WAGANAKISING ODAWAK STATUTE 2018-___
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WAGANAKISING ODAWAK STATUTE 2018-___
Gaming Authority Statute
SECTION I.
REPEALS AND REPLACES
This Statute repeals and replaces WOS 2015- 09 Gaming Enterprise Board Statute including
previous Statutes: Waganakising Odawak Statute Gaming Delegation and Authority Statute
2010-21; 2009-012, WOS 2004-08, WOS 2001-12, or as amended.
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SECTION II.
PURPOSE
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Branch” and who shall henceforth be known as the Little Traverse Bay Bands of Odawa Indians
“Gaming Authority”.
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D.
Since the Gaming Regulatory Commission is under the Executive Branch it would be in
appropriate to have the Gaming Authority report to the Executive.
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E.
The Gaming Authority is a subordinate Tribal entity whose management authority and
responsibilities are set forth in this Statute.
A.
This Statute is created for the purpose of delegating management authority of the Tribe’s
Gaming Enterprise(s) in accordance with LTBB of Odawa Indians Constitution, Article VII D
(24), “To provide by statute for the management of any and all economic affairs and Enterprises
of the Little Traverse Bay Bands of Odawa Indians that will further the economic development of
the Tribe or its members. Such statutes will delegate management responsibilities to Tribally
chartered corporations or other subordinate Tribal entities, or where appropriate, to the Executive
B.
In accordance with LTBB of Odawa Indians Constitution, Article VII D Tribal Council is
charged with the follow power: “Raise revenue, including the power to enact laws to levy taxes
and govern the collection of taxes and license fees;”
C.
The Gaming Authority reports directly to Tribal Council.
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F.
The Gaming Authority shall ensure that the Gaming Enterprise(s) comply with all
applicable laws, regulations, policies and rules.
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SECTION III.
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A.
“Annual Enterprise Business Plan” means the twelve-month marketing, financial and
operations plan written for the gaming operation and related ancillary businesses including shortterm and long-term strategies of the Gaming Enterprise by department.
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to implement by department in order to meet its financial and operating goals and objectives.
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F.
“Equitable Distribution” means a balance between what is provided to the Tribe as a
distribution and overall health of the casino operations that includes maintenance, employee
morale, and quality customer service.
G.
The Gaming Authority shall act in the best interest of the Tribe.
H.
The Gaming Authority is to provide Equitable Distribution of profits to the Little
Traverse Bay Bands of Odawa Indians Tribal government.
DEFINITIONS
B.
year.
“Annual Capital Asset Plan” means the planned capital asset purchases for the fiscal
C.
“Annual Strategic Plan” means the analysis and strategies the Gaming Enterprise intends
D.
“Business Plan” means a plan written for the operations of the Casino for a designated
timeframe that includes goals, measurable objectives, strategies, tactics, person assigned to the
task and timelines.
E.
“Director of Finance” means the person employed by the Enterprises, who reports
directly to the Gaming Authority, to oversee all financial affairs of the Enterprises.
G.
“Free play wager” means a non-value promotional consideration afforded a
player to participate in a game without requiring the player to place anything at risk.
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H.
“Gaming Enterprise” or “Enterprises” means the Odawa Casino Resort, Mackinaw
Casino and any other tribally owned Enterprises or businesses related to gaming.
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commonly-followed accounting rules and standards for financial reporting.
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L.
“General Manager” means the person or persons hired to manage and oversee the dayto-day operations of the Enterprises.
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O.
“LTBB Tribal Citizen” means a person who is a member of the Little Traverse Bay
Bands of Odawa Indians Tribe.
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R.
“Tribal Council” means the governing body of Legislative Branch of the Little Traverse
Bay Bands of Odawa Indians.
I.
“Fiscal Year” means the twelve-month period from January through December.
J.
“Gaming” means any game classified as "Class II" or "Class III" under the Indian
Gaming Regulatory Act of October 17, 1988 and or future amendments.
K.
“GAAP” or “General Acceptable Accounting Principles” means collection of
M.
“Independent Auditor” is the person or entity required under the LTBB Gaming
Regulatory Statute, as amended.
N.
“LTBB” or “Tribe” means Little Traverse Bay Bands of Odawa Indians.
P.
“Public” means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and their
immediate family members.
Q.
