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CynicalScouter

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Everything posted by CynicalScouter

  1. The more I look at this, the more I question the legality of some outside entity "buying" Boy Scouts of America. The corporate entity itself, as chartered by Congress, appears to be simply unsellable. Boy Scouts of America assets can be sold, (OTHER than those given to Boy Scouts of America by Congress 36 U.S. Code § 30905) and any real property it has can be sold under certain restrictions (36 U.S. Code § 30904(b)), but the charter would seem to make it impossible to authorize a sale of the corporation itself. Moreover, any buyer would be prohibited by the charter itself from cleari
  2. Given the potential legal liability? I would hope every single one. Given the obligation each unit and council has to comply with the law? I would hope every single one. EDIT: Note that national's policy on this is that this is taken directly from the Guide to Safe Scouting: units and council may camp "absent any legal constraints." A governor's (lawful, not overturned by the courts) limitation like the one above? That's a legal constraint.
  3. Here's the additional information. Notice the provision "absent legal constraints." If Council believes that units are legally constrained from conducting camping, then Council gets to make that call. Don't agree? Talk to a lawyer.
  4. Depends. There's a whole bunch of things getting conflated here. 1) No unit camping at Council Camps. This was the original poster's example. Of course a council can decided whether to open or close its own camps due to health concerns. 2) No unit camping at all. The council is well within its rights to say that it is NOT safe based on current health conditions to conduct any official scout camping. That's not a charter violation at all. EDIT: And National has specifically authorized Councils to make these calls. Boy Scouts of America Local Council Membership/Part
  5. Lions must have a parent, per BSA. I know some packs that have imposed the parent rule at least for the younger ranks.
  6. OK, then how about this rule. So, you are on a Scouts, BSA camp out and decide that you are going to tent with your son (we've had this come up with camping in my area due to COVID). Are you therefore indicating that you'll ignore the rule and tent with your son?
  7. Wild guess as to why the bouncing: she tried pulling this with the pack they transferred to and they told her off/BSA does not stand for Baby Sitters of America.
  8. Yes, EXCEPT tenting outside of Cub Scouts.
  9. Sorta. The research I've see has suggested that millennial believe in "flat" organizational structure. No hierarchy. EVERYONE is a leader. This is great, to a point. But it also results in a one-person or a minority veto ("cancel" culture) where is a vocal enough portion of a group objects, nothing happens.
  10. As I said previously: HIPAA is the most misunderstood law and it has gotten worse since COVID. The HIPAA Rules apply to covered entities and business associates. What is defined as covered entities and business associates? Only three entities A Health Care Provider A Health Plan A Health Care Clearinghouse Are you a health care provider? Are you a health plan? Are you a health care clearinghouse? Here's a handy chart to walk you through it. No? Are you the business associate of any of the above 3? No? Then So, your IT guy M
  11. That's exactly right. Millennials are actually more likely to volunteer that other generations BUT a) they will only stay with something for a short time and b) they want it easy. I saw a presentation where the speaker made this point. His father was with the Sierra Club for decades. Had an old, tattered Sierra Club card from 40 years prior in his wallet. He was part of some organizations in his youth/early career but towards the latter half changed focus to another set. Millennials are likely to donate/volunteer for one cause this year, another next year, and another the y
  12. Same reason why adult applications and 90% of the registration process is paper: institutional inertia and (most recently) the mass layoff at National crippled their ability to anything new.
  13. First, others are allowed to continue because in order to end them Congress would have to pass a bill revoking the charter. That's not going to happen. Second, the DuctTape Scouting Association (the DSA) can get a Congressional Charter just like any other association can: just lobby, lobby, lobby. Third, Congress does still issue charters. BUT
  14. The Corporation is perpetual. 36 U.S. Code § 30901 Unless you think that a bankruptcy court is going to strike down a Congressional Charter as unconstitutional (hint: they won't).
  15. First, welcome. Second, BSA practice is for the committee to have two registered adults for this. The Committee Secretary is to keep the unit versions of the form. ("Work with the outdoor/activities coordinator to assemble the medical and insurance binder for the Scoutmaster to take on each outing.") and the outdoor/activities coordinator ("Work with the secretary to assemble the medical and insurance binder for the Scoutmaster to take on each outing.") Unregistered adults should NOT be in charge of this. This is just bad practice. Third, HIPPA aside (and if there's one law
  16. Keep in mind, tax exemption for IRS purposes covers a broad array of activities that do not have to be 100% what we think of as charities. For example, Boy Scouts of America as an organization chartered by Congress would qualify for tax exempt status as a 501(c)(1) even if 501(c)(3) was repealed tomorrow while the local councils are 501(c)(3). Want to complain that 501(c)(3) is too broad and covers too much? Take that up with Congress, not the BSA.
  17. The current (meaning last fiscal year) can usually be found online. No need to poke the bear While 990s are due May 15 of the following year (e.g. 2019 was due May 15, 2020) almost every not-profit, including Councils, I know takes advantage of the automatic (on request) 6 month deferral until November 15. The real challenge is when you ask for financial statements. 990s tell you broad categories. Asking where particular funds went/are going is a whole other matter. Asking for THAT gets you the scout executive and/or boards ire.
  18. Something that came out of a thread about National's bankruptcy by @Cburkhardt is Council bankruptcies. I think there are two ways they go into bankruptcy. 1) Most councils will climb on board the global settlement agreement that is eventually struck by national. BUT in order to participate, many will have to come up with so much money as part of their share of the settlement that they will be forced into bankruptcy. 2) Councils that survive the initial payouts without the need to go bankrupt are going to face enormous pressure from declining memberships, COVID, insurance premiu
  19. Totally agree, but think this should be in the council relations section? I'll start a thread there, because I agree it should be discussed.
  20. I wanted to post this separately, because I think the idea of a liquidated National that no longer exists is about 0% likely. A crippled, hobbled, penniless shell? Yes. Total liquidation? No. And it is the congressional charter that may save it. The Charter is currently codified as 36 U.S. Code Chapter 309 https://www.law.cornell.edu/uscode/text/36/subtitle-II/part-B/chapter-309 It grants Boy Scouts of America perpetual existence. It provides the Executive Board of the Boy Scouts of America exclusive power to "use emblems, badges, descriptive or designating marks, and words or phrase
  21. Except, and this is the big exception, that the IP is defined by statute and therefore cannot go beyond the corporation created by statute. The Bankruptcy court cannot override a statute unless it somehow held the provision unconstitutional (it won't). https://www.law.cornell.edu/uscode/text/36/30905 The corporation is defined by statute as perpetual. I don't see a bankruptcy court overturning a congressional statute.
  22. My understanding was that when it went from $60 to $66 national was also prepared to announce two more years increases ($66 to $72 and $72 to $75) in the upcoming years with the promise of freezing in place at $75 after 2022. So sayeth Middle Tennessee Council https://mtcbsa.doubleknot.com/CMS/PageViewer.aspx?PageID=19549&preview=yes You have a dwindling membership base and an expensive infrastructure PLUS massive insurance premium jumps AND a potential billion dollar settlement in the offing. You either keep jacking up fees (which further reduces membership, resultin
  23. Still get a ton of "son (now daughter) has to make Eagle to get into college/good career". They are buying a credential and dragging the kids along for the ride.
  24. Here's what I found. https://www.scouting.org/about/annual-report/ 2019 2010 Accounts payable and accrued liabilities 105,536,000 51,587,000 Gift annuities 7,099,000
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