BUREAU OF INDIAN AFFA/RS. r.l Operatioo. Ms. Kathy Jekel... OF_A_T_ Office of the Secretary of State 101 State Capitol Oklahoma City, OK 73105

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1 BUREAU OF NDAN AFFA/RS Unted States Department MUSKOGEE AREA O$_" C E of the nteror N REPLy REFER TO: MUSKOGEE, OK _ r.l Operatoo. Area Specal Offcer FLED SEP28 199_4 Ms. Kathy Jekel... OF_A_T_ Offce of the Secretary of State 101 State Captol Oklahoma Cty, OK Dear Ms. Jekel: Enclosed s the Cross-Deputzaton Agreement between Carter County, Oklahoma, an_ the Bureau of ndan Affars. Ths document has receved approval from all the approprate partes. The agreement and the letter of approval must now be fle_ wth your offce. We are furnshng a copy for your records, but request that the orgnal documen n ts entrety be returned to ths offce. Thank you for your cooperaton. Sncerely, SEP281994, '

2 O SUSAN B. LOVNG S_P t,_ f _:1,:,l J, ATTORNEY GENERAL OF OKLAHOMA September 13,1994 FLED SEP Unted States Dept. of the nteror 0r_,no,_.o_,,_r Bureau of ndan Affars OFSrATE Muskogee Area Offce 101 N. 5th Street Muskogee, Oklahoma Re: Cross-Deputlzaton Agreement Between Carter County, Oklahoma and Th_ Bureau of ndan Affars, CA _ Dear Sr\Madam: :-r LETTER OF APPROVAL The Attorney General has revewed the referenced Agreement and found t t9 comply wth the provsons of the nterlocal Cooperaton Act. Pursuant to the provsons of 74 0.S.1991, 1004(0, the referenced Agreement s hereby offcally APPROVE D as of the date of the sgnature manfested hereon. Please be advsed that, before the Agreement may go nto force, copes of the Agreement, and of ths Letter of Approval, must be fled wth the County Clerk and the Secretary of State. Sgned ths l_ day of September, Respectfully submtted, SUSAN B. LOVNG ATT_RNEY GENERAL OF OKLAHOMA j_n\km_ lol _OSEPZl/L. McCORMCK, V R.._STANT ATTORNEY GENERAL 2._00 N. AN ".N Bt,v., S 1"_:112. OKLAHOMACTY. OK 7: (405152]-3921, b'ax: 1405_

3 The ntent of ths Agreement s to provde for the cross_! make lawful arrests n ndan Country wthn the geographc area of FLED OSS-DPOCZ TZO SEP BETWEEN CARTER COUNTY, OKLAHOMA 0K_0_SEC_,'_'y AND THte BURF_U OF XNDXAN AFFARS 0FSTATE Ths Agreement s entered pursuant to the authorty of the ndan Law Enforcement Reform Act, 25 U.S.C. Secton 2801, et seg. and 74 0.S. Secton 1001, et seu. whch provde for cooperatv e agreements to promote better law enforcement servces, deputzaton of law enforcement offcers employed by the varou_ agences whch are partes to ths Agreement so that each agency'_ offcers wll be authorzed to provde law enforcement servces and Carter County. t s the expressed desre and ntent of al_ partes to ths Agreement to allow law enforcement offcers react mmedately to observed volatons of the law and othe: emergency stuatons wthout regard to whether they occur on or of: ndan lands. All the partes to ths Agreement recognze that when lal enforcement offcers arrest a crmnal suspect, the offcers may ] not know whether the suspect or the vctm s an ndan or whethe_ the arrest or the suspected crme has occurred n ndan Country as defned by 18 U.S.C. Secton 1151, and that therefore there s great dffculty n determnng the proper jursdcton for th_ flng of charges t s further recognzed that the offca jursdctonal determnaton wll be made by a prosecutor from one of the varous jursdctons, not by cross-deputzed arrestng

