CHAPTER 9. HEARINGS BEFORE THE TRIBAL GAMING
COMMISSION

The Tribal Gaming Commission shall schedule hearings whenever necessary to ensure
compliance with gaming laws, the integrity of tribal gaming operations, or the accountability of
gaming operation funds.

Section 1. Notice.

Except as provided below in section 2, the Tribal Gaming Commission shall provide 15 days
written notice of hearings to the interested parties setting forth the nature of and reason for
the hearing, any allegations against those parties, and the time and place for the hearing.

Section 2. Temporary Restraining Orders and Show Cause Orders.

When the Tribal Gaming Commission has reason to believe that there has been a violation of
tribal or federal gaming laws, or the integrity of a gaming operation or its accountability for
funds is in jeopardy, the Tribal Gaming Commission may protect the Tribe and the gaming
public by issuing temporary restraining orders as may be necessary to prevent irreparable
harm or violation of the law and may issue show cause orders to require interested parties to
appear on 24 hours notice for an emergency hearing. Service of a show cause order shall be
by hand delivery to interested parties or their agents.

Section 3. Subpoenas.

The Tribal Gaming Commission may issue subpoenas for witnesses, documents, and other
tangible evidence as necessary to aid in enforcement of this Ordinance and regulations
promulgated thereunder, the Class {Il Compact between the Tribe and the State, and the
Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. An interested party may request in
writing that the Tribal Gaming Commission issue subpoenas to compel the attendance of
witnesses or production of other evidence favorable to that party.

Section 4. Procedure.

Hearings shall be conducted before the full Tribal Gaming Commission, unless the Tribal
Gaming Commission delegates to the Chairman the authority to hear particular cases or
claims. Provided, however, that in any case where the Chairman is delegated to conduct the
hearing, interested parties may appeal any adverse order by the Chairman to the full Tribal
Gaming Commission.

A. Chairman Presides. Unless otherwise ordered by the Tribal Gaming
Commission, the Chairman shall regulate the proceedings at Tribal Gaming Commission
hearings, swear witnesses, admit evidence and rule on evidentiary issues, including
objections or preliminary motions by counsel for interested parties.

15


Section 6. Commission Member Background Investigations, Eligibility
Determinations, and Election to the Tribal Gaming Commission

Prior to an election of a person to the Tribal Gaming Commission, the Tribe’s Business and
Claims Committee shall cause a background check to be conducted and shall make an
eligibility determination as set forth below:

A. The agency designated by the Tribal Gaming Commission shall conduct a
background investigation concerning any person who has submitted their name to the Tribe’s
Personnel Office for election to the Commission, with particular regard to the financial
stability, integrity, responsibility, reputation, and good character of the prospective Gaming
Commission Member. Each prospective Tribal Gaming Commission member shall fill out the
necessary background application at the Yankton Sioux Gaming Commission office.

B. The Tribe’s Business and Claims Committee shail review the nominee's prior
activities, including criminal record, if any, and reputation, habits, and associations to make a
finding regarding eligibility for election to the Tribal Gaming Commission.

Cc. If a prospective Tribal Gaming Commission member fails to meet the
requirements for members of the Tribal Gaming Commission, set forth in section 4 above, or
the Business and Claims Committee determines that appointment of the nominee poses a
threat to the public interest, or effective regulation of gaming, or creates or enhances dangers
of unsuitable, unfair, or illegal practices and methods or activities in the conduct of gaming,
then he or she shall not be eligible to stand for election by the General Council to the Tribal
Gaming Commission.

D. No individual who is not eligible for employment as a primary management
official or key employee shall be elected to the Tribal Gaming Commission.

E. if the Tribe’s Business and Claims Committee determines that a prospective
Gaming Commission member has met all of the requirements for members of the Tribal
Gaming Commission, set forth in section 4 above, and is eligible for election as set for the in
this sub-section, then the General Council may consider that person for election to the Tribal
Gaming Commission.

Section 7. Removal of Members; Good Cause; Unexcused Absence —
Vacancies.
A. Removal from Office. The General Council may only remove Tribal

Gaming Commission members prior to the expiration of his or her term of office for good
cause. The Tribal Gaming Commission may only remove one of its members before
expiration of the term of office after he or she has been absent without excuse for 3 or more
consecutive meetings.

B. Good Cause for Removal. The following shall be and are cause for removal
from the Tribal Gaming Commission:

(1) Abuse of office, including the acceptance of any bribe or inducement to
influence the official decision making of the Tribal Gaming Commission;


(2) Any person who has authority;
(a) Tohire and fire employees; or
(b) To set up working policy for the gaming operation; or

(3) The chief financial officer or other person who has financial management
responsibility.

Section 2. Application Forms.

A. Class 4I_and Class III Gaming Key Employee and Primary Management Official
Licensees. The following notice shall be placed on the application form for a key employee

or primary management official before that form is filled out by an applicant:

In compliance with 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 disclosures indicated in this
notice will result in the tribal gaming operation 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.

B. Existing key employees and primary management officials shall be notified in
writing that they shall either:

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

(2) Sign a statement that contains the Privacy Act notice and consent to the
routine uses described in that notice.

Cc. The following notice shall be placed on the application form for a key employee
or a primary official before that form is filled out by an applicant:

A false statement on any part of your application may be grounds for not hiring you, or for
firing you after you begin work. You may also be punished by fine or imprisonment under
applicable federal or tribal law. See 18 U.S.C. § 1001.

