FEB 2 9 1996 

Michelle Salgado 

Chairperson 

Cahuilla Band of Indians 

P.O. Box 391760 

Anza, CA 92539 

Dear Chairperson Salgado: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, Ordinance No. 2, adopted on 

September 10, 1994, by the Cahuilla Band of Indians (Tribe). 

This letter Constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Also, 

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its'key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report On each 

background investigation before issuina a license to a -- key -- 

employee or primary management officiai pursuant to 25 c.F.R. 

S 556.5(b). 

Thank you for submitting the ordinance of the Cahuilla Band 

of Indians for review and approval. The NIGC staff and I look 

forward to working with you and the ~ribe in implementing the 

IGRA. 

Sincerely yours, 
CAHUILLA BAND OF INDIANS 

CLASS I1 GAMING ORDINANCE 

I. Purpose 

The General Council of the Cahuilla Band of Indians (hereafter 

!!Tribeu ) , exercising its governamental powers as a sovereign Tribe 

to enact ordinances, hereby enacts this Ordinance in order to set 

the terms for the conduct of Class I1 gaming operations on tribal 

lands. 

11. Gamins Authorized 

Class I1 gaming as defined in the ,Indian Gaming Regulatory 

Act. P.L. 100-447, 25 U.S.C. Section 2703 (8) ("IGRAW) and by the 

regulations promulgated by the National Indian Gaming Commission at 

25 C.F.R. 502.3 (as published in the Federal Register at 57 FR 

12382-12393, April 9, 1992) is hereby authorized. 

111. Ownershin of Gaminq 

The Tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming operation authorized 

by this Ordinance. 

IV. Use of Gaminu Revenue 

A. Net revenues from class I1 gaming shall be used only for 

the following purposes: to fund tribal government operations and 

programs; provide for the general welfare of the Tribe and its 

members; promote tribal economic development; donate to charitable 

organization; or help fund operations of local government agencies. 

- 

B. If the Tribe elects to make per capita payments to tribal 

members, it shall authorize such payment only upon approval of a 

plan submitted to the Secretary of Interior under 25 U.S.C. 

2710 (b) (3). 

V. Audit 

A. The Tribe shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the 

resulting audit reports to the National Indian Gaming commission. 

B. All gaming related contracts that result in the purchase 

of supplies, services, or concessions in excess of $25,000.00 

annually, except contracts for professional legal and accounting 

services, shall be specifically included within the scope of the 

audit that is described in subsection A above. 
VI. Protection of the Environment and Public Health and Safety 

Class 11 gaming facilities shall be constructed, maintained 

and operated in a manner that adequately protects the environment 

and the public health and safety. 

VII. Licenses for Key 5vlovees and Primarv Manacrament Officials 

The Tribe shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any Class I1 gamine 

enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following 

definitions apply: 

1. Key emvlovee means 

(a) A person who performs one or more of the 

following functions: 

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Approval of credit; or 

Custodian of gambling devices including 

persons with access to cash and accounting 

records within such devices; 

(b) If not otherwise included, any other person 

whose total cash compensation is in excess of 

$ 50,000, per year; or 

(c) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

(2) Primarv manaeement official means 

(a) The person having management responsibility \ for a management contract; 

(b) Any person who has authority; 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming 
operation; or 

(c) The chief financial officer or other person who 

has financial management responsibility. 

B. Avplication Forms 

1. The following notice shall be placed on the 

application form for a key employee or a primary management 

official. before that form is filled out by an a~plicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on 

this form is authorized by 25 U.S.C. 2701 et seq. The purpose of 

the requested information is to determine the eligibility of 

individuals to be employed in a gaming pera at ion. The 

information will be used by 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 hiring or firing of an employee, 

the issuance or revocation of a gaming license, or investigations 

of activities while associated wit a tribe or gaming operation. 

Failure to consent to the disclosures indicated in this notice will 

result in a tribes's being unable to hire you in a primary 

management official or 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. 

2. Existing key employees and primary management 

officials shall be notified in writing that they shall either: 

(a) Comple'te a new application form that contains a 

Privacy Act Notice: or 

(b) Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in 

that notice. 

3. The following notice shall be place on the 

application fonn for a key employee or a primary official before 

that form is filled out by an applicant. 

A false statement on any part of 

your application may be grounds for 

not hire you, or for firing you 
after you begin work. Also, you may 

be punished for fine or imprisonment. 

(u.s. Code, Title 18, Section 1001.) 

4. The Tribe shall notify in writing existing key 

employees and primary management of ficials that they shall either: 

(a) Complete a new application form that contains 

a notice regarding false statements; or 

(b) Sign a statement that contains the notice 

regarding false statements. 

