The Ute Mountain Ute tribal council passed a resolution Monday requesting that the Bureau of Indian Affairs transfer police chief Dusty Whiting off of the reservation.

The resolution also alleges that Whiting has used excessive force, conducted illegal searches and seizures and caused damage to property during his time as chief, a position he has held since March 1999.

Whiting denied the allegations Tuesday, saying that they are politically motivated and do not reflect his record of success implementing a community policing philosophy that focuses on crime prevention and community involvement.

"It’s frustrating because I believe that we were making good progress toward developing a professional and fair law enforcement service here, but if the tribal council is not interested in that, then there is not much I can do," Whiting said.

Responding to the allegations of misconduct against Whiting, members of his staff, his BIA superiors and at least one tribal councilman said that he has been an effective police chief.

"Councilman Rudy Ham-mond brought that (resolution) up, but I abstained from the vote, because I have seen Chief Whiting patrolling around the community and feel that he was doing his job," said Ute Mountain Councilman Art Cuthair. "That is my only comment."

Efforts to reach Hammond on Wednesday were unsuccessful.

Bill Mellick, BIA superintendent for the Ute Mountain Agency who is required to sign off on tribal resolutions, has yet to see the document or its allegations, but said that he has not heard of complaints of the sort, and felt that Whiting, "had done a very good job" as chief.

"Once I see the resolution I will make a determination," he said. "Basically, what will probably happen is that the BIA will send people down to work out a solution and look into any problems."

Without the superintendent’s signature, the resolution is non-binding, according to the tribe’s constitution. If Mellick does not sign it, the tribe has 90 days to file an appeal. Whiting said that the document and the allegations are being forwarded to the BIA’s national director of law enforcement, Walter Lamar.

Lamar said from his Albuquerque office Wednesday that he had not seen the resolution, but said any allegations of misconduct against a BIA employee would be specifically investigated, if necessary, after he had a chance to review the resolution. Lamar emphasized that Whiting is well-known as an effective criminal investigator and is well-respected within the agency.

"From our perspective at the national headquarters, we have seen exceptional progress within the Ute Mountain law enforcement department and feel that they have outstanding community policing efforts," Lamar said. "Chief Whiting and his officers have performed admirably since he was assigned there and have handled a couple of very dangerous situations very heroically. This is the first indication that we have received regarding any problems there."

A copy of the resolution could not be obtained Wednesday; the allegations were made public by Whiting, who had read a copy of the resolution but did not receive one himself.

Keith Elliot, detention supervisor for the Ute Mountain Ute law enforcement department, also had positive things to say about Whiting.

"I have high regards for Chief Whiting; he has worked to turn the department into a professional organization," said Elliot. "He is committed to providing safe and humane treatment of prisoners at this facility and ensuring that due process and procedures always be followed."

Elliot credited Whiting for encouraging officers to participate in high-profile, prevention-orientated patrols, but said that there has been some resistance to that approach.

"There is a division in the community," Elliot said. "Some people have been responsive to that philosophy, others are not. I think you will find that in every community that you go to."

Whiting, along with the entire staff at the law enforcement department, are employees of the BIA, which has operated the department since 1995 when the tribe handed operations over to them. The resolution to oust Whiting is an indication that the tribe is moving forward with plans to take back law enforcement from the BIA, an option they have under tribal sovereignty rights supported by the BIA organization, Whiting said.

If the tribe does decide to contract the service from the BIA, the budget to run the department — estimated for 2001 to be $2.4 million — would go directly to tribal coffers rather than through the BIA agency, and would allow the tribe to hire its own employees. The BIA provides community services such as land management, law enforcement and social services for the nation’s 240 federally-recognized Indian tribes if those tribe’s chose for them to do so.

During his 14-month tenure as chief of police, Whiting, a Rosebud Sioux, was responsible for hiring more officers and overseeing the allocation of equipment and increased funding allocated by the BIA as part of a $20 million federal effort to improve law enforcement service on rural reservations.

As chief, he recently posted himself in White Mesa, Utah, a small reservation community of Ute Mountain Utes that had been lacking police protection. Whiting and his staff has also been preparing the department to move into the tribe’s newly built 78-bed detention facility located in Towaoc.