4.05.040 Gaming commission.
(1) Establishment of a Gaming Commission. There is to be established by the tribe hereby a gaming commission that will be known as the Robinson Rancheria gaming commission. The gaming commission shall be composed of seven sitting members and two alternates of and from the tribe, all of whom shall be elected by members of the tribe.
(2) Disqualifications for Office. The following persons may not serve as members of the gaming commission:
(a) Employees or managers of any gaming enterprise on the reservation;
(b) Persons related to any gaming contractor (including any principal thereof or closely associated independent contractor);
(c) Persons who would not be eligible to be officers of the tribe pursuant to the tribe’s Constitution and its Bylaws.
(3) Terms of Office. The elected members of the gaming commission shall serve for a term of two years, except that immediately after enactment of the ordinance codified in this chapter, three of those elected gaming commissioners’ term of office shall be no longer than a period of two years while four of the elected gaming commissioners’ term of office shall be for a period of three years. Gaming commissioners may be reelected to serve for more than one term of office. Elected alternates shall not serve for a period of longer than two years.
(4) Causes for Removal from Office. Gaming commissioners may only be removed from office before the expiration of their terms by the general tribal council. Causes for removal from office are neglect of duty, malfeasance in office or absenteeism at three consecutive gaming commission meetings or other good cause as determined by a 25 percent vote of the general tribal council.
(5) Quorum Needed for Meetings. A total of five members of the gaming commission shall constitute a quorum.
(6) Gaming Commission Alternates. The two elected alternates shall serve at the gaming commission meetings only in the event that all seven gaming commissioners cannot be present. One elected alternate shall be elected Number One alternate, to be called first to serve for a missing gaming commissioner. If two or more gaming commissioners are not available for a scheduled meeting then both alternates will be called to attend.
(7) Officers and Duties. The gaming commission shall elect, by a majority vote, a chairperson, a vice-chairperson, and a secretary. The chairperson shall preside over all meetings of the gaming commission with the vice-chairperson presiding whenever the chairperson cannot be present. The secretary shall record in writing all minutes of all gaming commission meeting and all of the official actions taken by the gaming commission. The secretary shall have copies available to any requesting tribal member within six days after any such meeting.
(8) Voting. All actions of the gaming commission shall be taken upon a majority vote. The commission chairperson may vote on any issue.
(9) Meetings. Meetings shall be held at least once a month, on the first Saturday of the month at 7:00 p.m. at the tribe’s primary meeting facility. Additional meetings shall be held as called by the gaming commission chairperson or by at least four other gaming commissioners. Notices of meetings shall be given in writing to each gaming commissioner, served by first class mail or by personal hand delivery at least five business days prior to such called meeting. Additional meetings may be called at any time, by any means, with the unanimous consent of all of the gaming commissioners. All gaming commission meetings will be conducted under the “Robert’s Rules of Order” method.
(10) Compensation for Serving – Reimbursement of Expenses. Commissioners shall be compensated for serving on the tribal gaming commission at rates to be set by the tribal business council. Subject to approval by and in accordance with procedures to be adopted by the tribal business council, gaming commissioners shall be reimbursed for expenses incurred in connection with and in performance of their gaming commission duties.
(11) Powers and Duties of Gaming Commission Members. Shall have the power and duties to:
(a) Inspect, examine, and monitor gaming activities, including, upon two days notice to the gaming facility, the power to demand access to and inspect, examine, photocopy and audit all papers, books and records in respect to such gaming activities;
(b) Investigate any suspicion of wrongdoing in connection with any gaming activity;
(c) Conduct or cause to be conducted such investigations as may be necessary to determine in connection with any gaming activity, compliance with law or this chapter or any contracts, agreements, goods, services, events, incidents, or other matters related to gaming activities;
(d) Conduct background investigations regarding any person that is connected in any way with any gaming activities;
(e) Hold such hearings, sit and act at such times and places, summon persons on the reservation to attend and testify at such hearings, to take and record such testimony, and receive such evidence as the gaming commission deems relevant in fulfilling its duties;
(f) Administer oaths or affirmations to witnesses appearing before the gaming commission;
(g) Implement and administer a system for investigating, licensing and monitoring employees and others connected with gaming activities, as described below, including the issuance of licenses to gaming facilities, individuals and entities as required under this chapter and IGRA;
(h) Issue such regulations as it deems appropriate in order to implement the provisions of this chapter;
(i) Carry out such duties with respect to gaming activities as the tribal business council shall direct; and
(j) Hire such staff and support services as deemed necessary subject to a budget approved by the tribal business council;
(k) Require that all gaming commissioners and all persons involved directly with gaming activities be the holder of a picture identification card.
(12) Annual Reports. On or before April 30th of each year, the gaming commission shall provide to the tribal council an annual report summarizing its activities during the prior 12-month period ending on December 31st, and accounting for all receipts and disbursements. The gaming commission shall provide a report summarizing its activities for that past year to the general tribal council at its regularly held March quarterly meeting. [Ord. Gaming Ordinance § 4, 1993.]