“Senior Financial Analyst” means the individual(s) employed by the Tribal Council in
the Office of Finance and Revenue, or its successor office or department.
SECTION IV.
TRIBAL COUNCIL DELEGATION
A.
In accordance with the Tribal Constitution, Article VII D (24), Tribal Council delegates
the management of the Gaming Enterprises to the Gaming Authority, a subordinate entity of the
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Tribe that reports to the Tribal Council.
B.
The Gaming Authority shall be established with the current members of the Gaming
Enterprise Board, provided that the members have an interest in continuance of service and that
they meet qualifications as listed in this Statute.
SECTION V.
A.
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COMPOSITION, REQUIRED QUALIFICATIONS,
APPOINTMENT AND TERMS
COMPOSITION
1.
The Gaming Authority shall consist of three (3) to five (5) members who meet the
eligibility requirements set out in subsection (B) of this section.
2.
A majority of the members of the Gaming Authority shall be LTBB Tribal
Citizens. Members of another tribe or non-tribal may fill the other positions on the
Gaming Authority.
3.
If an LTBB Tribal Citizen’s term expires, they shall remain on the Gaming
Authority until a successor is appointed. In all other cases, if the term expires then the
appointment will end.
4.
The Gaming Authority shall have three (3) officers including a Chairperson, Vice
Chairperson and Secretary/Treasurer. The officers are elected and approved by the
Gaming Authority. Election of Officers shall be held annually.
B.
REQUIRED QUALIFICATIONS
To serve on the Gaming Authority a person must meet the following:
1.
Must be licensed under the Tribe’s Gaming Regulatory Ordinance.
2.
Must possess one of the following educational or experience qualifications:
a.
Possesses a Degree in Business Administration, Finance, Hospitality or
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a related discipline; or
b.
A minimum of three (3) years successful work experience in a
management position in the field of business administration, public
administration, gaming industry, hotel management, accounting, finance or law;
or
c.
A minimum of six (6) years of gaming work experience preferably with
specialized knowledge and expertise relevant to the gaming industry.
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3.
Possesses leadership qualities, shows good judgment, is approachable and team
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oriented;
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6.
No person shall serve on the Gaming Authority who is within seven (7) years of
completion of a sentence or probation upon being convicted of a felony in Tribal, State,
or Federal Court, unless such conviction has been vacated or overturned;
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relationship with another Gaming Authority member, or Regulatory Commission or staff,
in either a direct report or supervisory position.
4.
No person can serve on the Gaming Authority who is an elected official of LTBB;
5.
No person can serve on the Gaming Authority who is employed by any Gaming
Enterprises of LTBB or LTBB’s direct competitor. A direct competitor is an entity that is
competing for the same market as LTBB’s Gaming Enterprises.
7.
No person shall serve on the Gaming Authority who is on a Security Ban from
the Gaming Enterprise or who has been banned in the last two (2) years, unless the ban
is a self-imposed ban;
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C.
No person shall serve on the Gaming Authority if there is a direct employment
APPOINTMENTS & TERMS
1.
Gaming Authority members who meet the qualifications, shall be approved by a
majority vote of Tribal Council for a one (1) to four (4) year term. Positions will be
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approved on a staggered calendar. If a vacancy occurs during a term, every effort will be
made to appoint another candidate to serve the remainder of the term.
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3.
The Gaming Authority may recommend to Tribal Council the removal of a
Gaming Authority member for cause. Such recommendation shall be by a majority vote
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of the Gaming Authority, using the following criteria:
2.
Any Gaming Authority member may resign at any time. Such resignation will be
in writing and submitted to the Gaming Authority Chair. The Gaming Authority Chair
will immediately give notification to Tribal Council. If the person resigning is the
Gaming Authority Chair, the resignation will be submitted directly to Tribal Council.
Resignations shall take effect immediately without acceptance.
a.
Intentional act or failure to act resulting in material harm to the
organization.
b.
Found liable of discrimination based on protected classes or of sexual
harassment.
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c.
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Incompetency.
d.
Violation of the Constitutionally Mandated Rules of Conduct or other
Ethical violations.
e.
Neglect of duties.
f.
Violations of Tribal law.
g.
Violations of Gaming Authority Policy.
h.
Failure to attend Gaming Authority meetings within a consecutive three
(3) month period.
4.
