# LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Ade7664b1338cb5c4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 WAGANAKISING ODAWAK STATUTE 2026-18-016 2 GAMING AUTHORITY Statute 3 4 5 SECTION I. REPEALS AND REPLACES 6 7 This Statute repeals and replaces Waganakising Odawak Statute 2018-016 Gaming Authority 8 Statute and Amendments 2025-006, 2024-002, 2022-004, 2020-011,WOS 2015- 09 Gaming 9 10 Enterprise Board Statute including previous Statutes: WOS 2015-09 Gaming Enterprise Board, Waganakising Odawak Statute WOS 2014-004 Gaming Delegation and Authority Statute 2010- 11 21; 2009-012, WOS 2004-08 Gaming Board of Directors, WOS 2001-12 Gaming Administration 12 Amendment, or any other previous statute or amendment, as amendedor any Resolution, 13 Regulation, or Policy language to be considered deleted by this statute. 14 15 16 SECTION II. PURPOSE 17 18 A. 19 Gaming Operations in accordance with LTBB of Odawa Indians Constitution, Article VII D (24), 20 21 “To provide by statute for the management of any and all economic affairs and Operations of the Little Traverse Bay Bands of Odawa Indians that will further the economic development of the 22 Tribe or its members. Such statutes will delegate management responsibilities to Tribally 23 chartered corporations or other subordinate Tribal entities, or where appropriate, to the Executive 24 Branch” and who shall henceforth be known as the Little Traverse Bay Bands of Odawa Indians 25 26 “Gaming Authority.”. 27 B. 28 charged with the following power: “Raise revenue, including the power to enact laws to levy taxes 29 and govern the collection of taxes and license fees;” 30 31 C. 32 33 34 35 This Statute is created for the purpose of delegating management authority of the Tribe’s In accordance with LTBB of Odawa Indians Constitution, Article VII D Tribal Council is The Gaming Authority reports directly to Tribal Council. Since the Gaming Regulatory Commission is under the Executive Branch, it would be in inappropriate to have the Gaming Authority report to the Executive. Page 1 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Highlight LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 D. 2 responsibilities are set forth in this Statute. The Gaming Authority is a subordinate Tribal entity whose management authority and 3 4 5 E. The Gaming Authority shall ensure that the Gaming Operations comply with all applicable laws, regulations, policies and rules. 6 7 F. The Gaming Authority shall act in the best interest of the Tribe. 8 9 10 G. The Gaming Authority is to provide Equitable equitable Distribution distribution of profits to the Little Traverse Bay Bands of Odawa Indians Tribal government. 11 12 13 SECTION III. DEFINITIONS 14 15 16 A. “Annual Enterprise Business Plan” means the twelve-month marketing, financial and operations plan written for the gaming operation and related ancillary businesses, including 17 short-term and long-term strategies of the Gaming Operations by department. 18 19 B. “Annual Capital Asset Plan” means the planned capital asset purchases for the fiscal 20 21 year. 22 C. 23 intends to implement by department in order toto meet its financial and operating goals and 24 objectives. 25 26 D. 27 timeframe that includes goals, measurable objectives, strategies, tactics, person assigned to the 28 task and timelines. “Annual Strategic Plan” means the analysis and strategies the Gaming Operations “Business Plan” means a plan written for the operations of the Casino for a designated 29 30 31 E. “Director of Finance” means the person employed by the Gaming Operations, who reports directly to the Gaming Authority, to oversee all financial affairs of the Gaming 32 Operations. 33 Page 2 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 F. 2 distribution and overall health of the casino operations whichthat includes maintenance, “Equitable Distribution” means a balance between what is provided to the Tribe as a 3 employee morale, and quality customer service. 4 5 G. 6 player to participate in a game without requiring the player to place anything at risk. “Free play wager” means a non-value promotional consideration afforded a 7 8 H. 9 10 activities, and other tribally owned business entities related to gaming. “Gaming Operations” means the Odawa Casino Resort, its ancillary businesses and 11 I. “Fiscal Year” means the twelve-month period from January through December. 13 J. “Gaming” means any game classified as “"Class II”" or “"Class III”" under the Indian 14 Gaming Regulatory Act of October 17, 1988, and/ or future amendments. 15 16 K. 17 commonly-followedcommonly followed accounting rules and standards for financial reporting. 