AUG 2 8 1995

MENOMINEE NATION

MENOMINEE TRIBAL LEGISLATURE

AMENDMENT TO ORDINANCE NO. 93-30

GAMING CODE

FINAL APPROVAL

An amendment to reduce the number of members on the Commission from seven to three; to clarify

the role of the Director of the Commission; and to make other technical clarifications/corrections.

BE IT ORDAINED BY THE LEGISLATURE OF THE MENOMINEE INDIAN TRIBE OF WISCONSIN:

1. PURPOSE.

1 .01 Menominee Nation Ordinance No. 93-30, entitled the Gaming Code, which was

enacted into law on January 20, 1 994 by the Menominee Tribal Legislature, established

the Menominee Tribal Gaming Commission (hereinafter, the Commission); a regulatory

body organized and empowered therein to issue Class I, II, and Ill gaming rules and

regulations and issue gaming licenses consistent with applicable Tribal, State, and

Federal laws.

1 .02 The Commission is funded solely by the Menominee Tribal Legislature, the duly elected,

governing body of the Menominee Indian Tribe of Wisconsin (the Tribe). In its efforts

to streamline and down-size government, the Tribe has determined that the Commission

can continue to efficiently operate in a manner which is more cost effective if the

Commission membership is reduced from seven members to three.

2. AMENDMENTS TO MENOMINEE NATION ORDINANCE NO. 93-30.

2.01 Chapter II, Section 2.03 is hereby amended to read as follows:

The Menominee Tribal Gaming Commission is hereby established. The

Commission shall consist of seven (7) three (3): members appointed to

serve thr~ee yearterms by a majority vote of the Legislature. Only enrolled

members of the Tribe may be appointed to the Commission. A

commissioner shall serve for three (3) years and may be removed from

office prior to the end of his term ef4p~ for cause by a unanimous vote of

the Legislature following a public hearing, or may be removed for the

purpose of changing the number of commissioners pürsüant to

amendment of this ordinance. In order to establish an annually staggered

Commission appointment schedule similar to that of the Legislature, the

first commi3sioner3 shall be appointed by the Legislature as follows: three

(3) members shall serve three (3) year terms, two (2) shall serve two (2)

year terms end two (2) shall serve a one (1) year term for the initial

appointment tcrm3 only. Thereafter, all successive terms of appointment

shall run for three (3) years. Vacancies shall be filled within thirty (30)

doy3 by, the Legislature. The terms of office of the newly appointed

Commissioners shall expire on Auqust 17, 1998 and every third

year the~eafter. Upon the expiration of a commissioners term, upon
resignation of a commissioner, or upon removal of a commissioner as

providea for under this subsection, the MTL shall appoint his or her

succes~or by majority vote.

2.02 Chapter II, Section 2.08 is hereby amended to read as follows:

A quorum shall consist of four (4 two (2) members of the Commission.

Alt decisions shall be made by a majority vote of the Commission, unless

indicated otherwise in this code.

2.03 Chapter II, Section 2.14 is hereby amended to read as follows:

Should an applicant file written objections to the determination of the

Commission within twenty ten (10) working days of receiving written

notice of such determination, the Commission shall hold a hearing to

review its decision, within three (3 seven (7) working days from the date

of the filing of such objections. At the hearing, the burden shall be on the

applicant to show cause why the Commissions determination was

incorrect. Following such hearing, the Commission shall, within three (3

seven ~7) working days reach a determination concerning:

The remainder of this section remains unaffected by this amendment.

2.04 Chapter II, Section 2.1 5 is hereby amended to read as follows:

Within three (3 seven (7) working days following this determination, the

Commission shall inform the subject in writing of that determination.

2.05 Chapter II, Section 2.17, first sentence is hereby amended to read as follows:

The Legislature, with the advice and con3ent of thc Commission shall

appoint a Director who shall be responsible for the day-to-day

management of the affairs of the Commission as well as overseeing the

establishment and operation of all gaming activities.

2.06 Chapter Il, Section 2.19 is hereby amended in its entirety to read as follows:

(a) The Director shall be terminated immediately and without the

necessity of a vote of the Legislature upon the Directors

conviction in a federal, state, or tribal court of competent

jurisdiction for any of the following:

1. Any felony;

2. Any misdemeanor related to illegal gambling or bribery;

3. Any charge that the Legislature finds relates to the Directors

honesty, or ability to fulfill his duties; or

4. Any violation of any part of this code.

(b) Upon the majority vote of the Legislature, the Director may be

terminated for inadequate performance of the duties required to be

:GAME933O.AMM - 2 -REV: July 31, 1995

Amendment to Gaming Code; MNO No. 93-30 FINAL APPROVAL 08/17/95
performed or may additionally be terminated for associations or

conduct that would tend to bring the gaming operation into

disrepute.

