If you have issues viewing or accessing this file, please contact us at NCJRS.gov. .... I .~ i it· I I LAW ENFORCEMENT ASSISTANCE ADMiNISTRATION (LEAA) I POLICE TECHNICAL ASSISTANCE REPORT SUBJECT: An Assessment of Current Operations of the Penobscot, Pleasrult Point, I and Indian Township Reservation Police Departments and Recommendations for I Improvement of Police Services REPORT Nm.fBER: 77-050jITA-03 I FOR: Eastern Maine Development District Penobscot Indian Reservation .~I Population: 430 Police Strength: (Sworh) 5 .1 (Civilian) 1 .. Total ~ c Square Mile Area: 6.875 (land) I 70 miles waterway Pleasant Point Reservation :1 Population: 430 91978 Police Strength: (SwoJ."Il) 6 (eivilirul) Total 6 Square Mile Area: .156 Indian Township Reservation Population: 381 Police Strength: (Sworn) 4 (Civilian) Total 4 CONTRACTOR: Public Admini$tration Service 1776 :Massachusetts A'\Tenue~ N.W. Washington, poC. 20036 CONSULTANTS: Bernard L. Garmi1-e Jo Jo lh.mt CONTRACT NUMBER: J -·LEAA-002-76 DATE: March, 1978 . ., I I i I I TABLE OF CONTENTS I I. INTRODUCTION 1 I II ANALYSIS OF THE PROBLEM 5 Assessment of Indian Law Enforcement Services 5 A. Background 6 I B. The Penobst::ot Reservation Police 10 C. The Pleasant Point Passamaquoddy Reservation Police 19 D. The Indian Township Passamaquoddy Rerservation Police 26 ~I E. Common Problems of the Three Maine Reservation Police Departments 36 I III. FINDINGS AND CONCLUSIONS 39 A. The State of the Art of Indian Law Enforcement in I Maine 39 1. Penobscot Reservation Police Department 39 2. Pleasant Point Reservation Police Department 41 I 3. Indian, Township Police Department 45 B. Common Problems of the Three Maine Reservation Police \1 Departments 48 IV. RECOMMENDATIONS 50 I A. General Recommendations 50 B. Specific Recommendations 50 I 1. Penobscot Reservation Police Department 50 2. Pleasant Point Reservation Police Department 52 3. Indian Township Police Department 55 I 4. Common Problems of the 'Three Departments 57 I I "I I I '0 Jj 1/ I II I I 1. INTRODUCTION I There are three Indian reservations in the State of Maine -- the I Penobscot Indian Reservation, located adjacent to Old Town in Penobscot County; the Pleasant Point Indian Reservation, located I adj acent to Perry in Washington County; and the Indian Tmvnship Indian Reservation, located adj acent to Princeton in Washington I. County. The three reservations have tribal police departments which I are authorized to enforce state law on the reseI'vations, in addition to any tribal ordinances. I The three tribal police departments have been funded by the Indian Criminal Justice Program of the Law Enforcement Assistance I Administration.through the Eastern Maine Development District. The I last grant ended November 30, 1977. This report was prepared in response to a technical assistance request made by tr':e Eastern Maine I Development District on behalf of the three departments for an evaluation of each department and recommendations for improving the I various aspects of police services provided on each reservation. I Continued funding from LEAA is pending this evaluation. The consultants assigned were Bernard L. Garmire and Jo Jo Hunt. I Others involved in processing the request were: Requesting Agency: Mr. Jeffrey H. Waring I Criminal ,Justice Coordinator Eastern Maine Development District 10 Franklin Stri3et (! I Bangor, Maine 04401 C' I I 1 I 2 I I State Planning Agency: Ms. Diane Stetson Maine Criminal Justice Planning . and Assistance Agency I 11 Parkwood Drive Augusta, Maine 04330 I Approving Agency: Mr. Dale Wing Director Indian Criminal Justice Progrrun I LEAA Central Office of Regional Operations Mr. Robert O. Heck I Police Specialist Enforcement Division LEAA Central Office of Regional I Operations I The on-site visits were made January 16-20, 1978. While on-site~ the consultants 1) interviewed police supervisors at each of the reser- I vations, two of the three tribal governors, members of the administrative and planning staffs of the reservations, police board members of the I reservation, and the pui>lic safety coordinator of another reservation, I the chiefs of police of Old TmV"n and Calo.is, Maine; 2) toured the three reservations to observe the locations and distances involved I and the residential areas and public facilities; and 3) reviewed statistical reports and other available pertinent data. I Persons contaced during the visit included: I Mr. Jeff Waring Mr. Bill Veneer I Eastern Maine Development District Penobscot Resnrvation Mr. Howard "Buddy" Corbett I Sergeant of Police' I I - --~~----~~-~--------------~---------------------------------- I I 3 I Ms. Pamela Michaud Police Secretary Mr. Francis Mitchell I Chairman, Police Board Mr. Erving Ranco I Member, Police Board Mr. Nicholas Sapiel I Penobscot Tribal Governor Mr. Wally Pehrson I Penobscot Lieutenant GoveT1lor Mr. Andrew N. Aikens Executive Di recto~:' I Penobscot-Passamaquoddy Tribal Planning Board I Pleasant Point Reservation Mr. Harry Tinker I Lieutenant