/ 9/995

ORDINANCE NO. 55A, as amended, /995 ESTABLISHING A TRIBAL GAMING COMMISSION,

DEFINING ITS POWERS, DUTIES AND PROCEDURES,

AND ADOPTING RULES AND REGULATIONS

BE IT ENACTED by the Board of Directors (Board) of the

Tulalip Tribes of Washington (Tribe), a federally recognized

Indian tribe reorganized pursuant to Section 16 of the Indian

Reorganization Act of 1934, as amended, and pursuant to Article VI,

Sections 1(a), (k) and (1) of the Tribal Constitution, Tulalip

Gaming Ordinance No. 55, as amended, 25 USC Section 2701, et seq.

(PL 100-497) (IGRA), and the Tribal/State Compact for Class III

Gaming between the Tulalip Tribes of Washington and the State of

Washington of August 2, 1991, effective October 3, 1991 (Com

pact), that Ordinance No. 55A of the Tribe is amended to read as

follows:

1. COMMISSION - MEMBERS - APPOINTMENT -

VACANCIES, FILLING

(a) There shall be and hereby is created a Tulalip

Tribal Gaming Commission (Commission), whose purpose is to be the

single Tribal agency primarily responsible for regulatory oversight

of Class I, II and III gaming as defined in IGRA, Tribal ordinance

and the Compact.

(b) The Commission shall consist of seven (7) members

elected by the membership of the Tulalip Tribes of Washington. The

members of the Commission shall be elected no later than ninety

(90) days from the effective date of the amendment to this

Ordinance. Members of the Commission shall be known as Commis

sioners who shall hold three (3) year terms; provided of the first

elected Commissioners, three shall hold a three (3) year term, two

shall hold a two (2) year term, and two shall hold a one (1) year

term and hold office until their successors are duly elected and

qualified, which successors shall all hold three (3) year terms.

The costs of election shall be borne by The Tulalip Casino, a

business division of the Tribe, to be licensed by the Commission to

conduct Class II and Class III gaming on Tulalip Tribal Lands (the

TGO).

(c) No member of the Commission who has served two (2)

full three (3) year terms shall be eligible for re-election. In

case of a vacancy on the Commission, the Board shall appoint a

Commissioner to fill such vacancy for the remainder of the term.

2. QUALIFICATIONS No employee of: (1) the TGO; (ii) any

other tribally-licensed Class I, II or III gaming operation as

defined by IGRA; or (iii) any non-tribally-licensed gaming

operation may be a Commissioner. No person may be a Commissioner

unless such person: (a) is a duly enrolled member of the Tribe;
(b) is at least twenty-one (21) years of age; and (c) has never

been convicted of: (i) a felony, or (ii) a misdemeanor involving

dishonesty. Any person seeking to become a candidate for the

position of Commissioner shall submit to a background investigation

and must be qualified to receive a State gaming certificate and a

Tribal gaming license pursuant to the Compact. The fees and costs

for such background investigation shall be paid by such proposed

candidates before such person may become a candidate. The amount

of such fees and costs shall be established by the Commissions

Director.

3. CHAIRMAN, QUORUM, MEETINGS, COMPENSATION AND EXPENSES,

BOND -

REMOVAL

(a) Annually, upon the election of Commissioners by

members of the Tribe, the Commission shall designate one each of

their number as Chairman, Vice-Chairman and Secretary:

(i) The Chairman shall: (A) vote; (B) preside

over all meetings~ of the Commission; (C) perform all duties of a

Chairman; and (D) exercise any authority delegated to him by the

Commission;

(ii) The Vice-Chairman shall: (A) assist the

Chairman when called upon to do SO; and (B) in the absence of the

Chairman, preside and, while so presiding, have all the rights,

privileges, duties, and responsibilities of the Chairman;

(iii) The Secretary shall: (A) conduct all

Commission correspondence; (B) keep accurate records of all matters

transacted at Commission meetings; and (C) promptly submit to the

Secretary of the Board all minutes of regular and special meetings

of the Commission.

(b) A quorum shall be three (3) Commissioners until the

election of a seven (7) member Commission, as provided in Section

1(b), after which a quorum shall be four (4) members of the

Commission.

