GENE MICHAEL BURKE
Attorney at Law
Sherman Oaks, California 91411 * (818) 782-
7138; email: acaolz@r.postjobfree.com
November 4, 2013
Human Resources Department
AGUA CALIENTE TRIBE
Palm Springs, California
Re: General Counsel
Dear HR Director:
Enclosed please find my resume as application for the General Counsel
position with Agua Caliente Tribe in Palm Springs. I am an accomplished,
growth-oriented Indian Country attorney, and I would value the opportunity
to contribute to Agua's further growth and development.
My Native American experience includes serving as in house Tribal
Attorney for three California Tribes: the Hoopa Valley Tribe in Northern
California; the Bishop Paiute Tribe in the Eastern Sierras; and for the
Morongo Band/ Casino Morongo in Palm Springs. I served as the attorney for
the Tribes' administration, casinos and economic enterprises. My duties
included negotiating and drafting contracts, evaluating business deals, and
providing advice and analysis for tribal and business decisions.
I also provided legal support for Tribal administration. I worked
closely with department heads and staff on cultural, educational and
environmental issues facing the Tribes and their Reservations. I regularly
accompanied Council members to Native American economic, political and
educational conferences, or I attended such meetings as the Tribal
representative.
As an experienced in house attorney, I have set up legal departments
and super-vised staff and outside counsel. I am very computer literate. I
am also able to relocate and to work extended hours and to travel as job
duties require.
My attached resume highlights my accomplishments in greater detail.
Please contact me at my above phone or email, and I look forward to meeting
with you.
Sincerely yours,
GENE M. BURKE
GMB/qsm
GENE MICHAEL BURKE
Sherman Oaks, California 91411 * 818-***-****;
acaolz@r.postjobfree.com
OBJECTIVE: In House Tribal General Counsel
SUMMARY OF QUALIFICATIONS
Indian Country Attorney
I have had the honor of working in Indian Country over the past
several years, and I would like to contribute that experience to the growth
of Chukchansi. I formerly served as the in house Tribal Attorney for three
Tribes: Morongo Band of Mission Indians in the Palm Springs area; I served
as Tribal Attorney for the Bishop Paiute Tribe in the California Eastern
Sierras; and, most recently, I served as Tribal Attorney for the Hoopa
Valley Tribe in Northern California.
I was the first in house Tribal Attorney for the first two Tribes,
and my duties for all three were quite extensive. One of my primary
responsibilities was to sit in on Tribal and General Council meetings. My
role for the Councils was to provide legal advice; inform them of
developments in Indian Law; recommend effective means of handling
situations; and to assist in implementing Council decisions by taking
appropriate actions or drafting follow-up motions, letters, or ordinances.
I regularly accompanied Council members to Native American economic,
politi-cal and educational conferences, or I attended such meetings as the
Tribal representative.
I am an excellent writer and speaker, and I can present complex legal and
business concepts clearly and understandably.
Casino, Resorts and Hospitality Attorney
I am an experienced, growth-oriented, casino attorney and compliance
officer. My background includes serving as in house attorney for four
casinos. Three of these were in Indian Country: Casino Morongo in Palm
Springs; Bishop Paiute in Mammoth Lakes; and for the Hoopa Casino. I also
served as General Counsel for a table games casino in Los Angeles and for
an international travel company. I provided a wide variety of legal and
business services including advising the General Managers and department
heads; serving as compliance officer; negotiating vendor, finance and
marketing deals; resolving business and labor disputes and managing outside
counsel. My duties included advising on all contractual and legal aspects
of managing and operating the facilities. I either wrote or approved
contracts for the food and beverage departments; tenant leasing; and events
and entertainment providers.
Economic Development Accomplishments
A principal focus of my career, both in and out of Indian Country,
has been in the field of real estate and economic development. I have an
extensive record of negotiating and drafting substantial business,
commercial and real estate contracts. In the private sec-tor, I represented
several large real estate development companies. I negotiated many real
estate deals including land acquisitions, land use planning; and
appropriate zoning. I have also worked on all of the nuts and bolts aspects
of financing, developing, constructing and leasing investment properties.
My contributions in Indian country include advising both Tribes on
the various business aspects of their casinos. In addition, at Morongo, I
worked to build their new hotel and casino. I also advised their economic
enterprises which consisted of a large gas station, fast food restaurants,
and other holdings. I also negotiated the acquisition of additional land to
be put into Trust. At Bishop, we succeeded in building a new building on
the Reservation for the California DMV. I was a board member of the Bishop
Paiute Development Corporation and worked to plan more developments in the
future.
Lobbying and Government to Government Relations
Another important aspect of my work in Indian Country has been to
improve Government to Government relations. Towards this end, I drafted
many protocols designed to improve relations between the Tribes and outside
governmental agencies, utilities and departments. I worked regularly with
such agencies as the BIA, FEMA and local energy and utility providers.
