114 - St. Regis Mohawk tribal police.

§   114.   St.  Regis  Mohawk  tribal  police.  1.  By  notifying  the  superintendent of state police, the St. Regis Mohawk tribal council  may  establish  a  St.  Regis Mohawk Tribe police department employing police  officers appointed in accordance with this section.    a. At the time of the establishment of the tribal  police  department,  and  together  with  each  application  under  subdivision  two  of this  section, the tribal council must provide to the superintendent of  state  police,  and at all times during the existence of such police department  and during the tenure of any police officer appointed under  subdivision  two  of this section, the tribal council must maintain in full force and  effect, a waiver of sovereign immunity providing as  follows:  "The  St.  Regis  Mohawk  Tribe hereby waives its sovereign immunity from liability  and action in New York state and  federal  courts,  and  hereby  assumes  liability  and  consents  to have the same determined in accordance with  the same rules of law as applied to actions  against  municipalities  of  the  state  of  New York; provided that this waiver applies to liability  for acts or omissions of officers appointed  under  subdivision  two  of  this  section  and other police department employees occurring while the  officer or employee was acting within the scope of his or her employment  or duties, and to the  provision  of  a  defense  for  such  officer  or  employee  accused  of such acts or omissions. This waiver shall apply to  each such act or omission, whether or not legal action based on the  act  or omission is brought after a revocation of this waiver."    b.  The  St.  Regis  Mohawk  Tribe  shall  provide  for the defense of  officers appointed under subdivision  two  of  this  section  and  other  employees  of  the  police department in any civil action or proceeding,  state or federal, arising out  of  any  alleged  act  or  omission  that  occurred  or allegedly occurred while the officer or employee was acting  within the scope of his or  her  employment  or  duties.  This  duty  to  provide  for  a  defense  shall  not  arise  where  such civil action or  proceeding is brought by or at the behest of the St. Regis Mohawk Tribe.    (i) The St. Regis Mohawk  Tribe  shall  indemnify  and  save  harmless  officers  appointed  under  subdivision  two  of  this section and other  police department employees in  the  amount  of  any  judgment  obtained  against  such  officers  or employees in a state or federal court, or in  the amount of any settlement of  a  claim,  provided  that  the  act  or  omission  from  which  such  judgment  or claim arose occurred while the  officer or employee was acting within the scope of his or her employment  or duties.    (ii) The duty to  indemnify  and  save  harmless  prescribed  by  this  subdivision shall be conditioned upon the timely notification to the St.  Regis  Mohawk  Tribe of the commencement of the action or proceeding and  upon the full cooperation of the officer or employee in the  defense  of  such  action  or  proceeding  and in defense of any action or proceeding  against the St. Regis Mohawk Tribe based upon the same act or  omission,  and in the prosecution of any appeal.    (iii)   At  the  time  of  the  establishment  of  the  tribal  police  department, and together with each application under subdivision two  of  this  section,  the tribal council must provide to the superintendent of  state police evidence of procurement of, and at  all  times  during  the  existence  of  such  police department the tribal council and during the  tenure of any police officer appointed under  subdivision  two  of  this  section,  must  maintain  in  full  force and effect at its own cost and  expense,  a  liability  insurance  policy  from  any  insurance  company  authorized  by law to transact business in this state, against liability  imposed by the provisions of this section. The minimum liability  limits  of  such  policy  shall be five million dollars ($5,000,000) for any one  occurrence.(iv) The St. Regis Mohawk Tribe shall indemnify and save harmless  the  state  of  New York and employees of the state of New York as defined in  section seventeen of the public  officers  law  in  the  amount  of  any  judgment  obtained  against  the  state  or such employees in a state or  federal court, or in the amount of any settlement of a claim approved by  the  tribal  council,  provided that the act or omission from which such  judgment or claim arose was committed by any  police  officer  appointed  under  subdivision  two  of this section or other employee of the tribal  police department and occurred while the officer or employee was  acting  within the scope of his or her employment or duties.    2.  Upon  the  application of the St. Regis Mohawk tribal council, the  superintendent of state police  may  appoint  any  person  as  a  police  officer  with  all  powers  provided  for in the criminal procedure law,  except for those powers specifically excepted by this section,  for  the  preservation  of  order  and  of the public peace, and the arrest of all  persons  committing  offenses  upon  the   St.   Regis   Mohawk   tribal  reservation. The total number of appointments shall be determined by the  superintendent in his or her discretion.    3. Such application shall be in writing, specifying the name, age, and  address of each person for whom an appointment is sought.    