D. Existing key employees and primary management officials shall be notified in
writing that they shall either:

(1) Complete a new application that contains a notice regarding false
statements; or

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

19


Section 5. Procedures for Forwarding Applications and Reports
for Key Employees and Primary Management Officials

to the National Indian Gaming Commission 22
Section 6. Report to the National Indian Gaming Commission 22
Section 7. Granting a Gaming License 23
Section 8. License Suspension 23

CHAPTER 12. FACILITY AND OTHER LICENSES; ANNUAL FEES

Section 1. Facility Licenses 25
Section 2. Other Licenses 25
Section 3. Licenses Subject to Restriction, Revocation, or

Termination 26
Section 4. Class Ill Gaming Standard 26
CHAPTER 13. PROHIBITIONS AND PENALTIES
Section 1. Prohibition on Unauthorized Gaming 27
Section 2. Prohibition on Gaming by Minors 27
Section 3. Prohibition on Gaming by Intoxicated Persons 27
Section 4. Prohibition on Cheating 27
Section 5. Mandatory Compliance with Federal and Tribal

Revenue Laws 27
Section 6. No Credit Extended 27
Section 7. Standards for Class III Gaming Devices 27
Section 8. Penalties for Violations; Forfeiture of Property 27
CHAPTER 14. DISPUTE RESOLUTION 28

CHAPTER 15. PRIOR GAMING LAWS REPEALED 29


CERTIFICATION

1, Frances C. Hart as Secretary of the Yankton Sioux Tribe Business and Claims Committee,
certify:
A. That the General Council of the Yankton Sioux Tribe is vested with authority to

enact ordinances for the general welfare of the Tribe and is composed of qualified voters of
the Tribe;

_B. That a meeting of the General Council was held on October 31, 2007 with
L/S present constituting a quorum;
Cc. That the General Council duly adopted the amended Yankton Sioux Tribe

Gaming Ordinance at such meeting by an affirmative vote of _@.2 for, © against, and
not voting;

D. The foregoing Yankton Sioux Tribe Gaming Ordinance is a true and correct
copy of the Ordinance enacted by the General Council.

A thi

Cf he Uae
Frantes C. Hart, Secretary
Business and Claims Committee
Yankton Sioux Tribe

, g Bly,
Signed and sworn to before me this _/ day of (Qecsmbert , 2007

Notary Public _
Ogg te aa, aazZ

30


B. Order of Proceeding. An attorney or agent of the Tribal Gaming
Commission shall begin by presenting information or evidence concerning the Commission’s
reason for holding the hearing. Then any interested parties shall have an opportunity to rebut
and offer information or evidence in their own behalf. At the close of the evidence, the Tribal
Gaming Commission shall take the matter under advisement and render its decision
thereafter.

Section 5. Evidence.

The Chairman of the Tribal Gaming Commission may admit probative information and
evidence without regard to formal Rules of Evidence, provided, that all parties’ rights to due
process of law are protected. If witnesses are called to testify, testimony may be limited to
relevant matters, and opposing parties shall be afforded an opportunity to cross examine the
witnesses.

Section 6. Commission Orders.

Whenever official action is necessary after a hearing, the Tribal Gaming Commission shall
issue written orders which may grant, deny, restrict, suspend, revoke, or terminate a license,
enjoin an activity or order an activity to be undertaken, impose a fine, or grant such further
relief as it finds necessary to fulfill its regulatory responsibility together with the reasons for
the action taken.

Section 7. Appeal.

Within 30 days after the issuance of an order of the Tribal Gaming Commission, an interested
party may appeal an adverse order to tribal court. The tribal court shall uphold the order of
the Tribal Gaming Commission, unless it finds that the Tribal Gaming Commission committed
a clear error of law, abused its discretion, or there was no support for the Commission’s
factual findings.

16


(a) Steps taken in conducting the background investigation;
(b) A list of Results Obtained;

(c) Description of Conclusions Reached; and

(d) The Basis for those Conclusions.

Section 4. _ Eligibility Determination.

Based upon the applicant's submission of required information, a thorough review of the
background investigation and investigative reports developed by the agency designated by
the Tribal Gaming Commission, the Tribal Gaming Commission shall review a person's prior
activities, criminal record, if any, and reputation, habits and associations to make a finding
regarding the eligibility of a key employee or primary management official for employment in
a gaming operation. If the Tribal Gaming Commission determines that employment of a
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 or activities in the
conduct of gaming, a tribal gaming operation shail not employ that person in a key employee
or primary management official position.

Section 5. Procedures for Forwarding Applications and Reports for Key Employees
and Primary Management Officials to the National Indian Gaming
Commission.

A. When a key employee or primary management official begins work at a gaming
operation authorized by this ordinance, the Tribal Gaming Commission shall forward to the
National Indian Gaming Commission a completed gaming license application and:

(1) The agency designated by the Tribal Gaming Commission shall conduct
the background investigation referred to in section 3 of this chapter; and

(2) The Tribal Gaming Commission shall make the determination referred to
in section 4 of this chapter.

B. The Tribal Gaming Commission shall forward the report referred to in section 6
of this chapter 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.

Cc. No gaming operation shall employee as a key employee or primary
management official a person who does not have a license after 90 days.

Section 6. Report to the National Indian Gaming Commission.

A. Pursuant to the procedure set out in section 5 of this chapter, the Tribal Gaming
Commission shall prepare, or cause to be prepared under its oversight, an investigative
report on each background investigation, and forward said investigative report to the National
Indian Gaming Commission. Said investigative report shall include all of the following:

(1) Steps taken in conducting a background investigation;

22


CHAPTER 11. LICENSES FOR KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS

The Tribal Gaming Commission shall ensure that the policies and procedures set out in this
section are implemented with respect to key employees, and primary management officials
employed at any class || gaming or class ill gaming enterprises operated on the Yankton
Sioux Tribe's indian lands:

Section’. Definitions.
For the purposes of this section, the following definitions apply:
A. Key employee means
(1) Aperson who performs one or more of the following functions:

(a) Bingo Caller;
(b) Counting room supervisor, Hard/Soft count personnel,
(c) Chief of security;
(d) Custodian of gaming supplies or cash;
(e) Floor manager;
(f) Pit boss;
(g) Dealer;
(h) — Croupier;
(i) Approver of credit;

() Custodian of gambling devices including persons with access to
cash and accounting records within such devices;

(k) Slot personnel;

(0) Cage personnel;

(m) Security personnel;

(n) Surveillance personnel;

(0) Accounting personnel;

(p) Purchasing personnel; or

(q) | Human Resources personnel;

(2) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000.00 per year; or

(3) If not otherwise included, the four most highly compensated persons in
the gaming operation;

B. Primary management official means

(1) The person having management responsibility for a management
contract;

18


Section 7. Cooperation with Law Enforcement Agencies.

