's gaming issues; specifically issues of budgeting, 

accountability, and authority directly flowing from the current Gaming Control Ordinance, and 

thereby passed motions at said meetings directing that the Tribe's Gaming Commission be placed 

under the Tribe's Executive Council and that the Gaming Control Ordinance be amended to 

reflect the same, AND 

WHEREAS, the Tribe, pursuant to said motions, approved an amendment to it's Gaming Control 

Ordinance on July 2, 1997, which amendment was submitted to the National Indian Gaming 

Commission ( Commission) for approval, AND 

WHEREAS, the Commission disapproved the amendment and suggested certain provisions be 

changed, AND 

WHEREAS, such changes were made pursuant to the Commission's recommendations and which 

are reflected in the attached Amended Gaming Control Ordinance, AND 

RESOLVED, that the Forest County Potawatomi Community, is in a session duly called and held 

on October 25, 1997, hereby approves the modifications to the Amended Gaming Control 

Ordinance as attached and direct the Executive Council to submit the same to the National Indian 

Gaming Commission for approval 

CERTIFICATION 

1, t'na , the undersigned Secretary of the Forest County Potawatomi 

cokunity do hereby certify that q'l members constituted a quorum at a meeting duly called, 

convened, and held on the 25h day of &.e~ , 1997 and that said resolution was duly 

adopted by an affirmative vote of 3n members for, -3 members against, and 2 

members abstaining and that said resolution was not rescinded or amended in anyway. 
POTAWATOMI 

(Keeper of the Fire) Pk/ 715-4 78-2903 ?a%: 715-4 78-5280 

Tribal Secretary 

Forest County Potawatomi 
FOREST COUNTY POTAWATOMI COMMUNITY 

AMENDED GAMING CONTROL ORDINANCE 

BE IT ENACTED, by the General Council of the Forest County Potawatomi 

Community, acting pursuant to the authority vested in it by Article VI, Section 1, of its 

Constitution, that all gaming operations conducted by the Forest County Potawatomi Community 

be governed by the following provisions. 

CHAPTER I. GENERAL PROVISIONS AND PURPOSE 

Section 101. This Ordinance shall be known as the Amended Gaming Control Ordinance 

of the Forest County Potawatomi Community ("Tribe") amends the Gaming Control Ordinance, 

the Bingo Control Ordinance, and the Class I1 and Class I1 Ordinances, adopted by the General 

Council of the Forest County Potawatomi Community and rescinds any portions of those 

ordinances which are inconsistent with this ordinance. 

Section 102. The intent of this ordinance is: 

(1) to provide a statutory basis of promoting tribal economic 

development, self-sufficiency, and a strong tribal government; and, 

(2) to provide appropriate regulations and rules, which shall be strictly 

and uniformly enforced throughout the jurisdiction of the Forest County 

Potawatomi Community to ensure the close control by its Gaming Commission, 

under the direction of the Tribe's Executive Council of the regulation of its 

gaming operations. 

Section 103. The Tribe shall have the sole proprietary ownership of, interest in, and 

responsibility for all Class I1 and Class I11 gaming activities conducted on the Tribe's lands 

pursuant to 25 C.F.R. Part 522.4(b)(l). \ 

Section 104. he regulations and rules set forth in the Tribe's gaming Ordinances shall t govern all gaming operqtions conducted on the Tribe's lands. 

I 

Section 105. Th. Ordinance may be amended by a majority vote of the Forest County 

Potawatomi Community b eneral Council at any time. 

'., 
CHAPTER 2. DEFINITIONS 

For purposes of this ordinance: 

Section 201. "Class I1 gaming" means Class I1 gaming as defined in accordance with the 

IGRA, 25 U.S.C. sec. 2703(7)(A). 

Section 202. "Class I11 gaming" means Class I11 gaming as defined in accordance with 

the IGRA, 25 U.S.C. sec. 2703(8). 

Section 203. "Compact" means any compact between any state and the Tribe entered into 

pursuant to the IGRA, including any amendments thereto. 

Section 204. "Executive Council" means the executive governing body of the Tribe, duly 

elected and authorized in accordance with the Constitution of the Tribe. 

Section 205. "Gaming Commission" means the Forest County Potawatomi Community 

Gaming Commission established pursuant to the Gaming Control Ordinance, adopted on 

February 1, 1993, and amended pursuant to this Amended Gaming Control Ordinance adopted 

on July 12, 1994. 

