WHITE EARTH RESERVATION 

CHAIRMAN Michael A. Fairbanks SECRETARY-TREASURER Leonard Alan Roy 

DISTRICT I Raymond Auginaush, Sr. DISTRICT II Kathy Goodwin DISTRICT III Eugene “Umsy” Tibbetts 

July 16, 2020 

To Our Respected Tribal Members: 

As an exercise of tribal sovereignty, the White Earth Nation entered into cooperative law enforcement 

agreements with Becker County, Mahnomen County, and Clearwater County to coordinate the provision 

of law enforcement services within the Reservation as well as the portion of the Reservation that lies 

within the respective county. The agreements provide for establishing a process by which the White Earth 

Nation and the County will work together cooperatively to enhance public safety efforts on the White 

Earth Reservation. The White Earth Nation feels that these documents may be outdated and may be 

missing key components which hinder the provision of effective law enforcement services within the 

Reservation. 

At the Special Meeting on July 16, 2020, the White Earth Reservation Business Committee passed a 

motion to modify, access and assess the Cooperative Law Enforcement Agreements between the White 

Earth Band and the Counties of Mahnomen, Becker, and Clearwater. During the assessment, the White 

Earth RBC will look at the agreements and find ways to improve those agreements. Specifically, the 

review will include looking at ways to implement body cameras, mandate cultural training, the option that 

Tribal members would have the ability to request a Tribal law enforcement officer, and establishing a 

citizens commission to review law enforcement activities. 

This issue is too important for any action to be delayed. We continue to demand accountability for all law 

enforcement agencies. We believe there is no better time than now to examine policing policies and how 

those policies affect our Band members. We cannot sit by while hearing complaints that Band members 

feel that they are being treated differently because of their tribal membership. We have expressed our 

requests to Minnesota Department of Public Safety Commissioner Harrington and Tribal Liaison Nigel 

Perrote about the need for cultural training for all law enforcement personnel in the State of Minnesota. 

Other Minnesota Tribal leaders shared in the request for positive reform. The MN Department of Public 

Safety seemed receptive to the Tribes’ wishes so we are hopeful that significant and positive change will 

happen throughout the State, but most importantly here at home. We look forward to discussing the 

possible modification of the agreements with the respective Counties and receiving community input on 

ways that law enforcement services can be improved. 

 

Michael A. Fairbanks

Chairman 

 

Leonard Alan Roy 

Secretary/Treasurer 

P.O. Box 418 | White Earth, Minnesota 56591 | Tel. (218) 983-3285 | Fax (218) 983-3641 
COOPERATNE LAW ENFORCEMENT AGREEMENT 

BETWEEN THE WHITE EARTH RESERVATION OF 

CHIPPEWA INDIANS AND 

BECKER COUNTY, MINNESOTA 

THIS AGREEMENT, made and entered into between the White Earth Reservation of Chippewa 

Indians acting through the White Earth Reservation Business Committee, hereinafter referred to as 

"Reservation," and the County ofBecker, hereinafter referred to as "County," pursuant to the 

provisions ofMinnesota Statute Sections 626.93, Subd. 4 and 471.59. 

NOW, THEREFORE, the Reservation and County hereby enter into this cooperative agreement and 

agree as follows: 

I. PURPOSES OF AGREEMENT 

The purposes ofthis agreement are to: 

a. Coordinate, define, and regulate the provision of law enforcement services and to 

provide for mutual aid and cooperation between the Reservation and the County relating to 

enforcement ofthe laws ofthe State ofMinnesota, and laws ofthe White Earth Reservation, 

on that portion ofthe White Earth Reservation that lies within Becker County. 

b. Establish a process by which the Reservation and the County will work together 

cooperatively to enhance public safety efforts on the White Earth Reservation. 

c. Preserve the parties' respective jurisdictions on the White Earth Reservation so that 

neither the Reservation nor the County is conceding any claim to jurisdiction by entering 

into this cooperative agreement. 

2. LAW ENFORCEMENT AUTHORITY OF THE WHITE EARTH RESERVATION 

UNDER MINNESOTA LAW 

The White Earth Reservation is authorized, pursuant and subject to Minnesota Statute 

Section 626.93 to enforce the criminal laws ofthe State of Minnesota within that portion of 

the White Earth Reservation that lies within Becker County if all of the following conditions 

are satisfied: 

a. The Reservation agrees to be subject to liability for its torts and those ofits officers, 

employees, and agents acting within the scope oftheir employment or duties arising out of a 

law enforcement agency function conferred by Section 626.84, Subd. 1, paragraph (h), to the 

same extent as a municipality under Chapter 466 ofMinnesota laws. 

b. The Reservation waives its sovereign immunity with respect to claims arising out of 

this liability to the same extent as a municipality under Chapter 466 of Minnesota laws. 

1 
c. The Reservation files with the Minnesota Board of Peace Officer Standards and 

Training a bond or certificate of insurance for liability coverage with the maximum single 

occurrence amounts set forth in Section 466.04 and an annual cap for all occurrences within 

a year ofthree times the single occurrence amount. 

d. The Reservation files with the Minnesota Board ofPeace Officer Standards and 

Training a certificate ofinsurance for liability of its law enforcement officers, employees, 

and agents for lawsuits under the United States Constitution. 

e. The Reservation agrees to be subject to Minnesota Statute Section 13.82 and any 

other laws ofthe State of Minnesota relating to data practices oflaw enforcement agencies. 

f. The execution ofthis agreement by all parties. 

3. IDENTIFICATION OF OFFICERS 

The Reservation shall provide to County, and the County to the Reservation, a current list of 

all ofits duly licensed peace officers and shall at all times keep County advised of the names 

of officers exercising authority pursuant to this agreement. The Reservation shall provide to 

County, and the County to the Reservation, the Minnesota POST Board peace officers 

license number of all officers exercising authority under this agreement. It is understood 

and agreed between the parties that no officer who is not duly licensed as a peace officer by 

the Minnesota POST Board shall exercise authority under this agreement. 

4. RESERVATION BOUNDARIES 

This agreement shall encompass that part ofthe White Earth Reservation located within the 

County ofBecker, which is identified by the map attached hereto as Exhibit A. 

5. RETENTION OF COUNTY CRIMINAL JURISDICTION AND RESPONSIBJLITY 

Nothing in this agreement shall be construed to limit or to release the County or Sheriff from 

criminal jurisdiction or responsibility otherwise possessed by the County under applicable· 

law. The Sheriff or officer in control ofthe Sheriff's Department shall have the authority to 

control any designated crime scene, and law enforcement officers of the Reservation will 

cooperate with the direction of the Sheriff or officer in charge. 

6. ENFORCEMENT, INCARCERATION AND PROSECUTION 

a. Law Enforcement. IfCounty officers stop a Reservation member for a civil 

regulatory offense or are involved in a stop for a criminal offense, which also includes civil 

regulatory offenses, County officers shall take appropriate action, which may include 

writing a report and/or issuing a citation to Tribal Court. The chief law enforcement officer 

of the Reservation shall provide citation books and copies of the White Earth Code to the 

County to enforce civil regulatory laws under the Code. 

