Mr. Brian Cladoosby, Chairman 

Swinomish Indian Senate 

Swinomish Tribal Community 

P.O. Box 817 

LaConner, WA 98257 

Dear Chairman Cladoosby: 

On August 23,20 10, the Bureau of Indian Affairs Acting Northwest Regon 

Director forwarded a copy of the Swinomish Indian Tribal Community" gaming 

ordinance amendment, Ordinance # 272, enacted by the Tribal Senate on May I 1,2010, 

for National Indian Gaming Commission review and approval. 

The Amendment, which puts in place empIoyee whistleblower protection, is 

consistent with the requirements of the Indian Gaming Regulatory Act (IGRA) and the 

NlGC's implementing regulations and is therefore approved. 

Thank you for submitting the Amended Gaming Ordinance for review and 

approval. The NIGC staff and I Iook forward to working with you and the Tribe on 

future gaming issues. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

cc: Scott Aikin, Acting Northwest Region Director, Bureau of Indian Affairs 
SWNOMISR INDIAN TRIBAL COMMUN'ITY 

SWINQMISH INDIAN RESERVATION 

ORDINANCE AMENDING STC TITLE 16, CHAPTER 6 OF ORDINANCE NO. 171: 

SWXNOMISH GAMING ORDINANCE 

WHEREAS, the Swinomish Indian Tribal Community (the "Tribe") is a federally 

recognized lndian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of 

1934 (25 U.S.C. $476); and 

WHEREAS, the Tribe is organized under a Constitution and By-Laws originally ratified 

by the Tribe on Novembers 16, 1935, and approved by the Secretary of the Interior on January 

27, 1936, and as most recently amended and ratified by the Tribe on September 7, 1985 and 

approved by the Secretary of the Interior on October 22, 1985; and 

WHEREAS, the Swinomish lndian Senate (the ""Senate") is the duly eIected governing 

body of the Swinomish Indian Tribal Community and exercises governmental authority over all 

lands and waters within the Swinornish Indian Reservation; and 

-REAS, this Ordinance is enacted pursuant to the authority found in Article VI, 

Sections 1 (k) and (0 of the Constitution; and 

WHEREAS, the Swinomish Gaming Commission recommends that amendments be 

made to Title 16, Chapter 6, as described below, and that this Ordinance be enacted by the 

Senate; 

WHEREAS, the Swinomish Gaming Commission finds that the amendments to this 

Ordinance wi lZ foster the protection of casino assets by enhancing its regulatory ability; and 

WHEREAS, the Senate has reviewed the suggested changes to Title 16, Chapter 6, and 

desires to adopt this new Ordinance amending STC Title 16, Chapter 6 of Ordinance No. 171; 

NOW THEREFORE, 

RE IT ENACTED RY THE SWOMTSH INDIAN SENATE that STC Title 16, 

Chapter 6 of Ordinance No. 1 7 1 is hereby amended pursuant to the authority of the Swinornish 

Constitution and By-Laws as follows: 

Add a new Section 16-06.060, as follows: 

16-06.060 Whistleblower Protection, 

(A) A casino/bingo employee or official shall not directly or indirectly use or attempt to use 

the employee or official's official authority or influence to take, fail to take, or threaten to take or 

Ordinance No. -7 22 - 

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fail to take, a personnel action with respect to any casino employee because that employee 

disclosed, or is believed to have disclosed, any information to the Swinomish Gaming 

Commission, its agents or employees, where: 

(1) the information was requested by an agent or employee ofthe Commission in the 

course of performing Commission duties; or 

(2) the employee disclosing the information seasonab1 y believes that the information 

relates to a vielati on of law, rule or regulation; gross mismanagement; gross waste 

of funds or assets; abuse of authority; or a threat to the integrity of casino 

operations. 

(B) The Commission shall have jurisdiction to enforce the provisions of this section. The 

Commission may take or order the casino to take corrective action to prevent or redress a 

violation of this Section. Such redress may include reversing the action taken, taking an action 

the violating official failed to take, taking any action against the violating employee or official 

authorized under this Title, and awarding back pay or other compensation or benefit to which the 

aggrieved employee would have been entitled but for the violation. 

(C) A violation of this Section may be established by circumstantial evidence. It is sufiicient 

to show that the violation was a contributing factor to the action taken. A violation is established 

when there is evidence that: 

{I) the casino employee or official knew or believed that a disclosure occurred; and 

(2) the personnel action in question occurred within a period of time such that a 

reasonable person could conclude that the disclosure was a contributing faction to 

the personnel action. 

(D) An employee must make a reasonable attempt t~ ascertain the correctness of the 

information furnished to the Commission and may be subject to Commission action, including 

suspension or revocation of any license, for knowingly furnishing false information. 

Swinomish Indian Senate 

Approved pursuant to 09 DM 8, 

230 dm 1,3 IAM 4,4a 

Ordinance No, 2 ?A 

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