Chairman, thank you for the opportunity to present the views of the Miccosukee Indian Tribe on H.R. 498. I would be happy to answer any questions the Committee may have. 10 SUBMITTED BY: Ramah Band of Navajo Tribe Whose members are present today. Mr. Nelson Thompson, Council Delegate The Ramah-Navajo Department of Public Safety shares the same concerns of the Navajo Nation Department of Public Safety on the provisions of HR 498 on the issue prohibiting the contracting of Criminal Investigators' positions under 93-638 and other areas, including the U.S. Attorney's report disclosures. It is apparent, that the Bureau of Indian Affairs contracted Law Enforcement and Detention programs with Tribes an detailed demanding contracts, but failed to appropriate adequate funding to meet those terms and in addition provided Tribes with substandard facilities and equipment. There were no provisions made to meet the demands of growing communities with growing problems nor to handle inflation and general costs of living. Funding appropriated with the contracts cannot replace equipment or facilities as they deteriorate with age and daily use despite care and maintenance. The United States Government, through the Bureau of Indian Affairs needs to support and assist the Tribes by properly funding them to meet standards, especially in the areas of Detention Services. This would enhance the overall welfare of all people under Law Enforcement and Detention Services. Added funding is an absolute necessity at this point. DATE: July, 1989 Since the onset of PL93-638 it was felt that it was a step in the right direction that of "Indian Self Determination", however Amendments and new Acts continue to pose new problems as well as create more questions on the part of the contractor as to "What are the Bureau's motives?" or what are our goals? The Ramah-Navajo Chapter voices its concerns on the following issues, many of which have become repetitious in the last year, but to which we have yet to receive Response or Relief. 1. In the initial stages of PL100-472, the emphasis (supposedly) was to have as much input from the tribes to jointly draw up what would be the regulations to assure compliance and complete understanding and agreement by the tribes. In the interim report (on FY1990 Interior and Related Agencies Appropriations Bill), the contractor is being penalized for the neglect (on the Bureau's Part) to provide necessary information on General Liability Insurance costs. Whereby it is reported that the House Interior Subcommittee did not provide any money for the purchase of General Liability Insurance because it had not yet received a report from the BIA (and IHS) regarding estimated costs to provide insurance. This again brings up the issue that the Bureau of Indian Affairs is neglecting its responsibilities and yet the contractor is who will be penalized. Presently in the Albuquerque Area, there are several items of importance pending on the issuance of Police Professional and General Liability Insurance. One of these issues is pending litigation whereby an individual has filed a law suit against two (2) police officers for doing their duty while assisting another agency. The bureau assumes no responsibility for the officers' defense and at the last Law Enforcement Quarterly Meeting in Ignacio, Colorado, went to some length to explain the Bureau's position and the protection (or lack thereof) provided by the Federal Government. This type of lawsuit will continue and we can probably expect an increase because of the nature of our work, the trends by offenders (to try to make a dollar off the Police), and the continued cooperation between agencies to assist each other during peak times of activity (feasts and celebrations) within their respective agencies because of the sizes of departments, the remoteness of rural communities, and the continued criminal activity on the reservations. This type of cooperation is urged by the Bureau, and in fact the area office has assisted in soliciting assistance from one police department to another. We are happy to help each other out, but how long will the Bureau have the luxury of bowing out gracefully, because they are protected by the federal government, and leave the small contractors on their own? The Senate Select Committee on Indian Affairs HR 498 - INDIAN LAW ENFORCEMENT REFORM ACT Page 2 Another issue pending provisions of Liability Insurance is that of cross commissioning with the State of New Mexico. The State Police requires that every Police Department have Liability Insurance before it will issue State Peace Officer commission cards. This is a viable request, however the contractors do not have the funding necessary to provide Police Professional Liability Insurance. On the Ramah-Navajo contract, one of the terms is that the contractor provide insurance, however there was no money appropriated for it. For a department of 10-13 on staff, an estimated $30,000 dollars is needed to provide one year of insurance. The Ramah-Navajo Law Enforcement Contract does not have that money, and it was hoped, (as proposed in PL100-472) that the Secretary would appropriate the funding effective FY1990. If a survey is done of all the contract tribes in the Albuquerque Area, you will find that 90% or better do not have Police Professional Liability Insurance and can presently not afford it, so we continue to do our job without it. According to our contracts, we are to be monitored by and receive technical assistance from Superintendants and Criminal Investigators. Would the issue of insurance not be a concern or is it being ignored for any particular reason? Request: The Ramah-Navajo Chapter respectfully requests that the committee reconsider proposed language to delay providing general Liability Insurance for tribes and seek to appropriate funding to assist contractors with this major expense beginning FY1990. 2. The Ramah-Navajo Chapter has reviewed HR498, The Indian Law Enforcement Reform Act, and wishes to go on record that it disagrees with the prohibition against tribes to contract the Criminal Investigators Positions. The Bureau continues to take funding from our contracts to provide the Criminal Investigator to our agency, however the Criminal Investigator is not providing what we feel is essential coverage. Response time is poor, (2 hours or more), Reports are slow or never, hestitation to investigate any felony other than a violent death or bloody scene, negative attitude, etc. Either the case loads are excessive, or necessary attitude is just not there. If, under HR 498, the Criminal Investigators report to no one, but Washington, we can only anticipate more problems unless diligent effort is made to provide a Criminal Investigator to work full time for each agency or hire enough Criminal Investigators to lower their caseload. Request: The Ramah-Navajo Chapter respectfully requests that language be proposed so that the Bureau cannot take funding from Law Enforcement contracts to provide Criminal Investigator services, and that Tribes not be prohibited from contracting Criminal Investigator services and at least have a voice as to the Criminal Investigator requirements. 3. The Ramah-Navajo Chapter has had a contract with B.I.A. under PL93-638 since 1986 to Provide Law Enforcement and Detention Services to the Ramah-Navajo Community. For the past year, we have diligently sought to obtain financial assistance for this program because the terms of the contract cannot be met with the funding appropriated for this contract. The facilities and equipment are substandard and have gradually become unsafe, obsolete, or ineffective, and there is no money in the contract to provide replacement. A) We have sought relief from the Bureau and have received little. B) We testified at the congressional hearing in Santa Fe in September of C) We testified before the Appropriations Subcommittee in Washington in D) In August of 1988, we signed our contract under protest, citing that the funding for FY1989 was not sufficient, however no response has been afforded us. (attachments) E) On April 25, 1989 we met with Area Director Sidney Mills and voiced our concerns about the lack of proper, safe equipment and vehicles and in fact did advise him at the time that if no relief could be found, that we would seek to Retrocede the contract. The following have been and continue to be our major areas of concern: 1. 2. 3. 4. 5. Inadequate funding to meet the terms of the contract. Obsolete and Ineffective Communications Equipment. Lack of Insurance. 6. Lack of Proper facilities for Law Enforcement Services Personnel. All of the above can be corrected with adequate funding. They are outlined in more detail on attachments. We have no other independent financial support from any other source. Request: The Ramah-Navajo Chapter respectfully requests that the Senate Select direct the B.I.A. to provide adequate funding as justified to provide Law Enforcement and Detention Services to the Ramah-Navajo Community. |