‘PUBLIC SAFETY DOES NOT SEE BORDERS’

Bipartisan approval received to remove the statutory requirement for tribal police to have a cooperative agreement with Mille Lacs County

By VIVIAN LaMOORE, INAAJIMOWIN EDITOR

A bill which will improve public safety for everyone in Mille Lacs County — Mille Lacs Band members and non-Band members alike — has passed both the House and Senate and has been signed by the Governor as part of a larger public safety bill. The bill removes from Minnesota Statutes the requirement for the Mille Lacs Band to hold a law enforcement agreement with the Mille Lacs County Sheriff’s office and allows for the Band to exercise concurrent law enforcement jurisdictional authority within the boundaries of the 1855 Treaty.

This amendment to the statute also extends the same authority to other Minnesota tribal police departments and the counties in which they are located as well as the Mille Lacs Band.

Currently, in accordance to Minnesota Statute 626.90, the Band’s police department must enter into a cooperative agreement with the Mille Lacs County Sheriff. This billed removed that legal requirement and expands the law enforcement authority of the Band’s police department under state law to all persons on all lands within the 1855 Reservation.

This change will ensure that the tribal police officers are always allowed to enforce the criminal law on on all lands within the Reservation. This law only applies to criminal activities and does not include civil jurisdiction.

“This is a win-win for everyone in Mille Lacs County,” Mille Lacs Band Solicitor General Caleb Dogeagle said. “This is a good opportunity to keep our communities safe for everyone. Public safety does not see borders.”

Although it will not be a requirement for the Band to have a joint powers agreement with Mille Lacs County, the Band would likely pursue an agreement with Mille Lacs County, according to Dogeagle. “We do have a temporary agreement in place currently,” he said. “We would like to pursue an agreement with Aitkin County, and we have a pretty good relationship with Pine County. We think there are good reasons to collaborate in keeping our communities safe for everybody, non-Indians and Band members.”

The Mille Lacs Band Tribal Police Department currently has a better working relationship with the County Sheriff’s Office than they did five years ago, according to TPD Chief of Police James West. “The boots-on-the-ground day-to-day activities will not change. It is more of a reassurance that the law enforcement authority cannot be taken away. We will consistently have the ability to enforce state laws and federal laws within the boundaries of the Treaty of 1855 Reservation for Band members and state jurisdiction for non-Band members. We do have a good rapport with the current sheriff’s administration, and it continues to strengthen.”

Chief West testified before both the house and senate public safety committees. The Minnesota Chief of Police Association sent a letter of support of the bill and the Minnesota Sheriffs' Association did not testify in opposition as they have in the past.

The Band will still have the same requirements, such as tort liability, limited waiver of sovereign immunity, employ POST licensed peace officers, and more, and will abide by the requirements of the new law. The Office of the Solicitor General is currently drafting a resolution to go before Band Assembly to reflect the requirements.

This amendment recognizes and respects the sovereignty of the Mille Lacs Band and their inherent authority to provide public safety within the Reservation. “It also takes away one of the tools the county used to interfere with the Tribal Police Department’s inherent and federally delegated law enforcement authority. That is one of the pieces that led to the dispute and ultimately the lawsuit. This removes the ability for future Mille Lacs County Officials to do that again,” Dogeagle said.

The law will go into effect on August 1, 2023.

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This bill is amending Minnesota Statutes 2022, sections 626.90, subdivision 2; 626.91, subdivisions 2, 4; 626.92, subdivisions 2, 3; 626.93, subdivisions 3, 4; repealing Minnesota Statutes 2022, section 626.93, subdivision 7.

In 2019, an exception to the law was added in Statute 626.93 for the Prairie Island Community.

Subd. 7.Exception; Prairie Island Indian Community. Notwithstanding any contrary provision in subdivision 3 or 4, the Prairie Island Indian Community of the Mdewakanton Dakota tribe has concurrent jurisdictional authority under this section with the local county sheriff within the geographical boundaries of the community's reservation to enforce state criminal law if the requirements of subdivision 2 are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered into.