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COOPERATIVE AGREEMENT FOR MUTUAL ASSISTANCE IN LAW

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COOPERATIVE AGREEMENT FOR MUTUAL ASSISTANCE IN LAW Powered By Docstoc
					              COOPERATIVE AGREEMENT FOR MUTUAL ASSISTANCE
                           IN LAW ENFORCEMENT


This Agreement is made and entered into by and between those Utah
public agencies listed hereafter as signatories to this
Agreement, the United States Bureau of Indian Affairs, Uintah and
Ouray Agency, and the Ute Indian Tribe of the Uintah and Ouray
Reservation.

WITNESSETH:

WHEREAS, under the Utah Inter-local Cooperation Act, Chapter 13
of Title 11, Utah Code Annotated (1953, as amended), the state
agencies and subdivisions which are signatories to this Agreement
are public agencies duly authorized to enter into agreements with
and among each other and with Indian Tribes and federal agencies
for the purpose of undertaking joint and cooperative action to
provide and further law enforcement services and police
protection; and

WHEREAS, the Bureau of Indian Affairs is also a public agency as
defined in the Utah Inter-local Cooperation Act and is authorized
pursuant to 25 U.S.C. Sections 2803(8) and 2804(a) to assist and
enter into agreements with other agencies for the cooperative
provision of law enforcement services in Indian country and in
nearby areas; and

WHEREAS, the Ute Indian Tribe of the Uintah and Ouray Reservation
is a federally recognized Indian Tribe, and possesses authority
pursuant Article VI of its Constitution to provide for the
maintenance of law and order within said Reservation, which
responsibility (other than the enforcement of Tribal wildlife
laws) has been delegated to the Bureau of Indian Affairs pursuant
to Tribal Resolution 85-193; and

WHEREAS, recent decisions of the United States Supreme Court and
United States Court of Appeals for the Tenth Circuit have defined
the present extent of the Uintah and Ouray Reservation and have
resulted in a checkerboard pattern of Reservation and non-
Reservation land, making practical law enforcement difficult
without the kind of a cooperative undertaking provided for
herein; and

WHEREAS, both Tribal members and non-Tribal residents of the area
covered by this Agreement will be better served by a system of
law enforcement, which ensures that violations of the law are
consistently and appropriately handled, with the objective that
law enforcement be prompt, fair and efficient and that life,
liberty and property be protected, both on the Uintah and Ouray
Indian Reservation and in the rest of the Uintah Basin area; and
WHEREAS, the signatory parties find that the protection of
health, safety and welfare of the public and the interest of
prompt and efficient law enforcement makes desirable and
beneficial the establishment of a cooperative agreement pursuant
to which violations of the law are dealt with regardless of where
they occur and cooperation and mutual assistance characterize the
relationship between participating law enforcement agencies; and

WHEREAS, the governing body of each of the signatory parties has,
where appropriate, by resolution agreed to adopt this Agreement;
and

WHEREAS, the parties to this Agreement note that the                Formatted: Highlight
applicability of Federal, State, or tribal laws in Indian
country may depend on whether the suspect or the victim is a
Tribal member and that Utah statutes and local ordinances are
not applicable to Tribal members in Indian country; and

WHEREAS, the parties agree that nothing in this Agreement
makes any law applicable to a certain person or certain
conduct where it would not otherwise be applicable; and

WHEREAS, the parties to this Agreement recognize that when
State law enforcement officers arrest a criminal suspect, the
officers may not know whether or not the suspect or the victim
is a Tribal member, or whether or not the arrest or the
suspected crime has occurred in Indian country, as defined by
18 U.S.C. §1151, and applicable case law; and

WHEREAS, the parties acknowledge that there is great                Formatted: Highlight
difficulty in determining immediately the proper jurisdiction
for the filing of charges;

