COOPERATIVE LAW ENFORCEMENT AGREEMENT 

BETWEEN THE STILLAGUAMISH TRIBE OF 

INDIANS AND SNOHOMISH COUNTY 

This Cooperative Law Enforcement Agreement Between The Stillaguamish Tribe 

Of Indians and Snohomish County (the "Agreement") is entered into between Snohomish 

County (hereinafter "the County"), a political subdivision of the State of Washington, and 

the Stillaguamish Tribe of Indians (hereinafter '·the Tribe"), a federally recognized Indian 

Tribe, signatory to the Treaty of Point Elliott on January 22, 1855, (12 Stat. 927), and 

organized pursuant to Section 16 of the Indian Reorganization Act of 1934, as amended, 

25 U.S.C. § 476, pursuant to chapters 10.92 and 39.34 RCW. 

RECITALS 

WHEREAS, the Stillaguamish Tribe is a federally recognized sovereign Indian 

Tribe that has a reservation, described in 79 FR 45456-0 I ("Reservation"), in Snohomish 

County. The Tribe also holds beneficial title to various parcels of land in Snohomish 

County ("Tribal Land"); and 

WHEREAS, law enforcement agencies have the responsibility to protect lives, 

protect property, and keep the peace; and 

WHEREAS, effective law enforcement depends upon the ability of responding 

law enforcement officers to take necessary action to protect lives and property and to 

preserve the peace without regard to jurisdictional limits; and 
WHEREAS, the Tribe and the County each wish to facilitate a cooperative 

approach to law enforcement to enhance public safety for all persons; and 

WHEREAS, chapter 10.92 RCW authorizes a tribal police officer to act as 

general authority Washington peace officer, under certain conditions, thereby giving a 

tribal police officer the same powers as any other general authority Washington peace 

officer to enforce state laws in Washington, including the power to make arrests for 

violations of state laws; and 

WHEREAS, it is intended that Tribal police officers who (I) have successfully 

completed the requirements of RCW 43.10 l.157, (2) are employed by a Tribal authority 

that has provided sufficient proof of insurance to the Office of Financial Management for 

the State of Washington, and (3) are in all other respects qualified to act as a peace officer 

under RCW I 0.92, shall be eligible to act as a general authority Washington peace officer 

as provided under the law and this Agreement; and 

WHEREAS, the parties also believe that providing certain members of the 

Snohomish County Sheriffs Office with Stillaguamish Tribal Police Commissions, under 

the terms and conditions of this Agreement, will directly enhance public safety in the 

region; and 

WHEREAS, the parties enter into this cooperative agreement for the purpose of 

effectuating efficient law enforcement on both Stillaguamish Reservation and Tribal 

Lands and within the boundaries of Snohomish County. 

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AGREEMENT 

NOW, THEREFORE, this Agreement is entered into under the Interlocal 

Cooperation Act (chapter 39.34 RCW), the Tribal Police Officers Act (chapter 10.92 

RCW) and the Constitution and Laws of the Stillaguamish Tribe of Indians, and the 

parties agree as follows: 

Definitions. As used in this Agreement: 

a) "Authorized Tribal Officer" means a law enforcement officer 

employed by the Tribe who has successfully completed the requirements of RCW 

43.101.156 and is authorized under chapter 10.92 RCW to exercise the powers of 

a general authority Washington peace officer. 

b) "Tribal Commissioned Sheriff's Deputy" means a law 

enforcement officer employed and commissioned by the Snohomish County 

Sheriff who has been granted a Tribal commission by the Stillaguamish Police 

Chief. 

c) "Chief of Police" means the Chief of Police of the Stillaguamish 

Tribe of Indians Police Department. 

d) "Commission Letter" means a letter issued by the Chief of Police 

to a Tribal Commissioned Sheriffs Deputy. 

d) "Deputy Sheriff' means a law enforcement officer employed by 

the County, who has a current commission as a deputy granted by the Sheriff. 

h) "Sheriff' means the Sheriff of Snohomish County. 

j) "Tribal Police Officer" means a law enforcement officer 

employed by the Tribe. 

