WINNEBAGO TRIBE OF NEBRASKA

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P.O. Box 687 • Winnebago, Nebraska 68071 • PH: 402-878-2272 • Fax: 402-878-2963

Visit us at: www.winnebagotribe.com

RESOLUTION# 25-194

AMENDMENTS TO THE WINNEBAGO TRIBAL CODE

ADOPTION OF TITLE 3, ARTICLE 16

WINNEBAGO PUBLIC SAFETY COMMISSION CODE

WHEREAS, the Winnebago Tribe of Nebraska is a federally recognized Indian Tribe organized

pursuant to Section 16 of the Act of June 18, 1934 (48 Stat. 984), (25 U.S.C. §

5123) as amended by the Act of June 15, 1935, (49 Stat. 378); and

WHEREAS, pursuant to Article III of the Winnebago Tribal Constitution, the governing body

of the Tribe shall be the Tribal Council; and

WHEREAS, pursuant to Article IV Section 1(c) of the Winnebago Tribal Constitution, and its

inherent powers of self-government, the Tribal Council is vested with the power,

inter a/ia, "To safeguard and promote the peace, safety, morals, and general welfare

of the Tribe"; and

WHEREAS, pursuant to Article IV Section l(p) of the Winnebago Tribal Constitution, and its

inherent powers of self-government, the Tribal Council is vested with the power,

inter alia, "To protect and preserve the property, wildlife and natural resources of

the Tribe"; and

WHEREAS, pursuant to Article IV Section 1(q) of the Winnebago Tribal Constitution, and its

inherent powers of self-government, the Tribal Council is vested with the power,

inter a/ia, "To promulgate and enforce statutes governing the conduct of persons

located within or passing through the Reservation and providing for maintenance

of law and order and the administration of justice"; and

WHEREAS, in order to safeguard life, health, and property and to promote the public welfare,

the Winnebago Tribe of Nebraska has determined it necessary to adopt a new Title

3, Article 16 entitled Winnebago Public Safety Commission Code.

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council hereby adopts Title 3 Article

16 of the Winnebago Tribal Code by adopting the attached Winnebago Public

Safety Commission Code; and

BE IT FINALLY RESOLVED, that this adoption of Title 3, Article 16, Winnebago Public Safety

Commission Code shall be effective upon adoption of this Resolution.

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TITLE 3, ARTICLE 16

TITLE 3

ARTICLE 16

WINNEBAGO PUBLIC SAFETY COMMISSION CODE

3-1600

3-1601

3-1603

3-1604

3-1605

3-1606

3-1607

3-1608

Establishment

Purpose and Policy

Source of Authority

Definitions

Winnebago Public Safety Commission

Commission Meetings

Appointment of Commissioners

Commissioner Requirements and

Qualifications

3-1609

3-1610

3-1611

3-1612

3-1613

3-1614

3-1615

Confidentiality

Conflicts of Interest

Removal of Commissioners

Complaints

Commission Hearings

Severability

Repealer

3-1600 Establishment. The Winnebago Public Safety Commission is hereby established as the

independent law enforcement oversight authority of the Winnebago Tribe of Nebraska.

3-1601 Purpose and Policy. The purpose of the Commission is to provide performance and regulatory

oversight of Tribal law enforcement and to act as the liaison between the community, law enforcement, and

the Tribal government providing transparency, advice and advocacy for effective policies and protocols

that will help reduce crime and increase safety and justice on Tribal Lands.

It shall be the policy of the Commission to:

Support the Winnebago Tribe of Nebraska's goal of self-sufficiency and sovereignty through the

implementation and enforcement of Tribal laws and regulations;

Provide the community with a professional and effective law enforcement agency that is responsive

and respectful while serving the community;

Strengthen the relationship between the community and the police by providing an accessible and

credible complaint review process and increasing the community's confidence in the Department;

and

Provide an open and independent forum for the community to express concerns about police

conduct.

3-1603 Source of Authority. The Winnebago Tribe of Nebraska (“Tribe”) has both constitutional and

inherent sovereign authority to govern and provide for the health and safety of its members, residents,

visitors and territory, and through that authority has enacted this code and created the Winnebago Public

Safety Commission (“Commission”).

3-1604 Definitions. This section shall govern the definitions of words and phrases as used herein. All

words not defined herein shall be used in their ordinary and everyday sense.

“Chief of Police” shall mean the highest-ranking law enforcement officer of the Winnebago Police

Department.

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“Commission” shall mean the Winnebago Public Safety Commission.

“Commissioner” or “Member” shall mean a duly appointed member of the Winnebago Public

Safety Commission.

“Department” shall mean the Winnebago Police Department.