NOW, THEREFORE, the purpose and intent of this Agreement is to
provide a framework for cooperatively engaging in law enforcement
in those areas within the original confines of the Reservation
which have been held to no longer be part of the Reservation. For
the purposes aforesaid, it is hereby covenanted and agreed
between and among the parties signatory to this Agreement as
follows:


1. Definitions

a. "Agency having actual jurisdiction" shall mean that law          Formatted: Highlight
enforcement agency which is authorized under Federal, State or
case law to exercise law enforcement activity: 1) in a particular
location; 2) over a particular person; and 3) over a particular
offense.

b. "Non-tribal lands" or "Non-Reservation lands" shall mean those
lands within the original boundaries of the Uintah and Ouray

                                2	
Reservation over which the Ute Indian Tribe does not possess        Formatted: Highlight
civil or criminal jurisdiction, as set forth in Ute Indian Tribe
v. Utah, 114 F.3d 1513 (10th Cir. 1997).

c. "State" shall mean the State of Utah.

d. "State law" shall mean the Utah Code Annotated (1953, as
amended) and any ordinance or code enacted by a political
subdivision of the State that is a signatory to this Agreement.

e. "Tribe" shall mean the Ute Indian Tribe of the Uintah and
Ouray Reservation.

f. "Tribal lands" or "Reservation lands" shall mean those lands
within the original boundaries of the Uintah and Ouray
Reservation over which the Tribe possesses civil and criminal
jurisdiction, as set forth in Ute Indian Tribe v. Utah, 114 F.3d    Formatted: Highlight
1513 (10th Cir. 1997), provided, that such term(s) shall not mean
lands withdrawn for the Strawberry Reclamation Project or lands
known as the "Gilsonite Strip."

g. "Tribal member" shall mean a person who is an enrolled member
of the Ute Indian Tribe or any other Federally Recognized Indian
Tribe at the time he or she is arrested or formal charges are
filed, whichever occurs earlier. All determinations of tribal
membership shall be made by the Tribe and shall be final and
conclusive for purposes of implementing this Agreement.


2. Training and Qualifications

It is understood and agreed that notwithstanding any provisions
of this Agreement, each party shall be completely and solely
responsible for the qualifications, training, ability and fitness
for duty of its own law enforcement officers

Each of the signatory parties agrees to make training
opportunities which it conducts available to law enforcement
officers of the other signatory parties. All training shall be at
the expense of the party employing such law enforcement officers.

In addition to the training provided for herein, the State agrees
to provide for its law enforcement officers (and make available
to officers employed by its political subdivisions in the area)
on a regular basis training which includes information on proper
protocol to be used in dealing with members of the Tribe,
limitations on each officer's jurisdictional authority, and an
appreciation and understanding of matters of cultural importance.
The BIA and the Tribe will provide similar training to their
respective officers.



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3. Liability

Nothing in this Agreement shall be construed to mean that any of
the parties hereto have, by executing this Agreement, waived any
immunities or subjected themselves to any liabilities to which
they would not be otherwise subjected by law. In addition, the
provisions of Section 11-13-222 Utah Code Ann., shall, if
otherwise applicable, apply to the law enforcement officers
affected by this agreement. No party to this agreement shall be
held liable for any loss or damage by reason of its failure to
effectively respond to any law enforcement problem in the
territory or jurisdiction of any other party. This Agreement
shall not be construed as, or deemed to be, an agreement for the
benefit of any third party or parties, and no third party or
parties shall have any right of action hereunder for any cause
whatsoever.

