THE
MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
AMENDED
CONSTITUTION
SECRETARY'S
CERTIFICA
TION
AND
SEAL
June
3,
2004
1,
Shirley
M.
Walsh,
in
my
capacity
as
Recording
Secretary
of
the
Mohegan
Tribal
Council
("
Tribal
Council")
of
the
Mohegan
Tribe
of
Indians
of
Connecticut
("
the
Tribe"),
and
not
individually,
do
hereby
certify
on
behalf
of
the
Tribe,

That:
Attached
hereto,
is
a
true
and
correct
Constitution
*
s
amended
and
restated,
which
is
in
full
force
and
effect
on
the
date
hereof;
and
.

That:
No
amendment
or
other
document
relating
to
or
affecting
the
Constitution
has
been
adopted
since
the
most
recent
date
listed
on
the
Constitution
.

IN
WITNESS
WHEREOF,
I
have
affixed
my
signature
on
the
date
first
set
forth
above.

Shirley
M.
W
lsh,
Recording
Secretary
Mohegan
Tribal
Council
I,
Mark
F.
Brown,
in
my
capacity
as
Chairman
of
the
Tribal
Council,
and
not
individually,
do
hereby
certify
that
Shirley
M.
Walsh,
is
the
duly
elected,
qualified
and
acting
Recording
Secretary
of
the
Tr'
uncil
of
the
Tribe,
and
that
the
signature
of
Shirley
M.
Walsh
Wfi)
Yth
ove
s
her
genuine
signature.

Mark
F.
Brown,
Chairman
Mohegan
Tribal
Council
THE
MOHEGAN
TRIBE
5
Crow
Hill
Road
"
PO
Box
488
"
Uncasville.
CT
06382
"
Telenhone
(
R60)
RF,
2­(
1(
10
"
Fax
lR60l
90­
61
15
CONSTITUTION
OF
THE
MOHEGAN
TRIBE
OF
INDIANS
OF
CONNECTICUT
PREAMBLE
We,
The
Mohegan
Tribe
of
Indians
of
Connecticut
answerable
to
our
ancestors,
in
order
to
secure
to
ourselves
and
our
descendants
the
management
of
our
own
affairs
as
a
sovereign
American
Indian
Nation,
to
ensure
the
maintenance
of
our
basic
human
rights,
to
exercise
our
sovereign
rights
as
a
federally
recognized
Indian
tribe,
including
the
right
of
self­
determination
and
selfgovernance
and
to
promote
the
general
welfare
of
The
Mohegan
People,
do
hereby
establish,
adopt
and
proclaim
this
Constitution
.

ARTICLE
I
­
NAME
The
name
of
this
organization
shall
be
The
Mohegan
Tribe
of
Indians
of
Connecticut
(
hereinafter
"
The
Mohegan
Tribe"
or
"
The
"
Tribe")
and
the
members
thereof
shall
be
known
as
The
Mohegan
Nation
.

ARTICLE
II
­
POWERS
The
powers
of
The
Mohegan
Tribe
shall
include
all
of
the
inherent
sovereign
rights
and
powers
of
an
independent,
indigenous
sovereign
nation
.

ARTICLE
III
­
JURISDICTION
Section
1
.
The
jurisdiction
of
The
Mohegan
Tribe
shall
extend
to
all
lands
presently
owned
or
leased
by
The
Tribe,
all
trust
lands
of
The
Tribe,
all
lands
hereinafter
acquired
by
The
Tribe,
and
all
lands
over
which
The
Tribe
has
regulatory
authority.

Section
2
.
The
Tribe's
jurisdiction
shall
extend
to
:

(
a)
all
persons
who
are
currently
enrolled
as
members
of
The
Tribe
;

(
b)
all
persons
who
make
application
to
become
enrolled
as
members
of
The
Tribe
prior
to
June
30,
1996,
as
Ratified
by
Tribal
vote
April
12,1996
provided
in
this
Constitution
and
The
Tribal
Enrollment
Ordinance,
who.
are
subsequently
accepted
as
members
of
The
Tribe
;
and
(
c)
all
other
persons
who
may
lawfully
be
subject
to
The
Tribe's
jurisdiction
.

ARTICLE
IV
­
GOVERNING
BODIES
Section
1
.
The
Mohegan
Tribe
shall
be
governed
by
The
Mohegan
People,
and
represented
by
a
Tribal
Council,
consisting
of
nine
tribal
members,
and
a
Council
of
Elders,
consisting
of
seven
tribal
members,
unless
and
until
said
number
of
members
is
increased
through
the
enactment
of
a
joint
ordinance,
approved
by
a
majority
of
the
Tribal
Council
and
a
majority
of
the
Council
of
Elders
.

Section
2
.
Members
of
the
Tribal
Council
and
Council
of
Elders
shall
serve
for
four­
year
staggered
terms,
subject
to
the
provisions
of
Article
VI,
Section
3
.1
Section
3
.
Meetings
of
the
Tribal
Council
shall
be
held
and
conducted
as
follows
:

(
a)
The
Tribal
Council
shall
hold
regular
meetings
which
shall
be
called
by
the
Chair
or
upon
written
request
of
a
majority
of
the
members
of
the
Tribal
Council
then
in
office
.

(
b)
Five
(
5)
members
of
the
Tribal
Council
then
in
office
shall
constitute
a
quorum
for
the
transaction
of
any
tribal
business,
and
a
majority
of
a
quorum
may
make
decisions
except
for
those
requiring
a
higher
vote
under
this
Constitution
.

(
c)
In
conducting
its
business
;
the
Tribal
Council
shall
be
governed
by
such
rules
as
it
may,
in
its
discretion,
adopt
.

Section
4
.
The
Officers
of
the
Tribal
Council
shall
be
elected
in
the
following
manner
:
At
the
first
regular
meeting
at
which
the
newly
elected
members
of
the
Tribal
Council
convene
following
the
first
election
after
the
adoption
of
this
Amendment
[
September
6,
2003],
the
Tribal
Council
shall
elect
from
among
the
membership
of
the
Tribal
t
Article
IV,
Sec
.
2,
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
April
12,
1996
Council
a
Chair,
a
Vice­
Chair,
a
Recording
Secretary,
a
Corresponding
Secretary,
and
a
Treasurer.
Those
members
who
are
elected
to
these
positions
shall
have
such
additional
powers
and
duties
as
are
hereinafter
enumerated
.
Thereafter,
at
its
first
regular
meeting
following
every
general
election,
the
newly
constituted
Tribal
Council,
including
its
newly­
sworn
members,
shall
fill,
by
majority
vote,
any
officer
positions
vacated
by
incumbents
whose
terms
expired
.
Incumbents
winning
re­
election
may
be
reappointed
to
officer
positions
only
upon
majority
vote
of
the
newly
constituted
Tribal
Council
.2
Section
5
.
Meetings
of
the
Council
of
Elders
shall
be
held
and
conducted
as
follows
:

(
a)
The
Council
of
Elders
shall
hold
regular
meetings
which
shall
be
called
by
the
Chair
or
upon
written
request
of
a
majority
of
the
members
of
the
Council
of
Elders
then
in
office
.

(
b)
Five
(
5)
members
of
the
Council
of
Elders
then
in
office
shall
constitute
a
quorum
for
the
transaction
of
any
tribal
business,
and
a
majority
of
a
quorum
may
make
decisions
except
for
those
requiring
a
higher
vote
under
this
Constitution
.

(
c)
In
conducting
its
business,
the
Council
of
Elders
shall
be
governed
by
such
rules
as
it
may,
in
its
discretion,
adopt
.3
Section
6
.
The
Officers
of
the
Council
of
Elders
shall
be
elected
in
the
following
manner
:
At
the
first
regular
meeting
at
which
the
newly
elected
members
of
the
Council
of
Elders
convene
following
the
first
election
after
adoption
of
this
Amendment
[
September
6,
2003],
the
Elders
shall
elect
from
among
the
membership
of
the
Council
of
Elders,
a
Chair,
a
Vice­
Chair,
a
Secretary,
and
a
Treasurer
.
Those
Elders
who
are
elected
to
these
positions
shall
have
such
additional
powers
and
duties
as
are
hereinafter
enumerated
.
Thereafter,
at
its
first
regular
meeting
following
every
general
election,
the
newly
constituted
Council
of
Elders,
including
its
newly­
sworn
members,
shall
fill,
by
majority
vote,
any
officer
positions
vacated
by
incumbents
whose
terms
expired.