Section 206. "General Council" shall mean the General Council of the Forest County 

Potawatomi Community, as that body is defined in the Constitution of the Community. 

Section 207. "Gaming Enterprise" means all of the Tribe's Class I1 and Class I11 gaming 

operations conducted pursuant to this Ordinance. "Gaming Enterprise" means each economic 

entity that is licensed by the Tribe, operates the games, receives the revenues, issues the prizes, 

and pays the expenses. 

Section 208. "Gaming Facilities" means the buildings and associated real property within 

which the Tribe conducts Class I1 and Class I11 gaming and other associated commercial activity 

related to such gaming. 

Section 209. "General Manager" means the individual who has responsibility for 

day-to-day operations of a Gaming Enterprise. 

Section 2 10. "Household Member" means a person currently residing in a household on 

a consistent basis and treated as a member of the family residing in the household; 

Section 21 1. "IGRA" means the Indian Gaming Regulatory Act, Pub.L. 100-497,25 

U.S.C. $9. 2701, et seq. 
Section 2 12. "Immediate Family Member" means a spouse, parent, child, or Household 

Member. 

Section 2 13. "Immediate Relative" means a spouse, sibling, parent, grandparent, child, or 

grandchild, whether by blood, adoption, or legal relation. 

Section 214. "Key Employees" mean the following persons; 

(a) All persons performing one or more of the following functions in any of the Gaming 

Enterprises: 

(i) bingo caller; 

(ii) counting room supervisor; 

(iii) chief of security; 

(iv) custodian of gaming supplies or cash; 

(v) floor manager; 

(vi) pit boss; 

(vii) dealer; 

(viii) croupier 

(ix) approver of credit; or 

(x) custodian of gaming devices including persons with access to cash and 

accounting records within such devices. 

(xi) surveillance personnel; 

(xii) accounting stafc 

(xiii) any person with authority to disburse funds for, or approve shipments of, 

materials or supplies; and, 

(b) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; or 

(c) If not otherwise included, the four most highly compensated persons in each Gaming 

Enterprise. 
Section 21 5. "Management Contract" means any contract, subcontract, or collateral 

agreement between an Indian Tribe and a contractor or between a contractor and a subcontractor, 

if such contract or agreement provides for the management of all or part of the gaming operation. 

Section 216 "Net Revenues" means gross gaming revenues of an Indian Gaming 

operation less -- (a) amounts paid out as, or paid for, prizes and (b) total gaming-related 

operating expenses, excluding management fees. 

Section 2 17. "NIGC" means the National Indian Gaming Commission" established 

pursuant to the IGRA, 25 U.S.C. gsec. 2704. 

Section 2 18. "Ordinance" means this Gaming Control Ordinance. 

Section 21 9. "Person" means any individual or entity, including any corporation or 

general or limited partnership. 

Section 220. "Premises" means any place, facility, or location on the Tribe's Lands at 

which Class I1 or Class I11 gaming is conducted. 

Section 22 1. "Primary Management Official" means 

(a) The person having management responsibility for a Management Contract; 

(b) Any person who has authority: 

(i) To hire and fire employees; or 

(ii) To set up working policy for the Gaming operation; or 

(c) The chief fmancial officer or other person who has financial management 

responsibility. 

Section 222. "Tribe" means the Forest County Potawatomi Community, any of its 

subdivisions, enterprises, agencies, or instrumentalities, corporations chartered under federal, 

state, or tribal law, which are wholly owned by any of the foregoing, and authorized officials, 

agents, and representatives of any of the foregoing. 

Section 223. "Tribe's Lands means: 

(a) All lands within the limits of the Forest County Potawatomi 

Community reservation; 

(b) All lands held in trust by the United States for the benefit of the 
Tribe as of October 17, 1988; and, 

(c) All lands which may be acquired in trust by the United States 

for the benefit of the Tribe after October 17, 1988, over which 

the Tribe exercises governmental power, and which meet the 

requirements of section 20 of the IGRA, 25 U.S.C. $2719. 

CHAPTER 3. AUTHORIZATION OF GAMING ACTIVITIES 

Section 301. Authority for Class I1 Gaming. The Tribe shall be authorized to conduct all 

forms of Class I1 gaming on the Tribe's Lands. 