12 “GAAP” or “General Acceptable Accounting Principles” means collection of 18 19 20 21 L. '“'General Manager”" means the person or persons hired to administratively manage and oversee the day-to-day operations of the Gaming Operations. In addition to administrative Formatted: _tgc, Font: Times New Roman, 12 pt 22 management of the Gaming Operations, the General Manager shall serve as the Chief Executive Formatted: _tgc, Font: Times New Roman, 12 pt 23 Officer charged with the financial success of the Gaming Operations. The Gaming Authority will Formatted: _tgc, Font: Times New Roman, 12 pt 24 refer to this position in job postings and contracts as the General Manager/Chief Executive Formatted: Font: Times New Roman, 12 pt 25 26 Officer or GM/CEO.“General Manager” means the person or persons hired to manage and oversee the day-to-day operations of the Enterprises. Formatted: _tgc, Font: Times New Roman, 12 pt Formatted: _tgc, Font: Times New Roman, 12 pt Formatted: _tgc, Font: Times New Roman, 12 pt Formatted: _tgc, Font: Times New Roman, 12 pt 27 28 M. “Independent Auditor” is means the person or entity required under the LTBB Gaming Formatted: _tgc, Font: Times New Roman, 12 pt 29 Regulatory Statute, as amended. Formatted: Font: Bold, Not Italic 30 31 N. “LTBB” or “Tribe” means Little Traverse Bay Bands of Odawa Indians. Formatted: Font: Bold 33 O. “LTBB Tribal Citizen” means a person who is a member of the Little Traverse Bay Bands of Formatted: Font: Bold 34 35 Odawa Indians Tribe. 32 Formatted: Normal, Line spacing: single Page 3 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 P. “Odawa Online GSP” “ means the Limited Liability Corporation created under WOS 2020- 2 011 Amendment to WOS 2018-106 formed by the Gaming Authority to carry out off reservation 3 online sports betting and gaming as may be authorized by Michigan law.. 4 5 Q. “Public” means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and their 6 immediate family members. Immediate family members are husband, wife, son, daughter, step- 7 son, step-daughter, father, step-father, father-in-law, mother, step-mother, mother-in-law, 8 brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, child and step-child. 9 10 L. 11 the Office of Finance and Revenue, or its successor office or department. R. “Senior Financial Analyst” means the individual(s) employed by the Tribal Council in Formatted: Normal, No bullets or numbering 12 13 S. “Tribal Council” means the governing body of the Legislative Branch of the Little Traverse 14 Bay Bands of Odawa Indians. 15 16 T. “ Day-to-Day Operations” refer to the routine activities and processes a business or Formatted: Font: Not Bold, Italic 17 organization performs daily to maintain functionality, deliver products or services, and achieve Formatted: Font: Italic 18 its goals. Day-to-day operations encompass all the regular tasks and procedures which keep a Formatted: Font: Not Bold, Italic 19 business running smoothly. Formatted: Font: Italic 20 21 Day-to-day operations can be divided into several categories: • Marketing Operations: Activities which promote the business and attract customers. Formatted: Font: Not Bold, Italic Formatted: Font: Times New Roman, 12 pt, Bold, Not Italic Formatted: Font: Italic 22 • Sales Operations: Steps which convert interest into paying customers. Formatted: Font: Not Bold 23 • Operations (Fulfillment): Processes involved in delivering products or services. 24 • Administrative and Accounting Operations: Tasks which support the business, including Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" 25 26 bookkeeping, payroll and team management. Other examples include manufacturing, supply chain management, human resources, technology management, and customer 27 service. Formatted: Font: Times New Roman, 12 pt 28 U. “Capital Expenditures” refer to the money a company spends to acquire, maintain or Formatted: Font: Bold 29 30 improve long-term assets which support its operation and growth. Capital expenditure refers to funds used by a business to purchase or upgrade long-term physical or fixed assets such as Formatted: Font: Italic 31 buildings, machinery, vehicles, equipment or technology, which are expected to provide benefits 32 over multiple years, typically more than one fiscal year, rather than being consumed 33 immediately. Unlike operating expenses, which cover day-to-day costs like rent, utilities or 34 35 office supplies, capital expenditures are capitalized on the balance sheet and depreciated over the asset’s useful life. Page 4 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Font: Not Bold Formatted: Font: Not Bold LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 SECTION IV. 4 5 TRIBAL COUNCIL DELEGATION A. 6 the management of the Gaming Operations to the Gaming Authority, a subordinate entity of the 7 Tribe that reports to the Tribal Council. In accordance with the Tribal Constitution, Article VII D (24), Tribal Council delegates 8 9 10 B. The Gaming Authority shall be established with the current members of the Gaming AuthorityEnterprise Board, provided that the members have an interest in continuance of service 11 and that they meet qualifications as listed in this Statute. 