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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Police and Law Enforcement Services

Chapter One. Department Administration

Section 101. Divisions Within the Department

Section 102. The Administrative Division

Section 103. Support Division

Section 104. Enforcement Division

Section 105. Special Tribal Police Officers and Cross Deputization

Section 106. Ranks

Section 107. Enforcement Division Uniforms

Section 108. Administrative Division Uniform

Section 109. Commission Cards for Enforcement Division Officers

Section 110. Identification to be Shown Upon Request

Section 111. Authority to Make Police Regulations

Section 112. Tribal Prosecutor and Tribal Attorney as Special Officers

Section 113. Legal Distance to the Tribal Police Department

Sections 114-200. Reserved

AST POLICE Code Section 101
Section 101. Divisions Within the Department

The affairs of the Tribal Police Department shall be divided by the Chief of Police into an Enforcement Division, a Support Division, and an Administrative Division.

Absentee Shawnee Police Code Section 101, AST POLICE Code Section 101

 

 

 




AST POLICE Code Section 102
Section 102. The Administrative Division

The Administrative Division shall include employees engaged in such jobs as secretary, file clerks, food handlers, jail attendants, dispatchers, and similar job functions which do not directly involve patrol, investigation, arrest and similar duties. Administrative Division personnel need not qualify in firearms training, nor shall they generally have police arrest powers or be issued or allowed to carry firearms. Administrative Division personnel who have a current firearms qualification and who have successfully completed the approved Basic Police Training course may be commissioned as a Police Officer and shall thereafter be authorized to carry firearms and make arrests to the same extent as are Officers in the Enforcement Division. Administrative Division employees may be commissioned as a Reserve Officer and shall thereafter be authorized to make arrests to the same extent as are Officers in the Support Division.

Absentee Shawnee Police Code Section 102, AST POLICE Code Section 102

 

 

 




AST POLICE Code Section 103
Section 103. Support Division

(a) The members of the Support Division shall be persons of good moral character who shall agree to serve the people of the tribe without pay (other than reimbursement for expenses incurred when possible) in order to provide additional security forces in time of need, and shall be known as the Absentee Shawnee Reserve. The Absentee Shawnee Reserve may be issued uniforms distinct from the Officers of the Enforcement Division which shall bear the unit emblem of the Reserve unit to which they are assigned, and shall be worn by members of that unit when called to active duty. The various traditional clans and societies of the Tribe are encouraged to enlist in the Reserve as a unit, although units may be made up from single enlistments by the Chief of The Tribal Police.

(b) The Chief of the Tribal Police shall be in overall command of the Reserve, and may call one or more individuals or units of the Absentee Shawnee Reserve to active duty at any time additional security forces are deemed necessary to protect the public at such events or gatherings as General Council meetings, tribal elections, and dances or events within the Tribal jurisdiction when additional manpower is needed for security purposes. The Chief of the Tribal Police shall rotate the active' duty calls on the various units of the Reserve so that security duties are distributed between the units as evenly as possible. Individual members or entire units of the Reserve willing to serve may be assigned to duty for courtroom security and bailiffs duties in the Tribal court, or to provide honor guards at funerals of members of the Reserve. However, these duties shall be entirely voluntary and may not be required.

(c) Members of any unit of the Absentee Shawnee Reserve need not qualify in firearms training and shall not generally be authorized to carry firearms, however, they shall have police arrest powers when on active duty or when an offense is committed in their presence. Any person arrested by a member of the Reserve shall be delivered into the custody of an Officer of the Enforcement Division of the Tribal Police Department as soon as possible. Members of any unit of the Absentee Shawnee Reserve who have a current firearms qualification and who have successfully completed the approved Basic Police Training course may be commissioned as a Special Tribal Police Officer and shall thereafter be authorized to carry firearms and make arrests to the same extent as are Officers in the Enforcement Division. Such Special Tribal Police Officers may wear a red braid upon the left shoulder of their uniform and their commission card identifying them as a member of the Reserve shall indicate their status as Special Tribal Police Officers.

