Memorandum
of
Agreement - Page 1
( Squaxin Island Tribe
MEMORANDUM OF UNDERSTANDING
BETWEEN
SQUAXIN ISLAND TRIBE AND MASON COUNTY SHERIFF'S OFFICE
This Memorandum
of
Understand ("MOU")
is
entered into this 1st day April 2016, by the Squaxin Island
Tribe ("Tribe"), a federally recognized Indian Tribe; and the Mason County Sheriffs Office ("MCSO") to
meet the requirements
of
the State - Tribal Compact and its prerequisites for a grant under its community
contribution provisions.
RECITALS
A.
The Tribe and MCSO each desire to protect the lives and property
of
all people Within their respective
jurisdictions.
B.
The Tribe and MCSO each have determined that a cooperative effort to provide law enforcement
services is
in
the best interest
of
taxpayers and residents
of
their respective jurisdictions, whether Indian
or
non-Indian, whether enrolled or
not,
and irrespective
of
the character
of
the land.
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C. The Tribe and MCSO each have determined that better and more efficient law enforcement services
can be provided to all persons within their respective jurisdictions
if
law enforcement officers have the
ability to provide cooperation and assistance, including re-enforcement, immediate response assistance,
assistance
in
the service
of
state or tribal search
or
arrest warrants, to law enforcement officers
in
neighboring service jurisdictions, so that the nearest available officer, whether county or tribal, may
respond as promptly as possible
in
situations where human life or property is endangered.
D.
The Tribe and MCSO have, for well over a decade, cooperated to their mutual advantage
in
accomplishing these goals, and seek to renew the relationship
in
a written agreement.
E.
The Tribe and MCSO have undertaken numerous joint law enforcement activities, including
coordination
of
training, shared use
of
radio frequencies, mutual participation
in
SWAT, Special
Operations Group, the Internet Crimes Against Children Task
F'orce,
search and rescue, and marine &
dive enforcement.
F. This MOU is entered into for the purpose
of
memorializing the relationship and responsibilities
between the Tribe and MCSO. ·
1. Relationship
The Tribe and MCSO each commit to provide effective and reasonable emergency services
to
the Tribe
including to its Little Creek Casino and its patrons.
The MCSO and the Tribal Police {hereafter "TPC") shall each keep each other appraised
of
changes
in
their operational policies, guidelines, and significant changes
in
the law
of
their respective jurisdictions for
the purpose of facilitating communication
arn:l
ensuring the timely and efficient delivery
of
services.
To facilitate communication the Tribe and MCSO shall each appoint a contact person to ensure time
response and ensure effective response and to answer questions or address concerns or disputes.
Memorandum of Agreement - Page 2
(
Squaxin Island Tribe
The goals
of
the parties are (a) to ensure timely response; (b} to ensure effective response; (c) to ensure
that each is informed
of
the status and disposition of contacts and
or
arrests.
The goals of the Tribe are (a)
to
reduce the response time
in
county-tribal enforcement actions; (b)
reduce drug use on the reservation; and (c) to enter into an agreement by which its law enforcement
officers may be recognized as general authority peace officers under state law, and so eliminate or
diminish jurisdictional gaps
in
enforcement and ensure effective enforcement.
The Tribe and MCSO agree
to
use their best efforts to accomplish these goals. Requests for funding
shall be evaluated on the basis of whether the request for and use
of
the funds will support and further
those goals.
2.
Roles
and
responsibilities with
regard
to:
2.1
Investigations
and
or Enforcement Actions
The MCSO will keep the TPC apprised of all investigations related to the Squaxin Island
Tribe, including its enterprises, individuals residing
on
reservation, its enrolled members
and
or
real or personal property that the Tribe has
an
interest
in.
Any enforcement action taken by a Deputy relating to the Class Ill gaming operation shall
be immediately reported to the MCSO dispatcher, who shall thereafter notify the Tribal
Police.
2.2
Arrest warrants.
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MCSO may make an arrest
on
a state warrant for
an
Indian or non•lndian oh reservation
and off-reservation. The Trfbe may make an arrest on a tribal warrant for an enrolled
Indian
on
reservation and off reservation within the usual and accustomed fishing
grounds
or
within open and unclaimed land
on
which Squaxin holds treaty hunting and
gathering rights.
State officers generally may not serve tribal cowrt arrest warrants
on
Indians or non-
Indians. Tribal officers generally may not serve state court arrest warrants on non-
Indians. Notwithstanding the foregoing, the MCSO and the Tribe agree to provide
assistance
in
the service of arrest warrants upon request.
2.3 Search Warrants.
State officers may serve state search warrants on reservation. The MCSO will conduct
any resulting search
in
a manner that fully complies with the laws
of
the Tribe.
The MCSO will obtain the assistance of the Tribe
in
serving
or
executing a search
warrant on reservation.
State officers generally may not participate
in
the service
of
a tribal search warrant.
Notwithstanding the foregoing, the MCSO agrees to respond as requested to the service
of
a tribal search warrant, including to take into custody any non-Indian or Indian not
Memorandum
of
Agreement - Page 3
Squaxin Island Tribe
enrolled at the Tribe who are found
on
site and who were engaged
in
any activity that
violates state
law,
·
Tribal officers generally may not participate
in
the service
of
a state search warrant
off
reservation. Notwithstanding the foregoing, the TPC agrees to respond as requested to
the service
of
a state search warrant, including to take into custody any Indian or enrolled
member
of
the Tribe who are found
on
site and who were engaged
in
any activity that
violates tribal law.
Tribal officers shall participate
in
the service
of
a state search Warrant on reservation.
