Tulalip Tribes and Snohomish County Cooperate On Law Enforcement

On November 21, 2001, the Tulalip Tribes were granted criminal jurisdiction (retrocession) by the United States Government.   Prior to this date, Washington State had accepted this jurisdiction and exercised it, primarily through the County Sheriff and Prosecuting Attorney. With the retrocession, state criminal jurisdiction on the reservation shifted to being split between the federal government, the Tribes, and the state and county.

Starting in early 2001, the county and the Tribes entered into discussions regarding criminal jurisdiction on a post-retrocession reservation. Ultimately, the "Cooperative Law Enforcement Agreement between the Tulalip Tribes of Washington and Snohomish County" was finalized and approved by both the Tulalip Tribal and Snohomish County Councils.

"Snohomish County and the Tulalip Tribes have a history of being able to work together on crucial issues," said Councilmember Dave Gossett. "The agreement allowed the cross-commissioning of each entity's police force and addressed issues including operational protocols, juvenile offenses, prosecution, detention, traffic enforcement, and domestic violence."

The contract period was five years, with an automatic renewal for another five unless either party objected. In 2006, it was allowed to automatically renew. Due to changes in state law a new agreement was necessary in 2011.

The Council approved the new agreement on August 31^st.

"The new agreement includes changes regarding the cross-commissioning of Tulalip officers as deputy sheriffs and traffic enforcement," said Gossett. "Language addressing both of these subjects was eliminated because the State Legislature clarified that tribal police officers are to be recognized and authorized to act as Washington State peace officers."

If the tribal officers meet the Criminal Justice Training Center standards and the tribal police force has a cooperative agreement with the Sheriff's Office, they may enforce tribal and state laws on both tribal and non-tribal members. The Tulalip police chief will continue to commission Sheriff's Office personnel to enforce laws on tribal members.

Major Features of the Agreement:

• The commissioning of all Deputy Sheriffs identified in a commissioned personnel list provided by the Sheriff annually to the Tulalip Chief of Police.
• The suspension and revocation of commissions at the discretion of the Tulalip Chief of Police.
• Approved Deputy Sheriffs may exercise all powers of a Tulalip Police Officer and authorized Tribal Officers may exercise the powers of Deputy Sheriffs within the boundaries of the reservation.
• Approved Deputy Sheriff's exercising authority under a Tribal Commission shall make all referrals for prosecution under tribal laws to the Tribal prosecutor.
• Deputy Sheriffs remain under the control of the Sheriff; all Tulalip Police Officers shall remain under the control of the Tulalip Chief of Police and shall abide by the rules and regulation of the Chief of Police.
• The state and county retain jurisdiction over Native American juveniles, with the exception of very serious crimes when such offense occurs on trust or restricted fee lands within the reservation.
• Arrested Tribal members will be held at the adult facilities operated by Snohomish County Corrections or the Denney Juvenile Justice Center.
• A protection order issued by either a state or tribal court shall honored by the courts of both jurisdictions.
• Any controversy, dispute or claim of whatever nature shall be resolved by final and binding arbitration.
• As with the previous agreement, it will be renewed successively for five years at the end of each term or renewal, unless either party has withdrawn or notifies the other of the desire to terminate at the regular termination date.

"I look forward to continuing to work with the Tulalip Tribes in the future," said Gossett. "We have a strong relationship that works for the benefit of all our citizens."