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2. Jurisdiction. Nothing in this Agreement shall be construed to cede any 

jurisdiction of any party to this Agreement, to modify the legal requirements for arrest or 

search and seizure, to otherwise modify the legal rights of any person not a party to this 

agreement, to accomplish any act violative of state, federal or Tribal law, or to subject the 

parties to any liability to which they would not be subject by law. 

3. Tribal Police Officer Peace Officer Authority. Authorized Tribal Police 

Officers may exercise general Washington peace officer authority as provided in chapter 

10.92 RCW. 

4. Revocation of Tribal Police Officer Peace Officer Authority. The Tribe 

shall notify the County by the next business day, in writing, if an Authorized Tribal 

Officer's certification is revoked pursuant to chapter 43.101 RCW. 

5. Geographic Authority. The authority granted to Authorized Tribal 

Officers shall be coextensive with the exterior boundaries of the Stillaguamish 

Reservation, except that an Authorized Tribal Officer is authorized to act as provided by 

RCW l 0.93.070. In executing this Agreement, the Parties agree that this Agreement 

shall constitute prior written consent by the Sheriff pursuant to RCW 10.93.070(1), 

provided however, the Sheriff retains the right to withdraw such written consent at any 

time. 

6. Issuing Tribal Commissions. The Chief of Police shall have sole 

discretion to grant or deny Tribal Commissions to Deputy Sheriffs. The parties agree that 

the Sheriffs Office will allow the Stillaguamish Police Department to review all 

employment materials of any individual deputy of the Sheriffs Office applying for a 

Tribal Commission, including any pre-employment investigation, background, polygraph 

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or psychologist examination, as well as all appropriate waivers allowing the 

Stillaguamish Police Department access to such information. The Chief of Police agrees 

to make a good faith effort to keep such information confidential. The Chief of Police 

will not issue a Tribal Commission to an individual deputy of the Sheriffs Office unless 

the Stillaguamish Police Department's review of the applicant deputy of the Sheriffs 

Office's employment materials indicates that the deputy is qualified to receive a Tribal 

Commission. The Chief of Police will not issue a Tribal commission to an individual 

deputy of the Sheriff's Office unless that deputy has successfully completed the 

Washington State Basic Law Enforcement Training Academy or its equivalent as 

determined by the Chief of Police. The Chief of Police shall grant or deny each 

application within a reasonable time, and shall issue a Tribal Commission letter to the 

Snohomish County Sheriffs Office. 

7. Suspension and Revocation of Tribal Commission. The Chief of Police or 

his/her designee may, at any time, suspend or revoke the Tribal Commission of any 

Tribal Commissioned Deputy Sheriff for reasons solely within the discretion of the Chief 

of Police. The Chief of Police shall provide written notice of any such suspension or 

revocation and the reasons for such action to the Sheriff: As soon as practicable after 

receiving such notice of suspension or revocation, the Sheriff shall collect and return to 

the Tribes the Tribal Commission letter from the Deputy Sheriff whose commission is 

suspended or revoked. 

If the Sheriffs commission or general Washington peace officer certification of a 

Tribal Commissioned Deputy Sheriff is suspended or revoked for any reason. said 

person's Tribal commission shall be deemed revoked, and as soon as practicable 

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thereafter, the Sheriff shall notify the Chief of Police and collect and return to the Chief 

of Police the person's Tribal commission letter. 

8. Scope of Powers. Each Authorized Tribal Officer may exercise all powers 

of a general authority Washington peace officer, as provided for by applicable law, 

within the exterior boundaries of the Reservation, and throughout Snohomish County, as 

provided by RCW l 0.93.070(1 ). 

Tribal Commissions granted under this Agreement shall empower Tribal 

Commissioned Sheriffs Deputies to exercise all powers of a Tribal Officer as provided 

by applicable law. 