4 4 offcers who may delver the arrestee to the detenton facltes of the varous agences whch are partes to ths Agreement. The partes further expressly recognze the manfest ntent o k the ndan Law Enforcement Reform Act to elmnate th_ uncertantes whch prevously resulted n the reluctance o_ varous law enforcement agences to provde servces n ndan Country for fear of beng subjected to Tort and cvl rghts suts as a consequence of the good-fath errors of offcers makng arrests or quellng dsturbances n ndan Country. To elmnate such concerns, the Bureau of ndan Affars, to the maxmum exten5 possble under applcable law, commts that f a state, local o_ Trbal offcer holdng a BA Deputy Specal offcer (DSO] commsson makes a good-fath arrest of an ndan and delvers th e arrestee to a detenton faclty or to a prosecutor of the wron_ jursdcton through good-fath error, and s later sued n hs/he_ personal capacty n an acton soundng ether n tort or n cvl rghts volaton, predcated upon the plantff's nda_ descent, hs/her arrest n ndan Country, and hs/her delvery to l the wrong jursdcton, t wll be the polcy of the Bureau o_ J ndan Affars to provde such an offcer wth the same protecton_ that would have been made avalable to a BA law enforcemen_ offcer actng under lke crcumstances. Those protectons shal_ nclude those provded by the Federal Tort Clams Act, 28 U.S.C. Secton 2401, , as amended. -2-

5 e - The partes to ths Agreement, therefore agree as follows:. Duraton Ths Agreement shall be n effect for a perod of one year from and after ts approval. t shall contnue n effect from year to year, unless any party gves wrtten notce of ntent not tc renew at least thrty days pror to the expraton n any gver year, or unless sooner termnated by the thrty day termnator perod. Any party to ths.agreement may termnate ths Agreement by gvng thrty days wrltten notlce of termlnatlon to all othe_ partes settng out the effectve date of termnaton. 2. O "to No separate legal or admnstratve entty s to be createc hereby. The purpose of ths Agreement s to provde for effcent 3. Purpose _ effectve, and cooperatve law enforcement efforts n and aroun d ndan Country n Carter County, Oklahoma and ts terms should b_ nterpreted n that sprt Accordngly, all.partes to th_! Agreement shall cooperate wth each other to provlde comprehensv_ and thorough law enforcement protecton, ncludng but not lmtec to effectng arrests, respondng to calls for assstance form al_ ctzens and from other law enforcement offcers, performn? - [ nvestgatons and provdng other assstance such as dlspatchn? and detenton n Carter County, Oklahoma. -3- k E

6 4. Fnance Actvtes of each of the respectve partes wll be fnanced by each of the respectve partes except as expressly provded heren. 5. Ths Agreement may be termnated as provded n Paragraph, above. 6. a " The provsons of the Agreement shall be admnstered by board comprsed of the Superntendent, Chckasaw Agency, BA, Ada,! Oklahoma and the Sherff, Carter County, Oklahoma. 7. ProDert_ No real or personal property s to be acqured or held under ths Agreement. When personal property s loaned from one party tc another t shall be returned as soon as possble upon request of the owner-party. 8. commssons A. Each agency whch s a party to ths Agreement may, n ts dscreton, ssue specal law enforcement commssons to la% enforcement offcers of other agences whch are partes to the Agreement upon the applcaton for such by an agency party. Suc_ commssons shall grant the offcers the same law enforcemen_ authorty as that of offcers of the commssonng agency unles_ specfcally lmted by the terms of the commsson. When ar agency ssues such a commsson, t shall provde notce of thal commsson, ncludng the name of the offcer recevng th_ --4--

7 commsson, to each of the other agences who are partes to th_ l Agreement. B. A commsson shall not be granted unless an offcer ha_ compled wth all the prerequstes for appontment as a polc_ offcer as set forth n 70 O.S. Secton 3311, or 68 BA Manual Secton 9.1, e_ seu., and wth the specfc requrements of thl commssonng agency. Those prerequstes must nclude thl followng: (1) Unted States ctzenshp; (2) A Hgh School Dploma or Equvalent; (3) No Convcton for a Felony or other Crme nvolvng Moral Turptude; (4) Documentaton of Annual Weapons Qualfcatons; (5) A Fndng that the Applcant s Free of Any Physcal, Emotonal, or Mental Condton Whch Mght Adversely effect Hs or Her Performance as a Polce offcer. C. f requested by the commssonng agency, the applcant'_! agency shall provde a Natonal Crme nformaton Center backgroun_ check on the applcant. D. The commssonng agency may, at any tme, suspend _r revoke an offcer's commsson for reasons solely wthn * dscreton. The commssonng agency shall notfy the offcerjs agency n wrtng of the suspenson or revocaton and the reasons therefore. Wthn ten (10) days after such notfcaton that --5--

