Evictions

Wildhorse Eviction Policy

TABLE OF CONTENTS

Section 1:        Purpose of Policy

Section 2:        Authority for Policy

Section 3:        Scope of Policy

Section 4:        Notice of Eviction

Section 5:        Basis for Eviction

Section 6:        Eviction Process

Section 7:        Appeals

Section 8:        Public Notice of Policy; Coordination with Law Enforcement

 

Section 1:        Purpose of Policy

The purposes of the Wildhorse Resort and Casino (Wildhorse) Policy on the Eviction of Patrons (Policy) are as follows:

a. to establish the basis and procedure for the removal of patrons from Wildhorse managed enterprises who present a threat to the safety of Wildhorse patrons and staff, who threaten damage to or theft of Wildhorse property, the property of Wildhorse patrons or who engage in criminal activity;

b. to provide guidance to Wildhorse security personnel in the performance of their duty to protect Wildhorse patrons, staff and assets in connection with the eviction process;

c. to ensure that written notice of the eviction is provided to the patron that clearly identifies the scope and term of the eviction, the factual basis for the eviction and the opportunity for the patron to appeal the basis for the eviction; and

d. to establish a process to permit the patron who has been evicted from Wildhorse to have their eviction reviewed and to present information that challenges the eviction.

Section 2:        Authority for Policy

This Wildhorse Policy is authorized by the following:

a. Section 6 of the Tribal-State Compact for the Regulation of Class III Gaming between the CTUIR and State of Oregon that provides that “maintaining the honesty, integrity, fairness and security of the Tribal Gaming Operation is essential,” that Wildhorse has “a responsibility to protect the citizens of this State who patronize [Wildhorse] from any breach of security” and that Wildhorse “shall work diligently and take all reasonably necessary affirmative steps to prevent cheating and theft, and to protect [Wildhorse] from the influence or control by any form of criminal activity…”;

b. Section IV of the Wildhorse Executive Management Policy that establishes the Wildhorse Chief Executive Officer position and its duties that includes management of Wildhorse in a manner that provides employment opportunities for the Tribal community, that maximizes Wildhorse revenues that support Tribal programs and services and that complies with applicable Federal and Tribal law as well as the Tribal-State Gaming Compact. The Wildhorse Executive Management Policy also provides that the Chief Executive Officer has day-to-day management and administration of Wildhorse operations including oversight supervision of Wildhorse enterprises to ensure they are developing and implementing work plans in compliance with applicable laws and Wildhorse policies and procedures; and

c. Section 4.02 of the CTUIR Gaming Code which requires the Wildhorse Casino to secure a Facility License that requires compliance with the Compact, applicable Federal and Tribal law and applicable public health and safety requirements.

d. Board of Trustees Resolution 21-____ (May 10,2021) which approved the provisions permitting an appeal to the Umatilla Tribal Court of a decision by the Wildhorse Chief Executive Officer upholding the permanent eviction of a patron from Wildhorse Properties as provided in Section 7.f. of this Policy.

Section 3:        Scope of Policy

This Wildhorse Policy shall apply to all Wildhorse managed and operated properties including the Wildhorse Casino, Hotel, restaurants and bars, Cineplex, Family Entertainment Center, Golf Course and RV park as well as the Arrowhead Travel Plaza, Mission Market, Hamley Steakhouse, Western Store and Café, Birch Creek Golf Course and Wildhorse shuttle buses hereinafter collectively referred to as (Wildhorse Property or Wildhorse Properties). 

Section 4:        Eviction Notice

A written Eviction Notice shall be provided to each patron who has been evicted from Wildhorse.  The Eviction Notice form is attached to this Policy as Exhibit 1.  The Eviction Notice shall contain the following information:

a. date of Eviction Notice;

b. name and address of patron that has been evicted;

c. the time period in which the eviction is in effect;

d. the Wildhorse Properties that the patron has been evicted from, provided that the eviction shall not preclude the patron from using a Kayak bus stop located on a Wildhorse Property;

e. the opportunity for the patron to request review of an eviction for 30 days or more and to present information or testimony that challenges the basis for, the term and the scope of the eviction from Wildhorse Properties; and

f. potential consequences for failing to comply with Eviction Notice that include:

    1. the patron may be arrested for criminal trespass in the event that they are found in Wildhorse Properties during the eviction period;
    2. any gaming prizes, winnings or jackpots occurring after the eviction period has commenced shall not be paid to the patron and will be forfeited; and
    3. in the event a patron subject to an Eviction Notice applicable to the Wildhorse Casino is found to be gaming in violation of the Eviction Notice, the patron shall be refunded the amount the patron has paid to win the chips or credits in the patron’s possession. The remainder or the net win over and above the refunded amount, shall not be paid to the patron.  The amount refunded to the patron shall not exceed the amount of the patron’s accumulated chips or credits.

