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Tribal Law Enforcement Agencies

Tribal law enforcement agencies have two unique legal requirements within their agency operations. The first deals with enforcement of Wisconsin statutes, and the second involves mutual aid agreements.

Enforcement of Wisconsin Statutes

Section 165.92 of the Wisconsin Statutes specifies the conditions under which tribal law enforcement officers may exercise the same powers to enforce Wisconsin state laws and make arrests for violations of such laws as possessed by other certified law enforcement officers in this state.

One of the statutory requirements is that the tribal government must either: (1) have in effect a resolution waiving the tribe's sovereign immunity to the extent specified in Wis. Stat.  165.92(3m)(a)1.; or (2) maintain liability insurance that meets the specific conditions enumerated in Wis. Stat. § 165.92(3m)(a)2. Proof of satisfaction of this requirement must be submitted to the Wisconsin Department of Justice, which shall post notice of such compliance on WILENET.

The following tribes in Wisconsin have submitted documentation that has been found by the Department of Justice to satisfy the requirements of Wis. Stat. § 165.92(3m)(a):
 

  • Ho-Chunk Nation
    1. An April 5, 2011, resolution by the Ho-Chunk Nation Legislature waiving the Nation's sovereign immunity to the extent necessary to allow enforcement in Wisconsin courts of any liability of the Nation under Wis. Stat. § 66.0513; and proof of insurance coverage for law enforcement liability that satisfies all of the other requirements enumerated in Wis. Stat. § 165.92(3m)(a)2.
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians
    1. An October 27, 2003, resolution by the Lac Courte Oreilles Tribal Governing Board waiving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
  • Lac du Flambeau Band of Lake Superior Chippewa Indians
    1. A February 13, 1995, resolution by the Lac du Flambeau Tribal Council waiving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
  • Oneida Tribe of Indians of Wisconsin
    1. A September 3, 2008, resolution by the Oneida Business Committee waiving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
  • Red Cliff Band of Lake Superior Chippewa
    1. A November 7, 2011, resolution by the Red Cliff Tribal Council waiving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
    2. Letter giving notice of satisfaction of statutory requirements [link] 
  • St. Croix Chippewa Indians of Wisconsin
    1. An August 8, 2003, resolution by the St. Croix Tribal Council waiving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
  • Sokaogon Chippewa Community
    1. Proof of insurance coverage waving the tribe's sovereign immunity to the extent necessary to meet the requirements of Wis. Stat. § 165.92.
  • Stockbridge-Munsee Community (Mohican Nation Stockbridge–Munsee Band)
    1. A May 20, 2014 resolution by the Stockbridge-Munsee Tribal Council waiving the Nation's sovereign immunity to the extent necessary to allow enforcement in Wisconsin courts of any liability of the Nation under Wis. Stat. § 66.0513; and proof of insurance coverage for law enforcement liability that satisfies all of the other requirements enumerated in Wis. Stat. § 165.92(3m)(a)2.

Note: Any of the above tribal documentation submitted to the Wisconsin Department of Justice prior to May 20, 2010, may require updating to correspond to the current version of Wis. Stat. § 165.92.

Law Enforcement Mutual Assistance

Section 66.0313 of the Wisconsin Statutes governs mutual assistance among law enforcement agencies in this state. The statute, as amended on May 21, 2010, includes specific conditions under which tribal law enforcement agencies may request and receive such mutual aid.

Per § 66.0313(4), "A Law enforcement agency, other than a tribal law enforcement agency, may not respond to a request for assistance from a tribal law enforcement agency at a location outside the law enforcement agency's territorial jurisdiction unless all of the following apply:

(a)  One of the following applies:

1.    The governing body of the tribe that created the tribal law enforcement agency adopts and has in effect a      resolution that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under sub. (2) and s. 66.0513 or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe’s liability under sub. (2) and s. 66.0513.

2.    The tribal law enforcement agency or the tribe that created the tribal law enforcement agency maintains liability insurance that does all of the following:

a.    Covers the tribal law enforcement agency for its liability under sub. (2) and s. 66.0513.

b.    Has a limit of coverage not less than $2,000,000 for any occurrence.

c.     Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.

3.    The law enforcement agency and the tribal law enforcement agency have in place an agreement under which the law enforcement agency accepts liability under sub. (2) and s. 66.0513 for instances in which it responds to a request for assistance from the tribal law enforcement agency.

(b)  The tribal law enforcement agency requesting assistance has provided to the department of justice a copy of the resolution under par. (a) 1., proof of insurance under par. (a) 2., or a copy of the agreement under par. (a) 3., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.”

The following tribes in Wisconsin have submitted documentation that has been found by the Wisconsin Department of Justice to satisfy the requirements of Wis. Stat. § 66.0313(4)(a):

  • Stockbridge-Munsee Community (Mohican Nation Stockbridge–Munsee Band)
    1. Proof of insurance coverage and a May 20, 2014, resolution by the Stockbridge-Munsee Tribal Council that meet the requirements of Wis. Stat. § 66.0313.
    2. Notice of satisfaction of statutory requirements