2
Article
IV,
Sec
.
4,
Amended
by
Tribal
Vote
September
6,
2003
3
Article
N,
Sec
.
5,
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
April
11,
1996
Incumbents
winning
re­
election
may
be
reappointed
to
officer
positions
only
upon
majority
vote
of
the
newly
constituted
Council
of
Elders
.4
Section
7
.
The
members
of
the
Tribal
Council
and
the
members
of
the
Council
of
Elders
shall
receive
a
compensation
for
their
services,
including
any
services
performed
in
connection
with
any
tribal
business,
and
the
compensation
set
forth
herein
shall
be
the
sole
compensation
received
for
their
services
.

a
.
The
compensation
plans
to
be
effective
as
of
the
date
of
adoption
of
this
amendment
[
May
2,
2004)
shall
be
the
plans
in
effect
as
of
January
1,
2004,
except
as
­
follows
:

1)
no
bonuses
or
increases
in
non­
deferred
compensation
shall
be
authorized,
except
for
:
i)
any
changes
to
compensation
approved
by
the
Tribal
membership
pursuant
to
paragraph
(
b)
;
and
ii)
annual
cost
of
living
adjustments
not
to
exceed
the
percentage
increase,
if
any,
in
the
consumer
price
index
upon
which
Social
Security
cost
of
living
adjustments
are
calculated,
which
shall
permanently
alter
the
base
pay
of
elected
officials
;

2)
no
pension,
severance,
transition
payments,
or
any
other
form
of
deferred
compensation,
shall
be
authorized
other
than
those
payments
authorized
by
the
Council
of
Elders
prior
to
January
1,
2004,
for
members
of
the
Council
of
Elders
who
were
in
office
on
or
before
January
1,
2004,
and
authorized
by
the
Tribal
Council
prior
to
January
1,
2004,
for
members
of
the
Tribal
Council
who
were
in
office
on
or
before
January
1,
2004
;
and
3)
tribally
funded
life
insurance
coverage
for
members
of
the
Tribal
Council
and.
Council
of
Elders
who
were
not
in
office
on
or
before
January
1,
2004,
shall
be
limited,
while
they
are
in
office,
to
levels
available
to
full­
time
employees
of
the
Mohegan
Tribe
and
such
coverage
shall
cease
when
the
elected
official
leaves
office
.

b.
Following
adoption
of
this
amendment
[
May
2,
2004],
the
Tribal
Council
and
Council
of
Elders,
respectively
and
independently,
may
propose
compensation
plans
for
approval
by
the
tribal
membership
in
a
special
election
;
however,
no
4
Article
IV,
Sec
.
6,
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
April
12,
1996
 
increase
in
compensation
shall
be
effective
until
approved
by
a
majority
of
all
votes
cast
in
a
special
election
called
for
that
purpose
.

c
.
The
Tribal
Council
and
the
Council
of
Elders,
respectively
and
independently,
shall
have
discretion,
at
any
time,
to
approve
for
those
members
then
in
office,
less
compensation
than
that
herein
authorized
.

d
.
All
amounts
of
and
provisions
for
current
and
deferred
compensation
for
current
and
former
elected
officials
shall
be
disclosed
in
writing
by
each
respective
Council
at
least
annually
to
every
registered
voter
of
the
Tribe,
including
any
and
all
compensation
for
the
management
of
the
gaming
enterprise,
and
any
other
tribal
businesses,
and
any
salary,
benefit,
wage,
or
bonus
distributed
to
elected
officials
or
former
elected
officials
of
the
Mohegan
Tribe
.

e
.
The
sovereign
immunity
of
the
Mohegan
Tribe
is
expressly
waived
to
authorize
Tribal
members
to
bring
actions
for
declaratory,
injunctive
and
mandamus
relief
in
the
Mohegan
Tribal
Court
for
enforcement
of
the
provisions
of
this
Section.
5
Section
8
.
The
members
of
the
Tribal
Council
and
the
members
of
the
Council
of
Elders
shall
also
be
bonded,
when
legally
required
and/
or
deemed
advisable,
and
the
cost
of
such
bonds
shall
be
borne
by
The
Tribe
.
The
amount
of
the
bonds
shall
be
determined
by
the
Tribal
Council
immediately
upon
adoption
of
this
.
Constitution
.

ARTICLE
V
­
MEMBERSHIP
Section
1
.
The
membership
of
The
Mohegan
Tribe/
Mohegan
Nation
shall
consist
of
the
following
persons
:

(
a)
All
persons
enrolled
with
the
Mohegan
Tribe
as
of
May
11,
2002,
as
listed
on
the
May
11,
2002
Mohegan
Tribal
Roll,
as
certified
by
the
Council
of
Elders
.
.

(
b)
All
persons
born
on
or
after
May
11,
2001,
who
are
lineal
descendants
of
those
persons
listed
on
the
May
11,
2002
Mohegan
Tribal
Roll
.
6
S
Article
IV,
Sec.
7,
Amended
by
Tribal
Vote
May
2,
2004
6
Article
V,
Sec
.
1,
Amended
by
Tribal
Vote
August
10,
2002
Ratified
by
Tribal
vote
April
12,
1996
Section
2
.
The
persons
identified
in
this
Article
V,
Section
1,
shall
not
be
deprived
of
membership
without
their
consent
.
Such
a
person
may,
however,
be
stripped
of
all
rights
and
privileges
attained
by
him
or
her
as
a
result
of
his
or
her
membership
with
The
Mohegan
Tribe,
as
provided
for
in
The
Tribal
Enrollment
Ordinance
.

Section
3
.
No
person
shall
be
entitled
to
become
a
member
of
The
Mohegan
Tribe
if
his
or
her
name
.
is
listed
on
the
official
roll
of
any
other
tribe
of
American
Indians
.
Additionally,
any
person
whose
name
is
listed
on
the
official
roll
of
any
other
tribe
of
American
Indians
after
he
or
she
becomes
a
member
of
The
Mohegan
Tribe
of
Indians
may
be
stripped
of
all
rights
and
privileges
attained
by
him
or
her
as
a
result
of
his
or
her
membership
with
The
Mohegan
Tribe,
as
provided
for
in
The
Tribal
Enrollment
Ordinance
.
Section
4
.
Any
person
found
to
have
committed
fraud
in
attaining
membership
status
with
The
Mohegan
Tribe,
including
but
not
limited
to
the
submission
of
falsified
documents,
shall
have
his
or
her
"
membership"
deemed
void
and
of
no
force
and
effect,
as
of
the
date
that
said
status
was
previously
conferred
.

ARTICLE
VI
­
ELECTIONS
Section
1
.
In
order
to
qualify
for
and
seek
election
to
a
position
on
the
Tribal
Council,
a
person
:

(
a)
Must
be
at
least
21
years
of
age
prior
to
the
date
of
the
election
;

(
b)
Must
be
a
registered
voting
member
of
The
Tribe
in
good
standing
;

(
c)
Must
not
have
been
convicted
of
any
violation
of
The
Tribal
Election
ordinance
;
and
(
d)
Must
not
have
been
convicted
of
either
a
felony
or
a
misdemeanor
involving
moral
integrity,
such
as
forgery
or
bribery
.

(
e)
Subsection
(
d)
of
Article
VI,
Section
1
may
be
waived
by
a
majority
vote
of
the
Council
of
Elders
.