Patrons are required to provide accurate address and contact information in the event a patron is issued an Eviction Notice under this Policy.  Wildhorse shall not be responsible for failing to provide patron with any revised Eviction Notice in the event that patron refuses to provide address or contact information, has no address or contact information or provides inaccurate address or contact information.  Patrons need to update their contact information with Wildhorse so that Wildhorse can notify the patron of any adjustment in the term or scope of their eviction or to inform the patron of the expiration of their eviction.

Section 5:        Basis for Wildhorse Eviction

Wildhorse may evict a patron for conduct that violates applicable laws, regulations or policies, threatens or causes harm to Wildhorse patrons or staff or damage to the property of Wildhorse or its patrons or staff, or disrupts Wildhorse operations.  Set forth below is a non-exclusive list of conduct that may result in eviction from Wildhorse:

a. Theft of cash tickets or VLT credits – referred to as silver mining- which is the collections of cash tickets of VLT credits belonging to another person;

b. Theft of cash or property of another by a patron;

c. Shoplifting – the removal of merchandise by a patron from a Wildhorse Property and not paying for the merchandise before leaving that Property;

d. Theft of services – when a patron orders, uses or consumes Wildhorse good or services without payment;

e. Vandalism or destruction of Wildhorse property, or the property of Wildhorse patrons or staff;

f. Violence – when a patron threatens or engages in violence against other patrons or Wildhorse staff. A patron shall not be subject to eviction in the event that their conduct was solely to defend themselves or others from the actual or threatened violence of another and the response was reasonable based on the violence threatened or occurring;

g. Disturbance/disruption of Wildhorse operations, patrons and/or staff. A patron may be evicted in the event their conduct disrupts Wildhorse operations and/or staff or disturbs fellow patrons in their enjoyment of Wildhorse Properties;

h. Illegal narcotics. A patron may be evicted for being in possession of, using, selling or manufacturing of illegal narcotics as defined under Federal or CTUIR law – which includes marijuana and all cannabis products;

i. Unlawful gambling. A patron may be evicted in the event that they engage in any gambling activity that violates applicable law or Wildhorse regulations, including gambling by persons under 21 years of age engaging in Class III gaming, or 18 years of age for Class II gaming, and persons who appear under age who engage in gaming, and  that person fails to present proof of age by a government issued card or document with a picture ID;

j. Soliciting – occurs when a patron or Wildhorse employee attempts or engages in the sale, trade or barter for goods or services without the prior written approval of Wildhorse management. Asking for money, rides, food, tobacco products or narcotics are also considered soliciting;

k. loitering – occurs when a patron enters or remains on Wildhorse Properties where the public is not permitted and the patron has no legitimate reason or prior permission from Wildhorse management;

l. Unattended minor. Any patron who is a parent or guardian of an unattended minor may be subject to eviction under the following circumstances:

  1. if the unattended minor is under the age of 21 and found in the Class III gaming area;
  2. if the unattended minor is under the age of 18 and found in the Class II gaming area; and
  3. if the unattended minor is under the age of 14 and found in any other area of a Wildhorse Property.

m. Unattended pets. Unattended pets are not permitted on Wildhorse Property.  All pets must be secured in a vehicle (with sufficient fresh air flow and water source) or in a Wildhorse hotel room (if authorized by Wildhorse hotel).  Pets shall not be left in a vehicle where outside temperature exceeds 70 degrees.  Pets outside of a vehicle or hotel room must be attended by a person 14 years of age of older and be leashed.  Aggressive or uncontrolled pets shall be removed from Wildhorse Property by its owner immediately, or upon an order of Wildhorse security.

n. Use of a fake identification. A patron may be evicted for using a fake identification for the purpose of obtaining alcohol or to engage in gaming.

o. Other grounds for eviction. In addition to the above referenced grounds for eviction from Wildhorse, a patron may be evicted for any conduct that:

  1. constitutes a crime under applicable law;
  2. constitutes or threatens an attempt of criminal activity;
  3. violates any applicable regulation or policy; or
  4. threatens the public health and safety of Wildhorse patrons, staff or operations.