12 13 14 SECTION V. 15 16 17 COMPOSITION, REQUIRED QUALIFICATIONS, APPOINTMENT AND TERMS A. COMPOSITION 18 19 1. The members of the Gaming Authority shall be nominated by the Executive and 20 21 appointed by the Tribal Council. 22 1.2. 23 eligibility requirements set out in subsection (B) of this section. Formatted: Indent: Left: 0.5", No bullets or The Gaming Authority shall consist of three (3) to five (5) members who meet the 24 25 26 2.3. 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 27 Gaming Authority. 28 29 3.4. If an LTBB Tribal Citizen’s term expires, they shall remain on the Gaming 30 31 Authority until a successor is appointed. In all other cases, if the term expires, then the appointment will end. 32 33 4.5. The Gaming Authority shall have three (3) officers, including a Chairperson, Vice 34 Chairperson and Secretary/Treasurer. The officers are elected and approved by the Page 5 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 Gaming Authority. Election of Officers shall be individually held for each position 2 annually based on the year of appointment. 3 4 5 6 B. REQUIRED QUALIFICATIONS To serve on the Gaming Authority, a person must meet the following: 7 8 1. Must be licensed under the Tribe’s Gaming Regulatory Ordinance. 9 10 2. Must possess one of the following educational or experience qualifications: 11 12 a. Possesses a Degree in Business Administration, Finance, Hospitality or 13 a related discipline; or 14 15 16 b. A minimum of three (334) years successful progressive work experience in a management position in the field of business administration, public 17 administration, gaming industry, hotel management, accounting, finance or law; 18 or 19 20 21 c. A minimum of six (6) years of progressive gaming work experience, preferably with specialized knowledge and expertise relevant to the gaming 22 industry. 23 24 3. Possesses visionary leadership qualitiesskills and the practical ability to guide, 25 26 shows good judgment, is strategic and approachable and team oriented; 27 4. No person can serve on the Gaming Authority who is an elected official of LTBB; 29 5. No person can serve on the Gaming Authority who is employed by any Gaming 30 31 Operations of LTBB or LTBB’s direct competitor. A direct competitor is an entity that is competing for the same market as LTBB’s Gaming Operations. 28 32 33 6. No person shall serve on the Gaming Authority who is within seven (7) years of 34 completion of a sentence or probation upon being convicted of a felony in Tribal, State, 35 or Federal Court, unless such conviction has been vacated or overturned; Page 6 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 7. No person shall serve on the Gaming Authority who is on a Security Ban from 3 the Gaming Operations or who has been banned in the last two (2) years, unless the ban 4 5 is a self-imposed ban; 6 8. 7 8 employment relationship with another Gaming Authority member, or Regulatory Commission member or a member of the Gaming Operations staff or Gaming Regulatory 9 10 11 staff, in either a direct report or supervisory position. 12 9. 13 terminated fromby the Gaming Operations. 8. No person shall serve on the Gaming Authority if there is a direct No person shall serve on the Gaming Authority who has been involuntarily C. APPOINTMENTS & TERMS 16 17 18 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 19 approved on a staggered calendar. If a vacancy occurs during a term, every effort will be 20 made to appoint another candidate to serve the remainder of the term. 21 22 2. 23 24 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 25 Gaming Authority Chair, the resignation will be submitted directly to Tribal Council and 26 copied to the remaining Gaming Authority members. Resignations shall take effect 27 immediately without acceptance. 28 29 3. 30 Gaming Authority member for cause. Such recommendation shall be made by a majority 31 Any Gaming Authority member may resign at any time. Such resignation will be vote of the Gaming Authority, using the following criteria: The Gaming Authority may recommend to Tribal Council the removal of a 32 33 34 Formatted: Indent: First line: 0", Space After: 0 pt, Line spacing: At least 18 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Don't allow hanging punctuation, Font Alignment: Baseline, Pattern: Clear (White) Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt Formatted: Font: Bold, Small caps 14 15 Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt a. Intentional act or failure to act resulting in material harm to the organization. 35 Page 7 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Indent: Left: 0.75", Space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering, Allow hanging punctuation, Font Alignment: Auto, Pattern: Clear Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt Formatted: Indent: First line: 0", Space After: 10 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 9 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Don't allow hanging punctuation, Font Alignment: Baseline, Pattern: Clear (White) Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt Formatted: Font: Times New Roman, 12 pt, Expanded by 0.05 pt LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 b. 2 harassment. Found liable of discrimination based on protected classes or of sexual 3 4 5 c. Incompetency. 