2 
b. Incarceration. In any matter involving the arrest of an individual by a Reservation 

law enforcement officer under the provisions ofthis agreement that occurs within that part 

ofthe White Earth Reservation that lies within County, the custody of such individual shall 

be transferred to the County Sheriff and the Sheriff shall be obligated to receive and 

incarcerate such individual pursuant to applicable Minnesota law and in the same manner of 

other incarcerations. 

c. Prosecution. In any matter involving the citation of an individual by a Reservation 

law enforcement officer under the provisions of this agreement that occurs within that part 

of the White Earth Reservation that lies within County, the prosecution of such individual 

shall be by the Becker County Attorney pursuant to applicable Minnesota law. 

Paragraphs 6.b. and 6.c. shall not be construed to apply to the incarceration or prosecution of 

Reservation members for alleged violations ofthe laws of the Reservation; 

7. EXCHANGE OF INFORMATION AND COMMUNICATION 

a. Administrative Information. The Reservation and County agree to provide, in a 

timely manner and when requested, information and data necessary to implement this 

agreement. Such information may include, but not be limited to, the following: 

(]) Information relating to their respective laws; 

(2) Information relating to staffing; 

(3) Information relating to equipment inventory capabilities, and 

(4) An exchange of office and department law enforcement procedural manuals with an 

ongoing exchange of amended or new policy directives or procedures. 

Each party will respond to information requests in accordance with Minnesota Government 

Data Practices Act, Minnesota Statute Chapter 13. 

b. Participation in Dispatch System. County shall enable Reservation law enforcement 

officers to participate in the radio dispatch system ofthe County as necessary to enable 

Reservation officers to respond to emergencies and requests for assistance on the White 

Earth Reservation. 

c. ICR Generation. Each time a Reservation law enforcement officer investigates or 

responds to a call for service of an alleged violation of State criminal law, the Reservation 

officer shall, as soon as possible, contact the County dispatcher so that a CFS ( call for 

service) or ICR (initial complaint report) maybe generated. Reservation officers shall use 

the CFS/ICR number in addition to any White Earth ICR number on their investigative 

reports and when issuing citations for criminal offenses. 

3 
d. Reservation Membership. To identify and verify the enrollment status of an offender 

in a timely and efficient manner, to aid in investigations and the determination of 

jurisdiction, Reservation officers and County officers shall contact White Earth Dispatch to 

determine enrollment in the Reservation. White Earth Dispatch shall provide enrollment 

status information to the officers. 

e. Reservation Driving and Vehicle Records. To identify and verify driver's license 

and vehicle registration information in a timely and efficient manner, to aid in investigation 

and the determination ofjurisdiction, White Earth dispatch shall provide White Earth 

Reservation driver's license and vehicle registration information to officers investigating an 

offense. 

f. Investigative Reports. In exercising authority under this agreement, Reservation law 

enforcement officers shall prepare investigative reports in accordance with the County's 

procedures, and at the request ofthe Sheriff or County Attorney, shall perform any 

additional or supplemental investigation, including interviewing ofnecessary witnesses or 

the execution of any necessary process including search warrants. 

g. Court Appearances. Reservation officers shall be available for any trial or hearing in 

Becker County District Court and County Officers shall be available for any trial or hearing 

in White Earth Tribal Court upon written notice from the Becker County Attorney or 

Reservation prosecutor, provided that reasonable attempts will be made to accommodate an 

officer's schedule and that necessary continuances will be requested due to officer illness, 

vacation, or other conflicts which may prevent an officer from attending a scheduled 

proceeding. It shall not be necessary to subpoena a Reservation officer or a County Officer 

for their respective appearances, and such officers shall not be entitled to any compensation 

from County or Reservation for making said court appearances. 

h. Civil Regulatory. Ifany Tribal member is issued a citation in State Court by a 

County officer and it turns out the Court does not have jurisdiction over the offense because 

it is a "civil regulatory offense," the citation shall be conveyed to the Chief Law 

Enforcement Officer ofthe Reservation, who will then process the charge in White Earth 

Tribal Court. Ifany individual is cited in White Earth Tribal Court for an offense over 

which the White Earth Tribal Court is found to not have jurisdiction, such offense report 

shall be transferred to the Sheriff ofBecker County, who shall process the charge against the 

individual. 

8. PERSONNEL AND EQUIPMENT 

Each party shall be solely responsible for its own personnel, equipment and supplies, except 

that, when one party furnishes equipment or supplies for the use of the other party's law 

enforcement personnel, such equipment or supplies shall be returned in its original condition 

or shall be repaired or replaced as appropriate and as circumstances permit. Any peace 

officer acting under this agreement shall, at all times, be considered to be an employee ofhis 

or her employing agency. Any peace officer acting under this agreement shall continue to 

be covered by his or her employing agency for purposes ofwages, benefits, workers 

4 
compensation, unemployment compensation, disability, other employee benefits, and civil 

liability purposes. 

9. POLICIES AND PROCEDURES 

In order to avoid conflict and to enhance the law enforcement efforts ofthe County and 

Reservation, the parties shall develop policies and procedures that govern day-to-day 

implementation ofthis agreement. These policies and procedures shall be developed 

through the mutual agreement ofthe Becker County Sheriff and the Director ofPublic 

Safety ofthe Reservation. These policies and procedures may be amended from time to 

time by mutual agreement of the Sheriff and Director of Public Safety. The County and 

Reservation agree to abide by such policies and procedures as if fully set forth in this 

agreement. 

10. CRIME REPORTING OBLIGATION 

The parties agree that any required state or federal crime-reporting obligation shall be 

coordinated with the Becker County Sheriff. The Reservation law enforcement agency shall 

provide the Sheriff's Department with information, reports, and forms sufficient so that the 

Becker County Sheriff's Office can discharge the duties of state crime reporting. All efforts 

will be made to statistically distinguish state crime reporting based upon cases investigated 

by the Reservation law enforcement agency and the County Sheriff's Office. 

11. LIABILITY FOR TORTS AND WAIVER OF SOVEREIGN IMMUNITY 

The Reservation hereby agrees to be subject to liability for the torts ofits officers, 

employees, and the agents acting within the scope oftheir employment or duties arising out 

of a law enforcement agency function conferred by Minnesota Statute Section 626.84, Subd. 

1, paragraph (h), to the same extent as a municipality under Chapter 466 of Minnesota laws. 

The Reservation further agrees, notwithstanding the provisions of Minnesota Statute Section 

16C.05, Subd. 7, to waive its sovereign innnunitywith respect to claims arising from this 

liability. 

12. INSURANCE 

The Reservation will provide to County a copy ofthe certificates ofinsurance it is required 

to file with the Minnesota Board of Peace Officer Standards and Training pursuant to 

paragraph 2 of this agreement. For purposes ofthis agreement, the Reservation shall be 

required to obtain and maintain insurance policies providing coverages for commercial 

general liability, police professional liability, and automobile liability with minimum 

liability limits at the maximum amounts set forth in Minnesota Statute Section 466.04 and 

an annual cap for all occurrences within a year ofthree times the single occurrence amount. 

