family readiness groups legal and financial issues l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES PowerPoint Presentation
Download Presentation
FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES

Loading in 2 Seconds...

play fullscreen
1 / 30

FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES - PowerPoint PPT Presentation


  • 375 Views
  • Uploaded on

FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES. COL Michael J. McKenna Staff Judge Advocate Joint Force Headquarters Wisconsin. 10 April 2010. FRG…Formal Definition.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES' - cutler


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
family readiness groups legal and financial issues
FAMILY READINESS GROUPS: LEGAL AND FINANCIAL ISSUES

COL Michael J. McKenna

Staff Judge Advocate

Joint Force Headquarters

Wisconsin

10 April 2010

frg formal definition

FRG…Formal Definition

Definition. An officially command-sponsored organization of family members, volunteers and soldiers belonging to a unit, that together provide an avenue of mutual support and assistance, and a network of communications among family members, the chain of command and community resources.Goal. One major goal of the FRG is to help family members feel that they are an integral part of the Army family.

2

mission statement from ar 608 1

Mission Statement from AR 608-1

FAMILY READINESS GROUPS

Mission statement. FRGS will provide mutual support and assistance, a network of communications among family members, the chain of command and community resources. FRGs wil assist unit commanders in meeting military and personal deployment preparedness and enhance the family readiness of the unit’s soldiers and families. AR 608-1 App. J-1

3

frg mission
FRG Mission

An extension of the unit providing command information

Mutual support between command and FRG membership

Advocate efficient use of community resources

Help families solve problems at the lowest level

4

ar 608 1 j 2 c
AR 608-1, § J-2.c.

FRG…What kind of entity?

FRGs are official DA programs

FRGs are subject to statutes & regulations on official activities

Includes JER

5

ar 608 1 j 8
AR 608-1, § J-8

As a DA activity, FRGs

MAY NOT:

- Engage in External Fundraising

- Solicit Gifts & Donations

In response to an inquiry, may inform potential donors of the needs of the Army in relation to assisting families. 

6

ar 608 1 j 7 e
AR 608-1, § J-7.e.

FRGs are not established to:

1. Raise Funds

2. Solicit Donations, or

3. Manage large sums of money

FRGs not equipped to:

1. Manage tax &

2. Accounting issues

7

frgs resources
FRGs-Resources

1. Can utilize government resources for their mission essential activities.

2. Can utilize volunteer efforts.

3. Can utilize “informal” funds with limitations.

8

ar 608 1 j 7 e frg informal fund limitations
AR 608-1, § J-7.e.FRG “informal” fund limitations

May raise no more than $10,000 in one calendar year

May not accept more than $1,000 per donation

Funds must be earmarked for expenditure

FRG must submit a written fundraising request to the Commander

A fundraising request must specifically itemize how funds will be used

Commander must approve fundraising

9

funds management
Funds Management

Informal Fund is:

Benefit of all FRG members

IS NOT

Not designed to generate profits

Not a cup and flower fund – not used to buy baby gifts, wedding gifts, sympathy gifts

Is not a Private Organization

Is not for the purpose of fund raising

Is not to be used for military activities

10

authorized use of frg informal funds
Authorized Use of FRG “informal” funds

Create FRG newsletters that contain:

1. Predominantly unofficial information

2. Purely social activities

Examples:

- Parties

- Social outings

- Volunteer recognition

- Picnics

11

unauthorized use of frg funds
Unauthorized Use of FRG Funds

CAN NOT:

Augmenting unit informal funds

Purchasing items or services that can be paid for with appropriated funds

Purchasing traditional military gifts

Funding the unit ball

12

frg informal funds management
FRG Informal Funds Management

Commanders must appoint a treasurer

Must be different person than FRG leader

Cannot be a military member

Treasurer must

Submit monthly report to commander

Account for all funds in and out of the account

13

raffles
Raffles

Raffles are Gambling if consisting of:

Consideration

A Game of Chance

Offering of a Prize

14

raffles15
Raffles

JER § 2-302(b) prohibits gambling on federal property & requires compliance with state law

Wis. Stat. § 563.90

License is required to conduct a raffle

WING is not a qualifying agency eligible to obtain gambling license

Raffles are a form of gambling

Gambling is prohibited on state property

15

authorized fundraisers
Authorized Fundraisers

Fundraising by organizations composed primarily of DOD or DA employees and their dependents when fundraising among their own members or dependants for the benefit of their own welfare funds.