(c) The principal office of the Commission shall be at

such place as designated by the Board.

(d) The Commission shall hold meetings at least

quarterly and at such other times: (i) as may be called by the

Chairman, (ii) upon written request to the Chairman by any other

Commissioner; (iii) upon written request to the Chairman by the

Director; or (iv) at the direction of the Board.

(e) Commissioners may be compensated, and receive

reimbursement for their expenses, as determined annually by the

Board.

ORDINANCE NO. 55A - 2
(f) Before entering the duties of office, each Commis

sioner shall: (i) enter into a surety bond, paid f or by the

Commission and executed by a surety company authorized to do

business in the State of Washington and acceptable to the Board,

payable to the Tribe in the penal sum of $100,000 conditioned upon

the faithful performance of the Commissioners duties; and (ii)

take and subscribe to an oath of office as prescribed in Article IV

of the Bylaws for the Tribe.

(g) Any Commissioner may be removed for: (i) arrest

and/or conviction of any crime; (ii) inefficiency; (iii) malfea

sance or misfeasance in office, or (iv) acts or omissions contrary

to the best interests of the Tribe, all upon specific written

charges filed by the Chief Executive Officer of the Tribe, or any

member of the Board, with the Secretary of the Board. The Board

shall hear the matter at a public or private hearing and adjudicate

the charges at a time set in their discretion, as well prescribe

the procedure for the hearing. The decision of a majority of the

Board shall be final and non-appealable. Removal of any Cornmis

sioner by the Board shall disqualify such member for reappointment

or re-election.

4. POWERS AND DUTIES - CLASS I AND II The Commission shall

have primary responsibility for the on-site regulation, auditing,

control and security of all Class I and II gaming operations

authorized by the Tribe, including, but not limited to, the areas

set forth in IGRA, any Tribal gaming ordinance now existing or as

hereinafter enacted, including this Ordinance, and for the

following matters:

(a) Conduct annual outside audits of such gaming;

(b) Assure that the construction, operation, and

maintenance of any facilities in which such gaming occurs, and the

operation of such:gaming, is conducted in a manner which adequately

protects the environment and the public health and safety;

(c) Assure with such gaming that there is an adequate

system that: (i) ensures background investigations are conducted on

the primary management officials and key employees of the gaming

enterprise (as those terms are defined in the NIGC Regulations or

any Commission Regulations adopted pursuant to this Ordinance),

(ii) provides oversight of such officials and their management on

an ongoing basis, including the issuance of Tribal licensing for

primary management officials and key employees of any gaming

operation, and (iii) establishes standards whereby any person whose

prior activities, criminal record, if any, or reputation, habits

and associations~ pose a threat to the public interest or to the

effective regulation of gaming, or create or enhance the dangers of

unsuitable, unfair or illegal practices and methods and activities

in the conduct of such gaming;

ORDINANCE NO. 55A -3
(d) Notify the National Indian Gaming Commission

(1NIGC) of the results of such background checks before the issu

ance of any such licenses;

(e) Seek, where appropriate, certificates of self

regulation for Class II gaming activities under IGRA, monitor and

assure enforcement of ordinance provisions, whether relating to

regulations or law, enforcement; and

(f) Propose rules and regulations governing Class I and

Class II gaming for review, revision as appropriate, and final

adoption by the Board.

5. POWERS AND DUTIES - CLASS III The Commission shall have

primary responsibility for the on-site regulation, auditing,

control and security of the TGO and all other Class III gaming

operations authorized by the Tribe and for the enforcement of the

Compact, including, but not limited to, the following matters

referenced in the Compact (which Compact provisions are incorpo

rated herein by such reference)

(a) Nature, size and scope of Class III gaming--Compact,

Section 3.

(b) Licensing and certification requirements--Compact,

Section 4.

(c) Licensing and State certification procedures--Com

pact, Section 5.

(d) Tribal enforcement of Compact provisions--Compact,

Section 6.

(e) Regulatory jurisdiction relating to the enforcement

of the provisions of Compact--Compact, Section 8.

(f) Law enforcement jurisdiction relating to gaming--

Compact, Section 9.

