NY Indian L § 114 (2021)
2021 New York Laws IND - Indian Article 8 - The Saint Regis Tribe 114 - St. Regis Mohawk Tribal Police.

§   114.   St.  Regis  Mohawk  tribal  police.  1.  By  notifying  the superintendent of state police, the St. Regis Mohawk tribal council  may establish  a  St.  Regis Mohawk Tribe police department employing police officers appointed in accordance with this section.   a. At the time of the establishment of the tribal  police  department, and  together  with  each  application  under  subdivision  two  of this section, the tribal council must provide to the superintendent of  state police,  and at all times during the existence of such police department and during the tenure of any police officer appointed under  subdivision two  of this section, the tribal council must maintain in full force and effect, a waiver of sovereign immunity providing as  follows:  "The  St. Regis  Mohawk  Tribe hereby waives its sovereign immunity from liability and action in New York state and  federal  courts,  and  hereby  assumes liability  and  consents  to have the same determined in accordance with the same rules of law as applied to actions  against  municipalities  of the  state  of  New York; provided that this waiver applies to liability for acts or omissions of officers appointed  under  subdivision  two  of this  section  and other police department employees occurring while the officer or employee was acting within the scope of his or her employment or duties, and to the  provision  of  a  defense  for  such  officer  or employee  accused  of such acts or omissions. This waiver shall apply to each such act or omission, whether or not legal action based on the  act or omission is brought after a revocation of this waiver."   b.  The  St.  Regis  Mohawk  Tribe  shall  provide  for the defense of officers appointed under subdivision  two  of  this  section  and  other employees  of  the  police department in any civil action or proceeding, state or federal, arising out  of  any  alleged  act  or  omission  that occurred  or allegedly occurred while the officer or employee was acting within the scope of his or  her  employment  or  duties.  This  duty  to provide  for  a  defense  shall  not  arise  where  such civil action or proceeding is brought by or at the behest of the St. Regis Mohawk Tribe.  (i) The St. Regis Mohawk  Tribe  shall  indemnify  and  save  harmless officers  appointed  under  subdivision  two  of  this section and other police department employees in  the  amount  of  any  judgment  obtained against  such  officers  or employees in a state or federal court, or in the amount of any settlement of  a  claim,  provided  that  the  act  or omission  from  which  such  judgment  or claim arose occurred while the officer or employee was acting within the scope of his or her employment or duties.  (ii) The duty to  indemnify  and  save  harmless  prescribed  by  this subdivision shall be conditioned upon the timely notification to the St. Regis  Mohawk  Tribe of the commencement of the action or proceeding and upon the full cooperation of the officer or employee in the  defense  of such  action  or  proceeding  and in defense of any action or proceeding against the St. Regis Mohawk Tribe based upon the same act or  omission, and in the prosecution of any appeal.  (iii)   At  the  time  of  the  establishment  of  the  tribal  police department, and together with each application under subdivision two  of this  section,  the tribal council must provide to the superintendent of state police evidence of procurement of, and at  all  times  during  the existence  of  such  police department the tribal council and during the tenure of any police officer appointed under  subdivision  two  of  this section,  must  maintain  in  full  force and effect at its own cost and expense,  a  liability  insurance  policy  from  any  insurance  company authorized  by law to transact business in this state, against liability imposed by the provisions of this section. The minimum liability  limits of  such  policy  shall be five million dollars ($5,000,000) for any one occurrence.  (iv) The St. Regis Mohawk Tribe shall indemnify and save harmless  the state  of  New York and employees of the state of New York as defined in section seventeen of the public  officers  law  in  the  amount  of  any judgment  obtained  against  the  state  or such employees in a state or federal court, or in the amount of any settlement of a claim approved by the  tribal  council,  provided that the act or omission from which such judgment or claim arose was committed by any  police  officer  appointed under  subdivision  two  of this section or other employee of the tribal police department and occurred while the officer or employee was  acting within the scope of his or her employment or duties.   2.  Upon  the  application of the St. Regis Mohawk tribal council, the superintendent of state police  may  appoint  any  person  as  a  police officer  with  all powers provided for in the criminal procedure law for the preservation of order and of the public peace  upon  the  St.  Regis Mohawk  tribal  reservation  and  upon  additional lands as set forth in subdivision eight-a of this section. The total  number  of  appointments shall be determined by the superintendent in his or her discretion.   3. Such application shall be in writing, specifying the name, age, and address of each person for whom an appointment is sought.   4.  The superintendent shall cause an investigation to be conducted of the character, qualifications and fitness of each proposed appointee and no person whom such investigation shows to be, in  the  opinion  of  the superintendent,  other  than  of  good  moral character shall receive an appointment under this section.   5. The  superintendent  shall  obtain  two  sets  of  the  applicant's fingerprints  for  purposes  of  determining the criminal history of the applicant. One set of fingerprints shall be  sent  to  the  division  of criminal  justice  services  to  identify the applicant and to conduct a criminal history records search of the division's New York  state  files to  determine  whether  or  not such applicant has a criminal history in this state. The other set of  such  applicant's  fingerprints  shall  be forwarded  to  the  federal bureau of investigation for the purpose of a nationwide criminal history  record  check  to  determine  whether  such applicant  has  a criminal history in any state or federal jurisdiction. The division of criminal justice services shall  promptly  transmit  the reports   of   the   New  York  state  criminal  record  search  to  the superintendent.  