Tribal Gaming Commission

The Tribal Gaming Commission Office acts on behalf of the Tribal Gaming Commission. The Commission's primary responsibility is to regulate existing gaming on the reservation. The duties and responsibilities of the Tribal Gaming Commission Office include, but are not limited to, administering and formulating sound regulatory controls over Tribal gaming matters. The Administrator with the help of the Administrative Assistant interprets and implements the contents of the National Indian Gaming Commission's Internal Controls Standards (MICS), the Indian Gaming Regulatory Act (IGRA) passed by Congress, and the Tribal Council Ordinance 93:001 approved by the Tribal Council in 1993. The Gaming Commission ensures that its five member Tribal Gaming Commission is apprised of current activities, problems, and developments relevant to the regulation of Tribal Gaming, while also directing its technical, administrative, and programmatic activities. Providing advice and consultation on the Tribal Gaming Commission's regulations to individuals, employees, and local, state, and federal agencies is a large part of the daily activities of the office. The largest activity that occupies the Gaming Commission Office is the ascertaining of the duties and responsibilities of the Tribal Gaming Commission relevant to licensing, regulation, and the control of Tribal Gaming. Directing all regulatory investigations through coordination with appropriate law enforcement agencies is also a daily task for this growing office.

Specific Obligation of the Commission

The Tribal Gaming Commission shall have the specific obligation to ensure that any person involved with the conduct of gaming activities on the Reservation is:

• A person of good character, honesty, and integrity; and
• A person whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interest of the Reservation or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct of gaming or the operation of the business and financial arrangements incidental to the conduct of gaming.

Gaming Commission Administrative Office

The Gaming Commission Office currently employs a full-time staff currently comprised of the Tribal Gaming Commission Administrator, Compliance Officer, Internal Controls Investigator, Licensing Specialist, and Administrative Assistant.

There is a lot of confusion as to how the office relates to Tribal gaming. Basically, the Tribal Gaming Commission Office acts on behalf of the Tribal Gaming Commission. The Commission was formed by a Tribal Council Ordinance in 1993. Their primary responsibility is to regulate existing gaming on the Reservation. Contrary to popular belief, it is not their duty to seek or establish new forms or levels of gaming, such as casino or other forms of class III gaming. It is the Gaming Board which would hold the responsibility of managing or building gaming facilities. The Commission's job is to enforce Tribal and Federal laws upon those facilities. It is an enforcement and regulatory agency, not a managing agency.

Tribal Gaming Commission Office's duties and responsibilities.

The duties and responsibilities of the Tribal Gaming Commission Office include, but are not limited to, administering formulating sound regulatory controls over Tribal gaming matters. The office interprets and implements the contents of the National Indian Gaming Commission's Internal Controls Standards (MICS), The Indian Gaming Regulatory Act (IGRA) passed by Congress, and the Tribal Council Ordinance 93:001 approved by the Tribal Council in 1993.

The Gaming Commission Office ensures that its five member Tribal Gaming Commission is apprised of current activities, problems, and developments relevant to the regulation of Tribal Gaming, while also directing its technical, administrative, investigative, and programmatic activities.

Providing advice and consultation on the Tribal Gaming Commission's regulations to individuals; employees; and local, state, and federal agencies is a large part of the daily activities of the office.

Many of the activities that occupy the Gaming Commission Office relate to licensing, investigations of theft, regulation, compliance, and the control of Tribal Gaming. Directing all regulatory and pertinent criminal investigations through coordination with appropriate federal agencies is also a daily task for this growing office.

Commission Establishment

A commission to be known as the Poarch Creek Indian Gaming Commission, consisting of five members was established by Tribal Council Ordinance 93:001 on July 26, 1993.

Commissioners and Terms of Office

The Vice-Chairman of the Tribal Council serves as the Chairman of the Tribal Gaming Commission. Four Additional members of the Commission were appointed by the Tribal Council Chairman from names submitted by the Tribal Council from within the membership of the Tribe. These appointments were subject to confirmation by the Tribal Council.