Section
2
.
In
order
to
qualify
for
and
seek
election
to
a
position
on
the
Council
of
Elders,
a
person
:

Ratified
by
Tribal
vote
April
12,
1996
(
a)
Must
be
at
least
55
years
of
age
prior
to
the
date
of
the
election
;

(
b)
Must
be
a
registered
voting
member
of
The
Tribe
in
good
standing
;

(
c)
Must
not
have
been
convicted
of
any
violation
of
The
Tribal
Election
ordinance
;
and
(
d)
Must
not
have
been
convicted
of
either
a
felony
or
misdemeanor
involving
moral
integrity,
such
as
forgery
or
bribery.

(
e)
Subsect~
ion
(
d)
of
Article
VI,
Section
2
may
be
waived
by
a
majority
vote
of
the
Council
of
Elders
.

Section
3
.
Council
members
in
office
as
of
the
date
of
adoption
of
this
Amendment
shall
serve
the
remainder
of
their
terms
unless
vacancy/
removal
occurs
pursuant
to
Article
VIII
.
Following
adoption
of
this
Amendment,
term
lengths
for
the
Tribal
Council
and
Council
of
Elders
shall
be
as
follows
:

(
a)
The
first
regular
election
for
members
of
the
Council
of
Elders
shall
occur
on
the
last
Sunday
in
August,
2004,
at
which
seven
tribal
members
shall
be
elected
.
The
four
highest
vote­
getters
shall
serve
a
four­
year
term
and
the
remaining
three
successful
candidates
shall
serve
a
two­
year
term
.
In
the
event
of
a
tie
between
successful
candidates,
lots
shall
be
drawn
to
determine
which
successful
candidate
shall
serve
the
shorter
term
.
Terms
shall
begin
on
the
first
Monday
in
October
following
the
elections
.

(
b)
The
first
regular
election
for
members
of
the
Tribal
Council
shall
occur
on
the
last
Sunday
in
August,
2005,
at
which
nine
tribal
members
shall
be
elected
.
The
five
highest
vote­
getters
shall
serve
a
four­
year
term
and
the
remaining
four
successful
candidates
shall
serve
a
twoyear
term
.
In
the
event
of
a
tie
between
successful
candidates,
lots
shall
be
drawn
to
determine
which
successful
candidate
shall
serve
the
shorter
term
.
Terms
shall
begin
on
the
first
Monday
in
October
following
the
elections
.

Ratified
by
Tribal
vote
April
12,1996
(
c)
Beginning
in
2006
and
continuing
every
four
years
thereafter,
regular
elections
for
three
positions
of
the
Council
of
Elders
shall
be
held
on
the
last
Sunday
in
August,
and
the
newly
elected
members
of
the
Council
of
Elders
shall
take
office
for
a
four­
year
term
on
the
first
Monday
in
October
following
the
elections
.
Beginning
in
2008
and
continuing
every
four
years
thereafter,
regular
elections
for
four
positions
on
the
Council
of
Elders
shall
be
held
on
the
last
Sunday
in
August,
and
the
newly
elected
members
of
the
Council
of
Elders
shall
take
office
for
a
four­
year
term
on
the
first
Monday
in
October
following
the
elections
.

(
d)
Beginning
in
2007
and
continuing
every
four
years
thereafter,
regular
elections
for
four
positions
on
the
Tribal
Council
shall
be
held
on
the
last
Sunday
in
August,
and
newly
elected
members
of
the
Tribal
Council
shall
take
office
for
a
four­
year
term
on
the
first
Monday
in
October
following
the
elections
.
Beginning
in
2009
and
continuing
every
four
years
thereafter,
regular
elections
for
five
positions
on
the
Tribal
Council
shall
be
held
on
the
last
Sunday
in
August,
and
the
newly
elected
members
of
the
Tribal
Council
shall
take
office
for
a
four­
year
term
on
the
first
Monday
in
October
following
the
elections
.'

ARTICLE
VII­
VOTING
Section
1
.
Any
member
of
The
Mohegan
Tribe
who
attains
the
age
of
eighteen
(
18)
shall
be
entitled
to
become
a
registered
voter,
pursuant
to
the
procedures
set
forth
in
The
Tribal
Election
ordinance,
and
shall
be
entitled
to
vote
in
the
next
tribal
election
.

Section
2
.
In
each
tribal
election,
every
registered
voting
member
shall
be
entitled
to
cast
one
vote
for
each
elective
position
available
.

Section
3
.
All
elections
shall
be
by
secret
ballot
and
absentee
ballots
shall
be
allowed
for
registered
voters
.
No
votes
in
a
tribal
election,
however,
may
be
cast
by
proxy
.

ARTICLE
VIII
­
VACANCIES
AND
REMOVAL
FROM
OFFICE
Section
1
.
If
a
vacancy
occurs
among
the
members
of
either
the
Tribal
Council
or
the
Council
of
Elders,
and
7
Article
VI,
Sec.
3,
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
April
12,1996
less
than
three
months
remain
of
the
term
of
the
vacating
member,
the
Tribal
Council
shall
appoint
a
successor
to
such
position,
who
shall
serve
until
the
next
regular
tribal
election
when
a
subsequent
successor
is
duly
elected
and
seated
.

Section
2
.
If
a
vacancy
occurs
among
the
members
of
either
the
Tribal
Council
or
the
Council
of
Elders,
and
more
than
three
months
remain
of
the
term
of
the
vacating
member,
the
Tribal
Council
shall
cause
to
be
held
within
sixty
days
a
special
tribal
election
for
the
purpose
of
filling
the
vacancy
.

Section
3
.
Where
any
member
of
the
Tribal
Council
or
the
Council
of
Elders,
during
the
term
for
which
he
or
she
is
elected
or
appointed
:

(
a)
violates
the
provisions
of
this
Constitution
;
(
b)
is
convicted
of
a
felony
or
misdemeanor
involving
moral
integrity,
such
as
forgery
or
bribery;
or
(
c)
is
absent
from
three
consecutive
regular
meetings
of
the
Tribal
Council
or
the
Council
of
Elders,
unless
such
absence
has
been
excused
for
good
cause
;
he
or
she
shall
be
subject
to
removal
from
office
by
action
of
the
Tribal
Council
or
the
Council
of
Elders,
provided
that
such
removal
shall
be
effective
only
after
reasonable
notice
of
the
charges,
an
opportunity
for
the
subject
member
to
be
heard,
and
upon
approval
by
a
majority
of
the
members
of
the
Council
of
Elders
.

Section
4
.
Any
member
of
the
Tribal
Council
or
Council
of
Elders
shall
be
removed
from
office
if,
at
least
three
months
prior
to
the
expiration
of
his
or
her
term,
a
recall
election
is
held
and
a
majority
of
the
voters
vote
for
removal
of
said
person
.
The
Tribal
Council
and/
or
the
Council
of
Elders
shall
hold
a
recall
election
within
sixty
(
60)
days
of
its
receipt
of
a
recall
petition
bearing
the
signatures
of
at
least
forty
percent
(
40%)
of
the
registered
voters
in
The
Tribe,
accompanied
by
a
cover
letter
bearing
the
notarized
signatures
of
at
least
three
sponsors
who
are
members
of
The
Tribe
and
who
are
registered
to
vote
in
tribal
elections
.
Said
petition
shall
also
be
filed
in
accordance
with
any
other
procedures
established
by
the
Tribal
Council
and
Council
of
Elders
.8
°
Article
VIll,
Section
4,
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
April
12,
1996
Section
5
.
The
following
rules
shall
govern
the
removal
and/
or
vacancy
of
the
officers
of
the
Tribal
Council
:

(
a)
If
a
vacancy
occurs
in
the
office
of
Chair,
Vice­
Chair,
Recording
Secretary,
Corresponding
Secretary
or
Treasurer,
such
vacancy
may
be
filled
by
the
Tribal
Council
through
a
subsequent
election
of
one
of
its
members
to
the
office
.