The  federal  bureau  of   investigation   reports   of nationwide  criminal  records  searches  shall  be  transmitted  to  the superintendent by the most direct means authorized by federal law, rules and regulations.   6. No person shall commence duties as  a  police  officer  under  this section  unless  and  until  the  St.  Regis Mohawk tribal council shall certify to the superintendent of state police, and the superintendent is so satisfied, that the proposed appointee has  met  the  minimum  police training standards as determined by the superintendent.   7.  The  superintendent  of state police shall file the certificate of appointment of any such person in the office of the department of state, and shall forthwith notify the person appointed, by mail, at the address specified in the application, that the certificate has  been  so  filed. Each such person shall, within fifteen days after such certificate shall have been filed, and before entering upon the duties of the office, take and  subscribe  the  constitutional  oath  of office, and file it in the office of the department of  state.  The  home  address  of  the  person appointed  shall  appear in the certificate of appointment, and whenever such address is changed the St. Regis Mohawk tribal council  shall  file with the superintendent of state police a statement of the new address.   8.  The  geographical area of employment of a police officer appointed under this section shall be within the county of  Franklin,  and  within  that  county,  only  within  the  boundary of the St. Regis reservation, except that if the superintendent of state  police  has  certified  such officer  with  expanded  jurisdiction  within  the  county  of Franklin, pursuant  to  subdivision eight-a of this section, the geographical area of employment of such police officer shall  also  include  the  area  of expanded jurisdiction set forth in that subdivision. Notwithstanding any law  to the contrary, police officers appointed pursuant to this section shall not serve under the command or authority of any  other  government agency  or  officer, and shall not serve as members of joint task forces with other  law  enforcement  agencies,  without  the  approval  of  the superintendent.   8-a.  Upon the application of the St. Regis Mohawk tribal council, the superintendent is authorized to expand the jurisdiction  of  any  person appointed  a  police  officer  under this section to the area within the county  of  Franklin,  outside  of  the  boundary  of  the   St.   Regis reservation,  to  the area known as the "Bombay triangle" in such manner that the southern boundary of the area of expanded jurisdiction shall be a straight line beginning at a point on the  southern  boundary  in  the southwest  quadrant  of  the St. Regis reservation, 500 feet east of the St.  Regis  river  at  44.9540N  74.6873W,  continuing  in  an  easterly direction  to  a  point  on  the  southern  border  in the south western quadrant of the reservation at 44.9526N 74.6132W. The area  of  expanded jurisdiction  shall  include  all  points  north  of this line described herein  continuing  to  the  southern-most  border  of  the  St.   Regis reservation.  Such  expanded jurisdiction may be revoked or suspended by the superintendent at his or her discretion. Officers exercising  police authority pursuant to this expanded jurisdiction shall be subject to all of  the  provisions  set  forth in this section in the same manner as if they were operating within the state-recognized borders of the St. Regis reservation and all responsibilities set  forth  in  this  section  with respect  to the duties of the St. Regis Mohawk tribe, including the duty to indemnify and save harmless, shall apply to this  area  in  the  same manner  as  if  it was within the state-recognized boundaries of the St. Regis reservation. A representative of the  administration  of  the  St. Regis  Mohawk  tribal  police  department  shall keep the superintendent informed, on a monthly basis, of all crimes, accidents and requests  for law  enforcement  services  occurring  within the area described in this subdivision in whatever manner and format the superintendent designates. Nothing in this section shall be interpreted in a manner  to  reduce  or eliminate  the  existing jurisdiction of any other state or local police department within this area.   9. A person appointed a police officer under this section shall be  an employee  of  the  St.  Regis  Mohawk Tribe and shall not be an officer, agent, servant or employee of the state or any subdivision thereof.  The compensation of every such police officer shall be such as may be agreed upon  between  the  officer  and the St. Regis Mohawk tribal council and shall be paid by the St. Regis Mohawk tribal council.   10. When the St. Regis Mohawk  tribal  council  no  longer  employs  a police officer appointed under this section it shall file notice to that effect  with the superintendent of state police and in the office of the department of state, and thereupon such appointment shall be terminated.   11. The superintendent of state police may also at pleasure revoke  or suspend the appointment of any such police officer by filing a notice of suspension  or  revocation  thereof  in  the office of the department of state and mailing a notice of such filing to the St. Regis Mohawk tribal council, and also to  the  person  whose  appointment  is  suspended  or revoked,  at  the  officer's address as it appears in the certificate of appointment or the latest statement thereof on file. An appointment  may  be  restored  by  the  superintendent  upon  the filing of a restoration notice to the department of state, the person  suspended,  and  the  St. Regis Mohawk tribal council.   12. If such person thereafter, knowing of such revocation or having in any  manner  received  notice thereof, exercises or attempts to exercise any of the powers of a police officer, under this section,  such  person shall be guilty of a misdemeanor. The filing and mailing of such notice, as  above  provided, shall be presumptive evidence that such person knew of the revocation.   13. The superintendent shall  revoke  the  appointments  of  all  such police  officers,  by the process provided in subdivision eleven of this section, if the tribal council fails  to  maintain  in  full  force  and effect  the  waiver  of  sovereign  immunity and the policy of insurance specified in subdivision one of this section.   14.  The  superintendent  is  authorized  to  promulgate   rules   and regulations to effectuate the provisions of this section.