Title 3 Law Enforcement

Chapter 3.01 Tribal Traffic Law

3.01.010 Purpose

The purpose of this chapter is to regulate vehicle traffic on and through the Saint Regis Mohawk Indian Reservation to protect the health, safety, and welfare of both the members of the Saint Regis Mohawk Tribe ("Tribe") and the general public passing through the territory of the Saint Regis Mohawk Tribe.

3.01.020 Definitions

There are no words or phrases in this chapter that require further elaboration except for the following:

(a) Abandoned Vehicle: A vehicle left unattended, on private or public property, for an unreasonable length of time, and which, after being reported to the Saint Regis Mohawk Tribal Police ("SRMTP") and after diligent inquiry it is determined the vehicle:

(1) is not stolen; or

(2) is not registered.

(b) Motor Vehicle: any vehicle propelled by the use of an internal combustible engine, electricity or motor vehicle fuel.

(c) Official Traffic-Control Devices: all signs, signals, markings and devices placed or erected by authority of a public body or official with the responsibility to regulate, warn or guide traffic.

(d) Off-road vehicle or ORV: any motor vehicle designed for or capable of travel off of paved roads and/or over natural terrain, including dirt roads and trails, water, sand, snow, ice, marsh and swampland, and includes but is not limited to dirt motorcycles, motocross motorcycles, dual sport motorcycles, snowmobiles and all-terrain vehicles including utility task vehicles (UTVs) or also known as side-by-side vehicles (regardless of number of wheels).

(e) Saint Regis Mohawk Indian Reservation: includes both the Saint Regis Mohawk Reservation ("Reservation") as established by the 1796 Treaty with the Seven Nations of Canada, 7 Stat. 55 and any other lands over which the Tribe exercises jurisdiction now or in the future.

3.01.030 Offenses

The following acts engaged in by an operator of a motor vehicle shall constitute a violation of this chapter:

(a) FAILURE TO OBEY A TRAFFIC CONTROL DEVICE

It shall be a violation of this chapter for the operator of a motor vehicle to fail to operate his/her vehicle in accordance with a traffic control device, a posted traffic control sign, within designated and discernable highway markings, or any other traffic control mechanism.

(b) FAILURE TO USE OR WEAR SEATBELT OR APPROVED CHILD RESTRAINT DEVICE

It shall be a violation of this chapter for the operator of a motor vehicle to operate the vehicle without himself or herself and all passengers in the vehicle being secured by appropriate seatbelts, shoulder harnesses or approved child safety restraint systems for children until they reach the age of four (4). No person shall operate a motor vehicle unless all children between the ages of (4) and eight (8) years of age or measuring four feet nine inches (4'9") or less and weighing less than eighty (80) pounds are restrained in a booster seat or other appropriate child safety device that meets applicable Federal Motor Vehicle Safety Standards. Booster seats must be used appropriately with either the latch system or combination lap and shoulder safety belt.

It shall be a violation of this chapter for the operator of a motor vehicle to operate his/her vehicle while talking on a mobile device including a cellular phone except he/she can talk using a hands-free device. It shall also be a violation of this chapter for an operator of a motor vehicle to text while driving.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated either Section 3.01.030(a), Section 3.01.030(b) or Section 3.01.030(c) herein, the operator of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of two hundred fifty dollars ($250.00).

(d) PARKING

(1) It shall be a violation of this chapter for the operator of a motor vehicle to remain stationary in a manner which obstructs, hinders, impedes or blocks the following:

(A) Within ten (10) feet of any fire hydrant;

(B) Within the travel portion of any highway, roadway, alleyway or parking garage/area which creates a hazard or obstructs free movement of traffic thereon (unless a vehicle has become disabled to such an extent that it is impossible or impracticable to remove without assistance, therefore allowing a reasonable time for arrangements);

(D) In a location designated for handicap parking only, in which a permit is required and visible upon said vehicle; and

(E) In a location designated as parking for elders, expecting mothers, medical doctors or as otherwise designated.

(2) Nothing in this section will be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping or being held stationary by any officer in an emergency to avoid accidents or to give a right-of-way to any vehicle or pedestrian.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated either of the above provisions, the operator of the vehicle shall pay a judgment of at least twenty-five dollars ($25.00) but shall not be subject to judgment in excess of two hundred fifty dollars ($250.00).

(e) OPERATIONAL OFFENSE

(1) Careless/Reckless/Negligent Driving. It shall be a violation of this chapter for any operator of a motor vehicle to (i) operate his/her vehicle in a careless, reckless, or negligent manner such that the operation poses a risk to other operators of a motor vehicle, or to pedestrian(s) or to passenger(s) in a motor vehicle; (ii) or that the operator's operation of a motor vehicle in any way causes an accident; (iii) or that the operator's operation of a motor vehicle impedes traffic; or (iv) the operator's operation of a motor vehicle in any way impeded the enforcement of this chapter.

(2) Valid License. Any operator of a motor vehicle within the external boundaries of the Reservation shall have a valid driver's license from a sovereign entity that the Tribe recognizes.

(3) Driving within class. Whenever a license is required to operate a motor vehicle, no person shall operate a motor vehicle unless he/she is the holder of a class of license from a sovereign entity that the Tribe recognizes which is (i) valid for the operation of such vehicle; or (ii) the operation of the motor vehicle does not violate any restriction contained on, or applicable to, the applicable permit or license; or (iii) no person shall knowingly authorize or permit a motor vehicle owned by him/her to be operated in violation of the conditions therein.

(4) Valid Insurance. Any owner of a motor vehicle that is being operated shall have valid insurance on such vehicle during its operation and any operator of a motor vehicle should ensure that a motor vehicle has valid insurance while he/she is operating it.

(5) Signals. Any operator of a motor vehicle within the external boundaries of the Reservation shall not turn a vehicle or turn a motor vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any motor vehicle without giving an appropriate signal of intention to turn right or left during not less than the last one hundred feet traveled by the motor vehicle before turning.

(6) Littering. No operator of a motor vehicle shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any public roadway, or within the limits of the right of way of such roadway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter nor shall the operator of a motor vehicle permit anyone within his/her vehicle to do the same.

(7) No driving on shoulder. Except for bicycles and those classes of vehicles required to travel on shoulders, no motor vehicle shall be driven over, across, along, or within any shoulder of any state controlled-access highway except at a location specifically authorized and posted by the Tribe. The foregoing limitation shall not prevent motor vehicles from using shoulders when directed by police officers, flag persons or other emergency responders.

(8) Passing on Right. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (i) When the vehicle overtaken is making or about to make a left turn; or (ii) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction. The passing on the right shall not be made by driving off the pavement or main-traveled portion of the roadway, except as permitted in Section 3.01.030(e)(7) above.

(9) Uninspected motor vehicle. No motor vehicle shall be operated or parked on the public highways of the Reservation unless a current certificate of inspection as required from the foreign jurisdiction in which the motor vehicle is registered is displayed upon the vehicle or affixed to the registration certificate for the vehicle.

(10) Failure to yield right of way. (i) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway; (ii) When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right; (iii) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard; and (iv) The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator of a motor vehicle violated any of the above provisions, the operator or owner, as applicable, of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to a judgment in excess of one thousand dollars ($1,000.00).

(f) FAILURE TO PROPERLY EQUIP A MOTOR VEHICLE

It shall be a violation of this chapter for an operator of a motor vehicle to operate a vehicle that is unsafe or improperly equipped. A vehicle is unsafe or improperly equipped when its operation poses any risk to the health, safety, and welfare of the members of the Tribe residing on the Reservation, or to members of the general public operating vehicles within the external boundaries of the Reservation.

At a minimum a motor vehicle must have working headlights, tail lamps, wipers, muffler, exhaust system, driver side mirror, windshield, and horn.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated this provision, the operator of the vehicle shall pay a judgment of at least twenty-five dollars ($25.00) but shall not be subject to judgment in excess of one hundred dollars ($100.00).

(g) BUSES AND EMERGENCY VEHICLES

(1) School bus safety. The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped with flashing lights which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a Tribal police officer to proceed. For the purposes of Section 3.01.040 the term "public highway" shall mean any area used for the parking of motor vehicles or used as a driveway located on the grounds of any area used as a means of access to and egress from such school or facility.

