Attachment il

DESCRIPTION OF PROCEDURES TO ISSUE TRIBAL LICENSES
TO PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES
FOR CLASS I GAMING?

Article VII of the Ordinance describes the procedures for the issuance of Tribal licensees to primary
management officials and key employees for Class II gaming. In particular, the Ordinance provides that if within
a thirty (30) day period after the National Indian Gaming Commission receives a report under Article VII F of the
Ordinance, the National Indian Gaming Commission notifies the Tribe 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 Tribe
may issue a license to such applicant. -

. e

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 a report.
Such a request shall suspend the thirty (30) day period described above until the Chairman of the National Indian
Gaming Commission receives the additional information.

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 reconsider the application, taking into account the objections itemized
by the national Indian Gaming Commission. The Tribe shall make the final decision whether to issue a license to
such applicant.

2 Defined terms used herein shall have the same meanings as terms defined in the Santee Sioux Tribal Gaming Ordinance. Under
the Compact, Class III gaming employees, including primary management officials and key employees are licensed by the State,
and licenses are issued pursuant to Section 5 of the Compact and Article X of the Ordinance.

5jmp187.031 I-1 -


Article IX.

—

The Tribal Gaming Commission shall submit an annual report, in written form, signed by
the Chairman of the Tribal Gaming Commission, to the Tribal Council showing

1. a summary of the year’s activities ,
2. the financial condition of the gaming operations,

any significant problems and accomplishments,

w

4. plans for the future, and

5. such other information as the Tribal Gaming Commission or the Tribal Council
may deem pertinent.

To oversee and implement any responsibilities of the Tribe or Tribal Gaming Commission
pursuant to any management or service agreement with a third party for the management
of Tribal gaming operations.

To take such further actions as are commonly engaged in by public bodies of this character
as the Tribal Gaming Commission may deem necessary and desirable to effectuate its
purposes, including without limitation the power to adopt rules and regulations governing
the procedures for meetings of the Tribal Gaming Commission.

License Locations

The Tribe shall issue a separate license to each place, facility, or location on Indian lands where
class II gaming is conducted under this ordinance.

Article X.

Repeal

Upon execution of this Ordinance, any ordinances or any part thereof which is not consistent with
this Ordinance are hereby repealed.

Article XL

Interpretation

The provisions of this Ordinance, being necessary for the benefit of the Tribe and its members,
shall be liberally construed to effect the purposes and objectives thereof.

Article XI. Effective Date

This Ordinance is effective upon enactment.

Article XI. , Enforcement

. This Ordinance shall be enforced by the Tribe.

11


spaces on the card as "free". The numbers or the
other designations will then be randomly selected

by a computer or other technologic aid. The winner
is the first player covering a previously designated
arrangement of numbers or other designations on the
card.

Cc. Card games that:
1. are authorized by the laws of the State, or

2. are not explicitly prohibited by the laws of the
State,

D. The term "Class II gaming" does not include:
1. any banking card game, including baccarat, chemin de
fer, or BlackJack ("21"), or

The Santee Sioux Gaming commission, appointed for the terms set
forth in the enacting resolution of the Tribal Council shall
perform the obligations of the Tribe under this law.

Article III. Ownership of Gaming.

The Tribe shall have the sole propriety interest in and
responsibility for the conduct of any gaming operation authorized
by this law.

Article IV. Use of Gaming Revenue.

A. Net revenues from Class II gaming shall be used only
for the following purposes: to fund tribal
government operations and program; provide for the
general welfare of the Tribe and its members; promote
tribal economic development; donate to charitable
organizations; or help fund operations of local
government agencies.

B. The Tribe shall not make per capita payments to
Tribal members.

Article V. Audit.

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.

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
specially included within the scope of the audit
that is described in subsection A. above.

Article VI. Protection of the Environment and Public Health and
Safety.

