The tribal law enforcement consortium of arizona A new way to share law enforcement information in indian country NAJIS Annual Conference November 3, 2016

Presentation overview Tribal Governance and Tribal law enforcement’s role in the exercise of Tribal sovereignty Introduction to the Tribal Law Enforcement Consortium of Arizona (TLECA) How TLECA was conceptualized – a new solution for an old problem TLECA nuts and bolts Challenges to TLECA Formation and Implementation Future Plans for TLECA

Tribal Governance and Tribal law enforcement’s role in the exercise of tribal sovereignty 567 federally recognized Indian Tribes in the United States (called Tribes, nations, bands, pueblos, communities, rancherias and native villages) Indian Tribes hold 56 million acres of land in the lower 48 states, or approx 2.9% of lands The largest reservation – Navajo Nation – about the size of West Virginia Some Indian Tribes have very small reservations or no reservation at all

Tribal Governance and Tribal law enforcement’s role in the exercise of tribal sovereignty Indian Tribes are sovereign nations Inherent authority to enact Tribal law, control lands and exercise Tribal jurisdiction over Tribal members living on the Reservation Essence of Tribal sovereignty is the ability to govern and to protect the health, safety and welfare of Tribal citizens within Tribal territory

Tribal Governance and Tribal law enforcement’s role in the exercise of tribal sovereignty Article 1, Sec. 8 U.S. Constitution “Congress shall have the power to …regulate commerce with foreign nations, and among the several states, and with Indian tribes….” Chief Justice John Marshall, United States Supreme Court Worcester v. Georgia, 31 U.S. (6 (Pet.) 515, 561 (1982) “Indian Nations have always been considered, distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil ….The very term ‘nation’ so generally applied to them, means ‘a people distinct from others.’”

Tribal Governance and Tribal law enforcement’s role in the exercise of tribal sovereignty Tribes are governed by their own laws enacted by their Tribal councils or other governance structures Tribes have their own Tribal court systems and jails Tribal Police Departments –protect and serve Indian Country There are approx. 2,300 Tribal Police (BIA and Tribal) serving today in the lower 48 states Protect the health, safety and welfare of both Indian and non-Indian residents on Tribal lands Enforce Tribal law and applicable state and federal laws through cross-deputization agreements and certification

Tribal Governance and Tribal law enforcement’s role in the exercise of tribal sovereignty There are 22 federally recognized Indian Tribes in Arizona Tribal lands in Arizona comprise approximately 28% of Arizona’s total land base Some reservations in Arizona are close to urban areas, while others are located in rural and sometimes remote parts of the State

Introduction to the Tribal Law Enforcement Consortium of Arizona The Tribal Law Enforcement Consortium (TLECA) was developed in 2013 by Tribes/for Tribes in Arizona First in the United States Goal – to facilitate the sharing of criminal information (not intelligence) among participating Tribes Information among participating Tribal Police Departments shared electronically through FBI National Data Exchange Portal (FBI N-Dex) Walled off electronic space only viewable by participating TLECA Tribes

How TLECA Was Conceptualized – a New Solution to an Old Problem Development of TLECA was really an extension of ICIN Facilitated by the Inter Tribal Council of Arizona, Inc. TLECA created through the approval of a Memorandum of Agreement among five original Tribal Members: Ak-Chin Indian Community Tohono O’odham Nation Fort McDowell Yavapai Nation Salt River Pima-Maricopa Indian Community Gila River Indian Community Grant-funded through SEARCH TLECA Servers Technical Assistance

Tribal Law Enforcement Consortium of Arizona Nuts and bolts Memorandum of Agreement (MOA) used to create TLECA Adopted by Tribal Resolution by each of the five original Tribes Provides Tribal Authorization to Tribal Police Chiefs to share information using FBI N-Dex Information sharing limited to only “authorized personnel” Binds each participating Tribe to perform the obligations and receive the information benefits of TLECA

Tribal Law Enforcement Consortium of Arizona Nuts and bolts Key provisions in TLECA MOU include: Tribal sovereign immunity Requires uniform exchange policy Prescribes ownership, use and quality of information requirements Creates system for sanctioning bad acting members Prescribes terms for unilateral withdrawal from TLECA or termination of TLECA MOU

Challenges to TLECA Formation and Implementation Funding Forming consortium among five different Tribes (Nations) Binding everyone to the same terms Tribal sensitivity to information sharing in general Determining the types of information that can be uniformly shared

Challenges to TLECA Formation and Implementation How challenges to forming TLECA were overcome Direct and vigorous involvement of Chiefs of Police Commitment to the need for information sharing Recognizing the unique Tribal sensitivity to information sharing Finding areas of agreement – punting the rest Direct involvement of the “in house” attorneys for each TLECA Tribe

Challenges to TLECA Formation and Implementation Challenges to TLECA Implementation Biggest challenge was the concern over reach back with criminal information. Funding – Grant through SEARCH assisted with Technical Assistance and purchase of servers for five TLECA member agencies Keeping everyone on track to complete necessary work, as well as obtaining needed signatures. Outreach

Challenges to TLECA Formation and Implementation How implementation challenges were overcome After each agency “uploads” information, they disconnect from ITCA, same with ITCA to N-Dex. Working with Tribal Law Enforcement and Federal partners explaining the benefits of TLECA.

FUTURE PLANS FOR TLECA Future plans for TLECA include Continue to add new member Tribes (recently added Hualapai Tribe, Pascua Yaqui Tribe, San Carlos Apache Tribe) Complete the Standard Operating Procedures for TLECA Begin full information sharing among existing members Get the word out about the TLECA model for other Tribes!