Sac AND Fox NATION

920883 S Hwy. 99 Building A + Stroud, Okiahoma 74079 + (918) 968-1141 » FAX (918) 968-1142

RESOLUTION SF-11-19

SAC AND FOX NATION
FiLEpEMERGENCY SPECIAL BUSINESS COMMITTEE MEETING SCRE TARY

N THE DISTRICT couURSSAC AND FOX CASINO CONFERENCE ROOM FOx NATION
SHAWNEE, OKLAHOMA - hin», g
20 NOV12 P & 2b

NOVEMBER 12, 2010

‘UB! ic LA ‘XDOPTING AND ENACTING AMENDMENTS TO THE SAC AND
OX NATION.,GAMING ORDINANCE OF 2008, AS AMENDED, UPDATING
LANGUAGE OF REQUIRED NOTICES.

WHEREAS, the Business Committee of the Sac and Fox Nation met at a duly called, noticed,
convened, and held Emergency Special meeting at the date and place aforesaid,
there being a quorum present; and

WHEREAS, the Business Committee is authorized to transact business and otherwise act in
behalf of the Nation pursuant to the Constitution, Charter, and Laws of the Sac
and Fox Nation; and

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., requires that tribal
governments engaging in Class II and Class III gaming, as defined in such act,
adopt a law prescribing procedures and methods to be utilized with regard to the
conduct of gaming within their Indian lands; and

WHEREAS, the Nation enacted the Gaming Ordinance of 2008 (the “2008 Ordinance” or the
“Ordinance”) as a comprehensive revision of its gaming laws, which Ordinance,
as subsequently amended, was approved by the Chairman of the National Indian
Gaming Commission (the “NIGC”) on or about November 20, 2008; and

WHEREAS, the NIGC recently has advised the Nation, in conjunction with the process of
approval of pending amendments to the 2008 Ordinance, that the language of
certain notices in the Ordinance must be updated to conform with the current
requirements of 25 C.F.R. §§ 556.2 and 556.3; and

WHEREAS, the Business Committee of the Nation has determined that the appropriate
sections of the 2008 Ordinance should be amended, as set forth herein, in the best
interests of the Nation and in conformity with the NIGC’s regulations.


That: These amendments shall be effective as set forth herein and upon their approval by the
Chairman of the NIGC, and such shall be promptly filed in the Office of the Court Clerk
of the Sac and Fox Nation upon such approval; and

That: These amendments shall be codified at the appropriate locations in the Sac and Fox Code
of Laws.

CERTIFICATION

WE, George Thurman, Principal Chief, and Jacklyn K. Williams, Secretary, of the Sac and Fox
Nation, do hereby certify the foregoing Resolution No. SF-11-14 to be a true, complete, and
exact copy of the resolution as approved by the Business Committee in a properly called
emergency meeting held on the Sac and Fox Reservation, Stroud, Oklahoma, on the 20th day of
October, 2010, by a vote of: George Thurman-absent; Cheryl McClellan-yes; Jacklyn K.
Williams-yes; Randle Carter-yes; and Stella Nullake-absent.

Fa George Thi , Principal Chief
and Fox Nation

Sac and Fox Nation

Amendments to Nation’s 2008 Gaming Ordinance


RESOLUTION SF-11-19 / NOVEMBER 12, 2010 ESBCM. 2

NOW, THEREFORE,

Be it enacted by the Business Committee of the Sac and Fox Nation, pursuant to the
authority vested therein by the Constitution and Charter:

That: The following language, which amends and replaces the language of Section 1-512(A)
and (B) of the Ordinance, in its entirety, shall be enacted as the law of the Nation:

“(A) The following notice shall be placed on the application form for a Key
Employee or a Primary Management Official:

‘In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by et seq.
The purpose of the requested information is to determine the eligibility of
individuals to be granted a gaming license. The information will be used by the
Tribal gaming regulatory authorities and by the 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 issuance, denial, 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 a tribe’s being unable to license you for 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) The following additional notice shall be placed on the application form for
a Key Employee or a primary official:

‘A false statement on any part of your license application may be grounds for
denying a license or the suspension or revocation of a license. Also, you may be
punished by fine or imprisonment.’

And, be it further enacted by the Business Committee of the Sac and Fox Nation, pursuant
to the authority vested therein by the Constitution and Charter:

That: Upon enactment of these amendments, these amendments shall be submitted forthwith to
the Chairman of the NIGC for approval pursuant to 25 U.S.C. §§ 2710(b) and (d); and

That: These amendments shall be effective as set forth herein upon their approval by the
Chairman of the NIGC, and such shall be promptly filed in the Office of the Court Clerk
of the Sac and Fox Nation upon such approval; and


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December 14, 2010
By First Class Mail & Facsimile

Stephen Ward, Esq.
Conner & Winters

4000 One Williams Center
Tulsa, OK 74172

(918) 586-8982

Re: — Sac and Fox Nation gaming ordinance amendments

Dear Mr. Ward:

This letter responds to your request to review and approve amendments to the Sac
and Fox Nation’s gaming ordinance. The amendments were enacted by Resolutions No.
SF-11-14 and SF-11-19 on October 20 and November 12, 2010, and submitted to NIGC
on October 21 and November 15, 2010. The amendments change the process for removal
of the Nation’s gaming commissioners and updates the Privacy Act and false statement
language on the Tribe’s licensing forms.