C. Backuround Investiuations 

1. The Tribe shall request from each primary management 

official and from each key employee all of the following 

information: 

(a) Full name, other names used (oral or written), 

social security number(s1, birth date, place of 

birth, citizenship, gender, all languages (spoken or 

written) ; 

(b) Currently and for the previous 5 years; business and 

employment positions held, ownership interest in 

those businesses, business and residence addresses, 

and drivers license numbers; 

(c) The names and current addresses of at least three 

personal references, including one personal 

reference who was acquainted with the applicant 

during each period of residence listed under 

paragraph (1) (b) of this section; 

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business 

relationships with Indian tribes, including 

o*ership interest in those businesses; 

(f) A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

(g) The name and address of any licensing or regulatory 

agency with which the person has filed an 

application for a license or permit related to 

gaming, whether or not such license or permit was 

granted; 

(h) For each felony for which there is an ongoing 
prosecution or a conviction, the charge, the name 

and address of the court involved, and the date and 

disposition if any; 

(i) For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the 

application, the name and address of the court 

involved and the date and disposition; 

(j 1 For each criminal charae (excluding minor traffic 

charges), whether or not there is a conviction, if 

such criminal charge is within ten years of the date 

of the application and is not otherwise listed 

pursuant to paragraph (1) (h) or (1) (i) of this 

section, the criminal charge, the name and address 

of the court involved and date and disposition; 

(k) d he name and addreaa of any licensing or regulatory 

agency with which the person has filed an 

application for an occupational license or permit, 

whether or not such license or permit was granted; 

(1)' A current photograph; 

(m) Any other information the Tribe deems relevant; and 

(n) Fingerprints consistent with procedures adopted by 

the Tribe according to 25 C.F.R. 522.2(h). 

2. The Tribe shall conduct an investigation sufficient 

to make a determi,nation under subsection D below. In conducting a 

background investigation, the Tribe or its agent shall promise to 

keep confidential the identity of each person interviewed in the 

course of the investigation. 

Eliuibility Determination 

The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of a key employee or primary 

management official for employment in a gaming operation. If the 

Tribe determines that employment of the person poses a threat to 

the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, a 

tribal gaming operation shall not employ that person in a key 

employee or primary management official position. 

E. Procedures for Forwardinu A~~lications and Re~orts for 

Key Em~lovees and Primarv Manauement Officials to the 

~ational Indian Gaminq Commission 
1. When a key employee or primary management official 

begins work at a gMg operation authorized by this Ordinance, the 

Tribe shall forward to the National Indian Gaming Commiseion a 

completed application for employment an3 conduct the background 

investigation andmake the determination referred to in subsection 

D of this section. 

2. The Tribe shall forward the report referred to in 

subsection F of this section to the National Indian Gaming 

Commission within sixty days after an employee begins work or 

within sixty days of the approval of this ordinance by the Chairman 

of the National Indian Gaming Commission. 

3. The gaming operation shall not employ as key 

employee or primary management official ap person who does not have 

a license after ninety days. 

Re~ort to the National Indian '~aminu Commiaeion 

1. Pursuant to the procedures set out in subsection E 

of this section, the Tribe shall prepare and forward to the 

National Indian Gaming commission an investigative report on each 

background investigation. An investigative report shall include 

all of the following: 

(a) Steps taken in conducting a background 

investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(d) The basis for those conclusions. 

2. The Tribe shall submit, with the report, a copy of 

the eligibility 'determination made under subsection D of this 

section. 

3. If a license is not issued to an applicant, the 

Tribe; 

(a) Shall notify the National Indian Gaming 

Commiseion; and 

(b) May forward copies of its eligibility 

determination and investigative report (if any) 

to the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management 

officials, the Tribe shall retain applications for employment and 

reports (3. f any) of background investigations for inspection by' the 

Chairman of the National Indian Gaming Codseion or his or her 

designee for no less than three years from the date of termination 

of employment. 
G. Grantinu a Gaminu License 

1. If, within a thirty day period after the National 

Indian Gaming Commission received a report, the National Indian 

Gaming commission notifies the tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by key employee or a primary management official for whom the Tribe 

has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe may issue a license to 

such applicant. 

2. The Tribe shall respond to a request for additional 

information from the Chairman of the National Indian Gaming 

Commission concerning a key employee or a primary management 

official who is the subject of a report. Such a request shall 

suspend the thirty day period under paragraph GI, of this section 

until the Chairman of the National Indian Gaming receives the 

additional information. 

3. If, within the thirty day period described above, 

the National Indian Gaming Codssion provides the Tribe with a 

statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the Tribe 

has provided ' an application and inves tigative report to the 

National Indian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the 

Tribe receives from the National Indian Gaming Codasion reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under Subsection D above, 

the Tribe shall suspend such license and shall notify in writing 

the licensee of the suspension and the proposed revocation. 

2. The Tribe shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide 

to revoke or to reinstate a gaming license. The Tribe shall notify 

the National Indian Gaming Commission of its decision. 

VIII . License Locations 

The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where Class I1 gaming is 

conducted under this Ordinance. 
Ix. Remeal I 

All prior gaming Ordinances are hereby repealed. 

