Virginia Jacobson 

Chairperson 

Forest County Potawatomi Gaming Commission 

P.O. Box 340 

Crandon, Wiscqnsin 54520 

Dear Chairperson Jacobson: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on August 9, 1993, and amended 

by letter dated October 15, 1993, for the Forest County 

Potawatomi Tribe of Wisconsin (the Tribe). This letter 

constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . 

Ur~der, the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

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

approval is limited to the requirements of the IGRA and the 1 NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that while we have approved the Tribe's 

gaming ordinance, the Tribe must still modify the description of 

procedures for conducting background investigations on key 

employees and primary management as discussed with the NIGC 

staff. Also, the gaming ordinance is approved for gaming only on 

Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

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

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. 5 556.5(b). 

1850 M STREET N W SUITE 250 WASHINGTON DC 20036 TEL 202.632 7003 FAX 202-632-7066 
Thank you for submitting the ordinance of the Forest County 

Potawatomi Tribe for review and approval. The NIGC staff and I 

look forward to working with you and the Tribe in implementing 

the IGRA. 

Chairman 
POTAWATOMI 

(Keeper of the Fire) 

RESOLUTION NO. GCCWq.3 

WHEREAS, the Forest County Potawatomi Community is a duly constituted 

tribal government in accordance with all the provisions of the 

Forest County Potawatomi Constitution and By-Laws adopted on 

June 5, 1982 pursuant to the Indian Reorganization Act of June 

18, 1934 (P.L. 73-383), and 

WHEREAS, the National Indian Gaming Commission has provided to the 

Forest County Potawatomi Community a Model Gaming Ordinance, 

and 

WHEREAS, the General Council of the Forest County Potawatomi Community 

approves the Model Gaming Ordinance, and desires to utilize 

the Gaming Commission of the Forest County Potawatomi Tribe 

to implement that Ordinance, NOW THEREFORE BE IT 

RESOLVED, that the General Council of the Forest County Potawatomi 

Community does herewith approve and adopt the Forest County 

Potawatomi Community Gaming Commission, created by Resolution 

No. GCB(~-Q~ of the General Council of the Forest County Potawatomi Community shall continue to have the composition, authority, 

and responsibility given to it by that Resolution, and shall 

continue to be subject to the limitations imposed upon it in that 

Resolution. 

I 

CERTIFICATION 

I, br , the undersigned Secretary of the Forest County 

Pot&watom~Ge?e#?o%cil do hereby certify that d3_ members constituted 

quorum at a meeting duly called, convened, and held on the dq-th day of 

July 1993 and that said resolution was duly adopted by an affirmative vote 

of )q members for, 0 members against, and 0 members abstaining 

and that said resolution was not rescinded or amended in any way. :.\, 

General Council Secretary 

Forest County Potawatomi 
FOREST COUNTY POTAWATOMI COMMUNITY 

CLASS I1 AND CLASS I11 GAMING ORDINANCE 

The General Council of the Forest County Potawatomi community 

(hereinafter I1Tribel1), empowered by the constitution of the Tribe 

to enact ordinances, hereby enacts this ordinance in order to set 

the terms for class I1 and class I11 gaming operations on tribal 

lands. 

11. Gaminq Authorized 

Class I1 and Class I11 gaming as defined in the Indian Gaming 

Regulatory Act, P.L. 100-447, 25 U. S.C. Section 2703 (7) (A) (I1IGRAl1) 

and by the regulations promulgated by the National Indian Gaming 

Commission at 25 C.F.R. Section 502.3 (as published in the Federal 

Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized. 

111. Ownershiv and Administration of Gaminq 

The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation authorized 

by this ordinance. The Gaming Commission "the Gaming Commissionn 

of the Forest County Potawatomi Community shall continue have the 

composition, term, authority, responsibility, and limitations 

established in Resolution ofthe General Council 

of the Forest County Potawatomi Community, -. and the provisions of 

that Resolution are -herewith affirmed. - 

IV. Use of Gaminq Revenue 

A. Net revenues from Class I1 gaming shall be used only for 

the following purposes: to fund tribal government operations and 

programs; provide for the general welfare of the Tribe and its 

members; promote.triba1 economic development; donate to charitable 

organizations; or help fund 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 approval of a 

plan submitted to the Secretary of the Interior under 25 U.S.C. 

Section 2710(b) (3). 

V. Audit 

A. The Gaming Commission 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. 
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 

The Gaming Commission shall ensure that class I1 and class 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 KeV Employees and Primarv Manaqement Officials 

The Gaming Commission shall ensure that the policies and 

procedures set outin this section are implemented with respect to 

key employees and primary management officials employed at any 

class I1 or class I11 gaming enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following 

definitions apply: 

1. Kev emplovee means 

(a) A person who performs on or more of the 

following functions: 

(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 

(10) Custodian of gambling devices 

includingpersonswith access to cash 

and accounting records within such 

devices; or 

(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. 
(d) Any other person determined by the Gaming 

Commission, i n i t s 

Regulations, to be a Key Employee. 

