Resolution No. SI-R20-005: Act Authorizing Signature of the Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque for Law Enforcement Services

At a duly called meeting of the Council of San Ildefonso Pueblo on the 13th day of May, 2020, the following Resolution and law were adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo") does not have a tribal police department and relies on the Bureau of Indian Affairs Office of Justice Services (BIA LES") as its primary law enforcement provider; and,

WHEREAS, the Pueblo often does not have adequate or timely law enforcement response to incidents occurring on the Pueblo because BIA LES also provides law enforcement services for two other Pueblos in northern New Mexico so that a BIA police officer may not be in close proximity to respond quickly to service calls at the Pueblo and BIA LES is often short-staffed; and,

WHEREAS, the Pueblo is very concerned about availability of police response during times of emergencies or unforeseen events as well as the absence of routine police presence to deter criminal activity within the Pueblo; and,

WHEREAS, the Pueblo has a need for additional police services when BIA LES may not be able to timely respond to service calls on the Pueblo; and,

WHEREAS, the Pueblo of Pojoaque operates its own tribal police department and is able and willing to provide police services to the Pueblo; and,

WHEREAS, the Council has determined that it is in the best interests of the Pueblo to authorize signature of the attached Memorandum of Agreement with the Pueblo of Pojoaque to provide law enforcement services to the Pueblo; and,

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "ACT AUTHORIZING SIGNATURE OF THE MEMORANDUM OF AGREEMENT BETWEEN THE PUEBLO DE SAN ILDEFONSO AND THE PUEBLO OF POJOAQUE FOR LAW ENFORCEMENT SERVICES" ("Act").

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on May 13, 2020, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining and 0 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

William S. Christian, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R20-005 was presented to the Governor of the Pueblo de San Ildefonso on the 13th day of May, 2020, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.

William S. Christian, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 13th day of May , 2020.

Perry M. Martinez, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2020.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2020, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

William S. Christian, Council Secretary

ACT AUTHORIZING SIGNATURE OF THE MEMORANDUM OF AGREEMENT BETWEEN THE PUEBLO DE SAN ILDEFONSO AND THE PUEBLO OF POJOAQUE FOR LAW ENFORCEMENT SERVICES

Section 1.1. Short Title

This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF THE MEMORANDUM OF AGREEMENT BETWEEN THE PUEBLO DE SAN ILDEFONSO AND THE PUEBLO OF POJOAQUE FOR LAW ENFORCEMENT SERVICES" ("Act")."

Section 1.2. Purpose

The purpose of this Act is to authorize the Governor to sign the document entitled "Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque For Law Enforcement Services" for additional law enforcement services when Bureau of Indian Affairs-Office of Justice Services ("BIA LES") is unable to quickly respond to service calls or provide routine patrols at the Pueblo de San Ildefonso ("Pueblo").

Section 1.3. Findings

The Council hereby declares that:

(a) The Pueblo does not have a tribal police department and relies on the BIA LES as its primary law enforcement provider; and

(b) The Pueblo often does not have adequate or timely law enforcement response to incidents occurring on the Pueblo because BIA LES also provides law enforcement services for two other Pueblos in northern New Mexico so that a BIA police officer may not be in close proximity to respond quickly to service calls at the Pueblo and BIA LES is often short-staffed; and

(c) The Pueblo is very concerned about availability of police response during times of emergencies or unforeseen events as well as the absence of routine police presence to deter criminal activity within the Pueblo; and

(d) Pueblo has a need for additional police services when BIA LES may not be able to timely respond to service calls on the Pueblo; and

(e) The Pueblo of Pojoaque operates its own tribal police department and is able and willing to provide police services to the Pueblo; and

(f) The Council has determined that it is the best interests of the Pueblo to authorize signature of the Memorandum of Agreement with the Pueblo of Pojoaque to provide law enforcement services to the Pueblo.

Section 1.4. Authorizations

(a) The Governor is hereby authorized to sign a form of the Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque For Law Enforcement Services attached hereto.

(b) The Governor is authorized make any minor technical non-substantive amendments to the Memorandum of Agreement document as may be necessary, provided that the Council is informed of such amendments.