Section 302. Authority for Class 111 Gaming. The Tribe shall be authorized to conduct 

the following types of Class I11 gaming on the Tribe's Lands: 

(a) Electronic games of chance with video facsimile displays; 

(b) Electronic games of chance with mechanical displays; 

(c) Blackjack; 

(d) Pull-tabs or break-open tickets when not played at the same 

location where bingo is being played; and 

(e) Any other type of Class 111 gaming conducted pursuant to the terms 

of the Tribe's Compact. 

The Compact is hereby incorporated within and enacted as an integral part of this 

Ordinance with respect to all forms of Class I11 gaming as if set forth in full herein; provided, 

however, that nothing in the adoption of the Compact herein shall be deemed to affect the 

operation by the Tribe of any Class 11 gaming, whether conducted within or without the gaming 

facilities, or to confer upon any state any jurisdiction over such Class I1 gaming conducted by the 

Tribe on the Tribe's Lands. 
Section 303. Authority for Management and Other Contracts. The Tribe may enter into 

any contracts or other agreements to fiuther its gaming interests, including one or more 

Management Contracts. Each Management Contract shall designate the person or persons 

having responsibility for management of all or part of any Gaming Enterprise. Management 

Contracts and other gaming-related contracts shall contain such provisions as are required under 

the IGRA, the implementing NIGC regulations, the Compact, and shall be submitted to the 

NIGC or other appropriate federal regulatory body for approval as required by the IGRA, and 

shall be submitted to the Lottery Board or other appropriate state regulatory body for approval as 

required by the Compact. All such contracts shall not be effective until approved by the NIGC, 

other appropriate federal regulatory body, andlor the Lottery Board or other appropriate state 

regulatory body. 

CHAPTER 4. CONFORMANCE WITH IGRA AND COMPACT 

This Ordinance shall be construed in a manner that conforms to the IGRA and the 

Compact in all respects, and if inconsistent with the IGRA or the Compact in any manner, the 

provisions of the IGRA or the Compact, respectively, shall govern. 

CHAPTER 5. STANDARDS OF OPERATION AND MANAGEMENT 

Sec. 501. Class I1 Games. The Tribe shall abide by its standards of operation and 

management for bingo and other Class I1 games duly adopted to protect the integrity of such 

games. The standards of operation and management for Class I1 games shall hereby provide, at a 

minimum, that: 

(a) No person under the age of 18 shall be permitted to participate in 

any Class I1 gaming operations as an employee, contractor, or 

player. 

(b) The rules by which the game will be conducted and the winner 

or winners determined shall be established in advance of the game 

and shall be visibly displayed or available in pamphlet form in the 

Gaming Enterprise. 

Sec. 502. Class ILI Games. The standards of operation and management for Class I11 

games shall be those set forth in the Compact. The Tribe may amend its standards of operation 

and management for Class I11 games that are no less stringent than, nor otherwise inconsistent 

with, the Compact. 

CHAPTER 6. PUBLIC SAFETY STANDARDS 

Sec. 601. The construction, maintenance, and operation of any gaming facility, shall be 

conducted pursuant to 25 C.F.R. sec. 522.4(b)(7) and in a manner that adequately protects the 

environment and the public health and safety and for that purpose shall comply with the 

requirements of the Compact and all applicable health, safety and environmental standards 
enacted by the Tribe and all applicable state and federal laws. Those public health and safety 

standards for public buildings, electrical wiring, fire protection, plumbing and sanitation that are 

set forth in Chapters 101 Wis. Stats and the administrative rules adopted thereunder, including 

but not limited to CHS. lLHR 14 Fire Prevention, 16 Assembly Halls, and 8 186 Plumbing, Wis. 

Adrnin. Code, as they may be amended from time to time, shall be deemed to be incorporated by 

this Ordinance as the laws of the Tribe applicable to the Tribe's gaming facilities located in the 

State of Wisconsin. 
CHAPTER 7. NET REVENUES 

Sec. 701. The Net Revenues from any games shall be exclusively devoted to the 

purposes authorized by the Forest County Potawatomi Community. 

Sec. 702. The Net Revenues are not to be used for purposes other than: (a) to fund tribal 

government operations or 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; 

or, (e) to help fund operations of local government agencies. 

Sec. 703. If the Tribe chooses to issue Per Capita payments, the interests of minors and 

other legally incompetent persons who are entitled to receive per capita payments will be 

protected and preserved as required by the IGRA. 

CHAPTER 8. FOREST COUNTY POTAWATOMI COMMUNITY GAMING 

COMMISSION 

Sec. 801 Establishment of Commission. 