“Law Enforcement Agency” shall mean an agency responsible for enforcing the laws of the

Winnebago Tribe of Nebraska, and any other applicable law, including but not limited to the

Winnebago Police Department.

“Personnel” shall mean all civilian personnel of the Department.

“Police Officer” or “Law Enforcement Officer” shall mean a qualified and sworn member of the

Winnebago Police Department who meets all qualifications for a law enforcement officer,

including accepted professional training and experience, state or federal certification, which

includes but is not limited to, satisfactory background investigation, psychological evaluation, drug

testing, and police firearms certification.

“Reasonableness Standard” means the standard of review which requires the Tribal Court to uphold

the decision of the Commission if it falls within a range of acceptable or defensible outcomes; the

court doesn’t substitute its own judgement for that of the Commission, rather the Tribal Court

assesses whether the agency’s decision is justified, transparent and intelligible.

“Tribal Council” shall mean the Winnebago Tribal Council.

10.

“Tribal Lands” shall mean all lands over which the Winnebago Tribe of Nebraska exercises

jurisdiction.

11.

“Tribal Police” shall mean the Winnebago Police Department.

12.

“Tribe” shall mean the Winnebago Tribe of Nebraska.

3-1605

Winnebago Public Safety Commission

The Winnebago Public Safety Commission shall be responsible for and empowered to do the following:

Appoint, discipline, or remove the Chief of Police of the Winnebago Police Department, however

the Chief of Police shall manage the daily operations of the Department;

Adopt, modify, and repeal rules governing eligibility for appointment and promotion of Law

Enforcement Officers;

Formulate, review and recommend for adoption by the Tribal Council policies, practices, orders,

regulations and procedures for the government, discipline, administration and conduct of the

Department and of its members;

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Review all reports and audits conducted by the Department, Bureau of Indian Affairs, or any other

entity's reports or audits that are submitted to the Chief of Police;

Hear formal disciplinary charges filed against the Chief of Police, make findings and

determinations, and impose penalties, up to and including termination;

Adopt rules governing the Commission’s management of its own activities, including but not

limited to bylaws and hearing procedures;

Review and forward to the Winnebago Tribal Council for its approval agreements such as crossdeputization, dispatch function and mutual aid agreements which are made between the Department

and other agencies;

Approve the Winnebago Tribal Law Enforcement Manual.

Review and recommend the Department's annual proposed budget to the Tribal Council;

10.

Review all summaries of use of force incidents, after investigations are complete. The summary

shall include badge numbers of officers involved, circumstances of incidents, such as an officer

involved shooting, and final determinations of investigation. The Commission shall identify

patterns and trends and adjust policies and procedures and training when appropriate based on this

review;

11.

Work towards increasing public awareness of the Commission and the Police Department to

include providing public notice of its monthly meetings, provided that all hearings involving ongoing investigations or internal department personnel matters shall be held in executive (closed)

session;

12.

Provide a monthly report to the Tribal Council to include but not be limited to statistics on the

number of complaints and disciplinary actions it has heard, and any other issues the Commission

or the Tribal Council may deem important and appropriate;

13.

For any reason, may appoint an independent auditor to address a particular complaint or

investigation;

14.

Conduct a yearly evaluation of the Department and may hire an outside evaluator to assist with the

review, and submit an annual report to the Tribal Council;

15.

Conduct a yearly evaluation of the Chief of Police; and

16.

May have the services of its own contract attorney, separate from the Tribe's Legal Counsel, during

disciplinary hearings to avoid any conflict of interest. Payment for the services of any contract

attorney shall be included in the Commission's annual budget.

17.

Shall be paid a reasonable stipend as determined by the Tribal Council.

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3-1606

Public Safety Commission Meetings

The Commission shall meet at least once a month. The public may participate in a portion of the

monthly meeting, except when the Commission is in executive session. The public portion of any

meeting may include but is not limited to the following:

A report by the Chief of Police, including statistics of the number of incidents responded to in the

prior month, the types of calls, any public service performed by the Police Department, and the

number of complaints filed and investigated.

Review of any policies and procedures;

Any comments from the public.

Appointment of Commissioners.

3-1607

The Winnebago Tribal Council shall appoint five (5) members to the Winnebago Public Safety Commission

for staggered five (5) year terms. Commissioners may serve no more than three (3) consecutive terms. The

initial Commission shall be appointed as follows:

One (1) member shall be appointed for a five (5) year term.

One (1) member shall be appointed for a four (4) year term.

One (1) member shall be appointed for a three (3) year term.

One (1) member shall be appointed for a two (2) year term.

One (1) member shall be appointed for a one (1) year term.

