1. 18 January 2009 1Elected Officers Workshop ELECTED OFFICERS WORKSHOP 2009 LEGAL MATTERS

2. 18 January 2009 2Elected Officers Workshop Today’s outline  1. Organization  2. Mission  3. Common issues  Standing rules  Contracts and agreements  Liability generally  Donations  Property ownership

3. 18 January 2009 3Elected Officers Workshop Organization  National L Department  District L  DSO and three ADSO’s  No parallel staffing

4. 18 January 2009 4Elected 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

5. 18 January 2009 5Elected Officers Workshop Standing Rules  Operating charter (bylaws)  Must conform  Superior rules always trump  National>District>Division>Flotilla  Manual  Directives/Instructions  The Commandant

6. 18 January 2009 6Elected 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

7. 18 January 2009 7Elected 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

8. 18 January 2009 8Elected 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

9. 18 January 2009 9Elected Officers Workshop Donations  Prohibited source determination?  Approvals required  >$5K—Commandant  >$2500 $2500<$5K—District Commander  <$2500—Commodore  When in doubt…ask, ask, ask

10. 18 January 2009 10Elected 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

11. 18 January 2009 11Elected Officers Workshop Resources  The Manuals Rule  District Web Site --Legal web page http://www.d11nuscgaux.info/legal/ http://www.d11nuscgaux.info/legal/ --Linked email—click and send  Today’s handout—names and phones Questions?…call us….