CMP.1.5.050 Felony Waivers

(a) The Tribal Governing Board retains the discretion to approve or deny a felony waiver for employment in gaming upon a due diligent investigation of sufficient rehabilitation and present fitness, accompanied by a recommendation from the Gaming Board of Commissioners.

(1) The Tribal Governing Board shall grant a felony waiver only by legislative resolution.

(b) Information required for "Background Investigations" is specified in Section CMP.1.5.060(c) of this ordinance and the Tribal Felony Waiver Policy and Procedure adopted and incorporated as an Exhibit to this ordinance.

(c) Any person requesting a Felony Waiver must also complete a "Felony Waiver Petition" which is attached and incorporated as an Exhibit to this ordinance.

(d) No person who falls under the criteria in 25 U.S.C. § 2711 (a)(1)(A) shall be granted a Felony Waiver.

(e) Any person filing a Felony Waiver Petition must also complete an employee License Application Form.

(f) The Tribal Gaming Enforcement Official conducting the Background Investigation will complete a "Background Investigation Form" as described in Section CMP.1.5.060(c) of this ordinance, and as incorporated and attached as an exhibit to this ordinance.

(1) All records relating to the Background Investigation shall be retained for a period of at least seven (7) years.

(g) The Gaming Commission will contact a sufficient number of persons listed on the Felony Waiver Petition and others including, but not limited to: current and past Probation / Parole Officers, counselors, psychotherapists, neighbors and others.

(h) The Tribal Governing Board retains the authority to impose any and all conditions it deems necessary upon a licensee, and his or her license, should a felony waiver be granted.