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Referendum FAQ’s

Law Enforcement Referendum Update: The following questions were posed during public meetings held for the Seneca People 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.

Stay tuned to social media and https://sni.org/about-our…/law-enforcement-referendum/ for regularly published updates and more information.

Your voice matters, and we want to hear from you. Please kindly refrain from any use of inappropriate language or directly referencing individual names. Comments deemed to be personal in nature will be removed. Seneca Media is a channel for open communication, and we respect all opinions and ideas.

FAQ’S

Q: When and where will the referendum be held?
A: The referendum will be held on July 12, 2024, from 9am – 7pm 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 Law Enforcement Referendum takes place July 12, 2024, 9:00am – 7:00pm, Allegany Council Chambers and Cattaraugus Council Chambers.

Seneca Nation Offices will be closed on July 12, 2024.

This will be a referendum to determine whether the Seneca People support the creation and operation of a Seneca Nation police department at this time.