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Cooperative Agreements

Title: Agreement between the New Mexico State Police and the Jicarilla Apache Tribe
Parties: Jicarilla Apache Tribe and New Mexico State Police
Date enacted/published: July 24, 1979

Description:

The Jicarilla Apache Tribe and the New Mexico State Police entered into this peace officers agreement, in pursuant of N.M.S.A. 1978, Section 29-1-11, which authorizes New Mexico State Police to issue peace officer commissions to New Mexico Indian tribe or pueblo law enforcement officers. Key provisions of the agreement include:

  • Applicants must comply with New Mexico prerequisites for permanent appointment as a police officer, including training, as set forth in N.M.S.A. 1978, Section 29-78A. In addition, applicants must complete the New Mexico State Police course.
  • The Jicarilla Apache Tribe must provide proof of liability insurance.
  • Chief of the New Mexico State Police has the sole discretion to issue and suspend any commission. Agreement includes list of procedures and possible reasons for suspension.
  • The agreement does not confer any additional authority on a tribal court, but it also does not affect the Jicarilla Apache Tribe’s inherent sovereignty.
  • Commissioned Jicarilla Apache officers’ authority extends only so far as the Jicarilla Apache territorial boundary or if officers are in hot pursuit.
  • Commissioned officers have all powers to enforce state Motor Vehicle Code and Criminal Code, including the power to make arrests.
  • All traffic citations will be New Mexico Uniform Traffic Citations issued to a New Mexico Magistrate Court, except citations to Indians on the reservation, which shall be issued to tribal court.
  • Any arrested person will immediately be taken to nearest New Mexico magistrate.
  • Jicarilla Apache commissioned peace officers are not employees of the state of New Mexico.
  • Procedures for termination of the agreement.


Title: Memorandum of Understanding Concerning Investigation and Prosecution of Violations of Certain State Laws on Santa Ana Pueblo Lands
Parties: Santa Ana Pueblo and the District Attorney for the Thirteenth Judicial District of New Mexico
Date enacted/published: March 3, 2000

Description:

The parties enter into this MOU to implement the Tribal-State Class III Gaming Compact entered into between the pueblo and New Mexico, in which the state is to have jurisdiction over violations of state gambling laws and other crimes occurring at the tribal gaming facility. Key provisions of the MOU include:

  • When Santa Ana becomes aware of a possible covered offense, it must notify the state law enforcement agency, district attorney, and attorney general of the state.
  • Santa Ana make take steps to ensure the safety of employees and patrons before state law enforcement arrives.
  • Once state law enforcement arrives, control and supervision will be turned over to it, and the matter will be deemed transferred to the district attorney.
  • Procedures for notice and investigation by the state law enforcement agency.
  • The district attorney has up to ten days to determine if the matter is federal and thereby needs to be transferred to the attorney general. Otherwise, the district attorney has thirty days to determine whether to prosecute.
  • The district attorney will provide Santa Ana with a written report at each quarter concerning the status of each matter referred pursuant to the MOU.
  • Santa Ana will cooperate with all state and federal investigations and prosecutions of covered offenses.
  • Santa Ana agrees to pay the district attorney $175,000 a year for his or her services, and will negotiate if his or her costs exceed $200,000.
  • Upon the request of either party and at least annually, the parties will meet to review the implementation of the MOU.
  • Termination procedures.


Title: Memorandum of Understanding Concerning Investigation and Prosecution of Violations of the State of New Mexico Gaming Laws on Acoma Pueblo Lands by the District Attorney for the Thirteenth Judicial District
Parties: Pueblo of Acoma and the District Attorney for the Thirteenth Judicial District of the State of New Mexico
Date enacted/published: April 1, 1998

Description:

The parties enter into this MOU to implement the Tribal-State Class III Gaming Compact entered into between the pueblo and New Mexico, in which the state is to have jurisdiction over violations of state gambling laws and other crimes occurring at the tribal gaming facility. Key provisions of the MOU include:

  • The Pueblo Gaming Agency is the initial lead agency for investigations of suspected violations of state gaming laws on the pueblo lands.
  • When it appears that the district attorney may prosecute the alleged violation, the Pueblo Gaming Agency will notify the attorney general and the district attorney.
  • The Pueblo Gaming Agency will thereafter coordinate its investigative activities with the district attorney, including determining which investigative agency will be the lead agency and completing status reports to the Pueblo Gaming Agency, the district attorney, and where appropriate, the U.S. Attorney.
  • When it is determined that the state lacks jurisdiction to prosecute, the pueblo will notify the Southern Pueblos BIA Agency Law Enforcement, the FBI, and the U.S. Attorney.
  • The district attorney will designate a liaison with the pueblo for enforcement of state gaming laws. Agreement includes the liaison’s duties.
  • The district attorney will notify the pueblo of Acoma in no more than five days whether a suspected violation will be prosecuted or if it will be transferred to the attorney general.
  • The district attorney will provide Acoma with a written report at each quarter concerning the status of each matter referred pursuant to the MOU.
  • Acoma will cooperate with the district attorney in determining whether the district attorney should prosecute and whether a suspected violation should be referred to the United States.
  • Acoma agrees to pay the district attorney $175,000 a year for his or her services and will negotiate if his or her costs exceed $200,000.
    • When the district attorney enters into a MOU with another pueblo for the same purposes, the payment will be reduced to reflect Acoma’s pro rata share of the district attorney’s actual costs.
    • The district attorney will submit financial reports to Acoma.
  • Upon the request of either party, and at least annually, the parties will meet to review the implementation of the MOU.
  • Termination procedures.