The parties further agree as follows:

a. When providing mutual assistance or acting pursuant to the       Formatted: Highlight
terms of this Agreement, the law enforcement officers responding
shall not be considered for any purpose to be employees of the
agency having actual jurisdiction , unless such officers are in
fact employed by the agency having actual jurisdiction. All
employment rights and wage compensation for work performed as
officers pursuant to this Agreement shall be the responsibility
of the public agency that employs the law enforcement officers.
All law enforcement officers retain all pension and disability
rights, salaries, workmens compensation protection and all rights
of regular employment while acting pursuant to the terms of this
Agreement.

b. No employment right, property interest, liberty interest,        Formatted: Highlight
civil right or personal entitlement of any kind shall be created
by the extending of, or acceptance of, law enforcement assistance
when acting pursuant to the terms of this Agreement. No law
enforcement officer peace officer of any party shall have a cause
of action against any other party, its officers or employees.,      Comment [MD1]: no	cause	of	action	for	
for failure to deliver or for arbitrary revocation of a cross-      what???	
deputization. Each party agrees to indemnify and hold harmless      Formatted: Font: Courier New, 11 pt,
every other party from all such claims by its own law enforcement   Highlight
officer employees.                                                  Formatted: Highlight


c. Under no circumstances shall any party be held liable for the
acts of law enforcement officers of another party performed under
the color of this Agreement. Rather, the employer of the
assisting officer shall remain liable for any civil liabilities
resulting from acts or conduct of such officer, and such
assisting officer shall be deemed to be performing regular duties
for his permanent employer while performing services pursuant to
this Agreement.


                                4	
d. Each party agrees to indemnify and save harmless the other
parties to this Agreement from all claims and liabilities
whatsoever which may arise out of the negligence or misconduct of
any law enforcement officer of that party, while such law
enforcement officer is rendering services or acting pursuant to
this Agreement. Each party also agrees to bear all costs for its
own defense of any litigation arising out of any incident during
which an assistance of another party is used.

e. All the immunities from liabilities, exemption from laws,        Formatted: Highlight
ordinances and policies and procedures that law enforcement
officers employed by the various Parties hereto have in their own
jurisdictions, shall be effective in the jurisdiction in which
they are acting pursuant to the terms of this Agreement, to the
extent allowed by law.

f. Each party to this Agreement agrees that it and its contracted
insurance carrier, if any, shall be liable for all legally
determined damages caused by its own law enforcement officers.
Each party agrees to obtain sufficient insurance coverage, or to
adequately self-insure, to meet its responsibility hereunder.
Such insurance shall include workmens compensation, vehicular
comprehensive and collision, bodily injury, property damage,
liability insurance, false arrest, and general liability
insurance.

4. Commencement, Duration and Termination of Agreement

This Agreement shall become effective from and after such time as
it has been executed by the official representatives of each
party, pursuant to resolution of the governing body of such
party, where such is required, and upon approval by the
authorized attorney of each party, and final approval by the
Attorney General of the State of Utah.

This Agreement shall continue in full force and effect, unless      Formatted: Highlight
terminated by any party to the Agreement.

Any party to this Agreement may cancel or terminate the
Agreement, or withdraw therefrom, upon sixty (60) days written
notice to the other parties.

Additional public agencies may become parties to this Agreement
upon acceptance and execution of this Agreement as set forth
above, and upon approval of the governing bodies of the public
agencies already parties to this Agreement.


5. Joint Law Enforcement Commission                                 Formatted: Highlight

Pursuant to Section 11-13-207(1) Utah Code Ann., and in
furtherance of these objectives, it is agreed that the chief law

                                5	
enforcement officers of each of the parties hereto shall meet        Formatted: Highlight
together not less than quarterly with the Joint Law Enforcement
Commission and may establish procedures and operational plans for
the rendering of mutual law enforcement assistance under this
Agreement.

The parties to this Agreement shall establish a Joint Law
Enforcement Commission (“Commission”). The Commission shall be
composed of six members (“Commissioners”). Three Commissioners
shall be appointed by the Ute Indian Tribal Business Committee,
with one Commissioner being appointed by agreement of the two
Business Committee members from each Band (Uintah, Uncompahgre and
Whiteriver). Each of the two counties that are signatory parties
to this Agreement shall have the independent right to appoint one    Formatted: Highlight
Commissioner. The third Commissioner representing the State,
County and Municipalities that are Signatory Parties to this
Agreement shall be appointed by mutual consent of such State,
County and Municipalities parties.