To cooperate, confer with and assist, as appropriate, the Tribal and Bureau of Indian Affairs
law enforcement agencies, Federal Bureau of Investigation, National Indian Gaming
Commission, and other law enforcement agencies in enforcing federal and tribal gaming laws
and prosecuting gaming law violations.

Section 8. Reports.

To report to the General Council, the Business and Claims Committee, and the National
Indian Gaming Commission as necessary.

Section 9. Budget, Expenses and Accounting.

To approve a proposed annual budget for submission to the Business and Claims Committee
and after Business and Claims Committee approval of its budget, to pay expenses, salaries,
stipends and miscellaneous costs as necessary in accordance with its budget; provided, that
complete and accurate records shall be maintained of all Tribal Gaming Commission funds,
expenses, salaries, stipends and miscellaneous costs.

Section 10. Personnel.

To hire, supervise and discipline personnel necessary to assist the Tribal Gaming
Commission in the fulfillment of its duties and responsibilities.

Section 11. Necessary and Proper.

To exercise such other incidental powers as are necessary and proper to carry out the above
powers, including the issuance of process and subpoenas, discovery requests, show cause
orders, and citations for contempt of Tribal Gaming Commission orders or process.

13


CHAPTER 5. PROTECTION OF THE ENVIRONMENT
AND PUBLIC HEALTH AND SAFETY

Gaming facilities shall be constructed, maintained and operated in a manner that adequately
protects the environment and the public health and safety.


CHAPTER 14. DISPUTE RESOLUTION

Any dispute arising between the gaming public and the tribal gaming corporation or the Tribe
may be resolved in the tribal courts of the Yankton Sioux Tribe in accordance with tribal law,
except to the extent the Class III Gaming Compact entered into between the State and the
Tribe require different procedures.

28


CHAPTER 12. FACILITY AND OTHER LICENSES; ANNUAL FEES
Section 1. Facility Licenses.

The Tribal Gaming Commission shall issue a separate operating license to each place,
facility, or location on tribal lands where class II or class II gaming is conducted under this
ordinance. The fee for each facility license shall be set by the Tribal Gaming Commission by
regulation. This fee is in addition to the cost of any background investigation.

Section 2. Other Licenses.
In addition to facility licenses, the Tribal Gaming Commission shall issue the following
licenses:

A. Slot Machine Operator. The fee for a license to operate slot machines is
$1,000 annually unless the Tribal Gaming Commission by regulation establishes a different
fee. No person or entity that is not eligible for a key employee or primary management
license shall be granted a license to operate slot machines. This fee is in addition to the cost
of any background investigation.

B. Video Lottery Operator. The fee for a license to operate video lottery
machines is $1,000 annually unless the Tribal Gaming Commission by regulation establishes
a different fee. No person or entity that is not eligible for a key employee or primary
management ficense shall be granted a license to operate video lottery machines. This fee is
in addition to the cost of any background investigation.

Cc. Class Ili Card Game Operator. The fee for a license to operate class III card
games is $1,000 annually unless the Tribal Gaming Commission by regulation establishes a
different fee. No person or entity that is not eligible for a key employee or primary
management license shall be granted a license to operate class |il card games. This fee is in
addition to the cost of any background investigation.

D. Class || Gaming Operator. The fee for a license to operate class {I
gaming is $1,000 annually unless the Tribal Gaming Commission by regulation establishes a
different fee. No person or entity that is not eligible for a key employee or primary
management license shall be granted a license to operate class II gaming. This fee is in
addition to the cost of any background investigation.

E. Key Employee and Primary Management Official Licenses. The fee for a key

employee or primary management official is $100 annually unless the Tribal Gaming
Commission by regulation establishes a different fee. The procedure for granting Key
Employee and Primary Management Official Licenses is set forth in Chapter 11 above. This
fee is in addition to the cost of any background investigation.

F. Employee Licenses. The fee for an employee licensee to work at a class
Wt or class Ill gaming facility is $25 annually unless the Tribal Gaming Commission by
regulation establishes a different fee. This fee is in addition to the cost of any background
investigation.

G. _ Vendor Licenses. The fee for a vendor license at a class il or class II gaming
facility is $75 annually unless the Tribal Gaming Commission by regulation establishes a
different fee. This fee is in addition to the cost of any background investigation.

25


CHAPTER 2. GAMING AUTHORIZED

Section 1. Class ll Gaming.

Class II gaming as defined in the Indian Gaming Regulatory Act, 25 U.S.C. § 2703 and
regulations promulgated thereunder is hereby authorized by tribal law, provided such class Il
gaming is conducted consistent with the Indian Gaming Regulatory Act, regulations
promulgated thereunder, this Ordinance, and other tribal laws and regulations.

Section 2. Class Ill Gaming.

Class III gaming as defined by the Indian Gaming Regulatory Act, including, blackjack, poker,
slot machines, video games, pari-mutuel wagering, horse and dog racing, and such other
class III gaming that is authorized by the State of South Dakota is hereby authorized by tribal
law, provided such class III gaming is authorized by, and conducted consistent with, the
Indian Gaming Regulatory Act, the Tribal-State Class Ill Gaming Compact entered into
between the Yankton Sioux Tribe and the State of South Dakota, and the Yankton Sioux
Tribe Gaming Ordinance.


CHAPTER 1. TITLE, AUTHORITY AND PURPOSES

Section 1. Title.
This Ordinance shall be known as “The Yankton Sioux Tribe Gaming Ordinance.”

Section 2. Authority. ;

A. Inherent Authority. The Yankton Sioux Tribe is a sovereign Indian tribe, whose
authority pre-dates the United States of America. The Yankton Sioux Tribe has a long history
of sanctioning gaming within its territory. Prior to treaty-making with the United States, the
Yankton Sioux engaged in a variety of traditional classes of gaming, including inter alia
horse-racing.

