2023 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.