Failure to maintain the insurance coverage required by this agreement shall cause innnediate 

termination of the agreement. Reservation shall promptly provide Connty with evidence 

that insurance coverage required under this agreement is in full force and effect prior to the 

commencement of any of the activities contemplated by this agreement. At least ten (10) 

5 
days prior to the termination of any such coverage, Reservation shall provide County with 

evidence that such coverage will be renewed or replaced upon termination with insurance 

that complies with these provisions. Such evidence ofinsurance shall be in the form of a 

certificate ofinsurance or in such other form as County may reasonably request and shall 

contain sufficient information to allow County to determine whether there is compliance 

with the provisions of this agreement. All policies ofinsurance required by this agreement 

shall have a provision that requires the insurer to notify County in writing at the same time 

as its insured in the event of cancellation, non-renewal, or material change of any policy. 

Upon cancellation, non-renewal, or material change in any such policy ofinsurance required 

by this agreement, Reservation shall provide written notice of such fact to County 

immediately but, in no event, not less than five days from receipt of such notice from its 

msurer. 

13. DATA PRIVACY 

The Reservation hereby agrees to be subject to and abide by Minnesota Statute Section 

13.82 and any other laws ofthe state relating to data practices oflaw enforcement agencies. 

14. DESIGNATED CONTACT POSITIONS 

The designated position of each party for the purposes of coordinating communications and 

receiving written notices under this agreement shall be as follows: 

For Becker County: Becker County Sheriff, Law Enforcement Center, Becker County 

Courthouse, Detroit Lakes, MN 56501 

For White Earth Reservation: Director of Public Safety, P.O. Box 418, White Earth, MN 

56591 

15. INDEMNIFICATION 

Each party agrees to defend, indemnify and hold harmless the other party for claims or 

damages, including reasonable attorney fees, attributable to the acts or omissions ofthat 

party's officers, agents, or employees arising out ofthe performance ofthis agreement. 

16. EFFECT OF AGREEMENT 

This agreement is limited to law enforcement authority only, and nothing in this agreement 

shall affect any other jurisdictional relationship between the parties. Nothing in this 

agreement shall entitle the Reservation to any fine or penalty revenue allocation under 

Minnesota Statute Section 487.33. 

17. PRIORAGREEMENTS 

This agreement shall replace any and all prior or contemporaneous agreements between the 

parties with respect to law enforcement activities on the White Earth Reservation. The 

6 
parties specifically agree that this agreement shall supersede and replace tliat agreement 

executed between the parties on May 22, 2000, entitled "Cooperative Law Enforcement 

Agreement Between the White Earth Band of Chippewa Indians and Becker County, 

Minnesota." 

18. SEVERABILITY 

The provisions ofthis agreement are severable and, subject to Minnesota Statute Section 

626.93, should any provision herein be held to be invalid or unenforceable, the remainder of 

this agreement shall remain in effect. 

19. TERMINATION 

This agreement may be terminated by either party, with or without cause, upon 30 days' 

written notice to the other party. The written notice shall contain notice ofthe nature of any 

default claimed by the terminating party. Ifthe default is remedied prior to the expiration of 

30 days, the terminating party may elect to withdraw its notice of termination, which 

withdrawal must be in writing provided to the other party. Ifthe notice oftermination is not 

withdrawn, this contract shall terminate upon the expiration ofthe 30 days. 

In the event that this agreement is terminated by either party, the Reservation shall cease to 

act as a law enforcement agency under Minnesota Statute Sections 626.84 and 626.93 in 

Becker County. In the event that this agreement is terminated by one party, the ownership 

of any equipment, which is jointly procured by the parties for the purposes of this 

agreement, shall be distributed between the parties as their interests appear. 

Nothing in this paragraph 19 shall supersede the terms ofparagraph 12 ofthis agreement 

that provides for immediate termination for failure to maintain the insurance coverage 

required by this agreement. 

20. AMENDMENTS 

This agreement shall not be amended except by written instrument executed by the 

signatories below, or their successors in office, and attached to this agreement. 

21. EFFECTNEDATE 

This agreement shall be effective on November 1, 2004, and shall remain in effect unless 

terminated as provided in this agreement. 

22. LAW ENFORCEMENT COMMITTEE 

In order to enhance communication, law enforcement services on the Reservation, and 

problem solving, the parties agree to establish a Law Enforcement Committee. 

7 
a. Composition. The committee shall be composed of the sheriffs from the respective 

counties and the Reservation's Chief of Police. 

b. Meetings. The committee shall meet at least quarterly at times and places agreed 

upon. 

c. Purpose. The committee is the working group implementing this agreement. 

Among other things, the committee may develop and/or revise procedures to improve the 

delivery ofthe law enforcement services under this agreement. 

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Charles LaDue 

Attorney for White Earth Reservation 

BECKER COUNTY 

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COOPERATIVE LAW ENFORCEMENT AGREEMENT 

BETWEEN THE WHITE EARTH RESERVATION OF 

CHIPPEWA INDIANS AND 

CLEARWATER COUNTY, MINNESOTA 

THIS AGREEMENT, made and entered into between the White Earth Reservation of 

Chippewa Indians acting through the White Earth Reservation Business Committee, 

hereinafter referred to as "Reservation," and the county of Clearwater, hereinafter referred to 

as "County," pursuant to the provisions of Minnesota Statute Sections 626.93, Subd. 4 and 

471.59. 

NOW, THEREFORE, the Reservation and County hereby enter into this cooperative 

agreement and agree as follows: 

1. PURPOSES OF AGREEMENT 

The purposes of this agreement are to: 

a. Coordinate, define, and regulate the provision of law enforcement services 

and to provide for mutual aid and cooperation between the Reservation and 

the County relating to enforcement of the laws of the State of Minnesota, and 

laws of the White Earth Reservation, on that portion of the White Earth 

Reservation that lies within Clearwater County. 

b. Establish a process by which the Reservation and the County will work 

together cooperatively to enhance public safety efforts on the White Earth 

Reservation. 

c. Preserve the parties' respective jurisdiction on the White Earth Reservation so 

that neither the Reservation nor the County is conceding any claim to 

jurisdiction by entering into this cooperative agreement. 
2. LAW ENFORCEMENT AUTHORITY OF THE WHITE EARTH RESERVATION 

UNDER MINNESOTA LAW 

The White Earth Reservation is authorized, pursuant and subject to Minnesota 

Statute Section 626.93 to enforce the criminal laws of the State of Minnesota within 

that portion of the White Earth Reservation that lies within Clearwater County if all 

of the following conditions are satisfied: 

a. The Reservation agrees to be subject to liability for its torts and those of its 

officers, employees, and agents acting within the scope of their employment 

or duties arising out of a law enforcement agency function conferred by 

Minnesota Statute section 626.84, Subd. 1, paragraph (h), to the same extent 

as a municipality under Minnesota Statute Chapter 466. 

b. The Reservation waives its sovereign immunity with respect to claims arising 

out of this liability to the same extent as a municipality under Minnesota 

Statute Chapter 466 of Minnesota laws. 

c. The Reservation files with the Minnesota Board of Peace Officer Standards 

and Training a bond or certificate of insurance for liability coverage for the 

maximum amounts set forth in Minnesota Statute Section 466.04. 

d. The Reservation files with the Minnesota Board of Peace Officer Standards 

and Training a certificate of insurance for liability of its law enforcement 

officers, employees, and agents for lawsuits under the United States 

Constitution. 

e. The Reservation agrees to be subject to Minnesota Statute Section 13.82 and 

any other laws of the State of Minnesota relating to data practices of law 

enforcement agencies. 

f. The execution of this agreement by all parties. 

