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AGENDA
Board of Directors Meeting Anaheim Hilton, Pacific Ballroom AB Sunday, April 7 th , 2024 5:00 p.m. PST
1. Call to Order
Chairman Ernie Stevens Jr.
2. Invocation
(Tribal Leader or Board Member)
3. Roll Call
(Deputy Exec Dir. And Secretary Will Announce When Quorum Achieved)
4. Approval of Minutes:
Minutes From Board Meeting 2023
5. Chairman’s Report
a) Tradeshow Update b) Highlights From Chairman’s Membership Mtg Speech 1. Sovereignty Challenges i. Supreme Court
ii. Commercial Gaming Challenge To Interior Regs
c) Highlights for 2023
1. IGA Mid-Year, Tulalip WA Sept. 12-14 (Tues-Thursday) 2. Summer Conventions
i. Republican—July 15 th in Milwaukee ii. Democratic—August 15 th in Chicago
6. Executive Director’s Report a. Legislative Update
i. Congressional Update ii. Tribal Casino Issues for 2024 b. Membership Update (Kevin Leecy)
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7. Treasurer’s Report
FY2022 Audit Report and Current Financial Update WipFli Audit Presentation—Grant Eve
8. Old Business 9. New Business
a. Consideration of Resolutions i. 01-ANA-BOD-04-07-24 Calling Upon Congress To Promote Tax Equity And Fairness For Indian Tribes And Parity With State And Local Governments ii. 02-ANA-BOD-04-07-24 Calling Upon the President of the United States to Issue an Executive Order to Uphold and Enforce Treaty Rights as the Supreme Law of the Land iii. 03-ANA-BOD-04-07-24 Calling Upon the NIGC to Limit their Audits to Only IGRA Statutorily Authorized Audits of Net-Gaming Revenues and Not Specific Tribal General Welfare Programs iv. 04-ANA-BOD-04-07-24 Calling on Congress and the President to Undertake An Emergency Indian Country Crime Fighting Initiative v. 05-ANA-BOD-04-07-24 Calling on Congress and President Biden to Enact Legislation Recognizing our Native Sovereign Nation Recovery of Indian Lands in our own Name in Restricted Fee Status, Subject to Restriction on Alienation, with Affirmation of Tribal Civil and Criminal Jurisdiction, Preemption of State and Local Taxation and Regulation, And the Coverage of Federal Laws and Treaties Protecting Native Nations and Indian Country vi. 06-ANA-BOD-04-07-24 Resolution Supporting The Enactment Of H.R. 3371 And S. 2088, The Wounded Knee Massacre Memorial And Sacred Site Act
10. Announcements 11. Date of Next Board Meeting a. Tradeshow
March 26, 2023, 8:30 a.m. San Diego Convention Center Rm.TBA
b. Dates Next Tradeshow: Anaheim, CA. April
12. Adjourn
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BOARD
BOARD OF DIRECTORS 2023
Chairman Ernest L. Stevens Jr. Oneida Nation 224 Second Street Southeast Washington, DC 20003 (920) 857-3727 Fax: (920) 857-3716
Vice-Chairman David Z. Bean
Puyallup Tribe of Indians 3009 East Portland Avenue Tacoma, WA 98404 (253) 370-0166 davidzbean@gmail.com
Treasurer Andy Ebona
Douglas Village P.O. Box 240826 Douglas, AK 99824 (907) 209-2260 aebona@gmail.com
Secretary Paulette Jordan Coeur D’Alene (208) 818-7948 jordancoalition@protonmail.com pjordandistrict5@gmail.com
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BOARD OF DIRECTORS 2023
Alaska Delegate vacant
Eastern Delegate Michael Conners St. Regis Mohawk Margaret Terrance Memorial Way Akwesasne, NY 13655 (518)651-4142 Michael.Conners@srmt-nsn.gov Alternates: Robert McGhee
Poarch Band of Creek Indians 5811 Jack Springs Road Atmore, AL 36502 (251) 368-9136 rmcghee@pci-nsn.gov Michele Scott Mashantucket Pequot Tribal Nation P.O. Box 3404 Mashantucket, CT 06338 (860)867-6343 mscott@mptn-nsn.gov
Eastern Oklahoma Delegate Matthew Morgan Chickasaw Nation 2020 Lonnie Abbott Blvd. Ada, OK 74820 (580) 272-7070 matthew.morgan@chickasaw.net Alternates: Jerry Lankford Miami Tribe P.O. Box 1326 Miami, OK 74354 (918)541-1300
jlankford@miamination.com
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BOARD OF DIRECTORS 2023
Billy Friend Wyandotte Nation 8 Turtle Drive Wyandotte, OK 74370 (918) 397-9059 (918) 678-2297 (office) bfriend@wyandotte-nation.org Craig Harper Peoria Tribe 1000 Buffalo Run Blvd. Miami, OK 74354 (918)542-7160 chiefharper@peoriatribe.com Justin Barrett Eastern Shawnee [Address] (918) 533-6299 jbarrett@estoo.net
Great Plains Delegate Collette Brown Spirit Lake Nation