6 d. Violation of the Constitutionally Mandated Rules of Conduct or other 7 Ethical violations. 8 9 10 e. Neglect of duties. 11 f. Violations of Tribal law. g. Violations of Gaming Authority Policy. 12 13 14 15 16 h. Failure to attend Gaming Authority meetings within a consecutive three (3) month period. 17 18 19 20 21 22 23 24 25 26 27 Gaming Authority members may be removed by a majority vote of Tribal Council for any of the criteria listed in section 3 above. Prior to any vote for removal, Tribal Council shall motion to send notice to the Gaming Authority member notifying them that they have has the right to be granted a hearing before the Tribal Council and the Gaming Authority member is excused from participating in Gaming Authority decisions and is excused from their Gaming Authority duties. request Requests for a hearing shall be made by the Gaming Authority member a hearingin writing before Tribal Councilwithin fifteen (15) days of the date of the notice. Tribal Council shall have thirty (30) days to hold the hearing and the decision by motion shall be made at the next Tribal Council meeting. 28 29 30 SECTION VI. COMPLIANCE RESPONSIBILITY 31 32 A. 33 for Officials of Tribal Government that are approved by Tribal Council and any other subsequent The Gaming Authority shall adhere to the Constitutionally Mandated Rules of Conduct 34 35 rules, as it may apply. 36 B. 37 (TMICS) and all other applicable Statutes and laws. The Gaming Authority shall adhere to the Tribal Minimal Internal Control Standards 38 Page 8 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 C. 2 separately from revenue; and shall never be included as revenue in any revenue report. The Gaming Authority shall ensure that all “Free play wager” must be accounted for 3 4 5 D. The Gaming Authority shall adhere to all applicable Policies and Procedures approved by the Tribal Council. 6 7 E. No member of the Gaming Authority shall be allowed to participate in any gaming 8 activity operated by LTBB while serving on on the Gaming Authority and for at least forty-five 9 10 (45) days after leaving serving the Gaming Authority. 11 F. 12 period of forty-five (45) days after serving on the Gaming Authority. No member of the Gaming Authority shall be employed by the Gaming Operations for a 13 14 G. Upon notice of an investigation of a Gaming Authority member’s license, the Gaming 15 16 Authority member shall be suspended from participating on the Gaming Authority and all pay will be suspended. 17 18 19 SECTION VII. 20 21 A. 22 with the Gaming Enterprise: 23 24 25 26 27 28 29 30 31 32 POWERS, DUTIES AND FUNCTIONS Powers. The Gaming Authority shall have the following duties and powers in connection 1. Employment. The Gaming Authority shall employ a General Manager,, Assistant General Manager, and Director of Finance through employment contracts approved by Tribal Council. The Employment Contracts shall at a minimum contain the following terms: 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, Assistant General Manager and Director of Finance shall be required to be licensed by the Gaming Regulatory Commission. The hiring process for a General Manager, Assistant General Manager and Director of Finance shall be conducted by an outside, independent human resources company. 33 34 1. Employment. The Gaming Authority shall employ a General Manager through an employment contract. The employment contract shall contain the following terms: 35 length of employment; rate of pay; bonus structure; general terms and conditions of 36 employment; and the requirement to adhere to all tribal laws. The General Manager shall 37 be required to be licensed by the Gaming Regulatory Commission. Page 9 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Line spacing: single LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 2.1. Evaluation, Suspension, or Termination of the General Manager. The 3 Gaming Authority may evaluate, suspend, with or without pay or terminate the General 4 5 Manager’s employment prior to the expiration of his or her contract. 6 3.2. 