[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Tribal Council of the Grand Traverse Band of Ottawa and Chippewa
Indians finds that control and regulation of gaming activity is necessary
to promote tribal economic development, self-sufficiency, and sovereignty;
to protect the operation of gaming enterprises from organized crime
and corrupting influences; and to ensure that gaming is conducted
fairly and honestly by both operators and players. The Tribal Council
finds that this duty is best conducted by a subordinate governmental
organization permitted to exercise certain delegated executive and
legislative powers.
(b) The purpose of this ordinance is to establish the Gaming Commission
with certain delegated authorities, powers, and duties.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Grand Traverse Band Gaming Commission is established as a subordinate
governmental organization pursuant to Article IV, Section 1(m) of
the Constitution of the Grand Traverse Band of Ottawa and Chippewa
Indians.
(b) As a subordinate governmental organization, the Gaming Commission
enjoys the same attributes of sovereignty as the Grand Traverse Band,
including, but not limited to, sovereign immunity from suit and liability
in any jurisdiction, court, or venue.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Gaming Commission is a resident of, and will maintain its principal
place of business on, the Reservation of the Grand Traverse Band in
Peshawbestown, Michigan.
(b) The Gaming Commission may conduct business under this ordinance at
any location it deems to be in the best interests of the Band.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) Assets.
(1) The Gaming Commission will have only those assets specifically assigned
to it by the Tribal Council, or acquired in its name by the Tribal
Council, or may acquire necessary assets on its own behalf.
(2) The property of the Gaming Commission is public property to be used
for essential public and governmental purposes. The Gaming Commission
and its property are exempt from all taxes and special assessments
levied by the Tribal Council.
(3) Upon dissolution of the Gaming Commission, the title to any and all
property then owned by it shall vest in and become property of the
Band.
(4) No activity of the Gaming Commission nor any indebtedness incurred
by it shall implicate or in any way involve or affect the assets of
the Band's members or the Band unless the assets were assigned
in writing by Tribal Council resolution to the Gaming Commission.
(b) Nothing in this Gaming Code, nor in any activity of the Gaming Commission,
in any way involves or implicates the credit of the Band or the Gaming
Commission.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Gaming Commission is comprised of at least two, but no more than
four, members appointed by the Tribal Council and one member elected
by the membership of the Band. Commissioners will serve staggered
terms of four years. There is no prohibition on successive terms of
service.
(b) The Tribal Council may designate any person, including any member
of the Tribal Council, to participate without vote on the Gaming Commission.
(c) If any commissioner dies, resigns, is removed or for any reason is
otherwise unable or unwilling to serve as a commissioner, the Tribal
Council must declare his or her position vacant and must appoint another
person to fill the position for the remainder of the term. If the
vacant position is the elected position, the Election Board must hold
a Special Election to fill the remainder of the term consistent with
its rules. If the Election Board does not hold a Special Election
within a reasonable amount of time, Tribal Council must fill the vacancy
by appointment for the remainder of the term.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) To be elected or appointed to the Gaming Commission, an individual
must be an enrolled member of the Grand Traverse Band and at least
18 years of age.
(b) The Regulatory Department must conduct a comprehensive background
investigation and credit check of each candidate or potential appointee.
For each candidate or appointee, the Election Board or the Tribal
Council, respectively, will determine whether the investigation reveals
that the person's prior activities, criminal record (if any),
or reputations, habits, or associations pose a threat to the public
interest, or threaten the effective regulation and control of gaming,
or enhance the dangers of unsuitable, unfair or illegal practices,
methods, or activities in the conduct of gaming.
(c) A person must pass an independently administered alcohol and drug
test substantially similar to the pre-employment test given to prospective
tribal employees prior to being considered as an appointee or to be
qualified as a candidate. Failure or refusal to submit to the test,
or the presence of alcohol or illegal drugs at the time of testing,
will disqualify the person from appointment or candidacy.
(d) A person is not eligible for election, appointment, or continued
service on the Gaming Commission if:
(1) The person is simultaneously a Tribal Council Member, although this
provision does not prevent non-voting participation under § 205(b)
of this ordinance;
(2) The person was convicted of, or entered a plea of guilty or no-contest
to, a felony, a gaming offense, or any misdemeanor which involved
an element of dishonesty or moral turpitude;
(3) The person or any member of the person's immediate family has
a financial interest in any gaming activity or facility, other than
the receipt of a per capita benefit, or an immediate family member's
employment in a gaming operation.
(4) The person is employed by any gaming operation.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Tribal Council may suspend or remove a commissioner for serious
inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance,
misconduct in office, or for conduct which threatens the honesty and
integrity of the Gaming Commission or gaming activity, or is found
to be disqualified under § 206(d) of this ordinance, or
otherwise violates the letter or intent of this Title 18.
