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Interlocal Agreement 

Between 

The Clallam County Sherifrs Office 

And 

The Jamestown S'Klallam Tribe 

Whereas, the Jamestown S'Klallam Indian Tribe ("Tribe") is a sovereign federally recognized 

tribe with authority to enter into intergovernmental agreements under its Constitution, Art. 1, § 

VII; and 

Whereas, the Tribe has land held in trust on its behalf by the United States that is defined as 

Indian country by 18 U.S.C. § 1151 ("Jamestown Indian Country") and as such is subject to 

tribal criminal jurisdiction; and 

Whereas, the State of Washington has not acquired criminal or civil jurisdiction over Jamestown 

Indian Country pursuant to the federal law commonly known as Public Law 280, codified at 18 

U.S.C. § 1162 and 28 U.S.C. § 1360; and 

Whereas, the Tribe wishes to improve law enforcement activities in areas subject to its 

jurisdiction by entering into an agreement ("Agreement") with Clallam County ("County") for 

the enforcement oftribal law by the County Sheriffs Office and 

Whereas, Clallam County and the Sheriffs Office have the authority to enter into this Agreement 

pursuant to RCW 39.34, the Interlocal Cooperation Act; and 

Whereas, the Clallam County Sheriffs Office ("CCSO") is the primary general Washington State 

("State") law enforcement agency in the area and the first response entity for some federal 

agencies; and 

Whereas, the Tribe and the County mutually agree that the CCSO will enforce Jamestown tribal 

law in Jamestown Indian Country as provided herein. 

Now, therefore, it is agreed as follows: 

1. Purpose 

The purpose ofthis Agreement is to memorialize the terms under which CCSO will 

provide law enforcement resources to the Tribe to provide for effective and efficient law 

enforcement by utilizing the existing federal jurisdictional framework, supplemented by tribal 

law. CCSO employees will enforce tribal law and any prosecutions shall occur in the Jamestown 

tribal court as provided below. Additionally, the CCSO may operate as the first response entity 

for the Federal Bureau of Investigation (FBI) in circumstances involving less than felony crimes. 

In circumstances involving a felony crime, CCSO will cooperatively investigate the crime with 

the involvement of the FBI. CCSO will enforce criminal law provisions of State law that apply 

to non-Indians in Jamestown Indian Country. 
2. Federal Law Unaffected 

Federal jurisdiction under the Major Crimes Act, 18 U.S.C. § 1153 ("MCA"), the Indian 

Country Crimes Act, 18 U.S.C. § 1153 ("ICCA"), and any other applicable federal law will 

continue unaffected by this Agreement. 

3. State Criminal Law Adopted as Tribal Law 

Selected State criminal laws, including juvenile offenses, will apply as designated by 

separate Tribal Council action in the form of amendments to the Tribal Code. Those laws are 

identified in Attachment "A" to this agreement, which may be amended, from time-to-time, as 

appropriate, at the sole discretion ofthe Tribal Council. 

4. Citation into Tribal Court 

By adopting selected State criminal law as tribal law and deputizing CCSO deputies as 

tribal officers, Indian offenders may be cited into tribal court for violations ofthe Tribe's 

criminal code. The Northwest Intertribal Court System ("NICS") will be utilized to assist in 

providing judicial services, including prosecutors, as needed. 

5. Arrests and Booking into County Jail 

CCSO officers shall use the same standards used under State law in cases outside of 

Jamestown Indian Country contexts for determining when arrest and detention in the County jail 

is appropriate for offenses against tribal law. Release from detention may be made only upon 

direction of the tribal prosecutor, or tribal court. The Tribe, as provided in a separate agreement, 

shall reimburse expenses for Jamestown S'Klallam Tribe prisoners. 

6. Notice to the Jamestown S'Klallam Tribe 

Notice of all citations issued and arrests made by the CCSO pursuant to tribal law will be 

provided to the Tribal prosecutor's office as soon as practicable, but not later than the business 

day after the citation is issued, or arrest is made. The determination of whether to prosecute any 

given case shall be in the sole discretion ofthe Tribal prosecutor. 

7. CCSO Assistance in Investigation and Prosecution 

CCSO shall assist the tribal prosecutor in the investigation of violations of tribal law, as 

well as the prosecution of offenses. This includes CCSO deputies appearing as witnesses at 

hearings, providing records related to arrests and citations, and conducting investigations. 

8. Case Reports and Public Disclosure Requests 

Arrests and case reports will be processed using the CCSO case report forms and 

processed in the multi-jurisdictional AEGIS criminal records database under the Tribe's assigned 

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ORI (Originating Agency Identifier- a nine-digit code used by agencies on the law enforcement 

network). 

Any law enforcement requests for the Tribe's records maintained by the CCSO will be 

handled by the CCSO. Any public disclosure requests received by CCSO for the Tribe's records 

will be processed in collaboration with the Tribe's legal advisor. 

