Building Intergovernmental Law Enforcement Collaborations

The following information is one of 12 modules tailored for state, local and tribal justice leaders. These modules provide policy guidance for establishing and maintaining intergovernmental collaborative strategies in various subject areas to improve public safety in Indian country. Each module addresses a different subject area and consists of: an introduction to the topic, background information, practice tips, examples, and a directory of related resources. All modules in the State-Tribal Collaboration Policy Guide can be found at http://www.ncjp.org/state-tribal-collaboration.

These issue briefs were developed by the National Criminal Justice Association (NCJA) Center for Justice Planning (NCJP) and the National Congress of American Indians, in partnership with other national tribal training and technical providers and subject matter experts, including: the American Probation and Parole Association; the Center for Court Innovation; the National Criminal Justice Training Center of Fox Valley Technical College; the Tribal Law and Policy Institute; the Western Community Policing Institute; Judge Korey Wahwassuck of Leech Lake  Tribal Court; and Judge John Smith of Cass County District Court.

Click here to view a printable version of this document in PDF format.

Introduction

Tribal law enforcement agencies function within a complex and complicated jurisdictional environment, answer to multiple authorities, operate with limited resources, and patrol some of the most remote areas in the country, often without assistance from non-tribal law enforcement agencies. These agencies deal with crime rates for Native Americans that are far greater than the general population as well as visiting populations, or transient non-Indian populations that can outnumber tribal residential populations by 10-to-1.[1] The federal government limits the jurisdiction of tribal governments to address crime committed on tribal land by both native and non-native perpetrators in key ways. Tribally operated law enforcement agencies provide a broad range of public safety services such as responding to calls for service, investigating crimes, enforcing traffic laws, executing arrest warrants, serving process, providing court security, and conducting search and rescue operations.[2]

In this Section

Click below to view the following sections:

• Background
• Practice Tips
• Examples
• Resources

Background

Cooperative agreements are often the result of intense and complicated negotiations between involved intergovernmental authorities to overcome adversarial elements and address barriers that arise. Barriers can include philosophical and cultural differences between agencies, historical abuse of power and neglect, or differences or inaccessibility of training.[5] Successful negotiations take into account several areas of understanding and cooperation such as:

• Use of cooperative agreements that facilitate intergovernmental relationships to allow the states and tribes to maintain their respective government roles and responsibilities and collaborate when appropriate.
• Working in intergovernmental collaborative partnerships that require each stakeholder to treat each other with mutual respect; stakeholders must support each other, keep an open mind, and give others an opportunity to openly and honestly communicate and gain trust.
• Past history and working relationships have been influenced by rivalries. In order for intergovernmental partnerships to be successful, all rivalries must give way to reciprocal cooperation and mutual trust and respect.
• The development of a shared vision or purpose and guiding principles is important to provide focus and keep stakeholders engaged.  
• Each party involved represents an independent government that works for respective constituencies; each tribal government is a sovereign entity. It is important to recognize the expectations and sovereignty of each governmental entity involved.  
• Recognize that relationships are unique, not only because all tribal citizens are state citizens and legislative constituents, but also because of the nature of the tribal-federal relationship.When opportunities arise, share information on organization history and culture, political structures, community values, and expectations.
• Traditional justice organizations are heavily entrenched in routine type environments that require adherence to strict policies and procedures, laws, rules, and regulations. Collaborative justice organizations will need to develop the capacity to more effectively adopt new and innovative approaches and create opportunities for staff to learn new skills.
• Each involved government tries to reach agreement on common issues, but recognizes that there will always be some areas of conflict that should not be allowed to influence the entire intergovernmental relationship.^[6]

Building Trust through Lasting Leadership

The most important component to building law enforcement intergovernmental collaboration is the establishment and maintenance of trust. Establishing trusting relationships is achieved through exhibiting professional and ethical leadership, demonstrating integrity, showing mutual respect and maintaining open and honest communication over time. In all jurisdictions where successful collaborations have been established, there is a respected tribal police chief who has navigated the political landscape and worked with other government leaders to overcome barriers to collaboration. Changes in state, local or tribal leadership can either enhance or undermine progress toward intergovernmental collaboration. Establishing an agency vision, mission, and guiding principles congruent with the government agency and citizens being served can help ensure selection of leaders who are in sync and maintain momentum toward collaboration.

