9 CRR-NY 468.3NY-CRR
9 CRR-NY 468.3
9 CRR-NY 468.3
468.3 Establishment of Tribal Police Department.
(a) If the Tribal Council decides to establish a police department pursuant to section 114 of the Indian Law, it must provide to the superintendent a written notice of such establishment. The notice shall be delivered personally or by certified or registered mail to the Superintendent at Division Headquarters.
(1) The notice must specify the date on which the Tribal Police Department is established.
(2) The notice must indicate the primary business address of the Tribal Police Department.
(3) The notice must include an effective waiver of sovereign immunity, stating the following without condition or proviso:
“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 section 114 of the Indian Law 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.”
(4) The notice must contain a certificate demonstrating the procurement of a liability insurance policy from an insurance company authorized by law to transact business in New York against liability specified in section 114 of the Indian Law. The minimum liability limit of such policy must be $5 million for any one occurrence.
(b) At all times during the existence of the Tribal Police Department, and the tenure of any police officer appointed under this section, the Tribal Council must maintain in full force and effect the waiver of sovereign immunity specified in paragraph (a)(3) of this section and the liability insurance policy specified in paragraph (a)(4) of this section. The Tribal Council must provide written evidence of the waiver and insurance policy upon request of the superintendent.
9 CRR-NY 468.3
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.