2 
3. IDENTIFICATION OF OFFICERS 

·The Reservation shall provide to County, and the County to the Reservation, a 

current list of all of its duly licensed peace officers and shall at all times keep County 

advised of the names of officers exercising authority pursuant to this agreement. The 

Reservation shall provide to County, and the County to the Reservation, the 

Minnesota POST Board peace officers license number of all officers exercising 

authority under this agreement. It is understood and agreed between the parties that 

no officer who is not duly licensed as a peace officer by the Minnesota POST Board 

shall exercise authority under this agreement. 

4. RESERVATION BOUNDARIES 

This agreement shall encompass that part of the White Earth Reservation located 

within the County of Clearwater. 

5. RETENTION OF COUNTY CRIMINAL JURISDICTION AND 

RESPONSIBILITY 

Nothing in this agreement shall be construed to limit or to release the County or 

Sheriff from criminal jurisdiction or responsibility otherwise possessed by the 

County under applicable law. The Sheriff or officer in control of the Sheriff's Office 

shall have the authority to control any designated crime scene, and law enforcement 

officers of the Reservation will cooperate with the direction of the Sheriff or officer 

in charge. 

6. ENFORCEMENT, INCARCERATION AND PROSECUTION 

a. Law Enforcement. If County officers stop a Reservation member for a civil 

regulatory offense or are involved in a stop for a criminal offense which also 

includes civil regulatory offenses, county officers shall take appropriate 

action which may include writing a report and/or issuing a citation to Tribal 

Court. The Chief of Police of the Reservation shall provide citation books 

and copies of the White Earth Code to the county to enforce civil regulatory 

laws under the Code. 

b. Incarceration. In any matter involving the arrest of an individual by a 

Reservation law enforcement officer under the provisions of this agreement 

that occurs within that part of the White Earth Reservation that lies within 

County, the custody of such individual shall be transferred to the County 

3 
Sheriff and the Sheriff shall be obligated to receive and incarcerate such 

individual pursuant to applicable Minnesota law and in the same manner of 

other incarcerations. 

c. Prosecution. In any matter involving the citation of an individual by a 

Reservation law enforcement officer under the provisions of this agreement 

that occurs within that part of the White Earth Reservation that lies within 

County, the prosecution of such individual shall be by the Clearwater County 

Attorney pursuant to applicable law. 

Paragraphs 6.b. and 6.c. shall not be construed to apply to the incarceration or 

prosecution of Reservation members for alleged violations of the laws of the 

Reservation. 

7. EXCHANGE OF INFORMATION AND COMMUNICATION 

a. Administrative Information. The Reservation and County agree to provide, in 

a timely manner and when requested, information and data necessary to 

implement this agreement. Such information may include, but not be limited 

to, the following: 

(1) information relating to their respective laws; 

(2) information relating to staffing; 

(3) information relating to equipment inventory capabilities; and 

(4) an exchange of office and department law enforcement procedural 

manuals with an ongoing exchange of amended or new policy 

directives or procedures. 

Each party will respond to information requests in accordance with 

Minnesota Government Data Practices Act, Minnesota Statute Chapter 13. 

b. Participation in Dispatch System. County shall enable Reservation law 

enforcement officers to participate in the radio dispatch system of the County 

as necessary to enable Reservation officers to respond to emergencies and 

requests for assistance on the White Earth Reservation. 

4 
c. ICR Generation. Each time a Reservation law enforcement officer 

investigates or responds to a call for service of an alleged violation of State 

criminal law, the Reservation officer shall, as soon as possible, contact the 

county dispatcher so that a CFS ( call for service) or ICR (initial complaint 

report) may be generated. Reservation officers shall use the CFSIICR number 

in addition to any White Earth ICR number on their investigative reports and 

when issuing citations for criminal offenses. 

d. Reservation Membership. To identify and verify the enrollment status of an 

offender in a timely and efficient manner to aid in investigations and the 

determination ofjurisdiction, Reservation officers and county officers shall 

contact White Earth Dispatch to determine enrollment in the Reservation. 

White Earth Dispatch shall provide enrollment status information to the 

officers. 

e. Reservation Driving and Vehicle Records. To identify and verify drivers 

license and vehicle registration information in a timely and efficient manner 

to aid in investigation and the determination ofjurisdiction, White Earth 

dispatch shall provide vehicle registration information to officers 

investigating an offense. 

f. Investigative Reports. In exercising authority under this agreement, 

Reservation law enforcement officers shall prepare investigative reports in 

accordance with the county's procedures, and at the request of the Sheriff or 

County Attorney, shall perform any additional or supplemental investigation, 

including interviewing of necessary witnesses or the execution of any 

necessary process including search warrants. 

g. Court Appearances. Reservation officers shall be available for any trial or 

hearing in Clearwater County District Court and County Officers shall be 

available for any trial or hearing in White Earth Tribal Court upon written 

notice from the Clearwater County Attorney or Reservation prosecutor, 

provided that reasonable attempts will be made to accommodate an officer's 

schedule and that necessary continuances will be requested due to officer 

illness, vacation, or other conflicts which may prevent an officer from 

attending a scheduled proceeding. It shall not be necessary to subpoena a 

Reservation officer or a County Officer for their respective appearances, and 

such officers shall not be entitled to any compensation from County or 

Reservation for making said court appearances. 

5 
h. Gang Activity. The Reservation shall ensure that at least one tribal police 

officer is present at any location on the Reservation where an individual 

suspected of gang activity has been arrested, or at any location on the 

Reservation where an investigation of gang activity is taking place. 

The parties agree that "gang activity" is defined as: a pattern of on-going 

criminal conduct carried out by an organization, association, or group of 

three or more persons, who individually or collectively, engage in criminal 

activity for the benefit of the group and who are known by a common name 

or common identifying sign or symbol. 

1. Civil Regulatory. If any Tribal member is issued a citation in State Court by 

a County officer and it turns out the Court does not have jurisdiction over the 

offense because it is a "civil regulatory offense," the citation shall be 

conveyed to the Chief Law Enforcement Officer of the Reservation, who will 

then process the charge in White Earth Tribal Court. If any individual is cited 

in White Earth Tribal Court for an offense over which the White Earth Tribal 

Court is found to not have jurisdiction, such offense report shall be 

transferred to the Sheriff of Clearwater County, who shall process the charge 

against the individual. 

8. PERSONNEL AND EQUIPMENT 

Each party shall be solely responsible for its own personnel, equipment and supplies, 

except that, when one party furnishes equipment or supplies for the use of the other 

party's law enforcement personnel, such equipment or supplies shall be returned in 

its original condition or shall be repaired or replaced as appropriate and as 

circumstances permit. Any peace officer acting under this agreement shall, at all 

times, be considered to be an employee of his or her employing agency. Any peace 

officer acting under this agreement shall continue to be covered by his or her 

employing agency for purposes of wages, benefits, workers compensation, 

unemployment compensation, disability, other employee benefits and civil liability 

purposes. 

9. POLICIES AND PROCEDURES 

In order to avoid conflict and to enhance the law enforcement efforts of the County 

and Reservation, the parties shall develop policies and procedures that govern daytoday implementation of this agreement. These policies and procedures shall be 

developed through the mutual agreement of the Clearwater County Sheriff and the 

Chief of Police of the Reservation. These policies and procedures may be amended 

6 
from time to time by mutual agreement of the Sheriff and Director of Public Safety. 