It is important that state, local and tribal leaders conduct succession planning and hire professional leaders who have credibility and negotiating skills, and are knowledgeable, supportive and know how to navigate sensitive political environments. The International Association of Chiefs of Police has developed a set of 22 essential qualities in a chief.[7]

The skills required of a police chief are… significantly different from those required of new recruits or lower ranking supervisors. The chief not only maintains general control over the department, but also serves as a representative in dealing with other municipal agencies, other police agencies, and elected officials.[8]

While achieving intergovernmental law enforcement collaboration may be difficult and require new ways of transcending traditional challenges such as politics, culture, tradition, and historical approaches, creating a sustainable environment that fosters openness and transparency in operations will provide a means for expanding efforts in forming collaborative partnerships.

Practice Tips

• For state and local justice leaders and policymakers
• For tribal justice leaders and government officials

Examples

Oregon, Senate Bill 412

Provides authorized tribal police officers with certain powers and protections provided to Oregon law enforcement officers.This bill,signed by Gov. John Kitzhaber on July 28, 2011, changed the definition of "police officer" based on training.

Intergovernmental Agreement for Law Enforcement Cooperation

This IGA IS between the State of Michigan and the Grand Traverse Band of Ottawa and Chippewa Indians & other agreements with local police agencies. The Grand Traverse Band of Ottawa and Chippewa Indians have established intergovernmental agreements to provide comprehensive public safety services in and around tribal land. Parties agree that all people, Indian and non-Indian alike, who reside and enter into GTB’s Indian County within Grand Traverse County are entitled to feel safe and secure and equal protection by law enforcement. They have recently signed a Law Enforcement Agreement with the State of Michigan and have established agreements with Sheriffs from Antrim, Benzie, Charlevoix,and Leelanau Counties.  

Salt River Police Department Inter-Governmental Agreement (IGA) with East Valley Gang and Criminal Information Fusion Center (EVGCIFC)

EVGCIFC IGA signed version to AZ Secretary of State (dated 04-08-09) & EVGCIFC most recent amended IGA (dated 01-30-15).  – The Salt River Police Department is a full partner member of the East Valley Gang and Criminal Information Fusion Center (EVGCIFC), established in 2007, who provide service to all East Valley Phoenix Police Departments (1.5 million population in the East Valley) and was and remains today as the first and only Fusion Center in the USA to have full-time tribal, local, state, and federal representation.

EVGCIFC Highlights:

• The best example of United Teamwork is evidenced by the measurable results of the EVGCIFC who disseminate local, real-time actionable information 24/7 to police in their vehicles, resulting in rapid response, identification, and apprehensions.  
• EVGCIFC partners include: Apache Junction Police Department (PD), Chandler PD, Gilbert PD, Mesa PD, Salt River PD, Scottsdale PD, and Tempe PD.
• EVGCIFC governance by all seven (07) Arizona East Valley Chiefs of Police. Meet quarterly to ensure strategic planning, budget, and operations are on-track and meeting needs.
• EVGCIFC shares information between all member agencies and others rather than a center that stores all data. Therefore, each member maintains possession and complete control of their own original data.
• The Universal Fusion Center Concept (Bottom to Top Model), the East Valley Fusion Center, has delivered measurable and sustainable results the last five years.
• SRPD has been able to utilize actionable intelligence to rapidly solve crimes, thereby protecting and enhancing sovereignty in a way never before possible.
• Sharing of information with surrounding agencies is resulting in numerous felony arrests and solved crimes within Indian Country and other local jurisdictions.

Crow Creek Sioux Tribe and the South Dakota Highway Patrol (SDHP)

Memorandum of Understanding Regarding Mutual Aid between the Crow Creek Sioux Tribe and the South Dakota Highway Patrol enacted 2013. – This Memorandum of Understanding between the Tribe and SDHP is intended “to provide mutual aid and assistance to each other for the safety and protection of the citizens…whether Indian or non-Indian.” Key provisions include:

• Effective for five years.
• Either party may request assistance.
• Jurisdictional authority begins with receipt of request for aid and ends when terminated.
• Once assistance requested, SDHP has authority to enforce:
  •  Crow Creek Sioux Tribal Law.
  • Major crimes under Federal Criminal Code.
• SDHP will not attempt to enforce state law while assisting tribal law enforcement on the Crow Creek Reservation.

Webinar: Enhancing Collaboration: Tribal-State Public Safety Agreements

In 2013, the National Congress of American Indians (NCAI) and the National Criminal Justice Association (NCJA) hosted this webinar, with support by the Bureau of Justice Assistance (BJA), which focused on tribal-state public safety agreements. These agreements include memoranda of understanding, cross-deputization agreements, and mutual-aid agreements. The discussion focused on the importance of tribes, states, and localities working together on public safety issues; addressed obstacles to cooperation; and highlighted best practices the Navajo Nation has used in forging these agreements in multiple states.

