§ 114 — St

New York § 114

• Jurisdiction: New York
• Law IND: Indian
• Art. 8: The Saint Regis Tribe

Text

§ 114. St. Regis Mohawk tribal police. 1. By notifying the\nsuperintendent of state police, the St. Regis Mohawk tribal council may\nestablish a St. Regis Mohawk Tribe police department employing police\nofficers appointed in accordance with this section.\n a. At the time of the establishment of the tribal police department,\nand together with each application under subdivision two of this\nsection, the tribal council must provide to the superintendent of state\npolice, and at all times during the existence of such police department\nand during the tenure of any police officer appointed under subdivision\ntwo of this section, the tribal council must maintain in full force and\neffect, a waiver of sovereign immunity providing as follows: "The St.\nRegis Mohawk Tribe hereby waives its sovereign immunity from liability\nand action in New York state and federal courts, and hereby assumes\nliability and consents to have the same determined in accordance with\nthe same rules of law as applied to actions against municipalities of\nthe state of New York; provided that this waiver applies to liability\nfor acts or omissions of officers appointed under subdivision two of\nthis section and other police department employees occurring while the\nofficer or employee was acting within the scope of his or her employment\nor duties, and to the provision of a defense for such officer or\nemployee accused of such acts or omissions. This waiver shall apply to\neach such act or omission, whether or not legal action based on the act\nor omission is brought after a revocation of this waiver."\n b. The St. Regis Mohawk Tribe shall provide for the defense of\nofficers appointed under subdivision two of this section and other\nemployees of the police department in any civil action or proceeding,\nstate or federal, arising out of any alleged act or omission that\noccurred or allegedly occurred while the officer or employee was acting\nwithin the scope of his or her employment or duties. This duty to\nprovide for a defense shall not arise where such civil action or\nproceeding is brought by or at the behest of the St. Regis Mohawk Tribe.\n (i) The St. Regis Mohawk Tribe shall indemnify and save harmless\nofficers appointed under subdivision two of this section and other\npolice department employees in the amount of any judgment obtained\nagainst such officers or employees in a state or federal court, or in\nthe amount of any settlement of a claim, provided that the act or\nomission from which such judgment or claim arose occurred while the\nofficer or employee was acting within the scope of his or her employment\nor duties.\n (ii) The duty to indemnify and save harmless prescribed by this\nsubdivision shall be conditioned upon the timely notification to the St.\nRegis Mohawk Tribe of the commencement of the action or proceeding and\nupon the full cooperation of the officer or employee in the defense of\nsuch action or proceeding and in defense of any action or proceeding\nagainst the St. Regis Mohawk Tribe based upon the same act or omission,\nand in the prosecution of any appeal.\n (iii) At the time of the establishment of the tribal police\ndepartment, and together with each application under subdivision two of\nthis section, the tribal council must provide to the superintendent of\nstate police evidence of procurement of, and at all times during the\nexistence of such police department the tribal council and during the\ntenure of any police officer appointed under subdivision two of this\nsection, must maintain in full force and effect at its own cost and\nexpense, a liability insurance policy from any insurance company\nauthorized by law to transact business in this state, against liability\nimposed by the provisions of this section. The minimum liability limits\nof such policy shall be five million dollars ($5,000,000) for any one\noccurrence.\n (iv) The St. Regis Mohawk Tribe shall indemnify and save harmless the\nstate of New York and employees of the state of New York as defined in\nsection seventeen of the public officers law in the amount of any\njudgment obtained against the state or such employees in a state or\nfederal court, or in the amount of any settlement of a claim approved by\nthe tribal council, provided that the act or omission from which such\njudgment or claim arose was committed by any police officer appointed\nunder subdivision two of this section or other employee of the tribal\npolice department and occurred while the officer or employee was acting\nwithin the scope of his or her employment or duties.\n 2. Upon the application of the St. Regis Mohawk tribal council, the\nsuperintendent of state police may appoint any person as a police\nofficer with all powers provided for in the criminal procedure law for\nthe preservation of order and of the public peace upon the St. Regis\nMohawk tribal reservation and upon additional lands as set forth in\nsubdivision eight-a of this section. The total number of appointments\nshall be determined by the superintendent in his or her discretion.\n 3. Such application shall be in writing, specifying the name, age, and\naddress of each person for whom an appointment is sought.\n 4. The superintendent shall cause an investigation to be conducted of\nthe character, qualifications and fitness of each proposed appointee and\nno person whom such investigation shows to be, in the opinion of the\nsuperintendent, other than of good moral character shall receive an\nappointment under this section.\n 5. The superintendent shall obtain two sets of the applicant's\nfingerprints for purposes of determining the criminal history of the\napplicant. One set of fingerprints shall be sent to the division of\ncriminal justice services to identify the applicant and to conduct a\ncriminal history records search of the division's New York state files\nto determine whether or not such applicant has a criminal history in\nthis state. The other set of such applicant's fingerprints shall be\nforwarded to the federal bureau of investigation for the purpose of a\nnationwide criminal history record check to determine whether such\napplicant has a criminal history in any state or federal jurisdiction.