9. Jurisdictional Disclaimer and Sovereign Immunity 

Nothing in this Agreement grants the State, County, or the Tribe any jurisdiction that it 

did not have before the Agreement was signed. Rather, this Agreement simply authorizes the 

CCSO to enforce tribal law, which includes State law incorporated by reference into tribal law, 

within Jamestown Indian Country. This Agreement does not authorize CCSO enforcement of the 

tribal fishing and hunting codes, except as already permitted prior to adoption of this Agreement. 

The Tribe authorizes a limited waiver of sovereign immunity for the sole and limited 

purpose of enforcing the mutual indemnities in Section 16 ofthis agreement. Venue for any 

action filed under this waiver of immunity shall be in the United States District Court, Western 

District of Washington or ifthat court lacks jurisdiction, then in the Superior Court of Clallam 

County. Along with Section 16, the terms of Section 9 shall survive the termination or expiration 

of this agreement. 

10. Definition of Indian 

For purposes ofthis Agreement, the term "Indian" means any individual who is a 

member ofthe Jamestown S'Klallam Tribe, any individual who is a member of any other 

federally recognized tribe and any individual who is an Indian as defined in 25 U.S.C. § 1301(4). 

11. Compensation 

Fot the services provided under the terms ofthis agreement, federal funds are being made 

available to the Tribe from the Bureau oflndian Affairs. Upon receipt of the funding, the Tribe 

will have budgeted funds to pay the County the annual amount of ONE HUNDRED THIRTYTHREE THOUSAND, NINE HUNDRED SIXTY-TWO DOLLARS ($133,962.00) for the 

services outlined in this agreement. 

The CCSO agrees to provide the Tribe with a quarterly invoice for law enforcement 

services rendered. The Tribe agrees upon receipt of such invoice to generate a quarterly payment 

to the CCSO. The payments will be made no later than 20 days after receipt ofthe quarterly 

mv01ce. 

The County will not begin providing services outlined in this agreement until the federal 

funds have been made available to the Tribe from the Bureau of Indian Affairs. 

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12. Duration and Modification of Agreement 

Except as otherwise provided for in this Agreement, either party may terminate this 

Agreement upon a thirty (30) day written notification. Ifthis Agreement is so terminated, the 

terminating party shall be liable only for performance in accordance with the terms ofthis 

Agreement for the performance rendered prior to the effective date of termination. 

The Tribe and County may mutually amend this Agreement. Such amendments shall not 

be binding unless they are in writing and signed by personnel authorized to bind the Tribe and 

the County. 

13. Property and Disposition 

In the event oftermination, the parties agree that any property acquired in connection 

with this Agreement shall remain the property ofthe party who purchased the property. The 

acquisition, maintenance, and disposition ofthe property is the responsibility of the party who 

purchased the property. 

14. Contact Persons 

The Tribe and County will each appoint a representative who will be responsible for the 

administration ofthis Agreement. Unless otherwise designated in writing, the Tribal contact will 

be Leo P. Gaten, Governmental Policy Advisor. The County contact person will be the Sheriff 

Office's Chief Criminal Deputy. 

15. Dispute Resolution 

Disputes shall be referred to the Sheriff and the Tribe's designee for settlement. If 

disputes are not resolved by the parties within thirty (30) days of the referral, unless the parties 

agree to an extension oftime, the dispute shall be referred to an arbitrator who has been mutually 

agreed upon by the Tribe and County. Or ifthey cannot agree to an arbitrator, the parties may 

apply to the presiding judge ofthe Clallam County Superior Court for appointment of an 

arbitrator. The arbitrator's decision shall be final and binding on both parties. Each party shall 

pay one-half ofthe arbitrator's fees. Ifmutual written consent to apply for the appointment of an 

arbitrator is not reached, either party may seek court action to decide the disputed provision of 

the Agreement. 

16. Insurance and Indemnification 

Each entity will maintain insurance for coverage of any actions and liability arising out of 

activities taking place pursuant to this agreement. The Tribe will provide proof that the County, 

its appointed and elected officials, agents and employees, are specifically named as additional 

insureds in a policy with the same company that insures the Tribe or by endorsement to an 

existing policy or with a separate carrier approved pursuant to RCW Title 48. The General 

Aggregate Limit shall be $6,000,000. The County is a self-insured entity. The County shall 

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provide the Tribe with a Certificate of Liability Insurance showing the Tribe as additional 

insured. 

The Tribe and the County mutually agree to defend, indemnify and hold harmless the 

other party, its officers, employees, and agents from and against any and all costs, claims, 

demands, judgments or awards of damages arising out of or in any way resulting from the 

negligent acts or omissions ofthe other party, its officers or employees in performing this 

Agreement. 

