Chapter
IX - TRIBAL LAW ENFORCEMENT OFFICERS
901. LAW ENFORCEMENT OFFICER DEFINED. A law enforcement
officer of the Bay Mills Indian Community is:
A. Employed
by the Tribe to enforce its general criminal and civil ordinances;
or
B. Employed
by the Tribe to enforce its conservation laws; or
C. Employed
the United States, another Indian tribe, an intertribal organization,
the State of Michigan, or a political subdivision of the State, and
is authorized by the Tribe to enforce its laws.
902. QUALIFICATIONS. The Executive Council of the Tribal
Council may appoint persons as tribal law enforcement officers. To be
eligible for appointment, an officer shall possess the following qualifications:
A. Be
of sound physical and mental condition and evidence no use of controlled
substances without a prescription issued therefor;
B. Have
no conviction of a felony for which s/he has not received a pardon;
C. Be
of legal age; and
D. Within
one (1) year of appointment successfully complete the approved Basic
Police Training Course conducted at the Federal Police Academy or
similar course substantially meeting or exceeding the level of training
provided by said Academy.
903. DUTIES AND RESPONSIBILITIES. It is the duty and responsibility
of each law enforcement officer to conduct him/herself as follows:
A. To
obey promptly all orders of the Tribal Court of the Bay Mills Indian
Community;
B. To
lend assistance to fellow officers;
C. To
protect the general public and assist any person in need;
D. To
report and investigate all violations of any law coming to his/her
notice or reported for attention;
E. To
arrest all persons observed violating the laws or committing offenses
under tribal law;
F. To
carry a firearm while on active duty, for which the officer is qualified
pursuant to 25 C.F.R. sec. 11.304(e);
G. To
inform him/herself of the laws, regulations and offenses applicable
to the Reservation of the Bay Mills Indian Community and to the areas
ceded under the Treaty of March 28, 1836 (7 Stat 491);
H. To
prevent violations of the law and the committing of offenses under
the ordinances of the Tribe or the laws of the United States;
I. To
abstain from the use of intoxicants and controlled substances while
on active or on-call duty status;
J. To
refrain at all times, whether on or off-duty, from any utilization
of a controlled substance without the requisite prescription therefore,
and from engaging in any act which would bring discredit upon the
Tribe's Law Enforcement Department and/ or its branches and divisions;
K. To
refrain from the use of inappropriate language when representing the
Tribe to the general public and to other law enforcement agencies;
L. To
use only necessary force in making an arrest, search or seizure;
M. To
promptly notify his/her commanding officer of all arrests made by
him/her and to submit proper arrest records and investigative reports
in accordance with established department procedures;
N. To
not willfully violate any laws of the United States or the State of
Michigan, unless said provision is declared to be violative of treaty
rights reserved to the Tribe or in conflict with tribal law;
O. To
keep all equipment furnished in reasonable repair and order, and to
ensure that none is used by any person not a law enforcement officer;
P. To
maintain the minimum standards for law enforcement officers contained
in 25 C.F.R sec. 11.304 (g) and (h);
Q. To
report to his/her commanding officer violations of these duties which
s/he observes or of which s/he has knowledge; and
R. To
comply at all times with the Law Enforcement code of Ethics.
904. DISMISSAL. The Executive Council may suspend or dismiss
any tribal law enforcement officer for any noncompliance with the duties
and requirements of Sec. 903, and/or neglect of duty.
905. CONTROL OF TREATMENT OF PRISONERS. Tribal law enforcement
officers shall be responsible for the treatment and control of prisoners
in their custody. Visible cuts, bruises, or other apparent injuries
suffered by any person arrested shall be reported in writing to their
commanding officers. Officers shall exert only such force as is necessary
to overcome resistance to lawful arrest and to maintain proper custody
of a prisoner.
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