Gaming Authority members may be removed by a majority vote of Tribal Council
for any of the criteria listed in 3 above. Prior to any vote for removal, the Gaming
Authority member has the right to request a hearing before Tribal Council.
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SECTION VI.
COMPLIANCE RESPONSIBILITY
A.
The Gaming Authority shall adhere to the Constitutionally Mandated Rules of Conduct
for Officials of Tribal Government that are approved by Tribal Council and any other subsequent
rules, as it may apply.
B.
The Gaming Authority shall adhere to the Tribal Minimal Internal Control Standards
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(TMICS) and all other applicable Statutes and laws.
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C.
The Gaming Authority shall ensure that all “Free play wager” must be accounted for
separately from revenue; and shall never be included as revenue in any revenue report.
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days after leaving the Gaming Authority.
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D.
The Gaming Authority shall adhere to all applicable Policies and Procedures approved by
the Tribal Council.
E.
No member of the Gaming Authority shall be allowed to participate in any gaming
activity operated by LTBB while serving on the Gaming Authority and for at least forty-five (45)
F.
No member of the Gaming Authority shall be employed by the Enterprise for a period of
forty-five (45) days after serving on the Gaming Authority.
G.
Upon notice of an investigation of a Gaming Authority member’s license, the Gaming
Authority member shall be suspended from participating on the Gaming Authority and all pay
will be suspended.
SECTION VII.
POWERS, DUTIES AND FUNCTION
A.
Powers. The Gaming Authority shall have the following duties and powers in connection
with the Gaming Enterprise:
1.
Employment. The Gaming Authority shall employ a General Manager through
an employment contract. The employment contract shall contain the following terms:
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length of employment; rate of pay; bonus structure; general terms and conditions of
employment; and the requirement to adhere to all tribal laws. The General Manager shall
be required to be licensed by the Gaming Regulatory Commission.
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that involve the General Manager.
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4.
Vacancy. The Gaming Authority shall have a policy in place in the event that
there is a vacancy in the General Manager’s position. Such policy shall utilize one or
more of the executive management of the operation.
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Authority, provided funding is available. Per the Constitution, employment of legal
counsel shall be approved by Tribal Council.
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2.
Evaluation, Suspension, or Termination of the General Manager. The
Gaming Authority may evaluate, suspend with or without pay or terminate the General
Manager’s employment prior to the expiration of his or her contract.
3.
Through policy and procedures, address employee and/or customer complaints
5.
To employ staff to carry out the Gaming Authority’s functions, provided funding
is available.
6.
To employ or retain consultants and/or legal counsel to advise the Gaming
7.
Report to Tribal Council, all major events such as closure of the casino, levied
fines, resignation of a Gaming Authority member, loss of Gaming Authority member’s
license, hiring or termination of the General Manager, and/or any other information
having a direct impact on Gaming Enterprise operations.
B.
DUTIES AND FUNCTIONS
1.
The duties of the Gaming Authority shall include review and approval of Gaming
Enterprise policies, procedures, plans and budgets which shall include, but not be limited
to:
a.
Human Resources policies. Any Human Resources policy adopted by the
Gaming Authority shall include a standard process for all employees that provides
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for the right to grieve a termination;
b.
Annual Enterprises Business plan;
c.
Annual operating budget and any modifications. Variances of four
percent (4%) or more shall be reported to Tribal Council;
d.
Distribution of annual services payments to the Tribal Government.
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2.
The Gaming Authority shall monitor compliance of the approved policy and
procedures through the General Manager but shall not be involved in the day-to-day
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decision-making process of the Gaming Enterprises and it operations. Any Gaming
Authority approved policy shall be reported to Tribal Council and upon request copies
shall be made available to Tribal Council.
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3.
Review and approve the establishment and maintenance of bank accounts as may
be necessary for the operations of the Enterprises. The Senior Financial Analyst shall be
made aware of any changes to the bank accounts. The Senior Financial Analyst shall
access to all bank accounts, with “read only permission” access.
4.
The Gaming Authority shall be responsible for maintaining regular reporting and
accountability to both the Tribal Council and the Tribal Citizens through the development
of appropriate financial reporting.
5.
The Gaming Authority is not authorized to incur any financial obligation or
liability, other than what is in the Gaming Authority’s approved budget, without prior
Tribal Council approval.
6.