(c) In addition to the above, the Director may be terminated pursuant to

Menominee Nation Ordinance No. 83-6 and/or for violation of his

contract

2.07 Chapter II, Section 2.23, sixth sentence on through to the end of the paragraph, is

hereby amended to read as follows:

...The Commission and the Director shall each keep and maintain a

confid~htiàl file of all applications for licenses under this chapter, together

with a record of all action taken with respect to such applications. The

Commission and the Director shall keep and maintain such other files and

records as they may deem desirable and all such records may be open to

public inspection as they may deem appropriate, provided that the annual

Commission budget shall be made available to any tribal member upon

demand. All records shall be open to inspection by the Commission and

Directc~r at anVtime~

2.08 Chapter II, Section 2.24 is hereby amended to read as follows:

Any person who engages in activities on property subject to the

provisions of this Gaming Code without a license, in violation of any

license or terms imposed thereon, in violation of terms of suspension, or

in violation of the Code, including any person who unlawfully trespasses

upon any premises licensed by this Code without the consent of the

licensee and/or the Commission shall be guilty of a crime and referred to

the Prosecutors Office within one year of the violation andbe punished

in accordance with the provisions of Section 2.26 hereinafter.

2.09 Chapter ii, Section 2.25 is hereby amended to read as follows:

No fine shall be assessed nor any action taken for any violation under the

preceding section unless a charge is filed in proper form with the Tribal

Court within two (2 one (1) yeare of the commission of the offense.

2.10 Chapter II, Section 2.28 is hereby amended in its entirety to read as follows:

The Commission is authorized to use the services of any Tribal law

enforcement officer to perform services reasonably necessary to assure

compliance with the provisions of this Code only. Said special services

of enforcement and surveillance shall be under the authorization and

direction of the Director, unless otherwise determined by the Commission.

This section shall in no way be deemed to limit the normal law enforce

ment functions of these or other tribal law enforcement officers not so

authorized.

:GAME933O.AMM - 3 - REV: July 31. 1995

Amendment to Gaming Code; MNO No. 93-30 FINAL APPROVAL 08/1 7/95
2.11 Chapter III, Section 3.03(a)(3) is hereby amended to read as follows:

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 (2) of this

section;

2.12 Chapter III, Section 3.03(a)(10) is hereby amended to read as follows:

For each criminal charge (excluding minor traffic charges) whether or not

there is a conviction, if such criminal charge is within 10 years of the date

of the application and is not otherwise listed pursuant to paragraph (

(8) or ~1)(l (9), of this section, the criminal charge, the name and address

of the court involved and the date and disposition;

2.13 Chapter III, Section 3.04(a) is hereby amended to read as follows:

The Commi3sion Director shall conduct an investigation sufficient to

make a determination under Section 3.05. In conducting a background

investigation, the Commission Director and its agents shall keep

confidential the identity of each person interviewed in the course of the

investigation.

2.14 Chapter III, Section 3.04(d) is hereby amended to read as follows:

The Commi3siofi Director is primarily responsible for the conduct of the

background investigations and suitability determinations, in consultation

with the National Indian Gaming Commission and/or the State of

Wisconsin where appropriate.

2.15 Chapter Ill, Section 3.06(f), last sentence of the paragraph is hereby amended to read

as follows:

The Commission shall, by majority vote Of the COmmission, make the

final decision whether to issue a license to such applicant.

2.1 6 Chapter III, Sections 3.1 5(c) and 3.1 5(d) are hereby renumbered to sections 3.1 5(d) and

3.15(e), respectively, and the following section numbered 3.15(c) is inserted after

section 3.15(b), which reads as follows:

The licensee shall advise the Director, within five (5) business days of

being charged or receiving a summons, of any criminal charges

(misdemeanor or felony), other than minor traffic violations, which are

filed against the licensee. The licensee shall keep the Director advised of

the status of the matter including any disposition or any other related

written documents the Director may request.

:GAME933O.AMM -4 -

REV: July 31, 1995

Amendment to Gaming Code; MNO No. 93-30 FINAL APPROVAL 08/17/95
3. COMMISSIONERS; REMOVAL AND REPLACEMENT.

3.01 The existing members of the Commission are hereby removed and replaced as provided

for in § 3.02 below.

3.02 Pursuant to Chapter II, Section 2.03 of Menominee Nation Ordinance, the succeeding

commissioners of the Commission shall be:

Lloyd M. Waukau , who shall be a member of the Commission, and

whose term shall expire three years upon the adoption of this ordinance as provided for

in § 4 of this amendment thereto;

Joan M. Boyd , who shall be a member of the Commission, and

whose term shall expire three years upon the adoption of this ordinance as provided for

in § 4 of this amendment thereto; and

Max R. Dixon ,who shall be a member of the Commission, and

whose term shall expire three years upon the adoption of this ordinance as provided for

in § 4 of this amendment thereto.

4. EFFECTIVE DATE OF AMENDMENTS. The foregoing amendment shall take effect immediately

upon final passage of the Menominee Tribal Legislature.

CERTIFICATION

The undersigned officer of the Menominee Tribal Legislature do hereby certify that the foregoing

amendment to Menominee Nation Ordinance No. 93-30, entitled Gaming Code, was duly

adopted at a regular meeting of the Menominee Tribal Legislature held on August 1 7,

1 995, at which a quorum was present, by a vote of 7 for, 0 opposed, 0 abstentions, and

1 absent.

The undersigned further certify that the foregoing ordinance and amendment was posted in accordance

with the Menominee Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin.

OH H. 1tLL~R, CHAIRMAN

EN MINEE TRIBAL LEGISLATURE

DATE

i~-~-~, o~,

LESLIE PENASS, SECRETARY

MENOMINEE TRIBAL LEGISLATURE

:GAME933O.AMM

Amendment to Gaming Code; MNO No. 93-30

REV: Juy 31, 1995

FINAL APPROVAL 08/1 7/95