MEMORANDUM OF UNDERSTANDING 

CONCERNING INVESTIGATION AND PROSECUTION OF 

VIOLATIONS OF CERTAIN STATE LAWS 

ON SANTA ANA PUEBLO LANDS 

This Memorandum of Understanding ("MOU") is made by and between the Pueblo of 

Santa Ana ("the Pueblo") and the District Attorney for the Thirteenth Judicial District of the 

State of New Mexico ("the District Attorney"), pursuant to Section 1O(E) of the Tribal-State 

Class III Gaming Compact entered into between the Pueblo and the State of New Mexico ("the 

State"), which went into effect on or about November 5, 1997 ("the Compact"). 

I. RECITALS, PURPOSE AND GOALS 

WHEREAS the Pueblo is a federally recognized Indian tribe that operates a 

Gaming Enterprise on its lands, which lands are located within the exterior boundaries of the 

Thirteenth Judicial District of the State ("the District"); and 

WHEREAS the District Attorney is the State official given authority and responsibility 

for enforcement and prosecution ofthe State's laws within the District; and 

WHEREAS the State and the Pueblo have entered into the Compact, so as to establish the 

means by which class III gaming on the Pueblo's lands shall be regulated; and 

WHEREAS, Section 10 ofthe Compact provides that the State is to have jurisdiction 

over violations of state gambling laws and other crimes occurring on the premises of a tribal 

gaming facility or committed against the gaming enterprise or its employees, but that the local 

Santa Ana Pueblo-13th ludic.DistDA-MOU-March 9, 2000-i'age 1 
district attorney will accept such cases only after an MOU has been entered into to provide the 

procedures by which such cases are to handled; and 

WHEREAS, the Pueblo and the District Attorney have negotiated the following terms so 

as to implement that provision of the Compact, and to provide an expeditious means whereby 

criminal matters within the State's jurisdiction under the provisions of the Compact can be 

transferred to the District Attorney for investigation and prosecution; and 

WHEREAS the goal of this Memorandum of Understanding ("MOU") is to protect and 

prov:ide for the safety ofthe public of the Pueblo and the State, through the provision of additional 

law enforcement services on the Pueblo's lands; 

NOW TIIEREFORE, the Pueblo and the District Attorney, consistent with the provisions 

of the Compact and in accordance with the laws ofthe State and the Pueblo, agree as follows: 

II. DEFINITIONS 

For purposes of this MOU, the following terms shall have the following meanings: 

A. "Commission" means the Santa Ana Gaming Regulatory Commission. 

B. "Covered Offense" means any v:iolation of any State gambling law that occurs on 

Pueblo land, or any other violation ofany State criminal law involving the Enterprise 

or any employee thereof, or that occurs on the premises of the Enterprise, that is 

committed by any person who is not a member of the Pueblo. 

C. "District Attorney Resources" means those human and other resources utilized by the 

District Attorney for the purpose ofhandling Covered Offenses and performing other 

functions of the District Attorney under the provisions ofthis Agreement. 

D. "Enterprise"means the Santa AnaStar Casino, its Pueblo-owned operator, Santa Ana 

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Non-Profit Enterprise ("SANE''), and any other gaming enterprise owned, operated 

and permitted by the Pueblo on Pueblo land. 

E. "Liaison" means one or more individuals or staff positions within the office of the 

District Attorney, identified from time to time by the District Attorney to the Pueblo, 

who shall be the 24-hour-a-day contact point for the Pueblo and its various agencies 

and entities with the District Attorney for purposes relative to this MOU. 

F. "SAPD" means the Santa Ana Police Department, the law enforcement agency 

operated and maintained by the Pueblo. 

G. "SLEA" means a State law enforcement agency, including the Sandoval County 

Sheriffs Office, the New Mexico State Police, or any other law enforcement agency 

providing services near the Pueblo that might be called upon to assist with a Covered 

Offense. Should the Pueblo enter into a cross-commissioning agreement with the 

State pursuant to 1978 NMSA § 29-1-11, SLEA also shall include any officers ofthe 

SAPD who are cross-commissioned by the State under that agreement. 

III. NOTICE OF COVERED OFFENSES 

A. In general, and subject to the following principles and procedures, whenever the 

SAPD, the Enterprise or the Commission (which are sometimes collectively referred 

to herein as "the Pueblo Entities") becomes aware of information indicating that a 

Covered Offense has occurred or is occurring, notice thereof shall be given to an 

available SLEA, to the Liaison, and to the Attorney General of the State, at the 

earliest practicable time consistent with prudent law enforcement practices and the 

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interest of protecting the safety and welfare of employees and patrons of the 

Enterprise. 

