September 27,2013 

Via US. Mail and Facsimile 

Marshall Gover, President 

Pawnee Business Council 

Pawnee Nation of Oklahoma 

P.O. Box 470 

Pawnee, OK 74058 

Re: Pawnee Nation Gaming Ordinance Amendments 

Dear President Gover: 

This letter responds to your request oabehalfof the Pawnee Nation of Oklahoma 

for the National Indian Gaming Commission Chairwoman to review and approve the 

Nation's amendments to its gaming ordinance. The Pawnee Business Council approved 

amendments on August 28,2013, as reflected in your letter dated August 28,2013. 

The Pawnee Business Council amended Article 3, which relates to the structure and 

powers of the Gaming Commission. Specifically, the amendments relate to election of 

commission officers, and prevent dual employment as a commission member and 

commission staff. Thank you for bringingthe amendments to my attention. The 

amendments are approved as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. It is important to note that the amendments 

are approved for gaming only on Indian lands, as defined by IGRA, over which the Tribe 

has jurisdiction. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 

420-9229. 

Sincerely. 

Tracie L. Stevens 

Chairwoman 

NAnON6l HWrrW- 1441 LSt. NW, Suite 91W. W&i@m DC 2G€D5 Tel 202 632 7603 Fax' 202.632 7066 W.NIGC.GW 

WoNu wAm Portlsnd, OR: Sacraments, CA, Phoenix, AZ; U Paul. MN;Tuh OK 
Article 3- Tribal Gaming Commission 

Section 3.1 Tribal Gaming Commission Created 

There is hereby established a 'Tribal Gaming Commission which shall be called the Pawnee . . Nation Gaming Commi~sion~ssimj~The €emmmweCommission may consist~f up to 

ms-members appointed by majority vote of the Pawnee Business Council. 

Provided that no Commissioner shall be: 

I [a) Younger than 25 years of age at the time of appointment; 

I fa)(b) An employee of the Pawnee Nation Gaming Commission staff: 

@&A current member ofthe Pawnee Business Council. 

Section 3.2 Appointment of Members 

(1) Appointments of the Commission shall be for a period of three years. The initial 

appointments shall have different len@hs of terms which shall result in staggered 

terms. Commissioners may be reappointed for one or more successive terms. 

Comnlissioners may remain appointed until a new Commissioner is appointed by the 

Pawnee Business Council. 

(2) Commissioners may be removed for cause by majority vote of the Pawnee Business 

Council. 

(3) Commissioners must satisfy a background check. Commissioners may not participate 

in matters relating to their background investigation. Such background investigations 

shall be under the direction of the Business Council or its designee. 

(4) Upon completion of the background investigation, the Pawnee Business Co~n~cil,n 

Executive Session shall disc~~ss allinformation gathered, and in regular session by 

majority vote, shall either: 

(a) issue a License, or 

@) notice the Commissioner for a hearing before the Council, or 

(c) Deny the license. 

(5) Commissioners may be removed by a majority vote of the Pawnee Business Council. 

Section 3.3 Appointment of Officers 

The 

P&-

Chairman, Vice-Chairman, and Secretary shall be qpe&d--~--"..-;..--- 

elected by maiority vote from the memh 

g~ointed to the CommAssion by the Pawnee Business Council on an annual basis. In the 

absence of the Chairman, the Vice-Chairman will serve as Chairman., 

Section 3.4 Conflict of Interest 

(1) No member of the Commission shall engage in any business which is snbject to 

regulation by the provisions of this Ordinance. No member, during his term of office 

or for two (2) years thereafter, may consult with or in any inanner be employed by or 

own, directly or through a relative, nominee, or trustee, any interest in any business 

subject to regulation by this Ordinance. 
(2) Members of the Commission and Conlmission employees are prohibited fioin playing 

or participating in any gaming activity in any Gaming Facility regulated by this 

Ordinance. 

Section 3.5 Meetings 

General Meetings of the Commission may be open to the public. Executive sessions 

may be held for good cause, including but not limited to, protecting the privacy of 

persons, considering personnel matters, considering licensing detenninations, 

reviewing background investigations, hearing complaints against individuals, and 

considering whether to include persons on the list of excluded individuals. No vote 

shall be taken during executive session. Matters discussed in executive session are 

deemed confidential. 