We appreciate that the Tribe brought these amendments to our attention and
provided us a copy of the updated ordinance. The Tribe’s amended ordinance is
approved as it is consistent with the requirements of the Indian Gaming Regulatory Act
and the NIGC’s regulations. If you have any questions or require assistance, please
contact Dorinda Strmiska, Staff Attorney, at (202) 632-7003

Sincerely,

SStuanl)

Tracie L. Stevens
Chairwoman

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


RESOLUTION SF-11-19 / NOVEMBER 12, 2010 ESBCM. 3

That: All license application forms used by the Nation’s Gaming Commission within one
hundred eighty (180) days after the effective date of these amendments shall contain
notices in compliance with these amendments; and

That: These amendments shall be codified at the appropriate locations in the Sac and Fox Code
of Laws.

CERTIFICATION

WE, George Thurman, Principal Chief, and Jacklyn K. Williams, Secretary, of the Sac and Fox
Nation, do hereby certify the foregoing Resolution No. SF-11-19 to be a true, complete, and
exact copy of the resolution as approved by the Business Committee in a properly called
Emergency Special meeting held on the Sac and Fox Reservation, Shawnee, Oklahoma, on the
12" day of November, 2010, by a vote of: George Thurman-yes; Cheryl McClellan-absent;

Jacklyn K. Williams-yes; Randle Carter-yes; and Stella Nullake-yes.
7 Cacdbe Le Why.

George Thurman, Principal Chief illiams, Secretary,
Sac and Fox Nation com aa ‘ox Nation



Sac AND Fox NATION

920883 S Hwy. 99 Building A + Stroud, Oklahoma 74079 * (918) 968-1141 * FAX (918) 968-1142

4 RESOLUTION SF-11-14 DATE _@ — a9 e
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BYch.eblsche OCTOBER 20, 2010
A PUBLIC LAW ADOPTING AND ENACTING AMENDMENTS TO THE SAC AND
FOX NATION GAMING ORDINANCE OF 2008, AS AMENDED, REVISING THE
PROCEDURES FOR REMOVAL OF GAMING COMMISSIONERS.

WHEREAS, the Business Committee of the Sac and Fox Nation met in an emergency meeting
held the 20" day of October 2010; there being a quorum present, and

WHEREAS, the Business Committee is authorized to transact business and otherwise act in
behaif of the Nation pursuant to the Constitution, Charter, and Laws of the Sac
and Fox Nation, and

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., requires that tribal
governments engaging in Class Il and Class III gaming, as defined in such act,
adopt a law prescribing procedures and methods to be utilized with regard to the
conduct of gaming within their Indian lands, and

WHEREAS, the Nation enacted the Gaming Ordinance of 2008 (the “2008 Ordinance” or the
“Ordinance”) as a comprehensive revision of its gaming laws, which Ordinance,
as subsequently amended, was approved by the Chairman of the National Indian
Gaming Commission (the “NIGC”) on or about November 20, 2008, and

WHEREAS, the Nation’s Grievance Committee recently has begun an attempt to remove a
Gaming Commissioner pursuant to Section 1-401(J) of the 2008 Ordinance,
without following the Nation’s Grievance Committee Procedure Ordinance, and
without affording minimal due process to the target of such proceedings, and

WHEREAS, the Business Committee of the Nation has determined that Section 1-401(J) is
vague and ambiguous, and does not adequately protect the integrity and
independence of the Gaming Commission, and therefore that such section of the
gaming ordinance should be amended as set forth herein in the best interests of
the Nation.


NOW, THEREFORE,

Be it enacted by the Business Committee of the Sac and Fox Nation, pursuant to the
authority vested therein by the Constitution and Charter:

That:

That:

The following amendments to Section 1-401(J) of the Ordinance, as described herein
and/or with deletions to the existing ordinance indicated by strikethroughs and with
additions to the existing ordinance indicated by underlining, shall be enacted as the law
of the Nation:

“The independence of the Commission is essential to a well-regulated Gaming Operation.
For that reason, Commissioners may only be removed from office by the Grievance
Committee Business Committee prior to the expiration of their respective terms for
neglect of duty, misconduct, malfeasance, or other acts that would render a
Commissioner unqualified for his/her position. Any allegations of neglect of duty,
misconduct, malfeasance, or other acts that would render him or her unqualified for
his/her position must be substantiated by a preponderance of the evidence. Any
Commissioners subject to removal hereunder wilt shall be given e# notice in writing of
the specific grounds for a pending removal, and an opportunity at a hearing before the
Business Committee, which hearing shall be held not less than thirty (30) days after the
Commissioner’s receipt of the notice of removal hereunder, to previde appear and present
evidence rebutting the grounds for their his or her proposed removal before-the removal
iscensidered. Notice required hereunder may be made by personal service or by certified
mail, with return receipt requested. While a removal proceeding is underway pursuant to

this section, the Business Committee may. in its discretion, order_the immediate
suspension, pending a final determination concerning removal, of a Commissioner who is

subject to such proceeding. A vote final decision of the Grievance-Committee Business
Committee removing a Commissioner shall be subject to review by the Nation’s Courts

solely with respect to errors of law, and all findings of fact made by the Business
Committee may be overturned only if. clearly. erroneous. bam the-yelidity- oF the sonore!

the preceding amendments to Section 1-401(J) shall be effective as of October 20, 2010,
and further that any all proceedings of the Nation’s Grievance Committee pursuant to
Section 1-401(J) that are ongoing and/or that are initiated subsequent to such date shall be
null and void.

And, be it further enacted by the Business Committee of the Sac and Fox Nation, pursuant
to the authority vested therein by the Constitution and Charter:

That:

Upon enactment of these amendments, it shall be submitted forthwith to the Chairman of
the NIGC for approval pursuant to 25 U.S.C. §§ 2710(b) and (d); and

Amendments to Nation’s 2008 Gaming Ordinance