CMP.1.4.030 Board of Gaming Commissioners

The Board of Gaming Commissioners is hereby created to act in an advisory capacity to the Tribal Governing Board and the Gaming Commission Executive Director and shall have those powers as stated in this section:

(a) Official Powers and Duties. The Board of Gaming Commissioners shall carry out the following official powers and duties:

(1) To advise the Tribal Governing Board and Executive Director of the Gaming Commission on the oversight and preservation of the integrity of gaming activities of the Tribe.

(2) Assist in the creation and review and provide recommendations on the promulgation of rules of procedure as are reasonably necessary to carry out the responsibilities of this ordinance and all relevant gaming regulations and policies as requested by the Executive Director or the Tribal Governing Board.

(3) Convene duly called meetings not less than every other month or more frequent as determined by the Board.

(4) Assist in the establishment of an efficient process for license applications and promptly communicate eligibility determinations to tribal and federal authorities and license applicants as requested by the Executive Director or the Tribal Governing Board.

(5) Assist in the review, determination, and recommendation to the Tribal Governing Board that it approve and/or deny the eligibility of Key Employee license applications and the renewal of licenses.

(6) Assist in mandating background investigations of gaming license applicants, petitioners seeking felony waivers for employment, and vendor license applicants seeking to do business with the Tribe in its gaming activities.

(7) Assist in the review, determination, and recommendation of the eligibility of Felony Waiver petitions to the Tribal Governing Board for final determination.

(8) Assist in resolving disputes between players or patrons of gaming facilities located on the Reservation within an expedient manner on behalf of the Tribe.

(9) Assist in establishing a fee schedule for license applicants and vendors doing business with tribally licensed gaming facilities.

(10) None of the aforementioned powers and duties may be construed or interpreted to empower the Board beyond the capacity of advisory in nature as more fully defined in Section CMP.1.4.030(g) below.

(b) Organization. The Board of Gaming Commissioners shall be organized in accordance with the following guidelines:

(1) The Tribal Governing Board, with a majority constituting a quorum, convened at a duly called meeting, shall appoint five (5) individuals to the Board, all of whom must be citizens (members) of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member, or an employee of the Gaming Commission be appointed as a Commissioner. No individual Commissioner, regardless of position, acting alone and without Board approval is empowered or authorized to take any action or make any public statement regarding the Gaming Commission or Board of Gaming Commissioners' positions on any matter.

(2) The Tribal Governing Board shall recruit and post vacancies of the Board to be filled from the tribal citizenry (membership). Applications shall be developed by the Tribal Governing Board.

(3) Applicants shall submit to a background investigation for a determination of eligibility by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

(c) Qualifications. Applicants for appointment to the Board of Gaming Commissioners must satisfy the following requirements:

(1) Be an enrolled citizen (member) of the Tribe.

(2) Be at least 21 years of age.

(3) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(4) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(A) A felony.

(B) Any gaming – related offense.

(C) Fraud or misrepresentation in any connection.

(D) A violation of any provision of this ordinance or any law of the Tribe, including the Compact, regulating or prohibiting gaming.

(5) Shall not be employed by any gaming operation and not be a primary management official in any gaming facility.

(6) Shall have no financial interest in any management or vendor contract.

(7) Shall not be primarily employed in a tribal director or management position that will impede the availability as a member of the Board.

(8) Shall not be an elected tribal official.

(9) Shall have some gaming experience through education, experience, and/or interest.

(10) Shall comply with an approved code of ethics.

(d) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section CMP.1.4.030(c) above, to the Board of Gaming Commissioners as follows:

(1) All members of the Board will be appointed for three-year, staggered terms.

(2) The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Board of Gaming Commissioners.

(3) Appointments shall occur on the anniversary date of the Commissioner's appointment, unless otherwise scheduled due to reasons of death, resignation or removal.

(4) The Tribal Governing Board may remove a Commissioner by formal action if it determines that the Commissioner has a conflict of interest, or for non-compliance, misfeasance or malfeasance.

(5) The Tribal Governing Board will fill vacancies as soon as reasonably possible.

(6) The Commissioners shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment.