2. Primary manaaement official means 

- 

(a) The person having management 

responsibility 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. ADDlication Forms 

1. The following notice shall be placed by the Gaming 

Commission 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 

information 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. The information will be used by National 

Indian 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 agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National 

Indian Gaming Commission 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 gaming operation. Failure to 

consent to the disclosures indicated in this notice will 

result in a 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 .- 

3 
officials shall be notified in writing by the Gaming Commission 

that they shall either: 

a. Complete a new application form that contains a 

Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act notice 

and consent to the routine uses described in that 

notice. 

3. The following notice shall be placed by the Gaming 

Commission 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 1001.) 

4. The Gaming Commission shall notify in writing 

existing key employees and primary management 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 statements. 

C. Backaround Investiqations 

1. The Gaming Commission shall request from each primary 

management official and from each key employee all of the following 

information: 

a. Full name, 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 drivers 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 (l)(b) of 

this section; 

d. Current business and residence telephone numbers; , - 

4 
e. A description of any existing and previous business 

relationships with Indiantribes, including ownership 

interests in those businesses; 

f. A description of any existing an previous 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 paragraph (1) (h) or (1) (i) of this 

section, the criminal charge, the name and 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 other information the Tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by 

the Tribe according to 25 C.F.R. Section 522.2(h). 

2. The Gaming Commission shall conduct an investigation 

sufficient to make a determination under subsection D. below. In 

conducting a background investigation, the Gaming Commission or its 

agent shall promise to keep confidential the identity of each 

person interviewed in the course of the investigation. 

D. Elisibilitv Determination .- 

5 
The Gaming Commission shall 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 in a gaming 

operation. If the Gaming Commission determines that 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 

in 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 Forwardins Applications and Reports for Key 

Em~lovees and Primary Manaqement Officials to the National 

Indian Gamina Commission 

1. When a key employee or primary management official begins 

work at a gaming operation authorized by this ordinance, the Gaming 

Commission 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 Gaming Commission shall forward the report referred to 

in subsection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

60 days of the approval of this ordinance by the Chairman of the 

National Indian Gaming Commission. 

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 Gamins commission 

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

section, the Gaming Commission shall prepare and forward to the 

National Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include 

all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

2. The Gaming Commission shall submit, with the report, a .- 

6 
copy of the eligibility determination made under subsection D of 

this section. 

3. If a license is not issued to an applicant, the Gaming 

Commission: 

a. Shall notify the national Indian Gaming omm mission; 

and 

b. May forward copies of its eligibility determination 

and investigative report (if any) to the National 

Indian Gaming Commission for inclusion in the Indian 

Gaming Individuals Records System. 

4. With respect to key employees and primary management 

officials, the Gaming Commission shall retain applications for 

employment and reports (if any) of background 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. Grantins a Gamins License 

1. If, within a thirty (30) day period after the National 

Indian Gaming Commission receives a report, the National Indian 

Gaming Commission notifies the Gaming Commission that it has no 

objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management 

official for whom the tribe has provided an application and 

investigative report to the National Indian Gaming commission, the 

Gaming Commission may issue a license to such applicant. 

2. The Gaming Commission 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 a 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 Gaming Commission 

with a statement itemizing objections to the issuance of a license 

to a key employee or to a primary management official for whom the 

Gaming Commission has provided an application and investigative 

report to the National Indian Gaming commission, the Gaming 

Commission shall reconsider the application, taking into account 

the objections itemized by the National Indian Gaming Commission. 

The Gaming Commission shall make the final decision whether to 

issue a license to such applicant. 
H. License Sus~ension 

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 Gaming Commission shall suspend such license and shall notify 

in writing the licensee of the suspension and the proposed 

revocation. 

2. The Gaming Commission shall notify the licensee of a time 

and a place for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Gaming Commission shall 

decide to revoke or to reinstate a gaming license. The Gaming 

Commission shall notify the National Indian Gaming omm mission of 

its decision. 

VIII. License Locations 

The Gaming Commission shall issue a separate license to each 

place, facility, or location on Indian lands where class I1 or 

Class I11 gaming is conducted under this ordinance. 

IX. Re~eal 

To the extent that they are inconsistent with this ordinance, 

all prior gaming ordinances are hereby repealed. 

Compliance with Tribal-State Comvact 

The Gaming Commission shall adopt regulations and take all 

actions necessary to ensure that the class I11 gaming conducted on 

the lands of the Tribe complies in all respects with the Gaming 

Compact of 1992 between the Tribe and the State of Wisconsin.