The Commission shall meet at least monthly within the jurisdiction of the Pawnee 

Nation. 

Meetings may be called by the Chairman or by majority vote of the Commission at a 

duly called meeting. 

Notice of a meeting shall be posted in public areas at least 72 hours in advance or the 

meeting shall be rescheduled. 

An emergency meeting or special meeting may be called by the Chairman or by a 

majorily of the Conmission to transact business which could not be reasonably 

anticipated and placed upon the agenda of a regularly called meeting. Notice of such 

emergency meeting or special meeting shall be provided to the Comnlission, the 

Business Cou~cil, the Tribal Development Corporation, and the public. All 

requirements of this section, except notice, shall be applicable to an emergency 

meeting or special meeting. 

Members of the Commission may participate in a meeting of the Commission by 

means of conference telephone or similar communications equipment by means of 

which all persons participating in the meeting can hear each other. Participation in a 

meeting in such mmer by a member shall constitute the presence of the member at 

the meeting. 

Three Commissioners shall constitute a quorum to transact business. Each member of 

the Commission shall be entitled to one vote. The ChairmanIChairperson shall vote 

only in the event of a tie. 

The Commission shall act by majority vote ofthe Commissioners present. 

Minutes of meetings shall be kept and shall at a minimum record the topics discussed, 

motions made and the Commissioner making such motion, and the votes on motions. 

Nothing herein shall preclude a vote from being takcn by the Commission telephone 

or email poll in an emergency when the circumstances do not allow a meeting of the 

full board in one location in a timely manner. 

Section 3.6 Authority and Responsibility 

The Conlmission shall have the power, authority, and responsibility to: 
(1) Initiate Civil and Criminal actions in court to enforce provisions of this Ordimance, 

Commission regulations or the IGRA, 

(2) Review, comment and approve management agreements for Class I1 and Class 111 

Gamine. - Activities: 

(3) Review, comment and approve construction, development, and vendor contracts or 

agreements - for conformance with this gaming ordinance - and other laws ofthe Nation. 

Approve, deny, suspend or revolce gaming licenses for Class I1 or Class 111 Gaming; 

Monitor all Gaming Activities conducted on Pawnee Nation Land on a continuous 

basis; 

Ensure that background investigations are conducted as required by this Ordinance; 

Demand access to and inspect, examine, copy, and audit all papers, books and records 

concerning activities and revenues of any Gaming Activities conducted on Nation 

land and any other matters necessary to carry out its duties nnder this Ordinance; 

Conduct such hearings as the Commission may deem appropriate in carrying out its 

duties, including administering oaths or affirmations to witnesses and issuing 

su~bpoenas to compel witness to appear at such hearings; 

By majority vote, authorize the Chairman of the Commission to issue, or cause to be 

issued, subpoenas, which subpoenas shall be of like effect as issued by the Tribal 

Court; 

Issue Notice of Violations to any person or facility within the jurisdiction of the 

Nation; 

When information is received through audits or other investigations that indicates a 

violation of Tribal, Federal or other applicable state Statues, laws or regulations, to 

treat as confidential and provide to the appropriate law enforcement officials and the 

Attorney General for prosecution; 

Promulgate, Adopt or develop regulations, provided that all such regulations shall be 

filed with the Tribal Secretary and shall be public records open to inspection by any 

person during normal business hours, deemed necessary to clarify or enforce 

provision of this Ordinance or the Nation's right and interests established in approved 

Management Agreements 

Adopt a Class I1 and Class 111 Gaming License Application; 

Deposit all payments, fees, assessments, penalties, interest, and civil fines collected 

under authority of this Ordinance into accounts designated by the Commission to the 

credit of the Nation; 

Collect fees and assessments as provided for in this Ordinance. 

Section 3.7 Quarterly Reports 

The Commission shall submit a report, including, if submitted, the views of individual I Commission members, ii%&&m&= to the Council on a quarterly basis each calendar year. The 

report shall include information concerning: 

(I) Eunding, including income ancl expenses, of the Commission; 

(2) Net Revenue and Adjusted Ciross Revenues received by the &tion from Gaming 

Operation; 

(3) Recommendations for amendments to this Ordinance; 
(4) A summary of gaming licenses issued and denied, by type, during die preceding 

quarterly reporting period; and 

(5) Any other matter considered appropriate and ielevant to the conduct of the Tribal 

Ganing Operations. 

