1.15.060 Enforcement officials.
(1) The business council shall appoint such number of law enforcement officers that have SLECs as it deems necessary to enforce the provisions of this chapter.
(2) Such appointed officials shall carry such identification and wear such uniforms as is required under any Deputization Agreement between the tribe and the OJS that is necessary to adequately identify the officials to members of the general public.
(3) Such officials shall receive such compensation and training as is required by applicable federal law and any Deputization Agreement between the tribe and the OJS that is necessary to enable the officials to carry out the duties assigned to them in a safe, professional and efficient manner.
(4) Such officials shall have the following duties and authority:
(a) To escort persons subject to exclusion orders to a location outside the boundaries of the reservation, using only as much force as is reasonably necessary for such exclusion.
(b) To take custody of the possessions of a person who is subject to an order of exclusion and remove those possession to a location outside the boundaries of the reservation or to store the possessions at the person’s expense. In removing possessions, the official shall exercise ordinary and reasonable care to avoid damage to the possessions, while they are in his or her custody.
(c) To restrain a person, exercising such restraint as is reasonable for his or her arrest and detention, pending transfer of the person to the custody of a county sheriff or other state or federal peace officer.
(5) At the direction of the business council, the SLEC enforcement officials shall enforce tribal exclusion orders by removing the person excluded and their possessions from the reservation or storing the possessions at the person’s expense.
(6) If the possessions are stored, the SLEC enforcement official shall prepare an inventory of the items, and a statement of the costs to have the officers remove and store the possessions. The officers shall then mail a notice to the defendant that he or she may recover possession of the property upon payment of seizure and storage costs. If the defendant fails to retake possession of the items within 15 days of the date notice is mailed, the SLEC enforcement officials shall notify the secretary of the business council who may sell or otherwise dispose of the property in accordance with the procedures set forth in the tribe’s abandoned property ordinance. The secretary of the business council shall mail the proceeds from the sale of the property to the defendant, after first deducting the costs of seizure, storage and sale. The proceeds from the sale of the possessions shall be credited to the police department’s budget which the department shall use to provide law enforcement services on the reservation. [Ord. 2010-08-01 § 2(9.6.060), 2009.]