7 which that involve the General Manager. Through policy and procedures, address employee and/or customer complaints 8 9 10 4.3. Vacanciesy. The Gaming Authority shall utilize the Assistant General Manager as the Interim General Manager in the event there is a vacancy in the General Manager’s 11 position. The Gaming Authority shall utilize a member of the executive management 12 team as the Interim General Manager and the Interim Assistant General Manager if there 13 are vacancies in both the General Manager and Assistant General Manager positions. In 14 accordance with WOS 2013-006 Amendment to WOS 2002-04 Indian Preference in 15 16 Tribal Employment Sections IV and V, “All new and vacant positions shall be posted for a minimum of seven (7) calendar days and shall include the necessary qualifications of 17 the job with clear description of experience, background, abilities, skills, and education 18 that is needed in order to be successful in the position. Interim positions, also known as 19 ‘acting’ positions, are defined as a temporary position or performing services 20 21 temporarily. Interim positions may only be utilized to fill a permanent position that cannot be left vacant. Interim positions do not need to be posted and may be filled 22 immediately. The interim period shall not exceed a six (6) month period. Only one 23 24 interim position term can be used per permanent vacancy occurrence,” as amended. Compensation for any interim position shall be approved by Tribal Council. have a policy 25 in place in the event that there is a vacancy in the General Manager’s position. Such policy shall 26 utilize one or more of the executive management of the operation. Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt, Font color: Black Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt 27 28 5.4. 29 is available. To employ staff to carry out the Gaming Authority’s functions, provided funding 30 31 6.5. 32 Authority, provided funding is available. Per the Constitution, employment of legal 33 counsel shall be approved by Tribal Council. To employ or retain consultants and/or legal counsel to advise the Gaming 34 Page 10 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 6. 2 fines, resignation of a Gaming Authority member, loss of Gaming Authority member’s Report to Tribal Council, all major events such as closure of the casino, levied 3 license, hiring or termination of the General Manager, and/or any other information 4 5 having a direct impact on Gaming Operations. Formatted: Font color: Background 1 Formatted: Normal, No bullets or numbering 7. 6 7. The Gaming Authority is authorized to operate, including entering into contracts 7 to aid in the operation of, off reservation on-line sports betting and gaming as may be Formatted: Indent: First line: 0", Space After: 0 pt 8 authorized by Michigan law, and to apply for and maintain, or assist the Tribal Formatted: Font: Times New Roman, 12 pt 9 10 government to apply for and maintain, any necessary State licenses. The Gaming Authority may, in its discretion form a sub-entity such as an LLC to carry out this duty. 11 12 13 B. DUTIES AND FUNCTIONS 14 15 16 1. The duties of the Gaming Authority shall include review and approval of Gaming Operations policies, procedures, plans and budgets which shall include, but not be limited 17 to: 18 19 a. Human Resources policies. Any Human Resources policy adopted by the 20 21 Gaming Authority shall include a standard process for all employees that provides for the right to grieve a termination; 22 23 b. Annual Operations Business plan; 24 25 26 c. Annual operating budget and any modifications. Variances of four percent (4%) or more shall be reported to Tribal Council; 27 28 d. Distribution of annual services payments to the Tribal Government. 29 30 31 2. The Gaming Authority shall monitor compliance of the approved policy policies and procedures through the General Manager but shall not be involved in the day-to-day 32 operationsdecision-making process of the Gaming Operations and it operations. Any 33 Gaming Authority approved policy shall be reported to Tribal Council and upon request, 34 copies shall be made available to Tribal Council. 35 Page 11 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Font: Times New Roman, 12 pt LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 3. 2 be necessary for the operations of the Gaming Operations. The Senior Financial Analyst Review and approve the establishment and maintenance of bank accounts as may 3 shall be made aware of any changes to the bank accounts. The Senior Financial Analyst 4 5 shall have access to all bank accounts, with “read only permission” access. 6 4. 7 accountability to both the Tribal Council and the Tribal Citizens through the development 8 of appropriate financial reporting. 9 10 5. 11 liability, other than what is in the Gaming Authority’s approved budget, without prior 12 Tribal Council approval. The Gaming Authority shall be responsible for maintaining regular reporting and The Gaming Authority is not authorized to incur any financial obligation or 13 14 6. The Gaming Authority shall present an annual budget to the Tribal Council via 15 16 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 17 of the fiscal year. 18 19 7. The Gaming Authority shall adopt meeting policies and any other policies for 20 21 Gaming Authority business, provided such policies are in accordance with this Statute. 22 23 SECTION VIII. MEETINGS 24 25 26 A. The Gaming Authority shall meet in person at least once per month, and the agenda shall include a time for public comment. Such meetings will be held within the LTBB reservation and 27 open to Tribal Citizens. 