Moreover, I represented the Tribes in both Sacramento and Washington,
meeting with elected federal and state representatives. I monitored pending
legislation and worked closely with Tribal lobbyists to ensure favorable
legislative outcomes to the Tribes' interests.
Law Office Management and Supervisory Experience
I would also like to note that I have a strong background in law
office manage-ment and supervision. I have set up and administered the in
house legal departments for several companies, including those for Morongo
and Bishop Paiute. This involved budgeting, planning, staffing, furnishing
and computerizing the legal operations from scratch. I have supervised
legal, administrative and property management staff. I have retained,
supervised and audited outside counsel. I know how to run meetings, and I
know how to encourage the professional development of those under me. I am
very computer literate.
Were I selected for this position, I would, of course, relocate. I am
also able to travel as job duties may require. I am licensed to appear in
all Federal and State Courts in California and the United States Supreme
Court.
Advisor to Tribal Administration
I work well with all levels of the Tribal community, and I played an
increasingly comprehensive role in Tribal affairs. I was a valued advisor
to Council members, senior administrators, and Tribal members. I provided
practical legal support to housing, ICWA, enrollment and HR departments in
formulating policies, achieving objectives and resolv-ing disputes. I
helped the Bishop TERO Commission rewrite and update their ordinance. I
served as an advisor to the Morongo Planning Department, and I was a board
member of the Bishop Paiute Development Corporation. I represented the
Tribes in federal and state litigation, and I was entrusted in business and
legal relations with protecting Tribal sovereign immunity and resolving
disputes in the Tribe's favor. I conducted fact investi-gations, and I
served as a hearing officer for judicial cases in lieu of a Tribal Court.
On cultural and environmental matters, I worked doggedly to protect
Tribal natural resources, especially water rights. At Morongo, this
involved negotiating the building of a new water bottling plant utilizing
Tribal water rights; At Bishop and Hoopa, I worked steadfastly to protect
the Tribe's continued rights to the amounts and flows of water coming
across the Reservation from the Sierras and the rivers, respectively.
1. CONTRACTS NEGOTIATING AND DRAFTING EXPERIENCE
I have extensive contract drafting and negotiating experience
in a wide variety of business settings. My achievements were
notable and included:
. Vendor and supplier agreements for an endless variety of items
including parts, food stuffs, business items, construction
materials, water and water rights, fuels, transportation items,
and rights of way. I've conducted all required contract-related
due diligence.
. Name usage, product licensing and distribution agreements;
. I have negotiated the terms and written the contracts for many
company acquisitions;
. I have set up and maintained necessary subsidiary business
entities;
. I have achieved international contracts for export items and for
permission for clients to do business in or pass through foreign
countries and travel ways;
. I've successfully negotiated the resolution of many business
disputes;
. Serving as liaison to government to lobby officials and to
monitor legislation;
. I have negotiated a large number of real estate transactions
which have included purchase and sale agreements; land and
building leases; construction projects, including hotel and
casino expansions; and related financing and funding agreements;
. I have drafted numerous RFPs, NDAs and standard company
contracts and leases;
. Finally, I have negotiated a large number of professional
services contracts.
GENE MICHAEL BURKE
Attorney at Law
Sherman Oaks, California 91411 * (818) 782-
7138; email: acaolz@r.postjobfree.com
EXPERIENCE
LAW OFFICES OF DALE C. FRAILEY
2012 - Present
Contract attorney for litigation firm handling all aspects of civil
litigation from pleading, discovery, law and motion, through trial
preparation, arbitrations and trials.
HOOPA VALLEY TRIBE
2011
I served as Tribal Attorney for the Hoopa Tribe advising their
Administration, Kimaw Medical Clinic, enterprises and assisting in their
natural resource development issues.
NORMANDIE CASINO
2009 - 2010
General Counsel and Chief Compliance Officer for California table
games casino. Serve as senior advisor and compliance officer for the casino
and all of its departments. Handle all of the contract negotiating and
drafting; company litigation and insurance claims; interactions with
government and political offices; provide day to day legal ad-vice and
support to all casino departments; advise the ownership and maintain
corporate records; serve as company spokesman for legislative issues and
initiatives; assist marketing in obtaining new business.
BISHOP PAIUTE TRIBE
2006 - 2009
I have served as Tribal attorney to a Native American tribe,
representing them in their state and federal court cases and assisting in
the development of business and real estate economic diversification
programs and projects. I set up the in house legal depart-ment and acted as
the primary legal adviser to Tribal Council, administration and depart-
ments.
HANSA INVESTMENT
2004 - 2006
In house counsel for large real estate investment company. I
litigated numerous premises liability and personal injury cases brought
against the various properties. I also worked on acquiring properties, and
negotiating loan defeasances, refinancing and new loan packages for further
investments.