(
b)
The
Tribal
Council
may
remove
the
Chair,
Vice­
Chair,
Recording
Secretary,
Corresponding
Secretary
and/
or
Treasurer
from
office
for
cause,
by
a
two­
thirds
(
2/
3)
vote
of
the
members
of
the
Tribal
Council
then
in
office
;
the
Tribal
Council
may
not,
however,
terminate
or
affect
an
officer's
status
as
a
member
of
the
Tribal
Council
through
such
action
.
The
Tribal
Council
shall
prescribe
in
The
Tribal
Election
Ordinance
the
specific
methods
by
which
removal
from
such
offices
may
be
carried
out
.

Section
6
.
The
following
rules
shall
govern
the
removal
and/
or
vacancy
of
the
Officers
of
the
Council
of
Elders
:

(
a)
If
a
vacancy
occurs
in
the
office
of
Chair,
Vice­
Chair,
Secretary
or
Treasurer,
such
vacancy
may
be
filled
by
the
Council
of
Elders
through
a
subsequent
election
of
one
of
its
members
to
the
office
.

(
b)
The
Council
of
Elders
may
remove
the
Chair,
Vice­
Chair,
Secretary
and/
or
Treasurer
from
office
for
cause
by
a
two­
thirds
(
2/
3)
vote
of
the
members
of
the
Council
of
Elders
then
in
office
;
the
Council
of
Elders
may
not,
however,
terminate
or
affect
an
officer's
status
as
a
member
of
the
Council
of
Elders
through
such
action
.
The
Council
of
Elders
shall
prescribe
in
The
Tribal
Election
Ordinance
the
specific
methods
by
which
removal
from
such
offices
may
be
carried
out
.

ARTICLE
IX
­
POWERS
AND
DUTIES
OF
THE
TRIBAL
COUNCIL
Section
1
.
All
legislative
and
executive
powers
of
The
Mohegan
Tribe
not
granted
to
the
Council
of
Elders
shall
be
vested
in
the
Tribal
Council
and
shall
be
exercised
in
accordance
with
this
Constitution
and
laws
of
the
United
States
applicable
to
Indian
tribes,
provided
,
that
legislative
and
executive
actions
taken
prior
to
the
Ratified
by
Tribal
vote
10
April
12,
1996
.
effective
date
of
this
Constitution
shall
remain
in
effect
unless
and
until
changed
by
the
subsequent
action
of
the
Tribal
Council
or
until
any
such
action
expires
of
its
own
terms
.

Section
2
.
The
powers
of
the
Tribal
Council
shall
include
all
executive
and
legislative
powers
reasonable
and
necessary
to
achieve
the
tribal
goals
recited
in
the
Preamble
hereof,
and
shall
further
specifically
include,
but
not
be
limited
to,
the
following
powers
:

(
a)
To
negotiate
with
and
to
approve
or
disapprove
contracts
or
agreements
with
tribal,
foreign,
federal,
state,
or
local
governments,
with
private
persons
or
with
corporate
bodies
;

(
b)
To
approve
or
disapprove
any
sale,
disposition,
lease
or
encumbrance
of
tribal
lands,
interests
in
land,
tribal
funds
or
other
tribal
assets
or
resources
with
or
without
advertisement
for
any
period
not
in
excess
of
the
period
provided
for
by
federal
law;

(
c)
To
establish
procedures
for
the
conduct
of
all
tribal
government
and
business
operations
except
where
elsewhere
precluded
in
this
Constitution
;

(
d)
To
advise
the
Secretary
of
the
Interior
with
regard
to
all
appropriation
estimates
of
the
Department
of
the
Interior
which
are
submitted
for
the
benefit
of
The
Mohegan
Tribe
of
Indians
of
Connecticut
prior
to
the
submission
of
such
estimates
to
the
Office
of
Management
and
Budget
or
to
Congress
;

(
e)
To
employ
and
pay
legal
counsel
for
The
Mohegan
Tribe,
subject
to
the
approval
of
the
Secretary
of
the
Interior
to
the
extent
that
such
approval
is
required
by
federal
law;

(
f)
To
appropriate
available
tribal
funds
for
the
benefit
of
The
Tribe
;

(
g)
To
approve
or
disapprove
operating
budgets
submitted
by
the
Tribal
Chair;

(
h)
To
review
the
budget
submitted
annually
by
the
Council
of
Elders
and,
in
the
event
that
said
budget
is
Ratified
by
Tribal
vote
11
April
12,
1996
approved
by
a
majority
of
the
members
of
the
Tribal
Council,
to
allocate
the
funds
called
for
by
said
budget
;

(
i)
To
approve
or
disapprove
allocations
or
disbursements
of
tribal
funds
(
or
grant
or
contract
funds
under
the
administrative
control
of
The
Tribe)
not
specifically
appropriated
or
authorized
in
a
budget
approved
by
the
Tribal
Council
;

(
j)
To
establish
and
enforce
rules,
consistent
with
applicable
federal
statutes
and
the
applicable
regulations
of
the
Secretary
of
the
Interior,
for
the
management
of
tribal
lands,
including
but
not
limited
to,
the
making
and
revocation
of
assignments,
and
the
disposition
of
timber,
oil,
and
mineral
resources;

(
k)
To
create,
or
to
provide
by
ordinance
for
the
creation
of
organizations,
including
public
and
private
corporations,
for
any
lawful
purpose,
which
may
be
nonprofit
or
profit­
making,
and
to
regulate
the
activities
of
such
organizations
by
ordinance
;

(
1)
To
promote
and
protect
the
health,
peace,
morals,
education,
and
general
welfare
of
The
Tribe
and
its
members
;

(
m)
To
borrow
money
from
any
source
whatsoever
without
limit
as
to
amount,
and
on
such
terms
and
conditions
and
for
such
consideration
and
periods
of
time
as
the
Tribal
Council
shall
determine
;
to
use
all
funds
thus
obtained
to
promote
the
welfare
and
betterment
of
The
Tribe
and
its
members;
to
finance
tribal
enterprises
;
or
to
lend
money
thus
borrowed
;

(
n)
To
establish
and
enforce
all
ordinances
governing
tribal
members,
including,
but
not
limited
to,
ordinances
regarding
tribal
elections,
ordinances
establishing
the
civil
and
criminal
jurisdiction
of
The
Mohegan
Tribal
Court
System,
ordinances
delineating
the
civil
and
criminal
laws
of
The
Mohegan
Tribe,
and
ordinances
providing
for
the
maintenance
of
law,
order
and
the
administration
of
justice
within
The
Mohegan
Indian
Reservation;

(
o)
To
establish
a
tribal
court
system,
defining
the
powers
and
duties
of
that
court
system
;

Ratified
by
Tribal
vote
12
April
12,1996
(
p)
To
regulate
wholesale,
retail,
commercial
or
industrial
activities
on
tribal
lands;
'

(
q)
To
establish
a
basic
departmental
structure
for
the
executive
branch
of
the
tribal
government
;
and
to
establish
governmental
sub­
divisions
and
agencies
and
delegate
appropriate
powers
to
such
subdivisions
and
agencies
;

(
r)
To
establish
policies
relating
to
tribal
economic
affairs
and
enterprises
in
accordance
with
this
Constitution
;

(
s)
To
levy
and
collect
taxes
and
raise
revenue
to
meet
with
needs
of
The
Tribe
or
to
support
tribal
government
operations
;

(
t)
To
pass
any
ordinances
and
resolutions
necessary
or
incidental
to
the
exercise
of
any
of
the
foregoing
powers
and
duties
;
to
waive
the
sovereign
immunity
of
The
Tribe
subject
to
such
limitations
and
restrictions
on
the
extent
and
enforcement
thereof
as
the
Tribal
Council
may
determine
;
and
to
adopt
and
to
do
such
acts
of
a
governmental
and/
or
public
nature
as
are
not
prohibited
by
applicable
laws
or
by
this
Constitution
.

