9.01.090 Gaming Commission
(a) The Saint Regis Mohawk Tribal Gaming Commission ("Commission") shall be composed of a minimum of three (3) persons, each of whom shall carry the title "Tribal Gaming Commissioner," Tribal Gaming Commission Executive Director, the Tribal Gaming Commission employees
(b) The Tribal Gaming Commissioners shall be appointed, and may be reappointed, by majority vote of the Tribal Council. A Resolution of the Tribal Council as to the appointment or reappointment of any Tribal Gaming Commissioner shall be conclusive evidence of the due and proper appointment of the member.
(c) The following must be met to qualify to be appointed as a Commissioner:
(1) Enrolled member of the Saint Regis Mohawk Tribe;
(2) Twenty-one (21) years of age;
(d) The following persons are not eligible to serve as Commissioners:
(1) Current employees of the gaming operation;
(2) Gaming contractors (including principal of a management, or other contracting company);
(e) The Tribe recognizes the importance of an independent Commission in maintaining a well-regulated gaming operation. The Commission shall be independent of, and act independently and autonomously from, the Saint Regis Mohawk Tribal Council in all matters within its purview. No prior, or subsequent, review by the Saint Regis Mohawk Tribe of any actions of the Commission shall be required or permitted except as otherwise explicitly provided in this chapter. To avoid potential conflicts of interest between the operation and regulation of the gaming facility, the Tribe requires that, at a minimum:
(1) No member of the Saint Regis Mohawk Tribal Council or gaming board may serve on the Commission;
(2) No member directly related to, or living with, any Saint Regis Mohawk Tribal Council member or gaming board member may serve on the Commission; and
(3) The Commission and its employees are prohibited from accepting complimentary items from the gaming operation, except food and beverages items valued under 100 dollars ($100.00) or less.
(f) The term of office shall be three years and may be staggered. In the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. If physically able, each Tribal Gaming Commissioner shall hold office until his/her successor has been appointed.
(g) The Commission shall name one of the Tribal Gaming Commissioners as the Chairman of the Commission. The Chairman of the Commission shall have the authority to call meetings of the Commission and shall preside over such meeting. The Commission shall select from among its Tribal Gaming Commissioners, a Vice Chairman, and no Tribal Gaming Commissioner may hold the positions of both Chairman and Vice Chairman. In absence of the Chairman, the Vice Chairman shall preside.
(h) A Tribal Gaming Commissioner may be removed before the end of his/her term with or without good cause.
(i) No Tribal Gaming Commissioner or employee of the Commission shall participate as a player in any gaming activity conducted by the Tribe.
(j) The Tribal Gaming Commissioners may receive compensation for their services and shall be entitled to compensation for their expenses, including travel expenses, incurred in the discharge of their duties.
(k) A majority of the full Tribal Gaming Commission shall constitute a quorum for the transaction of business, considering any vacancies which may exist.
(l) Meetings of the Commission shall be held at regular intervals as provided in the by-laws. Emergency meetings may be held upon 24 hours actual notice and business transacted, provided that at least a quorum exists and that there is a majority vote of those Tribal Gaming Commissioners present with respect to the proposed action.
(m) Any action required or permitted to be taken at a meeting of the Tribal Gaming Commission may be taken without a meeting if all of the members sign written consents setting forth the action taken or to be taken, at any time before or after the intended effective date of such action. Such consents shall be filed with the minutes of the Commission and shall have the same effect as consent obtained at a meeting.
(n) Commissioners may participate in a meeting of the Tribal Gaming Commission by means of conference telephone or similar communications equipment by means of which all persons participating in the meetings can hear each other, and participation in a meeting in such manner by any Tribal Gaming Commissioner who does not object at the beginning of such meeting to the holding thereof in such manner shall constitute presence in person of that Tribal Gaming Commissioner at such meeting.