7889 Highway 57 South Saint Michael, ND 58370 (701)230-5723 cbrown@spiritlakenation.com Alternate:
Tyler Yellow Boy Oglala Sioux Tribe 413 Moon Runners Road Oglala, SD 53764 (605)407-1804 Tyler.Yellowboy@oglala.org
Bernardo Rogriguez Oglala Sioux Tribe 154 Fasthorse Creek Loop #92 Wounded Knee, SD 57794 (605)347-1572 Bernardorodriguezjr189@gmail.com
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BOARD OF DIRECTORS 2023
Midwest Delegate Brandon Yellowbird-Stevens Oneida Nation P.O. Box 365 Oneida, WI 54155 (920) 619-3177 bstevens@oneidanation.org Alternates:
Dr. Alex Wesaw Pokagon Band of Potawatomi
459 E. Stanton Ave. Columbus, OH 43214 Alex.Wesaw@pokagonband-nsn.gov cagraveratte@sagchip.org
Melanie Benjamin Mille Lacs Band of Ojibwe
43408 Oodena Drive Onamia, MN 56359 (320) 390-2521 Melanie.benjamin@millelacsband.com
Navajo Delegate Dr. Buu Nygren, President The Navajo Nation Post Office Box 7440 Window Rock, Arizona 86515 (928) 871-7000 President.BuuNygren@navajo-nsn.gov
Alternate:
Seth Damon P.O. Box 3390 Window Rock, AZ 86515 (928)871-7160 sdamon@navajo-nsn.gov
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BOARD OF DIRECTORS 2023
Northwest Delegate Denise Harvey The Confederated Tribes of Grand Ronde
9615 Grand Ronde Road Grand Ronde, OR 97347 (503)879-2353 Denise.Harvey@grandronde.org
Pacific Delegate Mark Macarro, Chairman Pechanga Band of Luiseño Indians P.O. Box 1477 Temecula, CA 92592 (951) 533-7000 mark@pechanga-nsn.gov Alternates: Rosemary Morillo
Soboba Band P.O. Box 127 San Jacinto, CA 92581 (951) 634-8201 morillorosemary7@gmail.com Richard Jones Table Mountain Rancheria 6132 N. McCall Avenue Clovis, CA 93619 (559)704-7337 R8rsfandrj@comcast.net Gary Santos Tule River Tribe 289 South Reservation Road Porterville, CA 93257 (559) 361-6814 garygsantos1978@gmail.com
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BOARD OF DIRECTORS 2023
Rocky Mountain Delegate Lee Spoonhunter Northern Arapaho Tribe P.O. Box 396 Fort Washakie, WY 82514 (307) 349-4324 Lee.Spoonhunter@northernarapaho.com
Alternates:
Jenni Wildcat Northern Arapaho Tribe P.O. Box 1760 Riverton, WY 80501 (307) 438-6033 jwildcat@windriverhotelcasino.com Francine Dupuis Confederated Salish and Kootenai Tribes P.O. Box 812 Pablo, MT 59855 (406)833-2221
fDupuis.90@gmail.com Fdupuis.90@gmail.com
Southern Plains Delegate Michael McLane Delaware Nation 32081 County Street 2720 Anadarko, OK 73005 (405)684-8300 Michael.J.Mclane@gmail.com
Alternate:
Mark Woommavovah Comanche Nation
1117 Mount Pinchot Lawton, OK 73507 (580) 919-0449 mark.woomamovovah@comanchenation.com
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BOARD OF DIRECTORS 2023
Southwest Delegate Stuart Paisano Pueblo of Sandia 481 Sandia Loop Bernalillo, NM 87004 (505) 238-5519 spaisano@gmail.com Alternate:
Melanie Martinez Pueblo of Santa Ana 54 Jemez Dam Road Santa Ana Pueblo, NM 87004 (505)362-5676 Melaniem@santaanastar.com
Western Delegate Kasey Velasquez White Mountain Apache Tribe P.O. Box 1150 Whiteriver, AZ 85941 (928)338-4346 Kasey.Velasquez@wmat.org.us Alternate: Paul Russell
Fort McDowell Yavaipai Nation (480)789- 7201 P.O. Box 17779 Fountain Hills, AZ 85269 prussell@fmyn.org
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BOARD OF DIRECTORS 2023
At-Large Greg Abrahamson Spokane Tribe PO Box 100 6195 Fond Wellpinit Road Wellpinit, WA 99040 (509) 458-6507 Fax: (509) 458-6553 gregabe@aol.com Rodney Butler Mashantucket Pequot Tribal Nation P.O. Box 3060 Mashantucket, CT 06338 (860)396-6133 rodneybutler@mptn-nsn.gov Stephen Lewis, Governor Gila River Indian Community
P.O. Box 97 Sacaton, AZ (520) 562-9845 executivemail@gric.nsn.us (Cc: ddesiderio@akingump.com) executivemail@gric.nsn.us Kevin Killer
Oglala Sioux Tribe KevinK@oglala.org Associate Member Delegates (Non-Voting) Russell Witt Director of Central Determinate Gaming Incredible Technologies rwitt@itsgames.com Chris Georgacas Chairman Goff Public chris@goffpublic.com
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BYLAWS
BYLAWS OF THE INDIAN GAMING ASSOCIATION A District of Columbia Nonprofit Corporation As Amended {April 14, 2022}
1.
Name. The name of this corporation is the Indian Gaming Association (“IGA”).