(g) Enactment of Compact provisions and regulations

governing gambling--Compact, Section 10.

(h) Proposal of regulations for the operations and

management of the~TGO--Compact, Section 11, to be reviewed, revised

as appropriate and finally adopted by the Tribes Board.

(i) Enforcement of public health and safety provisionsCompact, Section 14.

ORDINANCE NO. SSA -4
6. DIRECTOR, TULALIP GAMING AGENCY, AGENCY EMPLOYEES, RULES

AND REGULATIONS

(a) The Commission shall employ a Director, either full

or part-time, who shall be the chief administrator and lead

enforcement official for the Commission in carrying out its powers

and duties. The Commission may hire such other staff (Commission

Employees) as it deems appropriate to carry out its duties and

functions.

(b) The Director shall propose rules and regulations

governing gaming activities and operations licensed by the Tribe

for review, revision, and/or preliminary approval by the Commis

sion, which, in turn, the Commission, shall submit to the Board for

its review, revision as appropriate, and adoption, before such

rules and regulations become effective. The Director shall

supervise other Commission Employees in carrying out the purposes

and provisions of this Ordinance.

(b) The Commission shall establish the Tulalip Gaming

Agency (Agency) as the enforcement and investigative branch of

the Commission. The Director, employed by the Commission pursuant

to subsection (a) above, shall be the Director of such Agency.

(c) With the consent of the Commission, the Director

shall employ such staff (Agency Employees) as the Director deems

appropriate to carry out the purposes and provisions of this

Ordinance, including without limitation, inspectors (Agency

Inspectors) . The Director shall develop policies and procedures

governing Agency Employee matters which policies and procedures

shall, upon approval by the Commission and the Tribal Board,

supersede all other tribal personnel policies and procedures,

including, without limitation, tribal Ordinance No. 84.

(d) No employee of: (i) the TGO; (ii) any other

tribally-licensed Class I, II or III gaming operation as defined by

IGRA; or (iii) any non-Tribally-licensed gaming operation may be a

Commission Employee, the Director, or an Agency Employee.

(d) The Regulations proposed by the Commission shall

define the powers~ of the Commission delegated to the Director, and

may authorize the Director to further delegate such powers to

Agency Inspectors and other Agency Employees.

(e) The rules and regulations attached hereto as Regula

tions 1-25, are adopted as part of this Tribal Ordinance No. 55A

and are incorporated herein by reference. The Commission and the

Director shall have the authority provided for therein in addition

to any other authority conferred by tribal ordinance.

ORDINANCE NO. 55A -

5
(f) The Director may propose, and the Commission may

review, revise, and preliminarily approve, additional rules and

regulations on all subjects addressed in the attached Regulations

1-25, for submission to, and review, revision as appropriate and

final adoption by, the Board.

(g) The Commission shall not repeal or modify any

Regulation adopted by the Board; provided that the Commission may

suspend or modify internal control provisions of Regulations 13-25,

where necessary to assure the operational integrity of the TGO.

The Commission shah immediately provide written notice to the

Board of any such suspension or modification, and may, on its own

motion, sustain, modify or reverse such action.

7. COMMISSIONERS AND EMPLOYEES - ACTIVITIES PROHIBITED

Except as required in the lawful discharge of their duties, Commis

sioners, Commission Employees, the Director, and Agency Employees

shall not:

(a) serve as an officer, employee or manager of any

natural person (Person) or any sole proprietorship, corporation,

not-for-profit corporation, limited liability company, joint

venture, partnership (general or limited), trust, association,

organization, government, tribe, political subdivision, municipal

corporation, governmental agency, consortium of Persons, consortium

of Persons and any one or more of the foregoing, or consortium of

any of the foregoing (Entity) which conducts gaming activities;

(b) receive or share in, directly or indirectly, profits

of any gaming activity, other than authorized per capita payments;

(c) be beneficially interested in any contract for the

manufacture, supply, sale or other provision of goods or services

to, or connected With, any gaming activity subject to the Tribes

jurisdiction;

(d) participate in any gaming activity subject to the

Tribes jurisdiction; or

(e) solicit, receive, or accept anything of value from

(i) any Person or Entity, or Person in control of an Entity, that

is required to obtain a license from the Agency; or (ii) any

employee, agent, or representative of a Person or Entity, or Person

in control of an Entity that is required to obtain a license from

the Agency; provided, however, that the prohibitions of this

Subsection 7(e) shall not apply to items of insignificant value

that are distributed without charge to the general public by a

Person or Entity that is required to obtain a license from the

Agency.