9. Exercise of Powers. Authorized Tribal Officers shall comply with all 

requirements under chapter 10.92 RCW, as adopted or later amended, when exercising 

authority as a general authority Washington peace officer. An Authorized Tribal Officer 

exercising authority as general authority Washington peace officer shall comply with the 

applicable constitutional and statutory provisions concerning enforcement of state laws 

when exercising such authority. Authorized Tribal Officers shall make all referrals for 

prosecution resulting from the exercise of general authority Washington peace officer 

authority to the appropriate prosecuting authority, who will be responsible to ensure that 

any criminal action is filed in an appropriate court, either federal, state, or Tribal. If any 

question exists with respect to the appropriate prosecuting authority, referral for 

prosecution shall first be made by notifying the Snohomish County Prosecuting Attorney, 

who will then process the referral by referring it to the appropriate federal, state, or Tribal 

prosecuting authority. 

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l0. Report of Exercise of Powers. A copy of any citation or notice of 

infraction issued, or any incident report taken, by an Authorized Tribal Officer acting in 

the capacity of a general authority Washington peace officer shall be submitted within 

three days to the police chief or sheriff within whose jurisdiction the action was taken. 

Any action taken by a Tribal Commissioned Deputy Sheriff pursuant to a Tribal 

Commission shall be reported immediately to the Stillaguamish Police Department. 

11. Operational Protocols. All Deputy Sheriffs shall at all times remain under 

the control of the Sheriff, and shall abide by the rules and regulations of the Sheriff, all 

state and local laws and regulations, the state and federal constitutions, and shall be 

subject to the direction of the Sherifrs Office. All Tribal Officers shall remain under the 

employment and control of the Police Chief and shall be subject to the direction of the 

Stillaguamish Tribe of Indians Police Department. 

In order to facilitate a better understanding of the law enforcement duties and 

expectations of federal, state, and Tribal law enforcement personnel, the parties have 

agreed to more detailed operational protocols. A copy of said protocols is attached as 

Attachment A to this Agreement, and is incorporated by reference. 

12. Prosecution. The parties recognize that the cooperation of law 

enforcement officers, including making court appearances as witnesses, is necessary for 

the effective prosecution of crimes and offenses resulting from enforcement actions taken 

pursuant to this Agreement. The parties agree to provide Authorized Tribal Officers and 

Tribal Commissioned Sheriffs Deputies when necessary as witnesses. 

13. Detention. The Stillaguamish Tribe will execute an Interlocal Agreement 

for Jail Services with Snohomish County. The terms and conditions of that agreement 

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will govern the detention of individuals arrested by Stillaguamish Police Officers and 

booked at the Snohomish County Corrections facility. 

14. Hold Harmless/Indemnification. The Tribe shall be responsible for all 

civil liability of whatever nature arising from the act-; of its own law enforcement officers 

and employees regardless of whether such officer or employee was an Authorized Tribal 

Officer. The County shall be responsible for all civil liability of whatever nature arising 

from the acts of its own law enforcement officers and employees, regardless of whether 

such an officer or employee was a Tribal Commissioned Deputy Sheriff. Under no 

circumstances shall the Tribe or the County be held liable for the acts of employees, 

agents, or representatives of the other party performed under color of this Agreement. 

The Tribes and the County shall indemnify each other for all claims, judgments or 

liabilities by third parties for bodily injury, p'.operty damage, personal injury, or civil 

liability of any type and nature which may arise out of the activities of their employees, 

agents, or representatives pursuant to this Agreement or the commissions described 

herein. 

15. Insurance. The Tribe agrees to procure and maintain an insurance 

policy(s) in the amount of not less than $IO million (I0,000,000.00) dollars per 

occurrence insuring against claims for Bodily Injury, Personal Injury and Property 

Damage including false imprisonment, false arrest, police professional liability, and 

violation of civil rights, including cross-liability claims and shall maintain said policy(s) 

in full force and effect during the life of this Agreement. If this Agreement expires or is 

terminated for any reason, the Tribe agrees to continue to carry the above required 

insurance covering all actions taken under this Agreement until such time as protection 

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from suit is granted by the statute oflimitations. In the event the coverage is on a claimsmade basis, the Tribe warrants that it will maintain said coverage to the statute of 

limitations for any covered action for each policy year in succession. 