2. Offices of the Corporation. The principal office for the transaction of the activities and affairs of the Indian Gaming Association (“principal office”) is located at 224 Second Street S.E., Washington, D.C. 20003. The Tribal Government Membership (“Tribal Membership”) may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on the bylaws opposite this Section, or this Section may be amended to state the new location. 3. Purposes. 3.1 IGA is a nonprofit mutual benefit corporation organized under the District of Columbia Nonprofit Corporation Act (the “Nonprofit Act”). The purpose of IGA is to engage in any lawful act or activity for which a corporation may be organized under the Nonprofit Act. 3.2 The specific purposes for which IGA is formed are those authorized under section 501(c)(6) of the Internal Revenue Code of 1986, including the following: A. To promote, protect and preserve the general welfare and interests of Indian tribes through the development of sound policies and practices with respect to the conduct of gaming activities in Indian country; B. To assist Indian tribes and the federal government by providing technical assistance relating to the Indian gaming industry wherever such assistance may benefit the common interests of IGA members and the Indian gaming community generally; C. To disseminate information to the Indian gaming community, the federal government and the general public on issues related to the conduct of gaming in Indian country; D. To preserve and protect the integrity of gaming conducted in Indian country; and E. To maintain, protect and advocate Indian tribal sovereignty. 3.3 The purposes of IGA will be implemented and promoted through conferences, projects and programs for the Indian gaming industry, consultation with and dissemination of information to tribal governments, Indian gaming enterprises, businesses involved in the Indian gaming community, and governments having an interest in Indian gaming, and appearances before public bodies. 4. Policies. The following are policies of IGA: A. IGA shall be nonprofit, nonsectarian, and nonpartisan. B. The name of IGA or of any member or member’s representative in their capacity as such, or of any official or representative of IGA, shall not be used in connection with any
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commercial concern or for any purpose not appropriately related to the authorized promotion of IGA purposes. All use of such names, except for identification purposes, must be approved by IGA prior thereto. C. All members will be encouraged to abide by any Code of Ethics adopted by the IGA Tribal Membership. Classes, Qualifications and Rights of Membership. 5.1 The Association shall have two classes of members, designated as follows: Member Tribes and Associated Members. Only Member Tribes shall be entitled to vote. 5.2 A voting membership in IGA as a Member Tribe shall be open to any federally recognized tribe, community, rancheria, colony, pueblo, band, nation, or other federally recognized tribal group or community of Indians (“Tribe” herein). A Tribe desiring to become a member shall present to the Secretary of IGA, in writing, a resolution or other authority of the Tribe’s governing body committing itself to the purposes and policies of the IGA Articles of Incorporation and Bylaws and designating a representative of the Tribe to attend meetings of the Tribal Membership. A Member Tribe may designate alternates to represent it, but each Member Tribe shall have only one vote. Members Tribes shall have the right to vote on the election of officers, the disposition of all or substantially all of the Association’s assets, any merger and its principal terms and any amendment of those terms, election to dissolve the Association, any other business duly brought before the Tribal Membership. Member Tribes shall have all rights afforded members under the Nonprofit Act. Upon payment of the dues and approval of the application by the Board of Directors, such applicant shall become a Member Tribe. 5.3 In order to further the purposes and policies of IGA and in recognition of the valuable technical expertise and knowledge which is available in the gaming industry generally, IGA shall have a class of membership known as “Associate Members.” IGA Associate Members may attend meetings of the Tribal Membership on invitation of the Tribal Membership only, but may not vote. The Association may refer to such persons or entities as “members” even though those persons or entities are not voting members of IGA. 5.4 Any person or business desiring an Associate Membership shall complete an application in the form prescribed by the Board of Directors and shall be recommended and sponsored by no less than one (1) Member Tribe involved in gaming. All persons or entities involved in the Indian gaming industry shall be eligible to apply for membership as Associate Members provided they fulfill the requirements set forth above and meet the following criteria: A. Support gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; B. Is not a person or entity whose prior activities, criminal record, if any, or reputation, habits or associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods in activities in the conduct of gaming or the carrying on of the business or financial arrangements incidental thereto: C. Commit themselves or itself to the IGA Articles of Incorporation and Bylaws; and D. Pay the required initiation fee. 5.5 All applications for Associate Membership shall be submitted to the Board of Directors on the membership application form prescribed by the Board of Directors. The names and addresses of
5.
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such applicants shall be circulated among all Members Tribes by the Secretary within ten (10) days after receipt thereof, with an invitation that Members Tribes provide the Board of Directors, through the IGA Secretary, with comments on the application. In connection with any application, the Board of Directors may conduct an examination and investigation of the applicant and request any additional information which it deems necessary. The application shall be acted upon by the Board of Directors within sixty (60) days after notice to the Member Tribes has been completed, as follows: the Board of Directors shall either approve or reject the application, In the event the application is approved, the applicant shall become a member thirty (30) days after such approval unless there is written opposition filed with the Secretary by a Member Tribe within such time period, in which event the Board of Directors shall review its approval in light of such objection. The Board of Directors shall determine the basis of the objection and may seek further information with respect thereto. If the Board of Directors again approves the application, it shall notify all objecting Members Tribes which shall have ten (10) days to request a meeting of the Tribal Membership. Such meetings shall be noticed and held in accordance with Section 8 herein. The Tribal Membership may approve or reject the application, and its decision shall be final. Any rejected applicant may reapply after six (6) months has elapsed from the submission date of any prior application. In the event an applicant is rejected by the Board of Directors, or no action has been taken on the application within said sixty (60) day period, the applicant will be granted an opportunity to be heard by the Tribal Membership on request of the applicant’s sponsoring Tribal Member(s). The disposition of any application for an Associate Membership shall be subject to the sole discretion of IGA and is not subject to review by any court or other tribunal. 5.6 An initial certificate of membership will be provided to each Member Tribe and Associate Member upon approval of the membership application as set forth above and payment of the annual membership dues. Dues, Fees and Assessments 6.1 Each member must pay, within the time and on the conditions set by the Board of Directors, the amounts to be fixed from time to time by the Board of Directors. 6.3
6.
