Stephen D. McGiffert 

Payne & Jones 

PO Box 25625 

Overland Park, KS 66225-5625 

TLRe: Iowa Tribe of Kansas angFNebraska Ordinance Amendment 

Dear Mr. McGiffert: 

/ 

This letter is in response to your request to review and approve the amendment to the 

tribal gaming ordinance of the Iowa Tribe of Kansas and Nebraska (Tribe): The amendment 

to the ordinance was adopted by the Tribe by Resolution No. 97-R-06 on May 28, 1997. 

Under the IGRA and the regulations of the National Indian Gaming Commission 

(NIGC), the NIGC Chairman is directed to review amendments to ordinances with respect to 

the requirements of the IGRA and the implementing regulations. Pursuant to the authority 

delegated to me in Part 11, Chapter 1,. Section 2 of the NIGC Policies and Procedures Manual 

(1997) ', this letter constitutes such approval. \' 

Thank you for submitting the amendment to the tribal gaming ordinance of the Iowa 

Tribe of Kansas and Nebraska. The NIGC staff and I look forward to working with you and 

'the Tribe in the implementation of the IGRA. 

Sincerely yours, 

Tom Foley 

Vice Chairman 

cc: Leon Campbell, Chairman 

Iowa Tribe of Kansas and Nebraska 

Route 1, Box 58A 

White Cloud, KS 66094-9624 
RESOLUTION 97-R-06 

IOW TRIBE OF KANSAS AND NEBRASKA 

EXECUTIW COMMITTEE 

MAY 28, 1997 

WHEREAS, The Iowa Ehocutive Committee being duly organized, met in 

Regular Session this 28th day of May, 1997; and, 

WHEREAS, The Iowa Executive Connuittee has authority to act for the 

Iowa Tribe under the present Constitutional authority as 

provided in Sec. 2, Article IV - Governing Bodies; and, 

WHEREAS, The IowaTrilw of Kansas andblebraskabeing organized and 

1' empowered by their Constitution and Bylaws (approved 

November 6, 1978); and, 

WHEREAS, The Executive Committee has, by Resolution 95-R-29, 

promulgated and enacted a Claas I I and Class I11 Gaming 

Ordinance, and further within said Ordinance did 

establish the guidelines, procedures and eligibility 

requirements for Claas I1 andclass 111 gnmingpersonnel; 

1 

WHEREAS, The Iowa Executive Committee desires to amend and modify 

Resolution 95-R-29 as hereinafter set forth; and, 

NOW THEREFORE Bg IT RESOLVED, that Section VfI of the Iowa Tribe of 

Kansas and Nebraska Class I1 and Class 111 Gaming 

Ordinance be deleted in its entirety and be replaced by 

the following: 

VII. Establishment of Tribal Gamina Commission 

A. Establishment. There is hereby established an Iowa 

Tribe of Kansas and Nebraska Tribal Gaming Commission 

(hereafter "Tribal Gaming Commission"). 

B. Powers and Duties. Subject to the terms, conditions 

and provisions of (1) the crass If I Gaming Compact made and 

entered into by and between the Tribe and the State of Kansas 

and (2) the Management, Construction and Finance Agreement 

made and entered into by and between the Tribe and Indian 

Gaming Company of Kansas , L . L . C . , the Tribal Gaming Commission 

shall have the following powers and duties: 

1. To grant, suspend or revoke licenaes in 

accordance with this Gaming Ordinance and the 

Tribal/State Compact; 

2. To monitor and oversee the operation and 

conduct of all Gaming Activity within the 
exterior boundaries of the Tribe e Resmation 

on a continuing basis, including but not 

limited to ongoing monitoring and oversight of 

licensees engaged in the operation and conduct 

of such games; 

3. To inspect and ex- all premises within the 

Tribe ' s Rseervation at which a gaming activity 

is conducted; 

4. To conduct or cause to be conducted background 

investigations of persons involved, dkectly or 

indirectly, in the operation or conduct of 

gaming activities within the Tribe's 

Resel~ation; 

To inspect, examine, photocopy and audit all 

papers, books and recorda respecting gross 

receipts of gaming activities operated or 

conductedwithin theTribefs Reservation and 

any other matters necessary to carry out the 

duties of the Tribal Gaming Commission under 

the Gaming Ordinance and the ~ribal/State 

Compact ; 

6. To bring auits in the Tribal Court seeking 

tenporary and pemanent orders closing a gaming 

activity in accordance with this Gaming 

Ordinance and the Tribal/State Compact; 

To enter into contractawithtribal, federal, 

state and private entities for activities 

necessary to the dischaxge of the duties of the 

Tribal Gaming Commission under this Gaming 

Ordinanceand the ~ribal/~tateCompactandto 

cooperate with the National Indian Gaming 

Commission for the enforcement of federal 

regulations governing gaming on Indian 

reservations : 

