WHAT THE GARRISON JAG WOULD LIKE TO TELL YOU ABOUT PRIVATE ORGANIZATIONS

1. WHAT THE GARRISON JAG WOULD LIKE TO TELL YOU ABOUT PRIVATE ORGANIZATIONS Steve Blewett Attorney-Advisor IMCOM-Europe DSN 370-6638

3. AGENDA • OVERVIEW • HOW TO BE A HEALTHY PRIVATE ORG • INSTALLATION SUPPORT • FUNDRAISING • ETHICS CONSIDERATIONS • PITFALLS • REFERENCES • QUESTIONS

4. AGENDA • ALL SERVICES • ARMY • AIR FORCE

5. OVERVIEW • WHY POs ARE REGULATED • DOD POLICIES • SOFA REQUIREMENTS • FISCAL LAW LIMITATIONS • APPROPRIATED FUND SUPPORT • NON-APPROPRIATED FUND SUPPORT (NAF) • ETHICS CONSIDERATIONS

6. OVERVIEW • WIDE VARIETY OF PRIVATE ORGANIZATIONS • HN RECOGNITION (Germany) • Spouses Community Service Clubs • RED CROSS • UMD; CTC • STATUTORY AUTHORITY TO SUPPORT • USO • SCOUTING ORGANIZATIONS • RED CROSS • AER, AFA, AND NMCRS • FISHER HOUSES

7. OVERVIEW • OTHER EXCEPTED PRIVATE ORGANIZATIONS • RECREATIONAL ORGANIZATIONS SUPPORTED BY MWR FUNDS • BOWLING LEAGUES • YOUTH SPORTS TEAMS • EDUCATIONAL ORGANIZATIONS OPERATING IN CONJUNCTION WITH DoDDS • KEY CLUB • DRAMA AND MUSIC CLUBS • PTA

8. HEALTHY PRIVATE ORGANIZATIONS • TO OBTAIN PERMISSION TO OPERATE ON A MILITARY INSTALLATION, POs NEED: • WRITTEN CHARTERING DOCUMENTS • CONSTITUTION, BY-LAWS, ETC. • MUST INCLUDE: • CLEAR DESCRIPTION OF NATURE, FUNCTION, & OBJECTIVES OF PO • MEMBERSHIP ELIGIBILITY • ACCOUNTABILITY FOR ASSETS AND LIABILITIES

9. HEALTHY PRIVATE ORGANIZATIONS • CHARTERING DOCUMENTS MUST INCLUDE • NO ILLEGAL DISCRIMINATION • NO LIABILITY ON GARRISON OR ARMY • GC CAN REVOKE AT WILL • A STATEMENT THAT PO WON’T PROPOGATE EXTREMIST VIEWS OR ADVOCATE OVERTHROW OF US GOVERNMENT • AGREE TO REIMBURSE FOR UTILITIES[?]

10. HEALTHY PRIVATE ORGANIZATIONS(CONT’D) • OBEY ALL TAX LAWS – US & HOST NATION • LEGAL ASSISTANCE NOT AVAILABLE • HOST NATIONAL TAX ADVICE ADVISABLE

11. HEALTHY PRIVATE ORGANIZATIONS(CONT’D) • ADEQUATE INSURANCE TO COVER LIABILITY FOR PROPERTY DAMAGE OR BODILY INJURY • WING COMMANDER OR MSG/CC MAY WAIVE CONTINUOUS LIABILITY COVERAGE • MAY REQUIRE SPECIAL EVENT COVERAGE • WAIVERS MUST BE ANNUALLY REVIEWED • NO WAIVER AUTHORIZED • UNLESS PARENT ORGANIZATION INS COVERS LOCAL CHAPTER

12. INSTALLATION SUPPORT • GENERAL SUPPORT • REGULATED BY SERVICES • FACILITIES WITH SOME UTILITIES • ELECTRICITY AND PLUMBING • REIMBURSEMENT AGREEMENT UNLESS INCIDENTAL • PERMISSION TO HOLD ACTIVITIES • PERMISSIBLE USE OF OFFICIAL COMMUNICATIONS • NAF SUPPORT GENERALLY PROHIBITED

