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Gov. Schwarzenegger Signs Compact with the Habematolel Pomo of Upper Lake

Posted by admin on Sep 13th, 2009 | no comments home title

Courtesy of CA Governors office:

Governor Arnold Schwarzenegger today announced the signing of a compact with the Habematolel Pomo of Upper Lake, located in Lake County. The compact follows a similar blueprint of the compacts Governor Schwarzenegger has previously negotiated in that it provides important benefits to the state, protects both employees and patrons and provides for environmental protections.

“I am pleased we were able to reach an agreement with the Habematolel Pomo of Upper Lake that benefits the members of the tribe as well as the local community and the state,” said Governor Schwarzenegger.

The compact will run through December 21, 2030 and allow a maximum of 750 slot machines at one gaming facility. Under the terms of the compact, the tribe will share 15 percent of annual net win revenues with the state.

The non-monetary aspects of the compact are similar to recent compacts signed by the Governor and reflect the Governor’s priorities. Other provisions of the compact include but are not limited to:

Patron protections: the tribe agrees to binding arbitration before a retired judge for disputes over patron injuries and gambling.
Environmental protections: the tribe must prepare an environmental impact report and negotiate mitigation of any off-reservation impacts with the County.
Employee protections: the tribe has granted employees the right to collectively bargain. The tribe has agreed to participate in the state’s worker’s compensation system and unemployment insurance program, to comply with federal and state occupational health and safety standards and to consent to the jurisdiction of the state agencies and courts enforcing all of those standards. The tribe also has agreed to enhanced employment discrimination provisions.
Revenue Sharing Trust Fund (RSTF): the tribe agrees to pay into RSTF when it operates over 349 slot machines.
Enhanced audit and compliance review procedures.
State inspection of slot machines.
Minimum internal control standards (MICS): The tribe must adopt and comply with standards that meet or exceed the federal National Indian Gaming Commission standards. The MICS are incorporated into the compact as an appendix, which shall be updated periodically by the California Gambling Control Commission and Tribal Gaming Agency, to ensure the MICS keep up with changing technology and industry standards.
The casino must meet or exceed the California Building Code and Public Safety Code as applicable to Lake County.
Problem gambling: the tribe must train supervisors and floor employees on identifying and managing problem gambling, include a responsible gaming message in advertising, provide signage and education materials at conspicuous locations aimed at preventing problem gambling and adopt a code of conduct derived from the American Gaming Association’s code.
Labor provisions: if the tribe employs 250 or more persons in a tribal casino facility, then the provisions of the Tribal Labor Relations Ordinance (TLRO) become effective. TLRO provides for a secret ballot election.

To view the compact and related appendix please visit:

http://gov.ca.gov/pdf/press/2009UpperLakeCompactFinal.pdf

http://gov.ca.gov/pdf/press/2009UpperLakeCompactAppendixA.pdf