-2-


Attachment Ill

DESCRIPTION OF PROCEDURES FOR RESOLVING DISPUTES BETWEEN
THE GAMING PUBLIC AND THE TRIBE OR THE MANAGEMENT CONTRACTOR
AND FOR RESOLVING DISPUTES BETWEEN GAMING EMPLOYEES AND
THE TRIBE OR THE MANAGEMENT CONTRACTOR
FOR CLASS II GAMING’

The Manager under a management contract agreement executed by the Tribe and approved by the
national Indian Gaming Commission under 25 C.F.R Part 533 shall have the responsibility to establish
and implement procedures to resolve complaints received from any customer or member of the general
public who is or claims to be adversely affected by any act or omission of a Tribal gaming operation. The
Manager shall receive and hear any such complaints and maintain records of any such cemplaint and the
disposition thereof. Subsequent to the final disposition of any such complaint by the Tribal gaming
operation, the customer or member of the public shall have any right provided by the Ordinance to have
such complaint heard by the Tribal Gaming Commission. In conjunction with such action, the manager
shall submit to the Tribal Gaming Commission the complete record of such complaint and disposition to
be utilized by the Tribal Gaming Commission in its review and disposition thereof. In addition, the
Manager shall have the right to investigate any and all complaints and correct problems, if any, identified
in complaints as determined by the Manager.

The manager under a management agreement executed by the Tribe and approved by the Chairman of
the National Indian Gaming Commission under 25 C.F.R Part 533 shall have the Tesponsibility to
establish and implement procedures to resolve complaints or grievances received from any employee of a
Tribal gaming operation who is or claims to be adversely affected by any act or omission of the Tribal
gaming operation. Subject to the specific provisions of the “Employee Grievance Procedure to be
developed by the manager, the manager shall receive and hear any such complaint or grievance and
maintain complete records of any such complaint or grievance and the disposition thereof. Subsequent to
the final disposition of any such complaint or grievance by the Tribal gaming operation, the employee of
the Tribal gaming operation shall have any right provided by the Ordinance to have such complaint or
grievance heard by the Tribal Gaming Commission. In conjunction with such action, the Manager shall
submit to the Tribal Gaming Commission the complete record of such complaint or grievance and the
disposition thereof to be utilized by the Tribal Gaming Commission in its review and disposition thereof.
In addition, the manager shall have the right to investigate any and all complaints or grievances and
correct problems, if any, identified in such complaints or grievances as determined by the Manager.

Subsequent to the procedures set forth in Paragraphs I A and II B above, the Tribal Gaming
Commission shall have the authority to receive any complaint from an employee of an Tribal gaming
operation or any member of the public who is or claims to be adversely affected by an act or omission of a
Tribal gaming operation that is asserted to violate the Ordinance, the Act, the Compact, or the standards
of management and operation adopted pursuant to the Ordinance, and tay upon consideration of such
complaint recommend to the Tribal Council such remedial action as it deems appropriate to bring the
gaming operation into compliance with such provisions. The Tribal Gaming Commission may for this
Purpose, in its sole discretion, conduct a hearing and receive evidence with regard to such complaint if it
deems an evidentiary proceedings useful in the resolution of such complaint. In addition, the Tribal
Gaming Commission may receive any suggestions from any employee of any gaming operation or any
member of the public regarding ways in which a gaming operation may be improved.

ee

3

Defined terms used herein shall have the same meanings as terms defined in the Santee Sioux Tribal Gaming Ordinance,

5jmp 187.032 Il-1


Attachment V

IDENTIFICATION OF A LAW ENFORCEMENT AGENCY
THAT WILL TAKE FINGERPRINTS AND DESCRIPTION
OF PROCEDURES FOR CONDUCTING A CRIMINAL
HISTORY CHECK BY A LAW ENFORCEMENT AGENCY.

The Knox County Sheriff Department hereby designated as the law enforcement
agency that will take finger prints.

The Tribal Gaming Commission, through the Knox County Sheriff Department
shall conduct a criminal history check and investigation sufficient to make the
determination set forth in Article VII of the Ordinance. Such investigations shall
include a fingerprint based search of State criminal history records, files and
fingerprint-based search of the Federal Criminal history record files by the
Federal Bureau of Investigations.


Simp187.03

two of these positions, and no Tribal Gaming Commissioner may hold the positions of both
Chairman and Vice Chairman. In absence of the Chairman, the Vice Chairman shall preside.

The minimum investigative procedures to be performed by the Tribal Gaming Commission for
Class II gaming pursuant to the Ordinance:

1,

Verification by written or oral communication of the information submitted by the
applicant for a gaming license, as required by Article VII of the Ordinance.

Inquiry into the applicant’s prior activities, criminal record, if any, and reputation,
habits and association; interviews with a sufficient number of knowledgeable people
such as former employers, personal references and others to.whom referred in order to
make a finding concerning the eligibility for employment in a gaming operation.

A fingerprint-based search of the State criminal history record files by the Nebraska
State Patrol and a finger-print based search of the Federal criminal history record files
by the Federal Bureau of Investigation.

