Resolution No. 17-97
COUNCIL OF THE CHEROKEE NATION
AUTHORIZING APPROVAL OF A RESOLUTION REQUESTING THE CHIEF, LAW
ENFORCEMENT SERVICES, BUREAU OF INDIAN AFFAIRS TO TEMPORARILY
RESUME LAW ENFORCEMENT RESPONSIBILITIES PRESENTLY UNDER COMPACT
WITH THE CHEROKEE NATION AND DECLARING AN EMERGENCY
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people; and,
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government-to-government relationship with the United States of America; and,
WHEREAS, the Cherokee Nation is a Self-Governance Tribe and, pursuant to the Indian Law Enforcement Act, assumed law enforcement power from the Bureau of Indian Affairs; and,
WHEREAS, the Council of the Cherokee Nation recognizes, its highest priority is to provide for the health and safety of the Cherokee people; and,
WHEREAS, the Council of the Cherokee Nation with this declares that a state of an emergency exists.
NOW THEREFORE, BE IT RESOLVED THAT the Council of the Cherokee Nation makes a formal request to the Chief, Law Enforcement Services, Bureau of Indian Affairs, and the Area Director, Muskogee Area Office, Bureau of Indian�Affairs, collectively referred to as the Bureau of Indian Affairs, to temporarily assume all law enforcement responsibilities presently under compact with the Cherokee Nation for a period of up to eight weeks; and,
BE IT FURTHER RESOLVED THAT the Council of the Cherokee Nation orders all law enforcement current and former personnel employed in any manner with the Marshal Service of the Cherokee Nation, who are in possession of equipment and/or supplies related to the law enforcement compact between the Cherokee Nation and the Bureau of Indian Affairs, including but not limited to commission cards, cellular phones, credit cards, vehicles, weapons, and radios, to immediately surrender those items to the Bureau of Indian Affairs; and,
BE IT FURTHER RESOLVED THAT pursuant to the terms of the Indian Law Enforcement Reform Act, this resolution requests the Bureau of Indian Affairs to enforce Cherokee Nation codes and ordinances, and submit herewith those codes and ordinances to the Bureau of Indian Affairs; and,
BE IT FURTHER RESOLVED THAT the Council of the Cherokee Nation
instructs the Principal Chief to negotiate an amendment to the Annual Funding Agreement that includes the terms and conditions stated above that contains provisions to cover expenses
to the Bureau of Indian Affairs for their participation.
CERTIFICATION
The foregoing resolution was adopted by the Council of the Cherokee Nation at a duly called meeting on the / t'lay of 1997, having members present, constituting a quorum, by the vote of 7 yea; U nay; cz) abstaining.
ames Garland Eagle, President Council of the Cherokee Nation
A 1lEST:
Cherokee Nation
Council of the Cherokee Nation
ATTEST:
Approved this LE_ Day of
Byrd, Princip rokee Natio
tef
,, C.,64,61
, 1997
CHEROKEE NATION
RESOLUTION NARRATIVE
The Cherokee Nation Tribal Council recognizes that there is a disagreement between the Executive Branch and the Judicial Branch over the status of the Marshal Service. Under self governance, the Cherokee Nation has assumed responsibility for providing law enforcement service to Cherokee citizens within our jurisdiction. Providing for the health and safety of the Cherokee constituency is the highest priority of the Tribal Council.
Given the current circumstance, the Tribal Council has determined that the best way to provide for the protection of the Cherokee people is to suspend the activities of the Cherokee Nation Marshal Service and to request the assistance of law enforcement officers from the Bureau of Indian Affairs on a temporary basis. Both groups of Marshals, those constituted by the Principal Chief and the former marshals under the direction of Pat Ragsdale, would be required to turn in all Cherokee Nation equipment and/or supplies to the Bureau officers. By following this scenario, any potential conflict between the two groups would be eliminated while maintaining law enforcement services to the Cherokee people.
The Principal Chief will be authorized to negotiate with the Bureau of Indian Affairs for the reimbursement of their expenses and to define the terms and conditions of their assistance.