Cross-deputizing concept gets another look
By Alastair Lee Bitsoi
Navajo Times
WINDOW ROCK, July 21, 2011
The Law and Order Committee met July 14 with representatives from tribal and state police agencies and six county sheriff's departments in the tribe's latest effort to beef up law enforcement on the Navajo Nation.
The committee held the work session in an effort to craft agreements to cross-deputize law officers from all the counties overlapping in the reservation.
Representatives from Apache, Coconino, and Navajo counties in Arizona, McKinley and San Juan counties in New Mexico, and San Juan County in Utah attended. The Arizona Department of Public Safety, Navajo Nation Police and Ramah Navajo Police were present as well.
Regina Holyan, an attorney for the Navajo Nation's Department of Justice, said the tribe currently has three cross-deputation agreements in place: the 2004 agreement with Apache County, the 2007 agreement with McKinley County, and the 2009 agreement with Socorro County, N.M.
Holyan said the Navajo Nation also has a 1981 agreement with the state of New Mexico, but it allows the tribe to enforce state laws on Navajo jurisdiction, pursuant to the New Mexico Code, and does not give state law enforcement jurisdiction to arrest anyone on tribal land.
Delegate Jonathan Nez (Navajo Mountain/Oljato/Shonto/Ts'ah Bii Kin) said the discussion is a window of opportunity, and pointed out that Navajo County has a deputy based in the Pi–on area, but the officer there cannot arrest lawbreakers because the tribe and county have not yet finalized a cross-deputization agreement.
"Many of the sheriffs that are part of the Navajo Nation, the counties, (want) to assist and really partner up on the safety, protecting our Navajo constituents out there," Nez said, adding that it presents an excellent opportunity to supplement the crime-fighting efforts of the Navajo Nation Police.
Most of the sheriff representatives echoed his opinions, saying the absence of cross-deputization agreements puts them at a high risk for liability.
"We've been helping. We will continue to help, but let us put something in place that give us the authority to do it," said Navajo County Attorney Brad Carlyon.
Andre Leonard, chief deputy for McKinley County, said his county routinely takes about 30 percent of the calls to the Crownpoint Police District, which often includes responding to criminal activity.
"This cross-commission has been a subject of topic for too long and needs to be passed now," Leonard said.
San Juan County, Utah, Sheriff Rick Eldredge said his county defers a lot of police calls to the Kayenta and Shiprock police districts and he would really like to see the Navajo Nation take the lead in establishing agreements with the counties.
Ron Haven, the Law and Order Committee's legal counsel, explained the process counties would need to take to enter into a cross-deputization agreement with the Navajo Nation, pursuant to provisions of Title 17 of the Navajo Nation Code.
Section 180 of Title 17 states, "No state, county, or municipal law enforcement offices may search or arrest any Indian within the territorial jurisdiction of the Navajo Nation absent a duly approved cross-commission or deputation agreement."
Holyan also explained that the agreements generally protect the sovereign immunity of both parties, specify the territories to be covered under the agreement, and that police officers would continue as employees of their home jurisdiction.
President Ben Shelly offered his support of the agreements and recommended the committee consider strengthening sections of the tribal code to address the nature of modern crimes seen on the Navajo Nation.
Some sections of the tribal code, Shelly said, are written for crimes that occurred in the 1920s.
Acting Navajo Nation Chief of Police Dwayne Billsie said the tribe is not looking to bend any of its laws in the agreements, but added, "We are short-staffed. We do need help."
There are currently 216 officers covering over 27,400 square miles of Navajo territory, he said.
Committee Chair Edmund Yazzie (Church Rock/Iyanbito/Mariano Lake/Pinedale/Smith Lake/Thoreau) said that the cross-deputation agreements would only apply during emergency situations.
"I know there's some questions about the sovereignty issues, where if we let this happen, then the sheriff and state police will come in and terrorize our people," Yazzie said. "But this is not what the cross commission is all about. It's to assist our Navajo officers..."
At Yazzie's direction, a working group will be established within the next 30 days to focus on cross-deputizing county law officers. The group will consist of Law and Order Committee members, DOJ, a representative from Shelly's office, the BIA, one sheriff each from Arizona, New Mexico and Utah, and legislative counsel to work out the cross-commission agreements.