The annual dues for Associate Members shall be set for the subsequent year by the Board of Directors during the Mid-Year meeting or shall remain the same for the following year if not adjusted at the Mid-Year meeting. 6.4 Those members who have paid the required amounts in accordance with these bylaws and who are not suspended shall be deemed to be in good standing. 7. Termination and Suspension of Membership 7.1 A membership shall terminate upon occurrence of any of the following events: A. Resignation of the member; B. Expiration of the period of membership, unless the membership is renewed; C. Failure of the member to pay such amounts as set by the Tribal Membership, within sixty (60) days after they become due and payable; D. Occurrence of any event which renders the member ineligible for membership, including the failure to satisfy membership qualifications; or E. Expulsion of the member under these bylaws based on a good faith determination by the Tribal Membership that the member has failed in a material and serious degree to observe
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the IGA articles of incorporation or bylaws, or has engaged in conduct materially and seriously prejudicial to the purposes or policies of IGA.
7.2 Members shall be given thirty (30) days prior notice of any proposed expulsion or suspension. Notice shall be given by any method reasonably calculated to provide actual notice, but shall include, at a minimum, notice as required for an annual meeting. Such member shall be given an opportunity to be heard, either orally or in writing, at least five (5) days before the due date of the proposed expulsion or suspension. The Tribal Membership shall decide whether or not the member shall be suspended, expelled or sanctioned in some other way. The decision of the Tribal Membership shall be final. Any action challenging an expulsion, suspension or termination of membership, including a claim alleging defective notice, must be commenced within six (6) months after the date of the expulsion, suspension or termination. 8. Meetings of the Tribal Membership 8.1 IGA shall have at least one meeting approximately every six months and such other meetings as the Tribal Membership or Board of Directors as provided herein shall deem necessary. One Tribal Membership meeting per year shall be held during the Tradeshow and Conference and shall be deemed to be the IGA annual meeting at which the election of officers shall take place. The Tribal Membership shall be given written notice of not less than thirty (30) days prior to such annual meeting of the date and place of such meeting. 8.2 Meetings of the Tribal Membership other than the annual meeting may be called by the Chairman, the Board of Directors, or one third of the Member Tribes. 8.3 Thirty percent (30%) of the Tribal Membership, present in person, shall constitute a quorum for the transaction of business. All business items requiring a vote by Tribal Membership shall be noticed not less than thirty (30) calendar days prior to the first day of the IGA Tradeshow and Conference Tribal Membership meeting. All noticed business items shall be placed on the first day agenda and voted on after the establishment of a quorum. Once established, a quorum remains in effect until the meeting is adjourned or until a quorum is lost pursuant to a quorum call. 8.4 Roberts Rules of Order shall govern procedures at all meetings of the Association where they are not in conflict with these bylaws. 8.5 Meetings shall be held at such times and places as the Tribal Membership, if it calls the meeting, or the Board of Directors, if called by it, or the Chairman, deems appropriate. 8.6 Except as otherwise set forth herein, notice of any meeting shall be in writing and shall be given at least fifteen (15) business days but no more than ninety (90) days, before the meeting date. As used in these bylaws, a “business day” shall mean any day between Monday and Friday, inclusively, but excluding federal holidays. The notice shall be given either personally or electronic mail (email) confirm receipt requested, or by registered or certified mail, and shall be addressed to each member entitled to vote, at the address of that member appearing on IGA’s books or at the address given by the member to the corporation for purposes of notice. If no address appears on IGA’s book and no address has been so given, notice shall be deemed to have been given if either (1) notice is sent to that member by the means set forth above to the member’s principal office as identified by the Bureau of Indian Affairs, and (2) notice is published at least once in a newspaper of general circulation in the county in which the principal office of said Member is located. Notice shall be deemed made upon receipt except in the case of publication, in which event service shall be deemed to have commenced upon such publication. 8.7 Voting may be by voice or ballot, except that any election of officers must be by secret ballot.
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8.8 Each voting member shall be entitled to cast one vote, through its designated representative, on each matter submitted to a vote of the members. Member Tribes must be present to vote and may not cast their vote through representatives of other Member Tribes, i.e., there shall be no proxy voting. 8.9 If a quorum is present, the affirmative vote of the majority of the voting power represented at the meeting, entitled to vote and voting on any matter, shall be the act of the members, unless the vote of a greater number of voting by classes is required by the Nonprofit Act, the articles of incorporation, or herein. 8.10 Member Tribes may send delegations to Tribal Membership meetings consisting of duly authorized representatives, alternates and anyone else who would be eligible to be an authorized representative. Tribal delegations to meetings of the Tribal Membership shall not exceed five (5) persons unless specifically authorized by the Tribal Membership. The presence of any authorized representative or designated alternate of a Member Tribe at a meeting of the Tribal Membership shall constitute the presence of such member at that meeting. 8.11 A member’s attendance at a meeting constitutes a waiver of notice of and presence at that meeting, unless the member objects at the beginning of the meeting to the transaction of any business because the meeting was not lawfully called. Attendance at a meeting is not a waiver of any right to object to the consideration of matters required to be included in the notice of the meeting but not so included, if that objection is expressly made at the meeting. Subject to the provisions and limitations of the Nonprofit Act and any other applicable laws, and subject to any limitations in the articles of incorporation and bylaws regarding actions that require the approval of the members, IGA’s activities and affairs shall be managed, and all corporate power shall be exercised, by or under the direction of the Tribal Membership. 9.2 Without prejudice to the general powers set forth in the articles of incorporation and herein, but subject to the same limitations, the Tribal Membership shall have the power to do all things necessary to transact the affairs of IGA, including but not limited to the power, either directly or through officers and agents of IGA, to: A. Appoint and remove IGA agents, consultants, representatives, professionals, and employees; prescribe powers and duties for them consistent with the law, the articles of incorporation and these bylaws; fix their compensation; and require from them security for faithful performance of their duties. B. Change the principal office from one location to another; cause IGA to be qualified to conduct its activities on any reservation or in any state, territory, dependency or country; C. Adopt and use a corporate seal; prescribed the forms of membership certificates; alter the forms of the seal and certificates; D. Corporate Powers Vested in the Tribal Membership 9.1 Borrow money and incur indebtedness on behalf of IGA; cause to be executed and delivered for its purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; and E. Open bank accounts; protect and invest IGA assets; and enter into contracts, trusts, agreements and other transactions for and on behalf of IGA.
