AGREEMENT BETWEEN THE 

NEW MEXICO STATE POLICE 

AND 

THE NAVAJO TRIBE 

WHEREAS the Legislature of the State of New Mexico has granted authority to the Chief 

of the New Mexico State Police to issue commissions as New Mexico Peace Officers to members 

of the police or sheriff’s department of any New Mexico Indian tribe or pueblo or a law 

enforcement officer employed by the Bureau of Indian Affairs, Section 29-1-11, N.M.S.A., 1978; 

and 

WHEREAS the New Mexico State Police and the _________Navajo Tribe________ 

(hereinafter referred to as the “Department”) desire to effectuate such legislative authorization 

according to the terms and conditions contained in this Agreement; 

NOW, THEREFORE, in consideration of the premises and the mutual promises and 

conditions hereinafter set forth, the Chief of the New Mexico State Police and the duly authorized 

official or officials of the Department agree as follows: 

Section 1, Commissions: 

A. “Commission,” as hereinafter referred to in this Agreement, shall mean a 

commission to act as a New Mexico Peace Officer issued by the Chief of the New 

Mexico State Police. Upon receiving a request from the Department, the Chief of 

the New Mexico State Police shall supply to the Department applications for 

commissions to act as New Mexico Peace Officers pursuant to this Agreement. 

These applications shall be completed and returned to the Chief of the New Mexico 

State Police who shall grant or deny each application within a reasonable period of 

time. 

B. An application for a commission will not be granted by the Chief of the New 

Mexico State Police in the absence of compliance with the following requirements: 

1. The applicant has complied with all of the prerequisites for permanent 

appointment as a police officer as set forth in Section 29-7-8A, N.M.S.A., 1978, 

said prerequisites being as follows: 

a) is a citizen of the United States, and has reached the age of majority; 

b) holds a High School diploma or the equivalent; 
 

 

 

 

 

 

c) has not been convicted of a felony or other crime involving moral turpitude; 

d) is found, after examination by a licensed physician, to be free of any 

physical, emotional or mental condition which might adversely affect his or 

her performance as a police officer; 

e) has met such other requirements as may be prescribed by the New Mexico 

Law Enforcement Academy Board; and 

f) has previously been awarded a certificate by the Director of the New 

Mexico Law Enforcement Academy attesting to such applicant’s 

satisfactory completion of an approved basic law enforcement training 

program. 

2. The Department (unless said department is the Bureau of Indian Affairs) 

submits proof of adequate public liability and property damage insurance for 

vehicles operated by peace officers and police professional liability insurance 

covering the Department and each of its peace officers commissioned pursuant 

to this Agreement from a company licensed to sell insurance in the State of New 

Mexico. Such policies shall be exhibited to the Chief of the New Mexico State 

Police upon his request, are subject to his approval, and shall be in the amount 

and shall contain such terms and conditions as may be required by the Chief of 

the New Mexico State Police. 

3. The applicant for a commission has successfully completed a basic law 

enforcement training program which consists of at least 240 hours of basic 

police training and is approved by the Director of the New Mexico Law 

Enforcement Academy 

4. In addition to the basic law enforcement training program which has been 

approved by the Director of the New Mexico Law Enforcement Academy, the 

applicant for a commission has successfully completed the New Mexico State 

Police course for applicants for said commission consisting of approximately 

40 hours of training. This training shall include instructions in the New Mexico 

Court system, New Mexico Motor Vehicle Code, New Mexico Criminal Code, 

New Mexico traffic and criminal procedures and other related matters as 

determined necessary by the New Mexico State Police. The Department agrees 

to reimburse the New Mexico State Police for reasonable costs incurred during 

this instruction process, e.g., reproduction costs, the necessary materials, 

supplies, etc., provided to the applicants or the Department by the New Mexico 

State Police. These costs are to be agreed upon by the Department and the Chief 

of the New Mexico State Police prior to the beginning of the 40 hour course of 

instruction or prior to said materials, supplies, etc., being provided to the 

applicants or the Department. There will be no charge by the New Mexico State 
 

 

 

Police for the necessary New Mexico State Police person-hours involved in the 

40 hour training process. 

C. After compliance with the prerequisites of Section 1, Commissions, Paragraph B, the 

Chief of the New Mexico State Police will issue a commission hereunder unless he 

determines, in his discretion, that grounds exist for denying the applicant a commission. 

D. The Chief of the New Mexico State Police may, at any time, suspend any commission 

for reasons solely within his discretion. Within ten (10) days of receipt of verbal or 

written notice of suspension from the Chief of the New Mexico State Police, the 

Department shall cause the commission to be returned to the Chief of the New Mexico 

State Police, unless otherwise directed by the Chief of the New Mexico State Police. 

