AL 

OMMISSION 

Mark Mercier 

Tribal Chairman 

The Confederated Tribes of , the Grand Ronde Community 

9615 Grand Ronde Road 

Grand Ronde, Oregon 97347 

Dear chairman Mercier: 

 his letter responds to your request to review and approve the 

tribal gaming ordinance submitted on May 27, 1993, and 

resubmitted on August 4, 1993, for the Confederated Tribes of 

the Grand Ronde Community. his letter constitutes such 

approval under the Indian Gaming Regulatory Act (IGRA). 

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 that Act 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. Such approval does not 

constitute approval of specific games. 

The NIGC expects to receive the applications for key employees 

and primary management officials under 25 C.F.R. 5 556.6 (as 

published in the Federal Register on January 22, 1993, at 58 

Fed. Reg. 5813) and fingerprint cards under NIGC Bulletin No. 

2 which was sent to all tribes in July. ~rovisions 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. 

It is important to note that the gaming ordinance is approved 

for gaming only on Indian lands as defined in the IGRA. 

This approval is for class I1 gaming only. If the Tribe 

should wish to engage in class I11 gaming in the future, it 

must first negotiate and obtain approval of a tribal-state 

compact for such games. Please notify the NIGC when the 

compact is approved by the Secretary of the Interior and 

forward a copy of it to this office. 

-- -- --------- leS0 ?4 STREET. N W. SUITE 2150 L\~ASkiIp?~TON U(3 200.16 TEI. 202 6.32 7003 FAX 202.632-7066 
Thank you for submitting the ordinance of the Confederated 

Tribes of the Grand Ronde Community for review and approval. ' The NIGC staff and I look forward to working with you and your 

Tribe on implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Anthony J. Hope 

Chairman 

cc: Michael D. Mason, Esq. 

Bruce Thomas 
DATE ADOPTED: 5 . 

SUBJECT: Gam: mm In\ll IT TI1 

RESOLUTION #: 029-93 

DATE AMENDED: 

CONFEDERATED TRIBES OF THE 

GRAND RONDE COMMUNITY OF OREGON 

GAMING ORDINANCE 

Tribal Code 9 

(a) Authority and Purpose ................................. 3 

(b) Gaming Authorized ..................................... 3 

(c) Definitions ........................................ 3 

(d) Ownership ............................................. 7 

(e) Unauthorized Gaming ................................... 7 

(f) Use of Revenue ........................................ 7 

(g) Grand Ronde Gaming Commission ......................... 7 

(h) Commission Director ................................... 11 

(i) Audit ................................................. 12 

(j) Construction. Maintenance and Operation of 

Facility ........................................ 12 

(k) License Applications for Key Employees/Primary 

Management Officials ........................ 13 

(1) Background Investigations ............................. 13 

(m) Eligibility Determination ............................. 15 

(n) Procedures: Forwarding Applications and Reports for Key 

Employee and Primary Management Official to NIGC ..... 15 

(0) Investigative Report to NIGC .......................... 15 

(p) Drug Testing ........................................ 16 

(q) Granting of Gaming License ............................ 16 

(r) Corporation ~uties .................................... 16 

(s) Contract Execution .................................... 17 

(t) Management Fees ....................................... 18 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 1 
(u) ~icensing of'baming ................................... 18 

(v) License Locations ..................................... 19 

(w) Prohibition Against Certain Individuals ............... 19 

(x) Unlawful Acts ........................................ 19 

(y) License Suspension .................................... 21 

(2) Appeals ........................................ 21 

(aa) Effective Date ........................................ 22 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 2 
CONFEDERATED TRIBES OF THE 

GRAND RONDE COMMUNITY OF OREGON 

GAMING ORDINANCE 

(a) Authority and PurDose: The Tribal Council has authority to 

adopt this Gaming Ordinance under the Grand Ronde Tribal Constitution Article 111, Section 1. Powers. The Constitution does not require approval of the Ordinance by the Secretary of the Interior. 

The Ordinance is effective upon approval of the National Indian 

Gaming Commission (NIGC) under the Indian Gaming Regulatory Act, 

retroactive to the date of enactment of the Ordinance. The purpose 

of this Ordinance is to set forth the terms for Class I1 and Class 

111 gaming operations on tribal lands. 

(b) Gamina Authorized: Class I1 and I11 gaming as defined in the 

Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C., Section 2703 

(7) (A) (IGRA) and by the regulations declared by the NIGC at 25 

C.F.R. 5 502.3 is hereby authorized. 

Definitions: The following definitions shall 

(1) "Bylawstt shall mean the operating document of the Grand 

Ronde Gaming Commission. 

(2) "Chairmanu shall mean the Chairman of the NIGC. 

(3) vvClass I Gamingvt shall mean social games played solely 

for prizes of minimal value, or traditional forms of Indian 

gaming when played by individuals in connection with tribal 

ceremonies or celebrations. 

