Debate rages over tribal sovereignty and Chickaloon policing authority expansion

There is no shortage of opinion in Sutton and Chickaloon about a plan by the Alaska Department of Public Safety to grant limited special commissions to law enforcement officers employed by the Chickaloon Tribal Police Department. Supporters see it as a step toward full sovereignty, in line with actual Indian reservations. Opponents point out that most of the people in the area are not members of the tribe and should not come under tribal policing authority.

A recent decision to expand the authority comes after months of deliberation, public meetings, and ongoing discussions regarding tribal jurisdiction and law enforcement authority in the state.

The announcement, made during a community meeting held on April 9 that was held at the request of the Sutton Community Council, outlined the terms and scope of the special commissions. According to DPS representatives, the special commission authority will empower trained and vetted tribal police officers to enforce certain State of Alaska criminal laws within a defined geographic area.

Under the terms of the memorandum of understanding between DPS and select members of the Chickaloon Police Department, officers will be authorized to address State of Alaska Title 11 misdemeanor crimes, misconduct involving controlled substances, and sex trafficking offenses. However, the enforcement will be limited in scope, with no authority granted for traffic enforcement, traffic stops, or vehicle pursuits.

The decision to grant these special commissions has sparked debate within the community, particularly regarding the implications for tribal sovereignty and jurisdiction. Some residents, such as Sutton resident Chris Spitzer, have voiced concerns about the process and criteria used in determining tribal jurisdiction.

Spitzer highlighted discrepancies between census data and the criteria outlined for Alaska Native Village Statistical Areas, expressing skepticism about the application of tribal authority within the Chickaloon ANVSA. He pointed to guidelines recommending preference for tribes with predominantly Native populations and those lacking a permanent state law enforcement presence.

“While the intention behind granting these special commissions may be well-meaning, there are legitimate questions about the accuracy and appropriateness of the jurisdictional boundaries,” Spitzer stated in a letter addressed to DPS. He cited this U.S. Census data.

The Sutton Community Council has written in the past to oppose the expansion of tribal police authority, saying “a tribe without a reservation, on the connected road system, in a community that is more than 80% non-native should not be considered for statewide police powers. Currently the only tribal police department with recognized authority in the State of Alaska is in Metlakatla, which is also the only reservation in the state and recognized as a police department because of this special circumstance.” Metlakatka is isolated on Annette Island in the Prince of Wales-Hyde Census Area.

“What CVTC is asking for is to change the law in a way that is not only unprecedented in Alaska, it is not something that can be found in any state in the union on the level in which they are proposing. This kind of statute change would affect the entire state and should be reviewed by all legislators, with input from their constituents, before any decisions are made. It is also important to note that the responsibility for such a change falls to the State of Alaska and not the sovereign governments seeking the authority. (American Bar, n.d.) (UAF, n.d.),” the community council wrote in 2022.

DPS emphasized that the decision to grant special commissions was made in accordance with current policies and directives from DPS Commissioner James E. Cockrell. There are limitations of the current commissioner’s authority over future commissioners and their agreements between tribal entities and the federal government.

The announcement of the special commissions is one aspect in ongoing efforts to address the complexities of tribal jurisdiction and law enforcement in Alaska. Stakeholders are grappling with the need to balance public safety and tribal sovereignty, all within the constitutional and statutory rule of law.

Chickaloon has been working hand-in-hand with EarthJustice, a radical legal firm, to oppose the Wishbone Hill Coal Mine.

“We just want to do what we’ve always done,” said Shawna Larson, a member of the tribal council who first approached Earthjustice about taking their case. “We’re fighting for our way of life – for who we’ve always been,” she told EarthJustice.

(Thanks to Carol Carman for compiling the information for District 29, which is summarized in this news article).