Title
A RESOLUTION AUTHORIZING MUNICIPAL AGREEMENTS FOR TRAFFIC AND MISDEMEANOR CITATIONS AND DONATIONS TO MUNICIPALITIES
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
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;
WHEREAS, following the decisions in McGirt v. Oklahoma, 140 S. Ct. 2452, 2456, 207 L. Ed. 2d 985 (2020), Hogner v. State, 2021 OK CR 4, and Spears v. State, 2021 OK CR 7, it is recognized that the State of Oklahoma does not have criminal jurisdiction over crimes (including traffic violations and misdemeanors) committed by Indians on the Cherokee Nation Reservation ("the Reservation"). This holding extends to political subdivisions of the State, including municipalities.
WHEREAS, the Cherokee Nation recognizes that in order to keep local communities within the Reservation safe, Cherokee Nation needs the community policing provided by local law enforcement who are properly cross-deputized with the Cherokee Nation Marshal Service.
WHEREAS, the Cherokee Nation recognizes that the fees and fines associated with traffic citations and misdemeanors provide revenue to help fund those local law enforcement agencies, including the administrative costs associated with the municipal court systems.
WHEREAS, the Cherokee Nation wishes to enter into written agreements with municipalities within the Reservation ("Agreements") that would allow the Cherokee Nation to donate a portion of the fees and fines associated with Cherokee Nation traffic and misdemeanor offenses in exchange for the municipalities to continue to provide community policing provided by local law enforcement who are properly cross-deputized with the Cherokee Nation Marshal Service.
WHEREAS, Cherokee Nation Constitution Article X Section 7 requires Council approval for a...
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