The reasons for suspension include, but are not limited to, the following: 

1. Termination of the peace officer, voluntarily or involuntarily, from the 

Department’s law enforcement unit or agency. 

2. Transfer or reassignment of the peace officer out of the area to which this agreement 

is applicable set forth in Section 2, Territorial Limitations. 

3. Conviction of the peace officer of a felony or other crime involving moral turpitude. 

4. Upon examination by a licensed physician, the peace officer is found not to be free 

of any physical, emotional or mental condition which might adversely affect his or 

her performance as a peace officer. 

E. The Department shall inform the Chief of the New Mexico State Police of the 

existence of any grounds, including those set forth under Section 1, Commissions, 

Paragraph D., of this Agreement, for suspending a commission. 

F. The Department will receive written notice from the Chief of the New Mexico State 

Police if a commission is denied or suspended as provided in this Agreement with the 

reason stated therein. The decision of the Chief of the New Mexico State Police to 

suspend a commission, whether temporarily, indefinitely or permanently, shall be 

final. 

G. This Agreement, or any commission issued pursuant to it, shall not confer any 

authority on a Tribal court or other Tribal authority which that court or authority 

would not otherwise have. 

Section 2, Territorial Limitation: 

The authority conferred by this Agreement shall be coextensive with the exterior 

boundaries of the Department’s (unless the department is the Bureau of Indian Affairs) reservation 

boundaries. If the department is the Bureau of Indian Affairs, the authority conferred by this 
 

 

 

 

Agreement shall be coextensive with the boundaries of the reservation or reservations to which the 

law enforcement officer employed by the Bureau of Indian Affairs is assigned. An exception to 

the provisions herein contained concerning territorial limitation is that a peace officer 

commissioned under this Agreement may proceed in hot pursuit of an offender beyond the exterior 

boundaries of the reservation or reservations. 

Section 3, Scope of Powers Granted: 

A. Peace Officers commissioned pursuant to this Agreement shall have all the powers of 

New Mexico Peace Officers to enforce state laws in New Mexico, including but not 

limited to the power to make arrests for violations of state laws. 

B. Peace Officers commissioned pursuant to this Agreement shall comply with the 

applicable statutory provisions concerning enforcement of the laws of New Mexico. 

Section 4, Uniform Traffic Citations: 

A. Peace Officers commissioned pursuant to this Agreement, when acting pursuant to 

said commission, shall use the New Mexico Uniform Traffic Citation when issuing 

traffic citations for violations of the New Mexico Motor Vehicle Code. 

B. The Department agrees to reimburse the New Mexico State Police for the cost of New 

Mexico Uniform Traffic Citation forms provided to the Department by the New 

Mexico State Police. 

C. The Department’s law enforcement unit or agency shall issue, keep a record of, and 

require a receipt for, each serially numbered citation issued to individual Peace 

Officers commissioned pursuant to this Agreement. 

D. The goldenrod-colored Officer’s second copy of any citation issued pursuant to a 

commission authorized by this Agreement must be submitted within five (5) days to 

the Chief of the New Mexico State Police or his authorized agent. 

E. Any citation issued pursuant to a commission issued pursuant to this Agreement shall 

be to a Magistrate Court of the State of New Mexico, except that any citation issued 

to Indians within the exterior boundaries of an Indian reservation shall be to Tribal 

Court. 

F. Additional requirements concerning the citations, including specific distribution and 

control procedures, as designated in the Uniform Traffic Citation Manual, may be 

issued to the Department by the Chief of the New Mexico State Police. 

Section 5, Custody of Persons: 
 

 

 

 

 

A. No person shall be detained by a Peace Officer commissioned pursuant to this 

Agreement for a period in excess of two (2) hours without oral notification to a 

Commissioned Officer of the New Mexico State Police. 

B. Any person arrested by a Peace Officer commissioned pursuant to this Agreement 

shall be immediately taken to the nearest State of New Mexico Magistrate, State 

Police Commissioned Officer or County Sheriff for further proceedings in accordance 

with law. 

C. Any person taken into custody by a Peace Officer commissioned pursuant to this 

Agreement shall be immediately informed of his or her United States Constitutional 

Rights by the Peace Officer as specified on a written form to be supplied by the Chief 

of the New Mexico State Police and that person shall also be afforded any other rights 

conferred by law. 

Section 6, Indemnification: 

The Department agrees to hold harmless and promptly indemnify and reimburse the State 

of New Mexico, the New Mexico State Police, their agents, employees and insurers from any 

claim, judgment or liability of any nature whatsoever which may arise out of the actions of a 

Department Peace Officer commissioned pursuant to this Agreement. This section is not applicable 

to the Bureau of Indian Affairs. 