8 agency shall cause the commsson card and any other evdence of the commsson to be returned to the commssonng agency. 9. Scone of Powers Granted A. offcers carryng DSO commssons ssued by the Bureau of ndan Affars pursuant to ths Agreement are gven the power t enforce () all federal crmnal law applcable to ndan Country, ncludng the Major Crmes Act, 18 U.S.C. Secton 1153, and th_ Code of ndan Trbal Offenses n 25 CFR Part 11, where applcable and () Chckasaw Naton Trbal laws, where the Chckasaw Nator has authorzed the Secretary of the nteror to enforce such laws and to make other arrests on ndan Land for crmnal offense_ where applcable. B. offcers carryng commssons ssued by a state agency, sherff's department, or a cty polce department are gven th_ authorty to enforce Oklahoma State crmnal laws, wher_ applcable. C. The partes to ths Agreement note that the applcablt_ of federal and Trbal laws n ndan Country may depend on whethe[ the suspect or vctm s ndan and that state laws have been hel_ generally to be napplcable to ndans n ndan Country; and th_ partes agree that nothng n ths Agreement makes any la_ applcable to a certan person or certan conduct where t woul_ not otherwse be applcable. Accordngly, the purpose of th_ Agreement s to provde cross-deputzed offcers wth the authort_ to enforce applcable law only.! -6-

9 D. Nothng n ths Agreement alters or conveys any judcal jursdcton, ncludng the authorty to ssue warrants for arrest or search and sezure or to ssue servce of process. Smlarly, nothng n ths Agreement s ntended to mpar, lmt, or affect the status of any agency or the soveregnty of any government. 0. DsPoston and Custody A. Any person arrested by an offcer commssoned pursuant t6 l ths Agreement shall be taken to a responsble offcal of th_ prosecutng jursdcton. n order to ascertan the prope_ prosecutng jursdcton, the offcer shall ask the arrestee, wher_ practcable, whether he or she s ndan or non-lndan and shall rely on that representaton. B. The prsoner shall be taken before a judge of th_ approprate Jursdcton for ntal appearance, bond settng, anc probable cause hearng wthn forty-eght hours from tme oj arrest. C. Whenever feasble and practcable all medcal and dental needs of prsoners shall be provded by an ndan Health Servc, (HS) or Trbal health care faclty. A lstng of thos, facltes appears below. Carter County shall promptly notfy th_ Trbal polce or BA Muskogee Area offce polce of such needs, t, afford the opportunty to arrange for the treatment and th transport to treatment or to otherwse advse the Carter Count Sherff on acton to be taken. n cases of extreme emergency wher_ t s not feasble or practcable to seek Trbal polce or B_! polce advce n advance, Carter County may obtan such care fo_! --7--