(b) The Tribal Council may temporarily remove a commissioner to protect
essential interests of the Band from immediate harm by delivering
written notification of temporary removal. The notice must state the
basis for the temporary removal action and contain a date for the
hearing required in this § 207. Temporary removal is effective
immediately and prohibits the commissioner's further participation
in any Gaming Commission business. Tribal Council must convene a hearing
within 10 days of the written notice to consider whether to remove
or reinstate the commissioner, and the hearing must be conducted according
to § 207(d) below.
(c) The Tribal Council may otherwise remove a commissioner by delivering
written notice to a commissioner that it will consider the commissioner's
removal from the Gaming Commission. The written notice must state
the basis for the removal action and contain a date for the hearing
required by this § 207(c).
(d) The Tribal Council may conduct a removal hearing at any regular or
special Tribal Council session, or by a special or emergency session
called for that purpose. The commissioner subject to removal must
appear in person at the hearing or meeting, and may present witnesses.
A commissioner subject to removal has a right to counsel present at
the hearing or meeting. If the Tribal Council finds that the commissioner
has engaged in behavior described in § 207(a), it will remove
the commissioner. Failure of a commissioner to appear after receiving
notice that he or she is subject to removal will be considered default
and is sufficient for a finding under § 207(a). A written
record of all removal proceedings, including the charges and findings,
must be kept by the Tribal Secretary.
(e) The decision of the Tribal Council after a hearing to remove a commissioner
is final action for purposes of appeal to the Tribal Court, which
shall be limited to administrative review.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Gaming Commission must hold at least one regular meeting per
month on a schedule determined in advance by the Gaming Commission
and posted publicly. Regular session agendas must be posted for public
notice at least one week prior to the meeting.
(b) The Tribal Council, the Chair of the Gaming Commission, or any member
of the Gaming Commission may call a special session. Special session
agendas must be posted as soon as practicable after the meeting is
called.
(c) The commissioners may be paid an honorarium for attendance at all regular meetings conducted pursuant to the 2 GTB 5, Open Access Meetings Act, and for all hearings conducted pursuant to Gaming Commission Regulations Chapter
5. Honorariums shall not be paid for special meetings, trainings, or travel obligations.
(d) Quorum for the conduct of Gaming Commission business is a majority
of the total number of commissioners seated on the Commission by appointment
or election.
(e) The Gaming Commission can only act by motion, resolution, or regulation
as determined by a majority vote with a quorum present.
(f) A Commissioner must recuse himself or herself from all participation
and decisions that pose a real or apparent conflict of interest.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
The Tribal Council delegates to the Gaming Commission sufficient
legislative and executive authority to implement this Title 18. The
Gaming Commission has the power:
(a) To issue any gaming license as authorized by this Title 18, and to
deny, suspend, or revoke the same;
(c) To promulgate and publish regulations to control day-to-day gaming
activities, and to publish and distribute those regulations and this
Title 18, and other applicable laws or regulations it deems necessary;
(d) To convene hearings and to administer oaths under penalty of perjury,
and at hearings or otherwise to examine witnesses or individuals,
orally or in writing, and to compel by subpoena the appearance of
any person or the production of any books, records, or papers;
(e) To examine or investigate any gaming facility or any other place,
equipment, tangible property, books, records, papers, vouchers, accounts,
documents, or financial statements of any gaming operation operating
or suspected to be operating within the jurisdiction of the Grand
Traverse Band;
(f) To request and receive assistance from the Tribal Legal Department
for hearings, for defining terms in this Title 18, for advising the
Commission, for drafting documents or for any other permissible purpose;
(g) To employ advisors as it deems necessary, such as law enforcement
specialists, gaming professionals, the Tribal Legal or Accounting
Departments, to exercise and carry out its responsibilities;
(h) To sue in courts of competent jurisdiction within the United States
and Canada, subject to the provisions of this Title 18 and other tribal
laws, subject to the explicit approval of Tribal Council by written
resolution, and the authority to arbitrate, compromise, negotiate,
or settle any dispute to which it is a party relating to its authorized
activities, including the power to bring suit for mandamus, injunctions,
or other proceedings necessary to compel obedience to its orders;
(i) To purchase, lease, take by gift, devise, bequest or otherwise acquire,
own, hold, improve and use property and assets of every description,
real and personal, tangible and intangible, including money, securities,
or interests therein, rights and services of any kind and description
or any interest therein, provided that any acquisition of any interest
in real property is subject to the explicit approval of the Tribal
Council by written resolution, and that title to real property or
fixtures or improvements upon real property be taken in the name of
the Grand Traverse Band or in the name of the United States for the
Grand Traverse Band, and that all title to trust or restricted real
property remain in trust or restricted;
(j) To sell, convey, mortgage, pledge, lease, exchange, transfer, or
otherwise dispose of all or any part of its property, assets and revenue;