At the quarterly meeting, the Commission shall review the status
and effectiveness of this Agreement, as well as the performance
of law enforcement under the Agreement. The Commission shall
make recommendations to the signatory Parties as to how the
Agreement might be improved based upon this review, and the
signatory Parties shall be encouraged to take appropriate action
to implement the recommendations.


5. Actions Pursuant to This Agreement

It is contemplated that the parties hereto shall act
cooperatively in carrying out this Agreement. However, the
cooperative nature of the undertaking shall not give State
officers the right to patrol Reservation land off State highways,
County roads and areas of non-Indian owned fee lands, nor shall
it give Bureau of Indian Affairs or Tribal officers the right to
patrol non-Reservation lands.

Follow-up investigation and prosecution of criminal conduct shall
be turned over to that agency having actual jurisdiction to deal
with the persons involved.


It is further agreed that, when rendering such assistance
pursuant to this Agreement, the following guidelines shall be
utilized, unless or until otherwise agreed by the Commission:

a. Each of the parties to this Agreement authorizes its chief law
enforcement officer, his designee, or officer commanding in his
absence, to render and request mutual police aid to and from the
other parties to this Agreement to the extent of available
personnel and equipment. The judgment of such chief law

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enforcement officer, his designee or officer commanding in his
absence, of each party rendering aid, as to the amount of
personnel and equipment available shall be final.

b. Law enforcement officers of each party may act in the            Formatted: Highlight
jurisdiction of the other parties only: (1) upon formal request;    Formatted: Line spacing: single, No
(2) where they have pursued a fleeing suspect in a "hot pursuit"    widow/orphan control, Don't adjust space
situation; (3) upon any occasion of crime being committed in the    between Latin and Asian text, Don't adjust
                                                                    space between Asian text and numbers
presence of that officer; or (4) in executing a properly
domesticated warrant issued by the jurisdiction of the law
enforcement officer in the jurisdiction of another party to this
Agreement, but only upon the specific request and with the          Formatted: Font: (Default) Courier New, 11
consent and accompaniment of a law enforcement officer of the       pt, Highlight
jurisdiction where the warrant is being served, and pursuant to     Formatted: Highlight
the applicable law and process of that jurisdiction.                Formatted: Font: (Default) Courier New, 11
                                                                    pt, Highlight
c. The authority of this Section extends to all law enforcement     Formatted: Font: (Default) Courier New, 11 pt
officers who observe the commission of a felony, misdemeanor, or
                                                                    Formatted: Line spacing: single
traffic code violation within their respective jurisdictions, and
during the pursuit of the offender, crosses into the jurisdiction   Formatted: Highlight
of a party to this Agreement. The pursuing officer shall make
all reasonable efforts to contact law enforcement officials in
the jurisdiction where the pursuit has entered as soon as
practicable.


d. Any person arrested by an officer acting pursuant to the         Formatted: Highlight
terms of this Agreement shall immediately be brought to the
attention of a responsible official of the apparent prosecuting
jurisdiction. In order to ascertain the proper prosecuting
jurisdiction, the officer shall attempt to determine, where
practicable, whether the arrestee is a Tribal member or not.
The official determination of proper jurisdiction, however,
will be made by the prosecutors with actual jurisdiction and        Formatted: Font: (Default) Courier New, 11
not by law enforcement.                                             pt, Highlight
                                                                    Formatted: Highlight

e.In the event a Tribal member who is in custody requires           Formatted: Highlight
medical treatment, the law enforcement agency with custody may
transport the Tribal member who is in custody to the nearest
Indian Health Service or other health care facility. Tribal
or BIA law enforcement officers shall be notified so that
necessary protective services may be provided while the Tribal
member is at such health facility.

f. Follow-up criminal investigations shall be conducted by the      Formatted: Highlight
agency having actual jurisdiction (unless otherwise agreed). Any
law enforcement officer acting pursuant to the terms of this
Agreement shall turn over information to the agency having actual
jurisdiction on any criminal activity, and shall fully cooperate
with the agency having actual jurisdiction to assist with the


