Board of Directors Meeting Monday, September 11 th , 2023 6:00 p.m. EST
1. Call to Order
Chairman Stevens
2. Invocation
3. Roll Call
4. Approval of Minutes: Board Meeting April 2023
5. Chairman’s Report
a. Indian Country Update i. Possible Government Shutdown ii. IGA-NCAI Taskforce update
6. Executive Director’s Report a. Legislative Update
i. Congressional Update ii. Tribal Casino Issues for 2023
b. Membership Update
7. Treasurer’s Report
FY2024 Proposed Budget
8. Old Business
9. New Business
a. Consideration of Resolutions ( if any )
10. Announcements 11. Date of Next Board Meeting
a. Tradeshow, Anaheim, CA., April 8-11, 2024
12. Adjourn
Page 1 of 1
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
1
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
2
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] [Phone Number] [email]
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
3
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
4
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
5
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
6
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
7
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 Kevinck04@gmail.com
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
8
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
Bylaws of the Indian Gaming Association
Page 1
As Amended
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.
Bylaws of the Indian Gaming Association
Page 2
As Amended
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
Bylaws of the Indian Gaming Association
Page 3
As Amended
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.
Bylaws of the Indian Gaming Association
Page 4
As Amended
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.
Bylaws of the Indian Gaming Association
Page 5
As Amended
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.
Bylaws of the Indian Gaming Association
Page 6
As Amended
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.
Bylaws of the Indian Gaming Association
Page 7
As Amended
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
Page 8
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
Board of Directors Meeting Omni Hotel San Diego, CA Thursday, March 26, 2023
Minutes
Prayer- Chairman Stevens Call to Order- Chairman Stevens Roll Call-A quorum was established. Approval of Minutes A motion was made by Andy Ebona, seconded by Greg Abrahamson to approve the Minutes. Motion passed without objection. Chairman’s Report The Chairman Provided his report on the State of Indian Gaming under he Biden Administration, 2023 San Diego Tradeshow Highlights and Events and Intertribal activities since last Board of Directors Meeting. 1. Executive Director’s Report a. Legislative update:
Chairman Mark Macarro provided a discussion on California prop 27/26. FanDuel and DraftKings wanted to pass prop 27 but California did not engage in mobile gaming/sports betting. The situation was tribe against tribes . Jason Giles: Texas will try and pass laws that won’t be beneficial to most tribes, so it is important for tribes to stick together. Chairman: Tribes need three things: Diplomacy, statesmanship, and respect Seth Damon Introduces the new Navajo Nation President
Navajo Nation President Buu Nygren : Thanks everyone and reiterated that Tribal Gaming is important. He expresses excitement for the new relationships he will develop with the board members. Mr. Parrish, a guest, came with them. A motion was made by Andy Ebona to accept the Chairman and Executive Director’s Report, seconded by Denise Harvey. Motion passed without exception.
2. Treasurers Report Andy Ebona - 4.6million dollars raised for this tradeshow. The attendance will exceed 10,000, and gain more than our goal of 4.7 million income. Kevin Leecy – Reviews the tribal membership numbers, technology updates, and new IGA website. Things to vote: Should we allow the board to decide the increase/decrease of dues? Andy- Most income comes from tradeshow, second comes from tribal membership and associate membership. Talks about expenditures, all in the booklet. Received a loan from Clarion 1.5 million dollars over covid years. Introduces Grant Eve and business partner Barnanby Allen . It’s a presentation from Wipfli. March 21 st audit completed. A motion was made by David Bean to accept treasurer report and audit report, seconded by Greg Abrahamson . Motion passes without exeption. 3. Old business Jason : By-law issue, this board approved changes to the bylaws at the last meeting. A new goal is to take the tribal membership dues schedule out of the bylaws, which hasn’t been changed since 2000. Second issue: A two day membership meeting. The bylaws back it up. Goal is to make membership meeting more efficient so tribal leaders can have more time on the tradeshow floor. This board has already approved these changes but at the next meeting, hopefully the membership will pass them after further discussion and details. Membership meeting on Tuesday morning (3/ 28).
Jason : Announced we updated the new name in D.C. for nonprofits. \
New Business: Mark Van Norman : Last midyear, we did a resolution on Castro Huerta, explains the effects of the Justice Scalia’s death. Reviews updated resolution on Castro Huerta resolution with the board members. A motion was made by Chairman Stevens to adopt the updated Castr Huerta Resolution, seconded by Mark Macarro, Motion passes without objection.
A motion by Andy Ebona to recess, and resume on March 30 th , seconded by Seth Damon, Motion passes without objection.
March 31, 2023.
New Members of the Board of Directors are introduced.
The Board of Directors informally discussed without action, the organization name change, the revised dues schedule and the 2022 Audit.
A Motion was made by Andy Ebona to adjourn, seconded by all in attendance. Motion passed unanimously.
