Tribal Gaming Commissioner

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Job Title: HPUL – Tribal Gaming Commissioner

Type of Position: Appointment by the Executive Council as outlined in the Tribal Gaming Code of the Habematolel Pomo of Upper Lake

Status: (Part-time with the ability to be flexible)

Pay Rate: (Salary or hourly) HPULTGC Section 4.14

Posting Dates: Open Until Filled

Purpose:

The Habematolel Pomo of Upper Lake Tribal Gaming Commission (Gaming Commission) is a governmental subdivision of the Tribe under the directive and control of the Executive Council. The Executive Council intends that the operations of the Gaming Commission be conducted on behalf of the Tribe for the sole benefit and interests of the Tribe and its members concerning gaming. Furthermore, the Gaming Commission shall remain autonomous and shall be responsible for the administration of all gaming activity within the jurisdiction of the Tribe in accordance with the Gaming Code and applicable Federal, State, and Tribal laws. The authority of the Gaming Commission is defined in the Habematolel Pomo of Upper Lake Tribal Gaming Code.

Minimum Qualifications:

•Must be at least twenty-five (25) years of age before the appointment;

• Tribal member or not;

• Must have a High School Diploma or its equivalent and have a minimum of two (2) years Tribal gaming industry experience and seven (7) years cumulative working experience;

• Must not have been convicted of or entered a plea of nolo contendere to a felony in any jurisdiction for at least five (5) years immediately before the appointment;

• Be a resident of the State;

• Successful completion of a drug test;

• Successfully pass a background check that meets the requirements of a management contractor under IGRA;

• Must demonstrate sound communication skills and the ability to prepare written and oral management reports;

• Deal with the public as well as Federal, State and Tribal agencies;

• Establish and maintain effective, harmonious, cordial working relationships with Management, Commission, personnel, Tribal entities and other individuals or representatives of public and private agencies;

• Work in cooperation with the Executive Director to fulfill obligations in accordance with the Gaming Code and any applicable Federal, State and Tribal laws;

• Must maintain a high sense of confidentiality of all information files and accounts of the Gaming Commission.

Job Description:

• The Gaming Commission Chairperson serves a four (4) term as determined by the Tribal Gaming Code. The additional two (2) Gaming Commissioners are selected and appointed to two (2) year terms. All Gaming Commissioners are appointed by the Executive Council.

• The Gaming Commission Chairperson shall direct the Tribal Gaming Commission meetings.

• Review, approve and submit a budget for Executive Council approval, any related monetary proposals for the operation of the Gaming Commission, which could enable the Tribe to carry forth better the policies and intent of the Tribal Gaming Code.

• Work directly with the Executive Director and the Executive Council with regard to gaming issues.

• Promulgate rules and regulations for implementing the provisions of the Tribal Gaming Code, including the development of Policies and Procedures for its personnel; provided such rules or regulations are approved by the Executive Council or through amendment of the Tribal Gaming Code.

• Accept, review, approve, or disapprove any application for a License.

• Consult with the Executive Director of the Gaming Commission and make recommendations to the Executive Council in regard to changes in Tribal Gaming Laws and Policies.

• Issue fines and sanctions upon recommendation by the Executive Director to the Gaming Facility if it is operating in violation of this Code, and report all violations of the Compact to the Executive Council and significant breaches of the Compact to the State Gaming Agency.

• Sue or be sued in courts of competent jurisdiction within the United States and Canada, subject to Sections 4.6 and 4.7 of the Tribal Gaming Code provided that no suit shall be brought by the Gaming Commission without the prior explicit written approval of the Executive Council.

• Use of the seal of the Tribe with the written approval of the Executive Council.

• Arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Gaming Commission’s authorized activities.

• Exercise the Tribal power to tax, authorized by the Tribal Constitution in accordance with an Executive Council Resolution delegating such authority to the Gaming Commission solely to allow it to charge Administrative and License Application fees to Gaming License Applicants which are reasonably related to the costs of operating the Commission.

• With the prior written approval of the Executive Council, create applications, accept grants, and other awards from private and governmental sources in carrying out or furthering the purposes of the Gaming Commission or the Tribe.

• Ensure the filing of any records, forms, and reports and all other information requested by the Executive Council or required by the Tribal Gaming Code.

• Adopt a schedule of fees to be charged for Licenses.

• Adopt a schedule of fees for services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, files, and records.

• Upon the recommendation by the Executive Director discipline any Licensee or Person participating in Gaming by ordering immediate compliance with the Tribal Gaming Code, and to issue an order of temporary suspension of any license issued under the Tribal Gaming Code pursuant to the hearings and due process required by Section 4.21 of the Tribal Gaming Code.

• Issue an order of temporary closure of a Gaming Facility in the event the Gaming Commission determines that immediate closure is necessary to protect assets or interests of the Tribe according to the due process and hearings required by Section 4.21 of the Tribal Gaming Code.

• Become self-regulating whenever the Tribe becomes eligible for a certificate of self-regulation under the IGRA.

• File with the State Gaming Agency a request to be heard on any denial of a Determination of Suitability as defined by the Tribal/State Compact.

• Adopt, review, approve and adhere to its own minimum internal control standards, procedures, processes, policies and other documents which relate to the operation of the Gaming Enterprise and businesses conducted under the Gaming Enterprise including a Conflict of Interest Policy governing Commissioners and Tribal Gaming Commission staff

Determine whether a “Game of Chance” per Section 2.130 is classified as Class II Gaming or Class III Gaming.

• Develop a cooperative working relationship with Federal, State, County, Local, and other Indian Tribes agencies and officials.

Attitudes and Personal Qualities:

• The Gaming Commission shall operate and function as an independent Tribal regulatory entity in accordance with applicable law.

• Must be capable of balancing the business interest of the Tribe in advancing Gaming Enterprise.

• Must be able to establish a sound regulatory framework, which promotes the integrity of the gaming operation.

• Must have a high sense of ethics and fairness.

• Must have good work discipline, which includes punctuality, dependability, and accountability to your subordinates and supervisors.

• Maintain an above average dress attire in the representation as a Gaming Commissioner, including grooming and personal appearance/hygiene standards.

• Must have high standards of integrity and professionalism while employed by the Tribe.

POINT OF CONTACT:

Habematolel Pomo of Upper Lake

Executive Council

P.O. Box 516, Upper Lake, CA 95485

707-900-6920

ec@hpultribe-nsn.gov