BY THE COMMISSION. THOSE POLICIES ARE PROMULGATED BY THE COMMISSION, UNDER THE PROVISIONS OF 74 O.S. 150.4 (1991), WHICH PROVIDES IN PERTINENT PART:
"THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES AND RESPONSIBILITIES:
4. TO ESTABLISH GENERAL PROCEDURES WITH REGARD TO ASSISTING LAW ENFORCEMENT OFFICERS AND DISTRICT ATTORNEYS."
(EMPHASIS ADDED.)
THE COMPACT DOES NOT CHANGE OR ALTER THE POWERS AND DUTIES OF THE BUREAU. RATHER, THE EFFECT OF THE COMPACT IS TO AUTHORIZE MORE EFFECTIVE LAW ENFORCEMENT ON CHEROKEE INDIAN LAND IN OKLAHOMA BY ALLOWING FOR TRIBAL AND FEDERAL LAW ENFORCEMENT OFFICERS TO BE COMMISSIONED AS STATE LAW ENFORCEMENT OFFICERS, AND STATE LAW ENFORCEMENT OFFICERS TO BE COMMISSIONED BY THE TRIBE. THE OKLAHOMA STATE BUREAU OF INVESTIGATION, IN ASSISTING SUCH OFFICERS, IS SIMPLY PROVIDING THE ASSISTANCE IT IS ALREADY EMPOWERED AND DUTY-BOUND TO PROVIDE - ASSISTANCE IN ACCORDANCE WITH THE POLICIES DETERMINED BY THE COMMISSION. IN FACT, SECTION 11 OF THE COMPACT SPECIFICALLY INDICATES THAT THE ASSISTANCE WHICH THE BUREAU IS TO RENDER IS THE TYPE OF SERVICE "AS IS EXTENDED TO RESIDENTS OF LAW ENFORCEMENT AGENCIES OF OKLAHOMA OUTSIDE INDIAN COUNTRY." SUCH ASSISTANCE WILL THUS BE ASSISTANCE PROVIDED UNDER THE EXISTING STATUTES AND EXISTING COMMISSION POLICY.
AS THE CHEROKEE LAW ENFORCEMENT AGREEMENT DOES NOT ALTER OR CHANGE THE BUREAU'S EXISTING POWERS AND DUTIES, THE GOVERNOR, IN ENTERING INTO THE COMPACT, DID NOT VIOLATE THE LEGISLATURE'S PREROGATIVE OF ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF THE BUREAU, IN VIOLATION OF THE OKLAHOMA CONSTITUTION'S SEPARATION OF POWERS PROVISION, ARTICLE IV, SECTION 1 OF THE STATE CONSTITUTION.
YOUR SECOND QUESTION DEALS WITH THE CHEROKEE NATION LAW ENFORCEMENT COMPACT CREATED IN THE LAW ENFORCEMENT AGREEMENT, AND THE COMPACT'S ADMINISTRATIVE OFFICER, THE COMPACT SECRETARY. THE AGREEMENT AT SECTION 2B PROVIDES THAT "PARTIES TO THE AGREEMENT SHALL BE MEMBERS OF AN INTER-GOVERNMENTAL ASSOCIATION CALLED THE CHEROKEE NATION LAW ENFORCEMENT COMPACT," AND FURTHER PROVIDES THAT "THE SECRETARY OF THIS COMPACT WILL ADMINISTER AND COORDINATE ACTIVITIES UNDER THIS AGREEMENT." YOU ASK WHETHER THE GOVERNOR'S AGREEING TO THESE PROVISIONS INTERFERES WITH THE LEGISLATURE'S POWER TO CREATE STATE AGENCIES AND PROVIDE FOR THEIR POWERS AND DUTIES.
WE CONCLUDE THAT THESE PROVISIONS OF THE COMPACT IN NO WAY INTERFERE WITH THE LEGISLATURE'S POWER TO CREATE STATE AGENCIES AND PROVIDE FOR THEIR DUTIES. THE COMPACT SECRETARY IS NOT A STATE OFFICER, NOR IS THE COMPACT A STATE AGENCY. RATHER, THE COMPACT IS AN ADMINISTRATIVE ENTITY CREATED UNDER THE COMPACT, AND THE SECRETARY IS AN OFFICER OF THAT ADMINISTRATIVE ENTITY. THE ENTITY ESTABLISHED IN THE COMPACT IS SIMILAR TO THOSE ESTABLISHED UNDER THE STATE'S INTERLOCAL COOPERATION ACT, 74 O.S. 1001, ET SEQ. IN SHORT, THE COMPACT CREATED IN THE AGREEMENT IS NOT A STATE ENTITY, NOR IS ITS SECRETARY A STATE OFFICER. CONSEQUENTLY, THE GOVERNOR'S AGREEING TO THE COMPACT AND ITS SECRETARY DID NOT INTERFERE WITH THE LEGISLATURE'S POWER TO ESTABLISH STATE AGENCIES AND PROVIDE FOR THEIR POWERS AND DUTIES.
FOR THE REASONS STATED ABOVE, IT IS THE OPINION OF THE UNDERSIGNED COUNSEL THAT THE GOVERNOR, IN ENTERING INTO THE LAW ENFORCEMENT