[History: Tribal Act #88-620, enacted by Tribal Council on
May 18, 1988; Tribal Act #91-922, enacted by Tribal Council on May
21, 1991.]
(a) The Grand Traverse Band of Ottawa and Chippewa Indians specifies
that its law enforcement officers who meet the Tribe's requirements
for carrying firearms shall carry revolvers of .357 Magnum caliber,
with ammunition being any standard factory-produced ammunition generally
recognized as suitable for law enforcement purposes in either .357
Magnum caliber or .38 caliber EXCEPT that under no circumstances may
officers use "KTW" or other ammunition designed to pierce body armor.
(b) The Grand Traverse Band of Ottawa and Chippewa Indians specifies
that its law enforcement officers who meet the Tribe's requirements
for carrying firearms shall be allowed to carry 9mm, 40 and/or 45
semi-automatic, with ammunition being any standard factory-produced
ammunition generally recognized as suitable for law enforcement purposes
in either 9mm, 40 and/or 45 semi-automatic except that under no circumstances
may Officers use "KTW" or other ammunition designed to pierce body
armor.
[History: March 19, 1997 Deputization Agreement between the
Grand Traverse Band of Ottawa and Chippewa Indians and the Sheriff
of Leelanau County.]
(a) Definitions. As used in this Agreement:
(1)
"L.C.S.D." means Leelanau County Sheriff's Department.
(2)
"Tribe" means The Grand Traverse Band of Ottawa and Chippewa
Indians.
(3)
"County" means Leelanau County.
(4)
"M.L.E.O.T.C." means Michigan Law Enforcement Officers Training
Council.
(5)
"Qualified Officer" means M.L.E.O.T.C. Certified.
(6)
"Primary Area" means land within the area bound by Grand Traverse
Bay on the east, Putnam Road on the north to Pobuda Road to N. Jacobson
Road (Hwy. 633) on the west, and McKeese/Stallman Road on the south
[see map attached to the March 19, 1997 Deputization Agreement between
the Grand Traverse Band of Ottawa and Chippewa Indians and the Sheriff
of Leelanau County].
(b) Leelanau County Sheriff. The GTB Tribal Police officers are hereby
deputized by the Leelanau County Sheriff to make non-Indian criminal
arrests in the primary area. The GTB Tribal Police officers are deputized
to issue civil infractions on the state and county roadways described
in the primary area subject to the following:
(1)
Non-Indians shall be cited into state court,
(2)
Indians shall be cited into GTB Tribal Court, and
(3)
All civil infraction tickets issued by the GTB Tribal Police
officers on Peshawbestown Road, Roubal Road, Ninatigo Drive, Kitigan
Mikun, Ki-Dah-Keh Mikun and Beems-Kwa-Ma Mikun roads within the interior
of the primary area shall be heard in GTB Tribal Court.
(4)
All civil infraction tickets issued by GTB Tribal Police officers
on M-22 on the east, Putnam Road on the north to Pobuda Road to N.
Jacobson Road (Hwy. 633) on the west, and McKeese/Stallman Road on
the south to non-Indians shall be heard in state court.
(c) Fresh Pursuit.
(1)
Any duly authorized Tribal law enforcement officer who:
(A)
Observes the commission of a misdemeanor, including traffic
infractions and crimes and pursues the offender without unreasonable
delay; or
(B)
Observes the commission of a felony or has reasonable grounds
to suspect a felony has been committed, and pursues the offender without
unreasonable delay, shall be authorized to continue that pursuit across
the boundaries of the primary area until the offender is apprehended,
at which time the pursuing officer shall proceed as though the boundary
had never been crossed and may issue such citations or effect such
arrests as are dictated by the situation.
(2)
As soon as it reasonably appears that the fresh pursuit of a
suspect will require leaving the primary area, the Tribal officer
shall make every attempt to promptly notify L.C.S.D. law enforcement
authorities of the pursuit and to request their cooperation and assistance.
(3)
The fresh pursuit conducted under this Section shall conform
with the policy and procedure of the Sheriff's Department regarding
high speed pursuit.
