6.10.100 Gaming Commission – Establishment, administration and powers.
(A) Establishment of Commission. The Karuk Tribal Gaming Commission is hereby established. The Commission shall consist of a minimum of three (3) members up to a maximum of seven (7) members appointed by a majority vote of the Council. The Council shall by Tribal resolution set the number of Commission members which number may be changed from time to time by appropriate Tribal Council resolution. A Commissioner shall serve for two (2) years and may be removed from office prior to the end of the Commissioner’s term only for cause and by a unanimous vote of the Council after a public hearing, if such hearing is requested by the Commissioner who is subject to removal. The Council may at the initial appointments establish an annually staggered Commission appointment schedule by appointing the first Commission for terms of less than or more than two (2) years, for their initial terms only. Thereafter, all successive terms of appointment for a Commissioner shall run for two (2) years. Vacancies on the Commission shall be filled within thirty (30) days by a majority vote of the Council. The Commission shall select annually, from its membership, a Commission Chair.
(B) Licensing of Commissioners. Applicants for the position of Commissioner must meet the requirements of this article and must first obtain a license from the Council prior to assuming office.
(C) Failure to Meet License Requirements or License Violations. If the Tribal Chair or the Council has reason to believe that a licensed Commissioner fails at any time to meet the license requirements under this article or that the Commissioner has violated this article, the Rules, the Compact, or the IGRA or any other applicable law, the Tribal Chair or the Council shall direct an investigation to be conducted and may notice the Commissioner for a hearing before the Council. A Commissioner shall have all of the rights and obligations given to a licensee or applicant therein, except that all hearings shall be conducted by and before the Council.
(D) Restrictions on Commissioners. No person shall serve on the Commission if that:
(1) Person’s other employment or responsibilities conflict or could potentially conflict with the duties and responsibilities of a member of the Commission;
(2) Person is an employee of the gaming operation or the person’s other employment or responsibilities create an impression or appearance of impropriety in the fulfillment of the duties and responsibilities of a member of the Commission; or
(3) Person is a judge in any tribal court.
(E) No Financial Interest in Gaming. No Commissioner shall have any direct or indirect financial interest in any gaming operation. For purposes of this section, “indirect financial interest” shall not include ownership of any mutual funds which holds stock in a publicly traded company, but shall include direct ownership of such stock. No Commissioner may accept gratuities or any other thing of value from any licensee or applicant. Commissioners may not gamble in any gaming establishment.
(F) Compensation of Commissioners. Commissioners shall be compensated at a rate to be established annually by the Council. Commissioners shall be reimbursed for actual expenses incurred on Commission business, including necessary travel expenses.
(G) Commission Meetings.
(1) Regular Meetings. The Commission shall meet at least once a month at the Commission’s main office or at any other designated meeting place.
(2) Special Meetings. Special meetings shall be convened by the Commission Chair as necessary to carry out the official duties of the Commission. Notice of each special meeting shall be given by the Commission Chair by telephone or mail to each Commissioner. Notice shall be received at least twenty-four (24) hours in advance of such meeting and shall include the date, time and place of the proposed meeting.
(3) Emergency Meetings. An emergency meeting may be called by the Chair of the Commission with less than twenty-four (24) hours’ notice; provided, however, that the Chair of the Commission shall use best efforts to assure that all Commissioners are notified of such meeting, with as much prior notice as possible under the circumstances.
(4) Meetings Open to the Public. All meetings of the Commission shall be open to the public; provided, however, that the Commission may, in its discretion, close any portion of any meeting to the public when discussing any information which the Commission deems confidential pursuant to the provisions of this article.
(H) Commission Offices. The Commission shall maintain an office in a location established by the Council. Such office shall serve as the Commission’s main business office and shall be the site at which Commission records and documents are maintained and stored on a permanent basis. No individual except a Commissioner, or other authorized employee or agent of the Commission may possess a key to or may enter any Commission office without the permission of the Commission. No person may access such records except a Commissioner, a person duly authorized by the Commission, or an attorney for the Commission. Nothing herein shall prevent Commission records from being maintained or stored at the offices of the Gaming Monitor.
(I) Quorum. A quorum of the Commission shall consist of a majority of the membership of the Commission, e.g., if a total of three (3) Commissioners, a quorum would consist of two (2) Commissioners. All decisions shall require the concurring votes of at least a majority of the members of the Commission present at the meeting, unless particular power is delegated to the Chairman pursuant to this article or the Rules.
(J) Organization of Commission. The Commission may organize itself into any functional division it deems necessary, and may alter such plan of organization as it deems expedient.
