Job Summary
a) There is hereby created the Lummi Tribal Gaming Commission, which shall consist of five (5)
persons who would themselves qualify for licensing under this Ordinance. At any time that said
Commission should cease to exist or function, the LIBC shall serve as the Commission, and
shall promulgate and implement interim regulations to govern gaming on the Lummi Indian
Reservation until such time as the commission is re-established or resumes functioning under its
own permanent regulations.
(b) The members of the LTGC shall be appointed by the LIBC and shall not be removed from
office before the expiration of their terms of office except for misconduct, neglect of duties,
malfeasance in office, good cause, or other acts that would render such persons unqualified for a
license hereunder. An affirmative vote of the LIBC, taken in an open meeting after a duly
noticed hearing at which the member charged with misconduct shall have the right to hear and
present evidence concerning his/her removal, shall be required to remove a member of the
Commission. At the request of the member whose removal is at issue, the hearing may be held
in executive session. LIBC also may elect to receive in executive session any evidence public
disclosure of which might compromise any on-going law enforcement investigation.
(c) LIBC shall appoint a Chairperson of LTGC, who shall be appointed for a term of three (3)
years. Two members of the Commission shall be appointed for terms of three (3) years and two
members shall be appointed for terms of two (2) years. Notwithstanding the foregoing, the
incumbent members of the LIGC upon the adoption of this ordinance shall continue to serve
according to the same terms and conditions under which they originally were appointed. The
LIBC shall determine and authorize the compensation to be paid to members of the LTGC based
upon the LIBC’s determination of the time required to be expended upon Commission duties
and the qualifications of the appointed Commissioners.
(d) The LTGC shall be authorized and hereby is directed to promulgate, subject to review and
approval by the LIBC, detailed and comprehensive regulations for the implementation and
enforcement of this ordinance. Said regulations shall describe and establish the rules for each
specific Class II and Class III gaming activity to be authorized to be conducted on the Lummi
Indian Reservation, and no form of such gaming may be conducted on the Lummi Indian
Reservation without prior approval by the LTGC.
(e) The LTGC, independent of LIBC, shall have full authority to monitor compliance with this
ordinance and its regulations, to investigate and prosecute violations of this Ordinance and the
gaming regulations, and act to prevent any violation(s) thereof.
(f) Subject to the approval of LIBC and the appropriation of funds therefore, the LTGC shall be
authorized to employ such staff as is reasonably may be required to fulfill its responsibilities
under this ordinance. Compensation of Commission employees shall be limited to that which is
comparable to compensation paid to persons performing similar duties in other governmental
gaming regulatory agencies.
(g) Subject to the approval of LIBC, the LTGC hereby is authorized to establish and impose upon
gaming facilities, permits, applicants and licensees such application, permit, and license fees as
may be necessary to fully reimburse the Tribe for its actual cost of operating the LTGC,
enforcing this ordinance and LTGC regulations, processing of licensing and permit applications,
and otherwise fulfilling its regulatory responsibilities under the Indian Gaming Regulatory Act
(IGRA).
(h) Failure to timely pay any gaming-related fee imposed by LIBC or the LTGC, or to comply with
a Commission regulation or order, or any other violation of this ordinance of the terms of any
Class III gaming compact authorizing and regulating gaming on the Lummi Indian Reservation,
shall be grounds for suspension or revocation of any license or permit issued pursuant to this
ordinance, exclusion of any non-member of the Lummi Nation from the Lummi Indian
Reservation, and imposition of such other sanctions as the LTGC may deem appropriate.
(i) Any person or entity subject to any sanction or penalty by the LTGC shall have the right to
appeal such sanction or penalty to LIBC in accordance with such rules and regulations as may
be promulgated by LIBC for that purpose. The decision of the LIBC on any appeal shall be
final and not otherwise reviewable.
