Chapter 2.45
POLICE DEPARTMENT
Sections:
2.45.030 Tribal Police Officers.
2.45.010 Establishment.
The Board of Directors hereby establishes the Tulalip Tribal Police Department. The Chief of Police shall have ultimate responsibility for and command over the Tribal Police. The Board of Directors may appoint any of its members to be responsible for Tribal Police business and such members shall keep themselves informed regarding Tribal Police matters and report thereon to the Board. The Board shall appoint a Chief of Police upon such terms and conditions of employment as they shall direct. The Chief of Police, with the concurrence of the Board, shall establish such ranks and appoint and commission officers within the Tribal Police and other agencies as are deemed necessary. [Ord. 90, 1-4-1997 (Res. 96-0184)].
2.45.020 Chief of Police.
The Chief of Police shall coordinate the law and order program on the Reservation. The chief shall meet with the Board and the Tulalip community to discuss the law and order program and make recommendations for improving the efficiency of the program. The chief shall review the program and prepare budgets and shall administer funds used in the law and order program with the consent of the Board.
(1) Duties of the Chief.
(a) To be responsible for and have charge over all Tribal Police functions on the Reservation.
(b) To be in command of all Tribal Police Officers and employees.
(c) To instruct, train and advise Tribal Police Officers in the functions, duties and responsibilities of Police Officers for the efficient maintenance of law and order on the Reservation.
(d) To report to the Board on police activities.
(e) To select and recommend person for appointment to and dismissal from the Tribal Police force consistent with Tribal law.
(f) To provide policemen to the Tribal Court to perform bailiff service, transportation of prisoners, and service of Court papers.
(g) To adopt reasonable regulations for Police Officers to serve as a standard of conduct to ensure the efficient maintenance of law and order.
(h) To ensure cooperation with other law enforcement agencies.
(i) To do such other law enforcement related activities as the Board shall direct.
(j) To designated an acting Chief of Police to serve as Chief of Police in his absence. [Ord. 90, 1-4-1997 (Res. 96-0184)].
2.45.030 Tribal Police Officers.
(1) Appointment. Tribal Police Officers shall be hired upon such terms and conditions of employment as the Board shall direct. The Board shall receive the recommendation of the Chief of Police prior to hiring anyone to be a Police Officer.
(2) Qualifications. The qualifications of Tribal Police Officers shall be as follows:
(a) A sound physical and mental condition and sufficient size and strength to perform the required duties.
(b) A willingness and ability to attend police training courses as a condition to hiring and continued employment.
(c) High moral character and absence of conviction of a felony or Class A offense, or any other offense within one year prior to appointment.
(d) Preference in hiring shall be given to high school graduates in situations where qualifications are otherwise similar.
(3) Duties. In furtherance of their legal duties, Tribal Police Officers shall responsibly exercise their discretion and obey police policy, procedure, and regulations. The duties of a Tribal Police Officer are:
(a) To enforce facially valid court orders and lawful orders of the Chief of Police or ranking Police Officers.
(b) To report and investigate violations of law or regulation coming to the attention of the Police Department.
(c) To arrest or issue citations for violations of Federal, State, or Tulalip laws and regulations to the extent of the officer’s jurisdictional authority and when sufficient grounds exist for doing so.
(d) To assist and cooperate with other law enforcement agencies and officers.
(e) To prevent violation of the laws.
(f) To protect property, life, and the safety and welfare of the public, which includes special considerations in the protection of minors, mentally ill, and impaired individuals.
(g) To respond to emergencies and render aid.
(4) Dismissal of Police. A police officer can be suspended or dismissed for noncompliance with the provisions of this code or other violations of regulations, the police procedures manual, the personnel laws of the Tribes, standing orders of the Department, or neglect of duty.
(5) Deputizing. Tribal Police may be deputized by another jurisdiction to aid in the effective law enforcement of the Reservation. Law enforcement officers and other law enforcement personnel from other jurisdictions or other departments or enterprises of the Tribes may be deputized to aid in the enforcement of Tribal law.
(6) Police Training. It shall be the goal of the Tribal Police to attract and retain experienced, professional police personnel. To this end, the Board of Directors and the Chief of Police shall establish minimum standards of training which all Police Officers will be required to meet. Further, the Chief of Police shall explore, schedule, and arrange periodic training and retraining programs for Tribal Police Officers from all available sources. Such programs shall stress not only basic police procedures and techniques, but shall also deal with crime prevention, community and public relations, and other appropriate topics. [Res. 2022-062; Res. 2022-054; Res. 2002-186; Res. 2002-060; Res. 2002-046; Res. 2001-407; Ord. 90 § 10.3, 1-4-1997 (Res. 96-0184)].
2.45.040 Unclaimed property.
(1) Subject Property. When lost, stolen, abandoned or otherwise unclaimed property or money, except vehicles, comes into the possession of the Police Department, the Department shall hold and store such property until it is claimed and all just and reasonable charges for saving, storage, and providing notice have been paid, or it is disposed of pursuant to this section.
(2) Return to Owner – Proof Required. Property may be delivered or money paid to the true owner upon proof of ownership satisfactory to the Chief of Police or his/her designee at any time prior to disposal.
(3) Dangerous or Perishable Property. Any property coming into possession of the Police Department which the Chief of Police or his/her designee determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as may be in the public interest.
