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(The remainder of Section 6.4.7 shall remain as currently adopted.)
6. The first sentence of Section 6.4.8 of the Gaming Ordinance shall be revised as follows:
“Meetings of the Gaming Commission shall be held at least every other
month in conjunction with, and at the location of, the Tribal Business
Committee meeting ("Scheduled Meetings")."

(The remainder of Section 6.4.8 shall remain as currently adopted.)

CERTIFICATION

By a vote of the General Council of the San Manuel Band of Mission Indians, at a duly noticed
meeting at which a quorum was present, held at approximately 5:00 p.m. on September 28, 1999 on the
San Manuel Indian Reservation, the above recited resolution was passed by a vote of 51"for," _ "against,"
and _» "abstention(s).”

Dated: September 28, 1999 pen ee

HENRY DURO
Tribal Chairman

(02-1/Sen Mscuel Resotation


NATIONAL

INDIAN

GAMING

Commission MAR 10 2000

Sandra E. Marquez, Gaming Commissioner
San Manuel Tribal Gaming Commission
P.O. Box 70

Patton, California 92369

Dear Ms. Marquez:

This letter responds to your request for the National Indian Gaming Commission’s (NIGC) review and
approval of the amendments to the San Manuel Band of Mission Indians (Band) gaming ordinance
submitted on December 16, 1999. The Band, by a Resolution, adopted the amendment to the ordinance
on September 28, 1999. The original ordinance was approved by the Chairman of the NIGC on
January 10, 1995. This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA) of the
ordinance submitted on December 16, 1999.

Although the NIGC has approved these amendments, we note, with some concern, Section 6.4.1
on the composition of the San Manuel Gaming Commission. In particular, we are concerned that at least
one member on the Gaming Commission shall be a member of the San Manuel General Council.
Since the date the Band passed its amendments, the NIGC has issued Bulletin No. 99-3 on the importance
of the independence of tribal gaming commissions (October 12, 1999).

This Bulletin, entitled Independence of Tribal Gaming Commissions, “encourages tribes
to review their responsibilities and procedures in respect to gaming regulation and consider whether
their tribal gaming commission operates in a sufficiently independent manner.” The Bulletin suggests that
no members of a tribal council should serve on the tribal gaming commission, but in the amendment,
the San Manuel Gaming Commission will consist of at least one member of the San Manuel
General Council. As indicated in the Bulletin, allowing tribal council members to serve on the
gaming commission does not promote gaming commission independence. We would ask that the Band
consider the advantages of having a GamingCommission that is fully independent from the
Tribal Council. Enclosed please find a copy of NIGC Bulletin No. 99-3.

Thank you for submitting the amendments to the tribal gaming ordinance of the San Manuel Band of
Mission Indians for review and approval. The NIGC staff and I look forward to working with you and
the Community in implementing the IGRA. If you have questions or require further assistance,
please contact Ms. Frances Fragua at 202/632-7003.

Sincerely yours,

Montie R. Deer
Chairman

Enclosure

1441 L_ STREET, N.W. STHFLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX: 202-632-7066

‘ '


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-

CERTIFICATE
OF
RESOLUTION

GENERAL COUNCIL
OF THE
SAN MANUEL BAND OF MISSION INDIANS

@o3

WHEREAS, the Tribe adopted the San Manuel Gaming Act of 1989 ("Gaming Ordinance") and
amendments thereto to regulate gaming activities on Tribal lands; and

WHEREAS, the Gaming Ordinance provides that the Gaming Commission shall consist of three
commissioners, elected and removed by the Tribe’s General Council, and providés for commissioner terms
and qualifications and specifies how the Gaming Commission shall conduct business, and

WHEREAS, the Tribe wishes to amend those provisions in order to allow the Commission to
conduct business effectively and fairly in circumstances where the Commission consists of fewer than three
commissioners;

NOW THEREFORE, the Tribe adopts the changes indicated below, a redline copy of which is
attached, to amend specific provisions of the Gaming Ordinance:

1

Section 6.4.1 of the Gaming Ordinance shall be revised as follows:

"The Tribe hereby establishes the San Manuel Gaming Commission to be
composed of no more than three commissioners, at least one of which shall
be a member of the San Manuel General Council, One commissioner or, in
the alternative, a member of the San Manuel Gaming Commission staff, shall
be designated as Secretary/Treasurer to the Commission. All commissioners
shall be appointed and removed by the General Council. At least one
Commission position shall be considered a full-time position. The person
designated by the General Council to be Chairman shall be a full-time
commissioner, Other commissioners may be part-time and either paid as
such or may be reimbursed a set amount for each day actually served.

Commissioners shall serve for three (3) year terms, which shall be
determined from the date of appointment, and may serve for more than one
term if re-appointed, and shall serve past the expiration of any term until
replaced or removed. A commissioner may not be an elected official of the
Tribe, employed in any Gaming Enterprise or by the Tribe in any other
capacity while serving as a Gamng Commissioner. Gaming commissioners
and Commission staff shall be prechided from consulting or employment in
any position with the Tribe’s gaming activities, including bingo or casino
gaming, for a period of no less than two (2) years from their date of

(02-V/Sag Manuel Resolution



12/16/99 12:26 FAX Wot

termination at the Commission.”
2. - The last sentence of Section 6.4.3 of the Gaming Ordinance shall be revised as follows: —

"Good cause shall include repeated (at least three or more) failures to attend
required Gaming Commission meetings.”

(The remainder of Section 6.4.3 shall remain as currently adopted.)
3. Section 6.4.4 of the Gaming Ordinance shall be revised as follows:

“Two (2) members of the Gaming Commission shall constitute a quorum for
the purpose of conducting Commission business, provided that nothing
herein sball preclude the Chairman of the Commission from conducting
Commission business if notice of the mesting has been provided in a timely
manner reasonably calculated to provide proper notice to all commissioners,
and no commissioner has objected to the meeting. If any commissioner has
a conflict of interest in investigating, hearing or deciding a matter to come
before the Gaming Commission, such as matters involving a member of the
commissioner’s household or immediate family (parent, sibling, child or
spouse), that commissioner shall recuse hiraself or herself for that matter.

When only the commissioner with a possible conflict is available to sit on
the matter before the Commission, that commissioner shall recuse himself or
herself and request the Tribe’s Business Committee to serve as the Gaming
Commission only for the purposes of that matter, with the exception of
licensing matters, in which case the investigation shall be conducted under
the direction of the Tribe’s attomey through the process established in 6.4.2
of this Gaming Ordinance. All such marters shall be handled fairly and
impartially."

4. The first sentence of Section 6.4.6 of the Gaming Ordinance shall be revised as follows:

“All actions of the Gaming Commission shall be taken by majority vote of
commissioners present.”

(The remainder of Section 6.4.6 shall remain as currently adopted.)
5. ‘The second sentence of Section 6.4.7 of the Gaming Ordinance shall be revised as follows:

"Any commissioner employed on a full-time basis shall agree to be employed
in accordance and consistent with policies set forth for other Tribal
government employees, and shall be eligibie for the same fringe benefits as
such other full-time Tribal goverament employees, and to strictly abide by
Commission oaths of confidentiality avid professionalism in the discharge of
their duties."

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