(4) vvClass I1 Gamingft shall mean: 

(A) IvBingotf or lotto (whether or not electronic, computer, or other technologic aids are used) when players: 

1. Play for prizes with cards bearing numbers or 

other designations; 

2. Cover numbers or designations when objects, 

similarly numbered or designated, are drawn or 

electronically determined; and 

3. Win the game by being the first person to 

cover a designated pattern on such cards; 

(B) If played in the same location as bingo or lotto, 

pull-tabs, punch boards, tip jars, instant bingo, and 

other games similar to bingo; 

(C) Nonbanking card games that: 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 3 
1. State law explicitly authotizes, or does not 

explicitly prohibit, and are played legally anywhere in the state; and 

2. Players play in conformity with state laws and 

regulations concerning hours, periods of operation, 

and limitations on wagers and pot sizes; 

(5) tlClass I11 Gamingt1 shall mean all forms of gaming that 

are not Class I gaming or Class I1 gaming, including but not 

limited to: 

(A) Any house banking game, including but not limited 

to: 

1. Card games such as baccarat, chemin de fer, or 

blackjack (21), and pai gow (if played as house 

banking games) ; 

2. Casino games such as roulette, craps, and 

keno ; 

(B) Any slot machines as defined in 15 U.S.C. 1171(a) (1) 

and electronic or electromechanical facsimilies of any 

game of chance; 

(C) Any sports betting and parimutuel wagering including 

but not limited to wagering on horse racing, dog racing 

or jai alai; or 

(D) Lotteries. 

(6) ttCommissionw shall mean the Grand Ronde Gaming 

Commission. 

(7) llCorporationll shall mean the Spirit Mountain Development 

Corporation (SMDC), the tribally chartered corporation responsible for tribal economic development. 

(8) ltGambling Device1# shall mean: 

(A) Any so-called 'slot machine1 or any other machine or 

mechanical device an essential part of which is a drum or 

reel with insignia thereon, and 

1. Which when operated may deliver, as the result 

of the application of an element of chance, any 

money or property, or 

2. By the operation of which a person may become 

entitled to receive, as the result of the application of an element of chance, any money or property; or 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 4 
(B) Any other machine, mechanical ds. lce (including, but 

not limited to, roulette wheels and similar devices), 

electromechanical or electronic device designed and manufactured primarily for use in connection with gambling, 

and 

1. Which when operated may deliver, as the result 

of the application of an element of chance, any 

money or property, or 

2. By the operation of which a person may become 

entitled to receive, as the result of the application of an element of chance, any money or property; or 

3. Any subassembly or essential part intended to 

be used in connection with any such machine, mechanical device or electro-mechanical or electronic 

device, but which is not attached to any such machine, mechanical device or electro-mechanical or 

electronic device as a constituent part. 

(9) "Gaming Establishment or Premisestt shall mean any facility where gaming, other than Class I gaming is operated or 

conducted, and includes all buildings, improvements, equipment, and facilities used or maintained in connection with 

such gaming. 

(10) "Gaming Operationtt shall mean each economic entity that 

is licensed by the tribe, operates the games, receives the 

revenues, issues the prizes, and pays the expenses. A gaming 

operation may be operated by a tribe directly or a management 

contractor. 

(11) "Gross Revenuew shall mean the total monetary value that 

would be due any operator of a gaming activity for any chance 

taken, for any table fees for card playing, or other fee for 

participation or admittance, as evidenced by required records. 

The value shall be stated in U.S. currency, before any deductions or allowances for prizes, pay-out of winnings, cost of 

operation, taxes, labor expenses, equipment or materials used, 

or any other expenses. In the absence of records, gross revenue shall be the maximum that would be due to an operator from 

that particular activity if operated at maximum capacity. 

(12) "Grand Ronde Indian Landw or "Indian landtt shall mean: 

(A) Land within the limits of the Grand Ronde Indian 

reservation; or 

(B) Land over which the Tribe exercises governmental 

power and that is either: 

1. Held in trust by the United States for the 

benefit of the tribe or any Indian individual; or 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 5 
2. Held by an Indian tribe or individual subject 

to restriction by the United States against alienation. 

(13) "Key Employeenf shall mean: 

(A) A person performing one or more of the following: 

(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) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

(14) nfLicenseenf shall mean any person who holds a valid and 

current license pursuant to the provisions of this Gaming 

Ordinance. 

(15) "Management Contractnn shall mean any contract, subcontract, or collateral agreement between an Indian Tribe and a 

contractor or between a contractor and a subcontractor if such 

contract or agreement provides for the management of all or 

part of a gaming operation. 

(16) "Management Feew shall mean any amount paid from gaming 

revenue to any person or entity contracted and/or licensed to 

operate a gaming facility. Such terms shall not include 

amounts paid for operating expenses. 

(17) lnNIGCfl shall mean the National Indian Gaming Commission. 

(18) "Net Revenuet1 shall mean gross gaming revenues of an 

Indian gaming operation less amounts paid out as, or paid for, 

prizes; and total gaming-related operating expenses, excluding 

management fees. 

(19) Ifoperating Expensev1 shall mean any expense incurred in 

daily operations of a gaming activity specifically designated 

as operating expenses in a management contract. 

(20) "Primary Management Off icialIn shall mean: 

(A) The person having management responsibility for a 

management contract; 

(B) The person with authority to hire and fire employees, or set up working policy for the operation; and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 6 
(C) Tht "hief Financial Officer or ~cher person who has 

financial management responsibility. 

(21) "Stategu shall mean the State of Oregon. 

(22) I1Tribal/State Compactu1 or lfCompactuu shall mean the agreement negotiated and executed by the Tribe and an official or 

agency of the State and approved by the Secretary of the 

Interior pursuant to 25 U.S.C. 2710 (7) (B) (vii) , governing the 

conduct of Class 111 gaming on Indian lands. 

(23) uuTribelu shall mean the Confederated Tribes of the Grand 

Ronde Community of Oregon. 

(24) "Tribal Councilu1 shall mean the Tribal Council of the 

Confederated Tribes of the Grand Ronde Community of Oregon. 

(25) "Tribal Courtuu shall mean the Tribal Court of the 

Confederated Tribes of the Grand Ronde Community of Oregon. 

(d) Ownership: The Tribe shall have sole proprietary interest in 

and responsibility for conducting any Class I1 and Class I11 gaming 

operations authorized by this Ordinance. 