Section 6:        Eviction Process

a. Upon receiving a report of, or observing, a patron’s conduct that forms the basis for an eviction, Wildhorse Security shall conduct any investigation needed to verify the offensive conduct and the perpetrator(s).  Surveillance video of the offensive conduct should be reviewed and preserved – if available.  A Security Report on the offensive conduct shall be prepared.  Security shall contact the Umatilla Tribal Police Department or other law enforcement agency, as appropriate, when the circumstances warrant.

b. The Security Supervisor on Shift shall ensure that a Security Report is prepared on each incident that may give rise to an eviction.  The report shall, at a minimum, identify the patron(s) involved, their contact information and the factual basis for finding that the patron(s) engage in activity that would support an eviction.

c. Wildhorse Review Committee.

  1. Composition. The Wildhorse Review Committee (Committee) shall be composed of the Casino General Manager, Security Director and Compliance Officer.  A Committee member shall delegate his/her Committee duties to a subordinate staff member when that Committee member has a conflict of interest or is unavailable to perform his/her duties under this Policy.  A Committee member shall have a conflict of interest if the person subject to an Eviction Notice is a member of the immediate family of the Committee member or resides in the Committee member household.  For purposes of this Policy, an immediate family member is considered to be a spouse (legal or domestic partner), parent, step-parent, parent in-law, child, step child, sibling, grandparent, or grandchild.
  2. Review of Eviction Notice. The Committee shall review each Eviction Notice involving an eviction of 30 days.  This review shall occur within 7 days of the date of the Eviction Notice.  The Committee shall act upon a recommendation from the Security Supervisor that the eviction term be extended beyond 30 days.  The Committee shall also be authorized to revise the term or scope of any Eviction Notice they review based upon their review of the file.  Any change in the term or scope of an eviction shall be set forth in a new Eviction Notice and immediately sent via registered mail to the address provided by the patron or by any other means available to provide such Eviction Notice to the patron based upon the contact information provided by the patron.

 

d. Eviction Determination. The Security Supervisor on Shift (Security Supervisor) shall be authorized to evict a patron as provided in this Policy.  Any eviction shall be subject to these terms:

  1. the Security Supervisor shall evict a patron using the Eviction Notice described in Section 3 of this Policy;
  2. absent extraordinary circumstances, the eviction should be limited to the Wildhorse Property where the offending conduct occurred. Any eviction that applies to other Wildhorse Properties must be supported by documentation that the patron’s conduct constitutes a threat to other Wildhorse Properties or patrons;
  3. the Security Supervisor shall be authorized to evict a patron a maximum of 30 days. The Security Supervisor may, in cases of serious or repeated unlawful conduct, recommend an eviction term of 90 days, 180 days, 1 year or permanent eviction, to the Committee who may extend the term based upon the recommendation and supporting documentation provided by the Security Supervisor.  The Committee shall meet and act upon the Security Supervisor recommendation within 7 days of the date of recommendation.
  4. there shall be a presumption against eviction in cases where the patron’s unlawful conduct is minor and where there is no record that the patron has previously engaged in unlawful conduct at Wildhorse.
  5. the Committee shall be authorized to review all evictions to determine if they are based on evidence and are applied fairly. The Committee may reduce or extend the eviction term.  In the event of any change in the eviction term by the Committee, a new Eviction Notice shall be sent to the patron.
  6. the factors the Security Supervisor and the Committee shall base their eviction determination on are as follows:
    • the severity of the patron’s unlawful conduct
    • the monetary value of the property that the patron damaged or stole
    • the extent of any physical injury that the patron inflicted or threatened
    • whether patron used a gun or other weapon
    • whether the patron was cooperative in the Wildhorse investigation of the incident
    • whether the patron was under the influence of alcohol or narcotics at the time of the incident
    • whether the patron suffered from physical or mental infirmity
    • whether the patron has engaged in the same or similar conduct in prior Wildhorse incidents
    • whether the patron has previously been, or is currently, evicted from a Wildhorse Property