Documentation of the disposition of all potential problems areas noted and disqualifying
information obtained.

Pursuant to Article VII of the Ordinance, the investigative report of the Tribe, which shall be
forwarded to the National Indian Gaming Commission, shall include all of the following:

The Tribe shall ensure that key employees and primary management officials are notified of their
tights under the Privacy Act as specified in 25 CFR § 556.2. In particular, the Ordinance
provides as follows:

L

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 information
is provided: Solicitation of the information on this form is authorized
by 25 C.F.R. 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 the 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
televant 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.


i)

ua

_

The Tribe 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.

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. .

Report to the National Indian Gaming Commission

1.

Nv

uw

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

The Tribe shall submit, with the report, a copy of the eligibility determination made
under subsection D of this section.

Ifa license is not issued to an applicant, the Tribe:
a. Shall notify the National Indian Gaming Commission; 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.

With respect to key employees and primary management officials, the Tribe 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.

Granting a Gaming License

If, within 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 pursuant to a license application filed



~—

“(c) _ The chief financial officer or other person who has financial
management responsibility.

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 information is
provided: Solicitation of the information on this form is authorized by 25
U.S.C. 2701 ét 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 a 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 officials shall be notified in

writing 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 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
unished by fine or imprisonment. (U.S. Code, title 18, section 1001.)



~_

Class IZ gaming facilities shall be constructed, maintained and operated in a manner that
adequately. protects the environment and the public health and safety.

Article VIL. 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 If gaming
enterprise operated on Indian lands:

A. Definitions
For the purposes of this section, the following definitions apply:

1. Key emplovee means

(a) | Aperson who performs one 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; 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)  Ifnot otherwise included, the four most highly compensated
persons in the gaming operation.

2. Primary management 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



5jmp187.03

“ae
Existing key employees and primary management officials shall either be notified in
writing 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.

The following 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
1001.) .

~

The Tribe 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

Sign a statement that contains the notice regarding false statements.

1-3



—_—

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 CER. § 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
agent shall promise to keep confidential the identify of each person interviewed in
the course of the investigation.

Eligibility Determination

The Tribe 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
Tribe 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.

Procedures for Forwarding Applications and Reports for Kev Emplovees_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 authorized 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.


f F-NaTIONAL

Commission FEB 22 996

Butch Denny

Chairman

Santee Sioux Tribe of Nebraska
Route #2 - Box 163
Niobrara, NE 68760

Dear Chairman Denny:

This letter responds to your request to review and approve
the tribal gaming ordinance, Resolution No. 95-52, adopted on
August 23, 1995, by the Santee Sioux Tribe of Nebraska (Tribe).
This letter constitutes such approval under the Indian Gaming

- Regulatory Act (IGRA).

__1441 LSTREET, N.W. 9TH FLOOR | WASHINGTON, D.C. 2

Under 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 NIGC regulations. Provisions other than those required
under the IGRA or the NIGC regulations that may be included ina
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 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. § 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.

§ 556.5(b).

Thank you for submitting the ordinance of the Santee Sioux
Tribe of Nebraska for review and approval. The NIGC staff and I

look forward to working with you and the Tribe in implementing
the IGRA.

Sincerely yours,

Shea ligar

Harold A. Monteau
Chairman

cc: John M. Peebles

57 208.638.7008 FAX! 302.632°7066



nV

permissible methods of payment;

procedures to license gaming employees, to condtict or cause to be conducted
background investigations on employees and management officials, and to train

and instruct gaming employees;

vs)

4, internal organization and management of the gaming operations;
5. security and surveillance methods;
6. accounting and cash control procedures; an

: 7. other record keeping requirements. ~

Such standards shall protect the public interest in the integrity of the gaming operations, and shall
reduce the dangers of unsuitability, unfair or illegal practices and methods in the conduct of
gaming.

B. To investigate any aspect of a gaming operation; and, in doing so, to require and review
any record of or concerning any gaming operation and to compel any person employed by
any such operation, or doing business with such operations to appear before it and to
provide.such information, records or other materials as may be in their possession to assist
in any investigation.

lon To license any gaming facility on Tribal land where the Tribe elects to allow Class I
gaming and to enter and inspect any time such gaming facility in which games are operated
pursuant to the Ordinance. Such inspections may be conducted by non-uniformed
inspectors employed by and under the direction of the Tribal Gaming Commission.