4.  The superintendent shall cause an investigation to be conducted of  the character, qualifications and fitness of each proposed appointee and  no person whom such investigation shows to be, in  the  opinion  of  the  superintendent,  other  than  of  good  moral character shall receive an  appointment under this section.    5. The  superintendent  shall  obtain  two  sets  of  the  applicant's  fingerprints  for  purposes  of  determining the criminal history of the  applicant. One set of fingerprints shall be  sent  to  the  division  of  criminal  justice  services  to  identify the applicant and to conduct a  criminal history records search of the division's New York  state  files  to  determine  whether  or  not such applicant has a criminal history in  this state. The other set of  such  applicant's  fingerprints  shall  be  forwarded  to  the  federal bureau of investigation for the purpose of a  nationwide criminal history  record  check  to  determine  whether  such  applicant  has  a criminal history in any state or federal jurisdiction.  The division of criminal justice services shall  promptly  transmit  the  reports   of   the   New  York  state  criminal  record  search  to  the  superintendent.  The  federal  bureau  of   investigation   reports   of  nationwide  criminal  records  searches  shall  be  transmitted  to  the  superintendent by the most direct means authorized by federal law, rules  and regulations.    6. No person shall commence duties as  a  police  officer  under  this  section  unless  and  until  the  St.  Regis Mohawk tribal council shall  certify to the superintendent of state police, and the superintendent is  so satisfied, that the proposed appointee has  met  the  minimum  police  training standards as determined by the superintendent.    7.  The  superintendent  of state police shall file the certificate of  appointment of any such person in the office of the department of state,  and shall forthwith notify the person appointed, by mail, at the address  specified in the application, that the certificate has  been  so  filed.  Each such person shall, within fifteen days after such certificate shall  have been filed, and before entering upon the duties of the office, take  and  subscribe  the  constitutional  oath  of office, and file it in the  office of the department of  state.  The  home  address  of  the  person  appointed  shall  appear in the certificate of appointment, and whenever  such address is changed the St. Regis Mohawk tribal council  shall  file  with the superintendent of state police a statement of the new address.8.  A  person appointed a police officer under this section shall only  be permitted to exercise the duties or functions  of  a  police  officer  within  the  county of Franklin, and within that county, only within the  boundary of the St. Regis reservation;  except  that  such  officer  may  follow  a  person  for whom he or she has the authority to arrest on the  reservation in continuous close pursuit, commencing on the  reservation,  in  and  through  any county of the state, and may arrest such person in  any county in which the officer apprehends him or her.    9. A person appointed a police officer under this section shall be  an  employee  of  the  St.  Regis  Mohawk Tribe and shall not be an officer,  agent, servant or employee of the state or any subdivision thereof.  The  compensation of every such police officer shall be such as may be agreed  upon  between  the  officer  and the St. Regis Mohawk tribal council and  shall be paid by the St. Regis Mohawk tribal council.    10. When the St. Regis Mohawk  tribal  council  no  longer  employs  a  police officer appointed under this section it shall file notice to that  effect  with the superintendent of state police and in the office of the  department of state, and thereupon such appointment shall be terminated.    11. The superintendent of state police may also at pleasure revoke  or  suspend the appointment of any such police officer by filing a notice of  suspension  or  revocation  thereof  in  the office of the department of  state and mailing a notice of such filing to the St. Regis Mohawk tribal  council, and also to  the  person  whose  appointment  is  suspended  or  revoked,  at  the  officer's address as it appears in the certificate of  appointment or the latest statement thereof on file. An appointment  may  be  restored  by  the  superintendent  upon  the filing of a restoration  notice to the department of state, the person  suspended,  and  the  St.  Regis Mohawk tribal council.    12. If such person thereafter, knowing of such revocation or having in  any  manner  received  notice thereof, exercises or attempts to exercise  any of the powers of a police officer, under this section,  such  person  shall be guilty of a misdemeanor. The filing and mailing of such notice,  as  above  provided, shall be presumptive evidence that such person knew  of the revocation.    13. The superintendent shall  revoke  the  appointments  of  all  such  police  officers,  by the process provided in subdivision eleven of this  section, if the tribal council fails  to  maintain  in  full  force  and  effect  the  waiver  of  sovereign  immunity and the policy of insurance  specified in subdivision one of this section.    14.  The  superintendent  is  authorized  to  promulgate   rules   and  regulations to effectuate the provisions of this section.