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follow-up investigation as requested by such agency and             Formatted: Highlight
authorized by his or her supervisor.



g. After any person has been arrested by a law enforcement
officer acting pursuant to this Agreement and has been
transported to a holding facility as set forth herein, he shall
thereafter be processed and dealt with pursuant to direction of
the agency having actual jurisdiction over such arrested person
(or responsibility to prosecute pursuant to a Diversion Agreement
among the parties). Except for diverted offenses, all persons
arrested shall be referred to that court having jurisdiction over
such apprehended person.

h. Any law enforcement officer who acts pursuant to the terms of    Formatted: Highlight
this Agreement shall be responsible for complying with the
policies and procedures of his home jurisdiction, regardless of
the jurisdiction in which he is performing such law enforcement
duties.

i. Any warrant issued by a party to this agreement seeking          Formatted: Highlight
search, seizure or arrest authority for persons or property         Formatted: No widow/orphan control, Don't
located in the jurisdiction of another party to this agreement      adjust space between Latin and Asian text,
must be domesticated pursuant to the applicable law and process     Don't adjust space between Asian text and
                                                                    numbers
of the party with actual jurisdiction. All searches, seizures
and arrests of persons or property shall be served or executed
byinclude law enforcement officials from the jurisdiction in
which the search, seizure and/or arrest is conducted, except
under the four limited exceptions as provided in this section
where officers of each Party may act in the jurisdiction of the
other Parties. With the limited exceptions as provided in this
section, law enforcement officers acting pursuant to this
Agreement shall participate in serving or executing a warrant
seeking the search, seizure or arrest of persons or property
located in the jurisdiction of another party only upon the
specific request and consent of a law enforcement officer of the
jurisdiction where the warrant is being served. In all such
cases, the accompanying law enforcement officer shall defer to
law enforcement officials of the jurisdiction in which the
search, seizure or arrest occurs, and shall comply with all
applicable laws of that jurisdiction during the service or
execution of the warrant.


5. Law Enforcement Officer Credentials Required

It is understood and agreed that, except in extreme emergencies
or when life is in immediate danger, or as otherwise authorized
by his commanding law enforcement officer, all officers acting
pursuant to the terms of this Agreement shall only act when in
possession of proper law enforcement officer credentials.

                                8	
6. Costs

It is intended that the parties hereto shall bear their own costs
arising from this Agreement.


7. Consistent with Federal and State Law, Provisions Severable,
and Disputes

Provisions of this Agreement shall be interpreted, where
possible, to be consistent with applicable federal, state and
tribal laws.

If particular provisions of this Agreement shall be found
inconsistent with federal, state or tribal laws, rules or
regulations, such provisions shall be deemed to be severable, and
the balance of the Agreement shall remain in force, unless
terminated pursuant to the provisions of this Agreement.

Original jurisdiction to hear and decide any disputes or
litigation arising pursuant to or as a result of this Agreement
shall be in the United States District Court for the District of
Utah.


8. No Waiver of Sovereignty or Jurisdiction Intended

It is understood and agreed that the purpose of this Agreement is
to facilitate and promote predictable and efficient law
enforcement within the jurisdictions of the parties signatory to
this Agreement. It is further understood that no acquiescence in
or waiver of claims of rights, sovereignty, authority,
boundaries, jurisdiction, or other beneficial interests is
intended by this Agreement; no rights or jurisdiction shall be
gained or lost at the expense of the other parties to this
Agreement; and actions taken in furtherance of this Agreement
shall not be interpreted as having that intention or effect.


9. Prior Agreements Superseded

This Agreement supersedes, rescinds and repeals any and all prior
agreements and resolutions on the subject of mutual law
enforcement between, among or that involve the parties hereto. To
the extent that any resolution or agreement of any of the parties
conflicts with this Agreement, or any portion hereof, this
Agreement shall control.


