Building Intergovernmental Law Enforcement CollaborationsThe 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. IntroductionTribal 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 SectionClick below to view the following sections: Background
Data also indicate that tribal law enforcement agencies have between 55 and 75 percent of the resource base available to non-Indian communities.[3] According to the National Congress of American Indians (NCAI):
Most tribal law enforcement services in Indian Country are administered by tribal nations through the Indian Self-Determination and Education Assistance Act of 1975, also known as Public Law 93–638 (PL 93–638). This law enables tribes to contract with the federal government to administer services, including law enforcement and courts that had been provided as a direct service by the federal government. Officers and non-sworn staff of these departments are tribal employees. “638 funding” typically supports basic services and is matched with other tribally-generated revenue sources to support justice functions. Police departments are the second most common type of tribal police agencies that are entirely administered by the BIA. The BIA was established in 1824 to manage lands held in trust by tribes and oversee the education of Native Americans. Staff of these agencies are federal employees. In either case, there is a BIA Division of Law Enforcement special agent in charge in each of the nine BIA districts[4] who is responsible for overseeing activities and responding to needs in that district. Jurisdictional ChallengesAs a result of the Dawes Act of 1887, American Indian land holdings are often located in remote geographic regions and made up of a patchwork of reservation and non-reservation land, known as "checkerboard" areas. Reservations also typically overlap or are adjacent to different state, county, and city jurisdictions. For this reason, intergovernmental collaboration among federal, state, and tribal law enforcement is necessary to enhance public safety services in and around Indian Country. As an example, The Nez Perce Indian Reservation is 1,200 square miles within the exterior boundaries of the 1863 Treaty. The Dawes Act ultimately reduced tribal land ownership within the boundaries to approximately 144 square miles and opened the remaining 1,056 square miles to non-tribal settlement. Tribal lands and communities are scattered throughout the region in five counties including Nez Perce, Lewis, Latah, Idaho, and Clearwater. Cooperative AgreementsFormal arrangements and partnerships among governmental stakeholders can enable them to more effectively and efficiently coordinate law enforcement activities. Such mechanisms allow tribal, state, and local agencies to maintain their respective governmental roles and responsibilities and to collaborate when appropriate. Cooperative agreements can take the form of cross-deputization, mutual aid (MOA) and intergovernmental agreements (IGA) or memorandums of understanding (MOUs). Many law enforcement agencies have entered into cooperative agreements with state and surrounding jurisdictional agencies to address a variety of response strategies including cross-deputization, community policing based initiatives and enhanced information sharing capabilities. Cooperative agreements spread costs, pool resources, distribute risk. Terms of cooperative agreements vary depending on challenges and needs of each jurisdiction but all expand authority of officers and address:
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:
Building Trust through Lasting LeadershipThe 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]
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
ExamplesOregon, Senate Bill 412Provides 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 CooperationThis 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:
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:
Webinar: Enhancing Collaboration: Tribal-State Public Safety AgreementsIn 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.
Additional ResourcesUS Department of JusticeThe U.S. DOJ provides resources to support public safety efforts in tribal communities, including:
Walking on Common GroundWCG 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:
Western Community Policing InstituteThis 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:
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:
Working Effectively with Tribal GovernmentsThis 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:
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.[1] Written Testimony before the Indian Law and Order Commission, 2/16/12, William Denke, Chief of Police. [2] Findings based on the 2008 Census of State and Local Law Enforcement Agencies. [5] Criminal Jurisdiction in Indian Country: The Solution of Cross Deputization, Michigan State University College of Law, Indigenous Law and Policy Center, Occasional Paper Series 2008-01. [6] Government to Government Models of Cooperation Between States and Tribes, National Congress of State Legislators, April, 2009, Chapter 2. Guiding Principles in State-Tribal Relations, p. 6. [7] Police Chiefs Desk Reference, a Guide for Newly Appointed Police Leaders, IACP & BJA, Page 12. [8] Recruitment and Selection of Police Officers, https://us.sagepub.com/sites/default/files/upm-binaries/53256_ch_4.pdf. |