(d) Qualifications and Training. All personnel furnished by the parties
pursuant to this Agreement shall be full-time commissioned law enforcement
officers, certified by M.L.E.O.T.C. The Tribe shall furnish a list
of all qualified GTB Tribal Police officers on January 2nd of each
year.
(e) Operational Plan. Any suspects arrested pursuant to this Agreement
will be booked and lodged in the Leelanau County Jail, providing space
is available.
(f) Costs.
(1)
The Tribe will contract with L.C.S.D. for the lodging of prisoners
within the jurisdiction of the Tribe.
(2)
The Tribe shall bear the expense of testifying in State Court
when acting pursuant to state law.
(g) Arrests. The L.C.S.D. agrees that they will make arrests for the
Tribe outside Indian country, pursuant to a valid Tribal Court warrant,
and the Tribe agrees that they will make arrests in Indian country
for the L.C.S.D. pursuant to a valid State Court warrant.
(h) Search Warrants.
(1)
Court Rules. The provisions of Michigan Court Rule 2.615, Enforcement of Tribal Judgments, and Chapter
10 of the GTB Court Rules, Rules Regarding Enforcement and Recognition of Foreign Judgments, shall apply to this Agreement.
(2)
State Warrants.
(A)
County law enforcement officers shall present search warrants
authorizing the search for evidence located on the Tribe's reservation
and Indian country (in accordance with the Tribal code) to Tribal
law enforcement authorities for execution.
(B)
The Grand Traverse Band Police Department agrees to cooperate
in the execution of properly issued state search warrants within the
reservation and Indian country and to observe the requirements of
State and Federal law in doing so.
(C)
L.C.S.D. law enforcement officers may, at the invitation of
Tribal authorities, accompany Tribal officers when a state warrant
is executed.
(i) Tribal Warrants.
(1)
Tribal law enforcement officers shall present search warrants
authorizing the search for evidence located off the Tribe's reservation
and Indian country to County law enforcement authorities for execution.
The Leelanau County Prosecuting Attorney agrees to review and prepare
search warrants for off-reservation searches.
(2)
The L.C.S.D. agrees to cooperate in the execution of Tribal
search warrants off the reservation and Indian country and to observe
the requirements of State, Tribal and Federal law in doing so.
(j) Immunities.
(1)
All the immunities from liability and exemptions from laws,
ordinances and regulations which Tribal law enforcement officers deputized
by the Sheriff, pursuant to the authority of this written instrument
and M.C.L.A. 51.70, have in their own Tribal jurisdiction shall be
effective in the state's jurisdiction in which the Tribal law enforcement
officers are giving assistance unless otherwise prohibited by law.
(2)
The provisions of 25 U.S.C. § 450f and the application
of the Federal Tort Claims Act applies to acts performed by GTB Tribal
Police officers.
(k) Hold Harmless.
(1)
The Sheriff and Tribe shall waive any and all claims against
each other which may arise out of their activities outside their respective
jurisdictions under this Agreement unless such claims are proximately
caused by the gross negligence or willful misconduct of the other
party or its law enforcement officers.
(2)
The Sheriff and Tribe shall be responsible for all liability
of whatever nature arising from the acts of its own law enforcement
officers and employees to the extent provided by law. Under no circumstances
shall either the County or Tribe be held liable for the acts of employees
of the other party performed under color of this Agreement.
(l) Indemnification. The Tribe shall indemnify the Sheriff for all claims,
judgments, or liabilities by third parties for property damage, personal
injury or civil liability which may arise out of the activities of
the Tribal law enforcement officers pursuant to this Agreement.
(m) Insurance.
(1)
The Tribe agrees to maintain and name the Sheriff as insured
on an insurance policy in the amount of $10,000,000 per incident insuring
against claims for liability and shall maintain the policy in full
force and effect during the Agreement. The Tribe shall provide a copy
of the policy to the Sheriff by January 2nd of each year.
(2)
The Tribe shall submit to the Sheriff proof of adequate insurance
covering each of its Tribal law enforcement officers pursuant to this
Agreement by January 2nd of each year.
