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A key court decision, a switch in governors and changing casino economics mean that tribal payments to the state’s general fund – which totaled $241 million last year – are beginning to. Tribal casinos contributed $31.7m to the Arizona Benefits Fund during the most recent quarter, which was the second quarter of fiscal year 2021. According to the Arizona Department of Gaming, the tribal gaming contribution was up 8.7% from Q2 of fiscal year 2020 despite restrictions related to the coronavirus pandemic. The Tribal-State Class III Gaming Compacts and related consent judgments establish requirements for calculating and disbursing revenue sharing payments. Payments based on the net win from all Class III electronic games of chance at each casino are remitted on a semiannual or annual basis. Many tribes are providing support to their tribal businesses, including casinos, using their Coronavirus Relief Funds (CRF) received from the Department of the Treasury (Treasury). Below we explore audit requirements related to these funds your tribal businesses might need to consider.
Friday, October 16, 2020
By Camille von Kaenel / inewsource, Jennifer Bowman / inewsource
Photo by Zoë Meyers / inewsource
Above: Two visitors wear face shields and masks while at a card table at the Sycuan Casino in East County, Aug. 14, 2020.
As many businesses remained under orders to stay closed during the coronavirus pandemic, tribes in San Diego County bucked recommendations from outside leaders and reopened their casinos with measures designed to limit the spread of illness.
It’s unclear if the gamble paid off.
Aired 10/16/20 on KPBS News
Listen to this story by Camille Von Kaenel of iNewsource.
Public health officials have confirmed that more than 300 of the county’s residents who contracted COVID-19 reported visiting a casino shortly before testing positive.
But the county won’t disclose whether any community outbreaks occurred at local casinos because they’re on tribal lands. The tribal governments have released little information and aren’t subject to federal and state disclosure laws as sovereign entities.
That means local outbreaks potentially are being left out of a metric the county considers in reopening decisions. Already, San Diego fails to stay under the threshold for outbreaks set by public health officials.
The casinos began reopening in May with new cleaning, social distancing and face covering policies, but some of their employees have raised concerns.
In late August, the federal Occupational Safety and Health Administration launched an investigation into Harrah’s Resort Southern California in Valley Center following a complaint. The case remains open and no further public details are available.
The casino also is involved in a lawsuit brought by its former general manager, who says he was so concerned about health risks from reopening that he had no choice but to quit.
Over the past two months, inewsource visited seven of the county’s nine tribal casinos. At each establishment, workers used handheld devices, thermal cameras or body scanners to check body temperatures of people entering the casinos.
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Some casinos have disabled every other slot machine to enforce social distancing and have shut down some table games. Attendants at table games that remain open wear protective gear, and some casinos have installed plexiglass barriers.
Many, but not all, indoor restaurants and food courts have fully reopened. Guests are allowed to pull down their face coverings when drinking, eating or smoking.
Each business had varying levels of enforcement and open activities. Pala Casino Spa Resort in North County, for example, has reduced its transportation program but continues to bus in guests from throughout Southern California. Online it’s selling tickets to concerts.
Employees at three of the county’s casinos said the new protocols aren’t always followed. inewsource agreed not to name them because they feared losing their jobs.
Mask policies are difficult to enforce with guests, they said, and crowds can form around table games and slot machines despite social distancing efforts. Some said their management isn’t providing them any information about cases linked to their workplace.
One employee at the Sycuan Casino Resort in East County said she prays for her health before each shift.
“I cannot just let my job go because I’m scared,” she said. “I’m scared, but I’m there. I need the money. If I don’t have the job, I can’t afford my house. Then I’ll be living on the streets with my kids.”
With the exception of Sycuan, casino officials declined to comment for this story, did not respond or referred a reporter to safety policies posted online. In a May 8 letter to Gov. Gavin Newsom, county Supervisor Greg Cox and other officials, eight of the gaming tribes explained their decision to reopen, saying they believed they could ensure the well being of guests and employees and scale back if needed.
They also reminded the officials that the casinos are a “lifeline” for funding essential tribal government operations including police, fire, healthcare, education, housing and environmental protections.
Juggling economic, safety concerns
In mid-August, when an inewsource reporter was invited to tour Sycuan with a casino official, once-furloughed employees rehired as “safety agents” walked the floor reminding guests to cover their faces and provided a mask if they didn’t have one.
Most complied. One maskless woman waved the offer away and kept walking, despite prodding.
It was the first day of a new self-imposed rule requiring robust masks following research suggesting bandanas, gaiters and coverings with valves were less effective at limiting the spread of coronavirus respiratory droplets. The Barona, Viejas and Valley View casinos have adopted similar policies.
Eddie Ilko, Sycuan’s safety manager, said the mask policies have been a “learning curve” for guests and employees. He said the casino has worked with tribal regulatory officials and leaders to adapt as the pandemic continues.
Ilko said he feels safe on the casino floor because of the measures.
“We're safer because a lot of the history Indian Country has had, so we've had to be above and beyond whatever the local and state regulations are,” he said.
Some of the casinos have posted online that they are hiring. In their letter to Newsom and other officials about reopening, the casinos said they support “tens of thousands” of San Diegans economically.
Tribal casinos generated $4.4 billion in direct and indirect economic spending in Southern California in 2014, according to the latest available report from the California Nations Indian Gaming Association. They directly employed 24,100 people.
The casinos’ financial losses from the roughly two months they were closed when Newsom ordered businesses to shut down aren’t publicly known.
But in California, preliminary figures show employment by gambling industries dropped 41% in the state from March through August. Employment by Indian tribes, including at casinos they manage directly, dropped by 14% during the same period.