(e) Unauthorized Gaminq: The Tribe shall prosecute in Tribal 

Court any person conducting or taking part in unauthorized Class I1 

or Class I11 gaming on Indian land unless the Tribal Court lacks 

jurisdiction. In that case, the Tribe shall sue such persons in 

any court of competent jurisdiction. 

(f) Use of Revenue: Revenue from Class I1 and Class I11 gaming 

shall be used only for the following: funding tribal government 

operations and programs; providing for the general welfare of the 

Tribe and its members; promoting economic development; donations to 

charitable organizations, or helping to fund operations of local 

governmental agencies. At least ten percent (%) of net revenues 

shall be allocated to Tribal endowments for increased health care 

benefits, education, and housing. 

(g) Grand Ronde Gamina Commission: 

(1) The Grand Ronde Gaming Commission is hereby established. 

The Commission shall consist of nine members recommended by 

the Commission and appointed by a majority vote of the Council. There shall be at least five Tribal members of the Commission, including two Tribal Council members, and at least 

two persons who are not Tribal members. Other than Council 

members, Commission members must have four years of business 

experience. All Commission members must be at least 25 years 

of age. Commission membership shall include one each of the 

following persons: 

(A) An Oregon local government official with at least 

five years of law enforcement experience; 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 7 
(B) A m, .ager or regulator of a succ,~sful Indian gaming 

operation; and 

(C) An attorney with at least two years of commercial 

law experience. 

(2) Commissioners shall serve for four (4) years and may be 

removed from office prior to the end of their term only for 

cause and by unanimous vote of the remainder of the Commission 

or a vote of six Council members at an open, regular meeting. 

(3) In order to establish staggered terms, the Council shall 

appoint the first commissioners as follows: two shall serve 

a one year term, two shall serve a two year term, two shall 

serve a three year term, and three shall serve a four year 

term (initial terms only). After the initial term, all subsequent terms of appointment shall run for four years. Vacancies shall be filled within 30 days by the Council, provided, however, that a Commissioner whose term has expired 

shall hold their seat until it is filled. 

(4) Commissioners may hold other 'tribal positions and may 

engage in business and gamble in any gaming operation, provided, however, that they may not be employed in or own any 

interest in a gaming operation authorized by this Ordinance. 

(5) Commissioners shall be compensated at a rate established 

annually by the Commission, and approved by the Council. Commissioners shall be reimbursed for actual expenses incurred on 

Commission business, including necessary travel expenses. 

(6) The Commission shall adopt bylaws for the conduct of 

business, which shall include the following provisions: 

(A) The Commission shall select annually from its membership a chairperson, who shall have the power to convene special meetings with not less than 48 hours written 

or verbal notice to members of the Commission. 

(B) General meetings of the Commission shall be open to 

the public. 

(C) The Commission may go into executive session, but 

may not take any official action while in executive 

session. 

(D) A quorum shall consist of five members. All decisions shall be made by a majority vote unless indicated 

otherwise in this Ordinance or the Bylaws. 

(7) The Commission shall make quarterly reports to the Council within 30 days of the end of each quarter. The reports 

shall include a full and complete statement of gaming revenues 

paid to the Tribe, expenses and all other financial transactions, and a summary of all licensing and enforcement actions. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 8 
(8) The Com,,.,ssion shall exercise all ,dwers necessary to 

regulate Class I1 and Class I11 gaming. The Commission shall 

meet not less than once every two (2) months to hear recommendations and set policy, to hear reports from the Director, 

and transact other business. The Commission shall publicize 

rules and regulations for the operation of any gaming establishment and hear and resolve all disputes regarding any provision of the Ordinance. In all decisions, the Commission 

shall act to promote and ensure integrity, security, honesty, 

and fairness of operation and administration of all gaming 

activities. The Commission shall have the authority to deny 

an application, limit, condition, suspend, or restrict any 

license, make a finding of suitability or approval of a 

license, or a finding of suitability or approval of or the 

imposition of a fine upon any person licensed for any cause 

deemed reasonable. 

(9) The duties of the Commission shall include: 

(A) Processing all license applications, making determinations regarding the suitability of persons for licensing, issuing licenses to qualified persons, and notifying the NIGC of the issuance of such licenses as required by the IGRA; 

(B) Denial, limitation, revocation, rescission or suspension of any license when deemed necessary under the 

provisions of this or any related Law of the Tribe, or 

any applicable Federal or State law; 

(C) Causing to be conducted background investigations on 

all Primary Management Officials and Key Employees and 

members of the Commission; 

(D) Printing and making available all necessary license 

application forms and appropriate licenses; 

(E) Collecting license fees imposed pursuant to this 

Ordinance; 

(F) Inspecting and examining all premises, equipment and 

supplies where gaming is conducted or gaming devices or 

equipment are stored, sold or distributed; 

(G) Inspecting and reviewing all gaming contracts to ensure compliance with this Ordinance; and inspecting and 

reviewing all records, books, and financial documents relating to the conduct of gaming to determine compliance 

by the licensee with this Ordinance and any other applicable law; 

(H) Requiring, and causing to be conducted annually, an 

outside independent audit of all gaming activity as required by IGRA; and requiring, and causing to be conducConfederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 9 
ted annt,lly, an outside independen, audit of all contracts related to the conduct of gaming, as required by 

section (i) of this Ordinance; 

(I) Promulgating and amending such substantive and procedural regulations as the Commission deems necessary to 

carry out this Ordinance, but only upon thirty (30) days 

notice of the proposed rulemaking, which notice shall be 

published and posted at the gaming facility, the Tribal 

offices, and the Community Center, and provided to the 

Council, the Board of Directors of the SMDC, and of any 

licensed gaming facility; 

1. The notice shall specify the purpose of the 

proposed regulation the language of the proposed 

regulation, and the factors the commission has considered in its determination to enact the proposed 

regulation, and an address at which the Commission 

shall receive comments. 