The duly-created Gaming Commission, pursuant to the Gaming Control Ordinance, 

adopted on July 24, 1993, establishing nine (9) members, shall now be established at five (5) 

members. The terms of the remaining five members shall be unaffected by this Amended 

Ordinance. The term of all members shall be four years. If any Gaming Commissioner's term 

has not been renewed upon his or her anniversary date, that term shall be deemed expired on the 

anniversary date, and the position will be considered vacant. 

Sec. 802. Qualifications. In order to qualify for appointment to the Commission, an 

applicant must satisfy all of the following requirements: 

(a) Be an enrolled member of the Tribe. 

(b) Be age 2 1 or older. 

(c) Have at least a high school or GED equivalent education and have knowledge 

of or experience in the gaming industry. 

(d) Have no prior record of conviction of, or entry of a plea of guilty or no contest 

to, any of the following in any tribal, county, state, or federal court, unless he or 

she has been pardoned; or the Tribe has opted to waive such restriction by 

legislative resolution pursuant to Article IX, Section B of the Gaming Compact. 
(i) A felony; within the last 10 years other than those crimes or acts indicated 

in (d) (ii), (iii) and (iv); 

(ii) Any gaming-related offense; 

(iii) Fraud or misrepresentation in any connection; 

(iv) A violation of any provision of Chs. 562 or 565, Wis. Stats., any 

rule promulgated by the Lottery Board, Wisconsin Racing Board 

or other appropriate state regulatory body, or this Ordinance or 

any other ordinance of the Tribe regulating or prohibiting gaming; 

(e) Not be serving on the Executive Council or any elected or appointed committees 

of the Tribe at the time of his or her appointment to, or during his or her term 

of office on, the Commission. This prohibition does not include persons serving 

on Area or local committees; 

(f) Not be employed by any Gaming Enterprises, and not be a Primary Management 

Official or Owner or Controlling Person with respect to any Management 

Contract. 

(g) Have satisfied restrictions under Chapter 11. "Conflicts of Interest," herein. 

Sec. 803. Term; Quorum. The Commissions. A majority of the acting Commissioners 

present at a meeting duly called shall constitute a quorum. 

Sec. 804. Compensation. Commissions shall serve on a full-time basis and will be 

compensated for their time on a salary basis as determined by the General Council from time to 

time. 
Sec. 805. RemovaVSuspension. Any Commissioner may be removed or suspended by 

an affirmative majority vote of the members voting of the General Council at a regular or duly 

called special meeting of that body. Such action may be recommended upon a majority vote of 

the Executive Council or by any member of the Forest County Potawatomi Community upon 

submission to Executive Council of a petition signed by at least 10 of the qualified voters of the 

Community. Such removal shall only be for cause, including malfeasance, dereliction or neglect 

of duty, unexcused failure to attend three successive meetings of the Commission, failure to 

continue to meet the qualifications for appointment to the Commission, conviction of a felony in 

any tribal, county, state or federal court, while in office, any willhl and persistent misconduct 

reflecting on the dignity and integrity of the Executive Council or the Tribe, or failure to comply 

with any provisiolls of the Tribe's Constitution and By-laws, this Ordinance, and any other 

applicable laws. Any Commissioner being considered for removal may be suspended with or 

without pay by the Executive Council pending final determination by General Council. In cases 

of removal and suspensions, said Commissioner shall be provided with prior notice in writing 

stating the grounds and evidence supporting such grounds for removal, and he or she shall have 

30 days to provide an explanation to the Executive Council in person or in writing, which 

explanation shall be considered by the General Council in voting on the question within 180 days 

of the date of suspension or removal notice. If a General Council meeting does not convene 

within 180 days to decide the removal or suspension charge(s), said Commissioner(s) will be 

deemed to have been reinstated, all charges will be deemed to be dismissed with prejudice, and 

all back pay will be reinstated. Judicial review of such General Council determinations may be 

obtained by bringing an appeal in tribal court within 15 days after the date of the General 

Council's determination. 

Sec. 806. Vacancies. A vacancy on the Commission through death, resignation, term 

expiration, or removal fiom office shall be filled by appointment within 30 days by the Executive 

Council to complete the unexpired term. 

Sec. 807. Powers and duties of Commission. The Commission shall have the following 

powers and duties: 

(a) The Commission shall have primary responsibility for developing policies, 

guidelines, and regulations for Class I1 and Class I11 gaming on the Tribe's Lands, 

and for recommending to the General Council that the General Council adopt such 

policies, guidelines, and regulations. 

