3/13/08

Legislation would extend authority of tribal police

by Beckye Randall

After months of wrangling and negotiations, tribal police may soon be authorized to enforce all criminal and traffic laws of Washington and the United States on reservation property.

HB 2467 was passed by the state House earlier this year 58-37, and the Senate recently passed its own version of the legislation. The amended bill must be approved by the House before becoming law.

Tulalip Tribes police chief Scott Smith has expressed concern over his department’s inability to provide effective security because of the current limitations. With thousands of non-tribal visitors each day to the casinos, outlet shopping mall and Quil Ceda Village merchants, and even more traffic expected with the opening of the casino’s hotel, the tribes’ police officers have often been at a disadvantage in enforcing the law.

Rep. John McCoy (D-Tulalip) said, “It took months of give-and-take to hammer out a compromise that every side of this particular issue can ultimately support.”

McCoy, who sponsored the measure, said the legislation is supported by members of the Snohomish County law enforcement community and the Washington Association of Sheriffs and Police Chiefs. Snohomish County Sheriff John Lovick has also expressed support for the measure.

Under existing law, when a crime is committed on a reservation by a non-Indian and a suspect is detained by a tribal police officer, the tribal officer must wait for the arrival of a county sheriff’s deputy. Consequently, the tribal officer isn’t available to respond to other calls for police assistance on the reservation.

Manpower shortages in county law enforcement means that sometimes a suspect must be released if a sheriff can’t respond in a timely manner.

“The practice of calling local non-Indian law enforcement agencies to arrest and investigate crimes committed by non-Indians on the reservation has been in place now for 30 years, and it simply doesn’t work,” McCoy said.

“All citizens have a right to feel confident that people who commit crimes will be held accountable. It comes down to equal, dependable protection under the law.”

Tribal police staff will be required to meet standards of training and competency equivalent to municipal police departments, and to waive their current immunity from civil suits. Tulalip police officers participate in standard, 14-week training programs and most of its two dozen officers are certified by Snohomish County.