The Tribe will defend, indemnify and hold the County harmless in the event that a 

lawsuit is brought challenging the operation of one or more ofthe Tribal laws that the CCSO 

relied upon in providing services under this agreement. 

The terms of Section 16 "Insurance and Indemnification" shall survive the termination or 

expiration ofthis Agreement. 

17. Severability 

If any provision ofthis Agreement shall be held invalid, the remainder of this Agreement 

shall not be affected thereby if such remainder would then continue to serve the purposes and 

objectives of both parties. 

oward V. Doherty, Jr., Chair e Board 

, 2010. 

Jamestown S'Klallam Tribe 

Clallam County Sheriffs Office 

W. L. Benedict,Sheriff 

Approved as to Form: 

1V 

Deputy Prosecuting Attorney 

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ATTACHMENT A 

WASHINGTON STATE CRIMINAL LAWS 

IN CORPORA TED BY REFERENCE 

By Tribal Council Resolution #7-10 dated February 4, 2010, the Jamestown S'Klallam Tribe 

incorporated the following provisions of Titles 9, 9A and 46 ofthe Revised Code of Washington 

into the Tribal Code. 

TITLE 9 RCW - CRIMES AND PUNISHMENTS 

Chapters 

9.01 General provisions. 

9 .27 Interference with court. 

9.31 Escaped prisoner recaptured. 

9.35 Identity crimes. 

9.38 False representations. 

9.40 Fire, crimes relating to. 

9.41 Firearms and dangerous weapons. 

9.45 Frauds and swindles. 

9.47A Inhaling toxic fumes. 

9.51 Juries, crimes relating to. 

9 .54 Stolen property restoration. 

9.61 Malicious mischief -- Injury to property. 

9.62 Malicious prosecution -- Abuse of process. 

9.68 Obscenity and pornography. 

9.68A Sexual exploitation of children. 

9.69 Duty of witnesses. 

9.72 Perjury. 

TITLE 9A RCW - WASHINGTON CRIMINAL CODE 

Chapters 

9A.04 Preliminary article. 

9A.08 Principles of liability. 

9A.16 Defenses. 

9A.28 Anticipatory offenses. 

9A.32 Homicide. 

9A.36 Assault -- Physical harm. 

9A.40 Kidnapping, unlawful imprisonment, and custodial interference. 

9A.42 Criminal mistreatment. 

9A.44 Sex offenses. 

9A.46 Harassment. 

9A.48 Arson, reckless burning, and malicious mischief. 

9A.52 Burglary and trespass. 

9A.56 Theft and robbery. 

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9A.58 Identification documents. 

9A.60 Fraud. 

9A.64 Family offenses. 

9A.68 Bribery and corrupt influence. 

9A.72 Perjury and interference with official proceedings. 

9A.76 Obstructing governmental operation. 

9A.84 Public disturbance. 

9A.88 Indecent exposure -- Prostitution 

TITLE 46 RCW - MOTOR VEHICLES 

Chapter 46.61 - Rules ofthe Road 

46.61.500 Reckless driving -- Penalty. 

46.61.502 Driving under the influence. 

46.61.503 Driver under twenty-one consuming alcohol -- Penalties. 

46.61.504 Physical control ofvehicle under the influence. 

46.61.5054 Alcohol violators -- Additional fee -- Distribution. 

46.61.5055 Alcohol violators -- Penalty schedule. 

46.61.5056 Alcohol violators -- Information school -- Evaluation and treatment. 

46.61.50571 Alcohol violators -- Mandatory appearances. 

46.61.5058 Alcohol violators -- Vehicle seizure and forfeiture. 

46.61.506 Persons under influence of intoxicating liquor or drug -- Evidence -- Tests -­

Information concerning tests. 

46.61.508 Liability of medical personnel withdrawing blood. 

46.61.513 Criminal history and driving record. 

46.61.5151 Sentences -- Intermittent fulfillment -- Restrictions. 

46.61.5152 Attendance at program focusing on victims. 

46.61.516 Qualified probation department defined. 

46.61.517 Refusal oftest -- Admissibility as evidence. 

46.61.519 Alcoholic beverages -- Drinking or open container in vehicle on highway -­

Exceptions. 

46.61.5191 Local ordinances not prohibited. 

46.61.5195 Disguising alcoholic beverage container. 

46.61.520 Vehicular homicide -- Penalty. 

46.61.522 Vehicular assault -- Penalty. 

46.61.524 Vehicular homicide, assault -- Evaluation, treatment of drug or alcohol problem. 

46.61.5249 Negligent driving -- First degree. 

46.61.525 Negligent driving -- Second degree. 

46.61.527 Roadway construction zones. 

46.61.530 Racing of vehicles on highways -- Reckless driving -- Exception. 

46.61.535 Advertising of unlawful speed -- Reckless driving. 

46.61.540 "Drugs," what included. 

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