Law Enforcement-ORI Request Package
U.S. Department of Justice
Office of the Chieflnformation Officer
Washingron, D.C. 20530
Dear ,
The Department of Justice (DOJ), CJIS Systems Officer (CSO) is submitting a request on behalf of the Tribal Police Department to be granted Originating Agency Identifier(s) (ORIs) by FBI CJIS. I have -reviewed the below documentation and believe it is sufficient to grant the issuance of a full access ORI.- To support this request, please find the attached documentation as submitted by Tribal Police Department Attachment A - Proof that the primary function of agency is the administration of- criminal justice Resolution No S -13 – Adopting Law and Order Code Title 9 – Code of Laws – Law Enforcement Officers Code (Statement of Primary Functions and Proof of Arrest Powers) - Attachment B – Proof that the primary budget allocation is for the administration of criminal justice Police Department Budget Proof that the agency has arrest powers -See Attachment A Attachment C - Proof that the agency is a Law Enforcement Criminal Justice Agency whose officers have completed the required training Letter from Chief of Police regarding structure and training of police force
Tribal Police Department contact information:
-
Upon issuance of the ORI(s), please provide the ORI number(s) to me in an official communication. Should you have any additional questions, please contact at [email protected].
Respectfully,
Michael Roosa Assistant Director, Law Enforcement Services CJIS Systems Officer Department of Justice/JMD/OCIO
CJA ORI Request Letter, v. 2 December 2016 Page 1 Attachment A - Proof that the primary function of agency is the administration of criminal justice
• Resolution No S -13 – Adopting Law and Order Code • Title 9 – Nation Code of Laws – Law Enforcement Officers Code (Statement-- of Primary Functions and Proof of Arrest Powers)
uace .i:;nactea Subject
RESOLUTION NO. S - 13 ( ADOPTING - CODE OF LAWS
WHEREAS, the- Indian Business Council is the duly constituted qovernin body of the - Tribe of the- Reservation, by authority of the Constitution ana By-Laws of the Tribe of the- :--..as approved on April 10, 1970, by the Assistant Comm~ Indian Affairs; and WHEREAS, under the Constitution and By-Laws of the Tribe, the Business Council is charged with the duty of safeguarding and - ting the peace, safety, morals and general welfare of the Reservation and the wildlife and natural resources thereof; and WHEREAS, serious law enforcement problems have occurred and continue ·to occur on· the R~servation threatening the health, security and general welfare of the people of the Reservation making it difficult for the Tribe to effectively manage wildlife and natural resources; and WHEREAS, the Business Council deems it essential to the ..- health, security and general welfare .of the People of the Reser vation and essential to the protection and continued conser vation of their land, wildlife and natural resources that there be a comprehensive law and order code, NOW, THEREFORE,
BE IT RESOLVED that the - · Code of Laws attached hereto be adopted, which Code consists of the following titles.
Title l - - Reservation - General Rules Title 2 - Criminal Actions Title 3 - Ci_vil Actions Title 4 Rules of Court Title 5 - Code of Offenses Title 6 Traffic Code Title 7 Motor Vehicle Impoundment Title 8 - Juvenile Code. Title 9 - Law Enforcement Officers
Resolution No. s-13 , p. 1 Adopting-- Law & Order Code •
iv. Title 10 - Hunting and Fishing Code .(Reserved) Title 11 - Domestic Relations (R~served) Title 12 - Expulsion and Exclusion of Non-Members Title 13 - Tide Lands Ordinance Title 14 - General Impoundment Ordinance and
BE IT FURTHER RESOLVED that such Code shall become effective on the date that all final approvals and review of the Code have been completed by the Secretary of the Interior or his authorized representative; and •
BE IT FURTHER RESOLVED that upon such date any earlier codes , resolutions, ordinances or other enactments of the Business Council which shall conflict or be clearly incon sist€nt with this new Code shall be deemed superseded by the new Code.