(2) Emergency Vehicles. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted flashing red light visible under normal conditions from a distance of five hundred (500') feet to the front of such vehicle and when audible signals are sounded from any said vehicle by siren, exhaust, whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway or clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. Section 3.01.040 shall not relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated this provision, the operator of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of one thousand dollars ($1,000.00).

(h) LIABILITY OF OWNER, OPERATOR, OR LESSEE

(1) The owner, operator or lessee of any motor vehicle may be prosecuted jointly or individually for violating any provision of this chapter.

(2) Whenever a violation occurs or is observed, proof of the registration number of any motor vehicle therein concerned shall be prima facie evidence in any action or in any action based on an infraction that the owner was the operator thereof, except in the case of a leased or rented motor vehicle. For leased vehicles proof of registration shall be prima facie evidence in any action that the lessee was the operator thereof.

(3) Rights of other drivers. Furthermore, nothing contained within this chapter shall be so construed as to prevent any person or entity from petitioning the Saint Regis Mohawk Tribal Court, Traffic Court Division or Tribal Court against an operator, owner, or lessee of a motor vehicle or ORV for damages caused by the negligent or illegal operation of a motor vehicle.

3.01.040 Off-Road Vehicles

(a) Usage. The operation and operator of an ORV shall be based upon the manufacturer's recommendation.

(b) Who must register. ORVs, regardless of purpose, may be operated on the Saint Regis Mohawk Reservation only if the ORV has been registered with the Saint Regis Mohawk Tribe's Compliance Department as outlined herein or if it has been registered and insured with a recognized sovereign government that the Tribe recognizes.

(1) Every ORV operated on the Saint Regis Mohawk Reservation except as stated in Section 3.01.040(b) shall have affixed to it a valid, unexpired ORV sticker obtained from the Tribe's Compliance Department. The sticker indicates the ORV has been registered with the Tribe.

(2) ORV stickers are effective for an initial period of three (3) years and must be renewed at the end of every three-year period. Each registration shall cost sixty ($60.00) dollars for a three-year period. This fee may be amended from time to time.

(3) Applications for registration shall contain the following:

(A) Applicant's name, age, mailing address and phone number.

(B) Applicant's driver's license number, if applicable.

(D) Proof of insurance including liability insurance.

(E) A statement the applicant will operate the vehicle in a safe and responsible manner and according to Tribal law.

(F) Proof of attending a safety course at a Tribally-approved safety course.

(G) A statement the applicant consents to the jurisdiction of the Saint Regis Mohawk Tribal Court including the Saint Regis Mohawk Tribal Court, Traffic Court Division for controversies arising from or related to the use of the ORV on the Saint Regis Mohawk Reservation.

(H) Applicant's signature.

(I) Sticker/Registration number, which Compliance shall issue.

(J) Name of Applicant's spouse and/or children, but only if they will operate the ORV and only for children who are above the manufacturer's recommended age for operating the ORV.

(K) The Compliance Department shall keep a record of all registration applications and of the stickers it issues.

(L) ORV stickers are not transferable between vehicles or persons.

(M) The Compliance Department has discretion to refuse to issue a sticker if the applicant fails to pay the required fee or has an outstanding fine/judgment payable to the Saint Regis Tribal Court or ineligible to operate the ORV on the Reservation.

(d) Where use is permitted.

(1) ORVs are not to be operated on a state highway including any shoulder except that a state highway may be crossed or an operator may travel up to one thousand (1000') feet on it; or

(2) ORVS can be utilized on private property with the permission of the property owner; or

(3) ORVS can be utilized on Tribal property unless marked otherwise.

(e) Limit on Liability. Operating an ORV is a dangerous activity that may result in personal injury and damage to personal property. Use of an ORV on Tribal property is performed at the user's own personal risk. The SRMT is not obligated to make Tribal property safe or to warn users of potential hazards. The Tribe is not liable for damages to persons or property that are caused by or which arise out of the operation of ORVs on Tribal property.

(f) Enforcement. An operator of an ORV shall stop upon the signal of the SRMT Police or when operating on private property upon the signal of the property owner or occupier.

(g) Equipment and Use.

(1) ORVS shall have brakes, mufflers and spark arrestors; and

(2) Operators and passengers of ORVS shall each wear helmets; and

(3) ORVs shall be operated in a manner that is reasonable and prudent in light of existing conditions; and

(4) No person shall operate an ORV while under the influence of alcohol or drugs.

(h) Violations.

(1) Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division that an operator violated any provision contained herein in this section, he/she shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of five hundred dollars ($500.00).

(2) Any owner or operator who receives three (3) or more infractions within a two-year period for violating any provision contained in this section shall have his/her ORV registration revoked and shall not be eligible to operate any ORV on the Reservation including any permitted roadways, Tribal property or private property for two years from the date of revocation.

3.01.050 Procedure

(a) Authorized Enforcement Agency. The SRMTP is the only entity authorized to stop a motor vehicle or an ORV for a violation of this chapter.

(b) Procedure upon stoppage of any vehicle including an ORV. Any operator of a motor vehicle or ORV stopped for violating this chapter must first be advised of the grounds for which he/she was stopped, and after being so advised the operator of the vehicle will be served a Civil Traffic Summons. The summons shall be in the form prescribed by the Saint Regis Mohawk Tribal Police Commission. The summons must contain at a minimum, sufficient detail to advise the operator of the motor vehicle including an ORV the exact provision of this chapter which was violated, the date of the offense, the location of the offense, and an exact time and date in which the person may appear at the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(d) Hearing upon the filing of a summons. The Saint Regis Mohawk Tribal Court, Traffic Court Division shall be the sole arbiter of each summons and complaint filed or issued under this chapter.

Nothing in this chapter, however, should be construed as preventing an operator of a motor vehicle or ORV, upon whom a summons has been issued, from advising the Saint Regis Mohawk Tribal Court, Traffic Court Division of his/her intent to waive the opportunity to make a presentation to the Traffic Court Judge, and consent to the Traffic Court Judge to set the amount of judgment to be paid by the operator of a motor vehicle or ORV. If an operator fails to appear on the return date in the summons or submit a guilty plea then the Court shall send a reminder notice to the operator of another scheduled appearance to answer the summons. If such operator still fails to contact the Court then the Court shall set a judgment and the operator shall be notified by mail of the imposed fine.

3.01.060 Saint Regis Mohawk Tribal Court, Traffic Court Division

The Saint Regis Mohawk Tribal Court, Traffic Court Division shall be comprised of two (2) members of the Saint Regis Mohawk Tribe who shall sit as Traffic Court Judge.

(a) Initial composition (effective 2000 to July 2003). The initial arbiters on the Saint Regis Mohawk Tribal Court, Traffic Court Division shall be appointed to the position upon majority vote of the Saint Regis Mohawk Tribal Council. Said arbiters shall serve until July 2003, at which time the positions shall be posted for election at the annual June election of the Tribe, and said positions shall be voted upon by members of the Saint Regis Mohawk Tribe. Removal of either of the appointed Traffic Court Judges of the Saint Regis Mohawk Tribal Court, Traffic Court Division can only be done by unanimous consent of the elected Tribal Chiefs and Sub-Chiefs of the Saint Regis Mohawk Tribal Council.

(b) Composition (effective July 2003). There shall be elected from the membership of the Saint Regis Mohawk Tribe two persons to serve as Traffic Court Judges of the Saint Regis Mohawk Tribal Court, Traffic Court Division. Each shall serve a term of three years. Eligibility to hold this position, and removal from office, shall be made pursuant to the established rules, ordinances, resolutions, and customs of the Saint Regis Mohawk Tribe for the election of Tribal officials.

(c) Compensation. Persons elected to this position shall be entitled to monetary compensation set by the Saint Regis Mohawk Tribal Council or its designee.

(d) Hearings:

(1) Order of presentation. After the Traffic Court Judge administers an oath, the SRMT Police and/or complainant shall be the first to address the Saint Regis Mohawk Tribal Court, Traffic Court Division. SRMT Police and/or complainant shall describe and/or provide documentary proof to the Traffic Court Judge of the alleged violation of this chapter engaged in by the operator of a motor vehicle or ORV. Upon finishing this presentation, the operator of a motor vehicle or ORV shall then be given the opportunity to rebut the proof presented or the conduct alleged to have been engaged in the summons, and the presentation made by the complainant.

