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(A) Appointment of Gaming Monitor. Subject to approval by the Council, the Commission shall hire a Gaming Monitor who shall be responsible for the day-to-day monitoring of gaming on the Tribe’s Reservation and to whom the Commission may delegate any of its duties under this article except for:

(1) The conduct of hearings, the decision of matters at issue at such hearing, the issuance, denial, limitation, supervision or revocation of licenses;

(2) The imposition of fines and the setting of the Gaming Monitor’s duties and compensation.

The Commission shall take such action as it deems necessary and appropriate to satisfy itself as to the qualifications of the Gaming Monitor before appointing the Gaming Monitor and shall oversee the Gaming Monitor’s activities on an ongoing basis. Preference will be given to Gaming Monitor applicants with experience in legal, gaming and/or accounting matters. No person who has been convicted of a felony of any kind or any misdemeanor which is gaming related or involves, fraud, misrepresentation or bribery may serve as a Gaming Monitor. Other than the interest that may be held by virtue of Tribal membership, the restraints on financial interest in any gaming operation set forth in this article shall also apply to the Gaming Monitor.

(B) Gaming Monitor’s Contract. The Gaming Monitor shall be hired on a contract basis for a period of at least one (1) year. The terms of the Gaming Monitor’s employment contract including, but not limited to, compensation and benefits, shall be negotiated with the Commission and approved by the Council.

(C) Termination of Gaming Monitor. The Gaming Monitor’s employment contract shall terminate immediately, and without the necessity of a vote or finding by the Council or the Commission, upon the Gaming Monitor’s conviction in any court of competent jurisdiction, including the Tribal Court, for a felony of any kind or any misdemeanor which is gaming related or involves, fraud, misrepresentation or bribery or for any breach or failure to perform the duties of the Gaming Monitor. If the Commission, the Council or any court determines that the Gaming Monitor has violated, or assisted in violations of, any part of this article, the Commission or the Council (by a majority vote of a quorum) may immediately terminate the Gaming Monitor’s employment contract.

(D) Duties of the Gaming Monitor. The Gaming Monitor shall, subject to the approval of the Commission, perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes of this article and the Compact, subject to the restrictions contained in this article. In all decisions, the Gaming Monitor shall act to promote and ensure integrity, security, honesty, and fairness of the operation and administration of all gaming. The duties of the Gaming Monitor shall include, but are not limited to:

(1) Corresponding with the NIGC and taking necessary actions to ensure continuing compliance with the rules and regulations of the NIGC. Specifically, the Gaming Monitor shall confirm that an annual outside audit of authorized gaming is performed within the time required by IGRA, and will provide a copy of such outside audit to the NIGC in a timely manner;

(2) Conducting, or ensuring that adequate and confidential background investigations are conducted, on all management entities or controlling shareholders, gaming device suppliers, and primary management officials and key employees of any gaming operation, and that oversight of such persons is conducted on an ongoing basis;

(3) Ensuring that all applications and background investigations called for by this article are properly completed and that no person is employed in any gaming operation if that person’s prior activities, criminal record, reputation, habits or 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 Gaming Monitor shall ensure that the NIGC receives the results of any background checks conducted on primary management officials and key employees of any gaming operations;

(4) Reviewing all records, documents or other evidence and information necessary and pertinent to the enforcement of any provision of this article, the Rules, the Compact, or IGRA;

(5) Recommending to the Commission whether a license should be granted, denied, revoked or canceled and whether sanctions should be imposed on any person pursuant to the provisions of this article; and

(6) Performing any and all other duties as may be required by the Compact, this article, the Commission, the Rules, or IGRA, subject to any applicable restrictions contained therein.

(E) Right of Inspection. The Gaming Monitor and the Commission have the authority to:

(1) Inspect and examine all premises wherein gaming is conducted, or gaming devices or equipment are manufactured, sold or distributed; and

(2) Inspect all equipment and supplies in, upon or about any gaming establishment, and/or inspect any premises, equipment or supplies wherever located, which may be or have been used in connection with gaming.

(F) Certification of Gaming Devices. All gaming devices purchased, leased or otherwise acquired by the Tribe must meet the technical equipment standards of the Compact. The Commission or Gaming Monitor shall maintain a complete list of all gaming devices (whether or not such devices are in use) located at any gaming establishment. [Res. 03-R-36 § 11, 5/4/2003.]