B. Treaty Recognition. In the Treaty with the Yankton Sioux Tribe, 1858, 11 Stat.
743, and the Treaty of Fort Laramie with the Sioux Nation, 1851, 11 Stat. 749, the Yankton
Sioux Tribe retained its original, inherent right to self-government and corresponding tribal
jurisdiction over activities within Yankton Sioux territory, including gaming. The United States
recognized the sovereignty of the Yankton Sioux Tribe by entering into those treaties.

Cc. Constitutional Authority. The General Council of the Yankton Sioux Tribe, is
vested by and through the Constitution of the Yankton Sioux Tribe, with the original, inherent
and treaty recognized authority of the Tribe to enact ordinances, to provide for the welfare of
the Tribe, to maintain law and order, and to establish justice. The General Council hereby
enacts this Yankton Sioux Tribe Gaming Ordinance to set the terms for the conduct of class II
and class III gaming on the Yankton Sioux Tribe's territory.

D. Compliance With the Federal Indian Gaming Regulatory Act.
In accordance with the Indian Gaming Regulatory Act and National Indian Gaming
Commission Regulations, the Yankton Sioux Tribe Gaming Ordinance sets forth the subjects
required by the Indian Gaming Regulatory Act in the form of the NIGC Model Tribal Gaming
Ordinance. The Tribe supplements the NIGC Model Tribal Gaming Ordinance by
establishing the Yankton Sioux Tribal Gaming Commission for licensing of gaming
operations, gaming management, employees, and vendors. Regulation of gaming
operations, enforcement of gaming laws and regulations, and by vesting the Tribal Gaming
Commission with responsibility for the required background investigations.

Section 3. Legislative Purposes.
The purposes of the Yankton Sioux Tribe Gaming Ordinance are as follows:

A. To provide a statutory basis for the conduct of class {I and class Ill gaming on
tribal lands in a manner that is equitable, honest, and in accordance with applicable law;

B. To protect the Tribe and the gaming public from any form of dishonesty in the
conduct of class II and class III gaming on the Yankton Sioux Tribe's Indian Lands;

C. To ensure that the tribe and its members are the primary beneficiaries of any
gaming activities; and

D. To establish an independent Tribal Gaming Commission to ensure that the
foregoing purposes are accomplished.


CHAPTER 8. MEETINGS OF THE TRIBAL GAMING COMMISSION

The Tribal Gaming Commission shall meet in regular meetings to conduct the ordinary
business of the Tribal Gaming Commission. The Tribal Gaming Commission shail meet in
special meetings as necessary to resolve urgent matters or to conclude unfinished business
from regular meetings.

Section1. Regular Meetings.

Regular meetings of the Tribal Gaming Commission shail be held once per month and said
meetings shall convene on the first Monday of each month, unless the Tribal Gaming
Commission sets a different date at its prior meeting.

Section 2. Special Meetings.

Special Meetings shall convene at the call of the Chairman or any three Tribal Gaming
Commission members upon no less than 3 days written notice to all Tribal Gaming
Commission members, specifying the time and place of, and subjects to be considered at the
meeting.

Section 3. Quorum; Voting; Meeting Procedure; and Records.

A. Quorum. The quorum of the Tribal Gaming Commission shall be 3
members at any regular or special meeting.

B. Voting. Each member of the Tribal Gaming Commission shall be entitled
to one vote. Tribal Gaming Commission regulatory and business matters shall be decided by
a majority vote unless otherwise required by tribal law.

D. Verbatim Records of Proceedings. The Tribal Gaming Commission shall
maintain verbatim records of all Tribal Gaming Commission meetings, hearings, and
proceedings.

E. Records of Finances. The Tribal Gaming Commission shall maintain
complete and accurate records of Commission finances in accordance with standard
accounting principles and in consultation with an independent certified public accountant.

14


CHAPTER 4. MANDATORY AUDITS

Section 1. Audit of Gaming Operations.

The Yankton Sioux Tribe Gaming Commission, as established in Chapter 6 below, shall
require annual audits of gaming operations to be conducted by an independent certified
public accountant, and the Tribal Gaming Commission shail submit the resulting audit reports
to both the Yankton Sioux Tribe and the National Indian Gaming Commission.

Section 2. Contracts Over $25,000.

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 in the scope of the audit that is described above in
section 1 above.


Section 3.
A.

information:

Background Investigations.

Information Required. The Tribal Gaming Commission shall require each
primary management official and each key employee to furnish all of the following

(1)

(2)

(3)

(4)
(6)

(6)

”)

(8)

(9)

(10)

(11)

(12)
(13)

Full name, other names used (oral or written), social security number(s),
birth date, place of birth, citizenship, gender, all languages (spoken or
written);

Currently and for the previous 5 years: business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and driver license numbers;

The names and current addresses of at least three personal references,
including one personal reference who was acquainted with the applicant
during each period of residence listed under paragraph 2 of this section;

Current business and residence telephone numbers;

A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;

A description of any existing and previous business relationships with
Indian tribes, including ownership interests in those businesses;

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;

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;

For each misdemeanor conviction or an 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;

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
1(h) or 1(i) of this subsection, the criminal charge, the name and the
address of the court involved and the date and disposition;

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;

A current photograph;

Any other information the Tribal Gaming Commission deems relevant;
and

20


ona 'No,

aS
s y
S S
y,

%, oe

MAR 24 2008 Me Conan’

Arthur Standing Cloud, Chairman

Yankton Sioux Tribal Gaming Commission
P.O. Box 248

Marty, SD 57361

RE: Gaming Ordinance Amendment adopted October 31, 2007

Dear Mr. Standing Cloud:

This letter responds to your request on behalf of the Yankton Sioux Tribe for the National
Indian Gaming Commission (NIGC) to review and approve the amendment to the Tribe's
gaming ordinance adopted by the Yankton Sioux Tribal Council on October 31, 2007.
The proposed amendment reassigns responsibility for background investigations and
fingerprinting to the gaming commission from the tribal police; sets a fixed date for
Tribal Gaming Commission elections; clarifies that terms for gaming commissioners end
five years from the date of the elections; and codifies the commission's authority to
license vendors.

