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TRIBAL CouNciL O~,. 505-869-0457

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P.O. BOX ~270 ISLETA, NM 87022

RESOLUTION NO. 01- O06

Pueblo of Isleta Gaming Regulatory Agency

At a duly called meeting of the Tribal Council of the Pueblo of Isleta, the

following resolution was passed:

WHEREASthe Pueblo of Isleta Tribal Council has by Resolution 95-03, as

subsequently amended by Resolution 00-108, established the Pueblo of

Isleta Gaming Commission to exercise tribal regulatory authority over

Gaming activities conducted upon the sovereign lands of the Pueblo of

Isleta, including those conducted by the Pueblos gaming enterprise, the

Isleta Casino & Resort (Pueblo Gaming);

WHEREAS, based upon the experience of the Pueblo of Isleta, Tribal Council has

determined that the Gaming Commission Model provided for in

Resolution 95-03 and 00-108 is no longer the most effective and efficient

way in which to exercise the sovereign governmental authority of the

Pueblo of Isleta over Pueblo Gaming;

WHEREAS, in view of the Pueblos newly approved Compact for Class III Gaming

with the State of New Mexico (the Compact), the adoption of the Pueblo

of Isleta Gaming License Review Procedures by Resolution 01-104, and

other events and circumstances, this is an opportune time at which to

restructure the regulatory entity through which the Pueblo of Isletas

sovereign regulatory authority over Pueblo Gaming is exercised.

NOW, THEREFORE, BE IT RESOLVED by the Tribal Council of the Pueblo

of Isleta:

Article I Gaming Regulatory Agency

1. There is hereby established the Pueblo of Isleta Gaming Regulatory Agency

(the Isleta Gaming Regulatory Agency). For purposes of maintaining

familiarity of reference to regulated parties, consuming existing stationary,

forms, supplies and other materials, and to allow the Isleta Gaming

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i._ ~ ~ ~ ~ -~ ~ ~ ~ ~ A ~ .~. ~- .~ ~. .~. ~
Regulatory Agency to amend all relevant forms, documents and materials in

an orderly fashion, the Isleta Gaming Regulatory Agency may identif~ and

refer to itself as the Pueblo of Isleta Gaming Commission until June 30, 2002.

2. The Isleta Gaming Regulatory Agency shall be composed of an Executive

Director and such staff as shall be necessary and appropriate to carry out the

duties and responsibilities delegated to the Isleta Gaming Regulatory Agency

by this resolution.

3. The Executive Director shall be appointed by the Tribal Council; provided,

however, that the Executive Director may be removed at any time if a

majority of the total number of members of the Pueblo of Isleta Tribal Council

find that such removal is in the interest of effective regulation of Pueblo

Gaming.

4. Tribal Council shall annually approve a budget for the Isleta Gaming

Regulatory Agency and appropriate such finds as may be necessary to allow

the Agency to effectively regulate Pueblo Gaming.

Article H Authority and Duties of General Executive Director

1. All of the authority, responsibility and duties delegated to the Isleta Gaming

Regulatory Agency by this Resolution shall be exercised by the Executive

Director. Executive Director may delegate any of such authority,

responsibilities and duties to members of the Isleta Gaming Regulatory

Agency stag provided that the Director shall remain responsible to ensure

that said responsibilities and duties are effectively carried out.

2. The Executive Director shall supervise all Isleta Gaming Regulatory Agency

staff in accordance with the Pueblo of Isleta Personnel Policies and

Procedures and such other laws, policies and procedures that may apply to

employees of the Pueblo of Isleta generally or the staff of the Isleta Gaming

Regulatory Agency specifically.

3. The Executive Director shall annually propose a budget to Tribal Council for

the Isleta Gaming Regulatory Agency and provide appropriate justification for

all budgeted items and their necessity for the effective regulation of Pueblo

Gaming. The Executive Director shall be responsible for authorizing all

expenditures from the approved budget. The Executive Director may delegate

to staff personnel of the Isleta Gaming Regulatory Agency such authority over

the expenditure of budgeted funds as he or she may determine necessary or

appropriate for the Isleta Gaming Regulatory Agency to carry out its

responsibilities and duties pursuant to this Resolution.

Article Ill Authority, Responsibilities and Duties

1. The Isleta Gaming Regulatory Agency shall on behalf of the Pueblo of Isleta

exercise any and all regulatory authority and duties of the Tribe specified in

Pueblo of Isleta Ordinance: Permitted Gaming 94-02, as amended, and Pueblo

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of Isleta Ordinance of Tribal Law: Permitted Gaming, adopted September 23,

1997, including the backgrounding and licensure of all employees and other

persons requiring to be licensed under said ordinances, and shall assure

compliance with such ordinances by the Pueblo of Isleta, its Gaming

enterprise and any and all other persons involved in or associated with Pueblo

Gaming.

2. The Isleta Gaming Regulatory Agency shall perform on behalf of the Pueblo

of Isleta any and all gaming regulatory duties required by, and shall assure

compliance with, the Indian Gaming Regulatory Act, the regulations and

authoritative rulings of the National Indian Gaming Commission, and the

minimum internal control standards established by the National Indian

Gaming Commission.