ORDINPNC~ NO. 5SA -6
8. REPORTS Not less than quarterly, the Commission shall

make reports to the Board covering such matters in connection with

this Ordinance or as the Board may otherwise more frequently

require.

9. ENFORCEMENT, INVESTIGATION AND SANCTIONS In order to

assure the compliance of the TOO, and any other Tribally-licensed

gaming operations, with the provisions of applicable compacts,

laws, codes, ordinances, rules and/or regulations, and/or for any

other reason(s) it deems to be in the Tribal or public interest,

the Commission:

(a) shall have free access to all gaming premises,

employees, books and records at any time and for any purpose

related to performance of its functions hereunder;

(b) except for licenses subject to the provisions of

Sections 10 (a) through (c), may deny an application for or suspend

or revoke any tribal gaming license or permit; and

(c) may impose fines not to exceed Five Thousand Dollars

($5,000.00) per violation for any violation of any Tribal gaming

ordinance, IGRA, NIGC regulations, the Compact, including appendi

ces thereto, or Regulations adopted by the Board.

(d) shall reduce to writing any action taken by the

Commission under this Section, or by the Director pursuant to

delegated authority and shall forward a copy thereof to the

affected Person or Entity.

10. LICENSING OF TGO AND OF PERSONS OR ENTITIES EXTENDING

FINANCING TO THE TGO

(a) The license for the TGO shall be issued by the

Director in conformity with the requirements of the Compact prior

to commencement of operation, and annually thereafter, as provided

in Section 4(a) of the Compact. Verification of this requirement

shall be made by the State Gaming Agency and the Agency through a

joint pre-operation inspection and letter of compliance, as

provided in said Section 4 (a). If a dispute arises during the

inspection, it shall be resolved pursuant to Section 12(c) of the

Compact. Upon such verification, or upon resolution of the

dispute, the Director shall initially issue, and thereafter renew,

the TGOs annual license.

(b) Upon receipt of a license application or renewal

from any Person or Entity extending financing, either directly or

indirectly, to the TGO and required by Section 3 (m) of the Compact

to have a tribal license and state certification, the Director

shall verify (1) that the provision of financing by such Person or

Entity has been approved by the Board, and (ii) that such Person or

ORDIN1~.NCE NO. 55A - 7
Entity has obtained the required state certification, whereupon the

Director shall issue the requested license or license renewal.

(c) The Director shall not suspend or revoke a license

or renewal thereof issued under Subsections 10(a) or 10(b) of this

Section without the written concurrence of the Board, unless such

licensees required state certification has been suspended or

revoked.

(d) Any action taken by the Commission under this

Section, shall be reduced to writing with a copy delivered or

mailed to the TGO and any other affected Person or Entity.

11. PROHIBITED ACTS RELATED TO ALL GAMING ACTIVITY

(a) No Person or Entity, or Person in control of an

Entity, required to obtain a license from the Agency shall give, or

attempt to give, anything of value to: (i) Commissioners, (ii)

Commission Employees, (iii) the Director, (iv) Agency Employees, or

(v) the Board; provided, however, that the prohibitions of this

Subsection 11(a) shall not apply to items of insignificant value

that are distributed without charge to the general public by such

Person or Entity.

(b) No Person or Entity participating in gaming activity

at the TGO or any other tribally-licensed gaming operation shall:

(i) cheat in any such gaming activity; (ii) possess any cheating

device within the TGO or other tribally-licensed gaming operation;

or (iii) use any cheating device during the conduct of any such

gaming activity. For the purposes of this Ordinance, cheat means

to undertake, or attempt to undertake any act prohibited by

RCW 9.46.196, as the same may be amended from time-to-time, and

cheating device means any machine, mechanism, piece or pieces of

equipment, cards, dice, or other device used, or attempted to be

used, to cheat. In the event an Agency Employee suspects that

cheating is taking place, the Agency is hereby granted the

authority to seize any article of property reasonably believed to

be a cheating device. Upon the Directors finding that cheating

has occurred or that an article of property is a cheating device,

the Agency may impose fines of not more than Five Thousand Dollars

($5,000.00) upon each Person or Entity found to be cheating or

determined to be in possession of a cheating device.