The insurance shall be endorsed to include the County, its officers, officials, 

employees and agents as an additional insured, in a form acceptable to the County, 

without a cross-liability exclusion and refer to this Agreement and the Agreement for Jail 

Services (when executed). Such insurance shall provide thirty (30) days' written notice 

to the County in the event of cancellation or material change. The insurance company or 

the Tribe shall provide written notice to the County within thirty (30) days after any 

reduction in the general aggregate or occurrence limit. The Tribe shall provide the 

County with a certificate of insurance and additional insured endorsement prior to this 

Agreement's effective date and shall provide the County a copy of the above insurance 

policy upon its request, including any endorsements to said policy after the date of its 

issuance. 

16. Limited Waiver of Sovereign Immunity. The Tribe expressly reserves all 

of its inherent sovereign rights as a sovereign Tribe, including its rights as a federallyrecognized Tribe to sovereign immunity from suit in any state, federal or tribal court 

without the Tribe's explicit consent. By entering into this Agreement, the Tribe hereby 

grants a limited waiver of sovereign immunity to Snohomish County only, subject to and 

conditioned on the following: 

a. This limited waiver of sovereign immunity shall not extend to or be used for or to 

the benefit of any other person or entity of any kind or description whatsoever, 

including any successor or assign of Snohomish County. 

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b. Nothing contained in this Agreement shall be deemed a consent to levy of any 

judgment, lien or attachment upon any assets, property or interest of the Tribe 

except as specifically described herein. 

c. Nothing in this Agreement nor any activity of the Tribe shall implicate or in any 

way involve the trust assets or credit of the Tribe or any of its members. 

d. The Tribe hereby expressly waives sovereign immunity to suit only with respect 

to claims made relating to, or arising under, this Agreement by any party, to 

interpret or enforce the terms of this Agreement, or upon a claim of 

indemnification by Snohomish County to this Agreement under Section 13. The 

limit for any claim of indemnification will be the insurance limit required by this 

Agreement. The parties agree that in discharging this indemnification obligation, 

where the required insurance is procured, the County shall look only to the 

proceeds of the insurance procured by the Tribe herein, and the policy of 

insurance obtained by the Tribe shall prohibit the insurer from asserting a defense 

of sovereign immunity to a claim made under the policy. 

The Tribe agrees to assign over to the County, at its request, any and all of its rights 

against the insurer to effectuate a payment of its indemnification provision. Should the 

Tribe fail to procure and maintain the insurance required by this Agreement, the Tribe 

hereby waives any claim of immunity or exemption for any assets it holds that are not 

subject to a restriction against alienation up to the amount necessary to discharge the 

indemnity obligation and the costs of collection. 

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All immunities enjoyed by County law enforcement officers under state or federal law 

shall inure to the benefit of Authorized Tribal Officers when exercising general 

Washington peace officer authority pursuant to chapter I 0.92 RCW and the terms of this 

Agreement. 

Nothing m this Agreement shall preclude the Tribe, the County, or their 

employees, agents, or representatives from seeking the benefits and protections of the 

Federal Tort Claims Act. It is expressly agreed and understood that the indemnification 

provided for in this section is for the benefit of the Tribe and County and their respective 

Authorized Tribal Officers and Commissioned Deputies individually only, and there is no 

intention by the parties to confer any other rights. 

17. Governing Law and Venue. This Agreement shall be governed by, 

construed, and enforced in accordance with the laws of the State of Washington. Any 

controversy, dispute, or claim of whatever nature arising out of, in connection with, or in 

relation to the interpretation, performance, or breach of this Agreement, including 

without limitation any claim based on contract, tort, or statute, shall be resolved by final 

and binding arbitration. 