Section
3
.
The
powers
and
duties
of
the
Chair
of
the
Tribal
Council
shall
include,
but
not
be
limited
to,
the
following
:

(
a)
To
serve
as
the
chief
executive
officer
of
The
Tribe
and
as
head
of
the
executive
branch
of
the
tribal
government
;

(
b)
To
carry
out
the
policies
established
by
the
Tribal
Council
through
its
passage
of
any
ordinances
and
resolutions
necessary
or
incidental
to
the
exercise
of
any
of
the
powers
and
duties
enumerated
in
Article
IX
above,
and
to
be
accountable
to
the
Council
to
see
that
said
policies
are
faithfully
executed
;

(
c)
To
negotiate,
execute
and
carry
out
contracts
or
agreements
with
tribal,
foreign,
federal,
state,
and
local
governments,
private
persons,
or
corporate
bodies,
provided,
that
such
contracts
and
agreements
shall
not
be
valid
unless
and
until
approved
by
the
Tribal
Council
;

Ratified
by
Tribal
vote
April
12,1996
(
d)
To
manage,
administer
and
direct
the
operation
of
tribal
programs,
activities,
and
services
and
to
report
to
the
Tribal
Council
the
status
of
each
program
at
least
annually
;

(
e)
To
direct
the
preparation
of
budgets,
budget
estimates
and
financial
reports
for
submission
to
or
at
the
direction
of
the
Tribal
Council;

(
f)
To
assure
the
proper
receipt,
deposit,
disbursement,
and
accounting
of
all
funds
(
or
funds
under
control
of
The
Tribe)
consistent
with
this
Constitution
and
such
policies
as
may
be
established
by
the
Tribal
Council
;

(
g)
To
provide
for
the
protection
and
maintenance
of
the
property,
equipment,
and
official
records
of
The
Tribe
;

(
h)
To
provide
for
enforcement
of
the
rules,
regulations,
and
ordinances
enacted
by
the
Tribal
Council
;

(
i)
To
preside
over
the
meetings
of
the
Tribal
Council
;
and
(
j)
To
exercise
such
additional
powers
as
are
necessary
or
incidental
to
the
performance
of
the
powers
and
duties
enumerated
above
.

Section
4
.
In
the
absence
of
the
Chair,
it
shall
be
the
Vice­
Chair's
duty
and
responsibility
to
preside
over
the
Tribal
Council
meetings
.
The
Vice­
Chair
of
the
Tribal
Council
shall
assist
the
Chair
when
called
upon
to
do
so
and
shall
maintain
a
current
list
of
members
of
The
Mohegan
Tribe
.

Section
5
.
The
Recording
Secretary
shall
ensure
that
a
full
and
complete
record
of
all
transactions
of
the
Tribal
Council
and
Tribal
meetings
are
kept,
and
shall
submit.
promptly
to
the
Chair
all
copies
of
the
minutes,
resolutions
adopted,
and
ordinances
passed
at
all
meetings
of
the
Tribal
Council
.

Section
6
.
The
Corresponding
Secretary
shall
be
responsible
for
all
correspondence
issued
by
the
Tribal
Council,
and
shall
be
responsible
for
communicating
all
appropriate
information
from
the
Tribal
Council
to
other
members
of
The
Mohegan
Tribe
and/
or
to
the
Tribal
Administration
.

Ratified
by
Tribal
vote
14
April
12,
1996
Section
7
.
The
Treasurer
shall
cause
to
be
audited
all
tribal
funds
and
accounts
at
least
once
per
year,
and
at
such
other
times
as
requested
by
the
Tribal
Council
or
by
any
other
lawful
authority,
and
shall
be
the
custodian
of
the
liquid
assets
of
The
Mohegan
Tribe
.
Additionally
:

(
a)
Unless
otherwise
provided,
the
Treasurer
and
Chair
shall
sign
and
approve
all
disbursements
of
tribal
funds
or
grant
or
contract
funds
under
the
administrative
control
of
The
Tribe
.

(
b)
The
Treasurer
shall
be
included
in
the
membership
of
any
committee
established
by
the
Tribal
Council,
at
least
insofar
as
budgetary
and
financial
matters
are
concerned.

Section
8
.
The
Tribal
Council
may
authorize
the
formation
of
committees
to
carry
out
its
duties,
as
it
deems
necessary
and
proper
.
A
committee
of
the
Tribal
Council
shall
be
defined
as
a
body
of
one
or
more
persons
appointed
or
elected
by
the
Tribal
Council
to
consider
or
investigate
or
take
action
in
regards
to
those
matters
assigned
to
it
by
the
Tribal
Council
.
Tribal
Council
committees
are
subordinate
to
the
Tribal
Council,
who
shall
delegate
authority
to
each
committee
at
its
discretion,
and
who
shall
define
the
duties,
membership
and
quorum
for
each
committee
.

ARTICLE
X
­
POWERS
&
DUTIES
OF
THE
COUNCIL
OF
ELDERS
Section
1
.
All
judicial
review
powers
of
The
Mohegan
Tribe
not
exercised
by
the
Gaming
Disputes
Court
shall
be
vested
in
the
Council
of
Elders,
and
in
such
subordinate
commissions
and/
or
courts
as
the
Tribal
Council
may
from
time
to
time
ordain
and
establish.
The
Council
of
Elders
shall
exercise
its
judicial
review
powers
in
accordance
with
this
Constitution
and
the
laws
of
the
United
States
applicable
to
Indian
tribes,
provided
that
judicial
actions
taken
prior
to
the
effective
date
of
this
Constitution
shall
remain
in
effect
unless
and
until
changed
by
the
subsequent
action
of
the
Council
of
Elders
or
until
any
such
action
expires
of
its
own
terms
.

Section
2
.
The
powers
of
the
Council
of
Elders
shall
include
all
judicial
review
powers
reasonable
and
necessary
to
achieve
the
tribal
goals
recited
in
the
Preamble
hereof,

Ratified
by
Tribal
vote
i
s
April
12,
1996
and
shall
further
specifically
include,
but
not
be
limited
to,
the
following
powers
:

(
a)
To
rule
over
cases
and
controversies
arising
under
this
Constitution
and
arising
under
all
laws
of
The
Mohegan
Tribe
but
not
to
issue
advisory
opinions
or
decisions
in
cases
which
are
moot
;

(
b)
To
appoint
from
within
their
body
member(
s)
to
serve
in
the
capacity
of
"
Justice
of
the
Peace"
;

(
c)
To
provide
traditional
Mohegan
names
to
tribal
members
;

(
d)
To
appoint
and
define
all
religious
and
ceremonial
positions,
including
but
not
limited
to
the
Medicine
Person,
Chief
or
Sachem,
Pipe
Carrier,
Tribal
Historian,
Sagamores,
Nonners,
Fire
Keepers,
etc
.
;
the
persons
so
appointed
to
said
positions
shall
act
under
the
supervision
of,
and
subject
to
the
removal
by,
the
Council
of
Elders,
and
shall
fulfill
their
respective
duties
in
accordance
with
traditional
Mohegan
customs
and
traditions
;

(
e)
To
advise
the
Tribal
Council
in
all
matters
related
to
tribal
culture
;

(
f)
To
allocate
within
its
budget
the
amounts
deemed
necessary
for
the
advice
and
assistance
of
legal
counsel,
and
to
exercise
its
discretion
in
determining
when
to
seek
the
advice
and
assistance
of
said
counsel
;

(
g)
To
appropriate
available
tribal
funds
for
the
benefit
of
The
Tribe,
up
to
the
amount
allocated
by
the
Tribal
Council
in
the
annual
budget
of
the
Council
of
Elders
;

(
h)
To
establish
and
enforce
rules
of
tribal
custom,
consistent
with
applicable
federal
statutes
and
the
applicable
regulations
of
the
Secretary
of
the
Interior,
for
the
management
of
tribal
society,
including
but
not
limited
to,
the
conduct
of
tribal
ceremonies
and
rituals
;

(
i)
To
promote
and
protect
the
health,
peace,
morals,
and
general
welfare
of
The
Tribe
and
its
members,
and
to
establish
traditional
policies
regarding
education
of
tribal
members
;

Ratified
by
Tribal
vote
16
April
12,1996
(
j)
To
establish
and
enforce
ordinances
governing
tribal
membership
and
enrollment
;

(
k)
To
recommend
and
submit
for
a
vote,
as
it
deems
necessary
and
wise,
amendments
to
this
Constitution,
as
prescribed
in
Article
XVI
and
XVII
;
and
(
1)
To
entertain
recommendations
from
other
tribal
members
regarding
amendments
to
this
Constitution,
and
to
submit
said
recommendations
to
a
tribal
vote,
as
prescribed
in
Article
XVI
and
Article
XVII
.