2. During the notice period the Commission shall 

receive comments regarding the proposed regulations 

at the Commission offices, or at a designated mailing address. 

3. The Commission shall consider comments received by it at an open public meeting; the Commission 

shall make a final determination regarding the need 

for the proposed regulation, the language of the 

proposed regulation, and the effective date of the 

proposed regulation on the basis of the information 

available to the Commission. 

(J) Consulting with the Tribal Attorney as needed; 

(K) Imposing civil penalties or other sanctions including seizure of property, after a hearing as provided by 

this Ordinance; 

(L) Defending the Ordinance in any court with proper 

jurisdiction or before any federal agency, however, any 

reference to legal action shall not be deemed a waiver of 

the Tribes1 sovereign immunity from suit. 

(10) A Commissionerls seat shall be immediately vacant upon 

conviction of any felony, conviction of any misdemeanor related to illegal gambling or bribery, or upon having three (3) 

consecutive unexcused absences from Commission meetings. 

Cause for removal of a Commissioner shall include but not 

limited to: excessive use of intoxicants, use of a tribal 

position for personal gain, failure to perform Commission 

duties adequately or according to this Ordinance and violation 

of any law of the Confederated Tribes of Grand Ronde. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 10 
(11) The Commission may organize itself lnto divisions as it 

may deem necessary. The Commission shall establish its own 

budget for operations, including a budget for the Director, 

and acquire such furnishings, equipment, supplies, books, and 

other things as it may deem necessary or desirable in carrying 

out its functions, and incur such other expenses, within the 

limit of funds available to it, as it may deem necessary. 

Within the limits of its approved budget, the Commission shall 

employ and fix the salaries of, or contract for, the services 

of such personnel and consultants as the execution of its 

duties require. The annual Commission budget shall be 

published with the Tribe's Annual Budget. 

(12) At the end of the budget year any surplus funds shall be 

refunded to the Council at the Council's discretion. 

(13) The Commission and the Director shall maintain files and 

records as they deem desirable and all such records may be 

open to Council inspection as Council deems appropriate. 

Files and records shall not be removed from the Commission 

off ices. 

(14) Until the Commission begins operation, SMDC shall act as 

the Commission. Until the Commission is fully operable, SMDC 

may, at SMDC1s discretion, continue to perform some Commission 

functions. 

Commission Director: 

(1) The Commission shall hire a Director, with the approval 

of the Council, who shall be responsible for the day-to-day 

monitoring of gaming activities. The Director's qualifications shall include experience in management of legal gaming 

operations and accounting experience or education in accounting. No one convicted of a felony of any kind or a misdemeanor related to illegal gambling or bribery can serve as 

Director. The Director shall not have any personal financial 

interest in any gambling by any gaming establishment patron. 

(2) The Director shall be hired for a period of at least two 

years. The terms of the contract will be negotiated by the 

Commission and approved by the Council. The Director s 

compensation shall be part of the negotiations. 

(3) The Director shall be terminated automatically and immediately upon the Director's conviction in a federal or state 

court of competent jurisdiction for any felony or for any misdemeanor related to illegal gambling or bribery. If the Director is convicted of violating any part of this Ordinance, or 

of a crime the Commission finds relates to the Director's honesty or ability to fulfill his duties he shall be immediately 

terminated. 

(4) The Director shall, subject to the approval of the Commission, perform all duties, exercise all powers, assume and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 11 
discharge all responsibilities, and carry out and effect all 

purposes of this ordinance related to the establishment of all 

gaming activity. In all decisions, the director shall act to 

promote and ensure integrity, security, honesty, and fairness 

of the operation and administration of all gaming activity. 

The duties of the Director shall include but not be limited to 

the following: 

(A) Ensuring that management is carrying out its responsibility as provided for in the Management Contract; 

(B) Conducting correspondence with the NIGC and doing 

whatever is necessary to comply with the rules and regulations of that agency. This includes assuring an annual 

outside audit of authorized gaming be performed as required by the IGRA, and providing it to the NIGC; 

(C) Assuring that there is an adequate system for background investigations of employees of any gaming establishment and that oversight of such officials and management is conducted on an ongoing basis. The Director 

will assure that all applications and background investigations are completed so that no person shall be eligible 

for employment in or with any part of the gaming operation if that person's prior activities, criminal record, 

if any, or reputation, habits and associations pose a 

threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and 

activities in the conduct of gaming. The Director shall 

assure that the NIGC is given results of such background 

checks. 

(D) Reviewing all records, documents, and anything else 

necessary and pertinent to enforcement of any provisions 

of this Ordinance. 

(E) Recommending to the Commission 

should be imposed on any person 

jurisdiction of this Ordinance. 

whether 

subject 

sanctions 

to the 

(i) Audit: 

(1) The Commission shall authorize an annual independent 

audit of the operation and shall submit the results of the 

audit to NIGC. 

(2) All gaming contracts that result in the purchase of 

supplies, services, concessions, or other subject matter that 

the Commission determines is related to gaming in excess of 

$10,000 annually, except contracts for legal and accounting 

services, shall be specifically included in the audit. 

(j) Construction. Maintenance and O~eration of Facility: Class I1 

and III facilities shall be constructed, maintained and operated in 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 12 
a manner which pro~ects the environment, public health and safety. 