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA), 25
U.S.C. § 2701 et seq., of this amendment to the Tribe’s gaming ordinance.

Philip N. Hogen
Chairman

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

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


Commission finances, including revenues, receipts, checks and
expenditures;

(2) to ensure, in consultation with an independent certified public
accountant, that proper records are maintained of all Commission
finances, including revenues, receipts checks and expenditures;

(3) to periodically report to the Commission on Commission finances, and

(4) to consult with the Chairman in the preparation of the proposed annual
budget for the Commission.

Section 3. Terms of Office.

A. in General. Each member of the Tribal Gaming Commission shall hold
Office for a term of 5 years, with the term beginning on July 1 of the year of the election and
ending on June 30 of the fifth year, except as provided in sub-paragraph B below.

B. Initial Appointments. The initial members of the Tribal Gaming
Commission shall be those Commission members elected prior to the effective date of this
Ordinance, who shall serve until the expiration of their original terms as set forth in the
Ordinance of March 1, 1990.

Thereafter, to stagger the terms of the members of the Gaming Commission and
provide a means to ensure institutional experience, the initial General Council election for the
Commission under the terms of this Ordinance shall be made as follows:

(1) The Chairperson shall be elected for a term of five years;
(2) The Vice-Chairperson shall be elected for a term of four years;

(3) | One member, who having received the third highest number of votes,
shall be elected for three years;

(4) | One member, who having received the fourth highest number of votes,
shall be elected for two years; and

(5) | One member, who having received the fourth highest number of votes,
shall be elected for one year.

Cc. Commission Member Elections.

(1) 90 days prior to the expiration of a Commission member's term the
Business and Claims Committee shall publish a “Gaming Commission
Vacancy” notice in the Sioux Messenger, local newspaper, and Tribal
entities. Included in the notice shall be a closing date for the prospective
Gaming Commission member to have a background check completed,
background checks returned after the posted closing date will not be
eligible for the meeting referred to in subsection C(2) of this section.

(2) 30 days prior to the expiration of a Commission member's term, the
Business and Claims Committee shall call a meeting of the General
Council to elect a person to serve as Commission member for the next
term.


CHAPTER 6. THE YANKTON SIOUX TRIBE GAMING
COMMISSION

Section 1. Tribal Gaming Commission Established.

The Yankton Sioux Tribe Gaming Commission (hereafter Tribal Gaming Commission) is
hereby established as an independent agency of tribal government to regulate Class Il and
Class Ili Gaming, see 25 U.S.C. § 2701 et seq., throughout the territory of the Yankton Sioux
Tribe.

Section 2. Tribal Gaming Commission Membership; Chairman,
Vice-Chairman; Treasurer; and Secretary.
A. Tribal Gaming Commission Membership. The Tribal Gaming Commission

shail be composed of five members elected by the General Council, as set forth in Section 3
below.

B. Commission Chairman. |The Commissioner who receives the highest number
of votes shall serve as the Chairman of the Tribal Gaming Commission. Subject to the
oversight of the Commission, the Commission Chairman shall be vested with the following
powers and duties:

(1) _ to preside at all Commission meetings and hearings;
(2) to call special meetings of the Commission as necessary;

(3) to cause Commission process, subpoenas, orders and
other papers to be served on interested parties in
accordance with tribal law;

(4) _ to access books and records of the Commission;

(8) to cause reports to be made to the Business and Ciaims
Committee, the General Council, and the National
Indian Gaming Commission as may be required by law
or otherwise deemed necessary;

(6) _ to prepare a proposed annual budget for submission to
the commission; and

(7) to carry out such other powers as may be delegated by
the Commission.

Cc. Commission Vice-Chairman. The Commissioner who receives the second
highest number of votes shall serve as Vice-Chairman of the Tribal Gaming Commission. In
the absence of the Chairman, the Vice-Chairman shall serve as Chairman.

D. Commission Treasurer. The Commission shall select from among its
membership a Treasurer. Subject to the oversight of the Commission, the Treasurer shall be
vested with the following powers and duties:

(1) to ensure, in consultation with an independent certified public
accountant, that a system of internal financial controls is in place for


CHAPTER 13. PROHIBITIONS AND PENALTIES

Section 1. Prohibition on Unauthorized Gaming.
Any Class II and Class IIl Gaming not in accordance with this ordinance or any other tribal or
federal gaming law is strictly prohibited.

Section 2. Prohibition on Gaming by Minors.

Gaming by any person under the age of twenty one is prohibited to participate in any gaming
activity, except that persons eighteen years of age or older may play bingo and purchase
taffle or lottery tickets.

Section 3. | Prohibition of Gaming by Intoxicated Persons.
It is prohibited for any person who is visibly intoxicated to participate in any gaming activity.

Section 4. _ Prohibition on Cheating.

It is prohibited for any person to conduct or knowingly participate in any gaming or gaming
related activity which results in cheating, misrepresentation, or other unfair practice which
results in cheating, misrepresentation, or other unfair practice which detracts from the
opportunity of all players to have a fair and equal chance to win, or which otherwise removes
the outcome of the game from the realm of chance.

Section 5. Mandatory Compliance with Federal and Tribal Revenue Laws.

It is prohibited for any operator to fail to comply with all applicable federal and tribal revenue
laws.

Section 6. No Credit Extended.

Gaming shall be conducted on a cash basis only. Except as herein provided, no person shall
be extended credit for gaming by any gaming facility operated within the territory of the Tribe,
and no operation shall permit any person or organization to offer such credit for a fee. This
restriction shall not apply to credits won by players who activate play on gaming machines
after inserting coins or currency into the game, and shall not restrict the right of the Tribe or
any other person to offer check cashing or accept bank card or credit transactions.