9.
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10.
Board of Directors 10.1
The Board of Directors shall consist of the officers identified in Section 11.1 and elected in accordance with Section 11.2 (“Officers”), and such other Member Tribes, elected as regional representatives in accordance with Section 10.4. 10.2 Subject to any limitations imposed by these bylaws or by a vote of at least 75% of the Member Tribes voting in person at any meeting of the Tribal Membership, in the intervals between Tribal Membership meetings, the Board of Directors shall have the powers and authority to act as if it was the full Tribal Membership in order to transact any and all business and implement any of the purposes of the corporation. 10.3 Notices, meeting and voting of the Board of Directors shall be governed similarly to those rules applicable to the Tribal Membership meeting, except that (a) the notice period may be reduced by approval of a majority of the Board of Directors; (b) such meetings may be by telephone conference call; and (c) sixty percent (60%) of the Board of Directors, present in person (or if by telephone, on line) shall constitute a quorum for the transaction of business. 10.4 The Member Tribes from each IGA region, as defined in Appendix A, with at least one (1) or more Member Tribes in good standing, shall select a regional representative from each region, regardless of whether one or more Officers is from such region, so that at all times the Board of Directors, other than the Officers, shall have among its members at least one representative from each such region (“Regional Representatives”). The Regional Representatives shall be selected by a majority vote of Member Tribes from such region, according to rules of notice and election which are similar to those set forth in paragraph 11.8 hereof. The Member Tribes from the region may also elect additional alternates to serve in the absence of the elected regional representative or first alternate. Each region shall be entitled to cast one vote on each matter submitted to a vote of the Board of Directors. Until such time as ratified; the Bureau of Indian Affairs (BIA) Regions will remain in effect. 10.5 In addition to those Board of Director members selected in accordance with the foregoing, the Officers may appoint up to four (4) additional members of the Tribal Membership to serve as at- large members on the Board of Directors if such Officers, voting as a group, determine such appointments to be in the best interest of IGA. 10.6 No person shall be eligible to serve on the Board of Directors unless such person meets the qualifications set forth in section 11.4 of these bylaws. 10.7 IGA shall be officially notified of such selection by receipt of a resolution of the Member Tribes of the region certifying that such election had been held in accordance with these bylaws and qualifying the representative and alternates, if any, as meeting the qualifications necessary to serve on the Board of Directors. The Officers of IGA shall consist of a Chairperson, Vice-Chairperson, Secretary and Treasurer, no two of which offices may be held by the same person. The four elected Officers shall comprise the Executive Committee, which shall exercise such authority as may be granted by the Board of Directors. 11.2 Officers shall be elected at the IGA annual meeting by a majority vote of the Member Tribes eligible to vote. 11.3 Officers shall assume their official duties before the close of the meeting at which they were Officers and Their Election 11.1
11.
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elected and shall serve for a term of twenty-four (24) months or until the election and qualification of their successors, except that the first term of the Vice- Chairman and the Treasurer elected under the effect of this bylaw as amended to increase the term from twelve (12) months to twenty-four (24) months, shall be one (1) year. 11.4 No person shall be eligible to be an Officer or member of the Board of Directors (including any alternate to a regional representative) unless such person is the designated representative of a Member Tribe to the Tribal Membership and is an enrolled member of a Tribe. 11.5 A vacancy in the office of the Chairperson shall be automatically filled by the Vice-Chairperson for the unexpired term of the Chairperson’s office. Vacancies occurring in other Offices shall be filled for the unexpired term by a person elected by the Tribal Membership, notice of such election having been given in accordance with paragraph 11.8. Any successor, whether permanent or temporary, elected to fill a vacancy, must have the same eligibility qualifications of regional diversity among the officers, as set forth in paragraph 10.1, above. 11.6 Officers may be removed for cause by the Tribal Membership by a majority vote. 11.7 Officers may resign by submitting a written resignation subject to acceptance by the Tribal Membership. 11.8 The Board of Directors shall nominate qualified candidates for election as Officers at least 90 days before the date of any election meeting. At least 60 days before the date of the election, the Secretary shall forward to each Member, with the notice of meeting, a list of all candidates nominated under this Section. Any three (3) Member Tribes may also submit nominations for Officers to the IGA Secretary in the same manner as the Board of Directors, and the Secretary shall give notice of such nominations in like manner. In addition, nomination by any Member Tribe may be made from the floor at any meeting at which an election for such Officer’s position is being held, upon motion duly made and seconded. 11.9 The election of Officers shall be held during the annual meeting. In the event the annual meeting is scheduled to be a one-day event, the election shall be held after lunch on the first day. 12. Executive Director 12.1 An Executive Director may be appointed and removed by the Tribal Membership upon the recommendation of the Board of Directors and shall serve in such position as an Officer and be entitled to participate in all IGA functions, but shall not be entitled to vote in those matters, requiring a vote of the Tribal Membership, the Board of Directors, or the Officers. 12.2 The Executive Director shall be responsible for the day-to-day administration of IGA and shall execute the policies and programs established by the Tribal Membership and the Board of Directors in accordance with the directives received there from and shall perform such other duties and assume such other responsibilities as may be directed by the Board of Directors and the Tribal Membership.