Section
3
.
The
powers
and
duties
of
the
Chair
of
the
Council
of
Elders
shall
include,
but
not
be
limited
to,
the
following
powers
:

(
a)
To
carry
out
the
policies
established
by
the
Council
of
Elders
through
its
passage
of
any
ordinances
and
resolutions
necessary
or
incidental
to
the
exercise
of
any
of
the
powers
and
duties
enumerated
in
Article
X
above,
and
to
be
accountable
to
the
Council
of
Elders
to
see
that
said
policies
are
faithfully
executed
;

(
b)
To
manage,
administer
and
direct
the
operation
of
tribal
cultural
programs,
activities,
and
services
and
to
report
to
the
Tribal
Council
the
status
of
each
program
at
least
annually
;

(
c)
To
direct
the
preparation
of
budgets,
budget
estimates
and
financial
reports
for
submission
to
or
at
the
direction
of
the
Tribal
Council
;

(
d)
To
assure.
the
proper
receipt,
deposit,
disbursement,
and
accounting
of
all
funds
(
or
funds
under
control
of
The
Tribe)
consistent
with
this
Constitution
and
such
policies
as
may
be
established
by
the
Council
of
Elders
;

(
e)
To
provide
for
the
protection
and
maintenance
of
the
property,
equipment,
and
official
records
of
the
Council
of
Elders
;

(
f)
To
provide
for
enforcement
of
the
rules,
regulations,
and
ordinances
enacted
by
the
Council
of
Elders
;

Ratified
by
Tribal
vote
17
April
12,
1996
(
g)
To
preside
over
the
meetings
of
the
Council
of
Elders
;
and
(
h)
To
exercise
such
additional
powers
as
are
necessary
or
incidental
to
the
performance
of
the
powers
and
duties
enumerated
above
.

Section
4
.
In
the
absence
of
the
Chair,
it
shall
be
the
Vice­
Chair's
duty
and
responsibility
to
preside
over
the
meetings
of
the
Council
of
Elders
.
The
Vice­
Chair
of
the
Council
of
Elders
shall
also
assist
the
Chair
when
called
upon
to
do
so
.

Section
5
.
The
Council
of
Elders
may
authorize
the
formation
of
committees
to
carry
out
its
duties,
as
it
deems
necessary
and
proper
.
A
committee
of
the
Council
of
Elders
shall
be
defined
as
a
body
of
one
or
more
persons
appointed
or
elected
by
the
Elders
to
consider
or
investigate
or
take
action
in
regards
to
those
matters
assigned
to
it
by
the
Elders
.
Committees
of
the
Council
of
Elders
are
subordinate
to
the
Council
of
Elders,
who
shall
delegate
authority
to
each
committee
at
its
discretion,
and
who
shall
define
the
duties,
membership
and
quorum
for
each
committee
.

ARTICLE
XI
­
INDIVIDUAL
RIGHTS
OF
TRIBAL
MEMBERS
Section
1
.
The
Mohegan
Tribe,
in
exercising
its
powers
of
self­
government,
shall
make
no
law
inconsistent
with
The
Indian
Civil
Rights
Act
of
1968
(
25
U
.
S
.
C
.
§
§
1301­
1303
;
82
Stat
.
77),
which
requires
that
the
Tribe
not
:

(
a)
Make
or
enforce
any
law
prohibiting
the
free
exercise
of
religion,
or
abridging
the
freedom
of
speech,
or
of
the
press,
or
the
right
of
the
people
peaceably
to
assemble
and
to
petition
for
a
redress
of
grievances
;

(
b)
Violate
the
right
of
the
people
to
be
secure
in
their
persons,
houses,
papers,
and
effects
against
unreasonable
searches
and
seizures,
nor
issue
warrants,
but
upon
probable
cause,
supported
by
oath
or
affirmation,
and
particularly
describing
the
place
to
be
searched
and
the
person
or
thing
to
be
seized
;

(
c)
Subject
any
person
for
the
same
offense
to
be
twice
put
in
jeopardy
;

Ratified
by
Tribal
vote
.
18
April
12,1996
(
d)
Compel
any
person
in
any
criminal
case
to
be
a
witness
against
himself
;

(
e)
Take
any
private
property
for
a
public
use
without
just
compensation
;

(
f)
Deny
to
any
person
in
a
criminal
proceeding
the
right
to
a
speedy
and
public
trial,
to
be
informed
of
the
nature
and
cause
of
the
accusation,~
to
be
confronted
with
the
witnesses
against
him;
to
have
compulsory
process
for
obtaining
witnesses
in
his
favor;
and,
at
his
own
expense,
to
have
the
assistance
of
counsel
for
his
defense
;

(
g)
Require
excessive
bail,
impose
excessive
fines,
inflict
cruel
and
unusual
punishments,
and
in
no
event
impose
for
conviction
of
any
one
offense
any
penalty
or
punishment
greater
than
imprisonment
for
a
term
of
one
(
1)
year
or
a
fine
of
$
5,000
.00,
or
both
;

(
h)
Deny
to
any
person
within
its
jurisdiction
the
equal
protection
of
its
laws
or
deprive
any
person
of
liberty
or
property
without
the
process
of
law;

(
i)
Pass
any
bill
of
attainder
or
ex
post
facto
law;

(
j)
Deny
to
any
person
accused
of
any
offense
punishable
by
imprisonment,
the
right,
upon
request,
to
a
trial
by
jury
of
not
less
than
six
persons
;
or
(
k)
Prohibit
any
person
from
testing
the
legality
of
his
detention,
by
order
of
The
Mohegan
Tribal
Court,
by
petitioning
for
a
writ
of
habeas
corpus
in
a
court
of
the
United
States
.

Section
2
.
In
the
event
that
the
Indian
Civil
Rights
Act
of
1968
is
amended
in
the
future,
the
Tribal
Council
may,
through
legislative
action,
provide
that
said
amendment
shall
be
deemed
a
part
of
this
Constitution
without
the
need
to
adopt
formal
amendments
to
this
Constitution
.

ARTICLE
XII
­
RIGHT
TO
PETITION
Section
1
.
The
members
of
The
Tribe
reserve
to
themselves
the
power
to
propose
ordinances
and
resolutions
and
to
enact
or
reject
the
same
at
the
polls
independent
of
Ratified
by
Tribal
vote
19
April
12,
1996
the
Tribal
Council
upon
petition
of
thirty­
five
(
35)
of
the
registered
voters
within
seven
(
7)
days
of
such
action
.

Section
2
.
Forty
percent
(
40%)
of
the
registered
voters
shall
:

(
a)
have
the
right
by
petition
to
initiate
and
propose
amendments
to
this
Constitution
and
to
propose
ordinances
and
resolutions
;
and
(
b)
have
the
right
by
petition
to
force
the
conduct
of
a
referendum
on
any
subject
of
concern
to
the
members
of
The
Tribe,
excepting
the
question
of
recall
of
the
elected
tribal
officials
which
shall
be
governed
by
the
provisions
of
Article
VIII
.

Section
3
.
Upon
receipt
of
a
petition
for
an
initiative
or
referendum
election,
the
Tribal
Council
shall,
after
ascertaining
that
forty
percent
(
40%)
of
the
registered
voters
have
signed
the
petition,
cause
to
be
held
an
election
on
the
question
within
sixty
days
of
receipt
of
said
petition
.
.

