INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

PREAMBLE 

1. This agreement is entered into by the County ofCharlevoix and the Little Traverse Bay 

Bands ofOdawa Indians pursuant to the Urban Cooperation Act, MCL 124.501 et seq. 

2. The Little Traverse Bay Bands of Odawa Indians is a federally recognized Indian Tribe 

having a government-to-government relationship with the United States effective May 

27, 1980 (see 45 Fed. Reg. 18321-322 (March 25, 1980) and OTB is organized under a 

Tribal Constitution approved by the Secretary ofthe Interior on March 29, 1988 

- (hereafter L TTB or Tribe), and the County of Charlevoix is a municipal corporation in 

the State ofMichigan. 

3. L TBB is authorized to enter into agreements with federal, state, and local governments 

under Article VII (l)(b) ofthe Tribal Constitution as well as the Urban Cooperative Act. 

The County of Charlevoix is authorized to enter into agreements under State law as well 

as the Urban Cooperation Act. 

4. The additional signatories (the Charlevoix County Sheriff, Charlevoix County 

- Prosecutor, LTBB Police Chief, and LTBB Prosecuting Attorney) are in government with 

the provisions ofthis Interlocal Agreement as it effects their respective powers and 

duties. 

~- The Sheriff is authorized under MCLA 51.70 and 51.73 to appoint special deputies "by 

an instrument in writing, to do particular acts." 

PURPOSE 

6. L TBB and Sheriff desire to maximize effective law enforcement for all those present in 

Charlevoix County by providing for the deputization ofthe L TBB Tribal Police Officers 

on LTBB's Trust lands under the powers granted the Sheriff under MCLA 51.70 and 

_ 51.73 and to empower the L TBB Officers with such authority to fulfill the duties and 

responsibilities of a Sheriffs special deputy pursuant to the Statutes ofthe State of 

Michigan. 

7. The parties do not intend by this Agreement to establish a separate legal or administrative 

- entity under Section 7(1) ofthe Urban Cooperation Act (MCL 124.507 (1)) and have not 

therefore provided for or otherwise established such an entity by the terms ofthis 

Agreement. 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

DEFINITIONS 

8. As used in this Agreement: 

CCSO: means the Office of SheriffofCharlevoix County, or his Deputies where 

applicable. 

LTBB or Tribe: means the Little Traverse Bay Bands of Odawa Indians. 

County: means Charlevoix County. 

Trust land: means land held by the United States in trust for the Little Traverse 

Bay Bands of Odawa Indians, as follows: 

See Attachment "A" for the list ofproperties in trust. 

Any further additional trust parcels shall be identified in addenda to this 

Agreement. 

AGREEMENT 

9. The term ofthis Agreement is from the date that all signatories have signed this 

Agreement until December 31, 2020. 

10. Trust land access by non-Tribal law enforcement officers and mutual assistance: 

A. Life threatening emergencies: in life threatening emergency situations on L TBB' s 

Trust land, the nearest law enforcement car of any governmental unit may respond, 

and the L TBB Police Department shall be notified as soon as possible. 

B. Hot pursuit is allowed in accordance with paragraphs 14-16 below. 

_ C. In the event that a situation is in progress on Trust lands that requires immediate law 

enforcement presence to hold down the peace, and an LTBB Officer is not readily 

available, the L TBB Police Department may request response by CCSO to hold down 

the peace until a L TBB law enforcement officer arrives. 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

D. In the event that a situation is in progress offTrust lands that requires immediate law 

enforcement presence to hold down the peace, and a CCSO Deputy is not readily 

available, the CCSO may request response by the L TBB Police Department to hold 

down the peace until a CCSO law enforcement deputy arrives. 

11. DEPUTIZATION OF SHERIFF'S DEPUTIES 

A. LTBB may deputize any or all ofthe Deputies ofthe Charlevoix County Sheriff's 

Office, consistent with tribal law and the provisions in this Interlocal Agreement. 

Except as otherwise provided herein, each such deputized deputy ofthe CCSO shall 

be deputized while working within the boundaries of Trust land. 

B. Deputies ofthe CCSO shall not be authorized to engage in primary tribal law 

enforcement activities pursuant to such deputization unless requested to engage in 

such activities by the LTBB' s Department. Deputized Deputies ofthe CCSO shall, 

pursuant to and within the scope of such deputization, be authorized to effectuate the 

arrest of all persons and to issue civil infraction notices or citations to all persons 

pursuant to Tribal Law, Michigan Law, or Michigan Court Rule. 

C. This Agreement confers no rights of employment with LTBB on Deputies ofthe 

CCSO. They are not entitled to any ofthe rights, privileges, and benefits of 

employment with L TBB except as may be stated in this Agreement. 

D. Deputies of CCSO serve as L TBB Deputies pursuant to this Agreement at the 

pleasure ofLTBB. LTBB may revoke the Deputy status of a CCSO Deputy at any 

time, with or without cause. 