(b) The Commission shall monitor all Class I1 and Class 111 gaming on the Tribe's 

Lands and all monthly reports and annual audits of such activities to insure that 

such activities conform to the provisions of this Ordinance and other applicable 

laws. 

(c) The Commission shall issue and revoke gaming licenses in accordance with 

the Tribe's Rules of Licensing Procedures as adopted by the Forest County 

Gaming Commission on 2110195 and on 211 1/95 by the General Council. 
(d) The Commission shall investigate all alleged violations of this Ordinance. 

(e) The Commission shall report to the Executive Council penalties imposed for 

violations of this Ordinance in accordance with Chapter 14 of this Ordinance and 

any other actions to enforce the provisions of this Ordinance or to enjoin or 

otherwise prevent any violation of this Ordinance or other laws relating to gaming 

on the Tribe's Lands. 
(0 The Commission shall prepare and recommend an annual budget for purposes of 

allocating hds to the Commission for necessary activities and expenses, which 

must be approved by the Executive Council, prior to General Council's final 

approval, during its annual process of approval of tribal budgets. The 

Commission may, in accordance with an approved budget, employ such staff from 

time to time as it deems necessary to fulfill its responsibilities under this 

Ordinance, and may retain professional services, other than legal counsel, 

including investigative services to assist the Commission with respect to any of 

the issues over which the Commission exercises jurisdiction. 

(g) In addition to any procedures required under the Tribe's property and procurement 

manual or policies, and except as limited under any Management Contracts or 

other gaming-related contracts, all gaming-related purchases in the amount of 

$5,000 or less that have not been included in the approved budget shall be subject 

to approval by the Commission, and all gaming-related purchases in excess of 

$5,000 that have not been included in the approved budget shall be subject to 

approval by the Executive Council. 

(h) The Commission shall report to the Executive Council at least monthly and as 

needed pertaining to the activities of the Commission and the status of the Tribe's 

gaming enterprises. 

(i) The Commission shall timely post the minutes and all notices of its meetings 

at the Tribal Center of the Community, and provide to the Executive Council 

a complete and up-to-date record of its minutes. 

(j) The Commission shall have the authority to negotiate on behalf of the 

Tribe and shall report to the Executive Council prior to any execution of 

any and all contracts related to regulation and licensing that are not 

inconsistent with the authority delegated under this Ordinance, and that 

are necessary for the operation of any gaming enterprise owned and 

operated by the Tribe. If any such contract requires the waiver in any manner 

of the Tribe's sovereign immunity, the Gaming Commission shall have 

the prior approval to execute such a contract by the General Council. 

(k) Tlle Commission shall have such other powers as are delegated to it from 

time to time by the General Council. 

(1) Only upon prior approval by the Executive Council shall the Gaming 

Commission make official statements on behalf of the Tribe related to the 

Tribe's gaming. 

Sec. 808. Procedures of the Commission. 
(a) Meetings. All meetings (except licensing hearings, related meetings, and 

executive sessions) of the Commission shall be open to all members of the Tribe. 

The Commission may, upon motion duly passed, go into executive session. At 

such sessions, all persons shall be excluded from the meeting chamber, and any 

persons whose presence shall be required before the Commission shall be 

designated by the presiding officer, and no other persons shall be allowed to be 

present other than the Commissioners and any Executive Council members. 

(b) By-laws. The By-laws appended hereto as Appendix A shall be the initial bylaws 

governing the operations of the Commission. Subject to any limitations set forth 

in this Ordinance, such bylaws may be amended by the Commission at any time, 

but amendments shall not be effective until approved by the General Council. 

CHAPTER 9. BACKGROUND INVESTIGATIONS 

. . Sec. 90 1. muired Ba-. The Commission shall conduct 

background investigations of the following persons: 

(a) All Primary Management Officials, Gaming Commissioners, and 

Key Employees; and 

(b) Such additional persons as required under the IGRA, the Compact 

or in the discretion of the Commission. 

. . Sec. 902. Standards for Backgroundesti~ All background investigations shall 

be conducted to ensure that the Tribe in its Gaming Enterprises shall not employ or contract with 

persons whose prior activities, or reputation, habits and associations pose a threat to the public 

interest or to the effective regulation of gaming conducted under the Tribe's Gaming Ordinances,. . . 

or create or enhance the dangers of unsuitable, unfair or illegal practices and methods and 

activities in the conduct of such gaming. Such investigations also shall otherwise meet the 

standards of such investigations imposed under the IGRA and/or the Compact and shall be 

updated as required under the IGRA and/or the Compact, as applicable. Nothing herein shall 

prevent the Commission from conducting more comprehensive background investigations than 

those required under the IGRA or the Compact. 

