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fred8033

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Everything posted by fred8033

  1. ... and ... you (I assume) have a spouse and a job. You need to save time and energy for both. Be careful. Don't let scouting cost you a promotion or a marriage. Seriously.
  2. So that sounds like NOT reviving closed SOL periods. Am I wrong? I'm trying to marry that with the writing that it's a three year window of reopened liability. "3-year window will open on January 1, 2022 for claims against perpetrators, private organizations, and government for abuse from 1960-2021. The law is not * Description only indicates that a law revives against the government if the statute explicitly mentions public entities or case law clearly supports that conclusion. This list also does not include revival via delayed discovery rule. www.childusa.org | 3508 Market Street, Suite
  3. Doesn't this table reflect chance of being sued? I'm sure there are other factors too (number of victims), but most of these councils have closed SOL liabilities. ... most ... https://childusa.org/wp-content/uploads/2020/05/WindowsRevival-Laws-for-CSA-Since-2002.pdf Closed Sam Houston Area - Texas - Closed. No revival for expired SOLs. Probably won't have one Northern Star - Minnesota - Closed. Three year revived SOL lookback window expired in 2016. Greater St. Louis - Missouri - Closed. No open lookback window Atlanta - GA - Cl
  4. Amazing how I want to debate a change that is incredibly reasonable. It's not wrong. Very understandable change. I think it's because I just like short MB names. Medicine over Health Care Professional. Also, I like action-oriented MBs. First Aid preferred over Health Care Professional. Plumbing or welding over American Labor. Otherwise ... ok.
  5. Those who guided BSA into the situation are mostly dead. ... Not all, but most. ... 1960 chief scout and executive board? 1970s? 1980s? Those from the last twenty years have been trying to find a path out. Even those from that era were trying to handle very hard situations. People want to feel better about themselves by blaming those from the past that are not here to defend themselves. I'm really, really not sure those commenting now would have done any better back then. In many cases worse. I'm not an apologist for BSA, but come on. The IVF files are evidence of BSA tr
  6. Yes, BSA could establish a viable five year business plan. BSA as a business is an interesting beast. Most of the value are intellectual products (badges, ranks, lessons, structure). Some value is in Philmont and the high adventure camps. From what I see, BSA could drastically scale down and then slowly over time re-establish itself. BSA is not like a manufacturing company where raw material, manufacturing, product design, etc could risk it not competing in the future. I really believe BSA has a strong course back. As for local councils being sued into insolvency ... The
  7. This seems like the sausage analogy where things can be really ugly to get a result. Many LCs will walk away from the agreement if required to surrender the majority of their assets. Many LCs can use SOL protection. Many LCs might have already settled on individual claims. Many might do better with their own bankruptcy in their own state. In any case, LCs might do better simply because they continued to control the funds now. If suspect if you ask LCs to give up 50% or 75% or more of their assets, most LCs that can will walk.
  8. @SiouxRanger ... Fundraiser app. Not the main proposal. Council approval. Not the beneficiary. ... Unless I miss read a key part. If the proposal was signed off and report was signed off, you are good. ... Even if the proposal was not signed off, there are still paths as the project is required; not the paperwork. If the scout can demonstrate develop, plan and lead, there are still paths forward. ... Fundraiser app exists to prevent things from going south.
  9. You should be fine. Submit your paperwork. The approval form is targeting special situations where you make financial commitments or compete with the council or could represent scouting badly. I've rarely seen an Eagle project fundraiser that crosses the line. Unless it's a really special fundraiser, you should be fine.
  10. Absolutely. If a lawyer hands in a 50/50 split of ballots (or anywhere close) than the submissions don't strongly influence the result. If the ballots all lean one way or another, it can strongly sway the vote. ... Seems like a game right out of TV Survivor.
