TULALIP — More than 250 people so far have joined the Tulalip Community Association, an organization that was formed out of concern for the rights of those living on the Tulalip Indian Reservation.
The association will meet the public formally on Monday in Marysville when it introduces its board, mission and goals.
The association was formed in response to the release last year of proposed shoreline regulations by the Tulalip Tribes. More than 200 people turned out for the group’s meeting on Feb. 8.
Nontribal members who live on the reservation outnumber tribal members, but say they have no say in tribal decisions that could affect their lives.
Beach community associations began to talk to each other about the proposed shoreline regulations and formed the group to address a broader range of concerns, said Tom Mitchell, who with his wife, Patty, shares the presidency of the Tulalip Community Association.
"We discovered there were lots of issues in addition to the shoreline," he said.
While the shoreline regulations are the major concern, a second is House Bill 2848, which would give tribal police officers jurisdiction to enforce tribal law over nontribal members on reservations in the state.
The bill was sponsored by 11 members of the state House of Representatives, including Reps. John McCoy, D-Tulalip; John Lovick, D-Mill Creek; and Hans Dunshee, D-Snohomish.
"Tribal police aren’t cross-deputized," Mitchell said. "The goal of this bill is to make tribal officers fully certified as state police officers. It’s unclear how that would be implemented."
Currently, criminal actions involving nontribal members on the Tulalip reservation are handled by the Snohomish County Sheriff’s Office.
The sheriff’s office and Tulalip tribal police back each other up in emergencies, but they are not cross-deputized, as are other police agencies such as sheriff’s deputies and Marysville police.
If a tribal officer issues a ticket for a noncriminal matter such as a traffic offense, the person cited would have to respond in tribal court. Nontribal members don’t have the same rights and protections in tribal court as they do in state and municipal courts, Mitchell said, and the judges who preside over tribal courts are hired by the tribe, and not elected.
"We certainly recognize the tribe’s rights on the reservation," Mitchell said. "It’s really about rights — and our rights as U.S. citizens."
McCoy doesn’t share their concern.
"The tribal police have been in operation for three years, and we haven’t had any problem," he said. "This is a thing basically of equality. We have some non-Indians on the tribal department. If they get the same training as other police officers, why can’t they have state certification? I believe they should."
The terms of the bill were worked out with the state Attorney General’s Office, he said.
"It’s an opt-in proposition. Other jurisdictions don’t have to opt in. The process of how things are handled does not change with state certification."
If a tribal officer apprehends a non-Indian for an infraction, that person would be turned over to a sheriff’s deputy or whatever agency has jurisdiction, which is the way it’s always been, he said.
"If there’s a tribal police officer in the area when a crime is being committed on a non-Indian, I’m sure that non-Indian would be very upset if that police officer didn’t respond and take action," McCoy said.
Nevertheless, some nontribal residents on the reservation worry that they will have no input on Tulalip policies or laws.
"We can vote Sheriff (Rick) Bart out of office, or we can vote out the Marysville mayor who appoints the police chief. If the Tulalips gain control, we have no recourse in the future if they decide to implement a policy we feel is unfair," Mitchell said.
They also fear that the appeals process in tribal court doesn’t adequately protect the rights of nontribal members, nor does the tribe’s civil process if a tribal officer injures or kills someone.
If a deputy causes a death, the victim’s family can sue the department and the county, Mitchell said. If a tribal officer kills someone, the tribe would have to waive its sovereignty before it could be sued, he said.
"They have all their civil rights," McCoy said, adding that there is an appeal process in tribal courts.
Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.
The Tulalip Community Association board of directors will discuss its mission and goals 7-8:30 p.m. Monday at the Marysville Opera House, 1225 Third St., Marysville.
The association is open to everyone who lives on the Tulalip Indian Reservation. It’s Web site is www.tulalipca.com.
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