12. DEPUTIZATION OF TRIBAL LAW ENFORCEMENT OFFICERS 

A. LTBB Police Officers, upon presentation of written evidence ofcertification 

satisfactory to the State of Michigan, and meeting the requirements for deputization 

and approval of individual LTBB Police Officers as determined by the Sheriff, may 

be deputized by the Sheriff, upon taking the oath as described in MCL 51.73, to act as 

a Sheriff's special deputy within Trust lands for all civil and criminal infractions 

which come under the jurisdiction ofthe State ofMichigan and/or Charlevoix 

County. 

LTBB and it's Police Officers will comply with the requirements ofMCL 28.609 and 

. abide by all CCSO policies.regarding law enforcement. A copy ofthose.policies will 

be provided by CCSO to LTBB Police Chief for distribution to tribal police officers. 

CCSO will promptly provide copies of any later changes or amendments to those 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

policies. LTBB will obtain signed acknowledgements from tribal officers who have 

been deputized, evidencing the receipt ofthe original policies and/or any later 

changes or amendments ofthose policies. 

This Agreement confers no rights of employment with Charlevoix County on LBTT 

police officers. The LTBB Police Officers are not entitled to any ofthe rights, 

privileges, and benefits ofemployment with Charlevoix County except as may be 

stated in this Agreement. 

B. LTBB Police Officers serve as a deputy sheriff pursuant to this Agreement at the 

pleasure ofthe Sheriff. The Sheriff may revoke the deputy status ofa LTBB Police 

Officer at any time, with or without cause. 

C. The LTBB Police Chief and the Sheriff shall each appoint an Officer of their 

respective offices to serve as a liaison between the two (2) offices. 

13. REPRESENTATIONS 

A. LTBB Police Officers shall not represent themselves as Sheriff's Deputies or as 

employees ofCCSO while off duty. They are specifically forbidden to use their 

identification to obtain gratuities, gifts, or personal gain. 

B. CCSO Deputies shall not represent themselves as Deputies or as employees ofthe 

LTBB Police Department while off duty. They are specifically forbidden to use their 

identification to obtain gratuities, gifts, or personal gain. 

14. HOT PURSUIT 

A. Any State law enforcement officer, duly authorized as a peace officer, who observes 

the commission of a felony offense, a misdemeanor offense, and/or traffic offenses 

including civil infraction offenses off Trust lands, or who has reasonable cause to 

believe a felony or misdemeanor punishable in excess of92 days has been committed 

off Trust lands, and pursues the offender without unreasonable delay, is authorized to 

continue that pursuit onto Trust lands until the offender is apprehended. The Deputy 

may issue citations or effect an arrest ofthe offender as ifthe Deputy had not entered 

onto Trust lands. The Deputy will notify L TBB Police as soon as it is reasonable 

after entry into Trust lands. The Deputy may request the assistance ofLTBB Police 

as needed. 

- B. Any LTBB law enforcement officer who observes the commission ofa felony offense 

or a misdemeanor offense on Trust lands, or who has reasonable cause to believe a 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODA WA INDIANS AND THE COUNTY OF CHARLEVOIX 

felony has been committed on Trust lands, and pursues the offender without 

unreasonable delay is authorized to continue that pursuit off ofTrust lands until the 

offender is apprehended. The Officer may issue citations or effect an arrest ofthe 

offender as ifthe Officer had not left Trust lands. The Officer will notify CCSO as 

soon as it is reasonable after leaving Trust lands. The Officer may request the 

assistance of CCSO Deputies as needed. 

C. The hot pursuit conducted under the provisions ofthis Agreement shall conform with 

the policy and procedure ofCCSO regarding high speed pursuit, whether on or off 

Trust lands. 

IS.ARRESTS 

_ 

-

A. LTBB agrees to make arrests for CCSO on Trust lands pursuant to a valid State Court 

warrant and to deliver the arrestee to a Deputy. CCSO agrees to make arrests for 

LTBB outside ofTrust lands pursuant to a valid Tribal Court warrant and to deliver 

the arrestee to the L TBB Police Officer. 

B. Court Rules. The provisions of Michigan Court Rule 2.615, enforcement ofTribal 

judgements and orders, and the L TBB Court Rules regarding enforcement and 

recognition of foreign judgements and orders, shall apply to this agreement. 

16. SEARCH WARRANTS 

A. County law enforcement officers must present search warrants authorizing the search 

for evidence located on Trust lands to the State Court and Tribal Court for 

enforcement, and for execution by Tribal law enforcement authorities. The LTBB 

Prosecuting Attorney agrees to review and prepare search warrants for Trust lands. 

B. When executing a state search warrant, enforced through the Tribal Court, the L TBB 

Police Department will observe all requirements of State and Federal law regarding 

the conduct ofsearches. CCS0 Deputies shall accompany Tribal Officers when a 

state warrant is executed. 

