LAW ENFORCEMENT REFERENDUM
Frequently Asked Questions
The questions posed in this second, and final, “Frequently Asked Questions” publication are drawn from the two public meetings held on June 25th & 26th and from inquiries submitted via email to LawEnforcement@sni.org.
Q: Why did Council put the Law Enforcement Referendum before Constitutional amendments and court reform?
A: Before Council can determine what Constitutional amendments and court reforms are necessary for a police department, the Council must know whether the Seneca People support forming a police department in the first instance. In any event, if the People vote “Yes” on the referendum, then Council has committed to implementing necessary Constitutional and court reforms before forming a police department.
Q: How much will a Seneca Nation police department cost to operate on a yearly basis?
A: It depends on the structure and authority of the police department. At this time, it is hard to provide accurate estimates of the total yearly cost to operate a police department because it is unknown what authority the Seneca People want a police department to exercise, if any at all. Despite the many unknowns, the Bureau of Indian Affairs (“BIA”) has developed some general cost estimates for employing police officers and staffing tribal criminal courts.
According to BIA estimates released in 2023, Tribes with a service population between 1,601-6,500 people would require 21 full-time employees costing approximately $2.3M per year. This estimate includes police officers, dispatchers, administrative services, and supplies and equipment. As for the cost of operating tribal criminal courts with the same service population, the BIA estimates that it would cost approximately $2.0M per year and would require 20 full-time employees. Taken together, the Seneca Nation could expect to spend approximately $4.3M, or more, per year to staff and operate a police department and criminal court system.
If the People vote “Yes” on the referendum, more precise cost estimates will be provided in future informational materials and/or public meetings.
Q: How many police officers would a Seneca Nation police department need to employ?
A: The BIA estimates that an average of 2.8 officers per 1,000 residents is the standard number of police officers needed in Indian country. An estimated population of 5,000 on-territory residents means the total number of officers needed would be approximately 14 officers for both territories, combined. As a result of this relatively small number of police officers, the majority of police officers employed by a Seneca Nation police department would likely be patrol officers, as opposed to more specialized officers trained in drug enforcement, substance abuse, domestic violence, and mental health emergencies. The Seneca Nation, however, could decide to train and equip its officers differently than other police departments based upon the needs of our communities.
Q: How would oversight of a Seneca Nation police department be handled?
A: There are several options for providing oversight and strategic planning for any police department. One option is to have the President, Council, or some other elected official hire and supervise police officers. A second option is to have an elected chief of police provide oversight of the police department. Finally, there is a trend in Indian country to implement community policing. Under a community policing model, the public, through an elected board or committee comprised of enrolled Senecas, would be entrusted to provide direct oversight and strategic planning for the police department.
These options are just some of the ways that the Seneca Nation and the Seneca People could decide to provide oversight of a police department. Oversight and control of a police department is an important discussion that will need to occur if the Seneca People vote “Yes” on the referendum.
Q: How would a Seneca Nation police department be funded?
A: The Seneca Nation has a couple potential sources of funding for a police department. First, the federal government typically provides some level of funding for Tribal police departments through the BIA or federal grant programs. Second, the Seneca Nation may fully fund its own police department.
Tribal police departments organized under federal law, often called “638ed” police departments, are the most common police departments in Indian country. As of 2018, these so-called “638ed” police departments received approximately 64% of federal funds directed towards law enforcement officers in Indian country. The amount of federal funding that could be available to the Seneca Nation is currently unknown and should likely not be counted on as the primary source of funding.
The least common source of funding for police departments in Indian country are those that are fully funded by Tribes. At present, the Seneca Nation fully funds an array of community services and the source of funds for a police department budget will have to be identified and budgeted in the same manner as all other services the Seneca Nation provides.
Q: Will the Seneca Nation have to impose taxes to fund a police department?
A: No. The Seneca Nation has no plans now, or in the future, to levy or assess taxes to fund a police department.
