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Washington County
Posted: Jun 28, 2021 10:27 AMUpdated: Jun 28, 2021 10:37 AM
Wash. Co. Extends Cherokee Nation Detention Agreement
An intergovernmental cooperative detention agreement between the Cherokee Nation and Washington County has been extended by 30 days.
This temporary 90-day detention agreement between the two parties was first agreed upon in a special Washington County Board of Commissioners meeting on April 1, 2021. More on that story can be found here.
On June 11, all of the District Attorneys within the Cherokee Reservation with the exception of Tulsa County met with the tribe to discuss a broader agreement. Washington County District Attorney Kevin Buchanan said the key to the agreement back in April was the fact that the Cherokee Nation wasn't willing to waive sovereign immunity as to the enforcement of the contract. He said that has since change.
Buchanan said the Cherokee Nation has indicated that they are willing to waive sovereign immunity as to enforcement of the payments of monies between the two entities. He said the contract would include a non-binding arbitration agreement. If there are any litigations based on payments under the contract it would be handled in the Federal Courts in Tulsa.
While the Cherokee Nation agreed to waive sovereign immunity on June 11, Buchanan said the Cherokee Tribal Council would not meet until July. He said they anticipate the tribe will approve the waiving of sovereign immunity from the agreement. A long term contract could be approved from there that all 14 counties in the Cherokee Reservation would fall under.
The agreement continues to state that the Washington County Sheriff's has no obligation to transport Cherokee detainees. Buchanan said the only exception is that the WCSO will transport Cherokee detainees if there is a medical emergency. He said they want to care for everyone when a medical crisis arises.
The Cherokee Nation will pay Washington County $30 per hour for any deputy that is transporting a Cherokee detainee for a medical emergency. Buchanan said $45 will be paid to Washington County for overtime plus mileage. He said the WCSO will be reimbursed for medical emergency travel costs.
The Washington County Commissioners voted unaniomusly to extend the agreement on Monday.
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