\nThe division of criminal justice services shall promptly transmit the\nreports of the New York state criminal record search to the\nsuperintendent. The federal bureau of investigation reports of\nnationwide criminal records searches shall be transmitted to the\nsuperintendent by the most direct means authorized by federal law, rules\nand regulations.\n 6. No person shall commence duties as a police officer under this\nsection unless and until the St. Regis Mohawk tribal council shall\ncertify to the superintendent of state police, and the superintendent is\nso satisfied, that the proposed appointee has met the minimum police\ntraining standards as determined by the superintendent.\n 7. The superintendent of state police shall file the certificate of\nappointment of any such person in the office of the department of state,\nand shall forthwith notify the person appointed, by mail, at the address\nspecified in the application, that the certificate has been so filed.\nEach such person shall, within fifteen days after such certificate shall\nhave been filed, and before entering upon the duties of the office, take\nand subscribe the constitutional oath of office, and file it in the\noffice of the department of state. The home address of the person\nappointed shall appear in the certificate of appointment, and whenever\nsuch address is changed the St. Regis Mohawk tribal council shall file\nwith the superintendent of state police a statement of the new address.\n 8. The geographical area of employment of a police officer appointed\nunder this section shall be within the county of Franklin, and within\nthat county, only within the boundary of the St. Regis reservation,\nexcept that if the superintendent of state police has certified such\nofficer with expanded jurisdiction within the county of Franklin,\npursuant to subdivision eight-a of this section, the geographical area\nof employment of such police officer shall also include the area of\nexpanded jurisdiction set forth in that subdivision. Notwithstanding any\nlaw to the contrary, police officers appointed pursuant to this section\nshall not serve under the command or authority of any other government\nagency or officer, and shall not serve as members of joint task forces\nwith other law enforcement agencies, without the approval of the\nsuperintendent.\n 8-a. Upon the application of the St. Regis Mohawk tribal council, the\nsuperintendent is authorized to expand the jurisdiction of any person\nappointed a police officer under this section to the area within the\ncounty of Franklin, outside of the boundary of the St. Regis\nreservation, to the area known as the "Bombay triangle" in such manner\nthat the southern boundary of the area of expanded jurisdiction shall be\na straight line beginning at a point on the southern boundary in the\nsouthwest quadrant of the St. Regis reservation, 500 feet east of the\nSt. Regis river at 44.9540N 74.6873W, continuing in an easterly\ndirection to a point on the southern border in the south western\nquadrant of the reservation at 44.9526N 74.6132W. The area of expanded\njurisdiction shall include all points north of this line described\nherein continuing to the southern-most border of the St. Regis\nreservation. Such expanded jurisdiction may be revoked or suspended by\nthe superintendent at his or her discretion. Officers exercising police\nauthority pursuant to this expanded jurisdiction shall be subject to all\nof the provisions set forth in this section in the same manner as if\nthey were operating within the state-recognized borders of the St. Regis\nreservation and all responsibilities set forth in this section with\nrespect to the duties of the St. Regis Mohawk tribe, including the duty\nto indemnify and save harmless, shall apply to this area in the same\nmanner as if it was within the state-recognized boundaries of the St.\nRegis reservation. A representative of the administration of the St.\nRegis Mohawk tribal police department shall keep the superintendent\ninformed, on a monthly basis, of all crimes, accidents and requests for\nlaw enforcement services occurring within the area described in this\nsubdivision in whatever manner and format the superintendent designates.\nNothing in this section shall be interpreted in a manner to reduce or\neliminate the existing jurisdiction of any other state or local police\ndepartment within this area.\n 9. A person appointed a police officer under this section shall be an\nemployee of the St. Regis Mohawk Tribe and shall not be an officer,\nagent, servant or employee of the state or any subdivision thereof. The\ncompensation of every such police officer shall be such as may be agreed\nupon between the officer and the St. Regis Mohawk tribal council and\nshall be paid by the St. Regis Mohawk tribal council.\n 10. When the St. Regis Mohawk tribal council no longer employs a\npolice officer appointed under this section it shall file notice to that\neffect with the superintendent of state police and in the office of the\ndepartment of state, and thereupon such appointment shall be terminated.\n 11. The superintendent of state police may also at pleasure revoke or\nsuspend the appointment of any such police officer by filing a notice of\nsuspension or revocation thereof in the office of the department of\nstate and mailing a notice of such filing to the St. Regis Mohawk tribal\ncouncil, and also to the person whose appointment is suspended or\nrevoked, at the officer's address as it appears in the certificate of\nappointment or the latest statement thereof on file. An appointment may\nbe restored by the superintendent upon the filing of a restoration\nnotice to the department of state, the person suspended, and the St.\nRegis Mohawk tribal council.\n 12. If such person thereafter, knowing of such revocation or having in\nany manner received notice thereof, exercises or attempts to exercise\nany of the powers of a police officer, under this section, such person\nshall be guilty of a misdemeanor. The filing and mailing of such notice,\nas above provided, shall be presumptive evidence that such person knew\nof the revocation.\n 13. The superintendent shall revoke the appointments of all such\npolice officers, by the process provided in subdivision eleven of this\nsection, if the tribal council fails to maintain in full force and\neffect the waiver of sovereign immunity and the policy of insurance\nspecified in subdivision one of this section.\n 14. The superintendent is authorized to promulgate rules and\nregulations to effectuate the provisions of this section.\n