(4) Notification. The Tribes shall make a reasonable attempt to notify the true owner of their right to claim the property prior to disposing of unclaimed money or property valued at $250.00 or more. A reasonable attempt to notify the owner shall include notice prepared according to subsection (5) of this section and served by:
(a) Publication in the syəcəb (See-Yaht-Sub) for two consecutive weeks;
(b) Publication for a period of at least 30 consecutive calendar days on the Tulalip Tribes’ official government website;
(c) Personal service; or
(d) Certified mail delivered to the owner’s residential address.
(5) Content of Notice. Notice shall include:
(a) The name of the owner or owners of unclaimed property, if known.
(b) A brief description of the property and the date the property came into the custody of the Police Department.
(c) Contact information for the Police Department.
(d) A statement that property that remains unclaimed may be sold or disposed of in accordance with this section.
(e) A statement that information concerning the property and claims of ownership should be directed to the Police Department.
(6) Abandonment. Following notification pursuant to subsection (4) of this section, any property that remains unclaimed by the true owner shall be deemed abandoned and vest in the Tulalip Tribes after the following periods of time:
(a) For money, 180 days.
(b) For bicycles, 30 days.
(c) For all other property, 60 days.
(7) Disposal. Abandoned property and money shall be disposed of as follows:
(a) Firearms shall be converted for use by the Tulalip Police Department, auctioned or traded to a licensed gun dealer, or destroyed.
(b) Property that is of no use to the Tribes and is unsellable or of minimal value may be destroyed at the discretion of the Chief of Police or his/her designee.
(c) Money shall be transferred to the General Fund.
(d) All other property, at the discretion of the Chief of Police or his/her designee, shall be:
(i) Sold at public sale and the net proceeds transferred to the General Fund;
(ii) Converted for use by the Tribes for a public purpose; or
(iii) Donated to a charitable, civic, or nonprofit organization.
(8) Finders. Notwithstanding subsection (7) of this section, abandoned property or money shall be delivered back to the finder of said property or money, other than a Tribal employee who found the property in the course of employment, if the finder has served written notice upon the Police Department that she or he wishes to assert a claim to the property or money as a finder, except that under no circumstances shall a firearm be delivered to a finder.
(9) The provisions of this section do not apply to property or money held by the Tribes pending forfeiture pursuant to Tulalip law, and shall only apply to property or money held as evidence after the obligation to hold it as evidence has expired and no other provisions of law are applicable concerning its disposition.
(10) Chapter 46.55 RCW, Towing and Impoundment, is hereby adopted and incorporated as provisions of this chapter, as modified herein, and shall apply to all Reservation lands and govern impoundment, removal and sale or disposal of abandoned or junk vehicles. Any references in Chapter 46.55 RCW to “law enforcement officer,” “police officer,” and “law enforcement agency” shall include the Tulalip Police Department and its officers. Any references in Chapter 46.55 RCW to a court shall include the Tulalip Tribal Court, and the Tulalip Tribal Court shall have jurisdiction to enforce Chapter 46.55 RCW on the Reservation. Nothing in this subsection waives the immunity of the Tulalip Tribes, or authorizes any cause of action against the Tulalip Tribes. Nothing in this subsection shall be construed to grant jurisdiction to the State of Washington or its subdivisions over the Tribes or its members, or any lands of the Reservation. Amendments of Chapter 46.55 RCW by the State of Washington subsequent to enactment of this subsection shall become a part hereof unless the Board of Directors by ordinance or resolution specifically provides otherwise. [Res. 2018-322; Res. 2017-325].
2.45.045 Use of force.
(1) Definitions. The following definitions apply to this section:
(a) “Excessive force” means force that exceeds the force permitted by law or department policy.
(b) “Force” means any physical coercion by an officer in performance of official duties.
(c) “Necessary” means that, under the totality of the circumstances, a reasonably effective alternative to the use of force does not exist, and that the amount of force used is a reasonable and proportional response to the person against whom force is used.
(d) “Serious bodily harm” means bodily injury which creates a risk of death, causes serious permanent or protracted loss or impairment of the function or process of any bodily member or organ, or causes permanent disfigurement.
(e) “Totality of the circumstances” means all facts known to the peace officer leading up to and at the time of the use of force, and includes the actions of the person against whom the peace officer uses such force, and the actions of the peace officer.
(2) Use of Force – When Permissible. A Tribal Police Officer, or person assisting the officer and acting under the officer’s direction, may use necessary force in the performance of a legal duty.
(3) Use of Force – Reasonableness. A use of force is reasonable if, when using force, the officer:
(a) First exhausts available and appropriate deescalation tactics under the totality of the circumstances;
(b) Uses the least amount of force necessary to overcome resistance; and
(c) Terminates the use of force as soon as the necessity for such force ends.
(4) Use of Force – Duty to Intervene. Any on-duty Tribal Police Officer who witnesses another officer using or attempting to use excessive force has a duty to:
(a) Intervene when in a position to do so to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force.
(b) Report the use or attempted use of excessive force to his or her superior officers.
A Police Officer who intervenes or reports in good faith as required by this section shall not be disciplined or retaliated against in any way by his or her supervisors, fellow officers, or the Department.
(5) Deadly Force. A Tribal Police Officer is justified in using deadly force when the officer is performing a legal duty or the execution of legal process and reasonably believes the use of force is necessary to protect herself, himself, or another from imminent threat of serious bodily harm or death. [Res. 2022-062; Res. 2022-054].