This shall include compliance with the Uniform Building Code, until 

the Tribe adopts its own building code. 

(k) License Avvlications for Key Employees/Primary Manaaement 

Officials: 

(1) The Commission shall develop license application forms for 

key employees and primary management officials, which shall 

include requests for all information listed in this section 

and in section (1) . 

(2) The following notice shall be placed on the application 

form with a signature block, to be signed by persons applying 

for positions classified as Key Employee or primary Management 

Official : 

Pursuant to the Privacy Act of 1974, the following is 

provided: Solicitation of the information on this form 

is authorized by 25 U.S.C. 2701 et seq. The information 

will determine the eligibility of persons applying for 

gaming operation positions. The information will be used 

by NIGC members and staff who have need of the information to perform their official duties. The information 

may be disclosed to Federal, Tribal, State, local or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations or 

prosecutions, or pursuant to a requirement of the Tribe 

or the NIGC in connection with hiring or firing an employee, issuance or revocation of a gaming license or 

investigations of activities while associated with the 

Tribe or gaming operations. Failure to consent to the 

disclosures indicated will result in the Tribe's being 

unable to hire you for a primary management official or 

key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to provide your SSN may 

result in errors in processing your application. 

(3) The following notice shall be placed on the application 

for key employees or primary official: 

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 for making a false statement. 

(1) Backaround Investisations: Each applicant for Commission membership, primary management official and key employee shall provide 

all of the following information. In addition, the Commission 

shall ensure that an investigation is conducted as described under 

section (m) below. 

(1) Full name, other names used (oral or written) including 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 13 
nicknames, s a1 security number(s), b~ith date, place of 

birth, citizenship, gender, all languages spoken or written. 

(2) All the following information currently for the previous 

5 years: business and employment positions held, ownership 

interests in those businesses, business and residence 

addresses, and drivers license numbers. -0 

(3) Names and current addresses of three (3) personal references, including references acquainted with applicant during 

each period of residence listed under paragraph (2) above. 

(4) Current business and residence telephone numbers. 

(5) A description of any existing and previous business 

relationships with Indian Tribes, including ownership 

interests in those businesses. 

(6) A description of any existing and previous business 

relationships with the gaming industry in general, including 

ownership interests in those businesses. 

(7) The name and address of any licensing or regulatory 

agency where the applicant has filed an application for a 

license or permit related to gaming, whether or not a license 

or permit was granted. 

(8) 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. 

(9) For each felony where there is a conviction or an ongoing 

prosecution: charge, name and address of the court involved, 

and the date and disposition if any. 

(10) For each misdemeanor or infraction conviction or ongoing 

prosecution (except minor traffic violations) within the past 

(five) ten years: the name and address of the court involved, 

date and disposition if any. 

(11) For each criminal charge (except minor traffic charges), 

whether or not convicted, if within the past (five) ten years 

and not otherwise listed: the charge, name and address of the 

court, date and disposition if any. 

(12) Current photograph, or photo identification. 

(13) Any other information the (Tribe) Commission may deem 

relevant. 

(14) Fingerprints consistent with procedures adopted by the 

Commission according to 25 C.F.R. 1 522.2(h). 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 14 
(m) Eliaibilitv ermination: The Chair 01 the Commission or 

his/her delegate shall review prior activities, criminal records 

(if any), reputation, habits and associations of applicants to 

determine eligibility for appointment to the Commission and Director, and employment and licensure for key employee or primary 

management official positions. If the Chair or his/her delegate 

determines that appointment, employment or licensure of the individual would pose a threat to the tribal interest or the effective 

regulation of gaming, or would create or enhance the danger of 

unsuitable, unfair, or illegal practices or activities, the Tribe 

shall not appoint, employ, or license the individual. 

(n) Procedures for Forwardina A~plications and Reports for Kev 

Emplovee and Primarv Manaaement Official to NIGC: Employees hired 

for key employee or primary management officer positions shall remain on probation until the background investigation is completed 

regardless of the time involved. 

(1) When the decision to hire a key employee or primary 

management official is made, the Commission shall begin the 

background investigation, and forward to NIGC copies of the 

individuals' application. 

(2) The Commission shall ensure completion of the background 

investigation within 60 days, and shall forward the report to 

NIGC. 

(3) Any person employed as a key employee or primary management official must provide proof of a license upon demand by 

the Commission, or by the state if the person is engaged in 

Class I11 activity. 

(4) Upon the firing of a key employee or primary management 

official, the Commission shall notify the NIGC and shall 

submit copies of the reasons for termination to NIGC which 

shall be included in the Indian Gaming Individuals Records 

System (IGIRS) . 

(5) Applications for employment and reports shall be held for 

a period of not less than 3 years from the date of termination, and shall be made available for inspection by the 

Chairman of the NIGC or his/her designee. 

(0) Investiaative Report to NIGC: 

(1) Pursuant to the procedures set out in section (1) of this 

section, the Tribe shall prepare and forward to the NIGC 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. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 15 
(2) The Tribe shall submit, with the rk,art, a copy of the 

eligibility determination made under section (m) of this 

ordinance. 

(3) If a license is not issued to an applicant, the Tribe: 

(A) Shall notify the NIGC; and 

(B) May forward copies of its eligibility determination 

and investigative report (if any) to the NIGC for 

inclusion in the IGIRS. 

(4) 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 NIGC or his/her designee for no 

less than three (3) years from the date of termination of 

employment. 

(p) Drus Testinq: Each Commission Member, primary management 

official and key employee, upon selection or hire, shall undergo 

urinalysis to test for drug use. 