I
CERTIFICATION
The foregoing resolution was adopted at a (regular) {special} meeting held on October 7, , 1974, at which a quorum was pres ent, and the Re solution was adopted by a vote of 8 FOR and O AGAINST, the Chairman or the Vice-Cha irma n in his abse nce, being authorized to Resolution.
Resolu tion No . S-13, p.2 Adopting - Code of Laws
v. TITLE9 CODE OF LAW LAW ENFORCEMENT OFFICERS CODE
Enacted: Resolution S-13 (1017/74)
Amended: Resolution 79-118 (11/5/79) Resolution 79-119 ( 11/5/79) Resolution 96-60 (3/26/96) TITLE9 ~ CODE OF LAWS LA~NTOFFICERS CODE
Table ofContents
Chapter 9.01 Tribal Police 9.01 .010 Tribal Police - Generally ...... l 9.01.020 Supervision ...... 1 9.01.030 Restrictions ...... 1
Chapter 9.02 Law and Order Committee 9.02.010 Function- Generally ...... 1 9.02.020 Review Function ...... 1
Chapter 9.03 Chief of Police 9.03.010 Appointment ...... 1 9.03.020 Duties ...... 1 9.03.030 Dismissal ...... ] 9.03.040 Bonding...... 2
Chapter 9.04 Appointment and Training ofTribal Police 9.04.010 Appointment ...... 2 9.04.020 Qualifications...... 2 9.04.030 Training ...... 2 9.04.040 Duties ...... 2 9.04.050 Supervision and Conduct ...... 3 9.04.060 Conflict of Interest ...... 3 9.04.070 Dismissal...... 3
Chapter 9.05 Restrictions Upon Outside Law Enforcement Offices
9.05.010 Entering - Tribal Center.~lex & Requirement to Report ...... 3 9.05.020 Officers Action in Concert wit~ State Liquor Control Board ...... 3
T itle 9 Law Enforcement Officers Code (2008) TITLE 9 ~ CODE OF LAWS LA~NTOFFICERS CODE
Chapter 9.01 Tribal Police Council. 9.01.010 Tribal Police - Generally Chapter 9.03 Chief of Police Tribal police shall be appointed by the - Business Council to enforce this Law and 9.03.010 Appointment Order Code and all other ordinances and The Chief of Police shall be appointed by the resolutions ofthe Business Council. Council to a term of one year, and may be [Editor's Note: Chief of Police authorized to reappointed after a full review of his supervise Natural Resources Enforcement performance, which review shall be had at Officers. Resolution 96-60 (3/26/96)] least thirty (30) days prior to the end of the term at which the Chief shall be present. 9.01.020 Supervision Tribal police will act under the direction of 9.03.020 Duties the Chief of Police who shall be subject to the (a) The Chief of police shall be responsible to general direction of the - Business the Council for the proper and efficient Council. The Chief of Police"'slialT"conduct an enforcement of all law for which he has been investigation on all reports and charges of given the authority and for the efficient misconduct on the part of the Tribal Police service and discipline of the Tribal Police and shall exercise such proper disciplinary officers and other persons under his measures as may be consistent with existing supervision. tribal regulations. (b) The Chief of Police may be deemed guilty 9.01.030 Restrictions of negligence and inefficiency in handling of Members of the Tribal Police force shall not personnel under his supervision if they are be assigned or detailed for duty as janitors or habitually lax and indifferent in performance chauffeurs or for any duty not connected with of their duties. the administration of law and order if such detail interferes in any way with the law and (c) The Chief of Police shall thoroughly order program. investigate all complaints filed by any citizen against any personnel under his supervision. Chapter 9.02 Law and Order Committee A written report of such complaint and the investigative report in writing of his findings 9.02.010 Function - Generally shall be made to the Council. The Law and Order Committee appointed by the Council shall coordinate the law and order (d) The Chief of Police shall notify the program on the reservation under the direction Council in writing of any case of misconduct ofthe Council. They shall meet with the Chief or neglect of duty on the part of subordinates, ofPolice to discuss the law and order program and recommend the personnel action to be and make recommendations for improving the taken. efficiency ofthe program. (e) The Chief of Police shall coordinate 9.02.020 Review Function investigative functions with special officers and other Federal officials whenever The Law and Order Committee shall review appropriate in promoting law enforcement on personnel action proposed by the Chief of the reservation. Police and shall within five (S) days from receipt of a written report of the proposed 9.03.030 Dismissal action concur or object to such action, subject to existing tribal regulations and final The Chief of Police shall be subject to disposition is subject to approval by the removal by the Council for failure to carry out
