If I ran council X ... I would want to know what the TCC is looking for as a payout for a settlement. That way, I can go back to our leadership and determine ... do we fight or surrender. I know they didn't give actual values yet, but at least it gives me an idea of the process on how to get that so I can prepare.
I have a mixed opinion on this. I know it’s nearly impossible to have 100% safety and society has changed over time in terms of understanding child sex abuse and how to increase protections. I do think BSA is doing most of what it can now.
That said, I really struggle saying BSA wasn’t at fault pre 1990s. What is your thoughts when you hear that the head of the Big Brother program approach the BSA to work on preventing sex abuse in 1980 and the BSA did nothing. That psychologist in 1981 wrote to BSA leaders that they need to vet Scoutmasters more given the abuse. Nothing. That BSA leadership never even gave the sex abuse reports to their safety committee (their safety leader said at one point more scouts drowned than were abused which was 1000% false). There are reports of BSA employees actively asking parents not to file charges and asking police chiefs to keep reports out of newspapers. BSA leaders (both national and council) admitting they kept this quiet as it was bad for business.
Again, I know hindsight 20/20 and some of this was the society at the time. I also know at some point you have to move on otherwise many organizations should disappear. But when I see Big Brother program and others pointing out the issue in the 1980s and BSA leaders quotes where they actively hid the situation... I really struggle to defend the BSA. In the end, hundreds of not thousands of men joined the BSA with the intent to have sex with boys. Based on what I see, too many employees of the BSA covered this up.
A big part of the funding came from the BSA. They had to spend $6.8M on those ads. However, I believe you are correct that other funding came in as well.
I don’t know the TCC opinion about this, but it seems most law firms filing objections over the offer are taking a different legal path.
1) BSA must provide at least the amount to the settlement trust as if National goes chapter 7.
2) If national goes chapter 7, there is no national BSA to renew local council charters.
3) If a local council charter isn’t renewed, then per the terms of their initial charter, 100% of their assets must be given to National BSA.
4) So the liquidation offer must be the liquidation of the entire BSA.
It would help if the judge rules on this theory.