(k) To enter into, make, perform, and carry out any agreement, partnership,
joint venture contract or other undertaking with any federal, state,
or local agency, or Indian tribe, or person, partnership, corporation,
or other association or entity for any lawful purpose pertaining to
its business or which is necessary or incidental to accomplishing
the purposes of this Title 18;
(l) To adopt and amend fee schedules and to charge fees to members of
the public for licensing, investigating, or otherwise conducting its
business, provided that no fee will be charged to or required of any
tribally-owned or tribally-operated Class II or Class III gaming operation;
(m) To require by regulation the filing of any records, forms, or reports,
and all other information desired by the Tribal Council for implementation
of this Title 18 relating to any gaming activity or operation, or
any investigation as required by tribal or the Indian Gaming Regulatory
Act;
(n) To provide for an internal system of recordkeeping with adequate
safeguards to preserve confidentiality;
(o) To conduct background investigations of all individuals or entities
who apply for licensing;
(p) To discipline any applicant or licensee by ordering immediate compliance
with this Title 18 or its regulations, and to issue orders of temporary
suspension for any issued license;
(q) To order the temporary closure of any gaming facility within the
Band's jurisdiction if it determines that closure is necessary
to protect the assets or interests of the Band; and
(r) To delegate by regulation, motion, or resolution its power and authority
to a Regulatory Department for execution, provided that the Gaming
Commission shall not delegate its authority to permanently revoke
a gaming license.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
The Gaming Commission has the duty to monitor and regulate gaming
activity within the Band's jurisdiction, and to enforce this
Title 18 and its regulations according to tribal law and applicable
federal law. The Gaming Commission has duties that include, but are
not limited to the following:
(a) To arrange for and attend appropriate training for its members and
its staff to maintain competence with applicable federal and tribal
law, which must include at least one annual on-site training provided
by the NIGC;
(b) To maintain files of license applications, background investigations,
and hearing records, for a period of at least 10 years, notwithstanding
any provision of law that permits a shorter time period;
(c) To prepare an annual operating budget for all Gaming Commission activities
and present it to the Tribal Council by August 15th of each year,
with any requests under the GTB Appropriations Act subject to the
tribal budgeting process;
(d) To delegate to the Regulatory Department sufficient authority and
duties to perform day-to-day execution of this Title 18 and related
regulations, including, but not limited to, the conduct of background
investigations on each person or entity applying for a gaming license;
(e) To receive reports from the Regulatory Department regarding its inspections
and/or audits of each licensed gaming facility according to § 212
of this ordinance.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Gaming Commission regulations promulgated under Section 209(c)
above must include, at a minimum:
(1) Internal operating procedures of the Gaming Commission, the Regulatory
Department and its staff, provided that the Department and its staff
shall also be subject to all applicable tribal policies, including,
but not limited to, personnel policies, travel policies, purchasing
policies, operating charts and chains-of-command;
(2) A regulatory system for all gaming activity, including accounting,
contracting, licensing and suspension of licenses;
(3) The conduct of inspections, investigations, hearings, enforcement
actions and other powers of the Gaming Commission authorized by this
Title 18.
(b) No regulation of the Gaming Commission will be of any force or effect
unless it is adopted by the Gaming Commission by written resolution
and subsequently published by a resolution of the Tribal Council and
both filed for record in the office of the Tribal Secretary and in
the Office of the Clerk of the Tribal Court.
(c) The Tribal Court and any other court of competent jurisdiction may
take judicial notice of all Gaming Commission regulations adopted
pursuant to this Code, and the Gaming Commission must provide all
courts of competent jurisdiction with copies of properly enacted regulations.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) The Regulatory Department staff may enter the premises of any gaming
operation or gaming facility for the purpose of making inspections
and examining the accounts, books, papers and documents of the operation
of the facility during the facility's business hours.
(b) A Gaming Commission or a member of the Regulatory Department must
visit each tribally-owned or tribally-operated gaming facility at
least once every two weeks during normal business hours of 8:00 a.m.
to 5:00 p.m. for the purpose of monitoring its operation. All visits
shall be unannounced. A gaming operator shall facilitate such inspection
or examination by giving every reasonable aid to the Gaming Commission
and to any properly authorized officer or Regulatory Department staff.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a) A commissioner who receives information regarding an alleged violation
of this Title 18 shall disclose to the Gaming Commission the nature
of the alleged violation. The Commission by motion may direct the
Regulatory Department to investigate the alleged violation. Subsequent
contact regarding the alleged violation must not be received by a
commissioner but must be directed to the Regulatory Department for
inclusion in its investigation.
(b) Any commissioner with personal knowledge of an alleged violation
must recuse himself or herself from any subsequent hearing regarding
the alleged violation.