28 29 B. Closed Sessions may be held only for the purposes of personnel, litigation, confidential 30 31 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 32 matters, as observers only. 33 34 35 C. Minutes shall be taken and posted to the web and approved at the next regular meeting. Page 12 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 D. 2 Public means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and their immediate Each meeting shall contain a public comment period that will be open only to the public. 3 family members. Immediate family members are husband, wife, son, daughter, step-son, step- 4 5 daughter, father, step-father, father-in-law, mother, step-mother, mother-in-law, brother, stepbrother, brother-in-law, sister, step-sister, sister-in-law, child and step-child. 6 7 E. Notice of meetings or work -sessions shall be posted forty-eight (48) hours in advance. 8 9 10 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 11 next regularly scheduled meeting. The Gaming Authority Secretary/Treasurer or designee shall 12 attempt to notify each of the Gaming Authority members of the electronic communication or 13 conference call by any practical means including telephone, fax, email, text or in person and 14 must certify that an attempt was made to contact each Gaming Authority member. 15 16 G. 17 preservation or promotion of essential interests of the Tribe and Gaming Operations. The 18 emergency action taken must be ratified at the next regularly scheduled meeting of the Gaming 19 Authority, and the minutes must state the reason that such emergency action was necessary. 20 21 H. 22 who are currently serving on the Gaming Authority. A meeting may not be called to order 23 without a quorum present and no official business shall be conducted without a quorum. Emergency meetings may only be called when immediate action is necessary for the A quorum for a Gaming Authority meeting shall consist of a majority of the members 24 25 26 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 27 defined by Tribal Statute. 28 29 30 31 SECTION IX. 32 A. 33 follows: 34 35 36 COMPENSATION The Gaming Authority shall be compensated, subject to the availability of funds, as 1. Four hundred dollars ($400.00) Odawa Casino Resort meeting stipend, and two hundred dollars ($200.00) for any Gaming Authority sub-entity (such as Odawa Online Page 13 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Font: Times New Roman, 12 pt LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 GSP, LLC) meeting stipend. To receive the meeting stipend, the Gaming Authority member must be in attendance at least for ¾ of the meeting. Formatted: Indent: Left: 0.5", No bullets or Meeting stipends shall not be paid for other activities such as attendance at events, trainings or conferences. Gaming Authority local and non-local travel policy shall be approved by Tribal Council. Four Hundred dollars ($400.00) meeting stipend, with a maximum monthly 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. 1. Meeting stipends shall not be paid for other activities such as attendance at events, trainings, or conferences. SECTION X. REQUEST FOR INFORMATION A. If the Gaming Authority as a whole or individually makes any written requests to an 19 individual Tribal Councilor, all ofall Tribal Council will be copied on the request. 20 21 B. 22 Gaming Authority member, all ofall Tribal Council will be copied on the request. If an individual Tribal Councilor makes any written requests to the Gaming Authority or 23 24 C. 25 26 shall be reported by the Tribal Councilor under the “Tribal Council Member Report” on the next Tribal Council agenda. Any communications or requests to or from the Gaming Authority to a Tribal Councilor 27 28 D. Tribal Council also designates the Senior Financial Analyst the authority to request, on 29 behalf of a Councilor or Tribal Council, any financial information. All ofAll Tribal Council will 30 31 be copied on the written requests, along with the responses. Any written requests shall be reported by the Senior Financial Analyst at the next Tribal Council meeting. 32 33 REPORTING REQUIREMENTS 35 Page 14 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 1" Formatted: Normal, Space After: 0 pt, Line spacing: single, No bullets or numbering 18 SECTION XI. Formatted: List Paragraph, Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 1" Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 1. 17 34 Formatted: Font: Times New Roman, 12 pt Secretary VanDeCar Formatted: Normal, Line spacing: single, No bullets or numbering, Tab stops: Not at 1" Formatted: Normal, Line spacing: single LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 A. 2 monthly report whichthat contains the following and shall be submitted to the Tribal Council 3 within thirty (30) days from the end of the prior month: 4 5 Monthly Reports. The Gaming Authority shall provide Tribal Council with a 1. Property Overview: report on all maintenance and capital expenditure projects 2. Marketing and promotions 9 10 3. Operational Updates 11 4. Human Resources 5. Financial Review 15 16 6. Actual revenues 17 7. Expenses and earnings before Interest Taxes, Depreciation and Amortization 18 (EBITA) for the preceding month (actuals), current month (projection) and not less 19 than two (2) months in advance (forecast) based on Annual Enterprise Business Plan 20 21 8. 