Sec. 903. kclured Notifications Record Keeping. As appropriate, the Commission 

shall promptly notify the NIGC or other appropriate federal regulatory body and the Lottery 

Board of information obtained in the course of any background investigation as required under 

the IGRA and the Compact, and shall comply with all record-keeping requirements with regard 

to such investigations as are set forth in the IGRA and the Compact. 

CHAPTER 10. LICENSING PROCEDURES 
The Gaming Commission shall have the authority to issue and revoke such gaming 

licenses as may be required pursuant to applicable Tribal law and in accordance with the Forest k' --.. - - County Potawatomi Gaming Commission Rules of Licensing Procedures as adopted by the 

General Council on February 11, 1995, together with all amendments thereto. 

CHAPTER 11. CONFLICTS OF INTEREST PROHIBITED. 

Sec. 1101. No member of the Executive Council or the Commission shall: 

(a) be employed by any Gaming Enterprise, or be a Primary Management 

Official or Owner or Controlling Person with respect to any Management 

Contract, either while serving on the Executive Council or the 

Commission. 

(b) Participate in the approval, denial or renewal of any application for a 

gaming license by, or participate in the revocation or suspension of any 

license granted hereunder to, any Household Member or Immediate 

Relative of such member of the Executive Council or the Commission. 

(c) Engage in any business, transaction, or professional activity or incur any 

obligation of any nature which conflicts with the proper discharge of his or 

her official duties in administering this Ordinance; provided that a Gaming 

Commissioner who may engage in a conflicting activity or incur a 

conflicting obligation that is not otherwise disqualified under Sec. 1101(a) 

shall promptly disclose that activity or obligation to the Executive Council 

and refrain fiom voting on any matter regarding when such activity or 

obligation may constitute a conflict. 

(d) Use or attempt to use, any official or apparent authority of this office 

or duties which places, or could reasonably be perceived as, placing 

their private economic gain or that of any special business interests 

with which they are associated, before those of the general public, 

whose paramount interests their office or employment is intended 

to serve. 

(d) Use or disclose confidential information gained in the course of 

or by reason of their official position or activities, to hrther their 

own economic interests or that of anyone else. 

Sec. 1102. No party to a Management Contract, Owner, or Controlling Person, 

Primary Management Official, or employee of the Tribe in any of its Gaming Operations shall: 
(a) Participate as a player in any Class I1 or Class I11 games conducted 

pursuant to this Ordinance, except that employees of the Tribe in any of its 

Gaming Enterprises may participate as players at locations other than 

those at which they are employed. 

(b) Engage in any business transaction or professional activity or incur any 

obligation of any nature which conflicts with the proper performance of 

any Management Contract or employment duties, as the case may be. 

Sec. 1103. In addition to the prohibitions in Sec. 1102, no employee of the Tribe in any 

of its Gaming Enterprises shall own, be employed by, or have any direct or indirect pecuniary 

interest in any Management Contract or other gaming-related contract of the Tribe. However, 

nothing in this Sec. 1 103 shall prevent the Tribe from employing a person with a direct or 

indirect financial interest in a gaming-related contract which has been submitted to the Bureau of 

Indian Affairs ("BIA") for review and approval during the period of such review, provided that 

any such employment shall terminate upon approval by the BIA of the contract. 

CHAPTER 12. ACCOUNTING, MONTHLY REPORTS, AND ANNUAL AUDITS. 

Sec. 1201. The Commission shall maintain an adequate computerized accounting system 

for the purpose of recording all receipts and expenditures in connection with the conduct of 

games and the disbursement of profits derived therefrom. Printed copies of all information shall 

be in the possession of the Commission and the Executive Council. 

Sec. 1202. No later than 15 days after the end of each month, the General Managers of 

each of the Gaming Enterprises shall prepare and submit to the Commission and the Executive 

Council a comprehensive report for the month completed of the gaming operations for which 

such General Manager has overall responsibility. The report shall include, but not be limited to: 

(a) An itemized statement of the gross receipts. 

(b) An itemized statement of expenditures, including amounts paid for 

salaries and benefits, prizes, supplies and equipment, and other 

expenses. 

