Title 9 Part 468

Pursuant to section 114 of the Indian Law, the Superintendent of State Police has the responsibility to determine the minimum police training standards for the appointment of police officers to the St. Regis Mohawk Tribe Police Department, and the discretion to appoint police officers to the Tribe Police Department and to suspend or revoke such appointments.

Unless the context requires otherwise, the definitions used in this Part have the following meanings:

“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 section 114 of the Indian Law 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.”

The Tribal Council may submit to the superintendent as application to appoint a person as a police officer under section 114 of the Indian Law. The application must be in writing and must specify the name, age, and address of each person for whom an appointment is sought.

Upon receipt of an application conforming to subdivisions (a) and (b) of this section, the superintendent shall cause to be conducted a background investigation in accordance with subdivisions 4 and 5 of section 114 of the Indian Law. The Tribal Council will reimburse the division for the actual cost of performing each background investigation, as measured by the hourly rate of the investigator(s) conducting the investigation.

If the superintendent determines to appoint the applicant as a police officer within the Tribal Police Department, the applicant shall not commence duties as a police officer unless and until the Tribal Council certifies in writing to the superintendent that the applicant has previously been awarded a certificate by the Executive Director of the Municipal Police Training Council attesting to the applicant's satisfactory completion of an approved municipal police basic training program.

The superintendent shall file a certificate of appointment 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. The home address of the person appointed shall appear in the certificate of appointment. Whenever such address is changed, the Tribal Council shall file with the superintendent a statement of the new address.

All police officers appointed pursuant to section 114 of the Indian Law must receive at least 21 hours of in-service training annually, including firearms training, legal updates, a review of the use of force and the use of deadly force. The instruction shall be provided by instructors certified in accordance with the regulations of the Municipal Police Training Council (Part 6023 or 6024 of this Title). The Tribal Police Department shall maintain records documenting such training and shall provide these records to the superintendent on request. All supervisors must receive annual training to enhance supervisory skills.

If a police officer is terminated from the Tribal Police Department other than through the action of the superintendent, the Tribal Council shall file notice to that effect with the superintendent and in the office of the Department of State. Upon such filing, the appointment as a police officer shall be terminated.

The superintendent may at pleasure revoke or suspend the appointment of any 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 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 Tribal Council.

The Tribal Police Department shall notify the superintendent, in writing, of the person or position designated as responsible for the internal affairs function. The designated officer must assure that all complaints, reports or accusations made against members of the department are completely investigated.

The Tribal Police Department shall maintain records of all complaints, reports or accusations against its officers. The records shall indicate the nature of the alleged wrongdoing, the investigation conducted, and the disposition of the matter. The records shall be made available to the superintendent upon request.

The Tribal Police Department shall notify each complainant, in writing, that a complaint is being investigated. A copy of the notification shall be sent to the superintendent, and the notification shall record that such copy is being sent. Pursuant to section 50-a of the Civil Rights Law, the department need only advise the complainant that the matter is being administratively handled.