(K) Commission Record-Keeping. The Commission or Gaming Monitor shall maintain complete records regarding the following:
(1) Applications, financial statements, fingerprints, contracts, licenses, suspension and cancellation notices and correspondences of all applicants, including management entities or controlling shareholders, key employees, primary management officials, gaming establishments and gaming device suppliers;
(2) Commission licenses;
(3) Meeting minutes from all Commission meetings;
(4) Compact compliance;
(5) Reports relating to customer disputes, complaints or other issues that affect the integrity of the gaming operation;
(6) Commission budget and expenditures;
(7) Council communications and correspondences;
(8) Gaming device list pursuant to this article; and
(9) Any other records or documents the Commission or Gaming Monitor deems necessary or appropriate.
(L) Confidentiality. The Commission shall preserve as confidential all information provided by applicants and licensees; provided, that the Commission may, in its discretion, advise the NIGC, or the authorized representatives of any federally recognized Indian tribe regarding the denial, revocation or withdrawal of any application or license, or of any disciplinary action taken regarding any license or licensee.
(M) Reports. The Commission shall make monthly reports to the Council within thirty (30) days after the end of each month. Such reports shall contain the following information:
(1) Number and types of licenses issued during the previous thirty (30) day period;
(2) Information regarding license denials, suspensions or revocations;
(3) Report of any events of noncompliance, breach or violations of this article, the Rules, the Compact, IGRA, license or any other law or regulation; provided, however, that these reports are not the subject of or relating to a pending investigation of the Commission or the Gaming Monitor, or hearing before the Commission;
(4) A report of Commission expenditures for the prior thirty (30) day period;
(5) A summary of any Commission travel and training;
(6) The number of and purpose for any special Commission meeting(s); and
(7) All other information which the Commission deems relevant in order to keep the Council informed and current on all gaming regulatory matters.
(8) Nothing in this section shall authorize or permit the Commission or Gaming Monitor to provide the Council with any information pertaining to a pending investigation of the Commission or Gaming Monitor, or hearing before the Commission. Except as provided otherwise in this article, all such information shall be kept confidential. The Commission may find that any willful or negligent breach of this provision presents due cause for removal of the person from office or employment. The Gaming Disputes Court shall have the authority to impose civil penalties of up to five thousand dollars ($5,000) for each violation. Claims of such disclosure may be presented by the Monitor, the Commission or the licensee or applicant affected; provided, that any such claim shall be presented to the Gaming Disputes Court within sixty (60) days of the act complained of, or within sixty (60) days after the disclosure becomes known, whichever is later.
(N) Budget. The Commission shall establish a budget for its operations, including, but not limited to, a budget for the Gaming Monitor, shall acquire such furnishings, equipment, supplies, stationery, books and other items as it deems necessary or desirable to carry out its functions, and incur such other expenses, within the limit of funds available to it, as it deems necessary. Such Commission budget shall be subject to approval by the Council and, once approved by the Council, shall be funded from the Tribe’s general revenues. Within the limits of its Council approved budget, the Commission shall employ and fix the salaries of, or contract for the services of, such professional, technical and operational personnel and consultants as the execution of the Commission’s duties may require. The Commission budget may, at the Council’s discretion, be reviewed and modified by the Council every four (4) months. Any surplus remaining in the Commission’s budget at the end of any budget year shall be refunded to the Council.
(O) Powers. The Commission shall exercise all powers necessary to effectuate the purposes of this article and all other powers provided for in this article. In all decisions, the Commission shall act to promote and ensure the integrity, security, honesty and fairness of the operation and administration of all gaming. The Commission shall have the power to:
(1) Promulgate Rules pursuant to this article, for the operation of games and the control of internal fiscal affairs of gaming operations and the conduct of all business before the Commission;
(2) Grant, conditionally grant or deny any application for license;
(3) Limit, cancel, revoke, terminate, condition, modify, suspend, or restrict any license;
(4) Make findings of suitability or unsuitability;
(5) Impose civil penalties of up to five thousand dollars ($5,000) or sanctions for each violation of this article or the Rules upon any applicant or licensee;
(6) Require the licensee or applicant to make restitution for the actual or consequential damages of any violation of this article or the Rules;
(7) Conduct, or cause to be conducted, background investigations on all applicants and licensees;
(8) Hold administrative licensing hearings under this article;
(9) Bring or respond to actions pursuant to this article or the Rules before the Gaming Disputes Court.
(P) Promulgation of Gaming Rules. The Commission may promulgate Rules governing the conduct of all games authorized by the Compact or IGRA, including Rules governing all equipment (e.g., lottery terminals, computers, computer programs, chips, cards, pull tabs, pull tab dispensers), used in such games. The Rules of each authorized game offered shall be posted in a conspicuous location in every licensed gaming establishment.
(Q) Promulgation of Auditing and Internal Control Rules. The Commission may promulgate Rules governing the control of internal fiscal affairs of gaming operations. [Res. 03-R-36 § 10, 5/4/2003.]