Section
4
.
Any
measure
referred
to
the
tribal
members
by
initiative
or
by
referendum
shall
take
effect
and
be
in
force
when
approved
by
a
majority
of
the
votes
cast
in
such
election
.

Section
5
.
Referendum
or
initiative
petitions
filed
under
this
Article
shall
be
accompanied
by
a
cover
letter
bearing
the
notarized
signatures
of
at
least
three
sponsors
who
are
members
of
The
Tribe
and
who
are
registered
to
vote
in
tribal
elections,
and
filed
in
accordance
with
any
other
procedures
established
by
the
Tribal
Council
.

ARTICLE
XIII
­
TRIBAL
GAMING
AUTHORITY
AMENDMENT
Section
1
.
Creation
of
Gaming
Authority
.
All
governmental
and
proprietary
powers
of
The
Mohegan
Tribe
over
the
development,
construction,
operation,
promotion,
financing,
regulation
and
licensing
of
gaming,
and
any
associated
hotel,
associated
resort
or
associated
entertainment
facilities,
on
tribal
lands
(
collectively,
"
Gaming")
shall
be
exercised
by
the
Tribal
Gaming
Authority,
provided
that
such
powers
shall
be
within
the
scope
of
authority
delegated
by
the
Tribal
Council
to
the
Tribal
Gaming
Authority
under
the
ordinance
establishing
Ratified
by
Tribal
vote
20
April
12,1996
the
Tribal
Gaming
Authority.
Leases
and
other
encumbrances
granted
by
the
Tribal
Gaming
Authority
for
Gaming
development
and
financing
shall
be
deemed
to
be
for
governmental
purposes
and
may
be
for
periods
not
to
exceed
50
years
.
The
Tribal
Council
shall,
by
ordinance,
establish
the
Tribal
Gaming
Authority,
which
shall
oversee,
regulate,
prudently
hold
and
manage
all
of
the
Gaming
assets
of
The
Mohegan
Tribe
.
The
Tribal
Gaming
Authority
shall
have
the
power
to
grant
a
limited
waiver
of
sovereign
immunity
as
to
Gaming
matters,
to
contracts
relating
to
Gaming,
to
the
revenues
of
the
Tribal
Gaming
Authority,
to
the
assets
within
the
control
of
the
Tribal
Gaming
Authority,
and
as
otherwise
authorized
by
the
Tribal
Council,
but
shall
have
no
such
right
as
to
other
tribal
revenues,
assets
or
powers
.
Nothing
contained
in
this
Section
shall
limit
the
power
of
the
Tribal
Council
to
waive
the
sovereign
immunity
of
The
Mohegan
Tribe
as
to
Gaming
or
other
matters,
or
with
respect
to
other
tribal
revenues
or
assets
.
The
Tribal
Gaming
Authority
shall
have
the
power
to
enter
into
contractual
relationships
which
bind
The
Mohegan
Tribe,
provided
that
such
contracts
shall
be
within
the
scope
of
authority
delegated
by
the
Tribal
Council
to
the
Tribal
Gaming
Authority.
Contracts
of
the
Tribal
Gaming
Authority
shall
be
the
law
of
The
Mohegan
Tribe
and
shall
be
specifically
enforceable
in
accordance
with
their
terms
.
To
the
extent
that
tribal
law
does
not
otherwise
govern
a
dispute,
the
Gaming
Disputes
Court
may
apply
relevant
provisions
of
Connecticut
law.
The
Tribal
Gaming
Authority
shall
have
the
authority
to
submit
disputes
to
arbitration
.
The
Tribal
Gaming
Authority
shall
have
the
authority
to
stipulate
for
judgment
before
the
Gaming
Disputes
Court
created
by
Section
2
of
this
Article
.
Any
stipulation
for
judgment
made
by
the
Tribal
Gaming
Authority
shall
be
binding
on
The
Mohegan
Tribe,
the
Tribal
Gaming
Authority
and
upon
the
Gaming
Disputes
Court,
provided
that
such
stipulation
is
within
the
scope
of
authority
delegated
by
the
Tribal
Council
to
the
Tribal
Gaming
Authority
.
The
Gaming
Disputes
Court
shall
grant
the
relief
so
stipulated
upon
a
finding
that
all
conditions
for
granting
such
relief
expressly
set
forth
in
such
stipulation
have
been
met
.

Section
2
.
Creation
of
Gaming
Disputes
Court
.
The
Tribal
Council
shall
establish
by
ordinance,
the
Gaming
Disputes
Court,
which
shall
be
composed
of
a
Trial
Branch
and
an
Appellate
Branch
.
Exclusive
jurisdiction
for
the
Tribe
over
disputes
arising
out
of
or
in
connection
with
the
Gaming,
the
actions
of
the
Tribal
Gaming
Authority,
or
Ratified
by
Tribal
vote
21
April
12,
1996
contracts
entered
into
by
The
Mohegan
Tribe
or
the
Tribal
Gaming
Authority
in
connection
with
Gaming,
including
without
limitation,
disputes
arising
between
any
person
or
entity
and
the
Tribal
Gaming
Authority,
.
including
customers,
employees,
or
any
gaming
manager
operating
under
a
gaming
management
agreement
with
the
Tribal
Gaming
Authority,
or
any
person
or
entity
which
may
be
in
privity
with
such
persons
or
entities
as
to
Gaming
matters
shall
be
vested
in
the
Gaming
Disputes
Court
.
Notwithstanding
the
provisions
of
Article
X
of
this
Constitution,
the
Gaming
Disputes
Court
shall
also
have
exclusive
jurisdiction
to
determine
all
controversies
arising
under
this
Constitution
which
in
any
way
relate
to
Gaming
.

2
.1
Procedures
.
The
Gaming
Disputes
Court
shall
have
the
power
to
enact
reasonable
rules
of
procedure
.
The
Gaming
Disputes
Court
may,
in
its
discretion,
receive
evidence
and
adjudicate
controversy
de
novo
.
All
proceedings
of
the
Gaming
Disputes
Court
shall
be
conducted
in
the
state
of
Connecticut,
and
shall
be
open
to
the
public,
absent
a
finding
that
justice
otherwise
requires
.

2
.2
Remedies
.
Nothing
in
this
Article
XIII
shall
preclude
or
modify
the
effect
of
any
arbitration
mechanism
or
other
dispute
resolution
mechanism
in
any
agreement
otherwise
within
the
jurisdiction
of
the
Gaming
Disputes
Court
.
The
Gaming
Disputes
Court
shall
have
full
jurisdiction
and
authority
to
compel
arbitration,
to
enforce
any
arbitration
order
or
other
dispute
resolution
mechanism
provision
and
to
mandate
any
remedy
which
the
Gaming
Disputes
Court
finds
justice
may
require
.
All
findings
and
orders
of
the
Gaming
Disputes
Court
shall
be
in
writing
.
In
the
event
that
either
party
to
a
contract
which
provides
for
arbitration
seeks
an
order
from
the
Gaming
Disputes
Court
to
compel
such
arbitration,
the
Gaming
Disputes
Court
shall
not
review
the
merits
of
the
dispute,
but
shall
order
the
parties
to
arbitrate
;
all
questions
of
the
enforceability
of
the
agreement
to
arbitrate,
or
an
obligation
to
arbitrate
the
dispute
in
question,
being
for
the
arbitrators
to
decide
.

