Resolution #7-14-04-A

Page 2

WHEREAS,

WHEREAS,

the Oneida Business Committee finds that it is necessary to correct the typographical
error prior to submitting the ONGO to the National Indian Gaming Commission
(NIGC) for approval and this constitutes an emergency situation which requires the
immediate passage of an amendment to the ONGO which corrects that error; and

emergency adoption of the amendment is necessary for the preservation of the public
health, safety, or general welfare of the reservation population, and that observance
of the regular APA adoption requirements for passage of laws would be contrary to
public interest.

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby adopts the
following emergency amendment to the Oneida Nation Gaming Ordinance:
21.6-6. Number of Commissioners, Qualifications, Background Investigation.

(a) Number of Commissioners. The Commission shall be comprised of
five (5) elected persons.

(b) Qualifications. To serve on the Oneida Gaming Commission, an
individual:

21.6-7. Gaming Commission Background Investigation. All candidates for the
office of Oneida Gaming Commissioner shall submit to a thorough background
investigation conducted by the Oneida Tribe and completed prior to placement on the
ballot or eligibility for appointment. In addition, prior to placement on the ballot or
eligibility for appointment, all candidates shall disclose all conflicts of interest as
required by the Oneida Conflict of Interest Policy. No individual shall be eligible for

election or appointment to, or continue services on, the Commission, if:

Certification

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum. 6_
members were present at a meeting duly called, noticed and held on the 14"_ day of _July_, 2004;
that the foregoing resolution was duly adopted at such meeting by a vote of _S__ members for;0_
members against; and_0_ members not voting; and that said resolution has not been rescinded or
amended in any way.

Julie Barton, Tribal Secretary
Oneida Business Committee



Oneida Tribe of Indians of Wisconsin
BUSINESS COMMITTEE

UGWA DEMOLUM YATEHE
Because of the help of
this Oneida Chief in
cementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
colonists had consistently nation, the United States

refused to aid them. P.O. Box 365 * Oneida, WI 54155 was made possible.
Telephone: 920-869-4364 « Fax: 920-869-4040

Oneidas bringing several
hundred bags of corn to

Washington's starving army
at Valley Forge, after the

BC RESOLUTION #
Emergency Adoption of Amendments to ONGO

WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian
government and a treaty tribe recognized by the laws of the United States of
America; and

WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Tribe of
Indians of Wisconsin; and

WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV of
the Oneida Tribal Constitution by the General Tribal Council; and

WHEREAS, the Oneida Nation Gaming Ordinance (ONGO) was adopted by the General Tribal
Council (GTC) on July 5, 2004; and

WHEREAS, Gaming Commissioners under ONGO are elected, and if after elected a
Commissioner dies, resigns, is removed, or otherwise be unable to serve, a
replacement is appointed by the Oneida Business Committee for the unexpired
portion of the term; and

WHEREAS, the ONGO adopted on July 5, 2004 included section 21.6-6 (b) “Qualifications for
Appointment;” and

WHEREAS, the qualifications for Gaming Commissioner were intended to be the same for both
Elected and appointed Commissioners; and

WHEREAS, requiring qualifications for appointments and not for elections is a typographical
error and is a distinction that was not discussed at any of the General Tribal Council
meetings, public hearing, joint Oneida Business Committee/Gaming Commission
meetings or any other meetings that addressed the ONGO; and

WHEREAS, Article VI of the Administrative Procedure Act (APA) authorizes the Oneida
Business Committee to enact legislation on an emergency basis, to be in effect for a
period of six months, renewable for an additional six months; and


«son AL 'No,

2 y
5 é
y,
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G cComN

October 15, 2004

Kathy Hughes, Vice-Chair

Oneida Business Committee

Oneida Tribe of Indians of Wisconsin
P.O. Box 365

Oneida, WI 54155

Re: Oneida Nation Gaming Ordinance, Resolutions GTC-7-05-04-A and
BC-7-14-04-A

Dear Vice-Chair Hughes:

This letter is in response to your request for the National Indian Gaming
Commission (NIGC) to review and approve the Oneida Nation Gaming
Ordinance. The Ordinance was received in this office on July 20, 2004. The
Oneida Tribe of Indians of Wisconsin (Tribe) adopted the Ordinance by
Resolution No. GTC-7-05-04-A on July 5, 2004, and Resolution No. BC-7-14-04-
A on July 14, 2004. Additional submissions were received here on October 6,
2004, and October 8, 2004. This letter constitutes approval of the Ordinance and
submissions under the Indian Gaming Regulatory Act (IGRA). It is important to
note that the Ordinance is approved for gaming only on Indian lands, as defined in
the IGRA, over which the Tribe has jurisdiction.

