National Indian Gaming Commission

Revised NIGC Director of Compliance Job Posting

Matthew L.M. Fletcher

Director of Compliance

Job Announcement Number:  NIGC-13-KH-MM831910

Salary Range: $123,758.00 To $155,500.00 / Per Year

Open Period:   Thursday, January 24, 2013 To Thursday, February 14, 2013

Series & Grade:  AD-1801-15 (Equivalent to GS-15)

Position Information: Full Time – Excepted Service Permanent

Duty Locations: Washington, DC

Job Summary

The National Indian Gaming Commission in an independent Federal regulatory agency whose primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.

The major duties of this position include but are not limited to:  1. Prepare and present compliance actions to the Chief of Staff and Commission, in coordination with the Office of General Counsel.  2. Directs the monitoring of Class II and Class III gaming operations to ensure compliance with Indian Gaming Regulatory Act (IGRA), National Indian Gaming Commission (NIGC) regulations and the provisions of tribal gaming ordinances and/or resolutions.  3. Maintains liaison with tribal governments as well as federal, state and local law enforcement agencies and regulatory bodies concerned with Indian gaming.   4. Maintains and exhibits knowledge, insight, and understanding of the assigned specialized segment of NIGC’s Compliance Division, monitoring legislative and regulatory developments and rulemaking that impacts Commission decisions; utilizing and developing databases and technological tools; anticipating trends and practices in the gaming industry; developing novel and non-traditional pro-active approaches; fostering productive work relationships with all organizations within  the gaming industry; and engaging in public outreach and representational opportunities to showcase the goals and strategic vision of the Commission.  5. Directs the work of the assigned office through subordinate supervisors within the Regional Offices, the Audit program and the training program.   6. Performs full range of supervisory duties to include planning, assigning, and evaluating work, performance management, and determining training needs and arranging for necessary training.

Educational Requirement: A Bachelor of Science or Bachelor of Arts or higher level degree in Accounting, Finance, Business Administration or a related field from an accredited college or university.

Specialized Experience: 6 years of compliance experience, 6 years of audit experience, 6 years of experience in the gaming industry and 3 years of training experience.

For full job description and application information visit http://www.usajobs.gov/getjob/viewdetails/336442300

NIGC Job Posting — Director of Compliance

Matthew L.M. Fletcher

Department of the Interior | National Indian Gaming Commission

Director of Compliance

Job Announcement Number:  NIGC-13-KH-MM828767

Salary Range: $123,758.00 To $155,500.00 / Per Year

Open Period:   Wednesday, January 23, 2013 To Wednesday, February 13, 2013

Series & Grade:  Ad-1801-15 (Equivalent to GS-15)

Position Information: Full Time – Excepted Service Permanent

Duty Locations: Washington, DC

Job Summary

The National Indian Gaming Commission in an independent Federal regulatory agency whose primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.

The major duties of this position include but are not limited to:  1. Prepare and present compliance actions to the Chief of Staff and Commission, in coordination with the Office of General Counsel.  2. Directs the monitoring of Class II and Class III gaming operations to ensure compliance with Indian Gaming Regulatory Act (IGRA), National Indian Gaming Commission (NIGC) regulations and the provisions of tribal gaming ordinances and/or resolutions.  3. Maintains liaison with tribal governments as well as federal, state and local law enforcement agencies and regulatory bodies concerned with Indian gaming.   4. Maintains and exhibits knowledge, insight, and understanding of the assigned specialized segment of NIGC’s Compliance Division, monitoring legislative and regulatory developments and rulemaking that impacts Commission decisions; utilizing and developing databases and technological tools; anticipating trends and practices in the gaming industry; developing novel and non-traditional pro-active approaches; fostering productive work relationships with all organizations within  the gaming industry; and engaging in public outreach and representational opportunities to showcase the goals and strategic vision of the Commission.  5. Directs the work of the assigned office through subordinate supervisors within the Regional Offices, the Audit program and the training program.   6. Performs full range of supervisory duties to include planning, assigning, and evaluating work, performance management, and determining training needs and arranging for necessary training.

Educational Requirement: A Bachelor of Science or Bachelor of Arts or higher level degree in Accounting, Finance, Business Administration or a related field from an accredited college or university.

Specialized Experience: 6 years of compliance experience, 6 years of audit experience, 6 years of experience in the gaming industry and 3 years of training experience.

For full job description and application information visit http://www.usajobs.gov/getjob/viewdetails/336282300

National Indian Gaming Commission Staff Attorney Job Posting

Matthew L.M. Fletcher

Department of the Interior | National Indian Gaming Commission

 Staff Attorney

Job Announcement Number: NIGC-DA-13-MM813687(EX)

SALARY RANGE: $105,211.00 to $155,500.00 / Per Year

OPEN PERIOD: Friday, December 28, 2012 to Friday, January 11, 2013

SERIES & GRADE: AD-0905-14/15 (Equivalent to GS-14/15)

POSITION INFORMATION: Full Time – Excepted Service Permanent

DUTY LOCATIONS: Washington DC

JOB SUMMARY:

The National Indian Gaming Commission (NIGC) is an independent Federal regulatory agency whose primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players.

