Ordinances of the Elk Valley Rancheria, California
Last amended: 2002
Elk Valley Rancheria Ordinance No. 2001-04
AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA CONFIRMING
THE APPLICABILITY OF SECTION 11105 OF THE CALIFORNIA PENAL CODE TO
MEMBERS OF THE TRIBAL GAMING COMMISSION IN ORDER TO PERMIT THE COMMISSIONERS
ACCESS TO THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM
("CLETS").
[Title 16], Chapter 3 - Background Investigations /
Dissemination of Criminal Background Information
The Tribal Council ("Tribal Council") of the Elk Valley
Rancheria ("Tribe") hereby ordains as follows:
Section 1. Findings and Policy. The Tribal Council hereby
finds and declares as follows:
1. The Tribe is the owner of various parcels of property located within the boundary of the Elk Valley Rancheria ("Reservation") the title to which is held in the name of the United States of America in trust for the Tribe.
2. The Tribe is the owner and operator of the Elk Valley Casino, a functioning business enterprise consisting of, among other things, a small casino or gaming facility ("Casino").
3. The Tribe has entered into a Class III gaming compact ("Compact") with the State of California, which authorizes the Tribe to engage in certain house banked slot and card games.
4. The Tribal Council has adopted a gaming ordinance (Gaming Ordinance"), which has been approved by the Chairman of the National Indian Gaming Commission, comprehensively regulating gaming on the Reservation. Under the tribe's Gaming Ordinance, all persons working at the tribe's Casino must have a gaming license issued by the tribe's Gaming Commission established pursuant to the Gaming Ordinance.
5. The tribe's Gaming Ordinance, federal law, and Section 16.4.8 of the Compact require the Tribal Gaming Commission to, among other things, conduct background investigations of applicants for gaming licenses to work in the tribe's Casino.
6. In order to conduct thorough background investigations of applicants, it is in the best interests of the Tribe to obtain summary criminal history information from the California Department of Justice pursuant to the provisions of California Penal Code Section 11105.
7. In order for the tribe's Gaming Commission to be eligible to receive summary criminal history information from the California Department of Justice the tribe's Compact requires the Tribal Council to enact a tribal ordinance confirming that Article 6 of Title 1 of Part 4 of the California Penal Code is applicable to all members, investigators and staff of the tribe's Gaming Commission.
8. By enacting this Ordinance, the Tribal Council, pursuant to Section 6.4.8 of the Compact, is making the provisions of Section 11105 of the California Penal Code applicable to the members, investigators and staff of the tribe's Gaming Commission.
Section 2. Adoption and Adding of a New Chapter to the Tribal
Code Entitled "Background Investigations/Dissemination of Criminal
Background Information." A new Chapter 3 is hereby adopted
and added to Title 16 of the Tribal Code and shall provide as follows:
CHAPTER 3 - BACKGROUND INVESTIGATIONS / DISSEMINATION
OF CRIMINAL BACKGROUND INFORMATION
Sections:
16.03.010 Definitions.
16.03.020 Authorized Person Furnishing Record or Information to Unauthorized Persons: Violation.
16.03.030 Unauthorized Person Receiving Record or Information; Violation.
16.03.040 Dissemination of Statistical or Research Information from a Record.
16.03.050 Authorization to Contract with State Gaming Agency for Conduct of Background Investigations.
16.03.060 Furnishing of Release by Applicant.
16.03.010 Definitions. The following terms or phrases,
as used in this Ordinance, shall have the following meanings:
a. "A person authorized by law to receive a record" means any of the members, investigators and staff of the tribe's Gaming Commission.
b. "Gaming Commission" means the Gaming Commission of the Tribe.
c. "Record" or "state summary criminal history information" means the master record of information compiled by the Attorney General of the State of California pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies, booking numbers, charges, dispositions, sentencing, and similar data about the person.
d. "State Gaming Agency" means the California Gambling Control Board.
e. "Tribe" means the Elk Valley Rancheria.
16.03.020 Authorized Person Furnishing Record or Information
to Unauthorized Persons; Violation. Any person authorized
by this Ordinance to receive a record or information obtained from
a record who knowingly furnishes the record or information to a person
who is not authorized by law to receive the record or information
is guilty of a misdemeanor, punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00).
16.03.030 Unauthorized Person Receiving Record or Information;
Violation. Any person, except those specifically referred
to in Section 1070 of the California Evidence Code (relating to newspaper
publishers, editors, reporters and other employees of a newspaper),
who knowing he/she is not authorized by law to receive a record or
information obtained from a record, knowingly buys, receives, or possesses
the record or information is guilty of a misdemeanor, punishable by
a fine not to exceed Five Thousand Dollars ($5,000.00).
16.03.040 Dissemination of Statistical or Research Information from
a Record.
a. It is not a violation of this Chapter to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
b. It is not a violation of this Chapter to disseminate information obtained from a record for the purpose of assisting in the apprehension of a person wanted in connection with the commission of a crime.
c. It is not in violation of this Chapter to include information obtained from a record in: (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by any order of any court of competent jurisdiction, or any law, including any decisional law of the State of California.
16.03.050 Authorization to Contract with State Gaming Agency
for Conduct of Background Investigations. To the extent that
doing so does not conflict with applicable federal law or the tribe's
Gaming Ordinance, the Gaming Commission is authorized in determining
whether a person is suitable to receive a gaming license from the
Gaming Commission to: (1) contract with the State Gaming Agency for
the Conduct of background investigations; (2) rely on a state certification
of a non-objection previously issued under a gaming compact involving
another tribe; and (3) rely on a state gaming license previously issued
to the applicant.
16.03.060 Furnishing of Release by Applicant. All applicants
for a tribal gaming license shall be required to provide releases
to the State Gaming Agency in order to make available to the Gaming
Commission background information regarding the applicant.
Section 3. Effective Date. This Ordinance shall take
effect immediately upon its passage.
CERTIFICATION
The foregoing Ordinance was adopted at a duly convened meeting of the Elk Valley Rancheria Tribal Council held on the 21 day of February, 2001, and by the following vote:
AYES:
8
NOES: 0
ABSENT: 0
ABSTAIN: 0
/s/
Dale A. Miller, Chairman
ATTEST:
/s/
Donna Townsend, Secretary
Ordinances of the Elk Valley Rancheria, California