C. Tribal law enforcement officers must present search warrants authorizing the search 

for evidence located outside Trust lands, unless jurisdiction exists under Treaty or 

other Federal-law, to the State Court and Tribal Court for enforcement, and for 

execution by state law enforcement authorities. The Charlevoix County Prosecuting 

Attorney agrees to review and prepare search warrants for such searches. 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

-17. EXTRADITION 

Both parties waive any requirements for formal extradition processes of anyone arrested 

in their respective jurisdiction to be turned over to the other jurisdiction. 

18. IMMUNITIES 

The provisions of25 USC§ 450f, (recodified at 25 USC§ 5321 (c) 2019), the Federal 

Tort Claims Act, and all immunities from liability and exemptions from laws, ordinances, 

and regulations which apply to Tribal law enforcement officers continue to apply while 

officers are performing duties under this Agreement involving state jurisdictions, as well 

as any rights and immunities accorded CCSO Deputies under the laws ofthe State of 

Michigan. 

19. HOLD HARMLESS 

A. CCSO and County, it's boards, commissions, Deputies, employees and agents, and 

L TBB, it's boards, commissions, Officers, employees and agents waive any and all 

claims against each other which may arise out oftheir activities performed under this 

Agreement unless such claims are proximately caused by the gross negligenc~ or 

willful misconduct ofthe other party or its law enforcement officers. 

B. CCSO and LTBB shall be responsible for all liability ofwhatever nature arising from 

the acts oftheir own law enforcement officers and employees to the extent provided 

by law. Under no circumstances shall either the County or Tribe be held liable for the 

acts of employees ofthe other party performed under this Agreement. 

20.COSTS 

A. CCSO and LTBB shall each assume responsibility for all costs incurred by their own 

officers acting under this Agreement. 

21. DURATION 

A. Subjects to Paragraph 9 above, this Agreement shall remain in full force and effect 

until and unless terminated by either party as provided in this Agreement, or amended 

by mutual written Agreement ofthe pa..rties. 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

B. Either party may terminate this Agreement at any time upon ten ( 10) days written 

notice. The Sheriff may immediately revoke the Deputy status of an individual 

L TBB Officer without terminating the Agreement. 

22. NON-DISCRIMINATION 

Except to the extent that Federal law allows LTBB to follow Indian preference, neither 

party shall discriminate against any employee or applicant for employment because of 

race, creed, color, sex, national origin, physical handicap, age, height, weight, or marital 

status, except insofar as it relates to a bone fide occupational qualification reasonably 

necessary to the normal operation ofthe business. Such action shall include, but not be 

- limited to the following: employment, hiring, demotion or transfer, upgrading, 

recruitment or recruitment advertisement, layoff or termination, rates ofpay or other 

forms of compensation, and selection for training including apprenticeship. In addition, 

each party agrees that its services and activities related to this Agreement will be 

delivered without discrimination based on disability consistent with the Americans with 

Disabilities Act of 1990. 

23. SAVINGS CLAUSES 

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

authority on a state or tribal court, or other state, tribal or county authority which that 

court or authority would not otherwise have. Nothing in this Agreement shall be 

construed to cede any jurisdiction of either ofthe parties, to waive any immunities, to 

modify the legal requirements for arrest or search or seizure or to otherwise modify 

the legal rights of any person, to accomplish any act in violation of state, federal, or 

tribal law or to subject the parties to any liability to which they would not otherwise 

be subjected to by law. 

B. The provisions ofthis Agreement are severable and should any provisions be held 

invalid or unenforceable, the remainder ofthis Agreement remains in effect unless 

terminated as provided in this Agreement. 

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INTERLOCAL AGREEMENT FOR DEPUTIZATION AND MUTUAL LAW 

ENFORCEMENT ASSISTANCE BETWEEN THE LITTLE TRAVERSE BAY BANDS 

OF ODAWA INDIANS AND THE COUNTY OF CHARLEVOIX 

The undersigned execute this Agreement as duly authorized representatives ofthe respective 

parties: 

LITTLE TRAVERSE BAY BAND OF ODAWA INDIANS 

BY: 

Date: 3 -cJ@--iC\ '¥~, ~~-- ~~ Regida-Oasco-Bently, Tribal Chairper~ n 

f 

Date: 3 ·2 7- -:2 / /-l / /,!//,/' . __u-1~--•....::v?-"--'-"--"-_·_··_________________ 

Jeffery Cobe, L~BB Chief ofPolice 

Date: 3 -,:Z 6-/? ---=-/U_1_'G_U_ ________ Catherine Castagne, L TBB Tribal Prosecuting Attorney 

COUNTY OF CHARLEVOIX 

Date 'f(t/;r 

Chairman 

Date 1-P{J _

Date: G( / ,;,/ 19 l I 

, voix Co. Board of Co · ssioners 

.:d~L 

harlevoix County Sheriff 

voix County Prosecuting Attorney 

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