UNIWORLD GLOBAL, INC.
October, 2002 - 2004
I served as Vice President for an international river tour and cruise
company. My duties included managing the company's real estate holdings and
developments. I assisted senior management in negotiating the acquisition
of other travel companies, and I negotiated and drafted a software
development contract. I also worked with our European and Asian offices to
expand international operations and tours.
CASINO MORONGO; THE MORONGO BAND OF MISSION INDIANS
2000 - 2002
I served as in house Tribal Attorney for a local Indian tribe in the
Palm Springs area involved in building upon its success in the gaming
industry by pursuing real estate and economic development throughout the
remainder of its reservation. I worked building and planning the design and
construction of a new casino-hotel, retail complex. I also worked on
building a new administrative and professional Tribal Hall. These
transactions involved working with architects, construction companies, and
other administrative and professional vendors. I purchased substantial
acreage for the tribe to increase its holdings. I worked on the formation
of a tribal REIT for off reservations investments. I served as the
principal legal and business adviser to the governing Tribal Council and
the Planning and Development Department. I met with federal, state and
local officials to obtain government support for the tribe's real estate
developments.
THE HELLEN GROUP
1997 - 2000
I served as Vice President for an international real estate and
business development company. The company owned and operated a large number
of office buildings, "big box" shopping centers and other real estate
developments throughout Southern California, Europe, Israel and Australia.
I negotiated numerous leases and handled all aspects of a large number of
real estate purchase and sale transactions. I handled all of the due
diligence functions including required environmental studies. I worked on
the architectural and construction aspects of renovating former urban
office buildings into useable rental complexes. I joined in conducting the
risk analysis for the properties and in negotiating insurance coverages. I
was the company liaison with local and state officials on political issues
and economic development.
AMERICAN CITY FUND
1994 - 1997
I was the Vice President for a real estate development and
construction company. The company owned, managed and developed office
buildings and other smaller commercial retail outlets in the greater Los
Angeles area. My duties included supervising property management personnel,
negotiating leases and building purchases, and obtaining financing for the
deals.
SHAMMAS INVESTMENT CORPORATION
1990 - 1993
Vice President for a downtown Los Angeles based retail business and
real estate development company. The company owned and operated numerous
car dealerships, and it developed office buildings and commercial
businesses in the Staples Center/ Los Angeles Convention Center areas.
APARTMENT ASSOCIATION OF GREATER LOS ANGELES
1986 - 1990
I was the Director of Legal Affairs for a large real estate apartment
owner trade association. I assisted the members with programs, and worked
on the local and state levels for favorable legislation and court rulings.
I advised individual property owners on the most effective strategies for
managing, purchasing and selling their real property holdings. I also set
up numerous legal seminar panels at the annual trade show and other venues
on topical legal and business matters, and I moderated and or served as a
principal speaker at them.
FARMER'S INSURANCE GROUP
1980-1985
I worked as a claims adjuster negotiating property damage and bodily
injury settlements.
MEMBERSHIPS
California Bar Association; Bar of the United States Supreme Court;
California Bar International and Real Property Sections; Los Angeles
Bar Association; Real Property and International Law Sections; Foreign
Trade Association; World Affairs Council; Los Angeles Conservancy;
Urban Land Institute; Judge Pro Tem, Los Angeles Superior Court
EDUCATION
DUQUESNE UNIVERSITY, Pittsburgh, Pennsylvania, B.A. Political Science
UNIVERSITY OF LAVERNE COLLEGE OF LAW, Los Angeles, J.D.
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REFERENCE LIST
for
GENE M. BURKE
TERI CAWELTI
Secretary/Treasurer
BISHOP PAIUTE TRIBE AND DEVELOP. CORP.
52 Tu Su Lane
Bishop, California 93514
Email: acaolz@r.postjobfree.com
Ms Cawelti and I worked together at the Bishop Paiute Development
Corporation where I advised the Board on legal and business issues.
DANNY JORDAN
Self Governance Coordinator
HOOPA VALLEY TRIBE
P.O. BOX 1348
Hoopa, California 95548
Email: acaolz@r.postjobfree.com
Mr. Jordan and I worked together at Hoopa Valley on natural resources and
fishing issues, Tribal ordinances and economic development projects.
TOM MARTORANO
President
VALLEY TRAVEL CLUB
Saticoy Street
Van Nuys, California 9140
I served as Mr. Martorano's attorney about 10 years ago, and
I have been his attorney and friend ever since.
TOM SCHLOSSER
Attorney at Law
MORRISSET, SCHLOSSER
801 Second Avenue
Seattle, Washington 98104
Email: acaolz@r.postjobfree.com
Mr. Schlosser is the long time outside counsel for Hoopa Valley, and
I worked with him when I served as their in house Tribal Attorney.