Responsibilities include but are not limited to: administrative and federal litigation regarding Indian gaming matters; the review of tribal gaming ordinances and management contracts; and the provision of general legal advice and assistance on gaming and administrative matters to the NIGC.

The Attorney works in the Office of the General Counsel of the NIGC

The salary range for this position is equivalent to the GS-14/15 salary ($105,211- $155,500).

For full job description and application information visit http://www.usajobs.gov/

GetJob/ViewDetails/334583900

Update in Sharp Image Gaming v. Shingle Springs Miwok

Matthew L.M. Fletcher

The tribe here is appealing a state court trial decision holding that a jury should determine whether the tribe’s waiver of immunity was “reasonable.” There are other issues as well (for example, the NIGC issued an opinion on the underlying contract that the state trial court disregarded on various grounds). Here are the materials in Sharp Image Gaming v. Shingle Springs Band of Miwok Indians (Cal. App.):

2009-11-17 Ruling re Motion to Dismiss

2012-10-10 Tribes Opening Brief

Prior post on this case here.

Friday News Dump — NIGC Opines on Kialegee Broken Arrow Casino

Matthew L.M. Fletcher2 Comments

Docs here:

Kialegee_Letter_5-25-12

kialegee_tribal_town_opinion_5-24-12

D.C. Circuit Affirms Dismissal of Challenge to NIGC Approval of Lytton Rancheria Gaming Ordinance

Matthew L.M. Fletcher

Here is the per curiam order in Neighbors of Casino San Pablo v. Salazar:

DC Circuit Order

And the briefs (opening brief is here):

Interior Appellee Brief

Lytton Rancheria Appellee Brief

Neighbors Reply

Opening Brief in D.C. Circuit Appeal of Dismissal of Challenge to Lytton Band Gaming Ordinance

Matthew L.M. Fletcher

Here is the opening brief in Neighbors of Casino San Pablo v. Salazar:

Neighbors Opening Brief

Written Testimony in SCIA Hearing on Indian Gaming Regulation

Matthew L.M. Fletcher4 Comments

Here is the witness list, with links to the written testimony:

Panel #  1

The Honorable Tracie Stevens
Chairwoman
National Indian Gaming Commission, Washington, DC

Written Testimony

Panel #  2

Mr. Ernest L. Stevens
Chairman
National Indian Gaming Association, Washington, DC

Written Testimony

Mr. Jamie Hummingbird
Chairperson
National Tribal Gaming, Commissioners/Regulators, Tahlequah, OK

Written Testimony

Panel #  3

Mr. J. Kurt Luger
Executive Director
Great Plains Indian Gaming Association, Bismarck, ND

Written Testimony

Mr. Sheila Morago
Executive Director
Oklahoma Indian Gaming Association, Oklahoma City, OK

Written Testimony

Mr. John Meskill
Executive Director
Mohegan Tribal Gaming Commission, the Mohegan Tribe, Uncasville, CT

Written Testimony

NIGC Notice of Violation Letter to Fond du Lac Band of Lake Superior Chippewa Indians

Matthew L.M. Fletcher1 Comment

Here:

Fond du Lac NOV

State of Alabama’s Expert on Class II Bingo Formerly Consulted for NIGC and Worked for Many Indian Tribes

ilpc1 Comment

As reported on Indianz and Pechanga the last few days, the State of Alabama’s retained expert, D. Robert Sertell,  on technical gaming issues took issue with the NIGC’s determination that Poarch Band of Creek Indians gaming operations are legal. Here’s a quote from a news article titled “FBI could raid Alabama’s Indian casinos, says gambling expert,” that quotes Sertell extensively:

Sertell visited Poarch Creek gaming operations and concluded in a 2004 report that their machines did not qualify as Class II gaming and were therefore illegal.

In a telephone interview this month, Sertell questioned the competence and integrity of the national commission, saying Stevens’ letter “ignores federal law so hard, it’s almost laughable.”

“NIGC’s executives are all members of Indian tribes,” he said of the commission. “This is Indians regulating Indians.”

In addition to not wanting to “alienate their Indian relatives and friends,” the agency is also inclined to ignore illegal gambling operations because increased Indian gambling revenue means more funding for the commission, Sertell said.

As Sertel’s CV (Sertell CV, not sure how old this is) notes, he has worked for many, many Indian tribes on technical issues. He even wrote an expert report for Shingle Springs Miwok years ago (Shingle Springs Declaration). Also, he consulted with the NIGC from 1998-2001, during a period of time in which NIGC’s position was that virtually all electronic bingo should be classified as Class III, a position rejected by two federal circuits (Tenth Circuit and Eighth Circuit).