The Gaming Authority shall present an annual budget to the Tribal Council via
the Appropriation and Finance Committee for approval. Such proposed budget shall be
submitted in a timely manner so that the fiscal year’s budget is in place by the beginning
of the fiscal year.
7.
The Gaming Authority shall adopt meeting policies and any other policies for
Gaming Authority business, provided such policies are in accordance with this Statute.
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SECTION VIII. MEETINGS
A.
The Gaming Authority shall meet in person at least once per month, and the agenda shall
include a time for public comment. Such meeting will be held within the LTBB reservation and
open to Tribal Citizens.
B.
Closed Sessions may be held only for the purposes of personnel, litigation, confidential
business or legal matters; or matters that rise to the level of significant privacy or confidentiality.
Tribal Councilors or Tribal Council’s designee may attend closed sessions, except for personnel
matters, as observers only.
C.
Minutes shall be taken and posted.
D.
Each meeting shall contain a public comment period that will be open only to the public
as defined by the Open Meetings Statute.
E.
Notice of meetings or work-sessions shall be posted forty-eight (48) hours in advance.
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F.
Gaming Authority business that requires immediate attention may be conducted by
electronic means. Any action taken via electronic means shall be recorded in the minutes of the
next regularly scheduled meeting. The Gaming Authority Secretary/Treasurer or designee shall
attempt to notify each of the Gaming Authority members of the electronic communication or
conference call by any practical means including telephone, fax, email, text or in person and
must certify that an attempt was made to contact each Gaming Authority member.
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action taken must be ratified at the next regularly scheduled meeting of the Gaming Authority,
and the minutes must state the reason that such emergency action was necessary.
G.
Emergency meetings may only be called when immediate action is necessary for the
preservation or promotion of essential interests of the Tribe and Enterprises. The emergency
H.
A quorum for a Gaming Authority meeting shall consist of a majority of the members
who are currently serving on the Gaming Authority. A meeting may not be called to order
without a quorum present and no official business shall be conducted without a quorum.
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I.
Gaming Authority records shall be open to Tribal Citizens upon request in accordance
with Tribal law, except in matters of confidential business, or potential business dealings as
defined by Tribal Statute.
SECTION IX.
COMPENSATION
A.
The Gaming Authority shall be compensated, subject to the availability of funds, as
follows:
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1.
Four Hundred dollars ($400.00) meeting stipend, with a maximum monthly
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meeting stipend of $800.00 a month. In order to receive the meeting stipend, the
Gaming Authority member must be in attendance at least for ¾ of the meeting.
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policies.
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2.
Meeting stipends shall not be paid for other activities such as attendance at events,
trainings, or conferences.
3.
Expenses for travel for meetings, training and conferences shall include per diem
and reimbursement of expenses in accordance with the Tribal Council approved Travel
SECTION X.
REQUEST FOR INFORMATION
A.
If the Gaming Authority as a whole or individually makes any written or verbal requests
to an individual Tribal Councilor, all of Tribal Council will be copied on the request.
B.
If an individual Tribal Councilor makes any written or verbal requests to the Gaming
Authority or Gaming Authority member, all of Tribal Council will be copied on the request.
C.
Any verbal communications or requests to or from the Gaming Authority to a Tribal
Councilor shall be reported by the Tribal Councilor under the “Tribal Council Member Report”
on the next Tribal Council agenda.
D.
Tribal Council also designates the Senior Financial Analyst the authority to request, on
behalf of a Councilor or Tribal Council, any financial information. All of Tribal Council will be
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copied on the written requests, along with the responses. Any verbal requests shall be reported
by the Senior Financial Analyst at the next Tribal Council meeting.
SECTION XI.
REPORTING REQUIREMENTS
A.
Monthly Reports. The Gaming Authority shall provide Tribal Council a monthly
report that contains the following and shall be submitted to the Tribal Council within thirty
(30) days from the end of the prior month:
1.
Property Overview: report on all maintenance and cap ex projects
2.
Marketing and promotions
3.
Operational Updates
4.
Human Resources
5.
Financial Review
6.
Actual revenues
7.
Expenses and earnings before Interest Taxes, Depreciation and Amortization
(EBITA) for the preceding month (actuals), current month (projection) and not less
than two (2) months in advance (forecast) based on Annual Enterprise Business Plan
8.
