AGREEMENT RELATING TO THE USE OF LAW ENFORCEMENT FACILITIES AND 

PERSONNEL IN COOPERATION BEWEEN MILLE LACS BAND LAW 

ENFORCEMENT AGENCY AND THE COUNTY OF MILLE LACS 

This Agreement, made and entered into between the Mille Lacs Band of Chippewa Indians Law 

Enforcement Agency through the governing body of the Mille Lacs Band of Chippewa Indians 

and the County of Mille Lacs and its Chairman of the Board and the Mille Lacs County Sheriff 

pursuant to the provisions of Minnesota Statutes 471.59. 

WHEREAS, by virtue of the enactment by the Minnesota Legislature of law, 1991, Chapter 

189, and Mille Lacs Band of Chippewa Indians, a federally recognized band of Indians, was 

granted powers of a law enforcement agency as defined under Minnesota Statutes 626.84, Subd. 

1(h), and 

WHEREAS, the geographical authority of the Mille Lacs Band Law Enforcement Agency 

is specifically governed by Minnesota Statutes 628.90 and Subdivision 2 (c) (1) of that statute is 

specifically limited to the lands listed in Appendix A attached hereto and incorporated by this 

reference; and 

WHEREAS, the creation of a Mille Lacs Band Law Enforcement Agency necessitates that 

the parties have a definite understanding described above by the Mille Lacs Band Law 

Enforcement Agency and the Mille Lacs County Sheriff in a cooperative fashion which will 

promote effective law enforcement, enhance the public safety interests of all citizens and facilitates 

the administration of justice; and 

WHEREAS, the parties hereto desire to establish policies and procedures relative to the 

joint exercise of criminal jurisdiction within the territory described above; and 

WHEREAS, the parties hereto agree that the terms of this Agreement should be precise 

and concise with a minimum of complication, yet protect public safety interests of all citizens and 

the constitutional and civil rights of all concerned, the parties hereby agree as follows: 

MUTUAL ASSISTANCE 

When the officer in charge of the Mille Lacs Band Law Enforcement Agency or the sheriff 

or officer in charge of the County of Mille Lacs determines that assistance is necessary for purposes 

of law enforcement within the territory described above, and within either judgment assistance is 

desired from the other participating law enforcement agency and upon receipt of such request, the 
 

chief of the Mille Lacs Band Law Enforcement Agency or sheriff or officer in charge of each law 

enforcement agency is authorized to furnish the requesting law enforcement agency with such 

assistance in the form of personnel and equipment that he/she may determine available to the 

satisfaction of such request. 

DUTIES OF LAW ENFORCEMENT AGENCIES 

When responding party supplies law enforcement officers to a requesting party, such 

officers shall remain under the direction and control of the responding party; shall be paid by the 

responding party; shall be protected by Workman’s Compensation of the responding party; shall 

be covered by Tort liability policies of the responding party in conformance with the provisions 

provided for in this agreement; and shall otherwise be deemed to be performing the regular duties 

for the responding party. However, the responding party shall undertake to coordinate with the 

requesting party the police assistance which it provides with the following specific exceptions: 

1. The Sheriff of Mille Lacs County or officer in control of the Mille Lacs County Sheriff’s 

Department will have the ultimate discretion to control any designated crime scene and officers 

of the Mille Lacs Band Law Enforcement Agency will agree pursuant to this agreement to 

cooperate and undertake the commands of the Mille Lacs County Sheriff or the officer in 

charge; 

2. That for purposes of investigation of any automobile accident resulting in death or injury, the 

parties agree that if available and if appropriate, investigation of such accidents or deaths shall 

be undertaken by the Minnesota Highway Patrol. 

PERSONNEL AND EQUIPMENT 

A responding party shall be responsible for its own personnel, equipment and supplies and 

for injuries or death to any such personnel, or to damage to any such equipment or supplies, except 

that, when the assistance provided consists of the furnishing of equipment and supplies by the 

responding party to the requested party for use by the requesting parties’ law enforcement 

personnel, the requesting party shall be responsible to return such equipment or supplies to the 

responding party in their original condition or repair or replace the same, as appropriate, as soon 

as circumstances permit. 

PREPARATION OF INVESTIGATION REPORTS AND COURT APPEARANCES 

Each law enforcement agency agrees that in connection with the investigation of any crime 

or traffic offense by the law enforcement agency or its officers that each individual officer 

responding and providing law enforcement shall be responsible to prepare and forward a report to 

the Office of the Mille Lacs County Attorney for review and possible prosecution. Each law 
 

 

 

 

enforcement agency additionally agrees that it will provide upon request of the Mille Lacs County 

Attorney’s Office or other prosecuting authority any additional or supplemental investigation 

including interviewing of all necessary witnesses or the execution of any necessary process 

including search warrants and file the same according to law and with the Mille Lacs County 

Attorney’s Office or other prosecuting authority for review. Officers of each law enforcement 

agency additionally agree that officers will be available for any hearing set by the Mille Lacs 

County Court Administrator or the Mille Lacs County Attorney’s Office or other prosecuting 

authority. The obligation to attend hearings extends throughout the time of trial and attendance at 

hearings will not necessitate travel or mileage allowance, the need to subpoena officers, or other 

out-of-pocket compensation including wages that may be incurred by officers who are waiting for 

hearings to occur. It is specifically understood by the parties to the Agreement that no monetary 

exchange or renumeration shall be due by either law enforcement agency to the other for any 

assistance which may be requested or for services which may be rendered by one agency to another 

agency unless such payment or remuneration shall be agreed upon in writing separately and apart 

from this Agreement. 

