Muscogee Nation and City of Tulsa sign historic law enforcement agreement

Photo Courtesy: Muscogee Nation 

Written By: Rachael Schuit, Brittany Harlow, Russell Sun Eagle

(MUSCOGEE RESERVATION) An agreement was reached between the Muscogee Nation and the City of Tulsa, ending a jurisdictional legal battle that began in November of 2023. 

Under the terms of the agreement, the City of Tulsa will stop prosecuting tribal citizens for crimes or traffic violations that occur within MCN reservation boundaries.

Through cross-deputization agreements, Tulsa Police can still pull over tribal citizens and address criminal activity within city limits and Muscogee Nation boundaries. Any traffic tickets or violations resulting from those stops will then be sent to the Muscogee Nation. 

The City of Tulsa has also agreed to dismiss pending traffic tickets or criminal charges against tribal citizens that were initiated within the boundaries of Muscogee Nation and transfer those traffic ticket charges and criminal charges to the Muscogee Nation Attorney General who will make a decision on whether or not to prosecute them. 

"As we get closer to next month's five-year anniversary of the Supreme Court's monumental McGirt decision, I am reminded and find myself very proud of the significant strides the Nation has made to increase its law enforcement and judicial capabilities to meet the demands necessary for responsible governance of our Reservation,” Muscogee Nation Principal Chief David Hill said following the signing of the agreement on Wednesday.

“These efforts by the Nation to provide robust public safety priorities in our communities are enhanced when we are able to work closely in cooperation with state and local agency partners.”

Chief Hill said he appreciates Tulsa Mayor Monroe Nichols for advocating a policy for reaching solutions with tribal nations, rather than litigating on issues of mutual importance for citizens and visitors of Tulsa as well as Native and non-Native citizens. 

Mayor Nichols thanked Chief Hill and the Muscogee Nation for entrusting them with the work ahead and for the good faith efforts in creating a path forward that has not been accomplished in more than five years. 

“The collaboration and communication between our governments has been tremendous, and I look forward to our next step in this process,” Mayor Nichols said.

Mayor Nichols said he is committed to making the city safer and that Wednesday’s agreement ensures both Muscogee Nation and the City of Tulsa can move forward. 

“Our city can only benefit if we collaborate and approach our work together rather than individually. We are stronger together, and we can show the nation how municipalities and tribal governments can work together to create better outcomes for all our residents.”

Oklahoma Governor Kevin Stitt released a statement on Monday condemning the agreement before it was signed. 

“Tulsa is essentially making itself a sanctuary city for tribal members engaged in criminal activity,” Governor Stitt said, referring to a term that some lawmakers associate with harboring undocumented immigrants.

As elected leaders, it is our job to represent our constituents regardless of race, heritage, or political affiliation,” Governor Stitt said. 

“This proposed move by Mayor Nichols sets a concerning precedent and will make it impossible for elected officials and Oklahoma law enforcement to protect their communities. I will take every action to reverse course and ensure the rule of law is the same for everyone.”

Governor Stitt has attempted to undermine tribal sovereignty in multiple ways following the McGirt decision, including spreading misinformation and disinformation that jurisdictional issues are racial issues as opposed to political ones. 

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Governor Stitt’s statement also brought up an unrelated shooting at a Tulsa Juneteenth celebration to highlight his concerns of the city’s ability to investigate and properly prosecute crimes. 

The letter included support from personnel at law enforcement agencies such as the Tulsa County District Attorney Steve Kunzweiler who has long been an opponent of shared jurisdiction and a vocal critic of the landmark 2020 McGirt v. Oklahoma decision. Tulsa County Sheriff Vic Regalado also signed onto Gov. Stitt’s letter. 

During a press conference held on Tuesday, the day before the historic signing, Mayor Nichols said he thought it was incredibly distasteful for the governor to bring up the Juneteenth shooting during his condemnation of the agreement, but not offer any kind of support during Tulsa’s response to 16 people being shot and one person losing their life.

Mayor Nichols also encouraged the public to not listen to the governor’s “false rhetoric”.

“Over the last four years, that trust has been eroded time and again between our state leadership and our Native brothers and sisters,” Mayor Nichols said. “Given the land that we're all blessed to inhabit and share, I don't believe a strong Tulsa is possible without the solemn acknowledgement of tribal sovereignty.” 

Mayor Nichols said when he took office, the city was sitting on about 900 cases involving 180 Native defendants that were effectively in limbo given the jurisdictional battle he inherited. He said most of those cases have since been dismissed by the city and sent to tribal court for prosecution.

He also reiterated that the settlement does not create two tiers of justice, rather it simply ensures that defendants, no matter who they are, find themselves in the most appropriate court to be prosecuted.

Supporters of the Muscogee Nation City of Tulsa agreement included Principal Chief of the Cherokee Nation of Oklahoma Chuck Hoskins Jr. 

The Cherokee Nation of Oklahoma and Osage Nation also have reservation boundaries within the City of Tulsa. 

“I applaud the City of Tulsa and Muscogee Nation for reaching a resolution that protects tribal sovereignty and enhances public safety for all,” Chief Hoskins said. “Mayor Monroe Nichols and Chief David Hill have demonstrated thoughtful leadership in reaching this agreement. Far on the other end of the spectrum is Governor Kevin Stitt, whose ignorance of the fundamentals of tribal sovereignty and cooperative governance within tribal reservations is astounding.”

Violent crimes committed by tribal citizens will still be referred to the U.S. Attorney’s office. 

Muscogee Nation will use case management software to track cases sent to them and make decisions on whether or not to prosecute them. The City of Tulsa will have the ability to access information about the cases and speak to MCN officials regarding decisions on charges. 

The agreement also included the development of a working group consisting of local leaders from the Nation and Tulsa who will discuss shared goals and priorities for public safety over the next eight months. 

Mayor Nichols said the working group will produce a report that will be made available to the public addressing matters including but not limited to booking procedures and transfer of custody, detention facilities and procedures, special services such as addiction and mental health treatment and diversion, laboratory testing costs, evidence of property storage, video testimony, warrants and extradition procedures, law enforcement communication, training, policies and procedures, and expedient and reliable identification of Indian defendants as well as communication and coordination as it relates to major crimes. 

Mayor Nichols and Chief Hill have the ability to terminate the agreement within a year if they find it’s not working. 

“I'm excited to have us work through those challenges to make sure that Tulsa is a safe city that stands on the side of tribal sovereignty, being an example for the rest of the state and the entire country that you do not have to choose between the two," Mayor Nichols said.