(d) In order to qualify as a member of the Absentee Shawnee Reserve, a person must be:

(1) Not less than twenty-one years of age, and

(2) A member of the Absentee Shawnee Tribe of Oklahoma, or the spouse, parent, child, brother, sister, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of a member of the Absentee Shawnee Tribe of Oklahoma, and

(3) Of good moral character never having been convicted of a felony or other crime or which banishment is a possible punishment under Tribal law, and have, for a period of three years next preceding appointment and during service, have committed no crime other than minor traffic offenses and regularly abstained from being drunk or otherwise abusing alcohol or drugs.

(4) Have completed, submitted, and had approved by the Chief of the Tribal Police, an application on a form provided for that purpose, and have passed a check of the records of the Tribal Court, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation for any criminal record, and

(5) Have taken a public oath to support and defend the Constitution and laws of the Absentee Shawnee Tribe of Oklahoma, to obey all lawful commands of superior officers, and to fairly and honestly perform the duties required of a member of the Absentee Shawnee Reserve.

Special Reserve commissions may be granted to any person ineligible due to failure to meet qualification (d)(2) above upon request of the members of any unit of the Reserve with the approval of the Chief of the Tribal Police Department and the Executive Committee and such person shall be assigned to the unit requesting the special commission.

(e) Upon taking the oath of office, and thereafter as an individuals rank changes or at intervals decided by Police regulation, each Reserve Officer may be issued a commission card containing the individual's photograph, name, rank, badge number, a statement as to whether the officer is authorized to carry firearms, the signatures of the Governor and the Chief of the Tribal Police, a badge, a nameplate, and may be issued a uniform. Other equipment necessary to the officers s duties shall be issued as necessary when called to active duty. A member of the Reserve shall be expected to attend such amount of police training during each year as may be required by the Chief of the Tribal Police Department.

(f) The commission as a Reserve Officer shall continue during good behavior and continued eligibility for the life of the Officer. Members of the Absentee Shawnee Reserve shall be entitled to wear their uniforms at any organized function of the Tribe, to participate in all law enforcement activities of the tribes, to attend all police and law enforcement training provided by the tribes to the extent funds are available, to participate individually, by unit, or by division in all social activities sponsored by the Tribe or the Tribal Police Department, and to be recognized and treated as a veteran and warrior of the tribes and burial with full Tribal Police honors.

Absentee Shawnee Police Code Section 103, AST POLICE Code Section 103

 

 

 




AST POLICE Code Section 104
Section 104. Enforcement Division

The Enforcement Division shall include employees engaged in providing direct patrol, investigation, arrest and similar regular functions of the Tribal Police Department. Enforcement Division personnel must maintain a current qualification in firearms training, and shall have police arrest powers. Enforcement Division personnel who do not have a current firearms qualification, or who do not successfully complete the approved Basic Police Training course within the required time may be reassigned to the Administrative Division, demoted, or dismissed.

Absentee Shawnee Police Code Section 104, AST POLICE Code Section 104

 

 

 




AST POLICE Code Section 105
Section 105. Special Tribal Police Officers and Cross Deputization

Any member of the Absentee Shawnee Reserve, and any person regularly employed as a law enforcement officer by the Federal Government, the State of Oklahoma or any of its political subdivisions, or any Indian Tribe within the State of Oklahoma who would meet the minimum qualifications for entry as an Officer in the Enforcement Division of the Tribal Police Department may receive a Special Tribal Police Officer Commission upon the recommendation of the Chief of the Tribal Police Department and Governor, with the approval of the Executive Committee expressed by resolution. Such special commission shall entitle the bearer thereof to exercise the powers and duties of a member of the Enforcement Division of the Tribal Police Department when their assistance is requested within the Tribal jurisdiction by any Tribal official. Such officers shall be under the supervision of regular members of the Enforcement Division of the Tribal Police while actively involved in providing assistance within the Tribal jurisdiction, and shall be entitled to all the authority and immunities of a member of the Tribal Police in such situations.

Officers of the Enforcement Division and Support Division of the Tribal Police Department may accept, with the approval of the Chief of the Tribal Police, similar special or deputy commissions from other Indian Tribes in Oklahoma, the State of Oklahoma and any of its political subdivisions, and the Federal Government for which they are qualified, and are authorized, with the consent of their commanding officer or the officer in charge in an emergency situation, to provide all aid and assistance possible to the law enforcement agencies in surrounding jurisdictions in order to protect innocent lives and property, to provide better law enforcement services for all persons, and to apprehend violators of the laws.

