Oregon
casino police - Answers
The following communications were sent
and received during August, 2005.
A Florence, Oregon resident asked the Oregon State Police, Lane County Sheriff,
and City of Florence Police, some
questions about the legal police powers of casino police
both on and off of casino property in Florence.
A Florence, Oregon resident asked the Oregon State Police, Lane County Sheriff,
and City of Florence Police, some
questions about the legal police powers of casino police
both on and off of casino property in Florence.
From: TD
August 4, 2005, 8:22 pm
Chief Lamm, Sheriff Burger, Superintendent Rueker:
Please see the Washington State article below.
I work with a number of community groups in the Florence area. People here in Florence are voicing a number of questions about the security guards/police at the casino. I am asking that one of your departments please issue some kind of statement to answer these questions - before a situation such as that described in the article below arises.
Here are some of the questions I've been hearing:
1. Are the security guards that are dressed like police at the casino really police, with the same formal training, legal responsibilities, and restrictions on their actions, etc. as City and County officers?
2. If a person is on the casino property, can the casino police arrest them if they think the person is doing something illegal?
3. When the casino police are driving on North Fork Road or Hwy 126, or other county or city roads, can they pull over people if they think they're doing something illegal, like speeding or turn signals not working, etc.?
4. Just which laws can the casino police enforce? State, Federal, County, City ???
5. Which laws govern the actions of the casino police?
6. If people think the casino police have done something illegal, who do they complain to? State Police, County Police, City Police, Governor?
Thank you for your time.
TD
- - - - - - -
Thursday, August 4, 2005
Respect Tulalips' authority, law says - Non-Indians should comply with Tulalip officers, officials say, trying to stem drivers' complaints.
By Diana Hefley and Scott North Herald Writers
TULALIP - The choice should be clear to anyone on the Tulalip Reservation, police and prosecutors say. If somebody in a police car wants you to pull over, do so without argument - regardless if you are a member of the Tulalip Tribes, a non-Indian resident or somebody just passing through.
In recent weeks, county and tribal officials have struggled to respond to people questioning the authority of tribal officers to stop non-Indians for traffic offenses. (Link to full article)
From: Bathke
August 5, 2005, 5:48 pm
As the Lieutenant in charge of the Tribal Gaming Section of the Oregon State Police, I will be responding to your questions on behalf of Superintendent Ron Ruecker.
The role of the State in dealing with the tribes is defined by the Gaming Compacts. As far as criminal jurisdiction, Article 5.A.1 of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (CTCLUSI) Compact specifies that:
"The State shall have criminal jurisdiction over offenses committed by or against Indians and non-Indians at the Gaming Facility; the criminal laws of the State shall have the same force and effect at the Tribal Gaming Facility as they have on non-Tribal lands within the State. Nothing in this Compact shall be interpreted to diminish the criminal jurisdiction of the United States."
Article 5.A.2. specifies: "If the Tribes authorizes the Tribal Court to hear criminal cases arising at the Gaming Facility, the Tribes and the State shall have concurrent criminal jurisdiction over offenses committed by Indians within the Gaming Facility and on the Tribal lands..."
Aticle 5.A.3. specifies: "The Tribes and the State agree that local law enforcement officials will provide the first response for criminal or public safety issues that are not related to the operation of gaming or that occur other than in the course of the play of games. As between OSP and local law enforcement officials, the OSP shall have exclusive authority to investigate violations of state criminal law related to the operations of gaming or that occur in the course of play of games."
Article 5.A.4. specifies: "If the Tribes establishes a law enforcement agency that is responsible to investigate criminal law violations at the Gaming Facility, the Tribes agrres that the State shall continue to have the authority to investigate possible violations of this Compact or other gaming regulatory matters. The Tribes and the State further agree that their respective law enforcement agencies will cooperate in any investigation that involves or potentially involves both criminal and regulatory violations."