22 Natives employed, and turn-over-rate, number of Tribal Citizens in management 23 positions, Native or non-Native employed in management positions 6 7 8 12 13 14 The number of employees, number of Tribal Citizens, other Natives and non- 24 25 26 9. Request offor new development and/or capital projects 27 10. All other relevant information. 28 29 B. Director of Finance Monthly Financial Report. The Director of Finance shall 30 31 provide a monthly report of all Gaming Operations financial records, in accordance with GAAP, to the General Manager, the Assistant General Manager, the Gaming Authority, Tribal 32 Council, and the Seniorr. Financial Analyst. The Monthly report shall contain confidential 33 Financials for each Gaming Operations owned by the Tribe and shall be submitted to the 34 Tribal Council within twenty (20) days from the end of the prior month. 35 Page 15 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 1. Managerial 3 2. Gaming 4 5 3. Hotel 4. Food and Beverage 9 10 5. Gift Shop and Events Center 11 6. Marketing 7. Support Services 15 16 8. Annual Service Payments 17 9. Casino Performance Ratios 19 10. Sales Comparison chart 20 21 11. EBITDA Comparison chart 12. Current Actual vs. Prior Year vs. Budget 25 26 13. Statement of cash flows 27 14. Actual vs. Budget vs. Last Year for each Department 29 15. Notification of budget modifications or amendments over a 4% change, either 30 31 increase or decrease of a department budget 32 16. Promotional play 34 17. Profit Statements, Loss Statements and Equity Statements submitted under 35 36 separate covers. 2 6 7 8 12 13 14 18 22 23 24 28 33 Page 16 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 18. Other relevant information. 2 3 C. 4 5 Council and the Senior Financial Analyst with the projected and forecasted revenues. Additionally, on a quarterly basis or upon request of Tribal Council, the Gaming Authority will Quarterly Report. On a quarterly basis, the Gaming Authority shall provide Tribal 6 meet with the Tribal Council and provide an update on operations of the Gaming Operations and 7 shall provide input for the determination of what amount shall be considered an Equitable 8 Distribution. Based on these discussions, Tribal Council shall determine the amount of 9 10 Equitable Distribution that the Gaming Authority shall provide as profits to the LTBB Tribal government. 11 12 D. Annual Report. By March 31st of each year, the Gaming Authority shall prepare and 13 deliver to Tribal Council an annual report and an audited financial statement, including a 14 statement of cash flows, balance sheet and an income statement, including comparative figures 15 16 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 17 Authority, the General Manager, the Assistant General Manager and the OCR Executive Team 18 to review the preliminary finances of the past year and discuss plans for the upcoming year. 19 20 21 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 22 C.F.R. §§ 522.4 and 571.12 and any other applicable or successor Federal regulations. A Copy 23 of the Audit shall be submitted to the following: 24 25 26 1. The Gaming Authority 27 2. Tribal Council 29 3. Seniorr. Financial Analyst 30 31 4. LTBB Chief Financial Officer 28 32 33 F. Delivery Method of Reports. The rReports may be transmitted electronically to the 34 following emails: Tribal Council TribalCouncil@ltbbodawa-nsn.gov, 35 Tribalcounciladmin@ltbbopdawa-nsn.gov and the Senior Financial Analyst email as established. Page 17 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Field Code Changed LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 SECTION XII. 4 5 NEPOTISM A. 6 shall not serve on the Gaming Authority at the same time. Further, a person shall not serve on 7 the Gaming Authority if the General Manager, Assistant General Manager, CFO, Internal 8 Auditor, Tribal Chairperson or Vice -Chairperson, or if a Tribal Councilor is an immediate 9 10 family member. For purposes of this section, immediate family means husband, wife, son, daughter, step-son, step-daughter, father, step-father, father-in-law, mother, step-mother, mother- 11 in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, child and step-child. For Purposes of this Statute, two (2) or more members of the same immediate family 12 13 B. 14 personal or financial interest of the Gaming Authority or a member of his or her immediate No Gaming Authority member may participate in making any decision that involves a 15 16 family, unless interest is held in common with the Tribe and its Citizens. 