I 

I John Neumann 

Director - Gaming 

Lac Vieux 

Lake Superior 

P.O. Box 249 

Choate Road I 

Watersmeet, Michigan 49969 

Dear Mr. Neumann: 

This letter responds o your request to review and approve the 

tribal gaming ordinan e adopted by the Lac Vieux Desert Band of 

Lake Superior Chippew Indians (the Tribe) on April 5, 1994. 

This letter constitut s such approval under the Indian Gaming 

Regulatory Act (1GRA)d 

Under the IGRA and regulations of the National 1ndian Gaming 

Commission (NIGC), Chairman is directed to review ordinances 

with respect to the quirements of the IGRA and the implementing 

regulations. Thus, e scope of the Chairman's review and 

the requirements of the IGRA and the NIGC 

ns other than those required under the IGRA 

or the NIGC s that may be included in a tribal 

ordinance ect to review and approval. Also, such 

approval titute approval of specific games. I 

It is important to node that the gaming ordinance is approved for 

gaming only on ~ndianllands as defined in the IGRA. 

With the Chairman's a proval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and pri ary management officials. The NIGC expects 

to receive a complete application for each key employee and 

primary management of icial pursuant to 25 C.F.R. S 556.5(a) and 

an investigative rep0 t on each background investigation before 

issuing a license to key employee or primary management 

official pursuant to 1 5 C.F.R. S 556.5(b). 

I 

Thank you for submitt ng the ordinance of the Lac Vieux Desert 

Band of Lake Superior Chippewa Indians for review and approval. 

The NIGC staff and I ook forward to working with you and the 

Tribe in im~lementing~the t IGRA. 

I 

Sincerely yours, 

Anthony J. Hope 

Chairman 

j 

I 

WASHINGTON. DC 20036 TEL 202.632.7003 FAX. 202.632.7066 

i 

NAME : 

f

DATE ,. 

NAME I r 
Lac Vieux Desert Band of La, sup or Chippewa Tribal 

P.O. Box 249, Choate Road Watersmeet, Michigan 49969 

906-358-4577 Fax: 906-358-4785 

Executive Oficers: 

John C. McGeshick, Tribal Chairman 

Albert Pete, Vice-Chairman 

Elizabeth Martin, Secretary I 

Harvey White, Treasurer 

Council Members: 

John McGeshick, Jr. 

Michael Hazen 

Jim Williams, Jr. 

Rose Williams 

Helen Smith 

RESOLUTION NO. 94-015 

OF THE 

LAC VIEUX DES~RT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS 

WHEREAS: the Lac Vieux Desert Band of lake Superior Chippewa 

Indians is a federally recognized Indian Tribe 

organized pursuant to the Indian Reorganization Act 

of June 18, 1934 and a constitution and bylaws 

approved by the Secretary of the Interior, and 

WHEREAS: the Tribal Council is empowered to transact 

business and otherwise act on behalf of the Band, 

and . 

WHEREAS: pursGnt to the Indian Gaming Regulatory Act, the 

Band negotiated with the State of Michigan for the 

operakion of a Gaming Compact to permit Class I11 

gaming on the Reservation, and 

WHEREAS: in order to assure the successful operations of the 

Class- I11 gaming compact, the Tribal Council has 

drawn up Gaming Ordinances and Rules and 

Regulations for the gaming operations, and 

WHEREAS: the Tribal Council would like to formally adopt the 

proposed Gaming Ordinances and Rules and 

Regulation. 

THEREFORE BE 1T:RESOLVED: that the Lac Vieux Desert Tribal 

Council formally adopts the Gaming Ordinances and the Rules 

and Reg~lations~for the successful operation of the Class I11 

Gaming Compact. 

CERTIFICATION 

We do hereby certify that this resolution was duly presented 

and voted upon with a vote of ,$ in Favor, -a-~pposed, and / Abstaining, ;at a Regular Trlbal Council Meeting of the 

Lac Vieux Deserq tribal Council, held on April 5, 1994. 