3. The Isleta Gaming Regulatory Agency shall act as the Tribal Gaming Agency

described in the Pueblo of Isletas Class III Gaming Compact with the State of

New Mexico, shall exercise the authority, carry out the responsibilities and

perform the duties of the Tribal Gaming Agency specified in the Compact,

and shall ensure that Class Ill Pueblo Gaming is conducted in accordance with

the Compact.

4. The Isleta Gaming Regulatory Agency shall exercise the authority, carry out

the responsibilities and perform the duties of the Pueblo of Isleta Gaming

Commission described in the existing regulations of the Pueblo of Isleta

Gaming Commission, Chapters 1-21. Any and all references within said

regulations to the authority, responsibilities and duties of the Gaming

Commission or individual Commissioners shall henceforth be deemed to refer

to the Executive Director. Executive Director may delegate such authority,

responsibilities and duties specified in said regulations to members of the

Isleta Gaming Regulatory Agency staff as necessary and appropriate to carry

out the Isleta Gaming Regulatory Agencys responsibilities and duties with

respect to the regulation of Pueblo Gaming.

5. The Isleta Gaming Regulatory Agency shall ensure that the Pueblos Gaming

enterprise establishes internal controls that are at least as restrictive as the

National Indian Gaming Commission minimum internal controls, and shall

provide regulatory oversight to assure compliance with established internal

controls.

6. On or before June 30, 2002, the Isleta Gaming Regulatory Agency shall

propose such revisions to the Isleta Gaming Commission Regulations

currently in effect as shall be necessary and appropriate to reflect the

assumption of gaming regulatory responsibilities and duties by the Isleta

Gaming Regulatory Agency and the delegation of gaming regulatory authority

to the Isleta Gaming Regulatory Agency by Tribal Council. The Isleta

Gaming Regulatory Agency may also propose from time to time such

amendments, supplements and deletions from the regulations as the Executive

Director may determine to be necessary or appropriate for the effective

regulation of Pueblo Gaming. All amendments, supplements and deletions

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from the regulations shall be approved by Tribal Council prior to their

effectiveness.

7. The Isleta Gaming Regulatory Agency shall exercise such other authority,

carry out such other responsibilities and perform such other duties as may be

necessary to assure that the conduct of Pueblo Gaming is in compliance with

all applicable laws affecting the conduct of gaming.

Article IV Miscellaneous

1. The Isleta Gaming Regulatory Agency shall act as the independent gaming

regulator of all Pueblo Gaming and shall maintain the highest standards of

integrity and diligence in its work. No member of Tribal Council shall serve

as Executive Director or be employed by the Isleta Gaming Regulatory

Agency during the term of his or her service as a Tribal Council person.

Neither the Executive Director nor any staff member of the Isleta Gaming

Regulatory Agency shall receive any compensation or other valuable

consideration from the Gaming enterprise of the Pueblo of Isleta as an

employee, agent or vendor, or as an employee, agent or owner of any such

vendor. The Executive Director and the staff of the Isleta Gaming Regulatory

Agency are employed by the Pueblo of Isleta Tribal Government and are not

employed by the Gaming enterprise. Neither the Executive Director nor staff

of the Isleta Gaming Regulatory Agency shall participate in any form of

Pueblo Gaming during the period of their employment with the Isleta Gaming

Regulatory Agency.

2. Unless expressly authorized by Pueblo of Isleta Tribal Council Resolution, the

Isleta Gaming Regulatory Agency may not:

1. Enter agreements of any kind for the Pueblo.

2. Pledge the credit of the Pueblo.

3. Dispose of or encumber real or personal property of the

Pueblo.

4. Waive any right of, or release any obligation owed to the

Pueblo of Isleta.

5. Waive any other rights, privileges, or immunities of the

Pueblo of Isleta.

6. Approve unbudgeted expenditures.

3. Actions of the Isleta Gaming Regulatory Agency with respect to the denial,

suspension or revocation of any gaming license of any employee of, or vendor

doing business with, the Pueblos Gaming enterprise shall be subject to review

under the Gaming License Review Procedures established by Resolution 01-

104.

4. The Isleta Gaming Regulatory Agency as an integral part of the Tribal

Government of the Pueblo of Isleta shall possess sovereign immunity of the

Pueblo from suit, except as may otherwise be specifically approved by the

Tribal Council of the Pueblo of Isleta.

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Article V Repeal of Resolutions

1. By adoption of this Resolution, the Tribal Council hereby revokes and

rescinds Resolutions 95-03 and 00-108 effective upon adoption of this

Resolution.

CERTIFICATION

We, the undersigned officials of the Pueblo of Isleta, hereby certify that the

foregoing Resolutior~vas duly adopted by the Pueblo of Isleta Tribal Council at a regular

meeting held on _________________, 2002, a quorum present, with ~ voting

for, ~ votthg~against, and I abstaining.

Attest:

/

S~creta~r

~-

~fr.n~Lucero I

Governor

Ben Lucero

President of the Council

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