Fundraising must be approved by the Commander after consultation with the ethics counselor.

JER § 3-210(a)(6)

16

fundraising
Fundraising

Fundraising must be for the organization’s informal fund

Fundraising not allowed for:

1. private charity

2. military member

3. similar cause

Commander approval required

17

fundraising in a private capacity
Fundraising in a Private Capacity

FRG members in an off-duty status & in a private capacity may fundraise for private causes or non-Federal entities

18

types of volunteers
Types of Volunteers

Statutory Volunteers; 18 U.S.C. § 1588(a)(3)(A)

– donate services to the Guard FRG however receive reimbursement for incidental expenses

Travel pay for training events

Child Care reimbursement while conducting training or preparation for unit events

Telephone reimbursement for calling tree responsibilities

19

types of volunteers20
Types of Volunteers

Statutory Volunteers

May not receive reimbursement if they are participating in a unit fund raising event

If you are volunteering for a private organization, even if the event is in support of a guard unit – you may not claim/ or receive reimbursement for this event

20

types of volunteers21
Types of Volunteers

Gratuitous Service

Provide service without the expectation of receiving any compensation or reimbursement

Will agree in writing to waive any and all claims against the Government that may result during their volunteer time

21

slide22
FRG
  • Governed by service regulations.
  • Receives official support and endorsement by the command.
  • Receives appropriated Gov’t funding.
  • FRG volunteers are “statutory volunteers” under 10 U.S.C. § 1588.
  • Statutory volunteers are deemed Gov’t employees
fundraising key issues
Fundraising…key issues
  • Fundraising is like alcohol!
  • Almost everyone likes it.
  • Some people never get enough.
  • It is generally legal but presents many problems.
  • It causes people to do things to their co-workers or friends that they would not otherwise do.
fundraising24
Fundraising
  • An FRG can not supplement its official funding.
  • Article I, Section 9, Clause 7, U.S. Constitution:
    • “No money shall be drawn from the treasury except in consequence of appropriations made by law.”
  • 31 U.S.C. § 3302(b) – Miscellaneous Receipts
  • Bottom Line – you can only spend what Congress gave you!
  • The federal Gov’t does not beg for money!
fundraising25
Fundraising
  • FRG (government) can accept certain things:
    • Volunteer services under 10 U.S.C. § 1588.
    • Gifts, with proper approval and statutory authority.
  • Money – usually not. Even if yes, must deposit in the U.S. Treasury.
unofficial frg
Unofficial FRG
  • Technically not an FRG.
  • Is considered a private organization or “NFE.”
  • Consists of . . . anybody.
  • Privately funded – no government funds.
  • Gets no official support or endorsement.
unofficial frgs
Unofficial FRGs
  • Unofficial FRGs incorrectly perceive themselves as an official arm of the WIARNG.
  • Unofficial FRGs request official support from the WIARNG:
    • Equipment
    • Personnel
    • Facilities
    • Official endorsement and support
    • Special access to WING members
fundraising in a personal capacity
Fundraising in a Personal Capacity
  • A DoD employee may engage in fundraising in a personal capacity.
  • Prohibitions-the employee cannot:
    • Personally solicit funds or other support from subordinates,
    • Personally solicit funds or other support from DoD contractors, OR
    • Use (or permit the use of) his or her government title or position or authority to further the fundraising effort (but using or allowing others to use your military rank and branch of service is permissible).

5 CFR 2635.808(c)

summary
Summary
  • FRG may consist of 2 groups:

- Official FRG

- Unofficial FRG

  • Rules for two groups are vastly different.
  • Need to remain mindful about what group is doing what when.
    • Official FRG can’t fundraise or supplement government funds.
    • Unofficial FRG can do what it wants but official support is limited.