The number of employees, number of Tribal Citizens, other Natives and nonNatives employed, and turn-over-rate, number of Tribal Citizens in management
positions, Native or non-Native employed in management positions
9.
Request of new development and/or capital projects
10.
All other relevant information.
B.
Director of Finance Monthly Financial Report. The Director of Finance shall
provide a monthly report of all Gaming Enterprises financial records, in accordance with
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GAAP, to the General Manager, the Gaming Authority, Tribal Council, and the Sr. Financial
Analyst. The Monthly report shall contain confidential Financials for each Gaming Enterprise
owned by the Tribe and shall be submitted to the Tribal Council within twenty (20) days from
the end of the prior month.
1.
Managerial
2.
Gaming
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3.
Hotel
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4.
Food and Beverage
5.
Gift Shop and Events Center
6.
Marketing
7.
Support Services
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8.
Annual Service Payments
9.
Casino Performance Ratios
10.
Sales Comparison chart
11.
EBITDA Comparison chart
12.
Current Actual vs. Prior Year vs. Budget
13.
Statement of cash flows
14.
Actual vs. Budget vs. Last Year for each Department
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15.
Notification of budget modifications or amendments over a 4% change, either
increase or decrease of a department budget
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C.
Quarterly Report. On a quarterly basis, the Gaming Authority shall provide Tribal
Council and the Senior Financial Analyst the projected and forecasted revenues. Additionally,
on a quarterly basis or upon request of Tribal Council, the Gaming Authority will meet with the
Tribal Council and provide an update on operations of the Gaming Enterprise and shall provide
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input for the determination of what amount shall be considered an Equitable Distribution. Based
on these discussion, Tribal Council shall determine the amount of Equitable Distribution that the
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Gaming Authority shall provide as profits to the LTBB Tribal government.
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finances of the past year and discuss plans for the upcoming year.
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16.
Promotional play
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Profit Statements, Loss Statements and Equity Statements submitted under
separate cover.
D.
Annual Report. By March 31st of each year, the Gaming Authority shall prepare and
deliver to Tribal Council an annual report and an audited financial statement, including a
statement of cash flows, balance sheet and an income statement, including comparative figures
from the preceding fiscal year. Also, a meeting will be scheduled within forty-five (45)
business days from the end of the Fiscal Year, for Tribal Council to meet with the full Gaming
Authority, the General Manager and the OCR Executive Team to review the preliminary
E.
Independent Audit. The Tribal Council shall appoint an independent auditor to conduct
the annual financial statement audit and minimum internal control testing as required by 25
C.F.R. §§ 522.4 and 571.12 and any other applicable or successor Federal regulations. A Copy
of the Audit shall be submitted to the following:
1.
The Gaming Authority
2.
Tribal Council
3.
Sr. Financial Analyst
4.
LTBB Chief Financial Officer
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F.
Delivery Method of Reports. The Reports may be transmitted electronically to the
following emails: Tribal Council TribalCouncil@ltbbodawa-nsn.gov, and Senior Financial
Analyst email.
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the Gaming Authority if the General Manager, CFO, Internal Auditor, Tribal Chairperson or
Vice-Chairperson, or a Tribal Councilor is an immediate family member. For purposes of this
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section immediate family means husband, wife, son, daughter, step-son, step-daughter, father,
step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, brother-inlaw, sister, step-sister, sister-in-law, child, step-child.
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SECTION XII.
NEPOTISM
A.
For Purposes of this Statute, two (2) or more members of the same immediate family
shall not serve on the Gaming Authority at the same time. Further, a person shall not serve on
B.
No Gaming Authority member may participate in making any decision that involves a
personal or financial interest of the Gaming Authority or a member of his or her immediate
family, unless interest is held in common with the Tribe and its Citizens.
SECTION XIII.
SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found
by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the Little
Traverse Bay Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection or
section shall be considered to stand alone and to be deleted from this statute, the entirety of the
balance of the statute to remain in full and binding force and effect.
SECTION XIV.
EFFECTIVE DATE
Effective upon signature of the Executive or thirty (30) days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
of the veto.
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SECTION XV.
OTHER RELATED STATUTES
See Waganakising Odawak Statute 2011-005 “Gaming Regulatory Statute”, Waganakising
Odawak Statute 2013-007 “Contracting Statute”, or as may be amended.
CERTIFICATION
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.