12. TULALIP GAMING COURT

(a) Establishment of Tulalip Gaming Court The Tulalip

Gaming Court (Gaming Court) is hereby established as a division

of the Tulalip Tribal Court. The judge of the Gaming Court shall

be a trial judge of the Tulalip Tribal Court. Provided, however,

that in no event shall a judge sit with respect to any matter in

which a grandparent, grandparent-in-law, parent, parent-in-law,

ORDINANCE NO. SSA - 8
sibling, sibling-in-law, aunt, aunt-in-law, uncle, uncle-in-law,

first cousins and first cousins-in-law, child, child-in-law,

grandchild, grandchild-in-law is involved. In such circumstances

a judge must recuse himself, and another judge without such

conflicts, shall be assigned to sit with respect to such matter.

(b) Jurisdiction

(1) Appeals The Gaming Court shall have jurisdic

tion over appeals authorized by Section 13.

(2) Subpoenas The Gaming Court shall have

jurisdiction to issue and enforce subpoenas, as follows:

(1) Hearing Subpoenas At the request of the

appellant in any appeal, or the Director or his designee, the

Gaming Court may issue subpoenas requiring any Person or Entity to

appear and fully testify under oath and/or produce documents

related to any issue within the scope of the appeal.

(ii) Investigatory Subpoenas During the

course of any investigation, the Gaming Court may, at the request

of the Chairman or Acting Chairman of the Commission, or the

Director or Agency Inspector specifically authorized by the

Director to make such requests, issue:

(A) A subpoena requiring any Person or

Entity to appear before the Commission, the Director, or any Agency

Inspector authorized by the Director, and give testimony under oath

concerning any subject which is directly or indirectly related to

any matter within the investigatory authority is conferred by this

Ordinance or Regulations adopted by the Board.

(B) A subpoena duces tecum requiring any

Person or Entity to appear before the Commission or the Director

and produce records concerning any subject which is directly or

indirectly related to any matter within the investigatory authority

is conferred by this Ordinance or Regulations adopted by the Board.

(3) Enforcement of Subpoenas

(1) In the event any Person or Entity fails to

comply with a subpoena or subpoena duces tecum issued by the Gaming

Court, fails to fully answer questions propounded, or fails to

produce all documents subpoenaed, the Gaming Court, upon its Own

motion or the motion of the party who sought the subpoena, may:

(A) Issue an order requiring the Person

or Entity to whom the subpoena was directed to comply with the

subpoena;

ORDINANCE NO. 5SA -

9
(B) Impose a fine of not to exceed five

thousand dollars ($5,000) for each day of non-compliance with the

subpoena; and

(C) If the interests of justice so

require, continue any hearing to allow time for compliance with the

subpoena.

(ii) The relief authorized by subsection

(b) (3) of this Section may be summarily imposed by the Gaming Court

in the event of non-compliance with any hearing subpoena, and may

be imposed upon not less than five (5) days notice to the party to

whom the subpoena was directed in the case of any investigatory

subpoena.

(iii) Fines imposed pursuant to subsection

(b(3) of this Section shall constitute a judgment of the Tulalip

Tribal Court against the Person or Entity upon whom the fine is

imposed.

13. APPEALS

(a) Right of Appeal

(1) Any Person or Entity against whom the Commis

sion, or the Director pursuant to delegated authority, imposes a

fine authorized by this Ordinance or Regulations adopted by the

Board may appeal such action to the Gaming Court.

(2) Any Person or Entity subject to a tribal gaming

license denial, suspension or revocation authorized by this

Ordinance or Regulations adopted by the Board, may appeal such

action to the Gaming Court.