The following questions were posed during the public meetings held on June 4th and 5th on the Allegany and Cattaraugus Territories, respectively, and during the June 8th Regular Session of Council. If you have any questions or comments about the referendum, you can send them to LawEnforcement@sni.org. Your questions or comments may appear in the next publication on the referendum.
Q: When and where will the referendum be held?
A: The referendum will be held on July 12, 2024, from 9:00 AM – 7:00 PM, and voting will take place at the Allegany Council Chambers and the Cattaraugus Council Chambers.
Q: Why are there two referendum questions?
A: The referendum is divided into two questions in an effort to clearly communicate what authority the People support the Seneca Nation exercising, if any at all. If only Question A is approved, then the Seneca Nation police department would be limited to exercising jurisdiction only over enrolled Senecas and enrolled members of other federally recognized tribes. If both Question A and B are approved, then the Seneca Nation could seek agreements with local, county, State, or federal law enforcement agencies to exercise jurisdiction over all people within the Seneca Nation’s Territory.
Q: How long will it take to form a police department if the People vote “Yes” on the referendum?
A: At this point, it is hard to predict how long it would take to form a police department because so many other events would need to occur first. For example, if the People vote “Yes” to forming a police department, then there would be a need to have further meetings with the community regarding Constitutional amendment and court reform. There would also be a need to develop Seneca Nation criminal laws, procedures, and rules of evidence, which would take time and require input from the People.
Q: What impact will a “Yes” vote have on the Marshals?
A: The Marshals will continue to operate in their current role as building security, court bailiffs, process servers, and public safety officers.
Q: If the People vote “Yes,” will the Marshals automatically become police officers?
A: No. Any police department created by the Seneca Nation would employ qualified and trained police officers. A Marshal, like any other candidate, would be required to apply to become a police officer and would be subject to the same evaluation criteria and training as any other applicant.
Q: Would a Seneca Nation police department only have jurisdiction over enrolled Senecas and enrolled members of other federally recognized tribes?
A: Not necessarily. The referendum asks the Seneca public two questions that would impact the structure and authority of a Seneca Nation police department. If only Question A is approved, then under applicable federal law the Seneca Nation police department would be limited to exercising jurisdiction only over enrolled Senecas and enrolled members of other federally recognized tribes. If both Question A and B are approved, then the Seneca Nation could seek agreements with local, county, State, or federal law enforcement agencies to exercise jurisdiction over all people within the Seneca Nation’s Territory.
Q: What will happen if the People vote “No” on the referendum?
A: If the People vote “No,” then the Council has committed to “not take any action in the near or immediate future to establish a police department.” The Seneca Nation, however, will continue to pursue measures to enhance on-Territory public safety that do not include the creation of a police department.
Q: Will the State of New York still have criminal jurisdiction on-Territory if the People approve the referendum?
A: Yes. Pursuant to federal law, 25 U.S.C. § 232, in 1948 Congress granted the State of New York criminal jurisdiction on all reservations within the State. The results of the referendum will not affect the State’s jurisdiction under federal law.
Q: Is there a need for constitutional amendment or court reform prior to the creation of any police department?
A: Yes. If the People vote “Yes,” then the Council has committed to “begin to identify necessary amendments to the Seneca Nation’s Constitution to ensure the safeguarding of Seneca rights and liberties” and to address necessary court reforms.
Q: If the People vote “Yes,” how will police officers be held accountable?
A: Ensuring the accountability of police officers is a priority for the Seneca Nation and, if the People vote “Yes,” measures will be put in place to ensure that there are ways for the People to seek redress for violations of their rights. Further, all police officers will receive proper training and be required to wear body cameras at all times when interacting with members of the public. In addition, Seneca Nation laws would need to be developed to address supervision and oversight of the police department.
Q: How will the Seneca Nation’s sovereignty be impacted by the referendum?
A: The act of creating a police department, or not, is an exercise of the Seneca Nation’s sovereignty. If the People vote “Yes,” then the Seneca Nation would be asserting its sovereign authority to control what occurs within the Seneca Nation’s Territory. If the People vote “No,” then that is also an exercise of sovereignty because the People are deciding that they do not want the type of law enforcement contemplated by the referendum. In either case, the ability to make the decision is a demonstration of the Seneca Nation’s sovereignty.
