Certification eludes Idaho tribal cops

BOISE – Although some tribal police go through the same basic training as state and local police, they cannot receive state certification like nontribal cops.

What’s more, police who leave nontribal agencies to work for the tribes lose their certification after five years – unless they are deputized by a county or city law enforcement agency.

State officials say the separation is necessary because certified officers must uphold the laws of the state. As sovereign nations, the tribes cannot be bound by state law, and neither can their officers.

The only exception occurs when transfer officers are deputized, giving them power to arrest tribal and nontribal suspects. While Coeur d’Alene Tribe police are deputized, Nez Perce and other tribal cops are not.

Tribal officials say the inconsistency makes it difficult for them to hang on to qualified officers and hinders cooperation between tribal and nontribal police agencies.

Sen. Mike Jorgenson, R-Hayden Lake, is calling for a change, and hopes that as early as next year, all nontribal officers who transfer to tribal agencies can keep their certification, regardless of whether they are deputized.

State law says that the oversight board for the Idaho Peace Officer Standards and Training Academy sets the rules.

Of course, the Legislature can pass its own laws that the academy must follow, and Jorgenson had considered introducing a bill allowing certification of tribal police without deputization. Facing opposition from the Idaho Sheriffs’ Association, he decided to work toward a compromise with the academy’s oversight board – for now, tackling just the issue of transferring officers.

The potential rule change has yet to go before the academy’s board, academy Executive Director Jeff Black said.

Chief Allan, chairman of the Coeur d’Alene Tribe, said such a compromise would be satisfactory, in the short term.

“It’s not perfect, but it’s a start,” he said.

To become certified, officers working for nontribal agencies must complete about 565 hours of basic training at the academy within their first year on the job.

They also undergo a six-month probationary period and can lose their certification if they are convicted of a crime.

Some tribal police agencies pay thousands of dollars to send officers to the academy. While most Coeur d’Alene and Nez Perce tribal police are academy-trained, only certified officers who transfer into the Coeur d’Alene Tribe department can remain certified because they are deputized by the Kootenai and Benewah sheriffs. While the Nez Perce police would like to be deputized, they have not reached an agreement with surrounding counties.

Deputization has stalled for many tribes because of counties’ concerns about becoming liable for the actions of tribal officers.

Among the tribal officers affected by the certification rules is Coeur d’Alene tribal police Chief Keith Hutcheson. He was certified by the academy while working for the Kootenai County Sheriff’s Office and has now been with the tribe about a year and a half.

Hutcheson said he is the only state K-9 instructor north of Sun Valley.

But he could lose certification if he were not deputized, preventing him from training other officers, he said.

With Kootenai County and Coeur d’Alene tribal law enforcement agencies working closer together than ever, certification is “a huge issue” everyone wants to see resolved, Kootenai County Sheriff’s Capt. Ben Wolfinger said at the latest Idaho Council on Indian Affairs meeting in Boise.

“It’s hard to run with those 21-year-olds again” if an older officer must retake physical tests, Wolfinger said.

John Parmann, a training manager for the academy, said tribal officers can also maintain their certification by being reserve officers for a city or county and by using a challenge procedure.