Protect Tribal Water Rights for Future Generations As the preexisting sovereigns of the United States, Tribal Nations have a unique relationship with the federal government. This relationship has often been described as the “trust relationship” between Tribal Nations and the U.S. The three seminal Indian law cases known as the Marshall Trilogy acknowledge that a special relationship exists between tribes and the U.S. and it has continued ever since. The latest United States Supreme Court (“SCOTUS”) decision put this relationship in jeopardy. The majority ignores the history of starvation imposed upon the Navajo at Bosque Redondo by the U.S. It was only under duress that the Navajo Nation agrees to sign the 1868 treaty. Even faced with the threat of further deprivation, the Nation refused to go anywhere but to their traditional ancestral homelands. Justice Thomas says the only trust that exists is the " trust that Indians have placed in the Federal Government ." This decision adds to the long history of broken promises which includes the Department of the Interior failing to uphold the promises of livable homelands by ensuring tribal water rights are fully fulfilled. The majority also fails to acknowledge the changes that have occurred in the intervening years such as Hoover dam which created Lake Mead and altered the amount of water available naturally in the Lower Basin. As recognized in NCAI Resolution # ABQ-10-035 , “the federal government has a long history of building dams and related water projects that impact Indian Nation waterways and lands ”. These dams have had dramatic and devastating effects on our Indian Nations. Unfortunately, only Justice Gorsuch, writing for the minority, recognized his history and the impact of these projects on the Navajo lands. On June 22, 2023, the SCOTUS delivered its decision in Arizona v Navajo Nation . After decades of uncertainty and neglect, the Navajo Nation asked the federal courts to adjudicate what water rights were held in trust by the U.S. on its behalf. In answering this question, the Court, as it has in other recent decisions, chose to erode tribal rights and ignore prior Supreme Court precedents. In his concurring opinion Justice Thomas contends both the trust responsibility and the canons of construction stating that there is no basis or support for them in the federal system. As Justice Thomas puts it the only trust that exists is the “ trust that Indians have placed in the Federal Government. ” Tribal Nations call on the Biden Administration and the Congress to uphold the promises the U.S. made through the treaties provide for adequate potable water to sustain our communities by: • finally adjudicating all water rights held in trust for Tribes by the Secretary of the Interior in an amount that guarantees the future viability of our communities; • recognizing that Tribes must be treated equally with States in the apportionment of water rights in their respective regions; • engage in meaningful consultation with Tribal Nations before engaging in any project or rule change that has the potential to impact tribal water rights.
THE ROAD TO NET ZERO MUST INCLUDE RESPECT FOR TRIBAL SOVEREIGNTY
The transition from traditional energy to renewable energy must not come at the expense of tribal sovereignty and rights. The Biden Administration set a goal of making the federal government carbon neutral (“Net Zero”) by 2050. To achieve this goal, it will be necessary to shift from traditional energy sources to wind and solar power among other renewable energy sources. The transition to Net Zero is a necessary change to combat global warming and reduce the impacts of climate change, which are disproportionately affecting Tribal Nations and other indigenous communities. Many of the key minerals needed to make this transition away from fossil fuels are located on or near reservations or areas of importance to Tribal Nations. Renewable energy requires the mining for the cobalt, copper, lithium, and nickel deposits. These minerals are needed for the batteries needed for wind and solar energy projects. Most of these mineral deposits are located within 35 miles of existing reservations and many of them are located in areas of cultural significance to neighboring tribes. For example, the Resolution copper mine in Arizona has drawn opposition because of the threat it poses to Chich’il Bildagoteel, also known as Oak Flat. The lithium mine at Thacker Pass in Nevada will have similar impacts on a culturally important site and has drawn fierce resistance from the neighboring communities. The Biden Administration must seek the free prior and informed consent of affected tribes as the first step in this transition. The clean energy transition should include Tribal Nations as equal partners. There is a long history of federal policies negatively impacting Tribal Nations. Tribes are already experiencing the effects of climate change firsthand. It is possible for the administration to equally prioritize environmental concerns and tribal rights without compromising either. There is no inherent conflict between the Administration’s environmental priorities and the rights of Tribal Nations, so both should be valued equally in the energy transition. The Administration’s move towards Net Zero must include the following priorities. • The free prior informed consent of any Tribal Nations in proximity to or with cultural ties to proposed mining areas must be sought before any new mining projects are approved; and • Existing leases should be reviewed for impacts on tribal sacred sites and other culturally significant sites; and • Treat Tribal Nations as equal partners in the process from planning to permitting; and • Engage in meaningful consultation with Tribal Nations prior to approving new leases that could impact tribal members or culturally significant sites.
