CynicalScouter

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 clearing out the board. Only the board itself can clear out the board or replace members of the board under 36 USC 30903 ("A vacancy on the board shall be filled by a majority vote of the remaining members of the board.")

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.

Because they are the first.

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.

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/Participation Guidelines Regarding Communicable Diseases Prevention of Communicable Diseases in Scouting: Recommendations for Unit and Council Event Leaders Pre-Event Medical Screening Checklist Model Pre-Event Medical Screening Checklist (COVID-19 version) You are of course free to go camp all you want, but you cannot do so under the banner/umbrella/name of scouting.

Lions must have a parent, per BSA. I know some packs that have imposed the parent rule at least for the younger ranks.

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?

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.

Yes, EXCEPT tenting outside of Cub Scouts.

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.

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 MIGHT MAYBE be covered if he is providing IT support services to a doctor, hospital, or a health plan. But if Boy Scouts of America and/or your local Council and/or your local Troop decided to broadcast your medical records, it does NOT violate HIPAA. Might violate other state/local laws and might also be the basis for lawsuit (breach of duty to keep private) but it is NOT a HIPAA issue.

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 year after that. It is impossible to development a membership based on annual turnover like that.

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.

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

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).

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 that has been grossly misunderstood in the last 6 months, it is HIPPA and who it covers) do NOT scan it. Don't. Don't. Don't. It is just too fraught with peril and panic on the part of parents who will misinterpret HIPPA to think you are doing something wrong. Just. Don't. Fourth, as for "loopholes" ask yourself this: if it is wrong for you as an adult leader to do something, does it make it any better to direct a non-registered adult to do the wrong thing for you? Answer: No. What my unit does is this. There is an event binder that is made up of copies of the A/B/C for those scouts and leaders who are going. This is in the hands of the Adult Leader/Scoutmaster. There is also a Troop binder with copies of the A/B/C for all registered adults and scouts. This is held by our Medical Forms person who is a registered adult leader/committee member. We do NOT scan unless it is an absolute emergency (read: the event will be cancelled or a scout will be forced to go home). The Medical Forms person back home could, in that emergency, scan and email. We've never had to do this.

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.

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.

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 premium hikes, and depleting coffers. They'll be bankrupt and merged into other councils (likely) OR restructure their debt and allowed to re-emerge as stand alone councils (very unlikely). How many will go bankrupt? It is really hard to say to not make is wild speculation. The hard part will be option #2 and forced mergers. I suspect Council A will NOT want to take on a crippled/dying Council B in a merger and may insist that Council B goes through bankruptcy first, settles all claims, and then merges.

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.

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 phrases the corporation adopts." The only recorded instances of congressionally chartered entities dissolving is where the entity's membership reaches zero. For example, when the last World War I veteran dies, so does Veterans of World War I of the United States of America, Incorporated The same happened with the Grand Army of the Republic. The odds that a bankruptcy court judge is going to order the dissolution of an entity that Congress has declared to be perpetual is about zero.

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.

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, resulting in a death spiral) or close up shop and convert your bankruptcy into a liquidation/fire sale.

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.

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 Unearned fees and subscriptions 42,799,000 38,240,000 Notes payable including line of credit 224,517,000 112,203,000 Insurance reserves 234,845,000 70,050,000 Payable upon return of securities loaned 1,881,000 55,232,000