The County and Reservation agree to abide by such policies and procedures as if 

fully set forth in this agreement. 

10. CRIME REPORTING OBLIGATION 

The parties agree that any required state or federal crime reporting obligation shall 

be coordinated with the Clearwater County Sheriff. The Reservation law 

enforcement agency shall provide the Sheriff's Department with information, reports 

and forms sufficient so that the Clearwater County Sheriff's Office can discharge the 

duties of state crime reporting. All efforts will be made to statistically distinguish 

state crime reporting based upon cases investigated by the Reservation law 

enforcement agency and the County Sheriff's Office. 

11. LIABILITY FOR TORTS AND LIMITED W AIYER OF SOVEREIGN 

IMMUNITY 

The Reservation hereby agrees to be subject to liability for the torts of its officers, 

employees, and the agents acting within the scope of their employment or duties 

arising out of a law enforcement agency function conferred by Minnesota Statute 

Section 626.84, Subd. I, paragraph (h) to the same extent as a municipality under 

Chapter 466 of Minnesota laws. The Reservation further agrees, notwithstanding the 

provisions of Minnesota Statute Section 16C.05, subd. 7, to waive its sovereign 

immunity with respect to claims arising from this liability. 

12. INSURANCE 

The Reservation will provide to County a copy of the certificates of insurance it is 

required to file with the Minnesota Board of Peace Officer Standards and Training 

pursuant to paragraph 2 of this agreement. For purposes of this agreement, the 

Reservation shall be required to obtain and maintain insurance policies providing J 

coverages for commercial general liability, police professional liability, and 

automobile liability with minimum liability limits at the maximum amounts set forth 

in Minnesota Statute Section 466.04. Failure to maintain the insurance coverage 

required by this agreement shall cause immediate termination of the agreement. 

Reservation shall promptly provide County with evidence that insurance coverage 

required under this agreement is in full force and effect prior to the commencement 

of any of the activities contemplated by this agreement. At least ten (10) days prior 

to the termination of any such coverage, Reservation shall provide County with 

evidence that such coverage will be renewed or replaced upon termination with 

insurance that copies with these provisions. Such evidence of insurance shall be in 

7 
the form of a certificate of insurance or in such other form as County may 

reasonably request and shall contain sufficient information to allow County to 

determine whether there is compliance with the provisions of this agreement. All 

. policies of insurance required by this agreement shall have a provision that requires 

the insurer to notify County in writing at the same time as its insured in the event of 

cancellation, non-renewal, or material change of any policy. Upon cancellation, nonrenewal, or material change in any such policy of insurance required by this 

agreement, Reservation shall provide written notice of such fact to County 

immediately but, in no event, not less than five days from receipt of such notice from 

its insurer. 

13. DATAPRIVACY 

The Reservation hereby agrees to be subject to and abide by Minnesota Statute 

Section 13.82 and any other laws of the state relating to data practices of law 

enforcement agencies. 

14. DESIGNATED CONTACT POSITIONS 

The designated position of each party for the purposes of coordinating 

communications and receiving written notices under this agreement shall be as 

follows: 

For Clearwater County: Clearwater County Sheriff, Mike Erickson, 213 Main 

Avenue North, Dept. 102, Bagley, MN 56621. 

For White Earth Reservation: Chief of Police, P.O. Box 418, White Earth, MN 

56591 

15. INDEMNIFICATION 

Each party agrees to defend, indemnify and hold harmless the other party for claims 

or damages, including reasonable attorney fees, attributable to the acts or omissions 

of that party's officers, agents or employees arising out of the performance of this 

agreement. 

16. EFFECT OF AGREEMENT 

This agreement is limited to law enforcement authority only, and nothing in this 

agreement shall affect any other jurisdictional relationship between the parties. 

8 
Nothing in this agreement shall entitle the Reservation to any fine or penalty revenue 

allocation under Minnesota Statue Section 484.90. 

17. PRIOR AGREEMENTS 

This agreement shall replace any and all prior or contemporaneous agreements 

between the parties with respect to law enforcement activities on the White Earth 

Reservation. 

18. SEVERABILITY 

The provisions of this agreement are severable and, subject to Minnesota Statute 

Section 626.93, should any provision herein be held to be invalid or unenforceable, 

the remainder of this agreement shall remain in effect. 

19. TERMINATION 

This agreement may be terminated by either Party, with or without cause, upon){( 60 

days' written notice to the other party. The written notice shall contain notice ofthe 

nature of any default claimed)J3..the terminating party. If the default is remedied 

prior to the expiration of)ffcfa'ys, the terminating party may elect to withdraw its 

notice of termination, which withdrawal must be in writing provided to the other 

party. If the notice of termi~_!.i,on is not withdrawn, this contract shall terminate 

upon the expiration of)ffdlfy~ In the event that this agreement is terminated by 

either party, the Reservation shall cease to act as a state law enforcement agency 

under Minnesota Statute Section 626.84 and 626.93, in Clearwater County. In the 

event that this agreement is terminated by one party, the ownership of any equipment 

which is jointly procured by the parties for the purposes of this agreement shall be 

distributed between the parties as their interests appear. Nothing in this paragraph 

shall supersede the terms of paragraph 12 of this agreement which provides for 

immediate termination for failure to maintain the insurance coverage required by this 

agreement. 

20. AMENDMENTS 

This agreement shall not be amended except by written instrument executed by the 

signatories below, or their successors in office, and attached to this agreement. 

9 
21. EFFECTIVE DATE 

This agreement shall be effective on May 23, 2007 and shall remain in effect 

unless terminated as provided in this agreement. 

The parties agree that this agreement shall be reviewed by the parties no later than 

two years from the effective date set out above. 

22. LAW ENFORCEMENT COMMITTEE 

In order to enhance communication, law enforcement services on the Reservation, 

and problem solving, the parties agree to establish a Law Enforcement Committee. 

1. Composition. The committee shall be composed of the Clearwater County 

Sheriff and the Reservation's Chief of Police. 

2. Meetings. The Committee shall meet at least quarterly at times and places 

agreed upon, the first meeting being held within thirty (30) days of the adoption of 

this agreement. 

3. Purpose. The Committee is the working group implementing this agreement. 

Among other things, the Committee may develop and/or revise procedures to 

improve the delivery of the law enforcement services under this agreement. 

23. MINNESOTA DEPARTMENT OF PUBLIC SAFETY 

Once this agreement has been consummated, a copy of the agreement shall be sent to 

the Minnesota Attorney General's Office and the Minnesota Bureau of Criminal 

Apprehension (BCA). The Minnesota BCA, in turn, may grant Reservation access to 

the Criminal Justice Information System (CJIS) and Driver and Vehicle Registration 

Records as a sanctioned law enforcement agency. 
/ 

... 

\ 

App~d 

___ 

r, to form and lex1~u 

By: ~W..--

- Oiarles W. 1aDue 

~ 

-=&w~~ 

Attorney for White F.arth Reservation 

Dated: 5/)Vo? 

Dated: 5/.J- ~ /0 ?