RESPECT FOR TRIBAL SOVEREIGNTY IN OFFSHORE DEVELOPMENTS Tribal Nations understand the need to shift to renewable energy sources. More so than other communities in the United States, Tribal Nations are experiencing the direct effects of climate change. Tribal Nations along the coastline are witnessing the loss of territory as rising sea levels wash away their land, and oil spills contaminate foraging grounds. While our Nations understand, based on firsthand experience, the need to shift towards renewable energy and to address climate change, these changes should not come at the expense of tribal sovereignty. On January 30, 2023, the Bureau of Ocean Energy Management, (“BOEM”), issued a Notice of Proposed Rulemaking (“NPR”) regarding its Outer Continental Shelf renewable energy regulations. According to BOEM the agency is seeking to streamline the process for approving offshore windfarms and implement changes that will save offshore energy developers approximately $1 billion over twenty (20) years. Tribal Nations need to be consulted on the BOEM’s proposed rules because it has the potential to negatively impacts to Tribal Nations from damage to cultural and natural resources. t Existing windfarms are responsible for the deaths of at least one (1) whale a week. Tribal fishermen are concerned about the impacts the proposed expansion will have on the fishing industry. Some of the most fertile and productive fishing areas will be affected by the development of offshore windfarms. Moreover, many Tribal Nations have treaty rights that protect their ability to fish, which BOEM needs to take into consideration. Additionally, BOEM’s proposed rules do not include protections for culturally important sites that are now underwater. BOEM should rescind the NPR until the agency has undertaken meaningful consultation with Tribal Nations. Meaningful consultation means that: • Tribal governments have an opportunity to be involved in the development of any new rules from the beginning to the end; and • Tribal Nation concerns are considered equally with those of private industry; and • Traditional indigenous ecological knowledge is included in the definition of the best science available when evaluating projects and their impacts; and • BOEM includes protections for cultural heritage sites which are now underwater and will be impacted by the windfarm developments.
FEDERAL POLICY PRIORITIES Indian Gaming Association: 2023 Mid-Year
118 th Congress: Leadership and Tribal Priorities ……….…..
2-4
Proposed Revisions to Part 293 – IGRA Compacting ………
5
Proposed Revisions to Part 151 – Tribal Land Into Trust ….
6
Indian Gaming and Mobile Sports Betting …………………..
7
The Debt Ceiling and the Fiscal Recovery Act ………………
8
Reintroduction of Tax-Related Gaming Bills …………………
9
NIGC Regulatory Updates …………………………………………
10-12
Federal Court Updates ……………………………………….…..
13-16
1
Outlook for the 118 th Congress: Tribal Priorities
Legislative Outlook Senate Priorities. After two years of work to enact an aggressive agenda that included passage of the American Rescue Plan, bipartisan gun safety, infrastructure, the CHIPS Act, and the highly partisan Inflation Reduction Act, Senate Democrats plan a more moderate agenda for the 118 th Congress. Leader Schumer has focused the 118 th Congress on must-pass bills that include passing debt limit legislation, the annual defense bill (NDAA), the Farm Bill, and the annual appropriations bill. The Senate also continues to prioritize judicial and agency confirmations. House Priorities. House Republicans are taking a more hardline approach. In the first weeks of reclaiming the majority, House Leadership advanced bills to cut funding for the IRS included in the Inflation Reduction Act, address reproductive rights, and increase energy production. House leaders have also focused on investigations of the Biden Administration and President Biden’s family and the origins of the COVID-19 pandemic. The House Oversight Committee Republicans have launched a wide-ranging investigation into the Biden family’s domestic and international business dealings to determine whether these activities compromise U.S. national security. Republicans have also created a Judiciary subcommittee on the “weaponization of the federal government” and are using the forum to review the FBI investigations into former President Trump. These investigations are meant to fire up the Republican base and have thus far not resulted in any substantive legislative activity. FY’24 Appropriations. House Republicans have pledged to cut discretionary spending by $130 billion from the FY’23 levels, aiming to limit federal agency and program funding to FY’22 levels. The House will press appropriators to return to regular order to enact annual funding bills, vowing to reject the massive year-end omnibus bills that have kept government operations and programs open in recent years. Senate Appropriations Chair Patty Murray (D-WA) and Ranking Member Susan Collins (R-ME) released a joint statement promising to “reach sensible solutions” to fund the government for FY’24. They have also resolved a return to regular order – passing each of the 12 individual spending bills through Committee. So far, the House and Senate Subcommittees have endeavored to live up to this commitment and have been moving bills through the various Subcommittees. On July 13, the House Interior Appropriations Subcommittee approved their bill and it will be marked up by the full committee on July 19. The Senate Interior Appropriations Subcommittee has not taken action on their bill. In related news, on June 1, Congress passed the Fiscal Responsibility Act of 2023. The bill was a negotiated compromise between the House Republican leadership and the Biden Administration to raise the debt ceiling while limiting future spending. The law keeps non-defense funding essentially flat for the fiscal year that begins in October 2023 at approximately $637 billion. Defense funding would be capped at President Biden’s budget request of $886 billion, a 3.5 percent increase over FY’23 spending. Non-defense spending would increase by 1 percent in FY’24, followed by years of non-enforceable funding targets. A group of House Republicans have stated opposition to an omnibus spending bill. They have threatened to cut spending across the board by 1 percent – a return to sequestration - if appropriators do not pass all 12 separate spending bills by the end of December 2023. There is some hope that this carrot-and-stick approach will motivate Congress to pass annual, low-drama appropriations bills in calendar year 2023. Indian Country Priorities . Indian Country continues to press Congress to advance many of the longstanding basic reauthorizations and updating of the Native American Housing Assistance and Self-Determination Act and others that have been held up in recent years by a few Senators seeking
2
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60Made with FlippingBook - Online catalogs