--.-- . o

Mr. Zachariah Pahmahmie, Chairman

Prairie Band Potawatomi Nation

Tribal Government Center

16281"Q' Rd.

Mayetta KS 66509

Re: Approval of amendments to PBP Code Title 12,Law and Order.

Dear Chairman Pahmahmie,

This is in response to your March 16, 2005, letter seeking review and approval of the

various amendments to the Prairie Band Potawatomie Nation's gaming ordinance, PBP

Code Title 12,adopted under Tribal Council Resolution No. 2005-023, March 3, 2005.

The amendments ~ approved.

/f"

Philip N.lIogen

Chairman

NATIONALHEADQUARTERS1441 LSt. NW. Suite 9100. Washington. DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

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PRAIRIE BAND POTAWATOMI NATION 

TRIBAL COUNCIL RESOLUTION PBP NO. 2005-023 

Amending PBP Code Title 12 

Whereas: 

Whereas: 

Whereas: 

The Prairie Band Potawatomi Nation (the "Nation") is a duly 

organized Indian Tribe, with a Constitution and By-Laws 

approved by the Secretary of the Interior and last amended on 

May 13,2000. 

Pursuant to the Prairie Band Potawatomi Constitution, the 

Tribal Council is charged with the duty of protecting the 

health, security and general welfare of the Nation and of 

regulating law and order on the reservation. 

It is appropriate to amend Title 12 to improve the regulation 

of gaming by the Nation using the December 16, 2004 draft 

revisions and the January 12, 2005 draft revisions to Sec. 12- 

3-1 8. 

NOW, THEREFORE BE IT RESOLVED that the Tribal Council 

does hereby amend Title 12 of the PBP Law and Order Code as follows: 

Section 12-1-8. Purposes of Title. 

The purposes of this Title are: 

(I) To regulate, control and license the operation of all gaming within the 

Reservation and on all other Potawatomi Indian lands as defined by 25 U.S.C. fj 

2703(4). 

(2) To promote and strengthen tribal economic development, independence 

and self-determination. 

(3) To generate revenue to strengthen and improve tribal self-government 

and the provision of governmental services. 

(4) To enhance employment opportunities for tribal members. 

In all of its regulatory decisions, policies and actions, the Tribal Commission 

.shall consider and balance the purposes and benefits of the specrfic regulatory activity 

involved with the burdens and costs ofcomplying with such regulation. The purpose of 

this Title and the Commission is not to maximize regulatory activity, but instead to 

provide for the reasonable regulation ofgaming in a way that considers and balances 

these interests. The Commission shall request, consider and discuss with the gaming 

enterprise comments concerning the purposes and benefits of its regulatory activity and 

the burdens and costs of complying with such regulafion. 
(C) The Tribal Gaming Commission shall focus upon the regulation ofgaming 

activity at the gaming enterprise. It shall not involve itselfwith operational matters, 

business decisions, ancillary facilities, non-gaming activities or non-gaming employees 

except as may be clearly necessary to perform a specific regulatory function over gaming 

activi&. 

Section 12-2-1. Definitions. 

In this Title, except where otherwise specifically provided or the context otherwise 

requires, the following terms and expressions shall have the following meanings. 

(A) Applicable Law. "Applicable law" means the Tribal Constitution, this 

Potawatomi Revised Law and Order Code, 

K,,,,,.,.,, . . applicable federal law and the "Compact". 

Section 12-3-18. Removal of Members; Vacancies. 

(A) Removal. The following are causes for removal from the Commission: 

(I) Malfeasance in the handling of gaming regulations and controls. 

(2) Neglect of duty. 

(3) Unexcused absence from three consecutive scheduled Commission 

meetings. 

(4) Conviction of a gaming related offense. 

(5) Noncompliance with this Title. 

(6) Acceptance of a bribe. 

(7 Conviction of a felony. Any member of the Gaming Commission who, 

during the term for which he or she is elected, is convicted of any felony shall 

automatically forfeit his or her ofice effective on the date of the initial court 

conviction. 

(B) Procedure for Removal. Any Commission members who, during the term for 

which he is elected, is charged with any of the offenses listed in this Section may be 

removed from office for cause by a majority vote of the eligible tribal members attending 

any General Council meeting duly called for the removal of a Commissioner, provided 

that a quorum is present. 

(C) Calling a Removal Meeting. Action to initiate removal of a Commission 

members shall be taken by the Council in the form of a resolution, stating the charges 

against the accused, the date of the duly called General Council meeting for the removal 

procedure, and the rights of the accused. A separate notice, stating only "Removal of 

Gaming Commissioner" shall constitute notice of the General Council removal meeting 

to the tribal membership and shall be posted at least thirty days prior to the General 

Council removal meeting. 