X. Effective Date. Amendment. Re~eal 

This Ordinance shall be adopted by a mailed ballot vote. A majority 

vote of those actually voting iP such election ahall determine 

pasaage. This Ordinance shall be mended or repealed by a mailed 

ballot vote in whfch two-thirds of thoae actually voting cast a 

vote calling for such amendment or repeal. This Ordinance shall be 

effective upon approval by the National mdiaa Gaming Cdssion. 

CERTIFICATION 

As chairperson and Council of the Cahuilla Band of Indians, we 

do hereby certify that the above Ordinance No. 2 was adopted by 

the General Council of the Cahuilla Band of IndTans on the uth 

day of Septenber 1994, by a duly called and noticed mailed ballot 

vote of 42 for, 5 against and abstaining, and said ordinance 

has not been rescinded or amended in any way. 

Michelle Salgado, chairpbrsox Leroy Salgado, Vice-Chairperson 

Dolores Alvarez, ~ec+edary ~atricia Liera, Council Member 

fl/'..,, 

al, ~#ncil Member 
ATTACHMENT NO. 1 

PROCEDURES FOR BACKGROUND INVESTIGATIONS 

OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 

OF THE CAHUILLA TRIBAL GAMING FACILITY 

1. Res~onsibilitv for the Investiaations. The Cahuilla Band of Indians 

(hereafter Band or Tribe), through the Cahuilla Gaming Commission, appointed by 

the Cahuilla General Council, shall be responsible for ensuring that background 

investigations are conducted concerning all key employees and primary 

management officials, as defined in section 7(A) of the Tribe's Class II Gaming 

Ordinance, of its tribal gaming facility, as required by 25 C.F.R. section 522.2(b). 

2. Conduct of the Backaround Investiaations. The Tribe designates the 

Cahuilla Gaming Commission to conduct said background investigations. 

3. Procedures for the Backaround Investi~ations. In order to provide a basis 

for the Tribe, through its appointed gaming commission, to make a finding 

concerning the eligibility for employment in a gaming operation, said background 

investigations shall include: 

a. Verification by written or oral communication of the information 

submitted by the applicant; 

b. An inquiry into the applicant's prior activities, criminal record, if 

any, and reputation, habits and associations; 

c. Interviews wlth a sufficient number of people such as former 

employers, personal references, and others with sufficient knowledge of said 

applicant; 

d. Documentation setting forth the disposition of all potential problem 

areas and disqualifying information which is obtained; 

e. The obtaining and processing of fingerprints from each applicant. 

The Tribe has created the Cahuilla Police Department, Background's Unit, to assist 

the Gaming Commission, and designates that agency to obtain said fingerprinting, 

and designates the National Indian Gaming Commission to process said fingerprint 

cards through the Federal Bureau of Investigation. 
4. Re~orts Reaardina the Backaround lnvestiaations. Reports regarding all 

background investigations shall be reviewed and approved by the Tribe's gaming 

commission. Said reports shall set forth the following: 

a. The steps taken in conducting the background investigations; 

b. The results obtained. 

c. The conclusions reached; and 

d. The bases for those conclusions. 

5. Submission of Re~orts to Commission. The members of the Cahuilla 

Gaming Commission, appointed by the General Council of the Cahuilla Tribe, shall 

be responsible for submitting the reports referred to above to the National Indian 

Gaming Commission. 
ATTACEWENT NO. 2 

RESOLUTION OF DISPUTES 

1. Dispute Resolution Procedures. 

(a) Whenever a patron of the gaming facility disputes 

the resolution of a conflict by the Manager of the gaming facility 

or its employee(s), whether such dispute concerns payment of 

alleged winnings to a patron or other matters, and the Manager and 

the patron are unable to resolve the dispute to the satisfaction of 

the patron, Manager shall inform the patron of his/her right to 

request that the Cahuilla Gaming Commission conduct an 

investigation. The Cahuilla Gaming Commission shall conduct 

whatever investigation it deems necessary and shall determine what 

resolution of the dispute shall be made. 

(b) Notice to Patrons. Within thirty (3'0) days after 

the date that the Cahuilla Gaming Commission first receives 

notification from the Manager or a request to conduct an 

investigation from a patron, the Cahuilla Gaming Commission shall 

mail written notice by certified mail, return receipt requested, to 

the Manager and to the patron setting forth the decision resolving 

the dispute. 

(c) Effective Date of Decision. The decision of the 

Commission is effective on the date it is received by the aggrieved 

party, as reflected on the return receipt. 

(dl Within thirty (30) days after the date of receipt of 

1 
the written decision of the Commission, the aggrieved party may 

file a written request with the Cahuilla Gaming Commission asking 

for a review of the decision. The Cahuilla Gaming Commission shall 

then set a hearing on the matter to held within fourteen days of 

the receipt of such written request. Any written documentation, or 

names of witnesses to be called, must be provided to the Commission 

at least seven days prior to the hearing date. The Commission shall 

then issue a written decision within seven days of the hearing, and 

shall mail a copy to the patron. The decision of the Cahuilla 

Gaming Commission shall then be final and binding upon the patron 

and Manager, and shall NOT be subject to judicial review or to 

other legal action in Federal, state or tribal court.