Title 9 Law Enforcement Officers Code (2008) any of the duties enumerated in section ofoffenses and police activities, the making of 9.03.020 or for any other just cause shown. reports, and with Court orders and legal forms The Council shall serve the Chief of Police and the duties of the police in relation thereto, with a notice, including the reasons for his and other subjects of importance for efficient dismissal, and he shall be entitled to a hearing police duty. It shall further be the purpose of at which time he may produce witnesses and the classes to consider methods of preventing present evidence to refute the charges. The crime and of securing cooperation with the decision of the Council shall be final. community in establishing better social relations. 9.03.040 Bonding The Chief of Police shall be responsible for 9.04.040 Duties arranging with the proper tribal official for the Duties of the Tribal Police shall be as follows: bonding of all Tribal Police, including himself, and for coverage for all Tribal Police (a) To obey promptly all orders of the Chief ~d equipment under the Tribe's liability of Police or the Tribal Court when assigned to insurance. that duty.
Chapter 9.04 Appointment and Training of (b) To lend assistance to fellow officers. Tribal Police (c) To report and investigate all violations of 9.04.010 Appointment any law or regulations coming to his notice or Tribal Police shall be appointed by the - reported for attention. Business Council upon the recommendation of the Chief of Police and the Law and Order ( d) To arrest all persons observed violating Committee. the laws and regulations for which he is responsible. 9.04.020 Qualifications The qualifications ofTribal Police shall be as (e) To inform himself as to the laws and follows: regulations applicable to the jurisdiction where employed and as to the laws of arrest. (a) A candidate must be twenty one (21) years of age or older, in sound physical condition (f) To prevent violations of the laws and and of sufficient size and strength to perform regulations. the duties required. (g) To report to his superior officers all (b) He must be possessed of courage, self accidents, births, deaths, or other events or reliance, intelligence, and high sense of impending events of importance. loyalty and duty. (h) To abstain from the use of narcotics and (c) He must never have been convicted of a from excessive use of intoxicants and to felony, nor have been convicted of any refrain from engaging in any act which would misdemeanor for a period of one year prior to reflect discredit upon the police department. appointment. (i)To refrain from the use of profane, insolent 9.04.030 Training or vulgar language. It shall be the duty of the Chief of Police to (j) To use no unnecessary force or violence in cooperate with the Council to maintain, from making an arrest, search or seizure. time to time as circumstances require and permit, classes of instruction for the Tribal (k) To keep all equipment furnished by the Police. Such classes shall familiarize the Government and the Tribal Council in policemen with the manner of making responsible repair and order. searches and arrest, the proper and humane handling of prisoners, the keeping of records
Title 9 Law Enforcement Officers Code (2008)
2 (I) To report the loss of any and all property comply with this section shall be grounds for issued by the Government or the Tribal dismissal under paragraph 9.04.070 of this Council in connection with official duties. chapter.