Section 7. Standards for Class II! Gaming Devices.

No class II! gaming device shall be operated within the territory of the Tribe, unless it meets
or exceeds requirements for hardware and software established by state law.

Section 8. Penalties for Violations; Forfeiture of Property.

In addition to any civil or criminal penalty, the Tribal Gaming Commission may impose a civil
fine of up to $5,000 per day for any violation of this Ordinance, regulations thereunder, or any
order of the Commission. Property used in violation of this Ordinance, regulations
promulgated thereunder, or any order of the Commission is subject to immediate seizure and
forfeiture in accordance with tribal law.

27


Section 3. _ Licenses subject to Restriction, Revocation, or Termination.

Every gaming license issued by the Tribal Gaming Commission remain subject to
suspension, restriction, revocation, and/or termination for failure to meet the requirements of
this Ordinance and any regulations promulgated hereunder, the Indian Gaming Regulatory
Act and the regulations promulgated thereunder, or other good cause shown in accordance
with the procedures set forth in this Ordinance.

Section 4. Class Ill Gaming Standard.

No person or entity shall be granted a license to manage or work in any class Ill gaming
facility, unless that person or entity meets or exceeds the qualifications and the requirements
for obtaining a comparable gaming license from the State of South Dakota.

26


CHAPTER 3. OWNERSHIP OF GAMING; USE OF GAMING
REVENUE; PER CAPITA PAYMENTS

Section 1. Ownership of Gaming.

The Tribe, or its wholly owned tribal corporation, shall have the sole proprietary interest in
and responsibility for the conduct of any gaming operation that is authorized by this
ordinance.

Section 2. Use of Gaming Revenue.
Net revenues from class !I and class Ill gaming shall be used only for the following purposes:

A. to fund tribal government operations and 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.

Section 3. Per Capita Payments Permissible Only in Accordance
With Plan Authorized by the Secretary of Interior.

If the Tribe elects to make per capita payments to tribal members, it shall authorize such
payments only upon approval of a tribal plan submitted to the Secretary of the Interior under
25 U.S.C. § 2710 (b)(3).


CHAPTER 10. CONFLICTS OF INTEREST

All Tribal Gaming Commission members shall avoid conflicts of interest generally. No Tribal
Gaming Commission member, attorney, or employee, or immediate family member thereof,
shall have a financial interest (other than a generalized interest shared by all members of the

Tribe as tribal members) in a gaming operation or a business which contracts with or
provides services to a gaming operation.

17


(2) Results obtained;
(3) Conclusions reached; and
(4) The basis for those conclusions.

B. The Tribal Gaming Commission shall submit, with the report, a copy of the
eligibility determination made under section 4 of this chapter.

Cc. If a license is not issued to an applicant, the Tribal 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.

D. With respect to key employees and primary management officials, the Tribe
shall retain applications for a gaming license 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.

Section7. Granting a Gaming License.

A. If, within a thirty (30) day period after the National Indian Gaming Commission
receives a report, the National Indian Gaming Commission notifies the Tribe 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 Tribal Gaming Commission has
provided an application and investigative report to the National Indian Gaming Commission,
the Tribal Gaming Commission may issue a license to such applicant.

B. The Tribal Gaming Commission shall respond to a request for additional
information from the Chairman of the National Indian Gaming Commission concerning a key
employee or primary management official who is the subject of a report. Such a request shall
suspend the thirty (30) day period under paragraph A of this section until the Chairman of the
National Indian Gaming Commission receives the additional information.

c. Hf, within the thirty (30) day period described above, the National Indian Gaming
Commission provides the Tribal Gaming Commission with a statement itemizing objections to
the issuance of a license to a key employee or primary management official for whom the
Tribal Gaming Commission has provided an application and investigative report to the
National Indian Gaming Commission, the Tribal Gaming Commission shall reconsider the
application, taking into account objections itemized by the National Indian Gaming
Commission. The Tribal Gaming Commission shall make the final decision whether to issue
a license to such applicant.

Section 8. | License Suspension.

A. If, after the issuance of a gaming license, the Tribal Gaming Commission
teceives from the National Indian Gaming Commission reliable information indicating that a
key employee or a primary management official is not eligible for employment under section 4
above, the Tribal Gaming Commission shall suspend such license and shall notify in writing
the licensee of the suspension and proposed revocation.

23


CHAPTER 7. POWERS OF THE TRIBAL GAMING COMMISSION

Section 1. Regulations 12
Section 2. Background Investigations 12
Section 3. Licensing Gaming Operators, Primary Management
Officials and All Employees of Gaming Operations 12
Section 4. Licensing Gaming Facilities 12
Section 5. Monitoring Compliance and Accountability 12
Section 6. Enforcement 12
Section 7. Cooperation with Law Enforcement Agencies 13
Section 8. Reports 13
Section 9. Budget, Expenses and Accounting 13
Section 10. Personnel 13
Section 11. Necessary and Proper 13
CHAPTER 8. MEETINGS OF THE TRIBAL GAMING COMMISSION
Section 1. Regular Meetings 14
Section 2. Special Meetings 14
Section 3. Quorum; Voting; Meeting Procedure; and Records 14
CHAPTER 9. HEARINGS BEFORE THE TRIBAL GAMING
COMMISSION
Section 1. Notice 15
Section 2. Temporary Restraining Orders and
Show Cause Orders 15
Section 3. Subpoenas 15
Section 4. Procedure 15
Section 5. Evidence 16
Section 6. Commission Orders 16
Section 7. Appeal 16
CHAPTER 10. CONFLICTS OF INTEREST 17
CHAPTER 11. LICENSES FOR KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS
Section 1. Definitions 18
Section 2. Application Forms 19
Section 3. Background Investigations 20

Section 4. Eligibility Determination 22


(2)
(3)
(4)
(5)

Malfeasance or misfeasance in the performance of official duties;
Neglect of duty;
Conviction of a felony or a gaming related offense;

Failure to comply with federal or tribal gaming laws and regulations,
including failure to comply with the requirements for members of the
Tribal Gaming Commission, set for the in section 4 above.

c. Procedure for Removal for Cause by General Council. When the Yankton Sioux
Tribe receives evidence that good cause exists to remove a Tribal Gaming Commission

member from office prior to the expiration of his or her term, the following procedure shall be

followed:
(1)
(2)
(3)
D Pro

Probable Cause Determination by Business and Claims Committee; Call
for General Council Meeting; Notice to Commissioner. The Tribe's
Business and Claims Committee shall review the evidence, and if the
Business and Claims Committee determines said evidence shows the
existence of probable cause for removal, shail call a General Council
Meeting to conduct a hearing to consider removal of the member from
the Tribal Gaming Commission. The Business and Claims Committee
shall provide said Tribal Gaming Commission member with no less than
15 days written notice of the hearing before the General Council and the
allegations against him or her.

Removal Hearing before the General Council; Rights of Commission
Member. The General Council shall conduct the hearing on removal,

which provides said member with a right to hear all evidence that good
cause exists for removal, a right to answer that evidence and a right to
present evidence in his or her own behalf, including testimony, affidavits,
documents and other competent materials.

General Council Determination. The General Council shall make a
determination whether good cause exists for removal after the close of
evidence:

(a) If the General Council determines by majority vote that a
preponderance of evidence proves that good cause exists to
remove said Gaming Commission member from office, he or she
shall be and is thereby removed from office.

(b) If the General Council determines that no good cause exists to
remove said Gaming Commission member from office, he or she
shall continue in office and the hearing shall be at an end.

lure for Removal by Tribal Gaming Commission for Unexcused Absen

from. Gaming Commission Meetings. | The Tribal Gaming Commission may after 3 or more
consecutive unexcused absences from regularly scheduled Commission meetings by any

member:

(1)

Scheduling of Hearing; Notice to Commission member.

10


CHAPTER 7. POWERS OF THE TRIBAL GAMING COMMISSION

The Tribal Gaming Commission shall have the following powers in addition to any powers
specified elsewhere in this Ordinance:

Section1. Regulations.

To promulgate regulations necessary to carry out the Tribal Gaming Commission’s duties and
responsibilities to regulate class |I and class Ill gaming under this Ordinance, after providing
a notice and comment period of thirty days for the general public.

Section 2. Background Investigations.

To cause the agency designated by the Yankton Sioux Gaming Commission to conduct
background investigations of management officials and employees of gaming operations.

Section 3. Licensing Gaming Operation Vendors. Gaming Operators, Primary
Management Officials and all Employees of Gaming Operations.

To license gaming operation vendors, gaming operators, primary management officials and
employees of gaming operations.

Section 4. _ Licensing Gaming Facilities.

To license, each facility, place or location on the Indian lands of the Tribe where gaming is to
be conducted.

Section 5. | Monitoring Compliance and Accountability.

To monitor compliance with this Ordinance and regulations promulgated thereunder, the
Class Ill Compact between the Tribe and the State of South Dakota, and the Indian Gaming
Regulatory Act, 25 U.S.C. § 2701 et seq., to ensure that all gaming is conducted fairly and
honestly by both the operator and players, and to ensure that all gaming funds, proceeds,
and revenues are properly accounted for, through inspections of records, procedures, and
premises, reviews of security and surveillance systems, accounting reviews, audits and
investigations.

Section6. Enforcement.

To enforce this Ordinance and regulations promulgated thereunder, the Class IIl Compact
between the Tribe and the State of South Dakota, and the Indian Gaming Regulatory Act, 25
U.S.C. § 2701 et seq., by issuing or denying licenses, conducting administrative review
hearings, and after holding hearings, by issuing compliance orders, issuing license
restrictions, suspensions, revocations, and terminations, imposing fines, and in the case of a
licensee's failure to comply with Gaming Commission orders, to seek injunctive relief in tribal
court.

12


CHAPTER 1:

Section 1.
Section 2.
Section 3.

CHAPTER 2:
Section 1.
Section 2.

CHAPTER 3:

Section 1.
Section 2.
Section 3.

CHAPTER 4.
Section 1.
Section 2.

CHAPTER 5.

CHAPTER 6.

Section 1.
Section 2.

Section 3.
Section 4.
Section 5.
Section 6.

Section 7.

TABLE OF CONTENTS

TITLE, AUTHORITY AND PURPOSES
Title

Authority

Legislative Purposes

GAMING AUTHORIZED
Class II Gaming
Class Ili Gaming

OWNERSHIP OF GAMING; USE OF GAMING
REVENUE; PER CAPITA PAYMENTS
Ownership of Gaming

Use of Gaming Revenue

Per Capita Payments Permissible Only in
Accordance with Plan Authorized by the
Secretary of Interior

MANDATORY AUDITS
Audit of Gaming Operations
Contracts Over $25,000

PROTECTION OF THE ENVIRONMENT AND
PUBLIC HEALTH AND SAFETY

THE YANKTON SIOUX TRIBE GAMING
COMMISSION

Tribal Gaming Commission Established

Tribal Gaming Commission Membership;
Chairman; Vice-Chairman; Treasurer; and
Secretary

Terms of Office

Requirements of Members

Additional Factors to be Considered
Commission Member Background Investigations,
Eligibility Determinations, and Election to the
Tribal Gaming Commission

Removal of Members; Good Cause; Unexcused
Absence, Vacancies

wDnonda


(14) _ Fingerprints.

Upon receipt of the information required of each key employee and primary management
official applicant, the Tribal Gaming Commission shall forward a certified copy of each
applicant's information to the agency designated by the Tribal Gaming Commission.

B. Investigation. | The agency designated by the Tribal Gaming Commission shall
conduct a background investigation sufficient to make a determination under section 4 below,
and to comply with the terms of the Class III Tribal-State Gaming Compact entered into by
the Tribe and the State of South Dakota, where applicable.