13.
Duties of Officers 13.1
The Chairperson shall preside at all IGA meetings, shall sign all contracts and official documents duly authorized by IGA, and shall perform such other duties as usually pertain to the office of the Chairperson, including but not limited to duties as may be delegated to him by the Tribal Membership and Board of Directors.
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13.2 The Vice-Chairperson shall perform the duties of the Chairperson in the absence or disability of that officer to act, and shall perform such other duties as the Tribal Membership or the Chairperson shall direct. 13.3 The Secretary shall attend, and keep the minutes of, the meetings of the Tribal Membership and Board of Directors and shall perform such other duties as usually pertain to the Office of Secretary. Such minutes will be executed within thirty (30) days or before the next meeting of the Tribal Membership and Board of Directors, whichever first occurs. 13.4 The Treasurer shall have the ultimate custody and control of, and responsibility for, all IGA funds and securities and shall deposit same in such bank or depository as the Tribal Membership shall, by resolution, so direct; shall keep a full and accurate account of all monies received and paid on account of the Association; and shall have such other duties as usually pertain to the office of Treasurer or such other duties as may be assigned by the Tribal Membership. Thirty (30) days before any semi-annual meeting of the Tribal Membership as set forth in paragraph 8.1 above, the Treasurer shall cause a financial report to be distributed to each Member Tribe. 14. Membership Records The Secretary shall keep or cause to be kept, at the corporation’s principal office or at a place determined by resolution, a record of the corporation’s members, showing each member’s name, address, and class of membership. Similar information shall be maintained with respect to each official tribal representative and alternate as certified in paragraph 5.2 above. 15. Books of Account The Treasurer shall keep and main or cause to be kept and maintained, at the principal office of IGA, adequate and correct books and accounts of its properties and transactions. The Treasurer shall send or cause to be given to the Member Tribes and directors such financial statements and reports as are required by law, by these bylaws, or by the Tribal Membership, Board of Directors, or Executive Committee to be given. The books of account shall be open to inspection by any Member Tribe at all reasonable times. 16. Right of Indemnity 16.1 For the purpose of this section, “agent” means any person who is or was a director, officer, employee or other agent of IGA or its predecessor unincorporated association; “proceeding” means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative; “expenses” includes without limitation attorneys’’ fees and any expenses of establishing a right to indemnification under this section; and “person” includes any entity. 16.2 IGA shall indemnify any officer, director, employee or Member Tribe of IGA who was or is a party or is threatened to be made a party to an proceeding (other than an action by or in the right of IGA to procure a judgment in its favor, any action for self-dealing, or an action for any breach of duty relating to IGA assets) by reason of the fact that such person is or was an agent of IGA, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of IGA and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding, whether by judgment, settlement, plea or otherwise, shall not create any presumptions with respect to the aforesaid issues relating to good faith, reasonable belief, best interests of IGA or reasonable cause regarding unlawful conduct. 16.3 With respect to proceedings brought by or in the right of IGA, such persons shall be indemnified for expenses, but not otherwise, which are actually and reasonably incurred in connection with the
Bylaws of the Indian Gaming Association
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As Amended
defenses or settlement of such proceeding if such person acted in good faith, in a manner such person believed to be in the best interests of IGA and with such care, including reasonable inquiry, as an ordinary prudent person in a like position would use under similar circumstances, provided that if such person is found liable, the tribunal before which such proceeding is pending makes a determination upon all the circumstances of the case that such person is fairly and reasonably entitled to indemnity for the expenses which such tribunal shall determine.
17.
Fiscal Year The fiscal year of the Association shall be January 1 through December 31.
18.
Amendments 18.1
The IGA articles of incorporation and these bylaws may be amended or revised at any regular meeting of the Tribal Membership by a two-thirds (2/3) vote of the Member Tribes present and voting, provided that thirty (30) days prior written notice of the meeting together with a copy of the proposed amendment shall have been given to all members. 18.2 A committee may be appointed to prepare and submit any amendments or revisions to the articles of incorporation or bylaws upon a majority vote of Member Tribes present and voting. 19. Sovereign Immunity of Members Nothing in the articles of incorporation or bylaws of IGA or any other documents thereof, or by virtue of membership in IGA, shall act or is intended or may be interpreted as a waiver of the sovereign rights or immunities of IGA or any of its members, or of its or their officers, directors, members, agents or representatives, of any rights or privileges secured thereto by any treaty, executive order or any other laws of the United States of America, any state, or any law of nation. 20. Effective Date This document shall become effective upon its ratification and approval by the majority vote of the members of the Tribal Membership present and voting, which vote of ratification and approval and the adoption of these bylaws is indicated by the execution herein below by the IGA Chairman and Secretary. Bylaws adopted as amended by a quorum of the Tribal Membership at a duly held membership meeting in San Diego, California, this 13 th day of May, 2014.
s/
s/
Ernest L. Stevens, Jr., Chairman
Bernadine Burnette, Secretary
Bylaws of the Indian Gaming Association
Page 9
As Amended
INSERT TAB #4
MINUTES
Board of Directors Mee/ng Foxwoods, CT Monday, September 11 th , 2023 6:00pm EST Minutes
1. Call to Order
Dinner is served. Chairman introduces Chairman Butler form Mashantucket. He welcomes everyone to Foxwoods and hands out medicine balls to the board members.