(3) Any Person or Entity entitled to issuance of a

tribal gaming license under Sections 10(a) or (b) which has not

been issued within ten (10) days of entitlement thereto, may appeal

such omission to the Gaming Court.

(4) A claimant to an article of property seized and

retained by the Agency after a determination by the Director that

the article of property is a cheating device may appeal such deter

mination to the Gaming Court.

(b) Manner and Time for Appeal

(1) Appeals authorized by Sections 13 (a) (1) and (2)

shall be commenced by written notice of appeal filed with the Clerk

of the Gaming Court within ten (10) days of the delivery of written

notice of the action appealed to the Person or Entity, or within

thirteen (13) days of the mailing thereof by certified mail, return

ORDINANCE NO. 55A -

10
receipt requested, to their last address of the Person or Entity on

file with the Commission or the Agency. The Gaming Court shall

dismiss any such appeal not timely filed.

(2) Appeals authorized by Section 13(a) (3) may be

commenced at any time after the ten (10) day period described

therein by written notice of appeal filed with the Clerk of the

Gaming Court.

(c) Content of Notice of Appeal The notice of appeal

shall identify: (i) the action appealed; (ii) the date of the

action; (iii) each ground for the appeal; and (iv) the appellants

name, mailing address, and if applicable, the number of the

appellants tribal gaming license

(d) Scheduling of Hearing The Gaming Court shall

schedule a hearing within thirty (30) days after the filing of the

notice of appeal, and may continue the hearing for good cause.

Failure to hold a hearing within such thirty day period shall not

constitute grounds for reversal or modification of the action of

the Commission or the Director.

(e) Representation at Hearing The appellant may be

represented at the hearing by any Person admitted to practice

before the Tulalip Tribal Court. The Commission shall be repre

sented at the hearing by the Director, or the Directors designee.

With approval of the Commission, the Director may utilize an

attorney-at-law to represent the Commission at the hearing.

(f) Rules of Procedure The Gaming Court shall

establish rules of procedure for the hearing. Prior to the

hearing, the appellant shall be entitled to examine and obtain

copies of information in the files of the Commission, the Director,

or the Agency which supports the action being appealed, except

information designated as confidential by this Ordinance, Regula

tions adopted by the Board, or other applicable law.

(g) Hearing The hearing shall be adversarial in nature

and may include written and oral testimony from the appellant, the

Director or his designee, and such witnesses as either may call.

Testimony shall be under oath and oral testimony shall be subject

to cross-examination. Technical rules of evidence shall not apply

at hearings. The: Gaming Court may consider hearsay evidence and

may limit or exclude irrelevant or unduly repetitious evidence.

(h) Personnel Issues Rights that a tribal employee may

have under the Tribes personnel policy or ordinance:

(1) Are entirely separate from, and have no bearing

upon, the issue of entitlement to a tribal gaming license, or the

ORDINP~NCE NO. 55A -

11
propriety of the suspension or revocation of a tribal gaming

license; and

(2) Shall not be considered by the Gaming Court in

deciding any appeal of the denial, suspension or revocation of a

tribal gaming license, or the imposition of a fine upon a tribal

gaming licensee.

(i) Applicable Law The applicable law at the hearing

shall be this Ordinance No. 55A, Ordinance No. 55, the Compact, and

Commission Regulations adopted by the Board, as the same now exist,

and as any of the same may be hereinafter amended.

(j) Decision

(1) The decision of the Gaming Court shall be in

writing, shall state the reasons for the decision, and shall be

final and not subject to further appeal to the Tulalip Tribal Court

of Appeals or otherwise.

(2) In the event of failure to issues a license

required to be issued pursuant to Sections 10 (a) or (b), the Gaming

Court shall order the issuance of the license by the Director.

(3) The Clerk of the Gaming Court shall mail a copy

of the decision to the Agency and to the appellant at the address

identified in the notice of appeal.