Article 5.A.5. specifies: "The Tribes and the State agree to cooperate in the investigation and prosecution of any gambling crime committed at the Gaming Facility..."
Article 5.C. specifies: "Nothing in this Compact shall be construed to affect the civil or criminal jurisdiction of the State under Public Law #83-280. The Tribes and the State agree that the criminal laws of the State of Oregon that proscribe gambling activities shall apply to any person who engages in the proscribed activities if those activities are not conducted under
the authority of the Tribes as provided in this Compact and under IGRA."
For specific questions concerning the Tribal Police Department, please contact the CTCLUSI Police Department. The Chief of Police is Robert Miller. I believe he can be reached at phone 541-997-2830.
For information concerning what type of association, if any, exists between the Tribal Police Department and the Lane County Sheriff's Department, please contact either entity directly.
Thank you for your inquiry. It is my hope that this serves to either sufficiently answer your questions, or point you in a direction where the answers are available.
Al Bathke, Lieutenant, Oregon State Police, Tribal Gaming Section, (503) 378-6999 ext. 223
From: TD
August 7, 2005, 4:51 pm
Superintendent Rueker:
I must say I am quite disappointed, and a bit frightened, by the response to my questions I received from your office (see below).
The questions I have asked are not idle thoughts or inquiries. The casino police regularly travel city and county roads here in Florence, wearing clothing that looks like police uniforms, and driving vehicles that look like and are marked as police vehicles. A local newspaper article reported at least one occasion when casino police threatened a vehicle owner who was parked off of casino property, on Hwy. 126 right-of-way, with towing of their car if they didn't move it.
It appears your representative is basically telling me the only people who actually know how much police power the security guards at a casino have over non-tribal citizens - in or outside of the casino - on or off casino property - is the security guards themselves.
If this is the case - and the Oregon State Police do NOT know what kind of police power is vested in the casino security guards - I find this extremely disturbing. I would appreciate clarification, if possible.
TD
From: Bathke
August 8, 2005, 8:51 am
I am confused by your followup message. My earlier message indicated that you should contact the Lane County SO to determine if their is an agreement in place for the enforcing of law enforcement authority within Lane County by Tribal Police. If such agreement exists, they would have full police powers the same as any other law enforcement entity, at least to the extent of whatever the agreement entails. As this would be an agreement between the Tribe and the SO, if one exists, your best resource in making this determination is to contact the SO or Tribe directly.
Your reference of Security Guard is different from Tribal Police. I am making the assumption that you are referring to the Tribal Police who do have marked vehicles.
I have always found my interaction with the members of the Tribe whom I come into contact as being straight-forward and helpful. I believe you may enjoy the same results if you inquire. The same would hold true in contacting the Lane County Sheriff's Department.
Please do not hesitate to inquire if I can be of additional assistance.
Al Bathke, Lieutenant, Oregon State Police, Tribal Gaming Section, (503) 378-6999 ext. 223
From: Lamm
August 8, 2005, 9:17 am
Since you are asking for clarification about Tribal Law Enforcement and their authority to enforce State and local laws, I must refer you directly to the Confederated Tribes Chief Law Enforcement Officer, Bob Miller. His phone number is 997-2830. Respectfully.....Chief Lamm
From: TD
August 8, 2005, 10:19 am
Chief Lamm:
I find your response to my questions most disturbing. Are you telling me that you, as chief of police for the city of Florence, as the primary person responsible for law enforcement and the protection of citizens in your city, do not know the answers to these questions?
TD
From: TD
August 8, 2005, 11:51 am
Mr. Bathke:
Thank you for your prompt response. However, I still have unanswered concerns.
As to the terms 'casino security' and 'casino police', I assumed that since there are no tribal residences on the casino property here in Florence, that all the security personnel employed there were for the purpose of protecting the casino.