(q) Grantina of Gamina License: 

(1) If, within 30 days after NIGC receives a report, NIGC 

notifies the Tribe that it has no objection to the issuance of 

a license, the Commission may issue a license to the 

applicant. 

(2) The Commission shall respond to requests for information 

from the Chair concerning key employees or primary management 

officials who are the subject of a report. The request shall 

suspend the 30 day period until the Chair receives the information requested. 

(3) If, within the 30-day period, NIGC provides the Tribe 

with a statement of objection, the Commission shall reconsider 

the application. The Commission shall make a final decision 

after considering the objections of the NIGC. 

(r) Cor~oration Duties: The Corporation shall be responsible for 

ensuring sound development and management of all Class I1 and Class 

I11 gaming activities carried out under this Ordinance. The 

Corporations duties shall include: 

(1) Selecting management companies and firms; 

(2) Assuring that management of Class I1 and Class I11 gaming 

is done in a businesslike manner; 

(3) Assuring that management of Class I1 and Class I11 gaming 

is done in accordance with the applicable contracts with the 

Corporation; and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 16 
(4) Assuring drop is transported by CI reputable armored 

car service. 

(s) Contract Execution: 

(1) The Corporation is authorized to execute a contract for 

management of a gaming facility only if the contract provides 

for: 

(A) Strict accounting procedures and verifiable financial reports that are prepared for the Council on a 

monthly basis; and 

(B) Access to the daily operations of the gaming facility to appropriate tribal and state officials who shall 

also have a right to verify the daily gross revenues and 

income from the tribal gaming activity; and 

(C) A minimum guaranteed payment to the Tribe that has 

preference over the retirement of development' and 

construction costs; and 

(D) A contract term not to exceed five years. With 

Council approval, the Corporation may authorize a contract term that exceeds five years but does not exceed 

seven years if the Corporation is satisfied that the 

capital investment required, and the income projections 

for the particular gaming activity require the additional 

time; and 

(E) Grounds and mechanisms for terminating such contract, but actual contract termination shall not require 

Council approval; and 

(F) Preference to qualified Tribal members and secondary 

preference for their qualified spouses in hiring of 

employees for the gaming establishment; and 

(G) Payment of Commission expenses as part of net 

revenues of the gaming facility. 

(2) The Commission shall have the authority after notice and 

hearing to require appropriate contract modifications or to 

void any contract if it subsequently determines that the 

Contractor has knowingly permitted the violation of any 

provision of section (w) or (x). 

(3) No management contract for the operation of a gaming activity regulated by this Ordinance shall transfer or, in any 

other manner convey, any interest in land or other real 

property. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 17 
(4) The Coml,. ssion shall require a pote,,cial contractor to 

pay a fee to cover the cost of the investigation necessary to 

reach a determination required in Section (m) of this 

Ordinance. 

(t) Manauement Fees: Management fees shall be a percentage of net 

revenue no higher than 20%, unless capital investment and in-come 

projections justify an additional percent. Such additional 

percentage shall be no higher that 15%. 

(u) Licensinu of Gaminq: 

(1) The Commission is hereby authorized to issue all licenses 

for the conduct of Class I1 and Class I11 gaming activities. 

(2) The Commission shall ensure that: 

(A) Such gaming activity is located on Indian lands 

within the Tribe's jurisdiction, and the State of Oregon 

permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal laws); 

(B) The Tribe will have the sole propriety interest and 

responsibility for the conduct of such gaming activity; 

(C) Net revenues from such Gaming Activity are used in 

accordance with Section (f) of this Ordinance; 

(D) Such gaming activity is subject to annual outside 

audits, which may be encompassed within existing independent tribal audit systems, and provide to the Council; 

(E) All contracts for supplies, services, or concessions 

for an aggregate amount in excess of $10,000 annually 

relating to such gaming are also subject to independent 

audits; 

(F) The construction and maintenance of the gaming facility, and the operation of that gaming is conducted in 

a manner which adequately protects the environment and 

the public health and safety; and 

(G) All primary management officials and key employees 

of the Class I1 gaming operation have successfully passed 

a background investigation which is approved by the Tribe 

and the NIGC. 

(3) The Commission shall authorize Class I Gaming Activity to 

be played on Indian lands that are within the jurisdiction of 

the Tribe upon reasonable request. 

(4) The Commission shall consult with appropriate law enforcement officials concerning any gaming licenses it may issue. If, after issuance of a gaming license by the CommissConfederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 18 
ion, the Co ssion receives reliable illiormation from the 

NIGC, the State Police or any other source that a primary management official or key employee does not meet the standard 

established under Section (m) of this Ordinance, the Commission shall suspend such license and, after notice and hearing, 

may revoke such license. 

(5) The Commission shall set a fee for applications, background investigations, and licenses. All such fees shall be 

made payable to the Confederated Tribes of the Grand Ronde 

Community of Oregon and delivered to the Grand Ronde Tribal 

Accounting Department. 

(6) An applicant for licensing shall make true and full 

disclosure of all information to the Director and the 

Commission. 

(v) License Locations: The Commission shall issue a separate license to each gaming establishment or location on Indian land where 

Class I1 or I11 gaming is conducted under the provisions of this 

Ordinance. 

(w) Prohibition Asainst Certain Individuals: It shall be a violation of this Ordinance for any licensee to knowingly fail to 

exclude or eject from the gaming facility any individual who: 

(1) Is under the influence of liquor or any narcotic or such 

other substance; 

(2) Is under the age of eighteen years of age; 

(3) Engages in disorderly conduct; or 

(4) Is armed and not engaged in legitimate law enforcement 

activity. 