D. To require an annual audit by a certified public accounting firm of all gaming activities and
gaming facilities and such other audits as it deems necessary.

E. To license any gaming employee.

F. To acknowledge the registration of gaming service enterprises by the State for purposes of
contracting with the Tribe to assist the State in registration of gaming service enterprises
that seek to do business with a Tribal operation.

G. To ensure that background investigations and licensing procedures are conducted on
primary management official and key employees of the gaming operations in accordance
with IGRA and the Compact, and to oversee such officials and their management on an
ongoing basis. ‘

- i. To prohibit undesirable persons from admission to any gaming facility.



—

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 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 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 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 reconsider the application,
taking into account the objections itemized by the National Indian Gaming
Commission. The Tribe shall make the final decision whether to issue a license to
such applicant.

#H License Suspension

1. If, after 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 notify in writing the licensee
of the suspension and the proposed revocation.

2. The Tribe 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 Tribe shall decide to revoke or to reinstate a
gaming license. The Tribe shall notify the National Indian Gaming Commission of
its decision.

Article VIL. Powers and Duties of the Tribal Gaming Commission

-The Tribal Gaming Commission shall be responsible for the regulation of any gaming activity
authorized by this Ordinance, shall perform in place of the Tribe the duties of the Tribal Council set forth
in Articles VIL and VIII of the Ordinance, and shall have the powers that it may exercise consistent with
the purposes for which it is established and in compliance with the Compact.

A... To adopt written standards of operation and management as provided in the Compact to
Bo govern all authorized gaming which shall include:

the rules of each game of chance operated by the Tribe;


4,

—_—

The Tribe shall notify in writing existing key employees and primary management
officials that they shall wither:

a.

b.

Complete a new application form that contains a notice regarding false
statements; or

Sign a statement that contains the notice regarding false statements.

c. Background Investigations

The Tribe shall request from each primary management official and from each key
employee all of the following information: :

1.

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);

Currently and for the previous five (5) years: business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and drivers license numbers;

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 (1)(b) of this
section;

Current business and residence telephone numbers;

A description of any existing and previous business relationships with
Indian tribes, including ownership interests in those businesses;

A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;

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;

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;

For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations), within 10 years of the date of the


Attachment IV

DESIGNATION OF AN AGENT FOR SERVICE*

The agent of the Tribe hereby designated to receive all service of process on behalf of the Tribe and the
Tribal Gaming Commission pursuant to 25 C.F.R. Part 519 is the Executive Director, who shall be the Tribe’s
representative specifically identified by the Tribal Gaming Commission as the individual responsible for
monitoring the operations of any Tribal gaming operation under the supervision of the Tribal Gaming
Commission. All service of process shall be sent to the following address:

Chairman as
- : Santee Sioux Tribe of Nebraska e
, Rural Route 2
Niobrara, Nebraska 67087
Telephone No: (402) 857-2302
Telefax No: (402) 857-2307

Defined terms used herein shall have the same meanings as terms defined in the Santee Sioux Tribal Gaming Ordinance.

.  Simp187.033 IV-1


Chairman: Richard Kitto
Vice-Chairman: Richard Thomas
Treasurer: Butch Denny
Secretary: Darlene Thomas

Santee Sioux Tribe of Hebraske

CLASS II GAMING LAW
OF THE SANTEE SIOUX TRIBE
OF NEBRASKA

Article I. Purpose.

The Tribal Council of the Santee Sioux Tribe of Nebraska
(hereinafter "Tribe"), empowered by the Tribe's Constitution to
enact laws, hereby enact this law in order to se the terms for
Class II gaming operation on tribal lands.

Article II. Gaming Authorized: Appointment of Gaming Commission.
Class II gaming as defined in the Indian Gaming regulatory

Act, P.L. 100-447, 25 USC Section 2703 (7)(A) ("IGRA") and by the
regulations promulgated by the Nation Indian Gaming Commission at
25 CFR 502.3 (as published in the Federal Register at 57 FR 124383-
12393, April 9, 1992) is hereby authorized. Class II games are
defined as:

A. The game of chance known as "Bingo" (whether or not
electronic, computer or other technologic aids are
used in connection therewith),

1. which is played for prizes including monetary prizes
with cards bearing numbers or other designations,

2. in which the holder of the cards covers such numbers
or designations when objects similarly numbered or
designated, or drawn or electronically determined.