(2) Burden of Proof. After the SRMT Police has made its presentation based upon the summons and met its burden of proof based upon clear and convincing evidence, the burden shall shift to the operator of the motor vehicle or ORV to rebut the presentation.

(3) Evidentiary issues. The Traffic Court Judge is free to accept or deny the presentation of any material or testimony presented to the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(4) Decision Making. The Traffic Court Judge shall make a finding after an adequate period of time to review all the material before him or her and based upon testimony given to him or her. The Traffic Court Judge shall then make a determination either written or orally to the parties.

(A) Determination in favor of Complainant and/or SRMT Police

After making a finding in favor of the Complainant and/or the SRMT Police, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall assess a monetary judgment against the operator of the motor vehicle or ORV within the parameters provided for in this chapter. The operator of a motor vehicle or ORV shall then have the opportunity to appeal the decision to the Saint Regis Mohawk Tribal Court of Appeals pursuant to the Tribal Rules of Appellate Civil Procedure.

(B) Determination in favor of the operator

After making a finding in favor of the operator of the motor vehicle or ORV, the Traffic Court Judge shall so advise the operator and thank the operator for appearing before the Saint Regis Mohawk Tribal Court, Traffic Court Division. The SRMT Police and/or complainant has no right to appeal this decision.

The Traffic Court Judge, upon grounds which he or she must include in written form and make part of the record, may dismiss a summons and complaint. Either party may appeal this determination.

(5) Issuance of Determination of Judgment. The Traffic Court Judge after making his/her determination, shall cause to be provided to the operator of the motor vehicle or ORV and complainant a written copy, or if done orally, a spoken directive, of the Court's finding. If the finding is against the operator, and requires the payment of a fine to satisfy the judgment, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall advise the operator of the motor vehicle or ORV of the fine and associated court fee as amended from time to time and the means upon which to satisfy the judgment.

(6) Satisfaction of Judgment. When a fine is issued against the operator of a motor vehicle or ORV, he or she shall pay that judgment amount to the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(A) Upon receiving monies, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall cause to be delivered to the operator a receipt acknowledging receipt of the monies. It also shall clearly indicate if any balance is due and owing. Upon full payment of the judgment, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall issue a Satisfaction of Judgment Statement signed by a Traffic Court Judge.

(B) When the Saint Regis Mohawk Tribal Court, Traffic Court Division receives a monetary payment that is not cash, such payment shall be subject to the Tribe's General Finance Policy Section 3.01.020(c) Check (Deposited) Returned for Non-Sufficient- Funds as amended from time to time.

(7) Failure to satisfy judgments. Should an operator of a motor vehicle or ORV fail to satisfy in a timely manner a judgment from the Saint Regis Mohawk Tribal Court, Traffic Court Division, Tribal Court shall by written notice notify the operator of the motor vehicle or ORV of the outstanding judgment and the consequences of not paying it.

(A) The SRMT Court shall promulgate its own rules and procedures that the SRMT Tribal Council shall approve when a judgment debtor fails to remit payment in a timely manner. Tribal Court may establish an Amnesty Day for judgment debtors to pay outstanding judgments. Any such procedure shall be approved by Tribal Council.

(B) After the Court has exhausted all of its remedies and more than six (6) months has passed since a payment was received, the Court for any tickets issued on or after January 1, 2017, may transfer that judgment debtor's name to the SRMT Tribal Council or its designee who may issue a reminder notice to the judgment debtor and follow the Tribe's procedures regarding the Tribe's Good Standing Policy.

(8) Alternative Civil Judgment and/or Sentencing. After the Saint Regis Mohawk Tribal Court, Traffic Court Division has made a finding against an operator of a motor vehicle, the complainant and/or the SRMT Police or the operator may make a request for an alternative sentence of Community Service. When such request is made the Saint Regis Mohawk Tribal Court, Traffic Court Division shall make a factual determination on the record whether such alternative is appropriate. If such alternative is found appropriate, then any fine imposed shall be suspended and an appropriate alternative sentence of Community Service may be imposed and monitored by the Court. Such Community Service cannot be ordered or served for any Tribal program/department where a background check or fingerprinting is required. Written evidence of successful completion of an alternative sentence shall be required and upon receipt, the judgment of the Saint Regis Mohawk Tribal Court, Traffic Court Division shall be deemed satisfied.

Chapter 3.02 Police Commission Act

3.02.010 Title and Codification

This chapter shall be known as the Saint Regis Mohawk Tribe Police Commission Act.

3.02.020 Prior Laws

The Police Commission Act of 2014 is hereby amended through the adoption of this chapter.

3.02.030 Purpose and Goals

(a) The purpose of the Police Commission Act is to provide for independent supervision of the Chief of Police of the Saint Regis Mohawk Tribal Police Department and provide oversight for the Saint Regis Mohawk Tribal Police Department, while supporting the Saint Regis Mohawk Tribe's duty to maintain the health, safety, education and welfare of all members of the Tribe.

(b) The goals of the Police Commission Act are to:

(1) Support the Saint Regis Mohawk Tribe's goal of self-sufficiency and sovereignty through the implementation and enforcement of Tribal laws, regulations and ordinances.

(2) Provide the community with a professional and effective law enforcement agency that is responsive and respectful while serving the community.

(3) Strengthen the relationship between the community and the police by providing an accessible and credible complaint review process and increasing the community's confidence in the Department.

(4) Provide an open and independent forum for the community to express concerns about police conduct.

3.02.040 Definitions

(a) Chief of Police: The highest-ranking law enforcement officer of the Saint Regis Mohawk Tribal Police Department.

(b) Commission: A board comprised of three (3) tribal members of the Saint Regis Mohawk Tribe.

(c) Commissioners: Tribal members appointed by the Tribal Council to serve as Police Commissioners of the Saint Regis Mohawk Tribe.

(d) Conflict of interest: A conflict of interest occurs when a Police Commissioner has a family relationship to or financial interest in any complaint or investigation.

(e) Department: The Saint Regis Mohawk Tribal Police Department.

(f) Franklin County District Attorney: The elected district attorney for Franklin County.

(g) New York State § 114: The law granting the New York State Police Superintendent authority to appoint a tribal police officer as a police officer with the power to exercise state criminal law upon the Saint Regis Mohawk Reservation.

(h) Personnel: All civilian personnel of the Saint Regis Mohawk Tribal Police Department.

(i) Police Officers: All qualified and sworn members of the Saint Regis Mohawk Tribal Police Department.

(j) Relative: As defined in section 305 of the Employee Handbook version 2 approved February 1, 2016, or as amended.

(k) Saint Regis Mohawk Indian Reservation: All lands defined in the Treaty of 1796 and any subsequent lands over which the Saint Regis Mohawk Tribe exercises jurisdiction.

(l) Sharing of Powers Agreements: Agreements between the Saint Regis Mohawk Tribe and another government which allows the Tribal Police Department to exercise the law enforcement authority of another jurisdiction and allows another law enforcement agency to exercise the Tribe's law enforcement powers under the direction of the Tribal Police Department.

(m) Tribal Council: The legislative and executive body of the Saint Regis Mohawk Tribe.

(n) Tribal Police: The Saint Regis Mohawk Tribal Police Department.

(o) Tribe: The Saint Regis Mohawk Tribe.

3.02.050 Source of Authority

The Saint Regis Mohawk Tribe has inherent sovereign authority to govern and provide for the health and safety of its members, residents, visitors and territory, and through that authority has created the Saint Regis Mohawk Tribal Police Commission.

3.02.060 Scope of Authority

The Saint Regis Mohawk Tribal Police Commission shall supervise the Chief of Police and oversee all complaints and disciplinary actions against the Chief of Police while also overseeing hearings of formal charges against Police Officers or Police Department Personnel as outlined herein and in certain instances hear appeals of personnel complaints as outlined herein. In addition, the Commission may also recommend Police Department policies and procedures or amendments thereto.

3.02.070 Composition of the Police Commission

(a) The Commission shall consist of three (3) members, whose term of office shall be staggered. Members may be reappointed for consecutive terms of three (3) years. A quorum shall be a majority of the Police Commissioners.