Thank you for submitting the Ordinance for review and approval. The NIGC staff
looks forward to working with you and the Tribe on future gaming issues.

Sees ~)

/

Co LA

ip N. Hogen
Chairman

NATIONAL HEADQUARTERS 1447 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


Oneidas bringing several
hundred bags of corn to
Washington's starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Oneida Tribe of Indians of Wisconsin
BUSINESS COMMITTEE

UGWA DEMOLUM YATEHE
Because of the help of
this Oneida Chief in
gementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
nation, the United States

P.O. Box 365 * Oneida, WI 54155 was made possible.
Telephone: 920-869-4364 ¢ Fax: 920-869-4040

GTC Resolution # _7-05-04-A
Adoption of the Oneida Nation Gaming Ordinance (ONGO)

the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian
government and a treaty tribe recognized by the laws of the United States; and

the Oneida General Tribal Council is the governing body of the Oneida Tribe of
Indians of Wisconsin; and

the Oneida Business Committee has been delegated the authority of Article IV,

Section 1 of the Oneida Tribal Constitution by the Oneida General Tribal Council;
and

gaming conducted by the Tribe on the Reservation is currently governed by the
Comprehensive Gaming Ordinance, adopted in 1992 by the General Tribal Council;
and

the Comprehensive Gaming Ordinance is outdated and is in need of replacement; and

the Oneida Nation Gaming Ordinance (ONGO) is intended to update and improve
gaming operations conducted by the Tribe; and

the Indian Gaming Regulatory Act (IGRA) allows the Tribe to conduct and regulate
Class II and Class III Gaming; and

the ONGO delegates specific regulatory functions to the Oneida Gaming
Commission; and

Public Hearings on ONGO were held on July 8, July 15 and December 9, 2003.

NOW THEREFORE BE IT RESOLVED, that the Comprehensive Gaming Ordinance is hereby
repealed and the attached Oneida Nation Gaming Ordinance (ONGO) is hereby adopted.

BE IT FURTHER RESOLVED, that the Oneida Nation Gaming Ordinance shall go into effect
immediately upon adoption.


GTC Resolution #7-5-04-A

Page 2

BE IT FINALLY RESOLVED, that from the date of the passage of the Oneida Nation Gaming
Ordinance by the General Tribal Council there will be a Transition Period that shall end when the
new Gaming Commission, as established under the ONGO, takes the oath of office. During this
Transition Period, the following shall occur:

1.

All Gaming Commissioners in office on the date ONGO is passed, or who are duly elected
or appointed prior to the July, 2005 Tribal election, shall meet the qualifications under the
ONGO for Gaming Commissioners.

The initial election for the five (S$) Gaming Commissioners shall be held no later than July,
2005, and thereafter, in July of each year beginning in the year 2006.

The new Gaming Commissioners shall be sworn in and assume their duties as outlined in the
ONGO.

Immediately after the new Gaming Commissioners are sworn in, the outgoing Gaming
Commissioners shall be separated from their positions with the Oneida Gaming Commission
and the Transition Period shall expire.

All Oneida Gaming Commissioners shall be responsible to fulfill their duties and
responsibilities under applicable Oneida law during the Transition Period. Failure to fulfill
the duties and responsibilities of the Oneida Gaming Commission during the Transition
Period shall result in immediate separation from the Oneida Gaming Commission.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
General Tribal Council in session with a quorum of 224_ members present at a meeting duly called,
noticed, and held on the _5" day of _July , 2004; that the foregoing resolution was duly adopted at
such meeting by a unanimous vote of those present and that said resolution has not been rescinded
or amended in any way.

ta Lyte

Julie Barton, Secretary
IDA BUSINESS COMMITTEE