10. Individual Rights Not Affected                                  Formatted: Highlight


                                 9	
Nothing in this Agreement shall be construed to mean that any of
the parties hereto has, by executing this Agreement, waived any
immunities or subjected themselves to any liabilities for which
they would not otherwise be subjected by law. No party to this      Formatted: Highlight
Agreement, nor its officers, agents or employees, shall be held
liable for any loss or damage by reason of failure to perform
duties pursuant to this Agreement. This Agreement shall not be
construed as, or deemed to be, an agreement for the benefit of
any private person or third party, and no private person or third
party shall have any right of action hereunder for any cause
whatsoever.


11. Savings Provisions.                                             Formatted: Highlight

Nothing in this agreement shall be construed to modify or affect:
1) any treaty or other rights of the Ute Indian Tribe and its
members; 2) the rights and responsibilities of the United States
to the Ute Indian Tribe or its members under Federal law; 3) the
rights and responsibilities of the Ute Indian Tribe over the
Reservation and its members, through the Business Committee,
under Federal and Tribal law; and 4) the jurisdiction of the
United States, concurrent with the Ute Indian Tribe, over the
Reservation, over members of the Tribe, and over any lands held
in trust for the Tribe by the United States.


     IN WITNESS WHEREOF, this Cooperative Agreement for Mutual
Assistance in Law Enforcement is duly made and executed by and in
behalf of the Ute Indian Tribe of the Uintah and Ouray
Reservation; United States Bureau of Indian Affairs; State of
Utah; Duchesne County, Utah; and Uintah County, Utah (which
acknowledgments are affixed on the following pages attached
hereto) by authority of an appropriate resolution by the
governing body of each such party, where required.




                               10	
                 APPROVAL BY THE UTE INDIAN TRIBE
                OF THE UINTAH AND OURAY RESERVATION


Ute Indian Tribe


By:   ______________________________         Date: _______________
      Chairman / Vice Chairman, Uintah
      and Ouray Tribal Business Committee



Approved:


      _____________________________         Date: _______________
      Attorney




                                11	
                   APPROVAL BY THE UNITED STATES
                      BUREAU OF INDIAN AFFAIRS


Bureau of Indian Affairs


By:   ______________________________        Date: _______________
      Superintendent, Uintah and Ouray
      Agency




                                12	
                 APPROVAL BY DUCHESNE COUNTY, UTAH


County of Duchesne, Utah


By:   ______________________________        Date: _______________
      Chairman
      Board of County Commissioners



ATTEST:


      ______________________________        Date: _______________
      Duchesne County Clerk



APPROVED:


      ______________________________        Date: _______________
      Duchesne County Attorney


      ______________________________        Date: _______________
      Duchesne County Sheriff




                                13	
                  APPROVAL BY UINTAH COUNTY, UTAH


County of Uintah, Utah


By:   ______________________________        Date: _______________
      Chairman
      Board of County Commissioners



ATTEST:


      ______________________________        Date: _______________
      Uintah County Clerk



APPROVED:


      ______________________________        Date: _______________
      Uintah County Attorney


      ______________________________        Date: _______________
      Uintah County Sheriff




                                14	
                APPROVAL BY CITY OF ROOSEVELT, UTAH




By:   ______________________________        Date: _______________
      Mayor
      Roosevelt City Council




APPROVED:


      ______________________________        Date: _______________
      Roosevelt City Attorney




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            APPROVAL BY ATTORNEY GENERAL, STATE OF UTAH


The forgoing COOPERATIVE AGREEMENT FOR MUTUAL ASSISTANCE IN LAW
ENFORCEMENT is approved this _____ day of ____________, _____.


      MARK SHURTLEFF
      Attorney General,
      State of Utah



By:   ______________________________        Date: _______________




                                16	
                     APPROVAL BY STATE OF UTAH


State of Utah


By:   ______________________________        Date: _______________
      Governor




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