$/di5,- c; /]'+.&., [;&.<--c 

hn C. McGeshick, Tribal Chairman 

, Helen Smith, Act.ing Secretary 
Lac Vieux Desert Band of Lak up r Chippewa Tribal GoveAl~merI, 

P.O. Box 249, ~hoate Road Watersmeet, Michigan 49969 

906-358-4577 Fax: 906-358-4785 

Executive Oficers: 

John C. McGeshick, Tribal Chairman 

Albert Pete, Vice-Chairman 

Elizabeth Martin, Secretary 

Harvey White, Treasurer 

Council Members: 

John McGeshick, Jr. 

Michael Hazen 

Jim Williams, Jr. 

Rose Williams 

Helen Smith 

LAC VEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS 

ORDINANCE NO. 3-94-A 

CLASS I, 11, AND III GAMING ORDINANCE 

1) Operation of Class I gaming shall be carried out solely by the Tribe, according to 

rules and regulations adopted by the Tribal Gaming Commission. 

2) Class I1 and Cl~sIII gaming, shall be regulated by the Tribal Gaming Commission in 

accordance with the Indian Gaming Regulatory Act and the Tribal/ State Gaming 

Compact. 

3) All proceeds of the gaming activities authorized by this ordinance and received by the 

Tribe shall be Bsed to promote the health, education, and welfare of the Tribe. All 

proceeds shall be turned over to the accounting office on the next work day after said 

proceeds are obtained by the operator. 

PAGE 1 
LAC ,VIEUX DESERT BAND OF LAKE SUPERIOR 

CHIPPEWA INDIANS 

CLASS I1 & I11 GAMING ORDINANCE 

I. PURPOSE 

The [Tribal Council ] (hereinafter "Tribe"), empowered by the Tribe's Constitution to enact 

ordinances, hereby enacts, this ordinance in order to set the terms for class I1 and I11 gaming 

operations on tribal lands: 

11. GAMING AUTHORIZED 

Class I1 gamingfs defined in the Indian Gaming Regulatory Act, P.L. 100-447,25 U.S.C. 

Section 2703 (7) (A) ("IGRA) and by the regulations promulgated by the National Indian 

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

12382- 12393, April 9, 1992) is hereby authorized. Class I11 gaming is authorized pursuant to the 

Tribal- State gaming compact signed November 30, 1993. 

111. OWNERSHIP OF GAMING 

The Tribe shall have sole propriety interest in and responsibility for the conduct of any 

gaming operation authoriied by this ~rdinance.~ 

IV. USE OF GAMING REVENUE 

A. Net revenues fiom class I1 and I11 gaming shall be used only for the following purposes: 

to hnd tribal government operations and programs; provide for the general welfare of the tribe 

and its members; promote tribal economic development; donate to charitable organizations; or 

help hnd operations of local government agencies. 

B. If the tribe elects to make per capita payments to tribal members, it shall authorize such 

payments only upon app<oval of a plan submitted to the Secretary of the Interior under 25 U.S.C. 

s 2710 (b) (3).3 

V. AUDIT 

I For class 111 gaming, the appropriate refirence is 25 U.S.C. Section 2703 (8). 2 Ifthe tribe alects to allow individually owned gaming, it shall authorize such gaming in its ordinance 

accordiing to 25 C. F. R. SS 522.10 and 522.1 1. 3 Guidelines to Govem the Review andApprova1 of Per Capita Payments, memorandum to AN Area 

Directorsporn the Assistant Secretary - Indian Affairs, December 21, 1992. I 

PAGE 2 
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 and the 

State of Michigan as provided for in the compact. 

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 I1 and I11 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 EMPLOYEES AND PRIMARY MANAGEMENT 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 and 111 gaming enterprise operated on Indian Lands: 

A. DEFINITIONS 

For the purpose of this section, the following definitions apply: 

1. Kev emolovee means 

(1) Bingo caller; 

(2) Counting room supervisor 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) 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. 

To the extent any additional definitions deal with provisions of the IGRA, those terms are defned by the 

IGRA and the regulations of the National Indian Gaming Commission. 

PAGE 3 
2. P+ary management official means 

(a) The person having management 

responsibilities 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. APPLICATION 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 applicant 

In compliance with the Privacy Act of 1974, the following 

infdrmation 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 operation. 

