Section 114. St

Regis  Mohawk  tribal  police.  1.  By  notifying  the
  superintendent of state police, the St. Regis Mohawk tribal council  may
  establish  a  St.  Regis Mohawk Tribe police department employing police
  officers appointed in accordance with this section.
    a. At the time of the establishment of the tribal  police  department,
  and  together  with  each  application  under  subdivision  two  of this
  section, the tribal council must provide to the superintendent of  state
  police,  and at all times during the existence of such police department
  and during the tenure of any police officer appointed under  subdivision
  two  of this section, the tribal council must maintain in full force and
  effect, a waiver of sovereign immunity providing as  follows:  "The  St.
  Regis  Mohawk  Tribe hereby waives its sovereign immunity from liability
  and action in New York state and  federal  courts,  and  hereby  assumes
  liability  and  consents  to have the same determined in accordance with
  the same rules of law as applied to actions  against  municipalities  of
  the  state  of  New York; provided that this waiver applies to liability
  for acts or omissions of officers appointed  under  subdivision  two  of
  this  section  and other police department employees occurring while the
  officer or employee was acting within the scope of his or her employment
  or duties, and to the  provision  of  a  defense  for  such  officer  or
  employee  accused  of such acts or omissions. This waiver shall apply to
  each such act or omission, whether or not legal action based on the  act
  or omission is brought after a revocation of this waiver."
    b.  The  St.  Regis  Mohawk  Tribe  shall  provide  for the defense of
  officers appointed under subdivision  two  of  this  section  and  other
  employees  of  the  police department in any civil action or proceeding,
  state or federal, arising out  of  any  alleged  act  or  omission  that
  occurred  or allegedly occurred while the officer or employee was acting
  within the scope of his or  her  employment  or  duties.  This  duty  to
  provide  for  a  defense  shall  not  arise  where  such civil action or
  proceeding is brought by or at the behest of the St. Regis Mohawk Tribe.
    (i) The St. Regis Mohawk  Tribe  shall  indemnify  and  save  harmless
  officers  appointed  under  subdivision  two  of  this section and other
  police department employees in  the  amount  of  any  judgment  obtained
  against  such  officers  or employees in a state or federal court, or in
  the amount of any settlement of  a  claim,  provided  that  the  act  or
  omission  from  which  such  judgment  or claim arose occurred while the
  officer or employee was acting within the scope of his or her employment
  or duties.
    (ii) The duty to  indemnify  and  save  harmless  prescribed  by  this
  subdivision shall be conditioned upon the timely notification to the St.
  Regis  Mohawk  Tribe of the commencement of the action or proceeding and
  upon the full cooperation of the officer or employee in the  defense  of
  such  action  or  proceeding  and in defense of any action or proceeding
  against the St. Regis Mohawk Tribe based upon the same act or  omission,
  and in the prosecution of any appeal.
    (iii)   At  the  time  of  the  establishment  of  the  tribal  police
  department, and together with each application under subdivision two  of
  this  section,  the tribal council must provide to the superintendent of
  state police evidence of procurement of, and at  all  times  during  the
  existence  of  such  police department the tribal council and during the
  tenure of any police officer appointed under  subdivision  two  of  this
  section,  must  maintain  in  full  force and effect at its own cost and
  expense,  a  liability  insurance  policy  from  any  insurance  company
  authorized  by law to transact business in this state, against liability
  imposed by the provisions of this section. The minimum liability  limits
  of  such  policy  shall be five million dollars ($5,000,000) for any one
  occurrence.

