Lake County postpones withdrawal from law enforcement agreement

Per a January resolution, Lake County was set to withdraw from a law enforcement agreement between the state and Confederated Salish and Kootenai Tribes on Friday.

However, due to a pending lawsuit and after the governor vetoed key legislation, county commissioners on Thursday voted unanimously to extend the effective date of the withdrawal, essentially leaving the question of who is responsible for funding the agreement up to the court to decide.

What is this about?

Since 1963, Lake County law enforcement has collaborated with the Confederated Salish and Kootenai Tribes under Public Law 280. Lake County has alleged that the state has never reimbursed the county for providing criminal jurisdiction on the Flathead Reservation, and citing concerns from taxpayers, who voted to withdraw from the agreement in January. The withdrawal was set to take effect May 25, which commissioners said they hoped would give the Legislature time to find a solution.

Several bills this session aimed to provide solutions to the problem, but two died and Gov. Greg Gianforte last week vetoed one that would’ve reimbursed the county. If the county were to withdraw from the agreement on Friday, the governor would have six months to issue a proclamation acknowledging it.

The withdrawal would have consequences for the state, county and tribes. If the county were to leave the agreement, the state would assume jurisdiction over the Flathead Reservation and would likely need to provide a police force, detention center and court facilities, which Sen. Greg Hertz, R-Polson, estimated could cost the state more than $100 million.

While the governor’s veto frustrated commissioners, they made clear in their Thursday meeting that an ongoing lawsuit may provide the best path forward. Lake County in July sued the state, alleging the state should reimburse the county and pay for past services rendered. 

Attorneys for the state of Montana in December submitted a motion to dismiss, alleging the county’s claim fails, in part, because “Montana law authorizes the requirement that Lake County be responsible for the costs it now seeks to avoid.”

And earlier this month, the court issued an order in response, denying one count of the state’s motion to dismiss. There will be an in-chambers rule on July 19 at 8:30 a.m. at the Flathead County Courthouse. 

The tribes have not officially taken a stance on the issue.

What happened at the commission meeting?

Commissioners in the meeting approved a resolution that would delay the withdrawal until a decision is made in court.

Lance Jasper, an attorney representing the county, said the lawsuit is needed “because ultimately, we still need to know the answer of who is financially responsible for carrying out Public Law 280.”

Several in the meeting expressed frustration with the governor. Jasper said by vetoing a bill that would’ve reimbursed the county, Gianforte “overrides our hard work.”

“I’m disappointed, yes,” Jasper said. “Surprised? Not really.”

Lake County Sheriff Don Bell spoke highly of the local law enforcement and said Public Law 280 “works well” when funded properly.

“We don’t want to get rid of Public Law 280,” he said, adding that if the county were to prematurely withdraw from the agreement, the county could experience “lawlessness.”

Some who spoke during the public comment period expressed skepticism that Public Law 280 is effective and were hesitant to leave the situation at the mercy of the court.

Jasper explained that if the county were to withdraw now, the state could re-raise a motion to dismiss “for lack of standing.”

“And that’s what we don’t want,” he said. “We want to make sure we get a legal decision.”

Commissioners explained that if the judge ultimately rules that the state is not required to reimburse Lake County, then the county will send a letter to the governor formally withdrawing from the agreement.