Thereafter, each subsequent term shall be for a period of five (5) years, and each Commissioner shall serve

until his/her successor is appointed by the Tribal Council.

3-1608

Commissioner Requirements and Qualifications

The following are membership requirements for serving on the Winnebago Public Safety Commission:

Shall be a member of the Winnebago Tribe of Nebraska;

Must be 25 years of age or older;

Must complete a satisfactory background investigation. The following would prohibit any person

from serving on the Winnebago Public Safety Commission:

A felony conviction under 18 U.S. Code 1153, or an equivalent crime under the laws of

any state;

A felony arrest which results in a misdemeanor conviction due to a plea arrangement;

A conviction of a violation that could bring discredit to the Commission;

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Must submit to drug testing prior to appointment and be subject to random drug testing.

Must not be an employee of the Winnebago Police Department;

Shall attend required meetings and training;

Must be a person of good standing in the community; and

Must be committed to the improvement and provision of police services for the Tribe.

3-1609 Confidentiality. Commissioners shall not reveal any confidential information regarding

personnel matters, investigations, and disciplinary hearings. Unauthorized sharing of confidential

information shall result in the removal from the Commission.

Conflicts of Interest

3-1610

In the event a Commissioner has a conflict of interest on a particular issue, he or she shall recuse himself

or herself from the matter entirely, including deliberation and decision-making. If the Commissioner fails

to recuse himself or herself and the conflict of interest is apparent to the remaining commissioners, they

shall remove him or her from the meeting by majority vote and may recommend termination from the

Commission to the Tribal Council.

Removal of Commissioners

3-1611

The Commission may recommend termination of a member from the Commission to the

Winnebago Tribal Council for:

Failure to fulfill duties and responsibilities, including failure to recuse oneself in the case

of a conflict of interest;

Conduct which could jeopardize the reputation of the Winnebago Tribe of Nebraska, the

Winnebago Public Safety Commission, or the Winnebago Tribal Police;

Any change in status which would place the Commissioner in conflict with the

qualifications specified herein; and

Violation of the confidentiality of closed hearings or any other unauthorized disclosure of

confidential information;

Commission recommendations for a member’s termination from the Commission must be

determined by a majority vote of members in attendance at a Commission meeting with quorum.

The Winnebago Tribal Council shall have the authority to remove a Commissioner by a majority

vote of the Tribal Council.

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3-1612

Complaints

The Commission shall not solicit complaints from the public, however, it shall make complaint

forms accessible to the public and ensure the public knows the complaint process and where to

submit a complaint form.

Any person may file a written complaint against a Law Enforcement Officer with the Chief of

Police, or his or her designee, who shall investigate the complaint.

The Chief of Police, or his or her designee, may invite the Law Enforcement Officer to

agree to an informal resolution to the complaint which shall be reduced to a writing that

waives any right to an appeal and that outlines the discipline to be imposed.

If the Chief of Police, or his or her designee, determines that an informal resolution is

inappropriate, the Chief of Police or his or her designee, may bring formal disciplinary

charges against the Law Enforcement Officer.

The Commission shall investigate any complaints against the Chief of Police and may bring formal

disciplinary charges against the Chief of Police. If the Commission determines it is necessary, an

independent investigator may be retained and appointed to assist in the investigation of complaints

against the Chief of Police.

Law Enforcement Officers and Personnel may also make any complaints about working conditions

to the Commission and no disciplinary action may be taken against a Law Enforcement Officer or

Personnel for making such a complaint.

Commission Hearings

3-1613

When formal disciplinary charges have been brought against the Chief of Police, the Commission

shall conduct a hearing.

The Commission shall adopt hearing procedures to be used for the conduct of all hearings, and

which shall be adopted by the Commission within thirty (30) days of the adoption of this Act.

The Commission may have legal counsel or a hearing examiner facilitate the conduct of any

hearing.

The Commission shall arrange for a court reporter to record and transcribe all proceedings.

The Commission shall have the authority to subpoena witnesses.

The Commission shall render a decision by a majority vote.

The decision of the Commission may be appealed to the Tribal Court, which shall review the

Commission’s decision based on a Reasonableness Standard.

The Chief of Police, when subject to a formal disciplinary charge, shall have the following rights:

The right to notice of the charge(s) that have been made, as well as actions or consequences

if the charge is sustained;

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The right to a hearing to respond to the charges;

The right to legal representation at his or her own expense; and

The right to present evidence and argue his or her view of the facts and circumstances of

the case.

3-1614 Severability. Should a provision of this law or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

3-1615 Repeal. All other Winnebago laws, codes, policies, regulations, rules, resolutions, motions and

all other similar actions which are inconsistent with this code are hereby repealed unless specifically reenacted after adoption of this code.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.