    (iv) The St. Regis Mohawk Tribe shall indemnify and save harmless  the
  state  of  New York and employees of the state of New York as defined in
  section seventeen of the public  officers  law  in  the  amount  of  any
  judgment  obtained  against  the  state  or such employees in a state or
  federal court, or in the amount of any settlement of a claim approved by
  the  tribal  council,  provided that the act or omission from which such
  judgment or claim arose was committed by any  police  officer  appointed
  under  subdivision  two  of this section or other employee of the tribal
  police department and occurred while the officer or employee was  acting
  within the scope of his or her employment or duties.
    2.  Upon  the  application of the St. Regis Mohawk tribal council, the
  superintendent of state police  may  appoint  any  person  as  a  police
  officer  with  all  powers  provided  for in the criminal procedure law,
  except for those powers specifically excepted by this section,  for  the
  preservation  of  order  and  of the public peace, and the arrest of all
  persons  committing  offenses  upon  the   St.   Regis   Mohawk   tribal
  reservation. The total number of appointments shall be determined by the
  superintendent in his or her discretion.
    3. Such application shall be in writing, specifying the name, age, and
  address of each person for whom an appointment is sought.
    4.  The superintendent shall cause an investigation to be conducted of
  the character, qualifications and fitness of each proposed appointee and
  no person whom such investigation shows to be, in  the  opinion  of  the
  superintendent,  other  than  of  good  moral character shall receive an
  appointment under this section.
    5. The  superintendent  shall  obtain  two  sets  of  the  applicant's
  fingerprints  for  purposes  of  determining the criminal history of the
  applicant. One set of fingerprints shall be  sent  to  the  division  of
  criminal  justice  services  to  identify the applicant and to conduct a
  criminal history records search of the division's New York  state  files
  to  determine  whether  or  not such applicant has a criminal history in
  this state. The other set of  such  applicant's  fingerprints  shall  be
  forwarded  to  the  federal bureau of investigation for the purpose of a
  nationwide criminal history  record  check  to  determine  whether  such
  applicant  has  a criminal history in any state or federal jurisdiction.
  The division of criminal justice services shall  promptly  transmit  the
  reports   of   the   New  York  state  criminal  record  search  to  the
  superintendent.  The  federal  bureau  of   investigation   reports   of
  nationwide  criminal  records  searches  shall  be  transmitted  to  the
  superintendent by the most direct means authorized by federal law, rules
  and regulations.
    6. No person shall commence duties as  a  police  officer  under  this
  section  unless  and  until  the  St.  Regis Mohawk tribal council shall
  certify to the superintendent of state police, and the superintendent is
  so satisfied, that the proposed appointee has  met  the  minimum  police
  training standards as determined by the superintendent.
    7.  The  superintendent  of state police shall file the certificate of
  appointment of any such person in the office of the department of state,
  and shall forthwith notify the person appointed, by mail, at the address
  specified in the application, that the certificate has  been  so  filed.
  Each such person shall, within fifteen days after such certificate shall
  have been filed, and before entering upon the duties of the office, take
  and  subscribe  the  constitutional  oath  of office, and file it in the
  office of the department of  state.  The  home  address  of  the  person
  appointed  shall  appear in the certificate of appointment, and whenever
  such address is changed the St. Regis Mohawk tribal council  shall  file
  with the superintendent of state police a statement of the new address.

    8.  A  person appointed a police officer under this section shall only
  be permitted to exercise the duties or functions  of  a  police  officer
  within  the  county of Franklin, and within that county, only within the
  boundary of the St. Regis reservation;  except  that  such  officer  may
  follow  a  person  for whom he or she has the authority to arrest on the
  reservation in continuous close pursuit, commencing on the  reservation,
  in  and  through  any county of the state, and may arrest such person in
  any county in which the officer apprehends him or her.
    9. A person appointed a police officer under this section shall be  an
  employee  of  the  St.  Regis  Mohawk Tribe and shall not be an officer,
  agent, servant or employee of the state or any subdivision thereof.  The
  compensation of every such police officer shall be such as may be agreed
  upon  between  the  officer  and the St. Regis Mohawk tribal council and
  shall be paid by the St. Regis Mohawk tribal council.
    10. When the St. Regis Mohawk  tribal  council  no  longer  employs  a
  police officer appointed under this section it shall file notice to that
  effect  with the superintendent of state police and in the office of the
  department of state, and thereupon such appointment shall be terminated.
    11. The superintendent of state police may also at pleasure revoke  or
  suspend the appointment of any such police officer by filing a notice of
  suspension  or  revocation  thereof  in  the office of the department of
  state and mailing a notice of such filing to the St. Regis Mohawk tribal
  council, and also to  the  person  whose  appointment  is  suspended  or
  revoked,  at  the  officer's address as it appears in the certificate of
  appointment or the latest statement thereof on file. An appointment  may
  be  restored  by  the  superintendent  upon  the filing of a restoration
  notice to the department of state, the person  suspended,  and  the  St.
  Regis Mohawk tribal council.
    12. If such person thereafter, knowing of such revocation or having in
  any  manner  received  notice thereof, exercises or attempts to exercise
  any of the powers of a police officer, under this section,  such  person
  shall be guilty of a misdemeanor. The filing and mailing of such notice,
  as  above  provided, shall be presumptive evidence that such person knew
  of the revocation.
    13. The superintendent shall  revoke  the  appointments  of  all  such
  police  officers,  by the process provided in subdivision eleven of this
  section, if the tribal council fails  to  maintain  in  full  force  and
  effect  the  waiver  of  sovereign  immunity and the policy of insurance
  specified in subdivision one of this section.
    14.  The  superintendent  is  authorized  to  promulgate   rules   and
  regulations to effectuate the provisions of this section.