Honorable Bob Guenthardt 

Chairman, Little River Band of Ottawa Indians 

1762 U.S. 31 South 

Manistee, MI 49660 ' 

Dear Chairman Guenthardt: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

to review and approve the Little River Band of Ottawa Indians' (Band) amendments to 

the Tribe's Gaming Ordinance, which was submitted on January 19, 2001. The Band, 

by Resolution No. 00-1212-01 on December 12, 2000, adopted the amendments to the 

ordinance. The Chairman of the National Indian Gaming Commission on January 28, 

1997, approved the original ordinance. This letter constitutes approval of the amendments 

under the Indian Gaming Regulatory Act (IGRA). 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, over which the Band exercises 

jurisdiction. 

Thank you for submitting the amendment to the tribal gaming ordinance of the Little River 

Band of Ottawa Indians for review and approval. The NIGC staff and I look forward to 

working with you and the Band in implementing the IGRA. If you have questions or 

require further assistance, please contact Ms. Frances Fragua at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

cc: William J. Brooks, Tribal Attorney 

Little River Band of Ottawa Indians 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington. DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 VVWW.NICC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento, CA; Phoenix, AZ; St. Paul. MN; Tulsa. OK 
Little River Band of Ottawa lndians 

1762 U.S. 31 South 

Manistee MI 49660 

(231 ) 723-8288 :.. 

.J .! (. . 8 .) 

Resolution No. #00-1212-21 

Approving Amendments to Sections 1.1 5,4.04,4.05,4.06 and 5.01 

of the Gaming Ordinance and 

Authorizing Submission of Those Amendments to the 

National lndian Gaming Commission 

WHEREAS, the Tribe's status as a federally-recognized lndian tribe was 

reaffirmed and restored by Congress pursuant to Public Law 103-324, 108 Stat. 

21 56 (25 U.S.C. S1300k et seq.)(hereinafter "Little River Act"); and 

WHEREAS, the Tribe adopted a new Constitution, pursuant to a vote of the 

membership on May 27, 1998, which Constitution became effective upon its 

approval by the Assistant Secretary-Indian Affairs on July 10, 1998; and 

WHEREAS, the Tribal Council, pursuant to Article IV, 7 of the Constitution 

has the power to enact ordinances and resolutions to promote the general welfare 

of the Tribe and its members; and 

WHEREAS, the Tribal Council did, on March 25, 1999, recodify and amend 

the Tribal Gaming Ordinance, Ordinance No. 97-400-01, Ordinance was approved 

by the National lndian Gaming Commission; and 

WHEREAS, the Tribal Council has, in consultation with the Gaming 

Commission, recommended certain amendments to the Gaming Ordinance to 

clarify and correct provisions intended to address conflicts of interest by 

Commissioners; and 

WHEREAS, the Tribal Council believes that the amendments proposed will 

protect the integrity of the Gaming Commission, while permitting a greater number 

of Tribal members to qualify for appointment to the Commission. 

NOW THEREFORE IT IS RESOLVED THAT the Tribal Council of the Little 

River Band of Ottawa Indians hereby approves the following revisions to the Tribal 

Gaming Ordinance: 

SERVING KENT, LAKE, MANISTEE, MASON. MUSKEGON, NEWAYGO, 

OCEANA, OTTAWA AND WEXFORD COUNTIES 

FAX (231) 723-8020 
Resolution No. #00-1212L0( 

Page two 

a. The definition of "Immediate family" is amended to read as follows: 

1.15. lmmediate family. "lmmediate family" means with respect to the person under 

consideration, a husband, wife, father, mother, son, daughter, brother, sister, father-inlaw, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather. 

stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister 

or other persons residing in the same household. 

b. The criteria for disqualification of applicants for appointment to the 

Gaming Commission set forth in Section 4.04, are amended to provide 

as follows: 

4.04. Background Investigation. Before any applicant may be appointed to 

serve on the Gaming Commission, the Tribal Ogema Gcwd shall perform or 

arrange to have performed a comprehensive background check on each 

prospective member. The results of the background checks shall be 

submitted to the Tribal Council when the Tribal Ogema submits hislher 

request for appointment. No person shall serve as a Commissioner if: 

(a) That person's prior activities, criminal records, if any, 

or reputation, habits or associations: 

(0 Pose a threat to the public interest; or 

(ii) Threaten the effective regulation and 

control of gaming; or 

(iii) Enhance the dangers of unsuitable, 

unfair, or illegal practices, methods, 

or activities in the conduct of gaming; 

or 

(b) That person has been convicted of or entered a plea of 

nolo contendere to a felony or any gaming offense in any 

jurisdiction or to a misdemeanor involving dishonesty or 

moral turpitude; or 

(c) That person has a present financial interest in the conduct 

of any Gaming Enterprise; 

(d) That person is an employee of the Gaming Commission; 

(e) That person has a member of his immediate family, residing in the 

same household, who is employed as a primary management 

official or key employee by any Gaming Enterprise regulated by the 

Gaming Commission; or 

(f) Fails to disclose a conflict of interest, as defined in Section 

4.05. 

SERVING KENT. LAKE. MANISTEE. MASON, MUSKEGON, NEWAYGO, 

OCEANA, OTTAWA AND WEXFORD COUNTIES 

FAX (231) 723-8020 
Resolution No. #00-1212-21 

Page three 

In the event a disqualifying event, as defined in paragraph (c), (d) or 

(e) of this Section 4.04 occurs after the date a person's appointment 

to the Gaming Commission has been confirmed by the Tribal 

Council, that Commissioner may continue to serve on the 

Commission for up to 120 days after the date the disqualifying 

event occurred so that the Tribal Ogema may begin the process of 

submitting a new candidate for appointment to the Gaming 

Commission. In the event of any other disqualifying event, as 

defined in this Section, the Tribal Council may take immediate steps 

to remove that Commissioner. 

The conflict of interest provisions in Section 4.05 are amended to permit 

Tribal members, whose immediate family members are employed at a 

gaming facility regulated by the Tribe, to serve on the Gaming 

Commission provided such family members do not reside in the same 

household and the member discloses all potential conflicts of interest. 

New language would be added to this Section requiring Commissioners 

to refrain from participating in decisions that involve a conflict of interest. 

The amended Section 4.05 would read as follows: 

4.05. Conflict of Interest. 1 . . 

No person shall serve as a Commissioner if that person is a 

member of the Tribal Council or a judge of the Tribal Court. Persons nominated 

for appointment to the Gaming Commission must, prior to hislher 

appointment, disclose the names and addresses of hislher immediate family 

members, whether such immediate family members are employed at any 

Gaming Enterprise regulated by the Gaming Commission, and whether 

helshe or a member of hislher immediate family has a financial interest in any 

Gaming Service business. Gaming Commissioners are prohibited from 

participating in making decisions, which involve balancing personal financial 

interests or the interests of members of that Commissioner's immediate 

family, other than interests held in common by all Tribal members, against the 

interests of the Gaming Commission or the Tribe. Failure to disclose a 

conflict of interest, or to refrain from participating in decisions that involve a 

conflict of interest, shall be grounds for removal of a Commissioner pursuant 

to Section 4.07 of this Ordinance. 

c. New language would be added to Section 4.06, requiring execution of a 

written oath of office, which would read as follows: 

4.06. Oath of Office. Immediately upon appointment, the kieal 

Ogema shall administer the oath of office to the members 

of the Gaming Commission which oath of office shall include a 

commitment to uphold the Constitution and laws of the Little River Band 

of Ottawa Indians and to perform faithfully and diligently the duties and 

responsibilities of the Gaming Commission. 

SERVING KENT, LAKE. MANISTEE, MASON, MUSKEGON. NEWAYGO. 

OCEANA, OlTAWA AND WEXFORD COUNTIES 

FAX (231) 723-8020 
Resolution No. #00-1212-01 

Page four 

Each person appointed to the Gaming Commission shall sign an oath of 

office, which designates the date of that appointment and the date upon 

which that appointment expires. 

d. New language would be added to Section 5.01(c), to permit Gaming 

Commissioners to receive a stipend or other compensation, provided 

those amounts are included in the budget approved for the Commission, 

which would read as follows: 

5.01 . Meetings. 

(a) Regular Meetings. The Gaming Commission shall hold at 

least one regular monthly meeting which shall take place at a 

suitable time and place determined by the Gaming Commission. 

(b) Special meetings. Special meetings may be called at the request of 

the Chairman of the Gaming Commission or three (3) members of the 

Gaming Commission. 

(c) Compensation of Commissioners. Commissioners may receive a 

stipend for their service on the Commission in accordance with the 

budget approved for the Gaming Commission 

IT IS FURTHER RESOLVED THAT the Tribal Council hereby directs the 

Tribal Attorney to submit a copy of this Resolution, together with a copy of the 

proposed amendments to the National Indian Gaming Commission requesting the 

Chairman's approval of these amendments. 

CERTIFICATE OF ADOPTION 

I do hereby certify that the foregoing resolution was duly presented and 

adopted by the Tribal Council with & FOR, &AGAINST, 2 ABSENT, and 

- WBSTAINING, at a Regular Session of the Little River Band of Ottawa 

Indians Tribal Council held at the Little River Band Community Center on 

December 12, 2000, with a quorum being present for such vote. 

Charles Fisher, Council Recorder 

Attest: 

SERVING KENT, LAKE, MANISTEE, MASON, MUSKEGON, NEWAYGO. 

OCEANA, OTTAWA AND WEXFORD COUNTIES 

FAX (231 ) 723-8020