In conducting such investigations, the agency designated by the Tribal Gaming Commission
shall perform the following functions:

(1) Eingerprinting. In accord with standard law enforcement
procedures, the Tribal Gaming Commission shail fingerprint any and all
applicants for key employee and primary management official positions
after verifying the identity of each applicant by a review of at least two
forms of picture identification issued by the federal, state or tribal
government.

(2) Verifying Applicant Information. The agency designated by the Tribal
Gaming Commission shall verify the required information provided by
applicants by written or oral communication with former employers and
business associates, neighbors, personal references, and as appropriate
government regulatory agencies and courts.

(3) Inquiring Into Past Activities and Character. The agency designated
by the Tribal Gaming Commission shall conduct inquiries regarding each
applicant's criminal records, past business and personal activities,
reputation, and character, through:

(a) __ the review of required information;

(b) standard law enforcement search of National Crime Information
Center (NCIC) data;

(c) personal and telephonic interviews of prior employers for at least
ten years, prior business associates, neighbors, personal
references; and

(d) as appropriate, review of records held by government agency
records and court records.

(4) Documenting Potential Problem Areas and Disqualifying Information.
The agency designated by the Tribal Gaming Commission shall

document potential problem areas and disqualifying information revealed
by the background investigation.

(5) Issuing Background Investigation Reports to Tribal Gaming Commission.
In concluding every background investigation the agency designated by

the Tribal Gaming Commission shall issue an investigative report to the
Tribal Gaming Commission, including the following:

21


N.I.G.C.
pec 21 2007
Region IV, Rapid City SD

YANKTON SIOUX TRIBE
GAMING ORDINANCE

Enacted this 31st day of October 2007

Introductory Note:

The Yankton Sioux Tribe Gaming Ordinance Complies with the Indian Gaming
Regulatory Act, 25 U.S.C. § 2701 et seq., and the National Indian Gaming
Commission (NIGC) Regulations by Adoption of Standard Provisions of the NIGC
Model Tribal Gaming Ordinance: Establishment of Tribal Gaming Commission for
Gaming Licensing, Regulation, Enforcement; and Background Investigations.


CHAPTER 15. PRIOR GAMING LAWS REPEALED

Upon approval of this Ordinance by the Chairman of the National Indian Gaming
Commission, all prior tribal gaming ordinances and regulations shall be and are immediately
repealed.

29


B. lf, after the issuance of a gaming license, the Tribal Gaming Commission
receives from another reliable source reliable information indicating that a key employee or a
primary management official is not eligible for employment under section 4 above, the Tribal
Gaming Commission may suspend such license and shall notify in writing the licensee of the
suspension and proposed revocation.

Cc. The Tribal Gaming Commission shall notify the licensee of a time and a place
for a hearing on the proposed revocation of a licensee and shall conduct the hearing
accordingly.

D. After a revocation hearing, the Tribal Gaming Commission shall decide to
revoke or to reinstate a gaming license. The Tribal Gaming Commission shall notify the
National Indian Gaming Commission of its decision.

24


(3) General Council meeting rules for Gaming Commission election:

(a) _ Each candidate will be allowed 10 minutes to address the General
Council regarding their qualifications for serving as a Gaming
Commissioner.

(b) Votes shall be cast by secret ballot, with the polls to remain open
for an hour after the candidates are through addressing General
Council.

(c) Votes shall be counted by the Election board, and the results
announced to the General Council. {f the election board is not
available the General Council may appoint individuals to count
and post the results.

(d) The person receiving the highest number of votes shall be
declared the winner, in the case of a tie a runoff election will be
held between the two individuals.

(e) | The General Council by motion shall accept the results of the
election.

(fy Meeting adjourned.

D. Limitation. There shall be no limitation on the number of terms which any
member may serve.

Section 4. Requirements of Members.
No member of the Tribal Gaming Commission may:
A. be actively engaged in or have any direct financial interest in gaming activities.

B. have any financial interest (other than a general financial interest shared by all
members of the Tribe as tribal members) in any business or organization that does business
with a gaming operation of the Yankton Sioux Tribe;

Cc. have been convicted of any felony or gaming offense;

D. have any financial interest in, or management responsibility for, any gaming
related contract or any other contract to supply goods or services to a gaming operation of
the Yankton Sioux Tribe; or

E. be less than twenty five years of age.
Section 5. Additional Factors to be Considered.
As far as possible, the Yankton Sioux Tribe shall seek to ensure that:

A. at least one member of the Tribal Gaming Commission has a background in
financial accounting, record keeping, and finance; and

B. at least one member of the Tribal Gaming Commission has a background in law
enforcement, with experience in the field of investigation or regulatory enforcement.


Schedule a hearing and provide said member with no less than 15 days
notice of the hearing and the allegations against him or her.

(2) Removal Hearing before Tribal Gaming Commission; Rights of
Commission Member. Conduct a hearing, which provides said

member with a right to hear all evidence that shows that he or she was
absent without excuse from 3 or more consecutive Tribal Gaming
Commission meetings, a right to answer said evidence, and a right to
present evidence in his or her own behalf including excuses for said
absences.

(3) Tribal Gaming Commission Determination. Determine whether said
member was absent without excuse for 3 or more consecutive Tribal
Gaming Commission meetings after the close of the evidence:

(a) __ If the Tribal Gaming Commission determines by majority vote that
a preponderance of evidence proves that said member was
absent without excuse for 3 or more consecutive Tribal Gaming
Commission meetings, he or she is thereby immediately removed
from office.

(b) If the Tribal Gaming Commission determines that said member
was not absent without excuse for 3 or more consecutive Tribal
Gaming Commission meetings, he or she shall continue in office
and the hearing shall be at an end.

E. Filling Vacancies. When a Tribal Gaming Commission member vacates or is
temoved from his or her office before the expiration of the term of office, the Business and
Claims Committee shall schedule a General Council meeting within 60 days to fill the
vacancy. The General Council shall elect a qualified individual for the remainder of that term
of office in accordance with the procedure and the requirements for regular elections to the
Tribal Gaming Commission.

11