2. Invoca/on -A prayer is said by Chairman Stevens grandson
3. Roll Call- A quorum was established.
4. Approval of Minutes : Board MeeGng April 2023
5. 6. Chairman’s Report
Chairman Stvens provides his report to the Board. Report includes discussion of the potenGal for an upcoming Government shutdown and Castro-Huerta Supreme Court decision. John Keifer award winner selecGon- awarded to Denise Harvey. Chairman highlights importance of John Kiefer award. Chairman encourages everyone to aOend the Tradeshow in Anaheim next year. 7. Execu/ve Director’s Report Jason announces that two of our board members will not be aOending. Jason and Chairman had recently met New Mexico Pueblos and stresses that they are concerned with the government shutdown on October 1 st . a. LegislaGve Update: Jason Giles: overview of supreme court cases. California, Arizona, NM, and Washington are not experiencing what other states experience with their poliGcal
leaders. Jason spoke with many people at OIGA and learns that the Biden administraGon is implemenGng big infrastructure projects and climate projects. Green energy projects are planned and tribes are opposing them. “We respect your tradiGons but we’re not going to honor them.” Windfarms, for example, are what some tribes are opposing. b. Membership Update Jason Giles reported, thanks to Kevin Leecy we have an excellent membership report to give everybody our we set a new record for membership dues in 2022. And we had seen 1.6 million in membership. A mo/on was made by Andy Ebona, seconded by Brandon Yellow Bird Stevens to accept the Reports of the Chairman and Execu/ve Director. Mo/on passed without objec/on. A Mo/on was made by Andy Ebona and seconded by Brandon Yellow Bird Stevens to approve the Minutes of March 26 and March 28, 2023. Mo/on passed without objec/on. 8. Treasurer’s Report Andy Ebona presents the proposed budget for 2024. Hard copies and in the Membership book. Projected revenue as Jason indicated is projected to be 8.5 million and most of that as you know, it comes through our tradeshow revenue. And of course with Kevin's help and good work we're projecting are trying to do is to be a 1.7 million so total budget revenue projected for next year 8.5 million for expenditures. Personnel we projected $1.87 million dollars for personnel and operating expenses. The most of course is in salaries. We are going to requests as part of the report a COLA increase for employees. We're right now we're projecting and requesting 5%. Employee COLA. We did provide a COLA increase last year for non-executive staff so this year, we're taking a look at what the what the feds are going to do in the way of costs cost of living increases in January and we'd like to base our on the total percentage on that but I think that as a minimum requested 5%. So that is the proposed budget for next year. moved to the adoption of the proposed budget. A mo/on was made by Andy Ebona and seconded by David Bean to approve the Treasurer’s Report and proposed budget for 2024. Mo/on passed without objec/on and one absten/on. 9. New Business No new business or resoluGons.
10. Announcements
Jason: Encourages board members to read the booklet and to let them know of any concerns they have.
11. Date of Next Board Mee/ng The next Board meeGng will be at the Anaheim ConvenGon Center.
12. Adjourn Chairman closes with a Happy Birthday to Andy turning 80 in September. Emphasizes Foxwoods is the most technological advanced casino. Golf tomorrow morning. Acknowledges Jerry Danforth, who is a former judge and tribal chairman, here to support Indian gaming.
A mo/on was made by Andy Ebona and seconded by David Bean to adjourn. Mo/on passed without objec/on.
INSERT TAB #5
OLD BUSINESS
The Honorable Joseph R. Biden President of the United States The White House 1600 Pennsylvania Ave., NW Washington, D.C. 20500 Re: Request for Executive Order Affirming Nation-to-Nation Relations Dear President Biden:
The National Congress of American Indians (NCAI) and the Indian Gaming Association (IGA), respectfully request that you issue an Executive Order Affirming Nation-to-Nation Relations, Permanent Indian Country Homelands, Self Determination and Self-Government, and Pre- Empting Contrary State Law. In the wake of the Muscogee (Creek) Nation’s Supreme Court victory in McGirt , Oklahoma Governor Stitt initiated a litigation campaign seeking to extend state authority over cases involving Indians in Indian country. In Oklahoma v. Castro-Huerta the Supreme Court’s majority opinion noted that absent federal preemption, “a State has jurisdiction over all of its territory, including Indian country.” In reaching its opinion, the Supreme Court ignored the mandate of the 1968 Indian Civil Rights Act, declined to apply the state enabling act, disregarded 200 years of treaties, statutes, and agreements, and cast doubt upon one of the most fundamental Indian law cases— Worcester v. Georgia (1832). The essence of the Castro Huerta decision is the Court failing to treat Indian reservations as self-governing tribal homelands, as promised by treaty, but instead is treating them as lands subject to state jurisdiction because they fall within state boundaries. In response to the Castro-Huerta decision, NCAI and IGA passed identical resolutions (e.g. NCAI Resolution #SAC-22-008, Calling on the President to Issue an Executive Order Affirming the United States of America’s Commitment to Treaties, Indian Sovereignty, Self-Determination, Self- Government, and Territorial Integrity ) The United States Constitution has vested the President with partial authority to manage the government-to-government relationship with Tribal Nations, the NCAI and IGA resolutions then call for the President of the United States to issue an Executive Order affirming Tribal Nation sovereignty, and rights to self-determination, self-government, and territorial integrity. Decisions like Castro-Huerta seek to undermine tribal sovereignty and usurps Congress’s and the President’s authority over Indian affairs in the most effectively destructive way. We welcome the opportunity to discuss this matter further and look forward to your reply. Sincerely,
Chairman Ernest L. Stevens, Jr. Indian Gaming Association
President Mark Macarro
National Congress of American Indians