B. If a Covered Offense is occurring at the time the notice to the Liaison is given, the 

parties agree that the SAPD and/or the security personnel ofthe Enterprise may, both 

before and after the giving ofnotice to an SLEA and the Liaison, take such steps as 

they reasonably deem appropriate to assure the safety of employees and patrons of 

the Enterprise, and of their property, and secondarily to detain the suspected 

offenders, and to do such other things consistent with sound law enforcement 

practices as the circumstances shall call for. To the extent feasible an SLEA and the 

Liaison shall be notified of any and all such measures that have been taken or may 

be taken by either agency. Upon the arrival of SLEA personnel on the scene and 

their contact with the senior SAPD official on the scene, control and supervision of 

the situation shall be tumed over to the senior SLEA official present. SAPD and 

Enterprise personnel shall continue to assist as requested by the senior SLEA official 

present. 

C. The Pueblo Entities and the District Attorney may establish a system for electronic 

notification to the District Attorney and to an SLEA that a Covered Offense is 

occurring under circumstances amounting to an emergency at the gaming facility. 

Activation ofsuch system shall constitute notice of a Covered Offense for purposes 

of this MOU, but the agency or office receiving such notice shall immediately 

attempt to confirm the occurrence of a Covered Offense by voice communication 

with the Enterprise or the SAPD before dispatching law enforcement resources to 

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the scene. Ifsuch communication or confirmation cannot be established, the agency 

shall without delay dispatch such resources as are available. 

D. In all other cases involving a possible Covered Offense, the SAPD shall conduct a 

sufficient investigation to determine that a Covered Offense has probably occurred, 

and shall thereupon give notice to the Liaison, an SLEA and the state Attorney 

General thereof, and shall transmit to the Liaison a complete copy of the entire 

investigative file on such matter. 

E. Once notice has been given to the Liaison of the possible occurrence of a Covered 

Offense, the matter shall be deemed transferred to the jurisdiction of the District 

Attorney, but the Pueblo Entities shall cooperate with and assist the District Attorney 

and State and local Jaw enforcement agencies as requested m any further 

investigative or other functions with respect to the matter. 

IV PROSECUTION 

A. District Attorney Responsibilities 

(1) Initial Determination - Reference to United States Attorney. As soon as 

practicable after receiving notice of a possible Covered Offense, the District Attorney. 111 

consultation with the Pueblo Entities, shall determine whether the matter is one that should be 

referred to the United States Attorney for the District of New Mexico ("U.S. Attorney") for 

prosecution. Ifa decision is made to make such referral, the District Attorney shall provide written 

notice thereof to the Pueblo Entities as soon as practicable, but in no event later than ten ( I 0) days 

after such referral occurs. 

(2) Exercise of Prosecutorial Discretion. If the District Attorney 

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detennines notto refer the matter to the U.S. Attorney, the District Attorney shall detennine whether 

to prosecute the matter, and shall give written notice of such determination no later than thirty (30) 

days after the District Attorney first received notice of the matter from the Pueblo agency. unless 

additional time is required to conduct a sufficient investigation on which to base such decision, in 

which case the District Attorney shall notify the Pueblo Entities ofthe need for such additional time, 

and shall give the notice of the decision whether to prosecute within the additional time agreed to 

In the event the District Attorney determines not to prosecute, copies of all investigative materials 

developed by the District Attorney, all evidence and other documents and things relevant to the case 

shall be returned by the District Attorney to the SAPD. 

(3) District Attorney Reports. The District Attorney shall provide the Pueblo 

Entities with a written report within thirty (30) days after the end of each calendar quarter as to the 

status ofeach matter referred to the District Attorney pursuant to this MOU that was pending in the 

District Attorney's office al any time during that quarter. 

B. Pueblo Responsibilities The Pueblo Entities shall cooperate with the relevant 

SLEA and the District Attorney in all matters relative to the investigation and prosecution of a 

Covered Offense. Where the Distrkt Attorney declines prosecution of a Covered Offense, the 

Pueblo shall thereafter determine whether to request prosecution by the State Attorney General or 

the U.S. Attorney. 