The County or the Tribe may initiate arbitration by providing written notice of 

intent to arbitrate to the other parties, together with a statement of the matter in 

controversy. If the parties are unable to agree upon a single arbitrator within thirty (30) 

days of such notice of intent, the County and the Tribe each may appoint an arbitrator by 

providing written notice of the name of an arbitrator to the other. If either the County or 

the Tribe does not so appoint an arbitrator within ten ( l 0) business days after the other 

party appoints an arbitrator, the single appointed arbitrator shall act as the sole arbitrator 

I I 
ofthe specified controversy. If each party appoints an arbitrator, the two arbitrators shall 

meet promptly and attempt to select a third arbitrator. Ifthe two appointed arbitrators are 

unable to agree on a third arbitrator within ten ( I 0) business days after the second 

arbitrator is appointed, either the County or the Tribe may apply to the Superior Court of 

Snohomish County for the selection of a third arbitrator. Once appointed, the threearbitrator panel shall determine the specified controversy. Each party shall bear the cost 

of any arbitrator it appoints, and one-half (1 /2) of the cost of appointing a third arbitrator 

and the third arbitrator's fee. Any arbitrator appointed under this provision must be an 

active member ofthe Washington State bar. 

The arbitration rules and procedures in Chapter 7.04 RCW shall govern the 

arbitration process, the Washington State rules of civil procedure shall govern prehearing discovery to the extent not incompatible with the procedures set forth in Chapter 

7.04 RCW, and the law of evidence of the State of Washington shall govern the 

presentation of evidence at the arbitration hearing. 

An award or decision rendered by a majority of the arbitrators appointed under 

this Agreement shall be final and binding on all parties to the proceeding, and judgment 

upon any award or decision rendered by the arbitrators may be entered in the Superior 

Court of Snohomish County, Washington and enforced in the same manner as any other 

judgment. 

Nothing in this Agreement shall be deemed or construed to give the arbitrators 

any authority, power, or right to alter, change, amend, modify, add to, or subtract from 

any of the provisions of this Agreement, except to the extent that any part of this 

Agreement is determined to be illegal. 

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18. Employee Status. The authority granted herein shall not create an agency 

or employee status between a Tribal Officer and Snohomish County. The employees of 

the Tribe acting hereunder shall be considered employees of the Tribe for all purposes. 

The Tribe shall be responsible for all aspects of the employee's employment including, 

but not limited to, wages, benefits, performance, discipline, and termination. Similarly, 

the authority granted herein shall not create an agency or employee status between a 

Sheriffs Deputy and the Tribe. The employees of the County acting hereunder shall be 

considered employees of the County for all purposes. The County shall be responsible 

for all aspects of the employee's employment including, but not limited to, wages, 

benefits, performance, discipline, and termination. 

19. Amendments. No changes or modification to this Agreement shall be 

valid or binding upon the parties unless such changes or modifications are in writing and 

executed by the parties. 

20. Severability. It is understood and agreed to by the parties hereto that if 

any part of this Agreement is illegal, the validity of the remaining provisions shall not be 

affected and the rights and obligations of the parties shall be construed as if the 

Agreement did not contain the particular illegal part. 

21. Integration. This Agreement contains terms and conditions agreed upon 

by the parties. The parties agree that there are no other understandings, oral or otherwise, 

regarding the subject matter of this Agreement. 

22. Notice. Any notice required or permitted to be given under this 

Agreement to a party shall be deemed sufficient if given in writing and sent by certified 

13 
mail to the address stated below for each party, or to any other address to which the party 

may inform all other parties in writing with specific reference to this Agreement: 

For Snohomish County: Snohomish County Executive 

3000 Rockefeller Ave. M/S 407 

Everett, WA 9820 I 

425-388-3460 

For the Stillaguamish Tribe of 

Indians: 

Stillaguamish Tribe of lndians 

33 l 0 Smokey Point Drive 

Arlington, WA 98223 

23. Duration. The initial tenn of this A!::,rreement shall be for a period of one 

( l) year from the date of execution. The Agreement may be renewed for five (5) 

additional one (1) year option terms at the end of the initial term or option term, as 

applicable, unless either party has earlier withdrawn or set forth its desire to have this 

Agreement terminate as specified in this section 22. Renewal will be accomplished by 

the exchange of renewal letters between the Sheriff and Chief of Police at least 15 days 

before the expiration of the initial or option term. 

