INCIDENT REPORTS, WITNESS STATEMENTS, AND PATROL AND ARREST PROCEDURES.
8.3.3
THE SHERIFF AND TRIBE SHALL COOPERATE IN GOOD FAITH TO RESOLVE
ANY CONFLICT BETWEEN THE SHERIFF'S AND TRIBE'S PROCEDURES; HOWEVER, THE SHERIFF
RETAINS THE FINAL AUTHORITY TO DETERMINE HOW ANY PROCEDURAL CONFLICTS PERTAINING
TO MATTERS STRICTLY WITHIN ITS CRIMINAL JURISDICTION UNDER PUBLIC LAW 280 SHALL
BE RESOLVED.
SUCH RESOLUTION SHALL SERVE THE PURPOSES AND POLICIES OF PUBLIC
LAW 280 AND THIS AGREEMENT.
SIMILARLY, THE TRIBE RETAINS THE FINAL AUTHORITY TO
RESOLVE ANY INTERNAL PROCEDURAL CONFLICTS PERTAINING TO MATTERS STRICTLY WITHIN
ITS JURISDICTION.
SUCH RESOLUTION SHALL SERVE THE PURPOSES AND POLICIES OF
APPLICABLE LAWS AND THIS AGREEMENT.
8.3.4
IF REQUESTED BY THE SHERIFF OR TRIBE, A MEMORANDUM OF
UNDERSTANDING (MOU) MAY BE ENTERED INTO BY AND BETWEEN THE SHERIFF AND TRIBE TO
ESTABLISH A PROTOCOL ADDRESSING THE PROVISION OF SERVICES UNDER THIS AGREEMENT.
NO SUCH MOU SHALL HAVE THE EFFECT OF AMENDING THIS AGREEMENT UNLESS AN AMENDMENT
TO THIS AGREEMENT IS APPROVED IN WRITING BY THE TRIBE AND THE COUNTY BOARD OF
SUPERVISORS.
IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF SUCH AN MOU
AND THE TERMS OF THIS AGREEMENT, THE TERMS OF THIS AGREEMENT SHALL PREVAIL.
8.4
SUPPLEMENTAL SECURITY SERVICES.
8.4.1
AT THE TRIBE'S REQUEST, THE SHERIFF MAY AGREE TO PROVIDE EXTRA
LAW ENFORCEMENT SERVICES FOR SPECIAL EVENTS AND FUNCTIONS.
THE COUNTY SHALL
BILL THE TRIBE UNDER SEPARATE CONTRACT FOR THE COST OF SUCH SERVICES.
ALL
SHERIFF SERVICES PROVIDED FOR SPECIAL EVENTS SHALL BE BILLED AT RATES
ESTABLISHED BY THE COUNTY FOR SPECIAL SECURITY SERVICES AND PAID WITHIN THIRTY
(30) DAYS OF RECEIPT OF ANY INVOICE.
8.4.2
SHOULD THE SHERIFF INCUR EXTRAORDINARY EXPENSES IN CONNECTION
WITH A RESPONSE TO A SIGNIFICANT AND UNPLANNED INCIDENT RELATING TO THE RESORT
PROJECT OR OTHER GAMING OPERATIONS ON THE RANCHERIA THAT INVOLVES CRIMINAL
ACTIVITY AND REQUIRES EFFORTS THAT ARE BEYOND THE RANGE OF TYPICAL EMERGENCY LAW
ENFORCEMENT RESPONSE, THE TRIBE AND THE SHERIFF SHALL NEGOTIATE IN GOOD FAITH
FOR REIMBURSEMENT OF SHERIFF'S REASONABLE AND NECESSARY EXTRAORDINARY EXPENSES
INCURRED IN CONNECTION WITH SUCH INCIDENT.
SUCH REIMBURSEMENT SHALL NOT INCLUDE
PAYMENT OF ANY CLAIMS FOR PERSONAL INJURY ASSOCIATED WITH THE INCIDENT.
IX.
PROSECUTION
9.1
THE DISTRICT ATTORNEY WILL PROSECUTE VIOLATIONS OF CRIMINAL LAW ON
TRIBAL LANDS TO THE EXTENT CONSISTENT WITH PUBLIC LAW 280, EXCEPT FOR
PROSECUTIONS UNDER THE JURISDICTION OF THE FEDERAL DEPARTMENT OF JUSTICE OR A
TRIBAL COURT, PROVIDED THAT CONCURRENT JURISDICTION THEREWITH SHALL NOT LESSEN
THE DISTRICT ATTORNEY'S AUTHORITY OR DUTIES WITH RESPECT TO
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SUCH PROSECUTIONS.
NOTHING IN THIS AGREEMENT IS INTENDED OR SHALL BE CONSTRUED
TO EXPAND OR LIMIT THE JURISDICTION OF THE COUNTY AND/OR DISTRICT ATTORNEY
BEYOND THAT WHICH WOULD OTHERWISE BE EXERCISED PURSUANT TO PUBLIC LAW 280.
9.2
THE TRIBE SHALL IDENTIFY THE TRIBAL OFFICIALS WITH WHOM THE
DISTRICT ATTORNEY SHALL COORDINATE ALL SUCH PROSECUTIONS SO THAT THEY MAY BE
CARRIED OUT AS EFFECTIVELY AS POSSIBLE.
THE DISTRICT ATTORNEY SHALL REVIEW ALL
COMPLAINTS REFERRED BY THE TRIBE, BUT ALL PROSECUTORIAL DECISIONS AND STRATEGIES
AS TO COUNTY