N.Y. Indian Law § 114: St

§ 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.