CROSS COMMISSION LAW ENFORCEMENT AGREEMENT BETWEEN THE 

SHOALWATER BAY TRIBAL COMMUNITY AND PACIFIC COUNTY 

THIS AGREEMENT DATED ____________ _, is between the Shoalwater Bay Indian 

Tribal Community, a federally recognized Indian Tribe organized pursuant to Section Sixteen of the 

Indian Reorganization Act of 1934 {25 U.S.C. Section 476), hereinafter "TRIBE", and Pacific County, 

Washington, hereinafter "COUNTY", through the Pacific County Sheriff, hereinafter "SHERIFF". 

THIS AGREEMENT IS ENTERED INTO UNDER THE lnterlocal Cooperation Act (RCW Chapter 39.34), the 

Mutual Aid Peace Officer Powers Act {RCW Chapter 10.93), the Tribal Police Officers Act {RCW 10.93.02) 

and the Constitution, Bylaws and Tribal Code of the Shoalwater Indian Tribal Community. 

INTENT 

The TRIBE and the COUNTY each wish to protect the lives and property of all people within t he 

Shoalwater Bay Indian Reservation and throughout Pacific County. The TRIBE and the COUNTY, 

therefore, have entered into this Agreement governing certain aspects of the relat ionships between the 

COUNTY and TRIBE with respect to the use of tribal law enforcement officers in emergency situations 

and the commissioning of tribal law enforcement officers as COUNTY deputies. Such commission shall 

empower a tribal officer as described in Section V (Scope of Powers). Crimes investigated under this 

commission shall only be prosecuted in the courts of the State of Washington. 

ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS: 

Section I DEFINITIONS 

As used in this Agreement: 

Approved Tribal Officer: A law enforcement officer employed by the TRIBE, who has submitted to a 

background check and training as required by the COUNTY, and has thereafter been granted a 

commission by t he SHERIFF. 

Commission: A Pacific County Deputy Sheriff commission granted to an Approved Tribal Officer in 

accordance with this Agreement. The commission can be either a full or a limited commission. 

Commission Card: An identification card issued by the Pacific County Sheriff to an Approved Tribal 

Officer. 

Reservation: The Shoalwater Bay Indian Reservation, and all territory within the exterior boundaries 

thereof, including without limitation all roads, rights of way, easements, tidelands and waterways within 

such exterior boundaries. 

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Section II Jurisdiction 

Nothing in t his Agreement shall be construed to cede any jurisdiction of either of the parties, to modify 

the legal requirements for arrest or search and seizure, or to accomplish any act violative of State or 

Federal law. 

Section Ill Issuing Commissions 

The granting of Deputy Sheriff commissions shall be at the sole discretion of the SHERIFF or his designee. 

Appl ications for commissions shal l be submitted in writing to the SHERIFF or his designee. Each 

application shall be accompanied by all background information on the applicant known to Tribal Law 

Enforcement by appropriate waivers allowing the standard SHERIFF's Office pre-employment 

investigation, and by such other information as may be required. The SHERIFF or his designee shall 

grant or deny each application within a reasonable period of time. The granting of a commission shall 

be evidenced by the issuance of a commission card to the officer receiving the commission. No 

commission shall be denied on the basis of race, creed, sex, color or national origin. No individual 

officer of the TRIBE's law enforcement agency shall be commissioned by the SHERIFF or his designee 

unless that officer has successfully completed the Washington State Basic Law Enforcement Academy or 

equivalent training. The SHERIFF or his designee shall have the power to issue full or limited 

commissions. If the SHERIFF or his designee issues a limited commission, he shall specify the exact 

scope ofthe commission at the time the limited commission is granted. 

Section IV Suspension and Revocation of Commissions 

The SHERIFF or his designee may, at any time, suspend or revoke the commission of any Tribal law 

enforcement officer for reasons solely within his discretion. The TRIBE's Chief of Police shall receive 

written notice of any such suspension or revocation and the reasons for such action. 

Section V Scope of Power 

An Approved Tribal Officer shall have a commission card in his or her possession at all times when acting 

pursuant to the commission. A full commission shall give an Approved Tribal Officer the same 

responsibility and authority as a Deputy Sheriff. An Approved Tribal Officer with a limited commission 

shall only have the responsibility and authority that is specifically granted by the limited commission. 

Any court actions that emanate from a limited or full commission shall be prosecuted in State court. 

Tribal law enforcement officers commissioned pursuant to this Agreement shall comply with the 

applicable constitutional and statutory provisions concerning enforcement of State laws when exercising 

such authority. 

Tribal law enforcement officers shall remain under the control of the TRIBE, but when acting under the 

authority of a commission, Tribal Law Enforcement Officers shall abide by the rules and regulations of 

the SHERIFF, all State laws and regulations, the State and Federal Constitutions, and shall be subject to 

the direction of the SHERIFF'S OFFICE. 

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Section VI Report of Exercise of Commission Powers 

Any action taken by an Approved Tribal Officer pursuant to a commission shall be immediately reported 

to the SHERIFF'S OFFICE dispatcher. A written report shall be filed with the SHERIFF'S OFFICE within 

three days of an enforcement action. 

Section VII Emergency Situations 

If a law enforcement emergency arises, the SHERIFF or his designee may ask the TRIBE for the use of 

tribal law enforcement personnel who do not possess a full or limited commission issued by the SHERIFF 

or his designee. If the TRIBE provides such personnel in order to respond to the emergency situation, all 

of the tribal police personnel, including those tribal officers with limited and full SHERIFF commission, 

shall follow the orders of the incident commander. 

If any tribal police personnel are used in an emergency situation, the provisions of Section VIII and IX 

shall apply. 

Section VIII Hold Harmless/ Indemnification 

Each of the parties to this Agreement agrees to indemnify and hold the others harmless from and 

against any and all loss and damage, and any and all claims, demands, suits, liabilit ies and payments, 

including cost of defense, arising in whole or in part, out of the actions or inactions of and indemnitor 

(including its officers and employees) t hat pertain to this Agreement. 

However, if any losses, damages, claims, demands, suits, liabilities and payments arise out of or result 

from this Agreement and the COUNTY (including its officers and employees) and the TRIBE (including its 

officers and employees) are joint tortfeasors, each party shall be responsible to the extent that it is 

determined to be at fault. In addition, if the COUNTY and the TRIBE are determined to be joint 

tortfeasors, each party shall be responsible for paying its costs of defense. Thus, as an example, ifthe 

TRIBE (including its officers and employees) is found to be 70 percent at fault and the COUNTY (including 

its officers and employees) is determined to be 30 percent at fault, the TRIBE shall be responsible for 

paying 70 percent of the judgment (not to exceed five million dollars per occurrence) and its cost of 

defense, and the COUNTY shal l be responsible for the remaining 30 percent and its costs of defense. 

Section IX Insurance/Immunities 

The TRIBE agrees to maintain an insurance policy in the amount of $5,000,000.00 per occurrence for 

claims arising from the actions of tribal law enforcement officers pursuant to this Agreement. The TRIBE 

shall maintain this level of insurance in full force and effect during the life of this Agreement. If this 

Agreement is terminated for any reason, the TRIBE agrees to continue to carry this level of insurance for 

potential claims covered by this Agreement until such time as protection from suit is granted by the 

relevant statutes of limitations. This provision shall survive termination of this Agreement. 

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The insurance provided by the TRIBE shall include the COUNTY as an additional insured and shall be 

primary in the event that a claim or suit for damages is brought against both the TRIBE and the COUNTY. 

Such insurance shall provide 30 days written notice to the COUNTY in the event of cancellation or 

material change and include a statement to the effect that no act on the part of the insured shall affect 

the coverage afforded to the COUNTY under this insurance. The insurance company or the TRIBE will 

provide written notice to the COUNTY within thirty (30) days after any reduction in the general 

aggregate or occurrence limits. The TRIBE shall provide the COUNTY with a certificate of insurance prior 

to the contract effective date. The COUNTY, at its option, may require a complete copy of the above 

insurance policy. 

The TRIBE grants a limited waiver of its sovereign immunity to suit pursuant to this Agreement, the 

amount and nature of which are within the coverage and limits of the TRIBE's insurance policy, i.e., 

$5,000,000.00 per occurrence. This limited waiver of sovereign immunity shall apply to any incidents 

that occur while this Agreement is in effect and also shall apply to any actions that are commenced after 

this Agreement terminates if the incident date occurred while the Agreement was in effect. Policies of 

insurance obtained by the TRIBE purchased pursuant to this Section shall prohibit the insurer from 

asserting a defense of sovereign immunity to claims made under the policy. 

All immunities enjoyed by the COUNTY law enforcement officers under State or Federal law shall inure 

to the benefit of Tribal law enforcement officers when acting under a full or limited commission granted 

by the SHERIFF or his designee under terms of the Agreement. 

The TRIBE shall be responsible at its own expense to provide any and all employment insurance 

coverage, including but not limited to, unemployment insurance, worker's compensation insurance, 

etc., for any and all of its law enforcement personnel as might apply. 

Section X Oversight Committee 

A committee consisting of the TRIBE's Chief of Police, the SHERIFF or his designee, and the Pacific 

County Prosecutor or his designee, shall review activities and methods of performance pursuant to this 

Agreement. The committee shall meet as needed, to discuss the operation of the Agreement. The 

committee may recommend to the signatories ofthe Agreement any amendments to this Agreement. 

Section XI Duration/Revocation of Agreement 

This Agreement shall remain in full force and effect until December 31, 2014, or unless terminated by 

either party as provided in this Agreement and shall be subject to renewal by the agreement of the 

parties at the end of this period. Either party may terminate this Agreement at any time. Termination 

shall be immediately effective upon receipt of written notice. 

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Section XII Amendments 

This Agreement shall not be amended except by an instrument in writing executed by the signatories 

below and attached to this Agreement. 

Section XIII Notice 

Any notice required or permitted to be given under this Agreement shall be deemed sufficient if given in 

writing and sent by registered or ce rtified mail. 

In the case of the COUNTY, notices shall be sent to: Pacific County Sheriff 

P.O. Box 27 

South Bend, WA 98586 

In the case of the TRIBE, notices shall be sent to: Shoalwater Bay Tribe 

P.O. Box 130 

Tokeland, WA 98590 

With a copy to: Office of Tribal Attorney Office of Tribal Attorney 

P.O. Box 130 

Tokeland, WA 98590 

Section XIV Severability/Duration of Commissions 

If any provision of this Agreement or its application to any person or circumstance is held invalid, the 

remainder of the Agreement or t he application of the provision to other persons or circumstances is not 

affected. Because the source of legal authority to grant, revoke, and suspend the commissions 

described in this Agreement is separate from and independent of the terms of this Agreement, the 

invalidity of all or any portion of this Agreement shall have no effect on the validity of such commissions, 

which shall remain in effect until suspended or revoked at the discretion of the SHERIFF or his designee. 

Section XV Previous Agreements 

This Agreement shall supersede and render null and void any previous agreements between the TRIBE 

and the COUNTY pertaining to the commissioning by the SHERIFF or his designee of tribal law 

enforcement officers. 

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The effective date of this Agreement shall be the ____ day of--- ----~ 2011. 

ATTEST: 

CLERK OF THE BOARD OF PACIFIC 

COUNTY COMMISSIONERS 

SHOALWATER BAY INDIAN TRIBE 

By: -------------

CHAIRPERSON 

PACIFIC COUNTY BOARD OF COMMISSIONERS 

PACIFIC COUNTY, WASHINGTON 

By: ------ --------

CHAIRPERSON 

By: ------------­

COMMISSIONER 

By:------------­ COMMISSIONER 

PACIFIC COUNTY SHERIFF 

SCOTT L. JOHNSON 

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