View the webinar and download the Powerpoint slideshow and supporting materials.

• Law Enforcement Agreement Between the Navajo Nation and the Arizona Department of Public Safety
• Mutual Aid Agreement Between the Arizona Department of Public Safety and the Fort McDowell Yavapai Nation
• Intergovernmental Agreement LEVEL B: The AZ Counter Terrorism Information Center and The Navajo Nation
• Intergovernmental Agreement LEVEL C: The AZ Counter Terrorism Information Center and The Tribal Nation for Statewide Terrorism Liaison Officer Program

Additional Resources

US Department of Justice

The U.S. DOJ provides resources to support public safety efforts in tribal communities, including:

• U.S. Department of Justice, Office of Tribal Justice;
• Bureau of Justice Assistance (BJA) supports national training and technical assistance.

Walking on Common Ground

WCG hosts a collection of resources related to tribal, state, and federal collaborations and Cooperative Law Enforcement Agreements. This site is searchable by state and highlights tribal-state collaborations in the following areas:

• Judicial
• Law Enforcement
• Community Corrections/Detention
• Multiple Agency Agreements
• Child Welfare

Western Community Policing Institute

This institute offers a no-cost, two-day training course, “Strategic Community Policing & Problem Solving,” which is designed to challenge participants as they apply strategic approaches to community policing and problem solving. Participants interact within the course materials while exploring and examining strategies in developing their own community policing projects.

This two-day interactive training course consists of two separate but connected training deliveries that will provide participants with the information and structure needed to develop or strengthen collaborative partnerships between the community and police. Training will incorporate the unique considerations facing communities in addressing crime, violence, and safety issues that require specific skills and capabilities in collaboration, including problem identification, information sharing, sharing resources, spreading costs, and helping communities explore community policing collaboration initiatives.

The target audiences for this program are participants representing a broad spectrum of federal, state, and local law enforcement jurisdictions, including the following established disciplines:

• Law enforcement, Tribal and Non-Tribal.
• Community Partners/Stakeholders.
• Faith-Based Organizations.

Bureau of Indian Affairs Office of Justice Services (BIA- OJS)

The Bureau of Indian Affairs Office of Justice Services (BIA-OJS) is responsible for the protection of lives, resources, and property which lies at the heart of the BIA's law enforcement effort. BIA-OJS fully supports the Secretary's ongoing commitment to safe and healthy Indian communities. Under the direction of the Deputy BIA Director, OJS is responsible for the overall management of the Bureau's law enforcement program. Its main goal is to uphold the constitutional sovereignty of the federally recognized tribes and preserve peace within Indian country.

The OJS has primary responsibility for the investigation of crimes that occur in Indian country. Currently the office:

• Develops standards, policies, and procedures for BIA-wide implementation
• Operates the Indian Police Academy
• Monitors tribally contracted justice services programs
• Directly operates law enforcement programs for tribes who do not run their own programs
• Conducts inspections and evaluation of BIA and Tribal Justice Services programs.
• Conducts internal investigations of misconduct by law enforcement officers
• Provides emergency tactical response teams to reservations requiring assistance, or threatened with disruptions or civil disorder
• Conducts criminal investigations into criminal violations committed on reservations involving federal, state, county, local and tribal codes

Working Effectively with Tribal Governments

This short, interactive course provides a basic overview of the history of tribes in the United States, American Indian culture, and tips on how to establish an effective working relationship with tribal governments. The course is designed for those with little prior knowledge of Indian tribes and emphasizes respect and how to successfully engage in cross-cultural communication. Key modules include:

• Introduction to Tribal Concepts
• Federal Indian Law and Policy
• Cultural Orientation and Working with Tribal Governments

The Wellbriety Journey to Forgiveness (Documentary)

This documentary discusses the intergenerational trauma of native communities and forges a way to healing. Posted on YouTube by Don Coyhis.

When developing intergovernmental collaborative relationships it is important to understand history and the inter-generational trauma that contributes to barriers and issues today. One of the most controversial policies of the BIA was the late 19th to early 20th century decision to educate native children in separate boarding schools, with an emphasis on assimilation that prohibited them from using their indigenous languages, practices, and cultures. Children in boarding schools faced physical, sexual and mental abuse which contributes to the inter-generational trauma and resulting disproportionate criminal justice and social problems such as alcohol and drug abuse, sexual and physical assault, and child abuse and neglect that many tribal nations face today.

This project is supported by Cooperative Agreement #2010-IC-BX-K054, awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking.  Points of view or opinions in this document are those of the authors and do not represent the official position or policies of the United States Department of Justice.