Gaming Law for Tribal Government Officials,
Gaming
Professionals and Commissioners
Gaming
Get your Gaming Certificate and upgrade your credentials. This class is one of the requirements to earn your Tribal Gaming Professional Certificate. Click here or call 1-800-992-4489 for details.
As a tribal council member, gaming commissioner
or other gaming professional, you are
entrusted with the responsibility of overseeing
and regulating the management and growth of your tribe’s gaming operation. You must understand
complex federal laws and the court
decisions that affect them, evaluate management
and vendor agreements, handle strict audit requirements and respond to the constant
scrutiny of national and local media.
In the ever-changing gaming arena, you
must keep up-to-date on new legislation and
how it affects your operation. We’ll discuss the
Colorado River Indian Tribes v. National Indian
Gaming Commission (CRIT) case, proposed
Class II classifications, the updated Minimum
Internal Control Standards (MICS) and employment
law cases that may impact your practices.
This course will help you confront the challenges
of building a strong, successful gaming operation. Special attention will be given to the
relationships among the tribal council, gaming commission and casino management and how
these relationships impact the success of your
operation.
Your registration fee includes an individualized
gaming consultation. Bring your gaming
ordinance, supporting documents and questions
for review.
Topics that will be covered include:
Tribal Gaming Law
- Legal background
- Legislative background
- Legal authority for gaming
Indian Gaming Regulatory Act (IGRA) and
Compliance Issues
- Indian Gaming
Regulatory Act
- Crimes and criminal
procedures
Indian Gaming Regulatory
Act — Regulations
- Title 25, Code of
Federal Regulations,
Chapter 3
- Minimum Internal
Control Standards (updated
May 2006)
- Exercise — IGRA regulations
- Title 31 — Money laundering
Roles and Responsibilities of the Gaming Commission
- Gaming establishment and the commissioners
- Role of the commission
- Maintaining commission effectiveness
- Structure and function
- Goals and objectives
- Implementing policies
Current NIGC Information and Bulletins
- Fee rate (updated)
- Independence of the tribal gaming commission
- Request to submit a facility license
- Audit requirements for gaming operations
- NIGC-approved management contracts vs. consulting agreements
Role and Authority of
the Tribal Council
- Structure of government
- Separation of powers
- Jurisdiction
- Evaluating management
Relationships Among the Tribe, Commission and Operation
- Maintaining independence
- Budgetary issues
- Responsibility to the community
- Management contracts
- Hiring vs. licensing
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Employment Law in Indian Country
- Tuscarora Test
- Donovan Test
- Applying the Tuscarora Test to federal employment law
- Tribal/Indian preference
- Best practices — law and policy
- Bahweting Public School Academy v. Sault Ste. Marie Tribe of Chippewa Indians
- Union update: San Manuel v. NLRB
Current Case Law
- Colorado River Indian Tribes v. National Indian Gaming Commission
- Chickasaw Nation v. United States
- California, et al. v. Cabazon Band of Mission Indians, et al.
- Seminole Tribe of Florida v. State of Florida
- JPW Consulting v. NIGC — management contracts case
- U.S. v. 103 Electronic Gaming Devices
- U.S. v. 162 Megamania Gaming Devices
- Victor v. Grand Casino-Coushatta — slot malfunction case
Ethics and Gaming
- Official policy toward corruption
- Detection tools
- Conflict of interest, disclosure and fraud
- Identifying and handling misconduct
- Penalties and sanctions
- Making a code of ethics work
- Developing a code of ethics
- Diagnostic checklist
Liability
- Tribal sovereignty and organizations
- Liability
- Potential liability in Indian Country
- Standard rules of liability
- Applying rules
- Assessment checklist
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