Since I have so far been unable to properly express my questions, I did a bit of research. I have found no indication that the casino police would have any authority whatsoever to conduct any type of police activity if they are not on the casino property. I have looked at the many definitions of "police" and "peace officer" in the Oregon Revised Statutes (ORS 181.610(14), 133.033(3),
ORS 801.395. None of these definitions include casino police such as those driving on our State and County highways and streets of Florence.
And yet you have stated that if the Lane County Sheriff's office has signed some kind of agreement with the casino police: "... they would have full police powers the same as any other law enforcement entity, ..." I hope you can understand my confusion.
I have not yet had any response to my questions from Lane County Sheriff's office.
Perhaps my earlier questions were over-broad and/or outside State Police jurisdiction. Could you please answer these two questions:
1. How would a State Police Officer respond if they saw a casino police car, driving on State Hwy. 101 here in Florence, turn on their flashing light but the Oregon citizen driver refused to pull over?
2. How would a State Police officer respond if they saw a citizen refusing to comply with orders issued by casino police, after having stopped the citizen on State Hwy. 101 here in Florence? Would they allow the casino police to proceed with physically forcing compliance?
It is difficult for me to understand how your officers will know how to react should these kind of situations arise, unless they have had direction from the Superintendant's office. I am hopeful the State Police will also provide the same level of direction to the citizens they protect, so that they, too, can respond appropriately during interactions with the casino police - on and off of tribal
lands.
Thank you,
TD
From: Burger
August 8, 2005, 11:13 am
Answers to your questions are below, please let me know if you need additional information.
Sheriff Russ Burger, Lane County Sheriff's Office
< Previously forwarded information deleted>
>1 . Are the security guards that are dressed like police at the casino really police, with the same formal training, legal
> responsibilities, and restrictions on their actions, etc. as City and County officers?
The confederated tribes have both security guards and Tribal Police. The Security guards have no police powers, the Tribal Police have been deputized by me to enforce state law on tribal property only. They have occasional problems with subjects using/selling drugs in the parking lot, committing vandalism, theft, etc. on their property. All Tribal Police over there are Oregon Department of Public Safety Standards and Training (DPSST) certified - meaning they are required to have all of the same training regular police officers in the state of oregon have.
> 2. If a person is on the casino property, can the casino police arrest them if they think the person is doing something illegal?
Yes
> 3. When the casino police are driving on North Fork Road or Hwy 126, or other county or city roads, can they pull over people > if they think >they're doing something illegal, like speeding or turn signals not >working, etc.?
Their authority to enforce state law is limited to Tribal property, unless I ask them (and deputize them) for assistance elsewhere.
>4. Just which laws can the casino police enforce? State, Federal, >County, City ???
All of the above, as well as Tribal Code.
>5. Which laws govern the actions of the casino police?
The same ones that apply to Federal, State and Local Officers/Deputies.
> 6. If people think the casino police have done something illegal, who do they complain to? State Police, County Police,
> City Police, Governor?
The Chief Law Enforcement Officer for the confederated tribes of Coos, Lower Umpqua, & Siuslaw Indians is Bob Miller. He would be your first contact. If that doesn't work, you may contact me.
From: TD
August 8, 2005, 12:09 pm
Sheriff Burger:
Thank you for your response. I particularly appreciate you sharing the information with both the
Oregon State Police and City of Florence Police, as they apparently were unaware of the answers
to these questions.
TD
From: Lamm
August 8, 2005, 12:24 pm
...To the contrary, your questions were viable and direct. I thought you might appreciate hearing the answers "directly from the horses mouth" so to speak. The Tribal Chief Law Enforcement Officer, Bob Miller, is retired Oregon State Police, and since your questions were directed at his present command, I again assumed you might appreciate his direct response. Incidentally, I concur with Sheriff Burger's answers. Respectfully, Chief Lamm
From: Miller
August 8, 2005, 1:24 pm
By way of introduction, I'm Bob Miller, Chief of Police of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Police Department. Prior to coming to the Tribes I served the Citizens of Oregon as a member of the Oregon State Police for 26 years. I retired in 2003 in the rank of Captain.