24. Termination. Either party may, through its authorized officials, terminate 

this Agreement upon sixty (60) days' written notice to the other party. Termination of 

this Agreement shall not affect or diminish authority exercised prior to the effective date 

of such withdrawal. Te11nination shall not relieve any party of its agreement to insure 

without interruption or indemnify each other party as required herein for liability or 

expense arising out of actions prior to the time termination becomes effective. 

Termination shall not relieve any party of its agreement to arbitrate any controversy, 

dispute, or claim under the terms of this Agreement that arises out of or is connected or 

related to this Agreement while in effect. 

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25. Warrantv. The signatories hereto hereby warrant that they have the power 

and authority and are duly authorized to enter this Agreement on behalf of the entity for 

whom they execute this Agreement in a representative capacity. 

26. This Agreement may be executed in counterpaiis, each of which shall be 

deemed to be an original, but all of which, taken together shall constitute one and the 

same agreement. A faxed copy or other electronic copy shall be deemed as an original. 

SNOHOMISH COUNTY 

Chair, Tribe Board of 

Directors 

Dated: -=¢-----2--a=--.....___/._0-=----- Dated ( 2t) IY 

APPROVED AS TO FORM ONLY: 

Tribal Attorney 

ti/u It'fcou~ USE ONLY 

Approved: -Jg{--/5 

Docfile: D • / O 

15 

APPROVED AS TO FORM ONLY: 
Attachment A 

Operational Protocols 

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ATTACHMENT A 

Law Enforcement Operations Protocol 

It is the intention of Snohomish County (hereinafter "County") and the Stillaguamish Tribe of Indians 

(hereinafter "the Stillaguamish Tribe") to work together cooperatively in law enforcement operations, on an 

as needed basis, affecting or relating to the Stillaguamish Tribe oflndians. In order to provide clear 

information to law enforcement officers and the public, this Protocol sets forth the agreed-upon 

understanding of the Snohomish County Sheriff's Office (hereinafter "SCSO") and the Stillaguamish Police 

Department (hereinafter "SPD"), as to how each agency will respond and coordinate with the other in 

response to law enforcement demands in Snohomish County and on the lands of the Stillaguamish Tribe of 

Indians. 

Basic Information for Officers. 

Stillaguamish police officers are authorized to exercise the powers of a general authority Washington peace 

officer on Tribal lands and throughout Snohomish County pursuant to the Agreement. 

Snohomish County Deputy Sheriffs who have been commissioned by the Stillaguamish Chief of Police 

("Cross Commissioned Deputy Sheriffs") will have jurisdiction to enforce Tribal law on the lands of the 

Stillaguamish Tribe of Indians. Snohomish County Deputy Sheriffs also have jurisdiction to enforce 

Washington state law, where applicable, on the lands of the Stillaguamish Tribe oflndians. 

The SCSO and the SPD each will provide its officers with a check-sheet that provides the basic rubric of 

their concurrent jurisdiction within the lands of the Stillaguamish Tribe and within unincorporated 

Snohomish County. 

The check-sheet will appear as follows: 

CONCURRENT JURISDICTION FOR 

OFFENSES OCCURRING ON THE 

- All criminal offenses and - All criminal offenses - All criminal offenses committed 

civil infractions committed by committed by Indian adults by Indian Adults. 

Indian adults and juveniles. State Court - All Tribal infractions committed 

State Court 

- All criminal offenses 

committed by Indian juveniles. 

Federal Court 

- Those crimes for which there 

is Federal Ct. jurisdiction. 

- All criminal offenses 

committed by Indian adults and 

juveniles. 