10 prsoners at local, federal or state facltes as emergency need_ dctate n such nstances, the care provder should be advsed t9 contact the nearest HS faclty for further nstructons and fo_ clams advce wfthn 72 hours of the frst furnshng of care o7 treatment. Carter County shall promptly notfy the Trbal or B A polce of actons taken when such emergency crcumstances occur. f for some reason HS refuses to pay for such emergency medcal care, the BA wll take approprate acton so that the burden o payment wll not fall upon Carter County. A lstng of ndan Health Servce and ndan Trbal Healt_ care facltes n eastern Oklahoma are as follows: Carl Albert ndan Hosptal Ada (405) Chckasaw Naton Health Clnc Ardmore (405) _ Chckasaw Naton Health Care Center Tshomngo (405) Claremore ndan Hosptal Claremore (918) _ Sam Hder Jay communty clnc Jay (918) _ PHS ndan Health Center Mam (918) ! Okemah ndan Health Center Okemah (918) Open 24 hours, 7 days per week * A Trbally operated faclty Salna Communty Clnc Salna (918) Sapulpa Health Center/ Creek Naton of Oklahoma Sapulpa (918) W.W. Hastngs ndan Hosptal Talequah (918) ! Eufaula Health Center/ Creek Naton of Oklahoma Eufaula (918) _ Cherokee Naton Health Clnc Sallsaw (918) _ Cherokee Naton Health Clnc Stlwell (918) : Choctaw naton Health Servces Authorty Talhna (918) # choctaw Naton Health Center Broken Bow (405) _ Hugo Health Center Hugo (405) _ McAlester Health Center McAlester (918) _ PHS ndan Health Center Wewoka (405) Lawton ndan Hosptal Lawton (405)

11 HS personnel shall be permtted to vst BA prsoners a9 frequently as necessary to ensure that medcal care ncludn_ t _ t msdlca 1on _s _e{ng provl_sd o he prsoner and ha all avallable! health servces, for whch the prsoner s elgble are beng utlzed.. Detenton. Travel and Expenses A. f ndan prsoners are detaned n the Carter Count s Jal, they shall be detaned n accordance wth Oklahoma laws,! rules, regulatons and jal standards applcable to jals n th_ State of Oklahoma. The Sherff, pursuant to Oklahoma law, shal_ contnue to exercse exclusve control of the operaton of loca_ jals. B. All travel and transportaton of prsoners necessary fo_ court appearances n Federal or CFR Courts and all necessary transportaton of prsoners for health care except local emergency health care, shall be performed by the Bureau of ndan Affars. Any necessary travel performed by Carter County personnel r court attendances may be rembursed to Carter County by the Burea_ of ndan Affars at the rate provded by the Oklahoma State Travel Rembursement Act (74 O.S st. seq.) upon the flng of ar approprate clam wth the Area Drector, BA Area Offce Muskogee, Oklahoma. Rembursement shall be subject to the Are_ Drector's approval and further subject to the avalablty o_ funds approprated for such purposes. C. n the event t becomes necessary to provde guar@ securty for an ndan prsoner at a health faclty or any plac_ -9-

12 o other than the Carter County Jal, t shall be the responsblty of the Bureau of ndan Affars to provde such servce. D. n the event an emergency mental or psychatrc stuaton arses wth an _ndan prsoner, t shall be the responsblty of the Bureau of ndan Affars to mmedately take custody of sa_ prsoner for approprate acton pursuant to applcable law. E. n the event of a major crme nvestgaton on ndan lan_ partcpated n by Carter County personnel, all tems of evdenc_ shall be turned over to BA offcers, who shall be responsble for t and for any expert tests or analyses to be performed. 12. mmaxx t s understood and agreed by the partes to ths Agreement that the respectve agences, ther agents, employees and nsurers have no authorty nor any rght whatsoever to control n any manne_ the day-to-day dscharge of the dutes of offcers who have bee_ commssoned pursuant to ths Agreement. t s further understoo_ that prmary responsblty for law enforcement n ndan Countr_ n matters nvolvng ndans, remans wth the Bureau of ndar Affars. 13. Dabltes and mmuntes A. t s understood and agreed that each agency whch s party to ths Agreement, ts agents, employees and nsurers, d_ not, by vrtue of ths Agreement, assume any responsblty o 7 lablty for the actons of offcers commssoned pursuant to th_ Agreement whch are performed outsde the scope of ther dutes, B. Notwthstandng Subsecton A, any offcer carryng a DSO -0-