3. and in which the game is won by the first person
covering a previously designated arrangement of
numbers or designations on such cards,

4, including (if plated at the same location) pull-
tabs, lotto, punch boards, tip jars, instant bingo,
and other games similar to bingo, and

B. The game of. chance, Pooled Indian U-Pickem
(hereinafter U-Pickem), played with cards bearing
twelve (12) spaces, each space containing a number
or other designation. The holder of the card selects
between one (1) and twelve (12) spaces, a computer or
other technologic aid will designate the remaining

-1-

Route #2 - Box 163
Niobrara, NE 68760
Phone: (402) 857-2302
Fax: (402) 857-2307


= ADOPTED this 23 day of AUgQUSE, , 1995.

SANTEE SIOUX TRIBE OF NEBRASKA

By: Geb) Hames
hairman

ATTEST ; _
By:
Secretary
APPROVED this = 3/¢/ day ot AUG. 199.5.
NATIONAL INDIAN GAMING
COMMISSION
By:

Chairman of the Commission



Attachment |

DESCRIPTION OF PROCEDURES FOR
CONDUCTING BACKGROUND INVESTIGATIONS
AND SUITABILITY DETERMINATIONS!

A. With regard to Class If gaming, the Tribe through its Tribal Gaming Commission is
responsible for the conduct of the background investigations and suitability determinations.

B. The following is a statement of the positions or people responsible for various gaming
activities: :
1 The Commissioners of the Tribal Gaming Commission shall be responsible for
> conducting or causing to be conducted the background investigations for Class I
gaming.

2. The Commissioners of the Tribal Gaming Commission shall be responsible for
reviewing and approving the investigative work done for Class II gaming.

The Commissioners of the Tribal Gaming Commission shall be responsible for reporting
the results of the background investigation for Class II gaming to the National Indian

uw

Gaming Commission.

4, The Commissioners of the Tribal Gaming Commission shall be responsible for
obtaining and processing, or causing to be obtained and processed, fingerprints for Class
If gaming.

5. The Commissioners of the Tribal Gaming Commission shall be responsible for making

suitable determinations for Class II gaming.

Cc. The Commissioners of the Tribal Gaming Commission are selected pursuant to Article II of the
Ordinance. In particular, the Tribal Gaming Commission shall be composed of no more than
three persons, each of whom shall carry the tide “tribal Gaming Commissioner.” The Tribal
Gaming Commissioners shall be appointed, and may be reappointed, by a majority vote of the
Tribal Council. A Resolution of the Tribal Council as to the appointment of reappointment of
any Tribal Gaming Commissioner shall be conclusive evidence of the due and proper
appointment of the member. A Tribal Gaming Commissioner may be a member or non-member
of the Tribe. However, during the Tribal Gaming Commissioner’s term of office and for a period
of one year following the expiration of such term, no Tribal Gaming Commissioner shall (i) be a
gaming employee of any Tribal Gaming operation, or (ii) have any direct or indirect financial
interest in or management responsibility for any Tribal gaming facility or operation. The term of
office shall be five years and staggered. When the Tribal Gaming Commission is first
established, the Tribal Gaming Commissioners’ terms shall be designated to expire in one, two
and three years, respectively. Thereafter, all appointments shall be for three years, except that in
the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. If
physically able, each Tribal Commissioner shall hold office until his/her successor has been
appointed. A Tribal Gaming Commissioner may be removed for good cause shown. The Tribal
Council shall name one of the Tribal Gaming Commissioners as the Chairman of the Tribal
Gaming Commission. The Tribal Gaming Commission shall select from among its Tribal

. Gaming Commissioners a Vice Chairman, a Secretary and a Treasurer, a member may not hold

Defined terms used herein shall have the same meanings as terms defined in the Santee Sioux Tribal Gaming Ordinance.

Sjmp187.03 Ll ~


i ‘Thangs, Chairman
Santee Sioux Tribe of NEbraska

SNISNOH SSLNVS

RECEIVED BY:

Russell Rradley, Superintendent
Winnebago Agency .

B0SELGBZ0b bezLl BZ-L1-S6.”