The questions posed in this second, and final, “Frequently Asked Questions” publication are drawn from the two public meetings held on June 25th & 26th and from inquiries submitted via email to LawEnforcement@sni.org.
Q: Why did Council put the Law Enforcement Referendum before Constitutional amendments and court reform?
A: Before Council can determine what Constitutional amendments and court reforms are necessary for a police department, the Council must know whether the Seneca People support forming a police department in the first instance. In any event, if the People vote “Yes” on the referendum, then Council has committed to implementing necessary Constitutional and court reforms before forming a police department.
Q: How much will a Seneca Nation police department cost to operate on a yearly basis?
A: It depends on the structure and authority of the police department. At this time, it is hard to provide accurate estimates of the total yearly cost to operate a police department because it is unknown what authority the Seneca People want a police department to exercise, if any at all. Despite the many unknowns, the Bureau of Indian Affairs (“BIA”) has developed some general cost estimates for employing police officers and staffing tribal criminal courts.
According to BIA estimates released in 2023, Tribes with a service population between 1,601-6,500 people would require 21 full-time employees costing approximately $2.3M per year. This estimate includes police officers, dispatchers, administrative services, and supplies and equipment. As for the cost of operating tribal criminal courts with the same service population, the BIA estimates that it would cost approximately $2.0M per year and would require 20 full-time employees. Taken together, the Seneca Nation could expect to spend approximately $4.3M, or more, per year to staff and operate a police department and criminal court system.
If the People vote “Yes” on the referendum, more precise cost estimates will be provided in future informational materials and/or public meetings.
Q: How many police officers would a Seneca Nation police department need to employ?
A: The BIA estimates that an average of 2.8 officers per 1,000 residents is the standard number of police officers needed in Indian country. An estimated population of 5,000 on-territory residents means the total number of officers needed would be approximately 14 officers for both territories, combined. As a result of this relatively small number of police officers, the majority of police officers employed by a Seneca Nation police department would likely be patrol officers, as opposed to more specialized officers trained in drug enforcement, substance abuse, domestic violence, and mental health emergencies. The Seneca Nation, however, could decide to train and equip its officers differently than other police departments based upon the needs of our communities.
Q: How would oversight of a Seneca Nation police department be handled?
A: There are several options for providing oversight and strategic planning for any police department. One option is to have the President, Council, or some other elected official hire and supervise police officers. A second option is to have an elected chief of police provide oversight of the police department. Finally, there is a trend in Indian country to implement community policing. Under a community policing model, the public, through an elected board or committee comprised of enrolled Senecas, would be entrusted to provide direct oversight and strategic planning for the police department.
These options are just some of the ways that the Seneca Nation and the Seneca People could decide to provide oversight of a police department. Oversight and control of a police department is an important discussion that will need to occur if the Seneca People vote “Yes” on the referendum.
Q: How would a Seneca Nation police department be funded?
A: The Seneca Nation has a couple potential sources of funding for a police department. First, the federal government typically provides some level of funding for Tribal police departments through the BIA or federal grant programs. Second, the Seneca Nation may fully fund its own police department.
Tribal police departments organized under federal law, often called “638ed” police departments, are the most common police departments in Indian country. As of 2018, these so-called “638ed” police departments received approximately 64% of federal funds directed towards law enforcement officers in Indian country. The amount of federal funding that could be available to the Seneca Nation is currently unknown and should likely not be counted on as the primary source of funding.
The least common source of funding for police departments in Indian country are those that are fully funded by Tribes. At present, the Seneca Nation fully funds an array of community services and the source of funds for a police department budget will have to be identified and budgeted in the same manner as all other services the Seneca Nation provides.
Q: Will the Seneca Nation have to impose taxes to fund a police department?
A: No. The Seneca Nation has no plans now, or in the future, to levy or assess taxes to fund a police department.