2.4 Detention.
Tribal law enforcement officers have the power to restrain those who disturb the public
order on the reservation, and if necessary, to eject them. Where jurisdiction to try and
punish
an
offender rests outside the tribe, tribal officers may exercise their power to
detain the offender and to promptly deliver up any non-Indian offender. State v.
Schmuck,
121
Wn. 2d 373, 850 P.2d 1332, cert. denied, 510 U.S.
931
(1993).
MCSO agree
to
respond immediately
to
requests by SIT to deliver non-Indian offenders
to MCSO and or Indian offenders not enrolled at the Tribe to MCSO.
2.5 Criminal and Civil Retrocession.
In
the event The Tribe elects to seek criminal or civil retrocession under RCW
37
.12.160
or otherwise, the Parties agree
to
meet as soon as is practicable to negotiate
in
good
faith
an
amendment to this Agreement that takes into account the change
in
circumstances.
2.6
Prosecution of Tribal
or
State criminal violations.
2.6.1
Non-Indian
on
or off Reservation
The state has exclusive criminal jurisdicti
on
over non-Indians
on
reservation, except
to the extent provided otherwise by applicable law. The MCSO agrees to exercise
that jurisdiction
in
coordination with the Tribe.
2.6.2 Indian
on
Reservation
Any court actions resuJting from the exercise
of
police power against an Indian shall
be filed
in
the Squaxin Island Tribal Court or Federal Court. Referral for prosecution
shall be made to the Squaxin Tribal Prosecutor.
2.6.3 Indian Off Reservation
MCSO and the Tribe shall each freely allow and cause its officers who assisted
in
any investigation or other activities under the auspices of this MOU to appear and
give their testimony
in
any Court with the jurisdiction for the prosecution
of
any
offense for which such officer has personal knowledge.
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Memorandum of Agreement - Page 4
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Squaxin Island Tribe
3.
Services
to
be
provided
MCSO shall provide the following services: (a) law enforcement services; and (b) training for TPC and its
subordinates
in
MCSO procedures and reporting criteria,
4. Special Commission
The MCSO and the Tribe shall enter into a special commission and general authority peace officer
agreement substantially
in
the form attached hereto as Exhibit A and incorporated herein by reference.
This Agreement shall be effective upon the signatures of the appropriate representatives
of
the MCSO
and the Tribe and the execution
of
a special commission agreement.
5.
Requests for Funding
The Tribe and MCSO acknowledge that it
is
not possible for MCSO to identify or distinguish the adverse
impacts
or
increased costs caused by the Class Ill operation. They have agreed as an alternative, to the
following measure:
A fixed fee for police services described herein for $23,750 per quarter. The Tribe's contribution
is
conditioned
on
use
of
the funds to provide direct and additional law enforcement services by the Mason
County Sheriff's Office.
The payment from the Community Contribution fund shall be contingent
on
the availability of 2% net win
funds.
If
the Community Contribution fund
is
not adequate to pay the fixed fee after payment to those
parties that
have entered into
an
MOA with the Tribe prior to this MOA, then no further monies shall be
owed.
In addition to obligations stated above, the Tribe and MCSO agree to explore
in
earnest options for
shared use and financing
of
an
evidence facility and shared use
of
LEXI
POL
6.
Periodic Reports
MCSO shall submit quarterly reports to the Oversight Committee identifying the actual use
of
funds,
whether and
to
what extent impacts were mitigated, any unmet need, and what progress was made
towards accomplishing that stated purpose
of
the grant and the stated goals
of
the SIT.
MCSO shall maintain accurate records
of
the use
of
all grant funds and shall make such information
available to the Committee upon request. Further MCSO records shall be subject to independent review
by the Committee or its delegates.
7.
Public Relations
The MCSO agrees to participate
in
coordinated press releases and functions regarding any grant. It is
anticipated that the Tribe will establish a coordinated giving day
in
which the Tribe and the Community
Contribution Committee will present grants awarded.
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Memorandum of Agreement - Page 5
(
Squaxin Island Tribe
8.
No
Waiver
By executing this Agreement, no signatory hereto waives any immunity or sovereign immunity which it
has and neither a grantee nor any other individual or entity is or shall
be
deemed a third party beneficiary
of
this agreement.
9. Confidential Information
MCSO agrees
that
any information it obtai
ns
regarding the total amount
of
the Casino's net win, the
amount MCSO is awarded, or any other information
whic:h
would tend to reveal the operating results
of
the Tril;le's Casino are proprietary to the Tribe and shall remain confidential and not be disseminated
or
published without the Tribe's prior written consent.
10. Term
This agreement will
be
in
effect for a period
of
ten years from the date of its execution and, as noted
in
above, only upon execution
of
the cross deputization and general authority peace officer agreement.
11. Acceptance of Terms
Their respective representatives agree to
the
aboye terms and conditions for the parties to this
agreement.
12. Duration/Revocation of Agreement
This Agreement shall remain
in
full force and effect for a period
of
ten years, or unless terminated by
either party as provided
in
this Agreement and shall be subject
to
renewal
by
the Agreement of the parties
at the end
of
the ten year period.
Either party may terminate this Agreement at any time
by
giving thirty (30) days' written notice to the other
party
of
its intent
to
terminate.
The
Parties agree to meet within ten days
of
such notice, or such time as
may be mutually agreed to
by
the parties, and negotiate in good faith to resolve their dispute.
SQUAXIN ISLAND TRIBE
By: David Lopeman
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Chairman
Terri Jeffreys
Memorandum of Agreement - Page 6
Squaxin Island Tribe
Commissioner
Tim Sheldon
Commissioner
Randy Neatherlin
Approved as to content:
Sheriff
Casey Salisbury
Approved -as to form:
Chief Deputy Mason County Prosecuting Attorney
Timothy Whitehead
Clerk
of
the Board
Mason County Board
of
Commissioners
(
Julie Almanzar
