scouts-l Mail Archive for November of 1999: Re: Who "owns" a Troop?
Bruce E. Cobern (bec@PIPELINE.COM
Tue Nov 02 1999 - 21:41:38 CST
> From: Scouts-L Youth Group List [mailto:Scouts-L@listserv.tcu.edu]On
> Behalf Of PGerlach@AOL.COM
> Sent: Tuesday, November 02, 1999 8:13 PM
Thanks for your reply.
> From "The Chartered Organization Representative" (c.1976, p.1995, #33118),
> page 3: (caps are theirs)
> "THE UNITS BELONG TO YOUR ORGANIZATION
> Your organization has the Scouting program on charter from the Boy
> of America, but the Scouting units and their leaders belong to the
> tion and are part of it's "family". It is most important that this
> relationship be
> understood. The local council exists only to support your
> and to
> help it be successful."
> From page 12:
> "PACKS, TROOPS, TEAMS, AND POSTS ARE OWNED, OPERATED, AND
> ADMINISTERED BY...
> Community-based organizations whose objectives, mission, and
> are compatible with those of the BSA".
> There is similar language in "Troop Committee Guidebook" & several recent
> editions of "The Scoutmaster's Handbook". It seems fairly clear that the
> unit is an arm of the CO, and has no separate legal identity. The BSA
> charter does not provide an organization a BSA unit to sponsor, but
> the right
> to use the PROGRAM developed by BSA with a unit the CO provides. I would
> think it follows logically that, as the unit is part of the CO, any
> assets of
> the unit are, ipso facto, the assets of the CO. At least that's how I read
> it. I may be wrong - I have been before (but don't tell my kids I admitted
That's not necessarily a faulty interpretation, except that, as Ted Burton
says, what IS under state law may or may not agree with what the BSA wants to
exist. The text in the handbooks most likely are not controlling. I would be
curious to see what the charter agreement itself says, since the R&R
concerning dissolution seem to say something other than the assets belong to
PS: I won't tell your kids.
Bruce E. Cobern