The Confederated Tribes Police Department is a part of the Tribes governmental services and exists to provide law enforcement services on properties owned by the Tribes. Since the property outside the city limits of Florence are Tribal lands the Triba Police provides law enforcement services. We also provide police services for properties in Coos County as well. Our officers do
not patrol roads or highway that are not on Tribal property.
In addition to the Police Department, there exists a Security Services Division which provides security services at the Three Rivers Casino near Florence.
If your questions have not been answered by Sheriff Burger to your satisfaction, please feel free to contact me directly. I appreciate that not all folks are familiar with Tribal Police authority or for that matter, Tribal Governments in general. I have had the unique opportunity to research this issue from both perspectives. One of my responsibilities as a Captain with the Oregon State
Police was to function as the agencies Tribal liaison officer. Therefore, I had the good fortune to work very closely with all nine federally recognized tribes in Oregon.
Sincerely, Bob Miller, Chief of Police, 541-997-2830
From: TD
August 8, 2005, 3:09 pm
Thank you.
TD
From: TD
August 8, 2005, 3:20 pm
Thank you for your response.
TD
From: Bathke
August 10, 2005, 5:42 pm
In answer to your two questions, our members actively engaged in patrol that come upon a uniformed police officer on State Hwy 101 who requests / needs assistance would provide such assistance as required to render the situation under control and prevent risk of injury to any/all parties involved. Any circumstances concerning jurisdiction may be second nature, depending upon the situation, and sorted out after the incident is brought under control.
Question #1 is difficult to answer with more specificity without knowledge of why the Tribal Police is trying to pull the vehicle over; is this an elude versus continuation of driving; speeds involved; etc.
Again, this is in answer to your inquiry and with the assumption that you are referencing Tribal Police, and not casino security guards.
Al Bathke, Lieutenant, Oregon State Police, Tribal Gaming Section, (503) 378-6999 ext. 223
From: TD
August 19, 2005, 4:12 pm
Mr. Bathke:
I perceive the response to my questions that you have provided as purposefully misleading and intentionally evasive. The fact that you work in the "Tribal Gaming Section" also gives me pause - My questions have had nothing to do with legal or illegal activities about gambling in tribal casinos. So I am at a loss to understand why you were (I assume) assigned to answer my questions, especially since it appears you did not have a clear understanding of the limitations placed on tribal police which work at the casino in Florence.
Perhaps you had not seen the e-mail from Lane County Sheriff Berger. He stated, fairly unequivocably: "Their authority to enforce state law is limited to Tribal property, unless I ask them (and deputize them) for assistance elsewhere."
The concerns which I expressed to Superintendent Ruecker were not based upon idle hypothetical contemplation. As I indicated in an earlier e-mail, a local newspaper reported last year that citizens who were NOT on casino (or tribal) property: "He said that, on Wednesday, tribal police had threatened to arrest them and impound their vehicles." See: (http://www.teloflex.com/pact/news-040410-unionpicket.html)
This is a pretty clear indication to me that there are at least some tribal police who, in spite of the training they have received in order to qualify as Sheriff Berger explained, do not understand the limitations on their powers here in Lane County.
Your communications have led me to believe that the Oregon State Police are either unaware of this restriction in Lane County, or do not want the public to know that there are people driving around our city streets that look and act like police, but are not really police if they are off of casino property.
I believe the residents of Oregon have every right to expect that all Oregon State Police Officers have been fully briefed about the limitations on tribal representatives' police power. After all, as the casino property is outside city limits, it is Oregon State Police who could be first responders, and be expected to prevent abuses such as occured here in Florence.
I also believe it would be appropriate to advise the public, in hopefully a more forthright manner than you have chosen to use with me, so that further unfortunate situations can be prevented.
