18 January Elected Officers Workshop ELECTED OFFICERS WORKSHOP 2009 LEGAL MATTERS
18 January Elected Officers Workshop Today’s outline 1. Organization 2. Mission 3. Common issues Standing rules Contracts and agreements Liability generally Donations Property ownership
18 January Elected Officers Workshop Organization National L Department District L DSO and three ADSO’s No parallel staffing
18 January Elected Officers Workshop Mission L—general counsel to Auxiliary, National Board and Department Chiefs DSO-LP—general counsel to Commodore, District Board and staff, Divisions and Flotillas
18 January Elected Officers Workshop Standing Rules Operating charter (bylaws) Must conform Superior rules always trump National>District>Division>Flotilla Manual Directives/Instructions The Commandant
18 January Elected Officers Workshop Contracts and Agreements LP approval if related to real property or spending money No indemnity or hold harmless Personal liability trap Send for review as soon as possible—policy is prior legal review
18 January Elected Officers Workshop Liability Generally Instrumentality of U.S. when ‘under orders’ Federal Tort Claims Act (and others) Personal liability when ‘outside orders’ Recent Good Samaritan protection issues
18 January Elected Officers Workshop Donations Flotillas can solicit from ‘strictly’ local donors Prior DCO and DIRAUX approval All units--unsolicited donations OK Space, advertising and services—sort of OK Public entities (and Team CG) OK Flotilla retail/all raffles-OK with approval
18 January Elected Officers Workshop Donations Prohibited source determination? Approvals required >$5K—Commandant >$2500 $2500<$5K—District Commander <$2500—Commodore When in doubt…ask, ask, ask
18 January Elected Officers Workshop Property Ownership Unit can own personal property Boats, trailers, equipment Use important for liability protection Exclusive use Authorized missions U.S. property for liability purposes Unit insurance for property loss/damage
18 January Elected Officers Workshop Resources The Manuals Rule District Web Site --Legal web page Linked —click and send Today’s handout—names and phones Questions?…call us….