Sec. 1203. The monthly report shall be signed by the General Manager with overall 

responsibility for the operations. 

Sec. 1204. In compliance with 25 U.S.C. §2710(b)(2)(C) and (D), all Gaming 

Enterprises shall be subject to an audit by independent certified public accountants, not less than 

annually, to be submitted to the Executive Council and the Commission. Copies of the annual 

audit shall be provided to the NIGC. In addition, all contracts for supplies, services, or 

concessions for a contract amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to Class I1 or Class I11 gaming shall be subject 

to an independent audit not less than annually. 
CHAPTER 13. POWERS OF THE EXECUTIVE COUNCIL 

Section 1301. The Executive Council shall be the body within the Tribe's government 

that has primary responsibility for dealing with an entity established by the United States 

Government andlor the State of Wisconsin for all non-regulatory and non-licensing 

gaming-related purposes. 

CHAPTER 14. POWERS OF THE GENERAL COUNCIL 

Section 1401. The General Council retains the authority to review and rescind any action 

of the Gaming Commission, provided that if the General Council has not acted to rescind an 

action of the Gaming Commission within 30 days from the date minutes describing that action 

have been posted, then the action shall be final and not subject to rescission. 

Section 1402. The General Council retains the sole authority to retain legal counsel for 

the Tribe in the area of gaming. 

CHAPTER 15. INTERPRETATION 

Section 1502. In the interpretation and application of the provisions of this Ordinance, 

said provisions shall be held to the minimum requirements, and shall be liberally construed in 

favor of the Forest County Potawatomi Community and shall not be deemed a limitation or 

repeal of any other tribal power or authority. 

CHAPTER 16. MISCELLANEOUS PROVISIONS 

Sec. 1601. Rght to Any Person From Premises At Any Tk. Any person may 

be excluded from the premises for cause at any time at the discretion of any Primary 

Management Official, General Manager, or other Key Employee. 

. . Sec. 1602. 0. No person shall have in his or her possession 

any alcoholic beverages on any Premises, except for such beverages as are purchased from the 

Tribe or its authorized agents for on-sale consumption in accordance with licensing and other 

requirements of the Compact and laws of the Tribe, with possession and consumption of such 

beverages to be confined to such areas as are specifically defined by the Executive Council. 

Sec. 1603. Prohiued Substances *. 

. No person shall have in his or her possession any 

substance prohibited by federal, state or tribal laws while on any premises. 

Sec. 1604. Firearms. No person shall have in his or her possession any firearm on any 

Premises. This section shall not apply to law enforcement officers or security personnel 

employed by the Tribe. 
Sec. 1605. Disorderly Ce. No person shall engage in conduct which is violent, 

abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly under 

circumstances in which the conduct tends to cause or to provide disturbance on any Premises. 

Sec. 1606. Enforce-. Any person who violates any of the above subsections shall be 

asked to leave the Premises. If any person so requested to leave refuses to promptly leave the 

Premises, any of the Tribe's authorized law enforcement officers or security personnel shall be 

called to escort such person from the Premises. 

Sec. 1607. -on Providers. No person providing conveyance on Tribal Lands, 

or whose destination is Tribal Lands, shall conduct or permit to be conducted, any Class I1 or 

Class I11 games in such vehicle. 

CHAPTER 17. PENALTIES FOR VIOLATIONS 

Any person who violates any provision of this Ordinance or gives false testimony in any 

matter provided for hereunder before either the Commission or the Executive Council shall be 

subject to civil penalties to be imposed by the Executive Council, including suspension or 

exclusion from employment in any Gaming Enterprises, exclusion from the Tribe's Lands if not a 

member of the Tribe, and/or a fine of not more than $10,000 for each such violation. 

CHAPTER 18. EFFECTIVE DATE 

This Ordinance shall take effect upon its adoption by a majority vote of the General 

Council at a duly convened meeting and subject to approval by the NIGC. 
APPENDIX A 

FOREST COUNTY POTAWATOMI COMMUNITY 

GAMING COMMISSION 

BYLAWS 

CHAPTER 1. NAME AND PRINCIPAL OFFICE 

Sec. 101. Name. This Commission shall be known as the Forest County Potawatomi 

Gaming Commission ("Commission"). 

Sec. 102. Principal Office. The location of the principal office of the Commission shall 

be Crandon, Wisconsin, 54520. Mailing address: Forest County Potawatomi Community 

Gaming Commission, P.O. Box 340, Crandon, WI, 54520. 