17 18 SECTION XIII. SAVINGS CLAUSESEVERABILITY 19 20 21 In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found for any reason, held invalid or unconstitutional by the Tribal courts of the Little Traverse Bay 22 Bands of Odawa Indians to violate the Constitution, laws or ordinances of the Little Traverse Bay 23 Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection or section shall be 24 considered to stand alone and to be deleted from this statute, the entirety of the balance of the 25 26 statute to remain in full and binding force and effect.In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found by a court of competent jurisdiction to 27 violate the Constitution, laws or ordinances of the Little Traverse Bay Bands of Odawa Indians, 28 such phrase, provision, part, paragraph, subsection or section shall be considered to stand alone 29 and to be deleted from this statute, the entirety of the balance of the statute to remain in full and 30 31 binding force and effect. 32 33 SECTION XIV. EFFECTIVE DATE 34 35 Effective upon signature of the Executive or thirty (30) days from Tribal Council approval Page 18 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar Formatted: Font: (Default) Times New Roman LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 4 5 whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override 6 of the veto. 7 8 9 10 11 12 13 14 15 CERTIFICATION As the Tribal Council Legislative Leader and Tribal Council Secretary, we certify that this Statute was duly adopted by the Tribal Council of the Little Traverse Bay Bands of Odawa Indians at a regular meeting of the Tribal Council held on ______________ at which a quorum was present, by a vote of __ in favor, __ opposed, __ abstentions, and __ absent as recorded by this roll call: In Favor Opposed Abstained Absent Fred Harrington. Jr. Fred Kiogima Tammy Okuly-Shananaquet Emily Proctor Jordan Shananaquet Kelly Wesaw Melissa Pamp Annette VanDeCar Linda Gokee 16 Date: Linda Gokee, Legislative Leader Date: Annette VanDeCar, Secretary 17 Received by the Executive Office on 18 19 20 21 22 23 by Pursuant to Article VII, Section D, Subsection 1 of the Little Traverse Bay Bands of Odawa Indians Constitution adopted on February 1, 2005, the Executive concurs in this action of the Tribal Council. Date: Winnay Wemigwase, Tribal Chairperson 24 Page 19 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 Received by the Legislative Office _______________________________________________ 4 5 SECTION XV. OTHER RELATED STATUTES 6 7 8 9 See Waganakising Odawak Statute 2011-005 “Gaming Regulatory Statute”, Waganakising Odawak Statute 2013-007 “Contracting Statute”, or as may be amended. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Page 20 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 CERTIFICATION As the Tribal Council Legislative Leader and Tribal Council Secretary, we certify that this Statute was duly adopted by the Tribal Council of the Little Traverse Bay Bands of Odawa Indians at a regular meeting of the Tribal Council held on July 12, 2018 at which a quorum was present, by a vote of 3 6 in favor, 0 opposed, 0 abstentions, and absent as recorded by this roll call: 2 In Favor Frank Bernard David Harrington Dexter McNamara Emily Proctor Julie Shananaquet Shanna Wemigwase Marcella R. Reyes Tamara Kiogima Fred Harrington, Jr. Date: Opposed Abstained Absent X X X X X X X X X 07-12-18 Legislative Leader, Fred Harrington, Jr. Date: 07-12-18 Tribal Council Secretary, Tamara Kiogima Received by the Executive Office on 07/13/18 3 4 5 6 7 By Julie Janiskee Pursuant to Article VII, Section D, Subsection 1 of the Little Traverse Bay Bands of Odawa Indians Constitution adopted on February 1, 2005 the Executive concurs in this action of the Tribal Council. Date: 08/10/18 VETO Regina Gasco Bentley, Tribal Chairperson 8 9 10 11 12 Page 21 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar LEG-383 sponsored by Secretary Annette VanDeCar, reported 07/24/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 As the Tribal Council Legislative Leader and Tribal Council Secretary, we certify that this Statute was duly enacted by Tribal Council Override of Executive Veto by a Phone Poll of the Tribal Council of the Little Traverse Bay Bands of Odawa Indians held on September 12, 2018 by a vote of 7 in favor, 1 opposed (Councilor Proctor) 1 abstentions, and 0 absent. Date: 09/13/18 _______________________________ Legislative Leader Fred Harrington, Jr. Date: 09/13/18 _______________________________ Secretary Tamara Kiogima Pursuant to Article VII, Section D, Subsection 1 of the Little Traverse Bay Bands of Odawa Indians Constitution adopted on February 1, 20105. The Tribal Council hereby overrides the Executive veto. 21 22 Page 22 of 22 Waganakising Odawak Statute Gaming Authority Kiogima___ Secretary VanDeCar --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Ade7664b1338cb5c4. Public record. Not legal advice.