Dated: 0/48/4 

11 

~~~ 
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i--+..---t-r.-i--rK'C"-.--,K~i---#-------+- :-~7 ° 
 

 

 

 

 

COOPERATIVE LAW ENFORCEMENT AGREEMENT 

BETWEEN THE WHITE EARTH RESERVATION OF CHIPPEWA INDIANS 

AND MAHNOMEN COUNTY, MINNESOTA 

THIS AGREEMENT, made and entered into between the White Earth Reservation of Chippewa 

Indians action through the White Earth Reservation Business Committee, hereinafter referred to as 

“Reservation,” and the County of Mahnomen, here and after referred to as “County,” pursuant to the 

provisions of Minnesota Statute Section 626.93 Subd. 4 and 471.59, and with mediation assistance 

provided by the U.S. Department of Justice Community Relations Service. 

NOW, THEREFORE, the Reservation and the County hereby enter into this cooperative agreement 

and agree as follows: 

1. PURPOSES OF AGREEMENT 

The purposes of this Agreement are to: 

a. Coordinate, define, and regulate the provision of law enforcement services, and to 

provide for mutual aid and cooperation between the Reservation and the County relating 

to the enforcement of the laws of the State of Minnesota, and the laws of the White Earth 

Reservation, on that portion of the White Earth Reservation that lies within Mahnomen 

County. 

b. Establish a process by which the Reservation and the County will work together 

cooperatively to enhance public safety efforts on the White Earth Reservation. 

c. Preserve the parties’ respective jurisdiction on the White Earth Reservation so that 

neither the Reservation nor the County is conceding or making any claim to jurisdiction 

by entering into this Cooperative Agreement. 

2. LAW ENFORCEMENT AUTHORITY OF THE WHITE EARTH RESERVATION 

UNDER MINNESOTA LAW 

The White Earth Reservation is authorized, pursuant and subject to the Minnesota Statute 

Section 626.93 to enforce the criminal laws of the State of Minnesota within that portion of 

the White Earth Reservation that lies within Mahomen County if all of the following 

conditions are satisfied: 

a. The Reservation agrees to be subject to liability for its torts and those of its officers, 

employees, and agents acting within the scope of their employment or duties arising out 

of a law enforcement agency function conferred by Section 626.84, Subd. 1, paragraph (h), 

to the same extent as a municipality under Chapter 466 of Minnesota laws. 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 1 of 13 
 

 

b. The Reservation waives its sovereign immunity with respect to claims arising out of this 

liability to the same extent as a municipality under Chapter 466 of Minnesota laws. 

c. The Reservation files with the Minnesota Board of Peace Officer Standards and Training 

a bond or certificate of insurance for liability coverage for the maximum amounts set forth 

in Minnesota Statute Section 466.04. 

d. The Reservation files with the Minnesota Board of Peace Officer Standards and Training 

a certificate of insurance for liability of its law enforcement officers, employees, and 

agents for lawsuits under the United States Constitution. 

e. The Reservation agrees to be subject to Minnesota Statute Section 13.82 and any other 

laws of the State of Minnesota relating to data practices of law enforcement agencies. 

f. The execution of the Agreement by all parties. 

3. IDENTIFICATION OF OFFICERS 

The Reservation shall provide to County, and the County to the Reservation, a current list of 

all of its duly licensed peace officers and shall at all times keep County advised of the names 

of officers exercising authority pursuant to this Agreement. The Reservation shall provide to 

County, and the County to the Reservation, the Minnesota POST Board peace officers license 

number of all officers exercising authority under this Agreement. It is understood and agreed 

between the parties that no officer who is not duly licensed as a peace officer by the Minnesota 

POST Board shall exercise authority under this Agreement. 

4. RESERVATION BOUNDARIES 

This Agreement shall encompass that part of the White Earth Reservation located within the 

County of Mahnomen that is identified by the map attached hereto as EXHIBIT A. 

5. RETENTION OF COUNTY CRIMINAL JURISDICTION AND RESPONSIBILITY 

Nothing in this Agreement shall be construed to limit or to release the County or Sheriff from 

criminal jurisdiction or responsibility otherwise possessed by the County under applicable law. 

The Sheriff or officer in control of the Sheriff's Office shall have the authority to control any 

designated crime scene, and law enforcement officers of the Reservation will cooperate with 

the direction of the Sheriff or officer in charge. 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 2 of 13 
 

 

 

 

 

 

 

 

Reservation officers agree their primary responsibility is for the area of Nay-Tah-Waush and 

surrounding tribally owned land. This, however, does not limit the jurisdiction of either party 

in or to that area. 

Both the County and the Reservation agree to maintain, except in the case of an emergency, 

at least one (1) deputy on-duty in the vicinity of Nay-Tah-Waush. 

All parties mutually agree that the Minnesota State Highway Patrol shall have primary 

responsibility for patrolling state highways within Mahnomen County. 

6. ENFORCEMENT, INCARCERATION, AND PROSECUTION 

a. Law enforcement. If County officers stop a Reservation member for a civil regulatory 

offense or are involved in a stop for a criminal offense, which also includes civil regulatory 

offenses, county officers shall take appropriate action, which may include writing a report 

and/or issuing a citation to Tribal Court. The chief law enforcement officer of the 

Reservation shall provide citation books and copies of the White Earth Code to the County 

to enforce civil regulatory laws under the Code. If Tribal officers stop non-members, 

whether for civil or criminal, Tribal officers shall write a report and/or issue a citation to 

District Court. 

b. Incarceration. In any matter involving the arrest of an individual by a Reservation law 

enforcement officer under the provisions of this Agreement that occurs within the part of 

the White Earth Reservation that lies within the County, the custody of such individual 

shall be transferred to the County Sheriff and the Sheriff shall be obligated to receive and 

incarcerate such individual pursuant to applicable Minnesota law and in the same manner 

of other incarcerations. 

c. Prosecution. In any matter involving the citation of an individual by a Reservation law 

enforcement officer under the provisions of this Agreement that occurs within that part of 

the White Earth Reservation that lies within County, the prosecution of such individuals 

shall be by the Mahnomen County Attorney pursuant to applicable law. 

Paragraphs 6.b. and 6.c. shall not be construed to apply to the incarceration or prosecution of 

Reservation members for alleged violations of the laws of the Reservation. 

7. EXCHANGE OF INFORMATION AND COMMUNICATION 

a. Administrative Information. The Reservation and County agree to provide, in a timely 

manner and when requested, information and data necessary to implement this Agreement. 

Such information may include, but is not limited to the following: 

(1) information relating to their respective laws; 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 3 of 13 
 

 

 

 

 

 

 

 

 

(2) information relating to staffing; 

(3) information relating to equipment inventory capabilities, and 

(4) an exchange of office and department law enforcement procedural manuals with an 

ongoing exchange of amended or new policy directives or procedures. 

Each party will respond to information requests in accordance with Minnesota 

Government Data Practices Act, Minnesota Statute Chapter 13. 

b. Participation in Dispatch System. County shall enable Reservation law enforcement 

officers to participate in the radio dispatch system of the County as necessary to enable 

Reservation officers to respond to emergencies and requests for assistance on the White 

Earth Reservation. 

c. ICR Generation. Each time a Reservation law enforcement officer investigates or 

responds to a call for service of an alleged violation of State criminal law, the Reservation 

OFFICER shall, as soon as possible, contact the County dispatcher so that a CFS (call for 

