3.02.140 Officers and Personnel

(a) The Tribal Police's officers and personnel are employees of the Saint Regis Mohawk Tribe. As such, they are subject to the Tribe's policies and procedures including the Employee Handbook, as amended, and the Whistleblower Policy. In addition, all Officers or personnel of the Tribal Police also are subject to any ratified policies and procedures or Police Manual of the Department. For any conduct that is proscribed in the Tribe's Employee Handbook it will control any complaint or disciplinary process and this chapter may only apply if those specific rights are granted under the Employee Handbook. For any conduct that is proscribed under the Tribal Police's Police Manual it will control any complaint or disciplinary process and this chapter may only apply if those specific rights are granted under the Police Manual.

(b) The Human Resources Department is responsible to ensure compliance with the Saint Regis Mohawk Tribe's Human Resource Employee Handbook, whereas the Chief of Police is responsible for maintaining compliance with the Police Manual and properly adopted Policies and Procedures while the Police Commission provides oversight. In limited circumstances, the Police Commission may be responsible for determining compliance with the Police Manual or properly adopted Policies and Procedures or as outlined in this chapter.

(c) Police Officer or Personnel complaints against the Chief of Police shall be filed with the Commission. The Commission's Chair or his/her designee shall oversee the investigation. If the Chair or the Commission determines it is necessary, an independent investigator may be appointed to assist in the investigation. The Commission shall notify the complainant in writing of the investigation. The Chair shall ensure the complaint is investigated and reported to the Commission. The Commission shall determine whether any disciplinary action needs to be taken and notify the complainant whether the complaint was sustained or unfounded pursuant to the procedures set forth above in Section 3.02.130.

(d) Police Officers and Personnel may also make any complaint about working conditions to the Tribe's Human Resources Department. No disciplinary action may be taken against a Police Officer or Personnel for making such a complaint. The Tribe's Human Resource Department shall conduct the investigation. Any report shall be submitted to the Chief of Police who may share with the Police Commission, but in no way shall the Police Commission be involved in any action.