2
.3
Appointment
of
Judges
.
The
Tribal
Council
shall
appoint
the
Judges
of
the
Gaming
Disputes
Court
.
The
Tribal
Council
shall,
within
thirty
days
of
the
adoption
of
this
Article
XIII,
appoint
a
minimum
number
of
four
Judges
for
the
Gaming
Disputes
Court
.
At
any
time
said
number
of
judges
falls
below
four,
the
Tribal
Council
shall
within
Ratified
by
Tribal
vote
22
April
12,1996
thirty
days,
appoint
such
additional
judges
as
necessary
to
restore
the
minimum
number
to
four
judges
.
If
the
Tribal
Council
fails
to
restore
the
minimum
pool
of
four
within
said
thirty
days,
the
remaining
Judges
shall
appoint
the
judges
necessary
to
restore
the
number
to
four
judges
.
All
judges
shall
be
selected
from
a
publicly
available
list
of
eligible
retired
federal
judges
or
Connecticut
Attorney
Trial
Referees
duly
appointed
by
the
Chief
Justice
of
the
Connecticut
Supreme
Court
pursuant
to
Connecticut
General
Statute
§
52­
434(
a)(
4),
as
amended
from
time
to
time,
who
remain
licensed
and
qualified
to
practice
law
in
the
State
of
Connecticut,
each
of
whom
:

(
a)
Has
never
been
convicted
of
a
felony
or
any
gaming
offense
;

(
b)
Is
not
a
member
of
the
Tribal
Council,
or
a
relative
of
any
such
member
by
blood,
marriage,
or
operation
of
law;

(
c)
Is
of
sound
mind,
trustworthy,
and
of
good
moral
character;

(
d)
Is
able
to
determine
in
what
cases
he
or
she
will
be
disqualified
and
is
willing
to
disqualify
himself
or
herself
;

(
e)
Is
capable
of
carrying
out
the
duties
of
the
office,
including
staff
administration
and
supervision,
and
(
f)
Is
willing
to
commit,
upon
public
oath
of
affirmation,
to
uphold
this
Constitution
and
to
fairly
and
impartially
adjudicate
all
matters
before
the
Gaming
Disputes
Court
.

2
.4
Appeals
.
Appeals
from
any
decision
of
the
Trial
Branch
shall
be
heard
by
three
Judges
in
the
Appellate
Branch
.
Decisions
of
the
Appellate
Branch
shall
be
final
.
There
shall
be
no
further
right
of
appeal
within
the
Tribal
Court
.

2
.5
Compensation
.
Judges
of
the
Gaming
Disputes
Court
shall
be
compensated
by
the
Tribal
Council
in
amounts
appropriate
to
the
duties
and
responsibilities
of
the
office,
which
compensation
shall
not
be
diminished
during
a
judge's
continuation
in
office
.
The
Gaming
Disputes
Court
Ratified
by
Tribal
vote
23
April
12,
1996
shall
have
the
power
to
take
appropriate
action
to
enforce
this
subsection
.

2
.6
Recall
and
Discipline
.
After
appointment,
Judges
of
the
Gaming
Disputes
Court
shall
be
subject
to
discipline
and
removal
for
cause
pursuant
to
the
Rules
of
the
Court
.

Section
3
.
Amendments
.
Amendments
of
the
ordinances
establishing
the
Tribal
Gaming
Authority
and
the
Gaming
Disputes
Court
shall
require
the
vote
of
two­
thirds
of
the
members
of
the
Tribal
Council,
ratified
by
a
two­
thirds
majority
of
all
votes
cast,
with
at
least
40%
registered
voters
voting,
in
a
special
tribal
meeting
called
for
that
purpose
by
the
Tribal
Chair
.
Prior
to
the
enactment
of
any
such
amendment
by
the
Tribal
Council,
any
non­
tribal
party
shall
have
the
opportunity
to
seek
a
ruling
of
the
Appellate
Division
of
the
Gaming
Disputes
Court
that
the
proposed
amendment
would
constitute
an
impermissible
impairment
of
contract
.

Notwithstanding
the
provisions
of
Articles
XVI
and
XVII,
amendments
to
this
Article
XIII
shall
require
a
twothirds
majority
of
all
votes
cast,~
with
at
least
40%
registered
voters
voting,
in
a
special
election
called
for
that
purpose
by
the
Tribal
Chair
.
Prior
to
the
adoption
of
any
such
constitutional
amendment,
any
non­
tribal
party
shall
have
the
opportunity
to
seek
a
ruling
of
the
Appellate
Division
of
the
Gaming
Disputes
Court
that
the
proposed
amendment
would
constitute
an
impermissible
impairment
of
contract
.

Notwithstanding
any
other
provision
of
this
Constitution,
amendments
to
subsection
2
.3
of
Article
XIII
and
to
Article
XIV
shall
require
the
affirmative
vote
of
75W
of
all
registered
voters
of
The
Mohegan
Tribe
.

This
Section
3
shall
have
no
force
or
effect
during
any
period
in
which
no
indenture
or
other
contract
binding
on
The
Tribe
or
the
Tribal
Gaming
Authority
is
outstanding
or
in
effect
which
recites
that
it
is
entered
into
in
reliance
on
this
Section
3
.

Section
4
.
Indian
Civil
Rights
Act
.
Nothing
in
this
Article
XIII
or
any
other
provisions
of
this
Constitution,
or
any
other
provision
of
tribal
law
shall
foreclose
or
limit
any
right
any
person
may
otherwise
have
to
bring
an
action
in
a
court
of
competent
jurisdiction
to
protect
a
Ratified
by
Tribal
vote
24
April
12,
1996
right
or
seek
a
remedy
otherwise
available
pursuant
to
the
Indian
Civil
Rights
Act,
25
U
.
S
.
C
.
§
1301
et
seq
.

ARTICLE
XIV
­
NON­
IMPAIRMENT
OF
CONTRACTS
The
Tribe
shall
enact
no
law
impairing
the
obligations
of
contracts
entered
into
in
furtherance
of
development,
construction,
operation,
and
promotion
of
Gaming
on
tribal
lands
.
Neither
the
Tribal
Council
nor
any
committee,
agency,
board
or
other
official
body,
and
no
officer
or
official
of
The
Tribe
shall,
by
exercise
of
the
police
power
or
otherwise,
act
to
modify,
amend,
or
in
any
manner
impair
the
obligations
of
contracts
entered
into
by
the
Tribal
Council
or
the
Tribal
Gaming
Authority
or
other
parties
in
furtherance
of
the
financing,
development,
construction,
operation,
or
promotion
of
Gaming
on
tribal
lands
without
the
written
consent
of
the
non­
tribal
parties
to
such
contract
.
Any
such
action
or
attempted
action
shall
be
void
ab
initio
.
(
Const
.
Amd
.,
7­
15­
95)
.

ARTICLE
XV
­
REPEAL
AND
SAVINGS
CLAUSE
In
the
event
that
any
sentence,
paragraph,
section,
or
article
of
this
Constitution
is
subsequently
held
invalid
by
a
court
of
competent
jurisdiction,
the
remainder
of
this
Constitution
shall
remain
valid
and
in
full
force
and
effect
.
ARTICLE
XVI
­
ADOPTION
Except
as
provided
for
in
Article
XIII
and
Article
XIV,
this
Constitution
shall
take
effect
if
and
when
adopted
by
a
majority
of
all
votes
cast,
where
at
least
thirty
percent
(
30%)
of
the
registered
voters
of
The
Tribe
have
voted,
in
a
special
election
called
for
that
purpose
by
the
Tribal
Chair
.

ARTICLE
XVII
­
AMENDMENT
Except
as
provided
for
in
Article
XIII
and
Article
XIV,
this
Constitution
may
be
amended
in
the
same
manner
as
that
set
forth
in
Article
XVI,
provided
that
the
Chair
of
the
Tribal
Council
shall
call
an
election
to
amend
the
Constitution
as
requested
by
the
Council
of
Elders
.
Such
election
shall
be
called
by
the
Chair
of
the
Tribal
Council
within
forty­
five
(
45)
days
of
the
request
of
the
Council
Ratified
by
Tribal
vote
25
April
12,
1996
of
Elders
and
shall
be
completed
within
ninety
(
90)
days
of
the
request
of
the
Council
of
Elders
.9
'
Article
XVII
Amended
by
Tribal
Vote
September
6,
2003
Ratified
by
Tribal
vote
26
April
12,
1996
,