(b) Appointment Process

(1) Within ninety (90) days prior to the end of a current Commissioner's term, or upon a vacancy, the Tribal Council may post the opening of a position in local media. The posting shall request individuals willing to serve on the Commission to submit a letter of interest to the Tribal Council.

(2) The applicants shall be reviewed by the Tribal Council.

(3) The Tribal Council shall appoint a candidate by majority vote within thirty (30) days of receipt of all applications.

(4) Upon appointment by the Tribal Council, the Commission member shall be sworn into office by a Tribal Court Judge.

(1) All Commission members and candidates shall:

(A) Be a member of the Saint Regis Mohawk Tribe;

(B) Possess a minimum of a high school diploma or GED, with a preference for a post-secondary degree;

(D) Possess supervisory capability, with experience preferred;

(E) Possess relevant and significant qualifications and experience. Areas of Human Resources, Law, and Policing/Public Safety are preferred;

(F) Submit proof of supervisory training or willingness to take training within one (1) year; and

(G) Be willing to maintain communication through technology and be accessible.

(2) All Commission members and candidates shall not:

(A) Have a felony conviction.

(B) Have been convicted of any misdemeanor offense within one (1) year of application and during tenure.

(D) Have been convicted of any misdemeanor domestic violence or sexual assault convictions.

(E) Be currently employed by the Saint Regis Mohawk Tribal Police Department.

(F) Have been terminated for cause by any police department.

(G) Have resigned within the past year from a police department.

(H) Be an immediate relative, as defined by the SRMT Employee Handbook, to the Chief of Police.

(d) Election of Officers

The Commission members shall nominate a Chairperson by motion and majority vote. The Chairperson shall be the presiding officer at all meetings and shall perform duties pertaining to the office. The Chairperson's term shall be for one (1) year or until a successor is nominated. Failure of the Chairperson to perform his/her duties shall result in the Commission removing the Chairperson from his/her role and responsibility. The Chairperson is a voting member of the Commission.

3.02.080 Removal of Commissioners

(a) In the event a Commissioner violates any provisions contained in Section 3.02.070(c)(2), he or she shall be removed by Tribal Council.

(b) When a Commissioner fails to meet the duties outlined in Section 3.02.110, the Commission shall meet to determine whether a Commissioner shall be recommended for removal or for any other discipline to the Tribal Council.

(c) A Commissioner may be removed by Tribal Council in the event that the Chairperson notifies Tribal Council that he or she missed more than three (3) consecutive meetings in any twelve (12) month time period without good cause.

(d) A Commissioner may also be removed by Tribal Council for continual failure to remove him/herself from cases for a conflict of interest.

(e) The Commission may recommend certain discipline of a Commissioner to Tribal Council up to and including removal. Tribal Council's review of any of the Commission's recommendation shall be completed within a relevant time period of no more than twenty (20) business days. Tribal Council retains its authority to adopt the Commission's recommendation or impose its own discipline including removal.

(f) Tribal Council also retains its authority to remove or discipline a Commissioner who fails to perform his or her duties as a Commissioner or fails to abide by the Tribal Boards, Commissions, and Committee Code of Conduct, adopted by TCR 2018-50, or as amended.

(g) In the event, the Commission fails to act to determine whether a Commissioner shall be removed or disciplined for any infraction under this chapter, Tribal Council retains its discretion to remove or discipline a Commissioner.

3.02.090 Conflict of Interest

In the event a Commissioner possesses a conflict of interest on a particular issue, he or she shall recuse himself/herself from the decision-making process. If the Commissioner fails to recuse himself or herself and the conflict of interest is apparent to the remaining Commissioners, they shall remove him or her by a majority vote. In the case of a conflict of interest, a sub-chief(s) shall replace the conflicted Police Commissioner(s) for the matter.

3.02.100 Confidentiality

All Commissioners shall not reveal any confidential information regarding personnel matters, investigations, and disciplinary hearings. Sharing of confidential information shall result in the removal pursuant to Section 3.02.080.

3.02.110 Duties of the Commission

(a) The Commission shall appoint, supervise, discipline, and terminate the Chief of Police of the Saint Regis Mohawk Tribal Police Department.

(b) The Commission shall submit approved by-laws to Tribal Council. The Tribal Council shall review such by-laws, make any necessary changes and approve the by- laws within thirty (30) days with a Tribal Council Resolution. The Commission may adopt updates and/or amendments to the by-laws on an annual basis and submit such changes to Tribal Council approval with a Tribal Council Resolution.

(c) The Commission shall recommend to the Tribal Council officers qualified to exercise authority pursuant to New York State Article 8 § 114.

(d) The Commission shall review and recommend for approval of all policies and procedures of the Saint Regis Mohawk Tribal Police. Within 120 days of the adoption of this chapter, the Commission shall conduct, or cause to be conducted, a complete review of existing Policies and Procedures, and if necessary make recommendations to amend such Policies and Procedures for consistency with this chapter. All such Policies and Procedures shall be consistent with the Saint Regis Mohawk Tribe's goal of self- sufficiency and sovereignty through the implementation and enforcement of Tribal laws, regulations and ordinances. After the adoption, the Policies and Procedures may be amended under the following circumstances:

(1) The Chief of Police may provide the Commission with any recommended or necessary additions or amendments to Department policies and procedures.

(2) The Commission may also draft changes based upon issues identified by the community or the Commission.

(3) Upon receiving any amendments to policies and procedures from the Chief of Police, the Commission shall have up to sixty (60) days to review and recommend adoption to Tribal Council.

(4) After the review period, the Commission shall submit the proposed amendments to the Tribal Council for approval or request the Police Department to make further revisions.

(e) Upon submission to the Tribal Council of the policies and procedures, they shall become approved within sixty (60) days unless the Tribal Council votes to reject the new policies and procedures or request certain changes. If the Council votes to reject the policies and procedures, the Council shall give a written explanation to the Commission within fifteen (15) business days of the rejection. If changes are requested then the Police Commission shall determine whether to make further changes and resubmit to Tribal Council within thirty (30) days of receiving such changes. Thereafter, Tribal Council shall approve the policies and procedures within thirty (30) days.

(f) A member of the Commission may participate in hiring and promotion decisions of the Police Department, but the Chief of Police retains the authority to select a candidate. The actions of the Chief of Police must be consistent with departmental policies, the Tribe's current policies and procedures including the Employee Handbook or any amendments thereto. The Commission may terminate Police Department Personnel and Officers consistent with Section 3.02.160 herein.

(g) The Commission, with the input of the Chief of Police, may provide the Tribe's Human Resources Division with proposed policies for the hiring, promotion, suspension and removal of personnel and officers of the Police Department.

(h) The Commission shall oversee all complaints against the Chief of Police.

(i) The Commission may be involved in complaints against Department Personnel and Officers as outlined in the Police Manual and herein at Section 3.02.160. As outlined in Police Manual Section 1100 the Commission may hear appeals regarding certain disciplinary decisions involving Police Personnel reporting directly to the Chief of Police. It shall not oversee any complaints involving conduct or discipline relating to the Tribe's Employee Handbook unless such a review is outlined in the Tribe's Employee Handbook.

(j) The Commission shall not solicit complaints from the public. The Commission, however, shall make complaint forms accessible to the public and ensure all tribal agencies know the complaint process and where to submit a complaint form.

(k) The Commission, along with the Tribal Council, shall oversee the entering into of sharing of powers agreements, mutual aid agreements, and cross-deputization agreements by the Police Department with non-tribal law enforcement agencies.

(l) The Commission shall review all reports and audits conducted by the Bureau of Indian Affairs, or any other entity's reports or audits that are submitted to the Chief of Police.

(m) The Commission shall review closed complaints and disciplinary cases involving conduct related to the Police Manual every six (6) months to determine whether improvements to Department policies and procedures are needed. The Commission shall not reopen closed cases, but shall only review the cases to determine needed improvements in policies and procedures.

(n) The Commission shall review the Department's annual proposed budget and may provide recommendations to the Chief of Police regarding the Department' s finances, pending availability of funds, prior to its submission to the Tribal Administration Budget Team for review.