(m)To use firearms only when necessary in 9.04.070 Dismissal arresting or overtaking a person who has Tribal Police shall be subject to dismissal for committed a felony or in preventing the cause by the Chief of Police subject to the commission of a felony against a person or provisions of this Chapter. Upon the property. resignation, death or discharge ofany member of the Tribal Police, all articles or property (n) To serve as a Deputy Special Officer if issued to him in connection with his official appointed and to coordinate his functions as duties must be returned to the Chief of Police. Tribal Police Officers with his functions as a Federal Officer. Chapter 9.05 Restrictions Upon Outside Law Enforcement Officers 9.04.050 Supervision and Conduct The Tribal Police officer is responsible to the 9.05.010 Entering - Tribal Chief of Police and must willingly and Center Complex and equ1rement to faithfully perform any and all duties the Chief Report of Police may order him to perform. He shall Any law enforcement officer whether tribal, administer his duties in the manner required state, federal, or other entering the by his supervisor and all official Tribal Ciiiinter Com lex located at communications coming to the attention of or initialed by the police officer should be routed -c"li'eck' m wit t~--- ·Enforcement s us through the Chief of Police. Officers shall Administrator or Captain of Police in the obey all laws, rules, and regulations, and shall - Law and Order Building located be held strictly accountable for any act or ~the tribal complex and state the nature commission prejudicial to good order and and extent of his business within the complex discipline. Officers will cooperate with and on the reservation. outside government agencies when such cooperation is consistent with the Tribal Code, 9.05.020 Officers Action in Concert but shall ever bear in mind that their rimary with State Liquor Control - ibiM to I of the Board All officers, agents and persons acting in Officers shall be fair and impartial in all t eir concert or collusion with the ~ dealings with the public. Tact and patience State Liquor Control Board and ~ shall be used in all official contacts, but and agents are hereby banned from the officers shall employ enough firmness to Tribal Center Complex located at ensure obedience to the law. - __., 1 an are 'cteciai-eJ""io"""bepassers 1 ey enter upon 9.04.060 Conflict of Interest the Tribal Center Complex for any purpose No officer or employee of the Tribal Police including purposes connected with the force shall permit any member of his gathering of evidence or information for the immediate family to interfere in any way with enforcement either on or off the~ Indian the performance of official duties, nor shall Reservation of the liquor laws fflnestate of the officer discuss or make available to his family or any other person any information that he has obtained by his official position - - that is not otherwise public record. This T1tle9pub08 section is in no way meant to prevent the officers or employees from release of such information to other law enforcement officers, courts or other authorized persons. Failure to
Title 9 Law Enforcement Officers Code (2008)
3 Attachment B - Police Department Budget E.
Department: Police Department Budgets
Division: Law and Order Program I Project: Law Enforcement
Executive Director: Director: Manager:
Funding Sources: 2017 100. 7000 Indirect 150.6101 General Fund-police $- 150.7000 Evidence Collection 150.6200 Natural Resource Enf. 150.6600 WCFD#8, 17&Amb.
Staff Demographics:
-Other Tribal8 3 Non-Indian 16 Total 27 Attachment C - Proof that the agency is a Law Enforcement Criminal Justice Agency whose officers have completed the required training
• Letter from Chief of Police regarding structure and training of police force F. Letter from Chief of Police regarding structure and training To whom it may concern: The Police Department is comprised of three divisions; Administration, Police, and Natural Resources Enforcement.
Budgeting; Administration encompasses the Chief of Police, Lieutenant, Records Supervisor, and Support Services Manager. Police Division encompasses Police Officers, Detectives, and Patrol Sergeants. Natural Resource Enforcement encompasses three Patrol Officersand one Sergeant. The Police Department oversees a contract budget for local fire response.
The overall budget for the Police Department is $ , over 80% of the budget is allocated to administration of Criminal Justice.
Training; All Police Officers, Detectives, Natural Resource Enforcement and the Chief of Police and Lieutenant are certified through either the Bureau of Indian Affairs Police Academy or Criminal Justice Center and police academies offer 670 hours of training to become a commissioned Law Enforcement Officer. All support staff are certified and trained in accordance to 01 requirements of State. Police Officers and Natural Resource Enforcement have arrest powers through the Tribal Code, LCL. 9, originally approved by Resolution S-13 with current code attached.
In Closing; All staff of the Police Department is background checked in according to 01
Chief of Police Police Department