V. PUEBLO'S PAYMENT OF COSTS FOR DISTRICT ATTORNEY RESOURCES 

A. The District Attorney shall assign such personnel and other resources as he shall deem 

necessary to prosecute Covered Offenses referred to his office under the provisions of this 

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Agreement, and under any similar agreement with any other Pueblo, which resources constitute the 

District Attorney Resources. The parties agree that the annual cost of the District Attorney 

Resources is no less than one hundred seventy-five thousand dollars ($175,000), and that that sum 

should be paid by the Indian tribes that have entered into agreements such as this one with the 

District Attorney, on an equal basis. The District Attorney shall annually provide the Pueblo with 

a report setting forth the costs incurred by the District Attorney to maintain the District Attorney 

Resources. In the event such costs exceed two hundred thousand dollars ($200,000) in any year. the 

parties agree that they will renegotiate the amount of the Pueblo's payments hereunder (and the 

District Attorney agrees that he will renegotiate the payment requirements in any similar agreement 

with any other Indian tribe) so as to assure that such payments fully cover such costs. 

B. Payments to the District Attorney by the Pueblo to cover the costs of the District 

Attorney Resources shall be made at the beginning ofeach calendar quarter, beginning .,,,,th the first 

calendar quarter to begin after this Agreement is entered into. The amount of each such payment 

shall be $43,750 (unless such amount is renegotiated, as set forth above), multiplied by a fraction 

whose numerator is one and whose denominator is the number oflndian tribes that have entered into 

agreement such as this one, pursuant to Section !O(E) of the Compact, with the District Attorney 

(including the Pueblo). Any payment not made within fifteen (15) days after the beginning of a 

calendar quarter shall bear interest at ten percent (10%) from the original due date until paid. 

VI. GENERAL PROVISIONS 

A. Review By Pueblo and District Attorney, Upon the request ofeither party, and at 

least annually, the Pueblo Entities and the District Attorney will meet to review the perfonnance and 

Santa Ana Pueblo-13th Judic.Dist.DA--MOU-March 9, 20-00-Pagc 7 
effectiveness ofthe MOU, and discuss matters of concern to either party. 

B. Amendments. This agreement may be amended by written agreement ofthe Pueblo 

and the District Attorney. 

C. lnterpl"etation. This agreement is to be interpreted in such a manner as to be 

consistent with the provisions of the IGRA, the Compact, and the federal principles governing 

agreements with Indian tribes. 

D. Dispute Resolution. In the event that a dispute arises between the District Attorney 

and the Pueblo over interpretation of, and performance under, this MOU, that the parties are unable 

to resolve themselves after good faith effort. the parties agree to undergo a mediated dispute 

resolution process, utilizing a mediator selected by the parties, or ifthe parties are unable to agree, 

by the chairperson of the New Mexico State Bar Committee on Altemative Methods of Dispute 

Resolution. In the event the mediated process fails, the parties shall use the Dispute Resolution 

provisions ofthe Compact to resolve the dispute. 

E. Effective Date. This MOU shall be effective upon its signing by the parties. 

F. Applicability to Subsequent Compacts. In the event the State and the Pueblo enter 

into a new tribal-state class III gaming compact, replacing the Compact under which this Agreement 

is entered into, this Agreement shall continue uninterrupted, unless the terms or provisions of the 

new compact require a change in the tenns of this Agreement, in which case the parties agree to 

negotiate such modifications to the terms hereof as may be required. 

Santa Ana Pueblo-13th Judic.DisLDA··MOU-March 9, 2001}--Page 8 
VII. TERM AND TERMINATION 

A. Term. This Agreement shall have a term of one (l) year, but shall automatically 

renew for subsequent one-year terms unless terminated as set forth herein . 

B. Termination. Either party may terminate this MOU at any time, upon thirty (30) 

days written notice to the other, except that no such termination shall affect the District Attorney's 

responsibility with respect to matters referred to the District Attorney's office, or the District 

Attorney's obligation to report to the Pueblo on all such matters as set forth in paragraph IV(A)(3), 

as long as any such matters remain pending, nor shall such termination affect the obligation of the 

Pueblo Entities to cooperate v,;ith the District Attorney on all such matters. In the event any such 

termination becomes effective after the beginning of a calendar quarter but before the midpoint of 

such quarter, the Pueblo shall be entitled to a refund by the District Attorney of an amount equal to 

one-half of the payment made by the Pueblo at the beginning of that quarter. 

Date: 

STATEOFNEWME 0 

OFFICE OF THE DIS RICT ATTORNEY 

TEENTH JUDICIAL DISTRICT 

Date: 

Michael Runnels, District Attorney 

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