  11. This really feels like it needs to simplify down to BSA's bankruptcy. Get rid of the external distractions. Remove LC contributions and protections. Remove insurance company contributions and protections. Get this back to the original topic; BSA bankruptcy. How much can BSA contribute and keep running as an on-going concern. There are just too many tangents to coordinate well to any sort of closure.
  12. Can lawyers submit the votes for the clients they represent? Or do they need signatures of the actual clients? ... and on a sarcastic note ... what if hundreds / thousands of those signatures all happen in a few minutes right before the deadline and are mailed from the same place? So that should be acceptable to preserve clients rights against a deadline right?
  13. Interesting defense. Does it prove a separate entity or just further demonstrates a dysfunctional situation. For years, units would go into banks and an EIN wasn't required. Then about 15 years ago (??), it became required. So, bankers would share their computer screen with unit leaders and go to the IRS web site and create a new non-profit to get the EIN .. right at the banker's desk ... and apply for an EIN. Effectively, opening the check book created a separate independent identity. So, ownership was unclear. Registered BSA leaders were subverting the CO authority. O
  14. A new unit number too. Promotes a new separate identity so that previous history is previous history. Probably legally meaningless, but it would help identify that it was a different organization.
  15. Until fairly recently, that's how most organizations worked. Vetting was seen as a competency question and weeding out evil.
  16. I have lots of CO / unit leader related questions ... Questions triggered by our own scouting unit. We cleaned up files no one wanted to store in their own garage. We were chatting about unit history. ... etc ... QUESTION #1 ... Establishing CO liability ... This seems like it will not be easy at all for probably up to half the units? Does that sound right? Our unit doesn't have any reported cases from any time ... I believe. ... but if it did ... Reason #1 Lack of historical CO knowledge ... A few of our leaders know our unit had multiple COs. Last 20
  17. My only frustration was that most of it was passable though it will trigger debate on what is fair ... what is equitable ... not everyone agrees. The problem I had was one video then went on an ugly tangent that was introduced very late in the training and seemed to be from another course or another agenda. Overall the training was good.
  18. Yes and no. The difference is when. 1970s/1980s/1990s yes. Since 2000, I pray not. Time Frame --> Mandatory reporting & Enlightened understanding of CSA ... Very different ... Time frame absolutely creates a big difference. Most BSA cases (we are talking about) are BEFORE the nation well understood abuse and before scout leaders became legally required to report. USA Gymnastics incidents are very recent. Late 1990/2000s/2010s. Well after CSA became understood. USA Gymnastics leaders MUST have fallen within a mandatory reporter role. Either they were responsible for runn
  19. Pending request from Deck Shifflet to depose Jackie Lemanczyk about the missing appendix in the aggregator's manual.
  20. I'm sure it will be used to mitigate penalties. Mass signing. Cutting and pasting signatures. no penalty because of time pressure. ... but ... "changing details"? ... submitting for claimants that had changed their minds? ... duplicate? (depending why? to get numbers up?) ... saying claims would be anonymous? At what point does it change from time pressure to a violation? When does circumventing clearly understood expectations become willful fraud?
  21. I realize accusations are often more harsh than final findings. From the above, it really feels professional discipline should happen; at minimum some type of chastisement / penalty. Even "blank claims had signatures" seems like explicitly wrong. Exactly how many corners can be cut before someone is disciplined. Seems shallow to defend it with time pressure to get in under the deadline. Is there any chance this will result in professional discipline? Heck, if I was an insurance agent, I'd really want to force that to hammer down future legal shenanigans.
  22. Agreed. Anyone can file. It does not mean you have standing or you are invested in the result. I was trying to differentiate the "as invested" and voting on a settlement. ... To be honest, it's incredibly weird to me that those voting on the result would not be already determined to be rightfully invested.
  23. Just because you filed does not mean you have legal standing. It means the paperwork has not been resolved and decided. One decision can be that you don't have legal standing. There will definitely be cases thrown out for many reasons and probably including standing. Perhaps some were already settled once and lack standing to sue again.
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