CHAPTER 2. OFFICERS 

Sec. 201. Election of Officers. A Chairperson, Vice-Chairperson, and Secretary will be 

elected by the Commission in even-numbered years at the first regular meeting of the 

Commission after in such years. 

Sec. 202. Duties of Officers. 

(a) Chairperson. The Chairperson shall be from among the Commission; 

shall preside over all meetings and proceedings of the Commission; shall 

have Ex-Officio membership on all committees of the Commission; and 

shall have the general powers given to the Chairperson by the Executive 

Council, including powers allowed by law to sign contracts, certificates, 

and other instruments which are authorized by the Executive Council and 

the Gaming Ordinances of the Forest County Potawatomi Community 

("Tribe"). The Chairperson shall act as supervisor over all other 

Commissioners. 

(b) Vice-Chairperson. The Vice-Chairperson shall be from among the 

Commission; shall perform duties as the Chairperson and Commission 

may direct; and shall serve in the Chairperson's stead in the Chairperson's 

absence or if the Chairperson is unable to perform, at which time the 

Vice-Chairperson shall have all the powers of the Chairperson. 

(c) Secretary. The Secretary shall be from among the Commission and shall 

perform all duties assigned by the Commission. 

(d) Any documents, orders or other documents of the Commission shall be 
signed by the Chairperson or the Vice-Chairperson in the absence of the 

Chairperson. 

CHAPTER 3. MEETINGS 

Sec. 30 1. @en Meetings. 

(a) All meetings of the Commission (except during licensing hearings, 

meetings that involve licensing issues, and executive sessions) shall be 

open to all members of the Tribe. Balloting at all sessions shall be either 

by acclamation or by secret written ballot, as the Chairperson shall direct. 

(b) During any regular or special meeting, the Commission may, upon motion 

duly passed, go into executive session. At such sessions, all persons 

except for the following persons shall be excluded from the meeting 

chamber: members and officers of the Commission, any members of the 

Executive Council who are present, and any person designated by the 

Chairperson whose presence shall be required before the Commission. 

Sec. 302. Regular Meetings. Regular meetings of the Commission shall be held at least 

monthly at a time, date, and place designated and duly posted at the Tribal Center by the 

Commission. 

Sec. 303. SDecxalMeetmgs. Special meetings of the Commission may be called by the 

Chairperson, the delegated representative of the Chairperson, or a majority of the Commission. 

Sec. 304. Notice. 

(a) Meetu Notice of each regular meeting shall be given to 

Commissioners by written notice delivered no less than 5 days prior to the 

meeting, which notice shall be deemed to be delivered when deposited in 

the U.S. mail so addressed with postage thereon. Notice of all regular 

meetings must also be posted for a minimum of 5 days at designated 

locations in each of the designated areas of the Tribe. 

(b) Meet- Notice of special meetings shall be given to Commissioners 

at least 40 hours prior to the meeting and may be written or oral, via 

telephone. Notice of all special meetings also must be posted for a 

minimum of 40 hours at the Tribal Center and notice of special meetings 

must state the purpose of the meeting. 
Sec. 305. QUQUJL A majority of the active Commission must be present at a meeting to 

establish a quorum. 

Sec. 306. Voting At all Commission meetings, each Commissioner shall have one vote. 

No proxy votes shall be permitted. The vote of a majority of the Commissioners present at a 

meeting at which a quorum is present shall be the act of the Commission. 

Sec. 307. Minutes. The Commission shall keep a correct and complete record of all 

Commission proceedings, which shall be attested by the signature of the Secretary of the 

Commission or his or her delegated representative and which shall be provided to the Executive 

Council in a timely manner. 

Sec. 308. Procedure All non-licensing meetings of the Commission shall be 

governed by the Bylaws and, in all matters not covered in the Bylaws, Revised Roberts Rules of 

Order. 

CHAPTER 4. AMENDMENTS 

These Bylaws may be amended by the Commission at any time, but amendments shall 

not be effective until approved by the General Council. 

CHAPTER 5. FISCAL YEAR 

The Commission's fiscal year shall be from October 1 to September 30. 

CHAPTER 6. COMMITTEES 

The Commission shall establish such committees as it chooses from time to time, to be 

constituted by such Commissioners and advisors as it deems advisable. Reasonable effort shall 

be made to notify committee members of the time and place of committee meetings.