All Enforcement Division Officers are encouraged to qualify for, and receive a Deputy Special Officer commission from the Bureau of Indian Affairs.

Absentee Shawnee Police Code Section 105, AST POLICE Code Section 105

 

 

 




AST POLICE Code Section 106
Section 106. Ranks

Police Officers of the Absentee Shawnee Tribal Police Department, except Special Tribal Police officers, shall be assigned one of the following ranks dependant upon their length of service, the extent of their duties of enforcement and supervision of other employees, and the needs of the Department according to the following descending order:

Rank

Description

 

A.

Commander

Governor, oversees all police activities.

B.

Chief of Police

Supervises all police activities. Conducts investigations.

C.

Captain

Supervises all activities of a Division. Conducts investigations.

D.

First Lieutenant

Supervises all activities of two or more units in the Enforcement and Administrative Divisions, supervises all activities of a unit in the Support Division. Conducts investigations.

E.

Second Lieutenant

Supervises all activities of one unit in the Enforcement and Administrative Divisions, supervises all activities of a twenty person platoon in the Support Division. Conducts investigations.

F.

Sergeant

Supervises all activities of a ten person squad in the Enforcement and Support Divisions. Supervises a department within a unit in the Administrative Division. In Service with the Tribe more than Four years with good behavior, and/or other special qualifications. Patrol and assists in investigations.

G.

Police Officer I(First Class)

Supervises a two--five person patrol group in the Enforcement or Support Divisions. In Service with the Tribe more than two years with good behavior, and/or other special qualifications. Patrol and assists in investigations.

H.

Police Officer II(Second Class)

In Service with the Tribe more than one year with good behavior in the Enforcement or Support Divisions. May supervise trainees, or entry level personnel, as needed. Patrol and assists in investigations.

I.

Police Officer III(Third Class)

Entry Level patrol officer in the Enforcement or Support Divisions. Patrol and assists in investigations.

J.

Administrative Officer I

In Service with the Tribe in the Administrative Division for more than two years with good behavior, and/or other special qualifications. May supervise Administrative Officers. Equivalent to Police Officer I in rank.

K.

Administrative Officer II

In Service with the Tribe more than one year with good behavior. May supervise entry level Administrative Officers as needed. Equivalent to Police Officer II in rank.

L.

Administrative Officer III

Entry level personnel in Administrative Division. Equivalent to Police Officer III in rank.

The Chief of the Tribal Police Department shall, with the written approval of the Governor, hire, fire, discipline, promote, and demote as necessary persons from and to all ranks of Sergeant and below. The Chief of the Tribal Police Department shall, with the approval of the Executive Committee expressed by resolution, hire, fire, discipline, promote, and demote as necessary persons to and from all ranks from the rank of Lieutenant to the rank of Captain, Provided, that in selecting supervisory personnel for the Absentee Shawnee Reserve, each Officer selected, except the Captain, shall be a member of some unit of the Reserve. The choice of the unit or units which the Officer, including the Captain of the Reserve, will supervise shall be given great, but not conclusive, weight in the selection or promotion of such Officers.

The Police Regulations promulgated pursuant to this Title shall provide for distinctive and easily identifiable markings, badges, or other indication of rank which shall be worn at all times that the officer is in uniform or on active duty.

Absentee Shawnee Police Code Section 106, AST POLICE Code Section 106

 

 

 




AST POLICE Code Section 107
Section 107. Enforcement Division Uniforms

All Officers in the Enforcement Division shall be issued a Tribal Police Uniform which shall be distinct from the uniforms of the Administrative and Support Divisions, a badge, nameplate, firearm, and such other equipment as is deemed necessary by the Chief of Police and authorized in the regulations of the Police Department.

Absentee Shawnee Police Code Section 107, AST POLICE Code Section 107

 

 

 




AST POLICE Code Section 108
Section 108. Administrative Division Uniform

The personnel of the Administrative Division may be required to wear a uniform by the regulations of the Police Department, and if so, uniforms distinct from the uniforms of the Enforcement and Support Divisions shall be issued to such persons. All personnel of the Administrative Division shall wear a name tag while on active duty identifying them as personnel of the Police Department.