Since the casinos reopened, county public health officials say 112 employees and 196 patrons
with confirmed COVID-19 diagnoses visited a local casino within 14 days of their illness. The 308 cases are as of Oct. 5 and include three people who died.
Ninety-one of the cases have been reported since Sept. 1.
County public health officials stress that a person’s presence at a casino during the potential exposure period does not mean that’s where they got the virus. Officials also haven’t made any definitive connections between a casino employee and a patron, county spokesperson Sarah Sweeney said.
Whether any of the cases amounted to a community outbreak is unknown.
Throughout the county, public health officials have identified 47 community outbreaks in the past week, with 17 of them reported on Wednesday. Since March 25, the county has recorded 406 outbreaks.
The state defines an outbreak at a workplace as three or more probable or confirmed COVID-19 cases that are linked but from different households. Outbreaks are one of 13 metrics local public health officials consider when setting reopening policies, along with case rates, hospitalizations, contact tracing and other factors.
County officials have generally refused to name any specific business or location when identifying community outbreaks, instead providing a running total and grouping them into categories such as restaurants, grocery stores and private residences. The Voice of San Diego, KPBS and The San Diego Union-Tribune have sued for the information.
In addition to excluding outbreaks on tribal lands, the county also excludes those on military land.
Even without counting any community outbreaks at casinos, the county for months has exceeded the threshold local public health officials set. They have said they could take action if more than seven new outbreaks occur within a week, regardless of other state metrics.
Despite consistently failing to meet the outbreak metric, the county hasn’t scaled back reopening even as the number of community outbreaks spike. Officials instead are relying on what the state weighs in its criteria: case rate and test positivity.
Casino employees get few COVID-19 details
Casinos have varied in their decisions to share COVID-19 case numbers with workers.
Sycuan employees told inewsource they regularly receive reports about personnel who have tested positive and how many have recovered and returned to work. But employees at Harrah’s said they haven’t received any official communications and have only learned about possible cases through word of mouth or if a supervisor told them they had come into contact with someone who tested positive.
A Harrah’s worker said he spoke with his wife about how they would quarantine away from each other in case he contracted the virus after working a busy Labor Day weekend.
“It’s not the kind of thing where I feel like I’m in immediate danger, but I definitely feel like my health has been compromised,” he said.
Tribes are generally protective of their data, including during the pandemic, said Vanesscia Cresci, research and public health director at the California Rural Indian Health Board.
She said she knows tribal members in other areas of the country who have received racist backlash from surrounding communities after their COVID-19 cases were publicized.
“We don't publicly report it either because we are also very respectful of tribal sovereignty, and if they choose to report it that's up to them,” Cresci said.
In response to the pandemic, the county has signed memorandums of understanding with three of the region’s 17 tribal governments: Rincon Band of Luiseño Indians, Pala Band of Mission Indians and Viejas Band of Kumeyaay Indians.
The three tribes and the county agreed to share information about infectious diseases and outbreaks. The agreements also name a public health officer for each tribe, one of whom is a fire chief, another a risk management director and another a tribal chairman.
A county spokesperson said officials expect to finalize agreements with all of the tribes.
inewsource is an independent investigative journalism organization embedded in the KPBS newsroom. It is a nonprofit 501(c)3 supported by foundations, philanthropists and its own separate membership base.
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WIGA COVID-19 Communications
November 18, 2020
As Cases Spike in Washington, Tribes Take Further Actions to Respond to the Coronavirus Crisis
The Washington Indian Gaming Association wants everyone to understand the careful precautions tribes are taking to protect health at tribal casinos. Tribal governments have been working on the frontlines of the coronavirus crisis, safeguarding highly vulnerable tribal members and neighboring communities.
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CDC data shows that Native American populations are at an alarmingly high risk of having severe outcomes COVID-19. Tribal governments take these risks extremely seriously and are continuing to adapt their practices to protect public health.
‘Tribal leaders are alarmed by this latest surge in the virus and are making difficult decisions to protect public health,’ said W. Ron Allen, ‘We continue to be advised by our healthcare experts and follow the latest data and science to guide our decisions. Ultimately, each sovereign tribal government will determine how to best protect their community consistent with the Governor’s goals.’
Currently, all tribal casinos in Washington are operating at reduced capacity and with strict coronavirus prevention protocols. Tribal governments rely on casino revenue to generate vital funds for basic government services such as health care, education, elder programs, infrastructure and human services. Casino revenue also funds services necessary to address the COVID-19 virus.
Tribes made the painstaking decisions to close casinos and many other business enterprises in March, but most reopened during the summer after carefully considering local circumstances and needs. Since July, tribes have successfully implemented strict safety measures to protect employees, guests and nearby communities.
While coronavirus cases may be surging in Washington, there have been no major outbreaks linked to tribal casinos in the state.
Specific steps will vary by facility/tribe, but measures being taken by tribes include:
- Further limitations on the number of guests to support physical distancing,
- Mask mandates,
- Additional cleaning and disinfecting protocols,
- Enhanced ventilation and air purification,
- Modifying dining operations and encouraging takeaway service,
- Indoor smoking bans,
- Employee testing,
- Temperature checks, and
- Additional physical changes to facilities to support social distancing and safety.
Tribal Casino Funds 2020
Tribes will continue to monitor the situation and adapt their practices appropriately to protect health, the economy, jobs and communities.
Since this is a rapidly changing situation with unique circumstances for each community, it is best to reach out to individual tribes to learn more. A listing of tribal resources follows.
Tribal Casino Funds List
See below for information on the following tribal casinos:
Federal Resources
Washington State COVID-19 Updates
Governor Inslee’s Tribal Lands/Essential Activity Guidance Letter – Tribal Lands Guidance Letter