(o) The Commission shall review all summaries of use of force incidents, after investigations are complete. The summary shall include badge numbers of officers involved, circumstances of incidents, such as a shooting, and final determinations of investigation. The Commission shall identify patterns and trends and adjust policies and procedures and training when appropriate based on this review.

(p) The Commission shall work towards increasing public awareness of the Commission and the Police Department to include providing public notice of its monthly meetings, provided that all hearings involving disciplinary matters shall be held in executive (closed) session.

(q) The Commission, for any reason, may request that an independent police auditor be appointed by the Tribal Council to monitor a particular complaint or investigation.

(r) The Commission shall provide a report to the Tribal Council of its individual member's activities on a monthly basis. It shall also provide a monthly report to the Tribal Council to include, but not limited to, statistics on the number of complaints and disciplinary actions it has heard, and any other issues the Commission or the Tribal Council may deem important and appropriate.

(s) The Commission shall conduct a yearly evaluation of the Department. It shall be submitted by June 1st of each year. The Commission may hire an outside evaluator to assist with it. The evaluation shall include, but is not limited to:

(1) Interviews with Department personnel and officers.

(2) Conduct an anonymous survey of all Department personnel and officers regarding working conditions and overall satisfaction with the Department.

(3) A review of complaints and disciplinary actions regarding Department personnel and officers.

(4) A review of policies and procedures.

(5) A review of Department statistics, including statistics on the number of Tribal summonses and State summonses.

(6) A review of the Department's strategic plan including any implementation efforts.

(t) To coincide with the Department's annual evaluation from Section 3.02.110(s), the Commission shall submit to the Tribal Council an annual report. The annual report shall include a summary of each member's individual activities and should include, but is not limited to, the number of complaints filed and resolved by the Commission, the number of disciplinary actions it oversaw, changes in policies and procedures or recommendations for such changes, goals and needed resources for the following year.

(u) The Commission shall not respond to police scenes or calls for assistance. If any individual Commissioner responds to a police scene or calls for assistance, the Tribal Police on scene shall refer the matter to the Senior Officer on scene.

3.02.120 Police Commission Personnel

(a) The Commission may have the services of its own contract attorney, separate from the Tribe's Legal Department, during all officer or personnel disciplinary hearings to avoid any conflict of interest. Payment for the services of any contract attorney shall be included in the Commission's annual budget.

3.02.130 Appointment, Supervision, Discipline of the Chief of Police

(a) In accordance with Section 3.02.110(a) the Police Commission appoints, supervises, disciplines, and may terminate the Chief of Police.

(b) The Chief of Police is an employee of the Saint Regis Mohawk Tribe. As such, he/she is subject to the Tribe's policies and procedures including, but not limited to, the Employee Handbook with its amendments and the Whistleblower Policy. In addition, he/she also is 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. For any conduct that is proscribed under the Tribal Police's Police Manual it will control any complaint or disciplinary process and the Commission will determine whether to proceed with any disciplinary charges as outlined herein at Section 3.02.130(g).

(c) The Police Commission shall work with the Human Resources Department and follow the procedures in the Employee Handbook for any conduct that is proscribed in the Employee Handbook.

(d) The Commission shall use the following process for appointing the Chief of Police:

(1) Upon a vacancy, the Commission shall appoint an Acting Chief of Police while conducting a candidate search.

(2) The Police Commission shall post the position in local and national newspapers, in addition to any other places, for no longer than thirty (30) days.

(3) The Commission shall interview any candidates that meet the criteria for Chief of Police as per Section 3.02.130(c).

(4) Upon finding a qualified candidate, the Commission upon notice to Tribal Council shall appoint a Chief of Police.

(e) The Chief of Police must meet the following requirements.

(1) Ten (10) years of law enforcement experience.

(2) Five (5) years of supervisory or management experience.

(3) Possess the qualifications required to be appointed pursuant to New York State Article 8 § 114.

(4) The Native Preference Policy of the Saint Regis Mohawk Tribe shall apply to this position.

(f) To coincide with the Department's annual evaluation from Section 3.02.110(q), the Commission shall conduct a yearly evaluation of the Chief of Police. It shall be submitted by February fifteenth (15th) of each year. The Commission may hire an outside evaluator to assist with the evaluation. The evaluation shall include, but is not limited to:

(1) Interviews with Department personnel and officers.

(2) Conduct an anonymous survey of all Police Officers and Personnel to determine the overall satisfaction with the Chief of Police with a focus on whether he or she is adhering to the job description or duties listed in the Police Manual.

(3) Conduct a review of complaints and/or disciplinary actions against the Chief of Police.

(4) A review of any updated policies and procedures that the Chief of Police may have initiated.

(g) Disciplinary charges against the Chief of Police may be filed by the Commission based upon an Internal Affairs investigation or as a result of the Commission's oversight of the Chief of Police.

(1) Written notice of the charges shall be given to the Chief of Police, along with notice of a hearing to be held before the Commission. The notice shall include the right to cross examine witnesses, the right to present evidence, and the right to an attorney at his/her own expense.

(2) The disciplinary hearing shall be heard by the Commission within thirty (30) days of the filing of the disciplinary charges.

(3) The Police Commission shall determine which evidence is relevant and allowed at the hearing.

(4) The Chief of Police may cross-examine evidence and offer any evidence to refute the charges.

(5) The Commission shall decide whether the charges have been sustained based upon the evidence presented to them. The evidence may be offered by the Internal Affairs Officer or by the Commission's Chair or his/her designee. The burden of proof is preponderance of the evidence. The Commission may retire to executive session to discuss and decide the case.

(6) Upon a finding the charges have been sustained, the Commission shall impose discipline, which may include, but is not limited to counseling, training, probation, suspension, or termination. The Commission shall issue a written decision for any discipline that involves termination or suspension.

(7) Once the Commission has rendered a decision involving a suspension or termination, the Chief of Police may appeal such decision within ten (10) business days of the decision being issued to the Saint Regis Mohawk Court of Appeals on notice to the Commission. The Court of Appeals shall determine whether the Commission's decision was arbitrary and capricious based upon the record the Commission develops. After an appeal is filed, the Commission shall have ten (10) business days to submit a certified copy of the record with the Court of Appeals and provide a copy to the Chief of Police. If the Commission's decision involves counseling, training, probation or anything other than suspension or termination then the Commission's decision is final.

(h) The Chief of Police may be suspended by the Commission during an investigation involving his/her conduct. The Commission shall decide if the suspension shall be with or without pay. If the investigation does not result in further disciplinary action, or the suspension is found to be unwarranted, any loss of compensation during the suspension period shall be reviewed and may be returned to the Chief of Police.

(i) Any misconduct that is criminal in nature shall be referred to the tribal prosecutor and/or Franklin County District Attorney or other law enforcement agency that is deemed appropriate.

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.

3.02.150 Complaints from the Public

(a) All public complaints involving officers and personnel shall be filed in writing with the Office of Professional Standards at the Tribal Police Department. Once a complaint is received it will be classified as either Internal Affairs, Office of Professional Standards or Human Resources matter. The classification will determine the type of investigation.

(b) The Commission shall be notified of any Internal Affairs matter. The notification shall contain the badge number of the Officer or in the case of Personnel the case number assigned to the matter. It shall not include the details of the complaint. For any complaint investigated under the Office of Professional Standards, the Commission shall be notified only if there is a formal investigation. The notification shall contain the badge number of the Officer or if it involves Personnel the case number assigned to the matter.

(c) The Chief shall provide a monthly report to the Commission with the number of complaints filed, the number of complaints in each category and the status of the complaints. The report shall not discuss the details of any complaint.

(d) Investigations involving excessive use of force shall be immediately reported to the Chairperson of the Police Commission. The Chairperson of the Police Commission, or his/her designee, shall oversee investigations involving excessive use of force. The Chief of Police shall not discuss any ongoing investigation with the Commission, except the Chief of Police may discuss ongoing investigations involving excessive use of force with the Chairperson or his/her designee.

(e) Any investigation involving criminal activities shall be referred to the tribal prosecutor and/or Franklin County District Attorney or other law enforcement agency that is deemed appropriate.