of Police Mr. John Bailey I Public Safety Coordinator Mr. Fra."1cis Nicolas I Governor, Pleasant Point Reservation Mr. Jeffrey Hill Director of Development/Assistant I to the Governor Mr. James McGrath I Planner/Communications Manager Indian Township Reservation I Nr. Christopher Tinker Director, Department of Public Safety Mr. Doren Graves I Sergeant/Criminal Investigator Mr. Roger Gabriel I Assistant to the Governor Indian Township Reservation I I I -< 4 I I Mr. Brian Bowdoin Tribal Busi.ness Manager I Neighbo'ring Jurisdictions Mr. Jack Palo Chief of Po.lice I Old Town, Maine Mr. Clinton Hayward I Chief of Police Calais, Maine I I I I I I I r ,I I I I I I .) I ~ 5 ~ I I II. ANALYSIS OF THE PROBLEM I Assessment of Indian Law Enforcement Services In evaluating the thr.ee Maine Indian police forces included in I the technical assistance request, background material on the status of the tribes in Maine which affects the funding of their police c I departments and the political climate which surrounds them are I· discussed herein. The organizational structures and police functional components of each department are also presented. This information I serves as the basis for the findings and conclusions on the strengths ,I and weaknesses of each department and recommendations made in the succeeding sections of this report. I The method~logical approach has been discussed in the Introduction section of this report and describes the process utilized in gaining I the necessary information. However , it should be added that a detailed set of some 270 questions were asked of each department, such questions I covering all aspects of the operation of a police department. I It should als'o be added at this point that although adequate information was gathered to allO\'1 a thorough evaluation of the three I departments, the consultants would have preferred to tal-:~ with more commmiity people and individual officers, as \'1e11 as ride along with I an officer on duty during a given shift; but this was not feasible I because of the mid-January snowstorm in Maine, the distances between the two northernmost .reservations and lodging accommodations, and I sometimes having to wait for roads to be cleared of snow. I I ~~ ~- - ~--- ----~----------~--------- .~ I 0{ 6 -I I A. Background I The Penobscot and Passamaquoddy Tribes of Maine currently maintain control of a total of 33.6 square mil es. The land was I set aside for them as three state reservations. Until October 1977, the Tribes were not officially recognized by the United States I Department of the Interior as eligible for benefits and services I because of their status as Indians and were not receiving assistru1ce and programs from the Bureau of Indian Affairs and HEW's Indian I Health Service.Y The qnestion of federal recognition for the Maine Tribes arose I because of a land claim. In contrast to the many tribes in the I United States who. had lost their land in transactions which involved the Federal Government and thereby complied with Federal law, the I Passamaquoddy and Penobscot Tribes lost several million acres of their aboriginal terri tory in a 1794 treaty ru1d subsequent treaties I wi th the Commonwealth of Massachusetts.Y The 1790 Indian Non- I Intercourse Act provided. as follows: 3/ No sale of lands made by any Indians, or any Nation or tribe of Indians within the United States, shall be valid to any person or per­ I sons, or to any state, whether having the right of pre-el1lption to such lands or not, unless the same shall be made and duly I executed at some public treaty, held under the authority of the United States. y October, 1977 date of federal recognition for the Penobscot and ~ Ps,ssamaquoddy Trtbes was provided .. by Francis Nicholas, Governor B of Pleasant Point Passamaquoddy Reservation. y Report on Terminated and Nonfederal1y Recognized Indians, Task FOl'ce /tIO, American Indlru1 Policy Review Commission, U:. S. Govern- I • ment Printing Office, 1976, p. 1660. ~ Act of July 22 , 1790, 1 Stat. 137, section 4, as cited in Report I on 'f'erminatc.? and Nonfedcrally Rccogni zed Indians, Ibid., p. 1657 I -{ 7 I I The 1794 treaty with Massachusetts was not executed as a public I treaty duly authorized by the United States, and the land transaction I is rendered invalid by the controlling Federal statute. The Tribes therefore had the right to seek return of their land and damages I dating back to 1794 for the time the land was withheld from them. The Passamaquoddy Tribe took the lead in addressing the land I issues. The Tribe requested the Federal Government, through the I Departments of the Interior and Justice, for assistance in litigating their land claim against the State of Maine, Massachusetts' successor I in interest. if Since an important part of the claim was a money damages claim against Maine, which bocause of sovereign immunity I could only be brought by the United States, the Tribe required the I assistance of the United States in litigating their claim.