Oklahoma tribal casino sums to be made public

Oklahoma City (AP) _ Documents showing how much money each tribes makes from certain casino games will be open to the public. <br/><br/>Scott Meacham, the state finance director, said he sought a legal

Saturday, March 26th 2005, 12:14 pm

By: News On 6

Oklahoma City (AP) _ Documents showing how much money each tribes makes from certain casino games will be open to the public.

Scott Meacham, the state finance director, said he sought a legal opinion last month, when the first dollars began pouring in from passage of State Question 712, whether he could release the amount paid to the state by each tribe.

Those figures help indicate how much tribes make from certain electronic gambling machines and table games such as poker and blackjack.

An assistant attorney general told Meacham on Friday that the payments are subject to the state's Open Records Act.

Meacham said no tribes have raised concerns about the issue since voters approved SQ 712, the racetrack casino measure that also expanded tribal gaming. Tribes only have to report revenue figures from games covered by that new law.

Meacham said he hasn't asked whether the Open Records Act covers similar payments for casino games at three pari-mutuel horse tracks.

Their payments could more reasonably be construed as taxes, so they may not be public, he said.

The total received by his office for February revenues was $304,352, all from table games at tribal casinos. Electronic games covered under the new law haven't been installed yet.

Meacham said the Cherokee Nation paid about $236,000 of the total.

Brian Foster, chairman of the Oklahoma Indian Gaming Association, objects to tribal revenue figures being made public.

``It's a sovereignty issue,'' said Foster, who also manages two Lucky Star casinos for the Cheyenne and Arapaho Tribes.

``I don't think any tribe wants their business public,'' he said.

Foster's concern isn't shared by every gaming tribe, however.

Bob Rabon, general counsel for the Choctaw Nation, said tribal officials always assumed casino revenue figures would be open to public inspection once the compacts took effect.

``That's how you arrive at what the (state) fees are,'' Rabon said. ``I don't think they would object to it.''

He said many tribes, including the Choctaws, may want to keep certain records private, such as the amount spent for casino advertising and public relations.

But as for casino profits, Rabon said, ``It just seems to me that ... it should be public information as to what the bottom line is, what number you use to arrive at the percentage to be paid to the state of Oklahoma.''

Rick Grellner, who represents several smaller tribes, noted that under the 1988 federal law covering Indian gaming, financial records are considered proprietary information.

During a congressional investigation almost a decade ago, federal regulators sided with the industry to keep those records private, Grellner said.