14. CONFIDENTIALITY All applications for tribal gaming

licenses and license renewals, and supporting data and information,

shall be treated as confidential by Commissioners, employees of the

Commission, the Director, Agency Inspectors and employees, and

shall not be divulged under any circumstances, either during

service on the Commission, as a Commission employee, as the

Director, as an Agency Inspector or employee, or thereafter,

except:

(a) As ordered by a Court of competent jurisdiction;

(b) Disclosures to the State Gaming Agency or its agents

authorized or required by the Compact;

(c) Disclosures to the National Indian Gaming Commission

authorized or required by its regulations or federal law;

(d) Review and discussion of such information in closed

Commission proceedings, and in camera Gaming Court proceedings; or

(e) Provision of such information to the Board at its

request for its in camera review.

ORDINANCE NO. 55A - 12
15. VIOLATIONS OF CONFIDENTIALITY Each violation of any of

the provisions of Section 14 shall constitute grounds for:

(a) Immediate removal as a Commissioner pursuant to

Section 3 (g)

(b) Immediate discharge as an employee of the Commission

or the Agency; and

(c) Imposition of a fine by the Board of not to exceed

Five Thousand Dollars ($5,000.00) per violation.

16. COMMISSION AND AGENCY BUDGET The Director shall prepare

an annual budget for the Commission and the Agency, and submit the

same for the review and modification by the Commission, whereupon

the such annual budget shall be submitted to the Board for review,

modification, and/or adoption as part of its regular annual budget

process. Such annual budget shall describe, at a minimum, a

description of the expected revenue to be received from license

fees, charges, and penalties.

17. INDEPENDENCE FROM TRIBAL SECURITY AGENCIES All Tulalip

tribal security agencies or departments, are, and shall remain,

separate from and independent of the Commission and Agency.

Without limiting the foregoing, the TGOs Security Operations and

Surveillance Operations divisions are without police authority or

power and it shall be the responsibility of such Security Opera

tions and Surveillance Operations divisions to observe and

immediately report to the Commission or the Agency all violations

of the Compact, tribal Ordinance Nos. 55 and 55A, these Regula

tions, and other law or regulation applicable to the TGO, upon

detection of the violation, and to assist the Commission, the

Director, the Agency, and Agency Employees.

18. ASSISTANCE FROM OTHER TRIBAL DEPARTMENTS, AGENCIES AND

EMPLOYEES All tribal departments, agencies, officials and

employees shall cooperate with the Commission, the Director, and

Agency Employees in any investigation, and, unless prohibited by

specific tribal law, disclose information and documents sought by

the Commission, the Director, or any Agency Employee, during the

course of any investigation.

19. EXTENSION OF SOVEREIGN IMMUNITY TO COMMISSION AND AGENCY

The sovereign immunity of the Tribe is hereby extended to, and

shall protect, the Commission, Commissioners, Commission Employees,

the Director, and Agency Employees from civil liability of any

nature for any act, omission or statement taken or made in the

lawful performance of their duties under this Ordinance 55A or any

Regulations adopted pursuant thereto; provided that such immunity

shall not protect any Person from a fine or other sanctions imposed

pursuant to the provisions hereof.

ORDINANCE NO. 55A -

13
20. PRIVILEGE Any written or oral statement made in the

course of any official investigation, proceeding or process by any

Commissioner, any Commission Employee, the Director, or any Agency

Employee shall be absolutely privileged and shall not constitute a

basis for civil liability of any Commissioner, the Director, or any

Agency Employee for defamation, or otherwise. Moreover, the list

ing of any Person on the list of excluded persons required by the

Compact, or the provision of such list to the State Gaming Agency,

shall also be absolutely privileged and shall not constitute a

basis for civil liability of any Commissioner, any Commission

Employee, the Director, or any Agency Employee for defamation or

otherwise.

21. SEVERABILITY If any provision of this Ordinance, or

the application to~ anyone or circumstance is held invalid, the

remainder of the Ordinance or application thereof shall not be

affected.

Adopted at a regular/special meeting of the Tulalip Tribes

Board of Directors on t1~e 16th da of May, 1995, with a quorum

present by a vote of 5 for and ____against.

TULALIP TRIBES OF WASHINGTON

BY: ___________________

STANLEY G~rbNES, R.,

Cha irinan

ATTEST:

114 ~

MARIE M. ZACKuSEfySecretarY

5116/95

Amenc~5A. F

ORDINANCE NO. 55A -

14