§ 114. St. Regis Mohawk tribal police. 1. By notifying the\nsuperintendent of state police, the St. Regis Mohawk tribal council may\nestablish a St. Regis Mohawk Tribe police department employing police\nofficers appointed in accordance with this section.\n a. At the time of the establishment of the tribal police department,\nand together with each application under subdivision two of this\nsection, the tribal council must provide to the superintendent of state\npolice, and at all times during the existence of such police department\nand during the tenure of any police officer appointed under subdivision\ntwo of this section, the tribal council must maintain in full force and\neffect, a waiver of sovereign immunity providing as follows: "The St.\nRegis Mohawk Tribe hereby waives its sovereign immunity from liability\nand action in New York state and federal courts, and hereby assumes\nliability and consents to have the same determined in accordance with\nthe same rules of law as applied to actions against municipalities of\nthe state of New York; provided that this waiver applies to liability\nfor acts or omissions of officers appointed under subdivision two of\nthis section and other police department employees occurring while the\nofficer or employee was acting within the scope of his or her employment\nor duties, and to the provision of a defense for such officer or\nemployee accused of such acts or omissions. This waiver shall apply to\neach such act or omission, whether or not legal action based on the act\nor omission is brought after a revocation of this waiver."\n b. The St. Regis Mohawk Tribe shall provide for the defense of\nofficers appointed under subdivision two of this section and other\nemployees of the police department in any civil action or proceeding,\nstate or federal, arising out of any alleged act or omission that\noccurred or allegedly occurred while the officer or employee was acting\nwithin the scope of his or her employment or duties. This duty to\nprovide for a defense shall not arise where such civil action or\nproceeding is brought by or at the behest of the St. Regis Mohawk Tribe.\n (i) The St. Regis Mohawk Tribe shall indemnify and save harmless\nofficers appointed under subdivision two of this section and other\npolice department employees in the amount of any judgment obtained\nagainst such officers or employees in a state or federal court, or in\nthe amount of any settlement of a claim, provided that the act or\nomission from which such judgment or claim arose occurred while the\nofficer or employee was acting within the scope of his or her employment\nor duties.\n (ii) The duty to indemnify and save harmless prescribed by this\nsubdivision shall be conditioned upon the timely notification to the St.\nRegis Mohawk Tribe of the commencement of the action or proceeding and\nupon the full cooperation of the officer or employee in the defense of\nsuch action or proceeding and in defense of any action or proceeding\nagainst the St. Regis Mohawk Tribe based upon the same act or omission,\nand in the prosecution of any appeal.\n (iii) At the time of the establishment of the tribal police\ndepartment, and together with each application under subdivision two of\nthis section, the tribal council must provide to the superintendent of\nstate police evidence of procurement of, and at all times during the\nexistence of such police department the tribal council and during the\ntenure of any police officer appointed under subdivision two of this\nsection, must maintain in full force and effect at its own cost and\nexpense, a liability insurance policy from any insurance company\nauthorized by law to transact business in this state, against liability\nimposed by the provisions of this section. The minimum liability limits\nof such policy shall be five million dollars ($5,000,000) for any one\noccurrence.\n (iv) The St. Regis Mohawk Tribe shall indemnify and save harmless the\nstate of New York and employ
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