(3)
The Tribe shall submit to the Sheriff proof of adequate insurance
covering the Tribe and each of its law enforcement officers commissioned
pursuant to this Agreement by January 2nd of each year.
(4)
The provisions of 25 U.S.C. § 450(a)-(g) "self-governance
contracting" and the application of the Federal Tort Claims Act shall
apply to the extent provided by law to the actions of the Tribal law
enforcement officers under this Agreement. See: Pub. L. No. 101-512,
Title III, § 314, 104 Stat. 1959 (codified at 25 U.S.C.
§ 450f notes). In Comes Flying v. U.S. through Bureau of
Indian Affairs, 830 F.Supp. 529, 530(1993).
(n) Costs. The Sheriff and Tribe shall each assume responsibility for
all costs incurred by their own officers under this Agreement, except
as otherwise provided.
(o) Oversight Committee.
(1)
A committee consisting of Tribal and Sheriff law enforcement
officers shall review activities and method of performance undertaken
pursuant to this Agreement.
(2)
The Tribe's Chief of Police and the County Sheriff shall serve
as co-chairmen and shall jointly set dates and places for meetings
and shall jointly preside over meetings.
(3)
This committee may recommend to the signatories of this Agreement
any amendments for consideration by the parties. This committee shall
further review, in the first instance, any dispute raised by either
party or by third parties, relating to this Agreement.
(4)
The committee co-chairman shall invite representatives of their
respective courts and prosecutors to attend the meetings. The committee
shall meet at least quarterly or more frequently at the call of either
the Tribe's Chief of Police or the County Sheriff to discuss the status
of this Agreement and invite other law enforcement or other officials
to attend as necessary.
(p) Duration of Agreement. This Agreement shall remain in full force
and effect until and unless terminated by either party as provided
in this Agreement.
(q) Suspension of Agreement.
(1)
If any provision of this Agreement is violated by the Sheriff
or any of his agents, the Tribal Council may suspend the Agreement
on 10 days' written notice to the Sheriff. The suspension shall last
until the Tribal Council is satisfied that the violation has been
corrected and will not recur.
(2)
If any provisions of this Agreement is violated by the Tribe
or any of its agents, the Sheriff may suspend the Agreement immediately
and terminate the deputy status of the GTB Tribal Police officers
at will or upon revocation of this Agreement. The suspension shall
last until the Sheriff is satisfied that the violation has been corrected
and will not recur.
(3)
The Sheriff may exercise his power of suspension to suspend
an individual GTB Tribal Police officer without suspending this Agreement.
(r) Revocation of Agreement. The Tribe may revoke this Agreement at any
time by formal action upon 10 days' written notice. The Sheriff may
revoke this Agreement at any time.
(s) Amendments. This Agreement shall not be amended except by an instrument
in writing executed by signatories below and attached to this Agreement.
(t) Saving.
(1)
This Agreement, or any commission issued pursuant to it, shall
not confer any authority on a state court or other state or county
authority which that court or authority would not otherwise have.
(2)
Nothing in this Agreement shall be construed to cede any jurisdiction
of either of the parties, to waive any immunities, to modify the legal
requirements for arrest or search or seizure or to otherwise modify
the legal rights of any person, to accomplish any act in violation
of state, federal, or Tribal law or to subject the parties to any
liability to which they would not otherwise be subject to by law.
(u) Severability. The provisions of this Agreement are severable and
should any provision be held invalid or unenforceable, the remainder
of this Agreement remains in effect unless terminated as provided
in this Agreement.
(v) Notice.
(1)
Any notice required or permitted to be given under this Agreement
shall be deemed sufficient if given in writing and sent by registered
or certified mail.
(2)
In the case of the Sheriff, notices shall be sent to:
Leelanau County Sheriff
201 Chandler
Leland, Michigan 49654
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(3)
In the case of the Tribe, notices shall be sent to:
Chief of Police
Grand Traverse Band of Ottawa and Chippewa Indians
2605 N. West Bayshore Drive
Suttons Bay, Michigan 49682
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(w) Repealers. This Agreement constitutes the entire Agreement between
the parties.
(x) The effective date of this Agreement shall be the 19th day of March,
1997.