Section GMG.01.08 — Tribal Council, Powers And Duties

(a) This Ordinance is authorized and adopted by the Stockbridge-Munsee Tribal Council pursuant to its powers under the tribal constitution.

(b) The Stockbridge-Munsee Tribal Council may further delegate responsibilities under the constitution to subordinate organizations in order to carry out the purposes and terms of this Ordinance and to assure compliance with the IGRA, the Tribal/State Compact and all other regulations, policies and procedures promulgated therefrom.

(c) The Stockbridge-Munsee Tribal Council shall retain the exclusive power to enter into agreements or compacts with the federal government, states, tribes, counties, municipalities and other local governments or entities.

(d) The Stockbridge-Munsee Tribal Council shall retain the exclusive power to waive sovereign immunity and nothing in this Ordinance is intended to be a waiver of sovereign immunity by the Tribal Council to permit itself or its agents acting on its behalf to be sued in any court.

(e) The Stockbridge-Munsee Tribal Council shall retain the exclusive power to enter into contracts and agreements effecting any sale, lease, encumbrance or other disposition of tribal lands, interest in lands or other assets of the Tribe.

(f) The Stockbridge-Munsee Tribal Council shall retain the exclusive power to enter into business contracts and agreements pertaining to the operation of gaming, except in those cases where that power has been expressly delegated to another entity, and in such cases of delegation, by the Tribal Council shall have review of said contracts prior to signing.

(g) The Tribal Council shall establish the use of gaming revenues transferred from the gaming enterprises in accordance with this Ordinance and applicable laws for use of such gaming revenues according to tribal needs and requirements for continued growth.

(h) The Tribal President shall be the spokesperson for the Tribe for all gaming matters and shall respond to the media on gaming issues, but may delegate this role as necessary and reasonable.

(i) The Tribal Council has authority to employ and dismiss Gaming Commissioners, pursuant to the standards for employment and dismissal set forth in Section GMG.01.09(k).

(j) The Tribal Council shall retain authority to hire the Casino General Manager, and to approve any management contractors. The Tribal Council shall also retain authority to terminate or discipline this position, such termination not to be arbitrary but done pursuant to criteria set forth in this Ordinance or in separate policies and procedures, or pursuant to an approved management contract.

(k) The Tribal Council shall review all monthly financial reports forwarded from the Gaming Management or other designated entity, and have final approval of the annual gaming operating budget, as well as revisions that may be recommended by Gaming Management or another designated entity.

(l) The Tribal Council shall have final approval over any proposed structural changes to facilities in which the gaming enterprise is operated.

(m) The Tribal Council, consistent with an approved gaming waiver policy, shall have the final authority in granting or denying a waiver request from a key employee or applicant with a bar to licensing.

(n) The Tribal Council shall create a Compliance Department to perform background investigations and other gaming related duties as requested by the Tribal Council or Gaming Commission. All Compliance employees shall be subject to the same background investigation standards as the Gaming Commissioners. Compliance Employees shall be deemed to be agents of the Gaming Commission while carrying out their duties related to gaming license background investigations. and any other duties requested by the Tribal Council or Gaming Commission. The Compliance Department may also be used in other tribal regulatory or investigative processes as directed by the Tribal Council, so long as such activities are not in conflict with their gaming related duties.

(o) All policies and regulations developed pursuant to this Ordinance shall be subject to final approval by Tribal Council resolution before becoming law. The Tribal Council, acting on behalf of the Tribe by virtue of its elected positions, is deemed to be the "Gaming Operator" for purposes of this Ordinance. As Gaming Operator, the Tribal Council is responsible for complying with all Gaming Operator licensing requirements required by federal law, and those requirements and regulations officially adopted by the Commission. Failure to comply with said requirements and any duly adopted regulations may result in fines against the Tribal Council, suspension and or revocation of their Gaming Operator's License. Revocation of a Gaming Operator License will subject the Tribe to the jurisdiction of the NIGC which has the authority to close a game or operation for failure to comply with gaming laws and the Tribal Council will strive to avoid subjecting the Tribe to enforcement actions from the NIGC.