(f) Complaints against the Chief of Police shall be filed with the Commission who shall forward them to Internal Affairs to investigate, if warranted. If an investigation is warranted, the Commission's Chair or his/her designee shall oversee the investigation. If the Commission determines it is necessary, they may appoint an external investigator. The Commission shall notify the complainant in writing of the investigation. Once an investigation is complete, the Commission shall determine whether any disciplinary action needs to be taken and notify the complainant whether the complaint was sustained or unfounded. The process outlined in Section 3.02.130(e) shall apply to disciplinary actions against the Chief of Police.

3.02.160 Disciplinary Hearing Procedures Involving Officers and Personnel, Other than Chief of Police

(a) Employee Handbook Complaints. If the disciplinary matter is covered under the Employee Handbook, it shall be handled under the Employee Handbook procedures. All appeals shall be handled under those rules, unless the Officer or Personnel involved reports directly to the Chief of Police. For anyone who reports directly to the Chief of Police, he or she is entitled to appeal to the Police Commission. The Commission shall review the record from the Tribe's Human Resources department and it is strongly encouraged to meet with the Officer or Personnel who submitted the appeal.

(b) Personnel Complaints. If the matter involves a formal investigation where discipline is imposed, those matters shall be handled under the Police Manual, unless the Officer or Personnel reports directly to the Chief of Police and is outlined in Police Manual at Section 1100.12. For anyone who reports directly to the Chief of Police, he or she is entitled to appeal to the Police Commission. The Police Commission shall review the record from the disciplinary process and is strongly encouraged to meet with Officer of Personnel who submitted the appeal.

(1) Invite the Police Officer or Personnel to agree to an informal resolution to the investigation;

(2) If an informal resolution is reached it must be reduced to writing whereby any appeal is waived and the discipline outlined; and

(3) If an informal resolution is not reached or the Chief of Police decides an informal resolution is not appropriate, the Chief of Police shall bring formal disciplinary charges against the Police Officer or Personnel.

(4) For formal charges before the Police Commission the following shall apply:

(A) The Commission shall be notified when formal disciplinary charges are filed. The notification shall contain the name of the Police Officer and/or Personnel but shall not include the details of the complaint.

(B) Upon the filing of formal disciplinary charges, the Police Officer or Personnel shall receive a copy of the charges in writing, along with notice of a hearing before the Police Commission. The notice shall include the right to cross- examine witnesses, the right to present evidence and the right to an attorney at his/her own expense or some other representative/advocate.

(C) The disciplinary hearing shall be heard by the Commission within thirty (30) days of the filing of the formal disciplinary charges.

(D) The hearing shall be closed to the public.

(E) The Chairperson shall not be involved in hearings involving an investigation overseen by him/her, unless it is a disciplinary action involving the Chief of Police.

(F) The Police Commission shall determine which evidence is relevant and allowed at the hearing.

(G) At the hearing, the Internal Affairs Officer shall present evidence to prove the charges. The Police Department may be represented by the Tribe's General Counsel. The burden of proof shall be a preponderance of the evidence. Past conduct may be offered if relevant to the current case.

(H) The Police Officer or Personnel may make a motion to disqualify a Commissioner for a conflict of interest. The challenged Commissioner may step down from the hearing or the Commission shall decide by majority vote whether to grant the motion.

(I) The Commission may question witnesses and request additional evidence.

(J) The Officer or Personnel may cross-examine witnesses and offer any evidence to refute the charges.

(K) The Commission shall decide whether the charges have been sustained based upon the evidence presented to them. They may retire to executive session to discuss and decide the case.

(L) Upon a finding the charges have been sustained, the Commission shall impose discipline based upon Department policies and procedures. The Commission shall review the personnel file for prior conduct and the Officer or Personnel may offer evidence of prior good conduct. Discipline may include, but is not limited to, counseling, training, probation, suspension, last chance agreement and termination from the Department. The Commission shall ensure that any discipline is fair and commensurate with the violation and that all Officers and Personnel are disciplined equally.

(M) A Police Officer or Personnel may petition for a rehearing within sixty (60) days of the Commission's decision upon discovery of new evidence. The Commission shall grant a new hearing if the evidence is relevant to the charges and was not available at the initial hearing.

(N) If a hearing, stemming from an Internal Affairs investigation, results in the termination of a Police Officer or Personnel, or if he/she is suspended without pay he/she may appeal the Commission's decision to the Saint Regis Mohawk Tribal Court of Appeals. Such an appeal must be filed within ten (10) days of the decision being issued on notice to the Commission. The Court of Appeals shall determine whether the Commission's decision was arbitrary and capricious based upon the record the Commission develops. Once an appeal is filed, the Commission shall file within ten (10) business days a certified copy of the record with the Court of Appeals on notice to the Officer or Personnel. If the Commission's decision involves counseling, training, probation or anything other than suspension or termination the Commission's decision is final.

(d) Any Commission findings shall remain in the employee's personnel files.

(e) Commission files, including notes, regarding formal disciplinary hearings shall be kept in an organized manner and secured in a locked filing cabinet that is only accessible by Commission members and its administrative assistant.

3.02.170 Non-Tribal Law Enforcement Agencies

(a) The Tribe exercises a government-to-government relationship with all other governments. Due to this relationship, the Commission along with the Tribal Council, shall oversee all sharing of powers, mutual aid arrangements, and cross-deputation agreements by the Police Department with non-tribal law enforcement agencies.

(b) A member of the Commission, and a designee of the Tribal Council, shall attend all meetings with non-tribal law enforcement agencies involving sharing of powers, mutual aid arrangement, cross-deputation agreements and any other cooperative agreements with outside law enforcement agencies.

(c) The Commission shall review any sharing of power agreements, mutual aid agreements, and cross-deputization agreements which are made between the Police Department and non-tribal law enforcement agencies or departments.

(d) Upon the Commission's approval, these agreements shall be forwarded to the Tribal Council for approval.

3.02.180 Commission Meetings

(a) The Police Commission shall meet at least once a month. In addition, the Police Commission along with the Chief of Police may meet with Tribal Council after its monthly meeting. The public may participate in a portion of the monthly meeting unless the Police Commission is in Executive Session. The public portion of the meeting may include, but is not limited to, the following:

(1) A report by the Chief of Police, including statistics of the number of incidents responded to in the last month, types of calls, convictions, any public service by the Police Department, and the number of complaints filed and investigated;

(2) Review of any policies and procedures; and

(3) Any comments from the public.

(b) The Commission Chair may also call special meetings to attend to urgent business.

3.02.190 Funding

(a) The Commissioners shall receive a monthly stipend, set by Tribal Council Resolution 2013-17, or as amended.

(b) The Commission shall receive an annual budget every year from the Tribal General Fund, which may include funding for stipends, meetings, training, travel, an administrative assistant, supplies, and a contract attorney or any other reasonable and necessary expense.

The Commission shall submit a proposed budget for the Commission's funding to the Budget Team by June 1^st of every year, unless requested at a different time by the Tribal Council.

3.02.200 Severability

If any word, clause, phrase, sentence, subsection, section, or other provision of this Code is held invalid by a court of competent jurisdiction, the invalidity shall not affect any other provisions or applications of this law that can be given effect without the invalid provision.

3.02.210 Sovereign Immunity

Nothing in this chapter shall be deemed as a waiver of the Tribe's sovereignty immunity.

3.02.220 Amendment

This Ordinance may be amended upon the approval and adoption of such amendments by Tribal Council.

3.02.230 Repealer

This chapter shall supersede and replace all other Acts, or portions thereof, adopted by the Saint Regis Mohawk Tribal Council, as they contain to the matters herein.

Chapter 3.03 Animal Control Ordinance

3.03.010 Title

This chapter shall be known as the Amended Animal Control Ordinance.

3.03.020 Definitions

Animal Control Office means the agency or department of the Saint Regis Mohawk Tribe or any designated representative thereof charged with administering the issuance of permits and licenses under the provisions of this chapter.

Animal means any animal, dog, cat, farm animal, reptile, etc., whether domesticated or wild, that is owned, harbored or living on the Saint Regis Mohawk Reservation.

At-large means an animal shall be deemed to be at large when off the property of the owner and/or not under restraint or control of the owner.

Court of Appeals means the appellate level of the Saint Regis Mohawk Tribal Courts.

"Dangerous" animal means any animal that without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat, serious injury, or death to one or more persons or domestic animals.