1ndian 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 investigations or prosecutions or when pursuant to 

a requirement by a tribe or the National Indian Gaming 

Coinmission in connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a 

operation. Failure to consent to the disclosure indicated 

in this notice will result in the tribe's being unable to hire you 

in a primary management official or key 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 

PAGE 4 
shall be notified in writing that they shall either: 

a. Complete a new application form the contains a Privacy 

Act notice; or 

b. Sign a statement that contains a Privacy Act notice and 

consent to the routine uses described in that notice. 

3. The foliowing notice shall be placed on the application form 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 hiring you, or for firing you 

after you begin work. Also, you may be punished by 

: fine or imprisonment. (U. S. Code, title 18, section 100 1 .) 

4. The Tribe shall noti5 in writing existing key employees and primary officials 

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 

I statements. 

C. Background Investigations 

1. The Tribe shall request fiom each primary management official and 

fiom each key employee all of the following information: 

a. Full nke, other names used (oral or written), social security number(s), 

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 interests in those businesses, business and residence 

addresses, and driver 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 (I) (b) of this 

J Unless a tribal-state compact provides that a state has exclusive jurisdiction with respect to conducting 

background investigations and issuing licenses, the background investigations provisons apply to class IZZ gaming. 

I 

PAGE 5 
section; 

d current business and residence telephone numbers; 

e. A description of any existing and previous business relationships with 

Indian Tribes, including ownership interests in those businesses; 

f. A description of any previous or existing 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. 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 

(1) (h) or (1) (i) of this section, the criminal charge, the 

name ahd address of the court involved and the date and disposition; 

k. The name and address 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 otGer information the Tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. s 522.2 (h). 

2. The Tribe shall conduct an investigation sufficient to make a determination 

under subsection D. below. In conducting a background investigation, the Tribe 

or its age& shall promise to keep confidential the identity of each person 

interviewd in the course of the investigation. 

PAGE 6 
D. Eligibility Determination 

The Tribe shq 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 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 @ 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 Forwarding Applications and Reports for Key 

Employees and Primary Management Officials to the National 

Indian Gaming Commission 

1. When a key employee or primary management official begins work 

at a gaming operation authorization by this ordinance, the Tribe 

shall forward to the National Indian Gaming Commission a 

completed application for employment and conduct the background 

investigation and make 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 60 days 

after ai employee begins work or within 60 days of the approval of 

. this ordinance by the Chairman of the National Indian Gaming 

 omm mission. 

3. The gaming operation shall not employ as a key employee 

or primary management official a person who does not have a 

license after 90 days. 

F. Report to the National Indian Gaming Commission 

1. Pursuant to the procedures set out in subsection E of this section, 

Tribe shall prepare and forward to the National Indian Gaming 

Comhission an investigative report on each background investigation. 

an investigation report shall include all of the following: 

a. Steps taken in conducting a background investigation; 

b. : Results obtained; 

PAGE 7 
c. Conclusions reached; and 

d. The bases 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 jicense is not issued to an applicant, the Tribe: 

a. Shall notie the National Indian Gaming Commission; and 

b. May forward copies of its eligibility determination 

and investigation report (if any) to the National 

Indian Gaming Commission for inclusion in the 

andian Gaming Individuals Records System. 

4. With respect to key employees and primary management officials, 

the Tribe shall retain applications for employment and reports (if any) 

of tiackground investigations for inspection by the Chairman of the 

National Indian Gaming Commission or his or her designee for no less 

than three (3) years from the date of termination of employment. 

G. Granting a ahi in^ License 

1. If, virithin a thirty (30) day period after the National Indian Gaming 

commission receives a report, the National Indian Gaming Commission 

Notifies the tribe that it has no objection to the issuance of a license 

application filed by a key employee or a primary management official 

for whom the tribe has provided an application and investigation 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 

report. Such a request shall suspend the 30-day period under paragraph 

G. 1 of this section until the Chairman of the National Indian Gaming 

Commission receives the additional information. 

3. If, within the thirty (30) day period described above, the National 

Indian Gaming Commission 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 investigative report to the National Indian Gaming 

Commission, the Tribe shall make the final decision whether to 

PAGE 8 
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 Commission 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 notie in writing the licensee of the suspension 

and the proposed revocation. 

2. The, Tribe shall notie 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 notif) 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 & III gaming is conducted under this 

ordinance. 

IX. Repeal 

To the extent ithat they are inconsistent with this ordinance, all prior gaming 

ordinances are hereby repealed. 

PAGE 9