(x) Unlawful Acts: 

unlawful for any person: 

(A) To alter or misrepresent the outcome of a game or 

other event on which wagers have been made after the outcome is sure but before it is revealed to the players; 

(B) To place, increase or decrease a bet or to determine 

the course of play after acquiring knowledge, not available to all players, of the outcome of the game or that 

is the subject of the bet or wager; 

(C) To aid anyone in acquiring knowledge as set forth in 

subparagraph (B), for the purposes of increasing or decreasing a bet or wager, or for the purpose of determining the course of play contingent upon that event or 

outcome; 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 19 
(D) To claim, collect or take, or at-~mpt to claim, collect or take, money or anything of value in or from a 

gambling game with intent to defraud, without having made 

a wager contingent thereon, or to claim, collect or take 

an amount greater than the amount won; 

(E) Knowingly entice or induce another to go to any 

place where a game is being conducted or operated in violation of the provisions of the chapter, with the intent 

that the other person play or participate in the game; 

(F) To place or increase a bet or wager after acquiring 

knowledge of the outcome of the game or event which is 

the subject of the bet or wager, including past-posting 

and pressing bets; 

(G) To reduce the amount wagered or cancel the bet after 

acquiring knowledge of the outcome of the game or other 

event which is the subject of the bet or wager, including 

pinching bets; 

(H) To manipulate with intent to cheat, any component of 

a gambling device in a manner contrary to the designed 

and normal operational purpose for the component, with 

knowledge that the manipulation affects the outcome of 

the game or with knowledge of any event that affects the 

outcome of the game; 

(I) Except as specifically permitted by the Director, 

with approval of the Commission, to possess with the intent to use, or use at any table game, any calculator, 

computer, or other electronic, electrical, or mechanical 

device to assist in projecting an outcome at any table 

game, to keep track of or analyze the cards having been 

dealt, to change probabilities of any table game or the 

playing strategies to be utilized; 

(J) To trespass upon any premises licensed by this 

Ordinance without the consent of the licensee and/or the 

Commission; or 

(K) To take anything of value from a gaming facility 

without authorization. 

(2) Any person who engages in activities on property subject 

to this Ordinance without a license, in violation of a license 

or terms imposed thereon, in violation of any regulation, provision, or amendment of this Ordinance shall be in violation 

of the Ordinance. 

(3) No fine shall be assessed nor any action taken for any 

violation under this section unless a charge is filed in 

proper form with the Commission or Tribal Court, within one 

year of the commission of the offense. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 20 
(4) council hembers, Commissioners, Corpufate Board Members, 

the Director and their immediate families shall receive no 

personal compensation, gift, reimbursement or payment of any 

kind from any person doing or wishing to do business with the 

Tribe relating to gaming nor from any person wishing to obtain 

an unfair advantage in any authorized wager on gaming. Any 

property received in violation of this provision, including 

cash payments, shall be immediately forfeited to the Tribe and 

the offending persons shall be prosecuted to the full extent 

possible under tribal law for accepting a bribe. The Commission shall cooperate to the fullest extent possible with any 

Federal or State law enforcement agency to pursue prosecution 

under applicable Federal or State law. 

(y) License Suspension: 

(1) If, after issuing a license, the Director receives reliable information that a key employee or primary management official is not eligible for employment, or has violated this 

Ordinance or Tribal Health and Safety Codes, the Director 

shall suspend the license and notify the licensee and the Commission in writing of the suspension and proposed revocation. 

(2) The notice to the licensee shall include the time and 

place for a hearing on the revocation. The date for hearing 

shall be no later that ten days from the date of the notice, 

provided, however, that the Director may extend the time at 

the request of the licensee. 

(3) After the hearing, the Director shall issue a certification of facts and decide whether to revoke or reinstate the 

license. The Director shall notify NIGC of the decision. 

(z) Appeals: 

(1) Should an applicant or licensee disagree with a decision 

of the Director, the Commission shall hold a hearing to review 

its decision, within 30 working days from the date an applicant files their disagreement with the Commission. The burden 

shall be on the applicant to prove that the Director's 

decision was incorrect. 

(2) Following such hearing, the Commission shall, within 

fourteen (14) days, reach a determination concerning: 

The accuracy of the certification of facts, 

(B) Whether the license in question should be granted, 

continued, suspended, revoked, conditioned, or limited, 

and 

(C) Whether or not any other action recommended to the 

Commission including, but not limited to, forfeitures, 

should be taken. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 21 
(3) Any party aggrieved by a decision o he Commission has 

the right to appeal the determination of the Commission to the 

Tribal Court on grounds of violation of Tribal Constitutional 

or Civil rights. Such appeal must be filed with the Court in 

written form on or before the fourteenth day following receipt 

of the written determination of the Commission. A determination by the Court of such appeal shall be final and no further 

appeal may be had. The Court shall review, on the record, the 

determination of the Commission. The Court's action shall be 

final and no further appeals may be had. 

(aa) Effective Date: Upon approval of the Ordinance by NIGC, the 

Ordinance will be effective on the date adopted by the Tribal 

Council, provided, however, that the effective date of any provision regarding Class 111 Gaming shall be the date of approval by 

the Secretary of the Class I11 Gaming Compact between the Tribe and 

the State of Oregon. 

I certify that this is a true copy of the Confederated Tribes of 

the Grand Ronde Community of Oregon Gaming Ordinance. 

4 

Tribal ~oun~l~~ecretar~ 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 22 
Grand Ronde Gaming Commission 

Procedures for Dispute Resolution 

1. Purpose and Authority: The Gaming Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon (Tribe) delegates 

authority for the resolution of any disputes involving the gaming 

public at any Gaming Facility of the Tribe. These procedures 

provide the process for resolving these disputes. 