"Dangerous dog collar" means a collar which consists of red stripes alternatively spaced with yellow stripes set diagonal to the rim of the collar at an angle, and at least one of the 2 colors reflects light in the dark.

Exotic Animal means any animal that is not normally domesticated in Akwesasne or is wild by nature. Exotic animals include but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:

1. Non-human primates and prosimians (monkeys, chimpanzees, baboons)

2. Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats)

3. Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs)

4. Ursidae (all bears)

5. Reptilia (all venomous snakes, all constricting snakes)

6. Crocodilia (alligators, crocodiles)

7. Proboscidae (elephants)

8. Hyanenidae (hyenas)

9. Artiodatyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats)

10. Procyonidae (raccoons, coatis)

11. Marsupialia (kangaroos, oppossums)

12. Perissodactylea (rhinoceroses , tapirs, not horses or donkeys or mules)

13. Edentara (anteaters, sloths, armadillos)

14. Viverridae (mongooses, civets, and genets)

Humane Manner means the care of an animal shall include, but is not limited to, adequate shelter, shade, heat, ventilation, sanitary shelter, wholesome food, and a fresh and adequate source of water, consistent with the normal requirements and feedings habits of the animal's size, species, and breed.

Kennel means an establishment kept for the purpose of breeding, selling, or boarding animals or engaged in training animals.

Neutered or spayed means an animal rendered permanently incapable of reproduction.

Nuisance means an animal shall be considered a nuisance if (1) it is at large, damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; (2) causes unsanitary, "dangerous," or offensive conditions; causes a disturbance by excessive barking or other noise making; or (3) chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.

Owner means a person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person.

Physical Injury means impairment of physical condition or substantial pain.

Pound means a facility designated or recognized by the Saint Regis Mohawk Tribe for the purpose of impounding and caring for animals.

Restraint means an animal shall be considered under restraint if it is fenced within the real property limits of its owner or secured by a leash or lead or under the control of an owner or a responsible person designated by the owner.

Saint Regis Mohawk Reservation means both the Saint Regis Mohawk Indian Tribe Reservation as established by the 1796 Treaty with the Seven Nations of Canada (7 Stat. 55) and any other lands over which the Tribe exercises jurisdiction now or in the future.

Serious Physical Injury means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Tribal Animal Control Officer refers to the person or persons designated by the Saint Regis Mohawk Tribe to enforce this chapter.

Tribal Council means the duly elected Saint Regis Mohawk Tribal Council consisting of three (3) chiefs and three (3) sub-chiefs.

Tribal Court refers to the trial level of the Saint Regis Mohawk Tribal Court which shall retain exclusive jurisdiction to preside over all proceedings relating to a summons and complaints filed under this chapter.

Unaltered means any animal that has not been spayed or neutered.

Wild Animal means any animal which is now or historically has been found in the wild, or in the wild state. This term includes, but is not limited to, animals such as: deer, skunk, opossum, raccoon, mink, armadillo, coyote, squirrel, fox, wolf and wolf-dog hybrids.

Wildlife sanctuary means an area specially designated for the protection of wildlife and wherein it is illegal to interfere in anyway with the natural habitat.

3.03.030 Owner Responsibilities and Offenses

(a) All animals shall be kept under restraint, which includes having animals constrained to an owner's yard or if outside of an owner's yard is kept on a leash or within the control of the owner. Owners of “aggressive” animal(s), as determined by the Animal Control Officer, must take extra caution that their animal(s) are not given free, unsupervised access to the general public. The Animal Control Officer shall use the following the factors to determine whether an animal is aggressive:

(1) the animal is baring its teeth;

(2) the animal is reported to have gotten into a fight with another animal; and

(3) any other factor for which the Animal Control Officer deems in his/her opinion to make the animal aggressive and provides documentation to the owner or reputed owner.

(b) An Owner must ensure that his animal is not a nuisance in any way to the general public. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this chapter.

(d) Animals are not to be left unattended in a vehicle in extreme heat or cold temperatures. Animals left in a vehicle in hot or cold temperatures may be subject to seizure or impoundment. If extreme heat or cold is a factor, the Animal Control Officer or the Tribal Police may enter the vehicle with force if necessary to aid an unattended animal.

(e) Owners shall ensure that their animal carries identification at all times in the form of a microchip, tag, or other means to allow easy identification of the owner.

(f) A person shall not abandon, instigate, torture, injure, kill, or poison an animal whether it belongs to him or another; or, inflict any act of cruelty on any animal with the exception of Section 3.03.040 of this chapter.

(g) No person shall own, keep, or harbor any dog or cat over four months of age within the Saint Regis Mohawk Reservation unless such dog or cat is vaccinated for rabies by a licensed veterinarian. A certificate of vaccination shall be issued to the owner of each vaccinated animal. Each owner shall also receive a durable vaccination tag indicating the year in which it was issued. The provisions of this section do not apply to animals held in a government operated or licensed animal shelter.

(h) Any dog, not under the control of the Owner or that bites a person and causes Serious Physical Injury or is deemed “dangerous” by the Animal Control Officer/Department, shall be quarantined under the authority of the Animal Control Officer/Department. The Animal Control Department may order the Owner to quarantine their dog for a period not exceeding ten (10) days unless the Animal Control Officer deems the dog “dangerous”. Upon such determination the Animal Control Officer shall have the discretion to issue a Summons to the Owner to appear in Tribal Court to obtain a judicial determination that a dog is “dangerous”. Any dog subject to quarantine may be destroyed after ten (10) days at the discretion of the Animal Control Department.

(i) Failure of an Owner to comply with the provisions of this section may result in a fine as outlined in Section 3.03.050(f). Fines shall be used to offset costs associated with the Animal Control Program.

(j) This chapter shall apply to any animal found within the Reservation even if the Owner does not reside within the Reservation and the Owner is visiting, living here temporarily or passing through.

3.03.040 Exemption

If any dog shall, without justification, attack a person, a companion animal, farm animal or domestic animal, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person or such animal, when such person or animal is peaceably conducting himself in a place where he or it may lawfully be, such person or any other person witnessing the attack or threatened attack may destroy such dog and no liability in damages or otherwise shall be incurred on account of such destruction.

3.03.050 Issuance of Summons and Court Procedure

(a) The Animal Control Officer or an officer from the Saint Regis Mohawk Tribe Police Department may issue a Summons with Notice of Violation to a person when, based upon personal observation, eye witness reports or investigation, the officer has reasonable cause to believe that the Owner has committed a violation of this chapter. The Summons and Notice will detail the offense, the time, date and location of the offense and an exact time and date at which the Owner must appear at the Saint Regis Mohawk Tribal Court.

(b) If the Summons and Notice is for a determination that a dog is "dangerous" the Animal Control Officer shall have the burden to demonstrate the dog is "dangerous" by a preponderance of the evidence. The Animal Control Officer can meet this burden with eyewitness statements, sworn testimony or any other evidence. The evidence does not need to be competent or meet other evidentiary standards, but can be hearsay. Once the Animal Control Officer has met the burden it shifts to the Owner to demonstrate by clear and convincing evidence that the dog is not "dangerous". If a dog has caused Serious Physical Injury then the Animal Control Officer shall file documentation such as medical reports, photographs, or police reports showing Serious Physical Injury and the Owner shall need to rebut the presumption that the dog is "dangerous". The Tribal Court shall then make a written determination whether (1) the dog is "dangerous"; (2) the dog is to be destroyed, if not to be destroyed then the conditions the Owner must abide for ownership; and (3) a fine should be assessed to the Owner.

(c) Once a there is a judicial determination that a dog is dangerous and there has been Serious Physical Injury, the victim may sue the Owner to recover in a separate action for any medical expenses for which the injured party cannot recover from another source and for any veterinarian expenses an Owner's animal may have suffered.

(d) For any other type of Summons, the Court shall determine based upon a preponderance of the evidence whether a violation of this chapter occurred. The Animal Control Officer shall have the burden by a preponderance of evidence of showing a violation of this chapter. The evidence does not need to be competent or meet other evidentiary standards, but can be hearsay. Once the Animal Control Officer has met the burden it shifts to the person summoned to demonstrate by clear and convincing evidence that it did not violate this chapter. The Tribal Court can then make a determination whether a violation of this chapter has occurred.