The Mille Lacs County Attorney’s Office or other prosecuting authority will make all 

reasonable attempts upon notice to request necessary continuances due to officer illness, vacation, 

or other conflicts which may prohibit an officer from attending any scheduled hearing or trial. 

CRIME REPORTING OBLIGATIONS 

The law enforcement agencies as parties to this Agreement agree that any required state 

crime reporting obligations shall be coordinated with the Mille Lacs County Sheriff’s Department 

and the Mille Lacs Band Law Enforcement Agency shall provide the Sheriff’s Department with 

information, reports and forms sufficient so that the Mille Lacs County Sheriff’s Department can 

discharge duties of state crime reporting. All efforts will be made to statistically distinguish state 

crime reporting based upon cases investigation by the Mille Lacs Band Law Enforcement Agency 

and the Mille Lacs County Sheriff’s Department. 

PART-TIME PEACE OFFICERS 

The parties to this Agreement agree that they shall not employ part-time peace officers in 

the discharge of any law enforcement functions under this Agreement unless the part-time peace 

officer is supervised in a manner consistent with the provision of Minnesota Statutes 626.465. 

Each party, however, agrees that the supervision of part-time peace officers is the sole and 

exclusive responsibility of the respective law enforcement agency and neither party will assume 

nor assert that their own part-time peace officers are being supervised by the other law enforcement 

agency unless specifically agreed to in writing by the Sheriff of Mille Lacs County or the Chief 

Law Enforcement Officer of the Mille Lacs Band of Chippewa Indians. 
 

 

 

JURISDICTION AND DEFENSE NOT WAIVED 

Nothing in this Agreement shall be construed to affect or waive the jurisdiction of the State 

of Minnesota, the United States, or the Mille Lacs Band of Chippewa Indians which each has under 

present laws or may have under future laws. It is further understood and agreed that this Agreement 

shall not constitute a waiver of any legal defense, except as specifically provided for in this 

Agreement, that officers of either the Mille Lacs Band Law Enforcement Agency or Mille Lacs 

County Sheriff’s Department may have in any civil or criminal action brought pursuant to the 

implementation of this Agreement. 

The Mille Lacs Band of Chippewa Indians agrees to be subject to liability for its torts and 

those of its officers, employees, and agents acting within the scope of their employment or duties 

arising out of a law enforcement agency function, to the same extent as a municipality under 

chapter 465 of Minnesota Statutes, and the Band further agrees, notwithstanding Minn. Stat. 

16B.06, subdivision 6, to waive its sovereign immunity for purposes of claims of this liability. 

The waiver of sovereign immunity does not apply to claims brought by employees of the 

Band, against the Band as an employer, arising out of the employment policies or practices of the 

Band including, but not limited to, claims due to demotion, selection, dismissal, and failure to 

promote. 

ONGOING COMMUNICATION AND CONFLICT 

At the discretion of the Sheriff of Mille Lacs County, the Mille Lacs County Attorney, the Solicitor 

General of the Mille Lacs Band, and the Chief Law Enforcement Officer of the Mille Lacs Band, 

a committee may be established to review the implementation of this Agreement. The committee 

shall be comprised of designated representatives of the Mille Lacs Band Law Enforcement 

Agency, the Mille Lacs County Sheriff’s Department, the Mille Lacs Band Solicitor and the Mille 

Lacs County Attorney. The committee, upon discretion of its members, may meet at least quarterly 

and as needed and at times and places as may be mutually agreed upon. The committee shall make 

a written report to be distributed to each party to this Agreement concerning issues discussed by 

the committee. 

AMENDMENTS 

This Agreement may be amended by mutual consent of both parties. Any amendment shall 

be in written form, signed by all parties to this Agreement and shall thereafter become part of this 

Agreement. 
 

DURATION 

This Agreement shall continue in force until revoked by either party upon thirty (30) days 

written notice to the other party. Notice of revocation shall be addressed to the following parties: 

Mille Lacs County Sheriff, Courthouse, Milaca, Minnesota 56353; Chief Law Enforcement 

Officer, Mille Lacs Band of Chippewa Indians, HCR 67, Box 194, Onamia, MN 56359. 

EFFECTIVE DATE, TERMINATION AND RENEWAL 

This Agreement shall be effective on ___________________________ and shall remain 

effective unless revoked as provided for in this Agreement. 
 

 

 

 

 

 

 

 

 

 

 

 

IN WITNEESS WHEREOF, we hereby set our hands attesting to the provisions of the above 

Amended Agreement. 

Mille Lacs Band Chippewa Indians 

By: _______________________________ ______________________________ 

Marge Anderson 

Chief Executive 

Mille Lacs Band of Chippewa Indians 

By: _______________________________ ______________________________ 

_______________________________ ______________________________ 

Jim (illegible) 

Solicitor General 

Mille Lacs Band of Chippewa Indians 

By: 

Bruce Lindgren 

Chief Law Enforcement Officer 

The County of Mille Lacs 

David (illegible)

Chairman, Board of Commissioners 

Jennifer A. Fahey 

Mille Lacs County Atty 

Dennis (illegible)

Mille Lacs County Sheriff