Posted: 6/28/07
Mille Lacs County, Band, discuss mutual aid
By Dawn Slade
A working meeting between officials from the Mille Lacs Band of Ojibwe and Mille Lacs County took place Wednesday, June 20 at the band's government center. But not much was worked out.
The meeting was to discuss the Mutual Aid Agreement between the two entities and the changes that have been made since the band's new solicitor general took office.
The solicitor general, RJay Brunkow, gave a directive earlier this year to Mille Lacs Tribal Police that all cases are to be forwarded to his office for review prior to submission to the county attorney.
Mille Lacs County Attorney Jan Kolb is displeased with the directive which she says is delaying cases getting to her office.
She brought her concerns to county board of commissioners who asked for a meeting with the band to discuss the matter.
The county asked that a working meeting be arranged with some of the people involved.
At the table on behalf of the county were commissioner Dave Tellinghuisen (the only official who was involved with the creation of the Mutual Aid Agreement), commissioner Frank Courteau, sheriff Brent Lindgren, Kolb and county coordinator Roxy Traxler.
The band's officials included Brunkow, attorney Marc Slonim, Tadd Johnson (special council on government affairs), Don Wedll (long range planner) and Tribal Police Chief Dwight Reed.
The county offered a compromise by suggesting the incident reports be sent simultaneously to the OSG and the county attorney, but the band wasn't in agreement with that compromise.
Discussion took place as to what the band feels it has jurisdiction over, such as civil regulatory cases and hunting/fishing treaty cases.
Kolb asked what else the band has jurisdiction over and Slonim replied, "criminal matters."
Commissioner Courteau asked if band members are aware that they can be charged in both tribal and county court for the same crime.
"Do band members understand they're subject to double jeopardy?" Courteau asked.
Slonim said prosecution in both does not mean double jeopardy and he's not aware of any band members who are concerned with that.
Slonim then asked, "What's to be gained by the county prosecuting a second time?"
It's a cost to the county, he said.
Kolb gave an example of an assault.
"It's an enhanceable offense," she said. "It needs to be part of their criminal history."
The assault must be reported to BCA and driver services.
"We have jurisdiction over that," Kolb said.
No change?
Slonim said the process for the Mutual Aid Agreement has not changed.
Tellinghuisen disagreed.
Johnson said, "The authority was always there to do those things. We've had this authority all along."
"That's your view," Tellinghuisen said. "But the process has changed."
Tellinghuisen pointed out 96 cases the county attorney's office has not received since Brunkow's directive.
Reed then interjected and said his office was having trouble with its new records management system and it's been taking time to get the reports to the county attorney's office.
He also said of the 96 cases, only eight were to have gone to the county attorney's office.
He said the county attorney has them, but Kolb stated she has only received two so far.
Brunkow told the group that the reports don't leave the police department. Reed said that Brunkow takes only the cases for tribal court and does not review any involving non-band members.
There was additional discussion about the band's jurisdiction.
Finally, Kolb said, "I guess I'll cut to the chase and ask the question, "Are we going to be able to come up with a compromise?'"
Slonim then said, "By itself it's probably not a workable solution."
Tellinghuisen said, "Nine years ago, it was really simple. It's worked so well. You wanted more law enforcement . . . and through us you could have licensed peace officers."
Slonim said the band could talk internally and come up with something acceptable, but said it would take a few weeks.
"We need a faster time table than that," Tellinghuisen said. "If you want to mutually agree on this, then we need to get it to the table faster than that.
"Let's get back to the way it was nine years ago to serving the people it's supposed to serve."
Slonim said his schedule was busy, then stated, "I don't understand what the concerns are with it. I don't understand what the problems are that demand such an urgent fix."
"The OSG before didn't decide if they [cases] go to the county attorney's office," Kolb said. "There is a change."
"Public safety is part of it," Courteau added. "It applies to a geographic area 15 times the size what we recognize as reservation. That's a problem."
"Why?" Slonim asked. "The way it seems to us, the band is doing this body of work in terms of law enforcement. What we hear is "we don't like the band handling a sliver of cases.'"
"The problem is, that sliver is growing," Kolb replied. "It's news to me that assaults can now go to tribal court. That's criminal."
To which Slonim reiterated, "[We] have criminal jurisdiction over [our] own band members."
Courteau again asked when a proposal could be expected.
Slonim talked about an issue he had sent to the county before and said, "I'm a little jaded about getting a proposal out when the last time I did, I was met with total silence."
Kolb later said that issue relates to hunting and is not as pressing because the hunting season isn't until fall.
Slonim then said it would be three weeks before a proposal would be ready.
"In the meantime, are the reports going to come through?" Tellinghuisen asked.
"We'll continue to operate the way we have been," Brunkow replied.
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