(D) Notification to the Accused. A copy of the call for a removal resolution shall 

be provided to the accused by certified mail at least 30 days prior to any General Council 

removal meeting. 

(E) Petition for General Council Removal Meeting. 

PBP Resolution No. 2005-023, page 2 
(I) A request for a General Council removal meeting to consider removal 

of a Commissioner shall be by petition which shall contain at least 300 

signatures of eligible tribal members. 

(2) A clear statement of the purpose of the petition and the cause for 

removal shall be provided on each sheet of the petition. 

(3) Any person circulating the petition shall be an enrolled tribal member. 

(4) After validation of sufficient signatures on the petition by the Election 

Board, the Tribal Secretary shall certify the petition to the Council which shall 

act upon the petition as provided in Subsection 12-3-1 8(C). 

(F) Rights of the Accused. 

(1) Answering Charges. Before the vote of the tribal membership at a 

duly called General Council removal meeting, the accused shall be afforded the 

opportunity to hear and answer all charges of cause for removal included in the 

petition. 

(2) Documentation of Charges. All charges of cause for removal must be 

documented at the General Council removal meeting. In the absence thereof, 

the accused shall be allowed to continue his term of office as a Commissioner. 

(3) Evidence. The accused shall be permitted to have any witness testify 

on his behalf and may present affidavits, statements and pertinent documents as 

he deems necessary to refute the charges of cause for removal. 

(4) Confrontation of Accusers. The accused shall be afforded the 

opportunity to confront and question witnesses who speak against him at the 

General Council removal meeting. 

(5) Failure of the Accused to Appear. Failure of the accused to appear at 

the duly called General Council removal meeting shall be deemed a waiver of 

his right to a hearing unless an excuse satisfactory to the General Council for 

such failure is hrnished to the Council not less than five days prior to the 

meeting. In the event no petitioners appear at such meeting, the removal action 

shall be considered null and void. The vote of the General Council upon the 

matter shall be conclusive. 

(G) Gaming Commissioner Removal by the Commission. 

(I) The Gaming Commission shall have the power to propose by resolution 

the removal of any of its members by the affirmative vote of the majority of a 

quorum at a meeting called for that purpose ifsuch member is found to be guilty 

of any of the following: Moral turpitude, nonfeasance or malfeasance in office, 

gross neglect of duty, misconduct reflecting on the dignity and integrity ofthe 

tribal government, embezzlemenf of tribal property or assets or any other cause 

listed in this Section in Subsection (A). The member charged with any ofthese 

offenses shall be given a written statement detailing the charges at least ten days 

before the meeting at which the Commission is to consider the charges. He or 

she shall be given an opportunity to appear and answer the charges. In no case 

shall the individual who is subject to the charges preside at the meeting at which 

the decision is made on the charges. The removal of only one Gaming 

Commission member may be considered at any meeting. 

PBP Resolution No. 2005-023, page 3 
(2) If the Gaming Commission votes to remove a member, its resolution 

proposing removal shall be delivered to the Chair and all other members of the 

Tribal Council. The Tribal Council shall by resolution within I0 days of the 

date of receipt of the Commission resolution concur or non-concur in the 

proposed removal. /f the Tribal Council concurs in the removal or it fails to 

respond by resolution within 10 days, the Commission member shall be 

considered removed from ofice. If the Tribal Council by resolution votes for 

non-concurrence within 10 days, the Commission member shall not be removed 

at that time. 

(Gj (H) Vacancies. If any Commissioner shall be removed fiom the Commission at the 

General Council removal meeting, the General Council shall be by majority vote at the 

same meeting appoint another person to fill such position. If any Commissioner shall die, 

resign, or for any reason other than removal by the General Council be unable to serve as 

a Commissioner, the Council shall declare his position vacant and shall appoint another 

person to fill such position. The term of office of each person appointed to fill a vacancy 

by the General Council or the Tribal Council shall be for the balance of any unexpired 

term for such position, provided that any such appointee must meet the qualifications 

established by this Title. Any member of the Gaming Commission removedfrom office 

pursuant to this Section shall not be eligible to be elected or appointed to serve on the 

Commission until after the end of the term in which he or she was serving at the time of 

the removal. 

Section 12-3-24. Investigations. 

The Tribal Commission upon complaint or upon its own initiative or whenever it may 

deem it necessary in the performance of its duties or the exercise of its powers, may investigate 

and examine the operation and premises of any person who is subject to the provisions of this 

Title. In conducting such investigation, the Tribal Commission may proceed either with or 

without a hearing as it may deem best, but it shall make no order without affording any affected 

party notice and an opportunity for a hearing pursuant to Tribal Commission regulations. 

During any investigation prior to the issuance of formal written notice concerning an 

apparent violation, no employee or agent of the Tribal Commission shall orally discuss with or 

suggest to a gaming enterprise or licensee the suspension or revocation of the license or other 

possible adverse action by the Tribal Commission. 

Section 12-3-25. Hearings; Examiner. 

Pursuant to regulations, the Tribal Commission may hold any hearing it deems to be 

reasonably required in administration of its powers and duties under this Title. Whenever it shall 

appear to the satisfaction of the Tribal Commission that all of the interested parties involved in 

any proposed hearing have agreed concerning the matter at hand, the Tribal Commission may 

issue its order without a hearing. 

The Tribal Commission may designate one of its members to act as examiner for the 

purpose of holding any such hearing or the Tribal Commission may appoint another person to act 

as examiner under Section 12-3-26. The Tribal Commission shall provide reasonable notice and 

the right to present oral or written testimony to a11 people interested therein as determined by the 

Tribal Commission. 

An employee or agent of the Tribal Commission who prior to hearing is directly involved 

in the rnvestigation of factual issues in a case may not, in that or a factually related case, 

participute or advise in the decision or recommended decision except as witness or counsel in 

public proceedings or in determining applications for initial licenses. 

PBP Resolution No. 2005-023, page 4 
Section 12-7-12. Denial or Revocation of Series B or C Gaming License. 

(A) Grounds for Denial or Revocation. The Tribal Commission may deny any 

Series B or C gaming license without a hearing ifnotice and an opportunity for a hearing 

is provided for after the denial or it may revoke any Series B or C gaming license after 

notice and an opportunity for a hearing, for any of the following reasons: 

(1) The licensee has withheld pertinent information on the gaming license 

application; 

(2) The licensee has made false statements on the gaming license 

application; 

(3) The licensee has participated in gaming activity which was not 

authorized by the gaming license; 

(4) The licensee has attempted to bribe a Council member, Tribal 

Commission members or any other person in an attempt to avoid or circumvent 

this Title or any other applicable iaw; 

(5) The licensee has offered something of value or accepted a loan, 

financing or other thing of value from a Tribal Commission member, a 

subordinate employee or any person participating in any gaming activity; 

(6) The licensee has knowingly promoted, played or participated in any 

gaming activity operated in violation of this Title or any other applicable law; 

(7) The licensee has been knowingly involved in the falsification of books 

or records which relate to a transaction connected with the operation of gaming 

activity; 

(8) The licensee has violated any provision of this Title or any other 

applicable law; 

(9) The license has been convicted of, or has entered a plea of nolo 

contendere to, any crime involving gaming, fraud, theft, embezzlement or other 

activity which, if perpetrated at any facility on the Reservation, would injure or 

pose a threat to the public interest, or the integrity of the gaming activity, or the 

effective regulation of gaming or enhance the dangers of unfair, unsuitable or 

illegal practices in the conduct of gaming; 

(10) The licensee has rehsed to comply with any order, inquiry or directive 

of the Tribal Commission, the Council, the federal government, the State or any 

court of competent jurisdiction; 

(11) The licensee has been convicted of, or entered a plea of nolo 

contendere to, a crime involving the sale of illegal narcotics or controlled 

substances; or 

(12) The license has been determined to have present or prior activities, 

criminal record, if any, or reputation, habits and associations which pose a threat 

to the public interest or to the effective regulation of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal practices in the conduct of 

gaming. 

(B) Procedure for Revocation of Series B or C Gaming License. Whenever it is 

brought to the attention of the Tribal Commission that any person has failed to comply 

with any condition of his tribal gaming license or has failed to obtain a license, the Tribal 

Commission may either undertake an investigation of the gaming enterprise, or serve 

upon such person or any agent of such person an order to show cause why such person's 

license should not be revoked or why such person should not be enjoined from 

conducting gaming activities within the jurisdiction of the Tribe. Such notice shall sate 

the reason for the order, the time and place for the show cause hearing before the Tribal 

Commission, and that the person shall have an opportunity to present testimony and cross 

examine opposing witnesses, and to present any other evidence as to why a revocation 

order or injunction should not be issued. The hearing shall be set for not less than 30 

PBP Resolution No. 2005-023, page 5 
days nor more than 45 days from the date of the notice or receipt by the Tribal 

Commission of any appeal filed pursuant to Subsection 12-7-1 l(B). The hearing shall be 

governed in all respects in accordance with tribal law and Tribal Commission regulations. 

Section 12-7-14. Denial or Revocation of Series D Gaming License. 

(A) Grounds for Denial or Revocation of Series D Gaming License. The Tribal 

Commission may deny any Series D gaming license without a hearing if notice and an 

opporrunity for a hearing is provided for after the denial or it may revoke any Series D 

gaming license after notice and an opportunity for a hearing, for any of the following 

reasons: 

(1) The licensee has withheld pertinent information on the gaming license 

application; 

(2) The licensee has made false statements on the gaming license 

application; 

(3) The licensee has participated in gaming activity which was not 

authorized by the gaming license; 

(4) The licensee has attempted to bribe a Council member, Tribal 

Commission member or any other person in an attempt to avoid or circumvent 

this Title or any other applicable law; 

(5) The licensee has offered something of value or accepted a loan, 

financing or other thing of value from a Tribal Commission member, a 

subordinate employee or any person participating in any gaming activity; 

(6) The licensee has knowingly promoted, played or participated in any 

gaming activity operated in violation of this Title or any other applicable law; 

(7) The licensee has been knowingly involved in the falsification of books 

or records which relate to a transaction connected with the operation of gaming 

activity; 

(8) The licensee has violated any provision of this Title or any other 

applicable law; 

(9) The licensee or any director, officer, ten percent or greater shareholder 

or partner thereof has been convicted of, or has entered a plea of nolo 

contendere to, any crime involving gaming, fraud, theft, embezzlement or other 

activity which, if perpetrated at any facility on the Reservation, would injure or 

pose a threat to the public interest, or the integrity of the gaming activity, or the 

effective regulation of gaming or enhance the dangers of unfair, unsuitable or 

illegal practices in the conduct of gaming; 

(10) The licensee has refused to comply with any order, inquiry or directive 

of the Tribal Commission, the Council, the federal government, the State or any 

court of competent jurisdiction. 

(1 I) The licensee or any director, officer, ten percent or greater shareholder 

or partner thereof has been convicted of, or entered a plea of nolo contendere to, 

a crime involving the sale of illegal narcotics or controlled substances; or 

(12) The licensee or any director, officer, ten percent or greater shareholder 

or partner thereof has been determined to have present or prior activities, 

criminal record, if any, or reputation, habits and associations which pose a threat 

to the public interest or to the effective regulation of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal practices in the conduct of 

gaming. 

(B) Procedure for Revocation of Series D Gaming License. Whenever it is 

brought to the attention of the Tribal Commission that any licensee has failed to comply 

with any condition of his tribal gaming license or has failed to obtain a license, the Tribal 

Commission may either undertake an investigation of such licensee. or serve upon such 

licensee or any agent of such licensee an order to show cause why such licensee's license 

PBP Resolution No. 2005-023, page 6 
should not be revoked or why such licensee should not be enjoined from conducting 

gaming activities within the jurisdiction of the Tribe. Such notice shall state the reason 

for the order, the time and place for the show cause hearing before the Tribal 

Commission, and that the licensee shall have an opportunity to present testimony and 

cross examine opposing witnesses, and to present any other evidence as to why a 

revocation order or injunction should not be issued. The hearing shall be set for not less 

than 30 days nor more than 45 days from the date of the notice or receipt by the Tribal 

Commission of any appeal filed pursuant to Subsection 12-7-13(B). The hearing shall be 

governed in all respects in accordance with tribal law and Tribal Commission regulations. 

New Section 12-9-12. Appeal of Final Tribal Commission Decisions to Tribal Court. 

The Tribal Commission's final decisions concerning the enforcement and application of 

this Title may be appealed to the Tribal Court. Such decisions shall be considered by the Tribal 

Court utilizing the arbitrary and capricious standard of review. 

FINALLY, BE IT RESOLVED that the Tribal Council does hereby enact 

these amendments to PBP Code Title 12, which shall be submitted to the 

National Indian Gaming Commission for its review and approval. 

CERTIFICATION 

This resolution amending PBP Code Title 12 was duly adopted on 

3rd day of March, 2005, at a Meeting of the Prairie Band Potawatomi 

Tribal Council, during which (6) members were present, constituting a 

Subscribed and sworn to before me this /o* day of March, 2004. 

PBP Resolution No. 2005-023, page 7