13. FUNDRAISING • PERMISSION FROM INSTALLATION COMMANDER • GARRISON COMMANDER • DELEGATED TO SERVICES SQ/CC • RESTRICTIONS ON TIME, PLACE, MANNER • RULES ON FINANCAL ACCOUNTING • FUND LIMITS; AUDITS; ETC. • CFC RULES

14. FUNDRAISING • SOFA STATUS AND LOCATION • FUNDRAISING LIMITED TO PERSONS WITH SOFA STATUS • Money may not be solicited or accepted from: • Host Nation citizens • Other individuals not authorized SOFA status or Individual logistic support • MUST BE CONDUCTED ON-POST

15. FUNDRAISING • CASINO NIGHTS & RAFFLES • Subject to normal fundraising rules, including approval process • Play money or chits only: NO legal currency ( $$ May be used to purchase other items, i.e. snacks, drinks, mementos) • Participants need not be members of PO, but must BE ADULTS & have SOFA status

16. FUNDRAISING • RESALE OF TAX-FREE ITEMS • Permitted ONLY if resale will be exclusively to persons with NATO SOFA status • “Disposal of goods imported duty-free or acquired under tax-relief shall be permitted among members of the forces, of civilian components and dependents…” – Art 66, Par 4, NATO SOFA Supplementary Agreement

17. ETHICS CONSIDERATIONS • FEDERAL EMPLOYEESTANDARDS OF CONDUCT • No preferential treatment to any non-Federal Entity (NFE) (includes endorsements) (#8) • Don’t misuse public office for private gain (#7) • Government resources may only be used for official and authorized purposes (#9) • Avoid actual, or the appearance of, conflicts of interest (#12; #2) • DOD JOINT ETHICS REGULATION

18. ETHICS CONSIDERATIONS • PARTICPATION IN AN OFFICIAL CAPACITY • Must be Officially Tasked by Sec Army • Liaison Capacity – For Army Benefit, Not the PO • All Other Participation Must be in Personal Capacity • PERSONAL PARTICIPATION ON THE BOARD • Must Avoid Conflict of Interest • Request to Participate Based on your Position • Personal Participation as BOARD Members Not OK Without Ethics Advisor Approval

19. ETHICS CONSIDERATIONS • DOD MEMBER PARTICIPATION MUST NOT INVOLVE • POLITICAL ACTIVITY • LOBBYING • ACTIVITY INCONSISTENT WITH GOVERNMENT EMPLOYMENT

20. PITFALLS • USE OF SERVICE IDENTIFIERS IN PO NAME OR LETTERHEAD • USE OF LOCAL UNIT OR POST SEAL, INSIGNIA OR IDENTIFIER • OFFICIAL ENDORSEMENT • COMPETING WITH AAFES OR MWR • PERSONAL PROFIT

21. PITFALLS • COMMAND INVOLVEMENT • ONLY IN PERSONAL CAPACITY • AVOID APPEARANCE OF IMPROPRIETY • NO SOLDIERS ASSIGNED TO PO DUTIES • ALTHOUGH EACH POST HAS PO LIAISON • SERVICES SQ • DMWR • NO PARTIALITY OR ENDORSEMENT

22. FINAL POINTS • FRGs ARE NOT PRIVATE ORGANIZATIONS • INFORMAL FUNDS ARE NOT SUBJECT TO SAME REGULATIONS • CUP AND FLOWER • HOLIDAY PARTY

23. REFERENCES • Department of Defense Instruction 1000.15 • Army Regulation 210-22 • Army Europe Regulation 210-22 • Air Force Instruction 34-223

24. US Scouting Organizations • “Chartered” by Federal Government (DoDI 1015.9), NOT by installation. • Significant logistical support. • NAF and some APF support.

25. Questions?