Tribal police bill awaits governor's signature

Tribal police officers in Oregon will soon be recognized as police officers under state law.

A bill that will hopefully foster greater cooperation between Oregon law enforcement agencies and the police forces of the nine federally recognized Tribal Nations within the state is awaiting the signature of Gov. John Kitzhaber.

The bill passed the state Senate on June 6 with 19 yes votes and then was approved 33-25 by the state House of Representatives on June 29.

Karen Quigley, executive director of the state Legislative Commission on Indian Services, said that a signing ceremony for the bill will be held later in July.

"The commission plans to host a small, informal reception after the signing," she said. "Congratulations to all who worked so hard on the passage of this significant legislation."

The bill clarifies Tribal law enforcement capability on and off Tribal lands. The amended bill provides certainty with respect to state-approved training of Tribal police officers and addresses rules of evidence, public records and tort liability.

The bill also contains a "sunset provision," which means it will be reviewed in the future by the state Legislature to assess how well it is working.

The bill was opposed by Oregon Sheriff's Association because it gives Tribes power to go off Tribal lands, but does not allow non-Tribal police the authority to unilaterally go on reservation lands.

"But even some senators who voted to support the sheriffs acknowledged that it will be important for Oregon's sheriffs to recognize the new reality and perhaps eventually will even see the value of joint efforts in public safety by professional Tribal and non-Tribal law enforcement officers throughout Oregon," Quigley said.

House Co-Speaker Arnie Roblan (D-Coos Bay) said the legislation will provide Tribal police officers with better training and more access to their law enforcement colleagues. The bill allows Tribal police to conduct their duties off of reservation land, such as when they are pursuing a suspect from reservation land to non-reservation land.

"This will improve the relationship between Tribal police and Oregon law enforcement officers," Roblan said. "It provides Oregon law enforcement with some new allies in their efforts to keep our communities safe. And it allows our Tribal police officers to act as peace officers anywhere in the state as long as they are performing their official duties."

Since Oregon's nine federally recognized Tribes are located in rural areas, such as Pendleton, Burns, Grand Ronde and Florence, the new state law should make remote areas of Oregon safer places to live for Tribal and non-Tribal members alike.

Roblan said he believes the legislation will promote reciprocity, making it more likely that Tribal police forces would partner with other Oregon law enforcement personnel. These agreements between Tribes and surrounding law enforcement jurisdictions will allow both Oregon and Tribal leaders to develop working relationships to provide better enforcement in both Tribal communities and surrounding areas, he said.

"These new Tribal police officers will be trained exactly as our state police and local officers," Roblan said. "They will have the ability to conduct themselves as any other police officer in the state. And that can only benefit the residents of the Tribal lands and Oregon communities who are their neighbors."

The bill was drafted after the Kurtz v. Oregon case, in which Thomas E. Kurtz fled from Warm Springs Tribal police and was arrested, off reservation, by Warm Springs Tribal Officer Joseph Davino.

Circuit Court Judge Dan Ahern found Kurtz guilty of attempting to allude and resisting arrest. However, the Oregon Court of Appeals found Davino was not a police officer under the current state definitions. Recently, the Oregon Supreme Court upheld Ahern's decision and affirmed the legality of the arrest.

"We still need (this law)," Jim Soules, former general manager for Warm Springs Public Safety, recently said. "Because the Supreme Court did not deal with the question as a whole, just in the case before it. Without (the law), every Tribal arrest on non-Indians will be litigated."