8. Subject to the approval of the Tribef a 

Executive Committee, to adopt the budget of the 

Tribal Gaming Commission annually; 

9. Subject to the approval of the Tribe's 

Executive Committee, to establish fees for 

applications for licenses and renewals thereof 

and fees for licensees of gaming activities 

operated or conducted by such licensees; 
10. To require by subpoena the attendance and 

testimonyofwitneases and theproduction of 

all books, papers and documents relating to 

any matter under conaideration or 

investigation by the Tribal Gaming Commission 

and to bring actions in the Tribal Court for 

the enforcement of such subpoenas; 

11. To administer oaths and affirmations to 

witnesses appearing before the Tribal Gaming 

Coaxmission; 

12 . To hear appeals in accordance with this Gaming 

Ordinance and/or any management contract for 

the Gaming Facility entered into by the Tribe; 

13. To keep minutes, records and books in which 

shall be kept a true, faithful and correct 

record of all proceedings of the Tribal Gaming 

Codssion ; 

14. Subject to the approval of the budget by the 

Tribe s Executive Committee, to hire and/or 

designate an ExecutiveDirector and such other 

enployees aa may be neceaaaxy to discharge the 

Tribal Gaming Conmission s duties under this 

Gaming Ordinance and the ~ribal/~tate Compact; 

15. To promulgate rules and regulations as it deaua 

appropriate to implanaant the provisions of the 

Gaming Ordinance and the ~ribal/State Compact; 

16. To recommend amendments to this Gdng 

Ordinance to the Tribe's Executive Committee; 

17. To submit quarterly and annual reports to the 

Tribe s Executive Conunittee on the activities 

of the Tribal Gaming Commission, such report 

to include inf onnation on the funding, income 

andexpenses of the Tribal Gaming Commission; 

and 

18. To authorize the Tribal Police Force or 

Security to detain persons who maff be involved 

-. .- 

in illegal acts for the purpose of notify=ng 

-. . . appropriate law enforcement authorities. 

C. Composition: Staggered Terms. The Tribal Gaming 

Cornmisaion shall consist of three (5) Tribal Gaming 

Commissioners appointed by the Tribe's Executive ~on&ittee. 

Each Tribal Gaming Commissioner shall serve for a term of 

three (3) years: provided that, in order to stagger the 
expiration of terma of office, the first Tribal Gaming 

Commissioner appointed shall serve a threm (3) year term, 

the second Tribal Gaming Commissioner appointed shall seme 

a two (2) year tezm, and the third Tribal Gaming Commissioner 

appointed shall serve a one (1) year term. A Tribal Gaming 

Commissioner may serve after the expiration of his or her 

term of office until a successor haa been appointed, unless 

such Tribal Gaming Commissioner has been removed for cause 

under Subsection E of thin Section. 

D. Qualification of Tribal Gaminq Commissioners. All 

Gaming Commissioners must be an enrolled member of the ~rs 

No person shall be eligible or qualified to serve or continue 

to serve as a Tribal Gaming Commissioner or as an appointee 

or employee of the Tribal Gaming Conmission, who: 

1. Has been convicted of a felony or gaming offense; 

2. Has any financial interest in, or management 

responsibility for, any gaming activity; 

3. Has any financial interest in, or management 

responsibility for, any gaming management 

contract submitted to the Tribal Gaming 

Codasion for review or approval; and/or 

4. Is a Gaming Employee or other employee of a 

Gaming Facility Operator. 

E. Removal of Tribal Gaming Commissioners. A Tribal 

Gaming Commissioner maybe involuntarilyremovedfrornoffice 

before the expiration of his or her term in accordance with 

the following procedures: 

1. Removal of a Tribal Gaming Commissioner may be 

initiated by a member or memhers of the Tribe's 

ExecutiveCommitteeproviding the Secretary of 

the Tribe1 s Executive Committee with a written 

request specifying the cause for removal, signed 

by not less than two (2) of the members of the 

Tribe's Executive Committee; 

2. The cause for removal shall be limited to: (1) 

conviction in any court of a felony or crime 

involving moral turpitude; (2) failure to meet or 

maintain the qualifications for Tribal Gaming 

Commissioners set forth in Subsection D of this 

Section; (3) gross neglect of duty; (4) 

malfeasance in office; (5) conduct which amounts 

to grosa and intentional disregard of the laws 

and procedures applicable to the affairs of the 

Tribal Gaming Commission; 
(6) violation of the confidentiality provisions 

get forth in Subsection F of this section; or 

(7) violation of the conflicts of interest 

provisions net forth in Subsection G of thia 

section. 