(e) The Owner shall pay any applicable fine within 30 days from the date the fine was issued in full satisfaction of the violation.

(f) The fine for a violation of this chapter shall be $50.00 for a first offense and up to $500.00 for each subsequent offense except as otherwise outlined in this chapter in Section 3.03.120.

(g) For anyone who is summoned to Tribal Court and found to be in violation of this chapter shall be assessed a court fee as determined by separate Tribal Council Resolution which may be amended from time to time in addition to any fine.

(h) Any fine or court fee shall be payable within thirty (30) days of being assessed. Failure to pay a fine may subject the person to contempt of court proceedings or the person's name may be transferred to the Tribal Council's designee for collection under the Tribe's Good Standing Policy.

3.03.060 Impoundment

(a) Any animal found running at large shall be impounded by the Animal Control Officer in an animal shelter and confined in a humane manner. Immediately upon impounding the animal, the Animal Control Officer shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Animals not claimed by their owners within a period of five (5) days, shall forfeit ownership of the animal, which shall then become the property of the Saint Regis Mohawk Tribe. Before release an animal to the owner, the owner shall pay a fine of $10 per day including any expenses to the Animal Control Department

(b) When an animal is found running at large and its ownership is verified by the Animal Control Officer, he may exercise the option of serving the owner with a Summons to the Saint Regis Mohawk Tribal Court for a violation of this chapter in lieu of impounding the animal.

(c) Any dog that has been impounded and deemed, by the Animal Control Officer, to be aggressive shall not be released to its owner until that owner has satisfied the Animal Control Office that the aggressive behavior no longer poses a threat to the safety or health of any person or animal or reasonable steps have been undertaken by the owner which ensures the safety of the community.

(1) The owner of an aggressive dog shall keep the dog restrained, as defined in Section 3.03.020 of this chapter, at all times.

(2) Any dog deemed aggressive by the Animal Control Officer may be required, at the officer's discretion, to wear a dangerous dog collar at all times.

(d) In the event that the Animal Control Department finds an animal(s) to be suffering, it shall have the right forthwith to remove or cause to have removed the animal(s) to a safe place for care at the owner's expense; or, to euthanize the animal(s) when necessary to prevent further suffering. Return of an impounded animal(s) to the owner may be withheld until the owner shall have made full payment for the impoundment and for all expenses so incurred.

(e) Disposal of an animal by the Animal Control Office or the owner does not relieve the owner of liability for violations and any accrued charges.

3.03.070 Enforcement and Authority

(a) The Animal Control Officer is hereby delegated and shall have the power to seize animals, and/or to use physical force when necessary to protect self, others, and other animals.

(b) The Animal Control Officer shall have the power to enter property (public or private) when in the course of executing the duties and obligations under this chapter, when he has reasonable cause to believe a violation of this chapter is occurring and has reason to believe that a potential harm has occurred, or is about to occur.

(c) At any and all times, the Animal Control Officer shall have the right to inspect the animal(s) and where it is housed within the jurisdiction of the Saint Regis Mohawk Tribe and upon reasonable notice. Any party who intentionally interferes with or obstructs the inspection violates this chapter.

(d) The Animal Control Officer shall have the authority to issue a summons with a notice of violation to appear before the Tribal Court for the enforcement of this chapter.

(e) The Animal Control Office shall have the authority to solicit and apply for any grants or assistance in the performance of his duties under the ordinance including but not limited to spaying, neutering and public information ads.

(f) The Animal Control Officer shall have the authority to adopt regulations and policies as necessary to implement this chapter.

3.03.080 Grants

The Animal Control Office shall have the authority to solicit and apply for any grants or assistance in the performance of his/her duties under the Ordinance including but not limited to spaying, neutering and public information ads.

3.03.090 Permits and Licenses

RESERVED

3.03.100 Redemption

(a) Any animal impounded may be redeemed by the owner thereof within five (5) days upon payment of an impoundment fees and any fees or fines assessed unless the Animal Control Officer has set a longer period. Impoundment fees shall be inclusive of food, shelter, and services rendered pursuant to a fee schedule established by the Animal Control Office. Payment of impoundment fees is not considered to be in lieu of any fine, penalty, or license fees. Any animal confined for rabies quarantine, evidence, or other purpose may be redeemed by the owner thereof upon payment of a daily fee plus incurred expenses.

(b) Any animal required to be licensed or vaccinated under this chapter may NOT be redeemed until provisions for such licensing and vaccination have been fulfilled.

3.03.110 Pound and Adoption

The Saint Regis Mohawk Tribe shall establish a temporary pound and said pound shall be operated by the Animal Control Office in a secure and humane manner and environment.

(a) Any dog in the custody of the pound not claimed by their owner within five (5) days, or seized from their owner for just cause, shall become the property of the Saint Regis Mohawk Tribe.

(b) Any dog that is deemed suitable for adoption, by the Animal Control Office, may be adopted as an option to euthanasia. An adoption fee shall be assessed at the time of adoption. No dog shall be released for adoption as a pet without being neutered. Vaccination fees, licensing fees, and veterinary costs may be assessed above and beyond the adoption fee.

3.03.120 Wild or Exotic Animals

(a) No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild or exotic animal for use as a pet within the territory of Akwesasne, except that this section shall not apply to the following persons and entities with respect to wild or exotic animals owned or harbored by them solely for a purpose other than for use as a pet:

(1) Licensed veterinarians and incorporated humane societies, or animal shelters, societies for the prevention of cruelty to animals or animal welfare organizations duly licensed by the St. Regis Mohawk Tribe or other recognized licensing authority, in the temporary possession of wild animals;

(2) A person having custody of a wild animal solely for the purpose of transporting it to a licensed veterinarian, wildlife rehabilitator, humane society or other entity authorized by this section to handle or treat wild animals;

(b) The Animal Control Officer is hereby authorized to enforce the provisions of this section and issue notices of violation to persons in violation of this section, and shall have the authority to seize any wild or exotic animal held in violation of this section. Wild or Exotic animals seized or surrendered pursuant to the provisions of this section shall be transferred to a duly incorporated wildlife sanctuary as defined in this section, or a zoological facility accredited by the American Zoological and Aquarium Association, or shall be humanely euthanized.

(c) Notwithstanding any other provision of law, any person who knowingly breeds a wild or exotic animal or knowingly possesses, owns, harbors, sells, barters, transfers, exchanges, or imports a wild or exotic animal for use as a pet in violation of the provisions of this section shall be subject to the penalty of not more than $500.00 (five hundred dollars) for the first offense and not more than $1,000.00 (one thousand dollars) for a second and subsequent offenses. Each instance of breeding, owning, harboring, sale, barter, transfer, exchange, or import of a wild or exotic animal in violation of this section shall constitute a separate offense.

(d) Grandfather Clause: Any person who owns, possesses, keeps or harbors exotic or wild animal(s) on or before the effective date of this chapter shall be permitted to continue ownership or possession as long as they meet all the requirements set in this chapter, however, these animals may not be bred and once they die, they may not be replaced.

3.03.130 Interference

No person shall interfere, hinder, or molest any agent of the Animal Control Office in the performance of any duty as herein provided.

Any person violating this section shall be deemed guilty of a civil fine of not more than one thousand dollars $1,000.00 and may be liable for a criminal offense.

3.03.140 Inter-Agency Cooperation

The Animal Control Officer is hereby authorized to coordinate and cooperate with other tribal divisions or programs, including but not limited to the Environment Division, the Saint Regis Mohawk Tribal Police, and other area agencies including, but not limited to the Mohawk Council of Akwesasne Environment Division; the Mohawk Council of Akwesasne Compliance Department, the New York State Department of Environmental Conservation, and any other agency as may be necessary and appropriate.

3.03.150 Appeals

Every matter herein shall have no right to appeal to the Court of Appeals except for matters related to personal injury and medical expenses as outlined in Section 3.03.050(c).

3.03.160 Severability & Procedure

If any part of this chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. If any procedure is not outlined herein the Tribe's Rules of Civil Procedure shall govern.

3.03.170 Amendment

This chapter may be amended from time to time by the Saint Regis Mohawk Tribal Council.

3.03.180 Effective Date

This chapter shall become effective upon its adoption by the Saint Regis Mohawk Tribal Council.