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

2. 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

3. 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

5. 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

6. 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.’”

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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.

18. 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!