e. Self-Eviction. Any person may file a Self-Eviction Form by which that person would be excluded from the Wildhorse Casino.  The person must state the basis for, and the term of, the requested exclusion.  The Self-Eviction Form may be requested from, and must be filed with Security.  A person subject to self-eviction shall not be paid any gaming prize, winnings or jackpot occurring after the commencement and during the term of the self-eviction period.  The Self-Eviction Form shall clearly state that once the self-eviction has been approved and goes into effect, the person subject to the Self-Eviction shall have no right to appeal or to rescind their self-eviction.

Section 7:        Appeals

a. Who can appeal? The following persons may appeal their Wildhorse eviction:

    1. Any patron who has received an Eviction Notice dated after the effective date of this Policy, but only for evictions 30 days or more; and
    2. Any patron who has been permanently evicted from Wildhorse prior to the effective date of this Policy.

b. Who will hear the appeal? The Wildhorse Review Committee shall hear and prepare a ruling on the appeal request, which ruling will be subject to approval by the Wildhorse Chief Executive Officer (CEO).

c. Filing an appeal. Any appeal of a Wildhorse eviction is subject to the following terms:

    1. The appeal must be filed in writing with the Wildhorse Review Committee c/o the Wildhorse Security Director;
    2. The appeal must be filed no later than 30 days after the date on the Eviction Notice, excepted patrons subject to a permanent eviction issued prior to the date of this Policy must be filed on or before July 1, 2021;
    3. Only the person that has received the Eviction Notice or who is subject to a Wildhorse eviction shall have the standing to file an appeal; and
    4. The appeal must set forth the factual and legal/policy basis for the appeal and the requested change in the term and/or scope of the eviction.

d. Burden of Proof. The evicted patron shall have the burden to prove that the term and/or scope of the eviction was not factually or legally justified.

e. Action on the appeal. The Committee shall be authorized to require the Security Supervisor to provide a written response to any appeal.  The Committee may act on the appeal with or without a formal hearing.  Any hearing on the appeal shall require at least 5 days’ notice to the patron and shall be subject to an informal rules of evidence and procedure.  The Committee shall prepare a written decision on the appeal, which shall be submitted to the CEO for approval.  The CEO’s appeal decision shall be in writing and a copy of the decision shall be provided to the patron and the Security Director.  The decision of the CEO is final as to any appeal of an eviction that is not a permanent eviction.  The decision of the CEO on an appeal of a permanent eviction shall be final unless the patron appeals to the Umatilla Tribal Court as provided herein.

f. Appeal to Umatilla Tribal Court. A CEO decision upholding a permanent eviction may be appealed to the Umatilla Tribal Court under the following terms:

  1. the appeal must be filed in writing with the Umatilla Tribal Court within 10 days of the CEO appeal decision upholding the patron’s permanent eviction from Wildhorse Properties;
  2. only the patron that has been permanently evicted may file the appeal;
  3. the appeal must set forth the factual and legal basis upon which the patron claims the CEO decision should be overturned;
  4. the patron will have the burden to prove that the permanent eviction was not supported by the facts and/or unlawful;
  5. Wildhorse shall have the opportunity to participate in the appeal;
  6. Umatilla Tribal Court shall provide deference to the factual findings made in the CEO decision that are supported by the record and will conduct a de Novo review of the application of applicable law and this Policy; and
  7. The sole remedy available to a patron in the appeal under this Policy shall be an order by the Court rescinding or revising the scope and term of the eviction. Monetary damages, attorneys’ fees or other remedies shall not be available under this appeal.

Section 8:        Public Notice of Policy; Coordination with Law Enforcement

a. Public notice of Policy. Wildhorse shall install appropriate signage at the entrance of Wildhorse Properties to inform patrons of the Wildhorse Eviction Policy and where it can be found on the Wildhorse website.  A complete copy of this Policy shall be posted on the Wildhorse website.

b. Wildhorse shall consult and coordinate with the Umatilla Tribal Police Department and appropriate state and county law enforcement officials on the implementation of this Policy.