Section 7, Status of New Mexico Peace Officer: 

The Department, its agents and employees, including Peace Officers commissioned 

pursuant to this Agreement, are not employees of the State of New Mexico and no insurance 

coverage, retirement benefits nor any other benefits afforded to employees of the State of New 

Mexico shall be provided by the State of New Mexico or the New Mexico State Police to the 

Department, its agents and employees, including Peace Officers commissioned pursuant to this 

Agreement. It is understood and agreed by the parties to this Agreement that the State of New 

Mexico and the New Mexico State Police, their agents, employees and insurers, have no authority 

nor any right whatsoever to control in any manner the day-to-day discharge of the duties of the 

persons commissioned pursuant to this Agreement but rather that those persons are acting in a 

capacity of an independent contractor as an employee of the Department and that they are not an 

employee or agent of any kind of the State of New Mexico and the New Mexico State Police. It is 

further understood and agreed that the State of New Mexico and the New Mexico State Police, 

their agents, employees and insurers, do not, by this Agreement, assume any responsibility or 

liability for the actions of those persons provided commissions pursuant to this Agreement. 

Section 8, Status of Department: 

Nothing in this Agreement impairs or affects the existing status and sovereignty of 

the Department or members thereof as established under the laws of the United States. 
 

 

 

 

 

Section 9, Continued New Mexico State Police Service: 

The New Mexico State Police will continue, subject to reasonable fiscal and 

personnel constraints, to provide services within the area to which this Agreement is applicable as 

set forth in Section 2, Territorial Limitations of this Agreement. 

Section 10, Quarterly Meetings: 

The Chief of the New Mexico State Police, or his designee, and the Department 

shall be required to meet at least quarterly or more frequently at the call of the Chief of the New 

Mexico State Police to discuss the status of the Agreement and invite other law enforcement or 

other officials to attend as necessary. 

Section 11, Suspension or Termination of Agreement: 

A. If any provision of this Agreement is violated by the Department or any of its agents, 

the Chief of the New Mexico State Police shall suspend the Agreement on five (5) 

days verbal or written notice, which suspension shall last until the Chief of the New 

Mexico State Police is satisfied that the violation has been corrected and will not 

reoccur. Reinstatement of this Agreement may be made contingent upon satisfaction 

of such conditions as the Chief of the New Mexico State Police may specify. 

B. Either the Department or the Chief of the New Mexico State Police may terminate 

this Agreement at any time by giving written notice to the other of such termination 

which shall be effective thirty (30) days after the date of receipt of said notice. Upon 

such termination, the Department shall forthwith return to the Chief of the New 

Mexico State Police all New Mexico Uniform Traffic Citation forms in its possession 

and be reimbursed therefor by the Chief of the New Mexico State Police and return 

all commissions issued pursuant to this Agreement. 

Section 12, Amendments To And Enforcement Of the Agreement: 

A. This agreement shall not be altered, changed or amended except by an instrument in 

writing executed by the Chief of the New Mexico State Police and the duly 

authorized official or officials of the Department. 

B. This Agreement and any amendment hereto shall be governed by the laws of the State 

of New Mexico. 

Section 13, Effective Date: 

The effective date of this Agreement shall be the _31st_ day of __August__, 19_81_, this 

being the date that the Chief of the New Mexico State Police executes the Agreement. 
 

 

 

 

 

 

 

NEW MEXICO STATE POLICE: 

By: 

___________________________________ _______________________________ 

___________________________________ 

MARTIN E. VIGIL, CHIEF 

NAVAJO TRIBE: 

By: 

PETER MACDONALD, CHAIRMAN 

Navajo Tribal Council 

ATTORNEY GENERAL: 

By: 

ROBERT D. GARDENMIRE 

Special Assistant Attorney General 

Legal Adviser 

New Mexico State Police 
 

 

 

 

 

 

 

 

 

___________________________________ 

AN AMENDMENT TO 

AN AGREEMENT BETWEEN THE 

NEW MEXICO STATE POLICE 

AND 

THE NAVAJO TRIBE 

Section 2, Territorial Limitations is amended to read as follows: 

The authority conferred by this Agreement shall be coextensive with the exterior 

boundaries of the Navajo Reservation within New Mexico and also coextensive with 

boundaries enclosed by the description set forth in Section 29-1-11C (8), N.M.S.A., 1978, 

and, as shown on the map attached hereto and incorporated by reference as if set forth in full 

herein. 

The effective date of this Amendment is the _31st_ day of __August__, 19_81_. 

NEW MEXICO STATE POLICE: 

By: 

___________________________________ _______________________________ 

MARTIN E. VIGIL, CHIEF 

NAVAJO TRIBE: 

By: 

PETER MACDONALD, CHAIRMAN 

Navajo Tribal Council 

ATTORNEY GENERAL: 

By: 

ROBERT D. GARDENMIRE 

Special Assistant Attorney General 

Legal Adviser 

New Mexico State Police