Section 3.8 Budget 

The Pawnee Business Council is hereby authorized to appropriate such sums as may be 

necessary for the adequate operation of the Commission. 

Section 3.9 Staffing of Tribal Gaming Commission 

(1) General Counsel. The Commission shall designate a licensed attorney to act as 

General Counsel to the Commission. 

(2) Other Staff, lie Commission may appoint and supervise other staff for the 

Commission in accordance with the personnel policies and procedures of the Pawnee 

Nation, at such rates of pay as shall be reflected in the budget of the Commission as 

approved by the Business Council, provided that no Person may be appointed to the 

staff of the Commission who is a relative of a member of the Commission, Tribal 

Manager, Management Contractor, Primary Management Official, ICey Employee, or 

a member of the Pawnee Business Council. 

(3) Assignment of Other Personnel. The Commission may request the assignment of 

perso~lnel to assist the Commission in carrying out its duties under this Ordinance, 

unless otherwise prohibited by law or contract, and as authorized by the Pawnee 

Business Council. 

Section 3.10 Access to Information 

(1) General Authorization. The Commission may secure from any department or 

agency of the Tribal govem~lent, and from cooperating agencies or departments of 

the government of any Indian Tribe, any State, or the Ilnited States information 

necessary to enable it to carry out its function hereunder. Upon request of the 

Commission, the head of any department or agency of the Tribe shall furnish such 

infournation to the Coimission unless othemise prohibited by law. 

(2) Distribution. The Commission is authorized, upon request For law enforcement 

purposes or as required by law, to distribute to the National Indian Gaming 

Commission, and any agency of another federally recognized tribe or b*te having 

authority to regulate gaming or prosecute offenders for violations of the appropriate 

gaming laws within the jurisdiction of such Tribe or state, such information as it may 

have available, unless otherwise prohibited by law. 

Section 3.11 Assessment of Fees 

(1) Authorization. The Commission shall, from time to time, promulgate regulations 

establishing a uniform schedule 01 fees to be paid annually by each Gaming 

Operation that is regulated by this Ordinance, and shall review said schedule annually 
during its budget process. The fee imposed on a Gaming Operation inay be reduced 

or waived by the Gaming Conlnlission in the event a Gaming Operation experiences a 

severe ecoilon~ic hardship or serious natural disaster. The rate of fees iinposed under 

this Section shall be assessed as follows: 

(a) no less than 0.5 percent nor more than 2.5 percent of the first One Million 

Dollars ($1,000,000) of the Gross Receipts, and 

(b) no more htn 5 percent of the Gross Receipts in excess of the first One Million 

Dollars ($1,000,000) of the Gross Receipts hom each entity regulated by this 

Ordinance. 

(2) Non-Payment. Failure to pay the appropriate fees required under any provision of 

this Ordinance shall, subject to the regulations of the Tribal Gaming Commission, be 

grounds for revocation or suspension of the license of the nonpaying entity regulated 

by this Ordinance.. 

Section 3.12 Ethics 

(1) The Nation recognizes that the duties of the Commission include making important 

decisions on highly sensitive issues. As such, the Nation has determined that the 

Commission and Commission Staff shall be held to extremely high ethical standards. 

The Commission and Commission Staff shall agree to be bound by the following: 

(a) Endeavor to avoid any actions creating the appearance that they are violating 

the law or the ethical standards listed herein. 

(b) Not use their positions for private gain. 

(c) Not hold financial interests that conflict with the conscientious performance of 

their duties as regulators. 

(d) Not solicit or accept any gifl or other item of monetary value, including 

complimentary items or services over the amount of $100 fiom any person or 

entity seeking official action or inaction fiom, doing business with, or 

conducting activities regulated by the member's organization, or whose intercsts 

inay be substantially affected by the performance or nonperformance of the 

Commissions' duties. 

(e) Make no unauthorized con~mitments or promises of any kind purporting to bind 

the Nation. 

( Act impartially, in accordance with all relevant Tribal, Federal, and State laws 

(where applicable), and shall not give prererential treatment to any private 

organization or individual, including to any persons related to Commissioners or 

Commission Stafl.