EXECUTIVE ORDER ON NATION-TO-NATION RELATIONS BETWEEN THE UNITED STATES AND NATIVE SOVEREIGN NATIONS By the authority vested in me by the Constitution, treaties and laws of the United States, and in order to promote nation-to-nation relations with Native American Nations, honor treaty rights, support Indian Self-Determination and further the United States’ solemn trust responsibility to promote sustainable and prosperous Native American Nations, I hereby order as follows: Section 1. Nation-to-Nation Policy. Prior to the foundation of the United States of America, Native American peoples established and maintained independent sovereign nations with democratic governing institutions for thousands of years. From America’s first days, the United States entered into solemn treaties based upon mutual consent with Native Sovereign Nations acknowledging Native sovereignty, guaranteeing permanent Native homelands, recognizing Native self-determination and self-government, and pledging peace, friendship and commerce. In all, 400 Indian treaties were negotiated, with American territorial acquisitions that today are the basis of the United States of America. Under the U.S. Constitution, treaties with Native Nations are among the Supreme Law of the Land, and our law provides that the United States of America shall continue to honor our treaties with the Indian tribes now and in the future. Section 1(a). Federal Trust Responsibility. In the Northwest Ordinance, 1787 and 1789, America pledged the “utmost good faith” towards the Indians and promised that Native Nation lands and liberty would not be invaded. In treaties, our Nation pledged protection for Indian nations, and promised commerce and trade. Today, America’s policy promotes Indian Self- Determination, based upon mutual consent, within the framework of nation-to-nation relations, so that Native Sovereign Nations can serve as the prosperous and sustainable homelands promised by treaty. The Federal trust responsibility to protect Indian tribes guides America in promoting sustainable and prosperous Native American Nations and homelands and democracy counsels that nation-to-nation relations must be based upon mutual consent, as provided by our Constitution and treaties. Section 1(b). Protection of Indian Self-Determination. The Constitution delegates the Federal Government plenary authority vis-à-vis the states to manage affairs with Native Sovereign Nations and state admissions acts embody our original promise to respect Indian Self- Determination and Native homelands, free from invasion or interference with Native American liberty. As our earliest treaties and many state admissions acts provide, Native sovereignty and self-government are protected from state interference and state law that is contrary to tribal self- government is pre-empted by Federal law and treaties and tribal self-government itself. Section 1(c). Peace, Friendship and Restorative Justice. Over almost a century, the United States made 400 or more treaties with Native Sovreign Nations that pledged peace, friendship, and commerce. In treaties, agreements, statutes, and executive orders, America has recognized the Federal trust responsibility to promote the general welfare, self-determination, and self- government of Native American Nations, and to protect Native lands, waters, and other natural resources. Yet far too often America, through wars and conflicts, has failed to live up to our treaty and trust responsibility to Native American peoples. All that was deeply wrong. America must today follow the path of peace and restorative justice.
America must engage with Native American Nations through nation-to-nation relations based upon fairness, justice and democracy pursuant to constitutional, treaty and statutory obligations. We must honor Native American self-determination, support Native economic self-sufficiency, and respect tribal self-government, treaty rights and the Federal trust responsibility. Section 2. Definitions. For the purposes of this order, “Native Sovereign Nation” or “NSN” means our federally recognized Indian Tribes, Bands, Villages and Nations under the Federally Recognized Indian Tribe List Act. 25 U.S.C. secs. 5130-5131. Section 3. Fundamental Principles. (a) Native Sovereignty. Native Sovereign Nations have sovereign authority over their members and territory. Native Nations have self-determination and autonomy to promote Native self-government, preserve native languages, cultures, and traditions, protect Indian lands and support economic self-sufficiency. Native nations, Indian self- determination, and sovereignty to be protected as essential liberty and self-government consistent with the 14 th Amendment, which recognizes Native citizens, the status of Indian tribes as Native nations, and Native self-government. (b) Nation-to-Nation Relations. Federal agencies should engage with Native Sovereign Nations through the framework of nation-to-nation relations, with recognition not only of Native Sovereign Nations’ authority and responsibilities but also of the United States’ trust responsibilities to Native Americans, including to protect Native lands, waters, and other natural resources. (c) Economic Self-Sufficiency. To foster that commerce, America must promote Native American marketplaces and value generated in Indian country to support tribal economic development and self-sufficiency. Consistent with these objectives, federal agencies should seek to minimize Federal and state regulatory burdens on Native American nations and Native Americans, including by preempting unduly burdensome state laws. (d) Native Languages, Culture Resources and Religious Liberty. In the past, federal and state governments suppressed native languages, customs, and religions, in violation of the First Amendment, treaties, and statutes. Today, America must promote Native American languages and American Indian religious freedom, remove barriers to native religious and linguistic freedom, including fostering access to native sacraments, eagle feathers, and other cultural items, and fund native language restoration programs. Section 4. Nation-to-Nation Consultation and Mutual Consent. Federal agencies shall consult with Native Sovereign Nations within the framework of nation-to-nation relations required by Executive Memorandum of January 26, 2021 (Tribal Consultation and Strengthening Nation-to- Nation Relations) and the Executive Memorandum on Uniform Standards for Consultation, date November 30, 2023. Whenever a federal agency undertakes action—including rulemaking, policy implementation, or development of legislation—that would have significant impact on Native Americans or U.S. policy regarding Native Americans, the agency shall consult with affected Native Sovereign
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