2. Definition: A "Member of the Gaming Publicl1 shall mean a 

person who is engaging in authorized gambling at the Tribal Gaming 

Facility at the time a dispute arises. 

3. Procedures: If a dispute should arise between a member of the 

gaming public and the Tribe, the following procedures shall be 

followed: 

(a) The complaining member of the gaming public shall immediately notify the manager of the gaming facility, or if unavailable, the highest level employee in the establishment at 

that time. If the party fails to notify the manager or highest level employee immediately, no complaint shall be allowed. 

(b) If the party is unable to resolve the dispute at this 

level, the manager shall inform the party of the right to 

appeal to the Director of the Grand Ronde Gaming Commission 

(the Director). This appeal must be in writing and must be 

delivered to the Director within 14 days. The manager shall 

provide the party with a copy of these procedures. 

(c) On receipt of the written appeal, and any witnesses the 

party or Manager brings forward, the Director shall review the 

material and meet with the party within 14 days. If the Director is unable to resolve the dispute, he/she shall notify 

the party of the right to appeal to the Grand Ronde Gaming 

Commission (the Commission) within 14 days of the Director's 

decision. 

(d) The Commission, at its next meeting, shall review all 

pertinent documents and set a date for a hearing within 30 

days. The Commission shall reach a decision within 14 days 

after the hearing and shall render a decision on the record. 

(e) The Commission shall inform the party in writing of the 

decision in a timely manner. The decision of the Commission 

+at1 by final and happealable. < 7 

commission Secretary-Treasurer 
Grand Ronde Gaming Commission 

Procedures For Background Investigations 

of 

Key Employees and Primary Management Officials 

1. Purpose and Authority: The Gaming Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon (Tribe) delegates 

authority to conduct background investigations, including criminal 

history checks, to the Chair of the Grand Ronde Gaming Commission 

(Commission). These procedures are an internal document of the 

Commission for use in determining eligibility for employment in any 

Gaming Facility of the Tribe, and for service as a Commissioner or 

Director of the Gaming Commission (Director). The Gaming Ordinance 

authorizes the Commission to adopt procedures at §(g). 

2. Definitions: All definitions are hereby adopted from the 

Grand Ronde Gaming Ordinance. 

3. Responsibilitv for Investisations: The Commission is responsible for the conduct of background investigation of Commissioners, 

the Director, applicants for employment and employees of the Gaming 

Facility. 

(a) The Commission shall cause all investigations to be conducted in a timely manner. 

(b) The Director shall conduct background investigations with 

the assistance of necessary contractors. The Commission Chair 

shall review and approve the investigative work performed. 

(c) The Oregon State Police shall obtain and process fingerprints and check criminal history records of candidates for 

Commissioner, Director, applicants for employment and 

employees. 

(d) Upon approval of the work by the Chair, the Director 

shall report the results of the background investigations of 

applicants for employment in Class I1 gaming to the National 

Indian Gaming Commission (NIGC) . The Director shall report 

the results of the background investigations of applicants for 

employment in Class I11 gaming to the Oregon State Police 

after execution and approval of the Tribal/State Class I11 

Gaming Compact. 

4. Investisation Procedures/Report: 

(a) Each applicant for Commission membership, Director and 

employee of the Gaming Facility shall provide all of the 

following information: 
(1) Full name, other names used (oral or written) including nicknames, social security number(s), birth date, 

place of birth, citizenship, gender, all languages spoken 

or written. 

(2) All the following information currently for the previous 5 years: business and employment positions held, 

ownership interests in those businesses, business and 

residence addresses, and drivers license numbers. 

(3) Names and current addresses of three (3) personal 

references, including references acquainted with applicant during each period of residence listed under 

paragraph (2) above. 

(4) Current business and residence telephone numbers. 

(5) A description of any existing and previous business 

relationships with Indian Tribes, including ownership 

interests in those businesses. 

(6) A description of any existing and previous business 

relationships with the gaming industry in general, including ownership interests in those businesses. 

(7) The name and address of any licensing or regulatory 

agency where the applicant has filed an application for 

a license or permit related to gaming, whether or not a 

license or permit was granted. 

(8) 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. 

(9) For each felony where there is a conviction or an 

ongoing prosecution: charge, name and address of the 

court involved, and the date and disposition if any. 

(10) For each misdemeanor or infraction conviction or ongoing prosecution (except minor traffic violations) within the past ten (10) years: the name and address of the 

court involved, date and disposition if any. 

(11) For each criminal charge (except minor traffic charges), whether or not convicted, if within the past ten 

(10) years and not otherwise listed: the charge, name 

and address of the court, date and disposition if any. 

(12) Current photograph, or photo identification. 

(13) Any other information the (Tribe) Commission may 

deem relevant. 
(14) Fingerprints taken by the Oregon State Police. 

(b) The Director shall verify information submitted by applicants for Commissioner, Director, Primary Management Official 

and Key Employee positions. The Director shall also interview 

enough former employers, personal references and other knowledgeable people to assist in determining eligibility for service or employment. The Director may delegate interviews and 

verification of information submitted by applicants for other 

positions. 

(c) The Commission Chair, Director and Director's delegate 

shall each document the response to potential problem areas 

and disqualifying information obtained. 

5. Investiaative Re~ort: 

(a) The Director shall prepare an investigative report on 

each applicant that sets forth the following: 

(1) Steps taken in conducting the background 

investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The Director will present all reports to the Commission 

Chair and all reports regarding applicants for employment 

involving Class I1 gaming to the NIGC. 

commission Secretary-Treasurer