The Chairman serves in such position for the length of his or her term as Vice-Chairman of the Tribal Council. The four additional members serve for a term of four years. The terms are staggered, so that no more than two commissioners are due to be reappointed in any one year.

If any vacancy should occur caused by death, resignation, or otherwise, such vacancy shall be filed by appointment by the Chairman of the Tribal Council, subject to the approval of the Tribal Council, The appointee shall hold the position for the balance of the unexpired term.

Certain Persons Ineligible To Be Commissioners

• No person having a direct of indirect financial interest in or relationship to a person or entity holding a valid management contract with the Tribe or a Tribal enterprise shall be eligible to serve as a member of the Commission.
• Commissioners must be persons of good character, honesty, and integrity, and persons whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interest of the Reservation or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the promulgation of the business and financial arrangements incidental to the conduct of gaming.
• Each commissioner shall be appointed subject to the successful completion of a background investigation. Such investigation shall be conducted following the procedures of section 20-4-1 of Ordinance 93-001 as it relates to board members of Tribal gaming enterprises.

Exclusive Power and Jurisdiction

The rights, powers, authority, jurisdiction, and duties conferred to the Commission shall be exclusive and shall be exercised so far as they may be exercised consistently with the Poarch Band of Creek Indian Constitution.

Powers and Duties of the Commission

The Commission has the authority and responsibility to:

1. Enforce and administer all provisions of Tribal Council Ordinance (TCO) 93:001.
2. Recommend to the Tribal Council the promulgation of regulations.
3. Issue and renew gaming licenses.
4. Revoke, suspend, condition, or deny an application or gaming license for any reason specified within TCO 93:001.
5. Require that a bond in an amount of up to $1,000,000 be posted by a management contractor to ensure performance of a management contract and to ensure conformance with all applicable rules and regulations.
6. Increase the respective amounts of the application and license fees provided that such fees shall not be increased retroactively.
7. Conduct or cause to be conducted any background investigation required by TCO 93:001.
8. Decide eligibility of people to serve as Primary Management Officials Key Employees, or Tribal gaming enterprise board members.
9. Determine the suitability of a management contractor based on character of persons having a direct or indirect financial interest in a management contract.
10. Require the bonding of Primary Management Officials, Key Employees, or other employees as deemed necessary.
11. Provide on-site supervision of Tribal gaining establishments, whether done directly or by hiring individuals to perform such function.
12. Investigate any reported violation of TCO 93:001, or any other relevant document, by any Tribal gaming establishment, gaming employee, or any other person.
13. Assess and collect any fees, penalties, or interest as provided for in this TCO 93:001.
14. Deposit all fees, penalties, or interest collected under the authority of TCO 93:001 into an account to the credit of the Commission.
15. Maintain a correct and full accounting of all fees, penalties, and interest received as well as all expenses incurred under the authority of TCO 93:001, and provide a monthly record of that accounting.
16. Review or cause to be reviewed all financial data, records, and accounts of a gaming establishment and inspect the premises and operations as it deems necessary for the enforcement of 93:001.
17. Audit or cause to be audited the expenditures, receipts and reports of any Tribal gaming establishment.
18. Pay or cause to be paid any fees, penalties, or interest, as required, relating to the conduct of gaining on the Reservation.
19. Require at its discretion any Management Contractor to allow a person of the Commission's choosing in any room of the establishment who shall have a full opportunity to monitor operations at all times the establishment is in operation.
20. Provide or cause to be provided such information as may be required by TCO 93:001 to the National Indian Gaming Commission.
21. Draw up forms as it deems necessary.
22. Enforce and administer all provisions of any other document entered into by the Tribe or a Tribal enterprise relating to gaming.
23. Institute legal proceedings in the name of the Poarch Band of Creek Indians in Tribal Court or any other court as it deems necessary for the enforcement of TCO 93:001.
24. Conduct hearings as provided for within TCO 93:001.
25. Take such other actions and issue such orders as the Commission may deem necessary and proper to fully perform its duties and responsibilities under TCO 93:001.

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