service) or ICR (initial complaint report) may be generated. Reservation officers shall use 

the CFS/ICR number in addition to any White Earth ICR Number on their investigative 

reports and when issuing citations for criminal offenses. 

d. Reservation Membership. To identify and verify the enrollment status of an offender 

in a timely and efficient manner to aid in investigations and the determination of 

jurisdiction, Reservation officers and County officers shall contact White Earth Dispatch 

to determine enrollment in the Reservation. White Earth Dispatch shall provide enrollment 

status information to the officers. 

e. Reservation Driving and Vehicle Records. To identify and verify driver’s license and 

vehicle registration information in a timely and efficient manner to aid in investigations 

and the determination of jurisdiction, White Earth dispatch shall provide White Earth 

Reservation driver’s license and vehicle registration information to officers investigating 

an offense. 

f. Investigative Reports. In exercising authority under this Agreement, Reservation law 

enforcement officers shall prepare investigative reports in accordance with the County’s 

procedures, and at the request of the Sheriff or County Attorney, shall perform any 

additional or supplemental investigation, including interviewing of necessary witnesses or 

the execution of any necessary process including search warrants. 

g. Court Appearances. Reservation officers shall be available for any trial or hearing in 

Mahnomen County District Court and County officers shall be available for any trial or 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 4 of 13 
 

 

 

 

hearing in White Earth Tribal Court upon written notice from the Mahnomen County 

Attorney or Reservation Prosecutor, provided that reasonable attempts will be made to 

accommodate an officer’s schedule and that necessary continuances will be requested due 

to officer’s illness, vacation, or other conflicts which may prevent an officer from attending 

a scheduled proceeding. It shall not be necessary to subpoena a Reservation officer or a 

County officer for their respective appearances, and such officers shall not be entitled to 

any compensation from County or Reservation for making said court appearances. 

h. Gang Activity. The Reservation shall ensure that, at least, one tribal police officer is 

present at any location where an individual suspected of gang activity has been arrested, 

or at any location where an investigation of gang activity is taking place. 

i. Civil Regulatory. If any Tribal member is issued a citation in State Court by a County 

officer and it turns out the Court does not have jurisdiction over the offense because it is a 

“civil regulatory offense,” the citation shall be conveyed to the Chief Law Enforcement 

Officer of the Reservation, who will then process the charge in White Earth Tribal Court. 

If any individual is cited in White Earth Tribal Court for an offense over which the White 

Earth Tribal Court is found to not have jurisdiction, such offense report shall be transferred 

to the Sheriff of Mahnomen County, who shall process the charge against the individual. 

8. PERSONNEL AND EQUIPMENT 

Each party shall be solely responsible for its own personnel, equipment and supplies, except 

that, when one party furnishes equipment or supplies for the use of the other party’s law 

enforcement personnel, such equipment or supplies shall be returned in its original condition 

or shall be repaired or replaced as appropriate and as circumstances permit. Any peace officer 

acting under this agreement shall, at all times, be considered to be an employee of his or her 

employing agency. Any peace officer acting under this Agreement shall continue to be covered 

by his or her employing agency for purposes of wages, benefits, workers compensation, 

unemployment compensation, disability, other employee benefits, and civil liability purposes. 

9. POLICIES AND PROCEDURES 

In order to avoid conflict and to enhance the law enforcement efforts of the County and 

Reservation, the parties shall develop policies and procedures that govern day-to-day 

implementation of this Agreement. These policies and procedures shall be developed through 

the mutual agreement of the Mahnomen County Sheriff and the Director of Public Safety of 

the Reservation. These policies and procedures may be amended from time to time by mutual 

agreement of the Sheriff and Director of Public Safety. The County and Reservation agree to 

abide by such policies and procedures as if fully set forth in this Agreement. 

10. CRIME REPORTING OBLIGATION 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 5 of 13 
 

 

 

 

 

The parties agree that any required state or federal crime-reporting obligation shall be 

coordinated with the Mahnomen County Sheriff. The Reservation law enforcement agency 

shall provide the Sheriff's Department with information, reports, and forms sufficient so that 

the Mahnomen County Sheriff's Office can discharge the duties of state crime reporting. All 

efforts will be made to statistically distinguish state crime reporting based upon cases 

investigated by the Reservation law enforcement agency and the County Sheriff's Office. 

11. LIABILITY FOR TORTS AND WAIVER OF SOVEREIGN IMMUNITY 

The Reservation hereby agrees to be subject to liability for the torts of its officers, employees, 

and the agents acting within the scope of their employment or duties arising out of a law 

enforcement agency function conferred by Minnesota Statute Section 626.84, Subd. 1, 

paragraph (h), to the same extent as a municipality under Chapter 466 of Minnesota laws. The 

Reservation further agrees, notwithstanding the provisions of Minnesota Statute Section 

16C.05, Subd. 7, to waive its sovereign immunity with respect to claims arising from this 

liability. 

12. INSURANCE 

The Reservation will provide to County a copy of the certificates of insurance it is required to 

file with the Minnesota Board of Peace Officer Standards and Training pursuant to paragraph 

2 of this Agreement. For purposes of this Agreement, the Reservation shall be required to 

obtain and maintain insurance policies providing coverage for commercial general liability, 

police professional liability, and automobile liability with minimum liability limits at the 

maximum amounts set forth in Minnesota Statute Section 466.04. Failure to maintain the 

insurance coverage required by this Agreement shall cause immediate termination of the 

Agreement. Reservation shall promptly provide County with evidence that insurance coverage 

required under this Agreement is in full force and effect prior to the commencement of any of 

the activities contemplated by this agreement. At least 10 (ten) days prior to the termination 

of any such coverage, Reservation shall provide County with evidence that such coverage will 

be renewed or replaced upon termination with insurance that coincides with these provisions. 

Such evidence of insurance shall be in the form of a certificate of insurance or in such other 

form as County may reasonably request and shall contain sufficient information to allow 

County to determine whether there is compliance with the provisions of this Agreement. All 

policies of insurance required by this Agreement shall have a provision that requires the insurer 

to notify County in writing at the same time as its insured in the event of cancellation, nonrenewal, or material change of any policy. Upon cancellation, non-renewal, or material change 

in any such policy of insurance required by this Agreement, Reservation shall provide written 

notice of such fact to County immediately but, in no event, not less than five (5) days from 

receipt of such notice from its insurer. 

13. DATA PRIVACY 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 6 of 13 
 

 

 

 

 

 

 

The Reservation hereby agrees to be subject to and abide by Minnesota Statute Section 13.82 

and any other laws of the state relating to data practices of law enforcement agencies. 

14. DESIGNATED CONTACT POSITIONS 

The designated position of each party for the purposes of coordinating communication and 

receiving written notice under this Agreement shall be as follows: 

FOR MAHNOMEN COUNTY: MAHNOMEN COUNTY SHERIFF, LAW 