Federal Court 

- Those crimes for which there is 

Federal Ct. jurisdiction. 

by Indian adults and juveniles. 

State Court 

- All criminal offenses committed 

by Indian juveniles. 

• All non-driving related criminal 

offenses committed by Indian adults 

where the underlying land is owned 

by the State/County. 

- All driving related criminal 

offenses committed by Indian adults 

regardless of ownership of the 

underlying land. 

Federal Court 

- Those crimes for which there is 

Federal Ct. jurisdiction. 
Tribal Court 

- No Tribal court criminal 

jurisdiction over non-Indians. 

State Court 

- State court jurisdiction exists 

for all crimes committed by 

Non-Indian adults and NonIndian juveniles. 

Federal Court 

- Those crimes for which there 

is Federal Ct. jurisdiction. 

Tribal Court 

- No Tribal court criminal 

jurisdiction over non-Indians. 

State Court 

- State court jurisdiction exists 

for all crimes committed by 

Non-Indian adults and juveniles. 

Federal Court 

- Those crimes for which there is 

Federal Ct. jurisdiction. 

Tribal Court 

- No Tribal court criminal 

jurisdiction over non-Indians. 

State Court 

- All crimes and infractions 

committed by non-Indian adults and 

juveniles. 

Federal Court 

- Those crimes for which there is 

Federal Ct. jurisdiction. 

Contact information: Snohomish County Sheriffs Office North Precinct via SNO-PAC; Stillaguamish Police Department (360) 474-

9111, Chief Joe Orford via SNO-PAC; On-call Deputy Prosecutor via SNO-PAC 

Additional Guidelines for Officers. 

• Calls for service received by SNOPAC will be dispatched to SCSO and Stillaguamish Police 

respectively based on jurisdiction on the lands of the Stillaguamish Tribe oflndians. 

• In progress, life threatening emergencies will be broadcast to both SPD and SCSO. 

• SCSO and SPD supervisors will coordinate and decide who will be the lead agency on 

incidents that both agencies respond together. Ifthe suspect in the incident is Native 

American, SPD will have first right of refusal. 

• Approved Deputy Sheriffs issuing infractions to Tribal Court will affix a label to the SCSO 

infraction books that will direct the individual receiving the infraction to Stillaguamish Tribal 

Court. 

• Cross Commissioned Tribal Officers will complete the Superform for misdemeanors and 

felonies that will be referred to the Prosecuting Attorney under this agreement. 

Other Arrest Information. SPD and SCSO will support arrests made by each other. Responding law 

enforcement personnel will contain a situation before addressing issues ofjurisdiction. 

Both parties recognize that when a felony is committed against a Tribal business or casino owned by the 

Stillaguamish Tribe, the Federal Bureau oflnvestigation ("FBI") will also have investigative authority. 

The SPD may notify the FBI in such cases. 

Homicide/Unidentified Human Remains on Trust Land. The parties recognize that in many instances it 

will be impossible to determine early in an investigation which agency has jurisdiction. In those instances, 

both agencies should investigate together. 

• Officer-Involved Shootings/ Potentially Fatal Use of Force. If an officer involved shooting or other 

potentially fatal use of force involves a SPD officer acting within the lands of the Stillaguamish Tribe 

oflndians, then the Stillaguamish Police Chief will respond to assist the officer. The Tribal Police 

Chief may request that the SCSO respond to secure the site to prevent any appearance of impropriety. 

SPD agrees to participate in the SMART protocol; 

• The Stillaguamish Police Chief will respond to assist the officer; 

• The Tribal Police Chief may request that the SCSO respond to secure the site to prevent any taint or 

appearance of impropriety. If, while acting within the lands of the Stillaguamish Tribe of Indians, and 

officer involved shooting or potentially fatal use of force involves a Snohomish County Deputy 

Sheriff, Snohomish County protocol and procedures will apply. 

SNOHOMISH COUNTY SHERIFF 

Ty Trenary Date 

STILLAGUAMISH POLICE CHIEF 

Joe Orford, Chief Date