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The Patrol Method

Lessons and questions of Scout leadership and operating troop program

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    • National wants more Local properties evaluated and are seeking to retain JLL Valuation & Advisory Service. The list of properties remains to be specified. The following paragraphs are extracted from Dec 1, dockets 1762 and 1763. Note links below. To carry out its Scouting programs, the BSA has granted charters to 253 local councils, each of which operates in a specific geographic area (collectively, “Local Councils”). Each of the Local Councils is separately incorporated under the non-profit laws of its respective state, is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, and has an independent board of directors and senior management. The Local Councils are neither subsidiaries nor affiliates of the BSA and none of the Local Councils are debtors in these chapter 11 cases.  doc 1762 page 3,4 As the Court is aware, the Debtors and their stakeholders are currently engaged in mediated negotiations regarding a chapter 11 plan of reorganization that provides for a global resolution of claims related to abuse in Scouting. The Mediators, in consultation with the Debtors, have set a fast-paced schedule for negotiations to take place from mid-November through January 2021. The Mediators and the Mediation Parties are hard at work under tremendous time pressure. The Debtors hope that these negotiations will ultimately address how a potential settlement fund could be funded by the Debtors, Local Councils, and any other contributing parties. Because many Local Councils lack significant unrestricted liquid assets, any contribution from Local Councils in the aggregate may need to include real property and improvements as a component. Local Councils that desire to participate in such a negotiated global resolution may wish to value any real property that they seek to contribute. Accordingly, the Debtors have determined, in consultation with certain of their stakeholders, that appraisals of certain properties owned by non-debtor Local Councils (the “Local Council Properties”) are necessary to facilitate mediated plan negotiations.2 To that end, by this Application, the Debtors are seeking to retain JLL to prepare broker opinions of value of certain Local Council Properties based on analytic assessments that will generally not require physical inspection of such properties. Among other things, these broker opinions of value will provide the Debtors, Local Councils, and other constituents with important information regarding the market value of the Local Council Properties. These opinions will aid any Local Councils that decide to participate in a potential settlement in connection with the Debtors’ chapter 11 plan that also require valuations of certain of their Local Council Properties.3The valuation opinions will not take deed donor restrictions into account. doc 1762 page 4,5 At present, the Debtors estimate that JLL will appraise approximately 300 Local Council Properties, representing fee simple interests in office buildings, campgrounds and certain other properties, including vacant land. JLL has substantial expertise in the areas described above, and if, this Application is approved, will provide services to the Debtors under an order approving this Application. JLL will work closely with the Debtors’ management and professionals throughout the appraisal process. The Debtors will attempt to coordinate with other stakeholders, including the Tort Claimants’ Committee, the Ad Hoc Committee of Local Councils, and individual Local Councils, to identify particular Local Council Properties to appraise.  doc 1762 page 6,7 .... The Debtors are aware that other constituents, including the Tort Claimants’ Committee, may also be seeking to retain an appraiser to conduct broker opinions of value of certain Local Council Properties. The Debtors have had preliminary discussions with the Tort Claimants’ Committee regarding the utility of appraising certain Local Council Properties in connection with the plan mediation, and the Debtors and JLL are committed to working collaboratively with any appraiser that might in the future be retained, including by the Tort Claimants’ Committee, to avoid unnecessary duplication of services. doc 1762 page 7 engagementt letter doc 1762 page 23 "Therefore, the Debtors are seeking to retain JLL Valuation & Advisory Services, LLC (“JLL”), to prepare broker opinions of value with respect to certain Local Council properties. These broker opinions of value will provide the Debtors, Local Council and other constituents with important information regarding the market value of the Local Council properties. In order to promptly receive the broker opinions of value and maintain efficient mediated plan negotiations, the Debtors must retain JLL without delay.  doc 1763 https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863786_1762.pdf https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863788_1763.pdf https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/863866_1765.pdf  <--- order signed by Judge Silverstein
    • Aren't they really the same thing? "Atheism is in the broadest sense an absence of belief in the existence of deities." How is that any different from non-theism? As for the question: "is Buddhism an atheistic religion," you have to get into the weeds about what constitutes a belief in a deity or deities. While it is true that Buddhism doesn't have the concept of a "creator god", there is a belief in beings who's labels are often translated into English as "gods" or "demi-gods". Do those count? Buddhists don't "pray", or do they? Now you have to get down into the weeds again and define what is a "prayer". Is meditation a prayer? I once had a Buddhist tell me they don't pray because "there is no-one listening", which is assuming that a prayer must be addressed to something outside oneself. But that sure looks a lot like what a Pure Land Buddhist does when they send entreaties to Amitābha to let them in to Sukhāvatī? Or is that a fundamental misunderstanding of what a Pure Land Buddhist does? All this is just a way of saying that the BSA and us scouters should not be in the business of "judging" someone-else's faith. For an organization that endeavors to be open to people of all faiths, as soon as you say "you must acknowledge X", you quickly get lost in the weeds and are in trouble. Who are we to be judging if some kid's faith is "good enough", especially when that faith is significantly different than our own? Or even if it's purported to be the same?
    • I heard of a report 30 years ago of a bus in Philadelphia that was rear ended by a car. The driver of the bus said the bus barely moved when it was hit, so none of the 5 passengers were hurt. Yet, 36  injury reports were filed against the city within the day.    Barry
    • The vast majority of claims -- 85% -- have been filed by men aged mid forties to 50s, so many of the perpetrators as well as potential corroborating witnesses are likely still alive. An additional small percentage of claims have been filed by people younger than mid forties, so perhaps 90% may be subject to to some kind of reasonable validation. I don't know the specifics of how this assessment will be conducted, but in other situations things such as case clustering in time and or location could be considered as somewhat corroborating. My question though has been whether or how any perpetrators identified will be held individually accountable through this process. 
    • Hi @LoriT. Welcome to the forum.
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