Title: Memorandum of Understanding Regarding the Dissemination of Criminal History Record Information between the New Mexico State Gaming Representative and the Acoma Gaming Commission
Parties: Acoma Gaming Commission and New Mexico State Gaming Representative
Date enacted/published: December 4, 2002

Description:

Section 5 of the parties’ gaming compact requires that Acoma Pueblo conduct background investigations on management employees. The FBI has authorized New Mexico to receive secondary dissemination of this information. The Acoma and New Mexico Gaming Commissions therefore entered into this MOU to provide for the use of that criminal history which derives from fingerprint cards. Key provisions of the MOU include:

  • Acoma will fingerprint its applicants that require an operating license, maintain the criminal history records it receives pursuant to those fingerprints, and ensure its security and access to the state gaming representative.
  • Acoma may only use the criminal history for determining license suitability and in the investigation of potential crimes or regulatory violations.
  • The MOU does not affect Acoma’s responsibilities toward the National Indian Gaming Commission or its other responsibilities to the state gaming representative.
  • The MOU does not confer any additional liability on either party.
  • The process for submitting the fingerprint cards and receiving the criminal history information.
  • Acoma will fund the delivery of the fingerprint cards and the return delivery of the criminal history information. The state gaming representative will fund all other administrative costs.
For additional information contact:
New Mexico Gaming Control Board
State Gaming Representative
6400 Uptown Blvd., NE, Suite 100E
Albuquerque, NM 87110
Or
Licensing Administer
Acoma Gaming Commission
P.O. Box 454
Pueblo of Acoma, NM 87034
Title: Navajo Nation/McKinley County Cross-Commissioning Agreement
Parties: Navajo Nation and McKinley County
Date enacted/published: September 22, 1997

Description:

This agreement is entered into pursuant to 17 N.N.C. § 102 and 2 N.N.C § 1353, authorizing the Navajo Nation to enter into cooperative agreements, and N.M.S.A. 1978, Section 29-8-1 et seq. and N.M.S.A. 1978, Section 4-41-1 et seq., authorizing the McKinley County Sheriff to enter into mutual-aid agreements and to commission special deputy sheriffs. Key provisions of the agreement include:

  • If used for evidence, the entire agreement must be entered into evidence.
  • The agreement covers the territory coextensive with McKinley County, unless the officers are engaged in fresh pursuit.
  • Procedures for commissioning and suspending a cross-commissioned officer, including two required sixteen-hour training courses provided by the Navajo Nation and McKinley County.
  • Either the county sheriff or the executive director of the Navajo Division of Public Safety has the discretion to suspend or revoke any cross-commission.
  • All cross-commissioned officers have the power to enforce Navajo Nation and New Mexico criminal and traffic laws, including the power to make an arrest.
  • Arrest and custody procedures, including:
    • Indian arrestees will be taken to the Navajo Police District.
    • Non-Indian arrestees will be taken to the McKinley County Jail.
    • Notice requirements, including if an arrest is made for a federal felony, an FBI agent, NDPs, or BIA will be notified.
  • In the Navajo Nation, Indians may receive only Navajo Nation traffic citations, but non-Indians may receive either Navajo Nation citations or state citations.
  • Cross-commissioned officers shall remain under the ultimate supervision and liability of their original agency.
  • There shall be a committee to oversee the implementation of the agreement.
  • Nothing in the agreement is meant to waive the sovereign immunity of either the Navajo Nation or McKinley County.
For additional information contact:
Executive Director
Navajo Division of Public Safety
P.O. Box 3360
Window Rock, AZ 86515
Or
Sheriff
McKinley County Sheriff’s Office
2105 East Aztec
Gallup, NM 87301
Title: New Mexico State Police and Navajo Tribe Peace Officers Agreement
Parties: New Mexico State Police and Navajo Tribe
Date enacted/published: August 31, 1981

Description:

The Navajo Tribe and the New Mexico State Police entered into this peace officers agreement, in pursuant of N.M.S.A. 1978, Section 29-1-11, which authorizes New Mexico State Police to issue peace officer commissions to New Mexico Indian tribe or pueblo law enforcement officers. Key provisions of the agreement include:

  • Applicants must comply with New Mexico prerequisites for permanent appointment as a police officer, including training, as set forth in N.M.S.A. 1978, Section 29-78A. In addition, applicants must complete the New Mexico State Police course.
  • The Navajo Tribe must provide proof of liability insurance.
  • Chief of the New Mexico State Police has the sole discretion to issue and suspend any commission. Agreement includes list of procedures and possible reasons for suspension.
  • The agreement does not confer any additional authority on a tribal court, but it also does not affect the Navajo Tribe’s inherent sovereignty.
  • Commissioned Navajo officers’ authority extends only so far as the Navajo territorial boundary and the enclosed area set in N.M.S.A. 1978, Section 29-1-11C(8), or if officers are in hot pursuit.
  • Commissioned officers have all powers to enforce state laws, including the power to make arrests.
  • All traffic citations will be New Mexico Uniform Traffic Citations issued to a New Mexico Magistrate Court, except citations to Indians on the reservation, which shall be issued to tribal court.
  • Any arrested person will immediately be taken to the nearest New Mexico magistrate.
  • Navajo commissioned peace officers are not employees of the state of New Mexico.
  • Parties to the agreement will meet at least quarterly.
  • Procedures for termination of the agreement.