13 performng any act wthn ndan Country, wll be afforded the protecton of the Federal Tort Clams Act whle actng wthn th_ scope of hs/her employment as a Federal offcer pursuant to th_ l provsons of the Federal Tort Clams Act and pursuant to the provsons of the ndan Law Enforcement Reform Act, 25 U.S.C (f). C. Nothng n ths Agreement shall be read as wavng ol lmtng any defenses to clams of lablty otherwse avalable tc law enforcement offcers, such as the defense of qualfe_ mmunty. D. Nothng n ths Agreement shall be construed as a wavel of any government's soveregn mmunty, not otherwse expressl) waved by legslatve act. E. Should Carter County be sued n Tort or n a Cvl Rghts sut arsng form the exercse of authorty granted by a DSC Commsson, the Trbe/BA wll pay the deductble amount, not t0 exceed $3,000.00, under the Carter County lablty nsurance polcy, subject to the avalablty of funds approprated for th_ purpose. 14. Addtonal Partes t s understood by the partes to ths Agreement that [ addtonal agences wth law enforcement responsbltes ma_ choose to jon as partes hereto but that no amendment wll he mad_ to the terms of ths Agreement wthout the agreement of all th_ partes sgnatory to t. -

14 15. ADDroval Ths Agreement shall be effectve when approved by th_ Attorney General as provded n 74 O.S. S 1004(f), when sgned b_ authorzed offcals of the governng body of Carter County an4 when sgned by the Area Drector, Muskogee Area Offce, Bureau of ndan Affars, and when fled of record as provded by 74 O.S. 001 et sea. A copy of the resoluton of the governng body o Carter County authorzng entry nto ths Agreement s attached t( ths Agreement. 16. ndan Country dentfcaton The Bureau of ndan Affars shall prepare and furnsh t Carter County, a map and legal descrptons of all known ndar land wthn Carter County, Oklahoma. 17. Laws APPlcable to ndan Country The Bureau of ndan Affars shall provde Carter County wt_ an offcer's manual contanng all laws to be enforced on nda_ land ncludng Trbal laws. -12-

15 Approved as to proper form and compatblty wth the laws of the State of Oklahoma: SHF_RFF, CARTE_ COUNTY, OKLAHOMA DATE CHARMAN, COMMSSONER, DATE CARTER COUNTY, OKLAHOMA.:..:'.,..-../ COMMSSOJ_ER,.-CARTER COUNTY, OKLAHOMA DATE f/_._ -. APPROVED. AS TO PROPER FORM AND COMPATBLTY WTH THE LAWS OF TH] UNTED STATES: /REGO_L SOLCTOR,' DATE DEPARTMENT OF THE NTEROR APPROVED : # _'_-_. AREA DRECTOR, MUSKOGEE AREA OFFCE DATE BUREAU OF NDAN AFFARS -13-

16 RESOLUTON BE T RESOLVED BY THE BOARD OF COMMSSONERS OF CARTER COUNTY AT A SPECAL MEETNG HELD ON AUGUST 22, 1994, TO APPROVE AN AGREEMENT FOR CROSS-DEPUTZATON BETWEEN CARTER COUNTY, OKLAHOMA AND THE BUREAU OF NDAN AFFARS. WHEREAS, THE NTENT OF THS AGREEMENT S TO PROVDE FOR THE CROSS- DEPUTZATON OF LAW ENFORCEMENT OFFCERS EMPLOYED BY THE VAROUS AGENCES WHCH ARE PARTES TO THS AGREEMENT SO THAT EACH AGENCY'S OFFCERS WLL BE AUTHORZED TO PROVDE LAW ENFORCEMENT SERVCES AND MAKE LAWFUL ARRESTS N NDAN COUNTRY WTHN THE GEOGRAPHC AREA OF CARTER COUNTY. T S THE EXPRESSED DESRE AND NTENT OF ALL PARTES TO THS AGREEMENT TO ALLOW LAW ENFORCEMENT OFFCERS TO REACT MMEDATELY TO OBSERVED VOLATONS OF THE LAW AND OTHER EMERGENCY STUATONS WTHOUT REGARD TO WHETHER THEY OCCUR ON OR OFF NDAN LANDS. NOW, THEREFORE, BE T RESOLVED BY THE BOARD OF COMMSSONERS OF CARTE COUNTY, OKLAHOMA THAT SAD AGREEMENT BE APPROVED. PASSED BY THE COMMSSON ON THS 22ND DAY OF AUGUST, CHARMAN cov_ JsloNE. ""