"Route #2 - Box 163
Niobrara, NE 68760
Phone: (402) 857-2302
Fax: (402) 857-2307

* RESOLUTION 95°52

Chairman: Richard Kitto

Vice-Chairman: Richard Thomas _
* Treasurer: Butch Denny

Secretary: Darlene Thomas

SANTEE S10Ux TRIBE OF. NEBRASKA Pa

tt
'

WHEREAS: the SAntee Sioux Tribe of Nebraska is a federally recognized

a Indian Tribe organized under Section 16 of the Indian Re-
Organization Act of June 18, 1934 (48 Stat. 984) as amended
by the Act of dune 15, 1935, (Stat. 378), and

WHEREAS: Article IV, Section 1 (a) authorized the Santee Sioux Tribal
Council to negotiate on behalf of the Santee Sioux Tribe of
Nebraska, and

WHEREAS: Article [V, Section 1 (f£) authorizes the Tribal Council to he
involved. in economic and enterprise development, and
WHEREAS: Class II Gaming is considered an economic activity, and -
WHEREAS: : ClassII Gaming Code must be ‘adopted and approved, and
- WHEREAS: . this code was adopted at a regular meeting of ‘the Tribal Council
WHEREAS: the Santee Sioux Tribal Couneil reserves the right to amend

and expand this Class II Gaming Code as. needed,. now

THEREFORE-BE IT RESOLVED: the Tribal Council of the Santee Sioux Tribe of .
Nebraska submits. this Gaming Code. for review o£ approval: hy “the approperiate
governmental authorities,

, ‘ ‘CERTIFICATION
. this: is to certify thatthe foregairig:;* Resolution -was considered at
a regular meeting of the; Santee’ Sioux. Tribe of NEbraska, held on

othe: asked say, of , 1995 at S00. p.m. and was adopted by

-. AGAINST.

20d 100 SNISNOH S3ALNYS BOSELGI20b Ee=Ll Be-T1-Sé.



To coordinate and cooperate with any legitimate law enforcement effort to protect the
Tribe and its gaming operations from harm.

To provide information to the federal and state governments in accordance with IGRA
and the Compact.

To ensure that the construction and maintenance of all gaming facilities and the operation
of all gaming activities is conducted in a manner that adequately protects the environment
and the public health and safety of all individuals.

To carry out each responsibility and duty of the Tribal Gaming Agency set forth in IGRA
and the Compact not otherwise set forth in this Ordinance. -

To receive any complaint from an employees of any gaming operation or any member of
the public who is or claims to be adversely affected by an act of omission of a gaming
operation that is asserted to violate this Ordinance, the Act, the Compact, or the standards
of management and operation adopted pursuant to this Ordinance of any management or
service agreement with a third party, and may upon consideration of such complaint
recommend to the Tribal Council such remedial action as if deems appropriate to bring the
Tribal gaming operation into compliance with such provisions. The Tribal Gaming
Commission may for this purpose, in its sole discretion, conduct a hearing and receive
evidence with regard to such complaint if it deems an evidentiary proceedings useful in the
resolution of such complaint. In addition, the Tribal Gaming Commission may receive any
suggestions from any employee of any Tribal gaming operation or any member of the
public regarding ways in which a gaming operation may be improved.

The Tribal Gaming Commission may adopt an annual operating budget and may in
accordance with that budget employ such staff from time to time as it deems necessary to
fulfill its responsibilities under this Ordinance. The Tribal Gaming Commission shall
appoint an individual to serve as a full-time Executive Director of the Tribal Gaming
Commission to’ administer its responsibilities on a day to day basis and to oversee
inspectors appointed by the Tribal Gaming Commission as well as such other staff as the
Tribal Gaming Commission may from time to time employ. The Tribal Gaming
Commission may delegate to the Executive Director those powers not expressly limited to
the Tribal Gaming Commission. The Tribal Gaming Commission may also enlist legal
counsel and other professional services, including investigative services, available to the
Tribe, to assist the Tribal Gaming Commission with respect to any of the issues over
which the Tribal Gaming Commission exercises jurisdiction.

To undertake and carry out studies and analyses of Tribal gaming operations.

To adopt such by-laws as the Tribal Gaming Commission deems necessary and

appropriate.

10



ADDITIONAL SUBMISSION REQUIREMENTS

In addition to an ordinance, under 25 C.F.R. § 522 or § 523, a tribe must submit the following:

classii.doc

1.

2.

Description of procedures for conducting background investigations,

Description of procedures to issue tribal licenses to primary management officials
and key employees;

Description of procedures for resolving disputes between the gaming public and
the Tribe or the management contractor (if any);

Designation of an agent for service; _
Identification of a law enforcement agency that will take fingerprints and describe
procedures for conducting a criminal history check by a law enforcement agency;

and

Copies of all tribal gaming regulations.

13