3. Not less than five (5) nor more than thirty (30) 

days following receipt of the written request for 

removal, the Tribe's Executive Committee shall 

convene a special meeting for the sole purpose of 

voting on the removal of the Tribal Gaming 

Commissioner. Before any vote ia taken, the 

Tribal Gaming Commissioner ahall be given a full 

opportunity, either in peraon or through a 

representativeof his or her choice, to answer or 

otherwise respond to any and all charges againat 

him or her; and 

4. To remove a Tribal Gaming Commissioner from 

office, the affirmative vote of no leas than 

three (3) of the ~mmbera of the Tribe s Executive 

Committee is required. 

F. Confidentiality . Except as required by the Tribal 

State Compact among the Iowa Tribe of Kansas and Nebraska and 

the State of Kanaas or as authorized by the Executive 

Committee of the Iowa Tribe of Xansas and Nebraska or aa may 

be required by thia Class 111 Gaming Ordinance, each Tribal 

Gaming Commissioner shall hold all mattera and information 

related or diacloaed to him or her in his or her capacity as 

a Tribal Gaming Comntiasioner in STRICT CONFIDENCE. Except as 

authorized above, no Tribal Gaming Commissioner ahall divulge 

any infoxmation to third parties which comes before the Tribal 

Gaming Commission or is made available to a Tribal Gaming 

Commissioner by reason of his or her position on the Tribal 

Gaming Commission. 

G. Conflicts of Interest. Any Tribal Gaming 

Commissioner who may be personally interested in any matter 

before the Tribal Gaming Commission shall not vote on such 

matter without the consent of the remaining Codsaioners. 

Failure to reveal to the Tribal Gaming Conrmission a personal 

interest in amatterbefore thatbody, notaimilarlysharedby 

all members of the conmiasion, shall constitute dereliction of 

official duty, and may be cause for removal from office. 

H. Resignations and Vacancies. Any Tribal Gaming 

Commissioner may resign at any time by giving written notice 

of such to the Secretary of the Tribe's Executive Committee. 

The resignation shall become effective at the time specified 

in such notice, and the acceptance of such resignation shall 

not be necessary to make it effective. 

5 
Any vacancy on the Tribal Gaming Commission, howsoever caused, 

all be filled for the unerpired portion of the vacated Tribal 

Gaming Commissioner's termbyaqualifiedperson appointedby 

the Tribe's Executive Committee. 

I. Selection of Officers . The Tribal Gaming Commission 

shall annually - by - majority voke one (1) of its members to 

serve as Chairman, one (1) of its members to serve as Vice 

Chairman, and one (1) of its members to serve as Secretary. 

The Vice Chairman shall serve as Chairman during meetings of 

the Tribal Gaming Commission at which the Chairman is absent. 

J . Executive Director. Subject to the approval of the 

budget by &e Tribe's Executive Committee, the Tribal Gaming 

Commissionmayhire and/ordesignate anExecutiveDirector of 

the Tribal Gaming Commission who shall serve as the formal 

liaison to the person holding the similarly titled position 

with the State Gaming Agency and have overall reeponsibility 

for the administrative functions of the Tribal Gaming 

Commission. 

K. Motions and Resolutions: Meeting; Quorum. The 

powers of the Tribal Gaming Commission are vested in the 

Tribal Gaming omm mission era. All official actions of the 

Tribal Gaming Codssion shall be taken by motion or 

resolution approved by the affirmative vote of a majority 

of the Tribal Gaming Commission. The Tribal Commission 

shall meet at the call of the Chairman or a majority of the 

Tribal Gaming Commissioners. Two (2) members of the Tribal 

Gaming Conmission ahall comprise a quorum. 

L. Cooparation With Law Enforcement Aqencies. The 

Tribal ~dnq Codssion shall cooperate with law enforcement 

officials of-the State of Kansas, he National Indian Gaming 

Commission, the Bureau of Indian Affairs, the Federal Bureau 

of Investigation, and other law enforcement agencies, when 

such cooperation is in the best interests of the Tribe and 

will help to insure that fair, honest and efficient gaming 

activities are conductedwithinthe Tribe's Reservation. The 

Tribal Gaming Commission ahall notify the State GamingAgency 

within seventy-two (72)hours of the the a violation or 

suspected violation of the Gaming Ordinance or Tribal/State 

Compact is reported to the Tribal Gaming Commission. 

Tribal Gaming Commissioners shall be 

determined by the Tribe ' s Executive 

Committee and in accordance within the annual budget of the 

Tribal Gaming Commission. 
CERTIFICATION -----me------ 

The foregoing Resolution was adopted this date, May 28, 1997, in a 

Regular Session of the Executive Committee, at which S members of 

the Committee were present, constituting a quorum,by a vote of 

for, - o against. Chairman abstained. 

Iowa ~xecutive Connuittee 

ATTEST : 

'&4,q5L 

duia DeRoin, Secretary 

Iowa ~xecutive comraittee