What a fair gaming referendum and ordinance could look like

In 1994, when tribal leadership wanted the Lumbee people to truly decide on their constitution, they held the referendum during Homecoming — over several days — when thousands of members from across the country were already gathered in Pembroke. 8,233 members voted — more than 30% of eligible voters, the highest turnout in tribal constitutional history.

A referendum vote could be held during Homecoming, over multiple days, with absentee voting available to all eligible enrolled members (18 years of age or older) regardless of where they live.

The current amendment gives the Tribal Chairperson the power to nominate every member of both the gaming regulatory board and the gaming oversight board — confirmed by a council that voted 17-2 in the chairman's favor. That is not independent oversight. That is one person overseeing himself.

A fair gaming referendum and ordinance would let members vote on or elect gaming board and oversight board members directly — not simply the chairman's nominations confirmed by the tribal council. Board members should serve staggered terms so no single administration can replace everyone at once. At least a majority of board members must have no financial relationship with any gaming vendor, contractor or management company.

Independent oversight is the difference between a casino that serves the members and a casino that serves whoever controls it. Without elected oversight, there is no structural check on how gaming revenues are collected, allocated or reported.

The amendment must specify — in the constitution itself, not in a side ordinance that can be changed later — that gaming revenues must be directed first to:

• Healthcare for Lumbee members across all four counties
• Education — from early childhood through higher education
• Housing assistance for families living in poverty
• Infrastructure across Lumbee territories
• Elder care and services
• Economic development in Robeson, Hoke, Scotland and Cumberland Counties

All revenue distributions must be publicly reported annually and independently audited. No gaming revenue should flow to outside companies or consultants beyond capital investment returns and disclosed operating costs.

A side ordinance can be amended by a simple council majority at any time. Constitutional protection cannot. If gaming revenue obligations are not written into the constitution, there is no guarantee the money ever reaches the people who need it most.

Any land purchase above a set dollar threshold — for example $500,000 — must require tribal council approval by supermajority and public notification to tribal members before the purchase closes. No more Wyoming shell companies. No more $3.6 million profits to mystery entities. Every significant land acquisition gets a public record, a council vote, and member notification — before the money changes hands.

The concerning $6.8M land flip deal — $3.2 million to $6.8 million in days — happened without any public tribal council authorization vote and without any tribal member being informed. A better amendment makes this structurally impossible.

The amendment must include explicit constitutional language prohibiting the following people from having any financial interest in any gaming vendor, contractor, management company or land deal connected to tribal gaming, or an ethical conflict of interest from another government or financial interest:

• The Tribal Chairperson
• Any Tribal Council member
• Any gaming board or oversight board member
• Immediate family members of any of the above
• Any lobbyist or attorney retained by or connected to tribal gaming

The people who oversee gaming must have no financial stake in its outcome.

The power to govern gaming must always remain with the people — not permanently transferred to any individual, council or outside party.