This situation was, and is, very frightening to people living in Florence. There are people dressed like police, act like police, drive in vehicles that look like police vehicles, and threaten citizens with arrest and impoundment - who, unlike our state, county and city police, are answerable only to a separate 'sovereign' government - and NOT answerable to the general public who live in Florence. According to Sheriff Berger, tribal police are not law enforcement officers or police officers once they leave the casino property.
I know that the Oregon State Police have no control over a situation that has been created by politicians. I wanted you to understand why the people in Florence need to know that there is at least some protection from inappropriate weilding of 'police power' - and that they can still look to an Oregon State Police Officer for protection, if need be.
What I would like to see from the OSP is a clear statement - such as that which I received from Lane County Sheriff Berger - to both the State Police officers working in this area and the public in general, about the limitations on police powers which can be exercised by the tribal police which work at the casino in Florence.
TD
From: Bathke
August 19, 2005, 5:32 pm
It is regrettable that you apparently do not understand my responses to your inquiries. I previously provided you the language under the Tribal / State Gaming Compact that defines jurisdiction between the Tribe and the State for the casino. I have tried to make it clear that Tribal Police have authority on tribal lands (of which the casino is part), and that if there is an agreement with the Sheriff's Office, that authority could extend to whatever authority appointed by the Sheriff that is off of tribal lands but within that particular county. I referred you to Sheriff Berger of Lane County, of which Florence is a part, and it appears he has answered your inquiry. Although our local members would be aware of any police power off of tribal lands, if any, that is appointed by the Sheriff to the Tribal Police, I referred you to the best sources of this information, the Tribal Police Chief (Bob Miller, ph/541-997-2830), and Sheriff Berger.
Please understand that if a circumstance were to occur off of tribal land wherein an individual dressed or representing themselves as a police officer who in fact was not a police officer, or was a police officer acting outside of their jurisdiction; were this member to become engaged in an altercation wherein we were called to respond, upon responding we would take the appropriate action. Our response would be similar regardless of whether that individual were representing a tribe or was not.
I have read the example you provided and am unsure how this single incident that occurred in April 2004 would cause the level of concern you seem to express. Were there any arrests and/or vehicles towed? If so, was a distinction made as to whether or not this occurred on tribal land, or off? Are there other incidents of this type? I do not personally know of any incidents involving the CTCLUSI Tribal Police that has resulted in an allegation of inappropriately using or exceeding police authority.
I am not sure how/why you find my answers evasive and/or misleading. I am also curious as to why my position in the Tribal Gaming Section should cause you "pause." However, it is my hope that this last response will help to clarify this situation. If not, I am again including my direct phone number, as I have with each previous response,and would welcome the opportunity to discuss this further with you.
Al Bathke, Lieutenant, Oregon State Police, Tribal Gaming Section, (503) 378-6999 ext. 223
From: Rueker
August 22, 2005, 11:20 am
Tribal police officers are not peace officers under Oregon law. Therefore, they have no police authority on non-tribal land. As explained by Sheriff Berger, the only exception would be by intergovernmental agreement (deputization) with an Oregon law enforcement agency.
Sincerely yours, Ronald C. Ruecker, Superintendent, Oregon Department of State Police
From: TD
August 23, 2005, 9:59 am
Superintendent Ruecker:
Thank you, sir. I appreciate your forthright response very much.
TD
Webkeeper's Note:
In February, 2006, the Florence casino tribe adopted a new "tribal law":
"Any person who violates the provisions of this Code is deemed to have consented to the jurisdiction of the Tribal Court and may be subject to a civil penalty in Tribal Court for a civil infraction.
Such civil penalty shall not exceed the sum of one thousand dollars ($1,000) for each such infraction, provided, however, that the penalty shall not exceed five thousand dollars ($5,000) if it involves minors."
(February 2006)
Note: When the casino property was "restored", the tribal government which owns this casino was specifically denied criminal or civil jurisdiction, or hunting, fishing or trapping rights on reservation lands. (25 U.S.Code 714a and 25 U.S. Code 714e)
Related Links: