MEMORANDUM OF UNDERSTANDING 

BETWEEN THE MASHPEE W AMP ANO AG TRIBE ("Tribe") AND CITY OF TAUNTON, 

MASSACHUSETTS ("City"), FOR THE IMPLEMENTATION OF THE 

INTERGOVERNMENTAL AGREEMENT ("IGA"), DATED MAY 17, 2012. 

This Memorandum of Understanding ("MOU") is entered into the/;}. 0-'day of November, 

2015. This MOU shall go into effect this date. The Parties agree as follows: 

1. FINDINGS: 

a. The Tribe intends to exercise the full extent of its civil and criminal jurisdiction over its 

Trnst Lands and its citizens in accordance with federal law, and the Compact entered into 

between the Tribe and the Commonwealth of Massachusetts dated March 19, 2013 

("Compact"). 

b. The Compact and the IGA do not provide for the delivery of certain services by the 

State or the City to the Trnst Lands during the interim period beginning upon the 

recordation of the trust deeds for the Trnst Lands and ending upon the time the City and or 

the State is obligated to provide such services under the IGA or the Compact, as the case 

may be (the "Interim Period"). 

c. The !GA requires the Tribe to make payments in lieu of property taxes to the City 

equivalent to the taxes at the rate on commercial property charged by the City at the time 

of the recordation of the trust deeds to the Trnst Lands, or on the date of the IGA, 

whichever is greater, plus annual increases as specified in the IGA, which payments in 

conjunction with other measures specified in the IGA constitute the Tribe's mitigation 

obligations. 

d. The Parties desire that there be continuous availability of fire and emergency medical 

services to all citizens, tribal and non-tribal, on the Trnst Lands and a smooth transition 

from state and local criminal jurisdiction to tribal and federal criminal jurisdiction over 

tribal citizens. 

2. AUTHORITY: 

a. The Tribe is a federally recognized Indian tribe. The Tribe acts through its Tribal 

Council as authorized by the Constitution of the Mashpee Wampanoag Tribe, article VI, 

sections 2A and 2D. 

b. The City is a political subdivision of the State and is a municipal corporation in Bristol 

County, Massachusetts. The City acts by its Mayor and Municipal Council as authorized 

by its city charter and the Constitution, General Laws, and special laws of the 

Commonwealth of Massachusetts, including, but not limited to, Article LXXXIX of 

Amendments to the Massachusetts Constitution and G.L. c. 40, § 4. 

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3. PURPOSE: 

The purpose of this MOU is to implement the IGA between the Parties in order to provide 

for the continuous delivery of fire and emergency medical services to tribal and non-tribal 

citizens on the Trnst Lands during the Interim Period and specifying the means by which 

the City and State shall access the Trnst Lands to continue to exercise criminal jurisdiction 

over non-Native Americans. 

4. DEFINITIONS: 

a. "City Officer" means a law enforcement officer employed by the City. 

b. "Designated Representative" means KeVl"n Fr Ve.. or such other person so 

designated by the Tribe upon delivery of written noticJ thereof to the City. Such notice 

shall include both telephone and e-mail contact information for the Designated 

Representative. 

c. "Law Enforcement Activities" means the (i) investigation and the enforcement of State 

and local criminal laws and (ii) Routine Patrols. 

d. "Native American" means a duly enrolled member of the Tribe evidenced by a Tribally 

issued enrollment card bearing a photograph or confirmation by a duly authorized Tribal 

representative. 

e. "Notice" shall mean telephonic or electronic message at such telephone number or email contact address as specified from time to time to the City's Chief of Police by the 

Designated Representative. 

f. "Notice Period" shall mean no more than twelve (12) hours from the occurrence of the 

identified act provided that if under the circumstances it is not reasonably practicable to 

provide Notice within twelve (12) hours from the occurrence of the identified act, then as 

soon as reasonably practicable following the occurrence of the identified act. 

g. "Party" means either the City or the Tribe and "Parties" means the City and Tribe 

collectively. 

h. "Routine Patrols" means drive-throughs of the Trust Lands by City Officers for the sole 

purpose of maintaining law enforcement visibility upon an agreed upon schedule by the 

Parties in advance of entry by City Officer(s) upon the Trust Lands. 

i. "State" means the Commonwealth of Massachusetts. 

J. "Subject" means an individual suspected ofviolating State or local criminal laws. 

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k. "Trust Lands" means those lands located in the City of Taunton and taken into trust by 

the United States on behalf of the Tribe, as mapped on Exhibit A attached to the IGA. 

I. Other definitions - any capitalized terms not defined in this MOU shall have the 

meanings ascribed to them in the IGA. 

5. DURATION: 

This MOU shall be in effect for a period of ninety (90) days from the effective date of the 

MOU, subject to extension by further written agreement between the Parties. 

6. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES: 

a. The City shall provide to the Trust Lands fire protection and emergency medical 

services, including dispatch service for both, on the same basis and in the same manner 

and to the same extent that it provided those services before the recordation of the trust 

deeds for the Trust Lands. 

b. The Tribe grants permission to enter its Trust Lands to the City's duly authorized 

personnel for the purposes of delivery of fire protection and emergency medical services, 

and for those purposes only, provided that the City shall provide Notice to the Designated 

Representative of every entry onto the Trust Lands by its personnel for that pUipose within 

the Notice Period. 

7. LAW ENFORCEMENT: 

a. The Parties acknowledge that State and local govermnents hold criminal jurisdiction 

over non-Native Americans on the Trust Lands. The Tribe grants permission to enter the 

Trust Lands to City Officers only for the purposes of Law Enforcement Activities as to 

non-Native Americans. The City shall provide Notice to the Designated Representative of 

every enlly onto the Trust Lands by its personnel for these purposes within the Notice 

Period. 

b. The Parties acknowledge that the Tribe and the United States hold concurrent criminal 

jurisdiction over Native Americans on the Trust Lands, effective immediately upon the 

recordation of the trust deeds to the Trust Lands to the exclusion of State and local 

jurisdiction. 

c. Each City Officer when engaging in any Law Enforcement Activities on the Trust 

Lands shall, as soon as circumstances reasonably permit, ascertain the identity of the 

Subject and specifically inquire whether the Subject is Native American. The City Officer 

shall accept a Tribal Enrollment Card as conclusive proof that the Subject is Native 

American. Tn the event the Subject claims to be Native American but is not in possession 

of his or her Tribal Enrollment Card, a City Officer shall, as soon as reasonably 

practicable, contact the Designated Representative to verify the Subject's status as Native 

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American. In the event the Subject is not a Native American, the City Officer may remove 

the Subject from the Trust Lands, in the event of reasonable cause to believe there has 

been a violation of State or local criminal law, as soon as public safety permits and 

proceed in accordance with local and State law. The City shall provide Notice to the 

Designated Representative of the entry onto Trust Lands by a City Officer for this purpose 

within the Notice Period. 

d. In the event the Subject is a Native American and the City Officer believes that public 

safety or breach of the peace is threatened by such Subject, a City Officer shall provide 

Notice, as soon as reasonably practicable, to the Designated Representative of the entry 

upon the Trust Lands and the apparent identity of the Subject as Native American. In that 

event, the City Officer may detain the Subject in the interest of public safety only, until 

such time as the Designated Representative, or a person identified by the Designated 

Representative, assumes custody of the detained Native American, The Designated 

Representative shall make every effort to assume custody within two (2) hours of Notice. 

In the event public safety is not threatened, the City Officer shall immediately release the 

Subject and notify the Designated Representative of the event. The Tribe shall deputize 

City Officer(s) for the limited purpose of detaining Native American Subjects until 

released to a Designated Representative and for that purpose only, 

e. Administrative records of any Law Enforcement Activities on the Trust Lands that are 

maintained by the City shall be made available to the Tribe on a monthly basis as may be 

permitted by State and local law. 

f. City Officers authorized to detain Native Americans until the Tribe assumes custody 

under this MOU shall be considered agents of the Tribe to that extent for immunity 

purposes. Neither the City, City officials, or City Officers shall be liable on account of any 

act or omission, except for willful misconduct or gross negligence, when so engaged. 

g. Upon the Tribe's request, the City agrees to consult with the Tribe on matters involving 

Law Enforcement Activities on the Trust Lands, the conduct of City Officers and snch 

other matters related thereto so as to assure the Tribe that the City is performing its 

obligations under this MOU. 

8. SERVICE OF PROCESS 

a, In the case of service of process, including warrants and subpoenas, on the Trust Lands 

and upon non-Native Americans, the Tribe consents to access by duly authotized 

personnel of the City to execute the service of process, provided that the City shall provide 

Notice to the Designated Representative, of every entry onto the Trust Lands by its 

personnel for this purpose within the Notice Period. 

b. In the case of service of process, including warrants and subpoenas, in a civil or 

criminal proceeding, on the Trust Lands and upon a Native American, the City shall 

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execute service of process only when accompanied by a duly authorized representative of 

the Tribe, identified by the Designated Representative. 

9. BEST EFFORTS AND COOPERATION: 

The Parties confirm their commitment in the !GA to negotiate in good faith on the crossdeputization and mutual aid agreements when the Tribe establishes a tribal police force for 

the Trust Lands. 

10. ENTIRE AGREEMENT: 

This MOU, together with the IGA the terms of which are hereby incorporated herein, 

constitute the entire agreement between the Parties regarding implementation of the IGA 

on delivery of law enforcement, fire and emergency medical services during the Interim 

Period and may be amended only by a writing signed by duly authorized representatives of 

each Party. 

11. AUTHORITY: 

The undersigned represent that they are authorized to execute this MOU on behalf of the 

Tribe and City, respectively. 

EXECUTED as a sealed instrument on the date first mentioned above. 

City of Taunton 

By Mayor Thomas C. Hoye, Jr. 

~C&;i,,y Mayor 

Mashpee Wampanoag Tribe 

By Chainnan Cedric Cromwell 

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