ENFORCEMENT CENTER, 311 NW MAIN ST., MAHNOMEN, MN 56557. 

FOR WHITE EARTH RESERVATION: DIRECTOR OF PUBLIC SAFETY, P.O. BOX 

418, WHITE EARTH, MN 56591. 

15. INDEMNIFICATION 

Each party agrees to defend, indemnify and hold harmless the other party for claims or 

damages, including reasonable attorney fees, attributable to the acts or omissions of that 

party’s officers, agents, or employees arising out of the performance of this Agreement. 

16. EFFECT OF AGREEMENT 

This Agreement is limited to law enforcement authority only, and nothing in this Agreement 

shall affect any other jurisdictional relationship between the parties. Nothing in this Agreement 

shall entitle the Reservation to any fine or penalty revenue allocation under Minnesota Statute 

Section 487.33. 

17. PRIOR AGREEMENTS 

This Agreement shall replace any and all prior or contemporaneous agreements between the 

parties with respect to law enforcement activities on the White Earth Reservation. 

18. SEVERABILITY 

The provisions of this Agreement are severable and, subject to Minnesota Statute Section 

626.93, should any provision herein be held to be invalid or unenforceable, the remainder of 

this Agreement shall remain in effect. 

19. TERMINATION 

This agreement may be terminated by either party, with or without cause, upon 30 days’ 

written notice to the other party. The written notice shall contain notice of the nature of any 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 7 of 13 
 

 

 

 

 

 

default claimed by the terminating party. If the default is remedied prior to the expiration of 

30 days, the terminating party may elect to withdraw its notice of termination, which 

withdrawal must be in writing provided to the other party. If the notice of termination is not 

withdrawn, this contract shall terminate upon the expiration of the 30 days. 

In the event that either party terminates this Agreement, the Reservation shall cease to act as 

a state law enforcement agency under Minnesota Statute Section 626.84 and 626.93, in 

Mahnomen County. In the event that one party terminates this Agreement, the ownership of 

any equipment, which is jointly procured by the parties for the purposes of this Agreement, 

shall be distributed between the parties as their interests appear. 

Nothing in this paragraph shall supersede the terms of paragraph 12 of this Agreement that 

provides for immediate termination for failure to maintain the insurance coverage required by 

this Agreement. 

20. AMENDMENTS 

This Agreement shall not be amended except by written instrument executed by the signatories 

below, or their successors in office, and attached to this Agreement. 

21. EFFECTIVE DATE 

This Agreement shall be effective on MONTH DAY, YEAR, and shall remain in effect unless 

terminated as provided in this Agreement. 

22. LAW ENFORCEMENT COMMITTEE 

In order to enhance communication, law enforcement services on the Reservation, and 

problem solving, the parties agree to establish a Law Enforcement Committee. 

a. Composition. The Committee shall be composed of the Sheriffs from the respective 

Counties and the Reservation’s Chief of Police. 

b. Meetings. The Committee shall meet at least quarterly at times and places agreed upon. 

The first of such meetings shall commence meeting within thirty (30) days after signing 

the Agreement. 

c. Purpose. The Committee is the working group implementing this Agreement. Among other 

things, the Committee may develop and/or revise procedures to improve the delivery of 

the law enforcement services under this Agreement. 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 8 of 13 
 

23. MINNESOTA DEPARTMENT OF PUBLIC SAFETY 

Once this Agreement has been consummated, a copy of the Agreement shall be sent to the 

Minnesota Attorney General’s Office and the Minnesota Bureau of Criminal Apprehension 

(BCA). The Minnesota BCA, in turn, may grant Reservation access to the Criminal Justice 

Information System (CJIS) and Driver and Vehicle Registration Records as a sanctioned law 

enforcement agency. 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 9 of 13 
 

 

MAHNOMEN COUNTY 

On October 21, 2003 at the Mahnomen County Board Meeting the Cooperative Law 

Enforcement Agreement was brought before the Mahnomen County Board and a roll-call 

vote was taken on this subject. When called upon all those in favor say aye, those not in 

favor say nay. 

Ayes Nays 

Ahmann, Karen x 

Dahl, Jerry x 

Eid, Wally x 

Pazdernik, Charles x 

Peterick, John x 

Motion carried. 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 10 of 13 
 

 

 

 

 

 

 

 

 

_______________________________________ 

_______________________________________ 

WHITE EARTH TRIBAL COUNCIL 

A/K/A WHITE EARTH BUSINESS COMMITTEE 

WHITE EARTH BAND OF CHIPPEWA INDIANS 

RESOLUTION NO. 001-04-007 

WHEREAS, the White Earth Band of Chippewa Indians d/b/a/ the White Earth 

Reservation Business Committee a/k/a White Earth Reservation Tribal Council pursuant to Article 

1 Subsection 3, Article 6 Section 1(c) of the Revised Constitution and Bylaws of the Minnesota 

Chippewa Tribe as organized under Section 16 of the Act of June 18, 1934, (48 Stat. 984), as 

amended; and 

WHEREAS, the White Earth Band of Chippewa Indians has developed a Reservationwide law enforcement program; and 

WHEREAS, Minnesota Statutes §626.93 subd. 4 and Minnesota Statutes §471.59 

authorize the White Earth Band of Chippewa Indians to enter into an Agreement with various 

Counties for the provision of law enforcement services and reciprocal licensing of Officers; and 

WHEREAS, the White Earth Band of Chippewa Indians and Mahnomen County have 

negotiated an Agreement for the coordination and regulation of law enforcement services between 

the White Earth Band of Chippewa Indians and Mahnomen County; and 

WHEREAS, the Tribal Council has had an opportunity to review the Cooperative Law 

Enforcement Agreement between the White Earth Band of Chippewa Indians and Mahnomen 

County, Minnesota; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Chairman and SecretaryTreasurer are authorized to sign the Cooperative Law Enforcement Agreement between the White 

Earth Band of Chippewa Indians and Mahnomen County, Minnesota, as provided in the final 

revised agreement dated December 11, 2003. 

We do hereby certify that the foregoing ordinance was duly presented and acted upon by a 

vote of 2 _ FOR, 1 _ AGAINST, ____ SILENT, and __1__ ABSENT at a meeting of the 

White Earth Reservation Business Committee, a quorum being present, held on the ____ day of 

December, 2003, at Mahnomen, Minnesota. 

Doyle Turner, Chairman 

Franklin “Bud” Heisler, Secretary-Treasurer 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 11 of 13 
 

 

 

 

 

 

 

 

 

 

 

 

 

WHITE EARTH RESERVATION OF CHIPPEWA INDIANS 

Dated: __________________________ By: __________________________________ 

Chairman 

Dated: __________________________ By: __________________________________ 

Secretary/Treasurer 

Dated: __________________________ Approved as to form and execution: 

By: __________________________________ 

Attorney for White Earth Reservation 

MAHNOMEN COUNTY 

Dated: __________________________ 

__________________________ 

__________________________ 

By: __________________________________ 

 __________________________________ 

 __________________________________ 

Chairman, Board of Commissioners 

Dated: By:

Auditor 

Dated: Approved as to form and execution: 

By:

Mahnomen County Attorney 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 12 of 13 
 

WITNESSED BY 

Dated: __________________________ __________________________________ By:

(This document listed signature lines for the following as Witnessed By): 

U.S. Department of Justice, United States Attorney 

Minnesota Assistant Attorney General 

U.S. Department of Justice, Community Relations Service 

White Earth District 1 Representative 

White Earth District 2 Representative 

White Earth District 3 Representative 

White Earth Director of Public Safety 

White Earth Chief of Police 

Mahnomen County District 1 Representative 

Mahnomen County District 2 Representative 

Mahnomen County District 3 Representative 

Mahnomen County District 4 Representative 

Mahnomen County Sheriff 

Mahnomen County Cooperative Law Enforcement Agreement 

Page 13 of 13