25.01.010 Gaming Commission Established

(a) There is hereby established the Turtle Mountain Band of Chippewa Gaming Commission, (Commission), which shall regulate all Class II and III gaming activities conducted on Indian Land as defined by the Indian Gaming Regulatory Act, (IGRA), 25 U.S.C. §§ 2701 et seq. The Commission shall consist of five (5) members, composed of a chairman and four (4) associate Commissioners.

(1) The chairman and associate Commissioners shall be appointed and approved by resolution of the Tribal Council.

(2) Within ninety (90) days of approval of this Restated Title 25 by the Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act (IGRA), the Tribal Council shall appoint the initial chairman to a two (2)-year term ending in December of 2021; and

(3) The remaining members to a two-year term ending in December of each even numbered year end; and

(4) Thereafter, the Tribal Council shall appoint by resolution, the chairman and associate Commissioners to terms of two (2) years.

(5) Commissioners are not employees but serve as needed for Gaming Commission meetings.

(b) Qualifications for Commissioners:

(1) The Tribal Chairman shall conduct or cause to be conducted an inquiry into each appointee's financial stability, integrity, and good reputation prior to appointing a member to the Commission with tribal, federal and state law enforcement agencies and shall make an appropriate eligibility determination based upon the outcome of the investigation prior to appointment to the Commission.

(2) The Tribal Council shall ensure that criminal background checks are prepared for all candidates for the Commission.

(3) The Candidates for Commission are enrolled TMBCI Tribal members.

(1) No individual who has a conflict of interest prohibited by this title shall be eligible for appointment to or service on the Commission;

(2) No individual who has been convicted of a felony, or a gaming offense may serve on the Commission.

(3) No individual with a conviction for a gaming offense under any jurisdiction's laws will be eligible to serve on the Gaming Commission.

(4) The Tribal Council may consider a person with a felony, for appointment to the Commission provided the Council has made a written determination that such a person is sufficiently rehabilitated and the conviction did not involve a gaming offense.

(d) The chairman of the Commission shall have overall supervision and responsibility of the Commission activities. It shall be the duty of the chairman, with the concurrence of the four (4) associate Commissioners, to establish a plan of organization for the Commission and its staff.

(e) Two Tribal Council elected officials shall be appointed as liaison to the Commission to ensure good communication between the Commission and the government. They are not members of the Commission and are non-voting partners.