(e) Officers. Officers of the Gaming Board of Commissioners shall be Chairman, Vice-Chairman, and Secretary. All officers shall serve one-year periods. The Board shall elect its own Officers from among its members. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and the Vice-Chairman, the Secretary shall preside.

(f) Meetings.

(1) Quorum. Three of the Commissioners present at a duly called meeting of the Board of Gaming Commissioners shall constitute a quorum necessary to conduct Board business.

(2) Voting. All Commissioners are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. The Board of Gaming Commissioners shall meet at least every other month, with additional meetings as required at the request of the Chairman or from four (4) Commission members. Notices for meetings shall be provided at least 24 hours before the meeting.

(4) Proceedings. All deliberations of the Board of Gaming Commissioners, except in Executive Session shall be recorded. Minutes of all meetings shall be taken and copies distributed to Commissioners prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Board.

(5) Executive Sessions. The Board of Gaming Commissioners may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Conferring with the tribal gaming attorney who is rendering oral or written legal advice concerning strategy to be adopted by the Board of Gaming Commissioners with respect to litigation in which it is or likely to become involved;

(B) Administrative status of background investigations for management license applicants, vendor license applications, and felony waiver petitions;

(C) Be advised of personnel decisions made by the Executive Director.

(6) Annual Budget / Compensation of Board of Gaming Commissioners.

(A) The Board shall review the annual operation budget of the Gaming Commission. Once reviewed, such budget shall be recommended to the Tribal Governing Board for approval as part of the tribal annual budget adoption process.

(B) Board members shall be paid an amount determined by the Tribal Governing Board as set forth in the annual operation budget of the Gaming Commission, which shall reasonably reflect the time required for services to carry out the powers and duties specified in this ordinance.

(C) Training for Board members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board as set forth in the annual operation budget of the Gaming Commission including travel, training/conference registration fees, and lodging costs.

(g) Advisory Capacity. The Board of Commissioners shall serve in an advisory capacity to the Tribal Governing Board and the Executive Director on the oversight and preservation of the integrity of gaming activities of the Tribe.

(1) "Advisory Capacity" to the Tribal Governing Board means that the Board of Gaming Commissioners shall assist the Tribal Governing Board in the oversight and preservation of the integrity of gaming activities of the Tribe. As with other Tribal Committees, Boards and Commissions the Board of Gaming Commissioners do not supervise the Tribal Governing Board on gaming matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Board of Gaming Commissioners shall perform its official powers and duties as established in Section CMP.1.4.030(a) above, but does not have approval authority over any required or requested actions that the Executive Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to actions that may be deemed confidential. The Chairperson or the Secretary of the Board of Commissioners may be present at all meetings where the Director is expected to present or submit required or requested gaming information to the Tribal Governing Board.

(2) "Advisory Capacity" to the Executive Director means that the Board of Gaming Commissioners shall assist the Executive Director in the oversight and preservation of the integrity of gaming activities of the Tribe and in the promulgation of rules of procedure as are reasonably necessary to carry out the responsibilities of this ordinance and all relevant gaming regulations and policies. The Board of Gaming Commissioners is not authorized to supervise the Director on gaming matters or to require or demand that the Director engage in or approve any particular recommendation and shall not be involved in Gaming Commission personnel matters except upon Tribal Governing Board request and then in only an advisory capacity.

(h) Restrictions.

(1) No commissioner shall be in a position involving a conflict of interest.

(2) No casino employee shall be a commissioner.

(3) No elected official of the Tribal Governing Board shall be a commissioner.

(4) Nothing in this ordinance authorizes the Board to interfere with gaming management, operations, and employment relations or decisions.

(5) Commissioners shall be prohibited from charging or receiving actual or in-kind compensation, fees, or gifts from license applicants, vendors, and tribally licensed gaming facility.

(i) Personal Liability and Immunity.

(1) Commissioners shall not have any personal liability for Board activities and obligations, except as maybe imposed by law.

(2) The Board of Gaming Commissioners, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (m) and (n), is immune, as is the Tribe, from suit and legal process, including but not limited to, levy, seizure, execution, and sale. Notwithstanding any provision of this ordinance, the Lac Court Oreilles Band of Lake Superior Chippewa Indians does not waive any aspect of its sovereign immunity.