Absentee Shawnee Police Code Section 108, AST POLICE Code Section 108

 

 

 




AST POLICE Code Section 109
Section 109. Commission Cards for Enforcement Division Officers

Each Enforcement Division Officer and the Chief of the Tribal Police shall, upon taking their oath of office, and thereafter as an individual's rank changes, or at intervals decided by Police regulation, be issued a commission card containing the officer's photograph, name, rank, badge number, the fact that the officer is authorized to carry firearms and make arrests, the fact that such person is a commissioned law enforcement officer of the Absentee Shawnee Tribe, the signatures of the Governor and the Chief of the Tribal Police, and the words:

Absentee Shawnee Tribal Police Department

Absentee Shawnee Police

Law Enforcement Service

Absentee Shawnee Tribe of Oklahoma

Shawnee, Oklahoma

across the top of such commission.

Absentee Shawnee Police Code Section 109, AST POLICE Code Section 109

 

 

 




AST POLICE Code Section 110
Section 110. Identification to be Shown Upon Request

Every member of the Absentee Shawnee Tribal Police Department shall carry their commission (for other identification in the case of noncommissioned employees) with them at all times when on active duty, and shall, as soon as reasonably practical under the circumstances, exhibit such commission or identification and give their name, rank, and badge number upon request of any person.

Absentee Shawnee Police Code Section 110, AST POLICE Code Section 110

 

 

 




AST POLICE Code Section 111
Section 111. Authority to Make Police Regulations

The Chief of the Tribal Police Department is hereby authorized and empowered to make any useful or necessary rule or regulation, not inconsistent with this Title or any other provision of Tribal law or the Indian Civil Rights Act, to promote the efficient, safe, and honest conduct of the activities of the Department. Every such rule or regulation shall be filed for record in the office of the Tribal Secretary and the Clerk of the Tribal Court prior to becoming effective. A copy of every such rule and regulation shall be delivered to the Governor and the Executive Committee at or prior to the time of filing. The Governor or the Executive Committee may vacate or modify any such rule in writing filed with the Tribal Secretary and the Clerk of the Tribal Court.

Absentee Shawnee Police Code Section 111, AST POLICE Code Section 111

 

 

 




AST POLICE Code Section 112
Section 112. Tribal Prosecutor and Tribal Attorney as Special Officers

The Tribal Prosecutor/Attorney General, as the chief prosecutor of the Tribe, and the Tribal Attorney (when the Tribal Attorney shall agree to serve), as the chief legal officer of the Tribe, upon qualification in an approved firearms t-raining course, shall be granted a commission as a Special Tribal Police Officer of the Enforcement Division. Such persons shall not receive extra compensation for their activities as Special Tribal Police Officers.

Absentee Shawnee Police Code Section 112, AST POLICE Code Section 112

 

 

 




AST POLICE Code Section 113
Section 113. Legal Distance to the Tribal Police Department

The Governor or the Chief of the Tribal Police Department is authorized to request, and the Tribal Prosecutor/Attorney General and the Tribal Attorney are authorized to give, legal advice and assistance upon questions of importance affecting the performance of the duties of Tribal Police Officers either personally at the scene Qf an incident, orally whether in person or by telephone, or by written memorandum. In cases involving serious offenses, and when the need for immediate information or advice is critical to protect persons or property or to preserve the integrity of a criminal case, the officer in charge of the immediate scene of the incident or place where such question arises may contact the Tribal Prosecutor/Attorney General or the Tribal Attorney immediately without first submitting a request for such information through superior officers, In every such case, the Officer taking such action shall promptly file a report through the immediate superior Officer to the Police Chief describing the action taken and detailing the reason immediate information was necessary under the circumstances.

Absentee Shawnee Police Code Section 113, AST POLICE Code Section 113

 

 

 




AST POLICE Code Sections 114-200
Sections 114-200. Reserved

Absentee Shawnee Police Code Sections 114-200, AST POLICE Code Sections 114-200

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