scouts-l Mail Archive for November of 1999: Re: Who "owns" a Troop?
Ted Burton (scouter@CONSULTBURTON.COM
Tue Nov 02 1999 - 23:01:06 CST
At 18:48 -0500 on 11/2/99, MAJ spake about Re: Who "owns" a Troop?
and we may thank him for getting out some actual writings.
As you read what the Major said, you will observe that it addresses
what should happen if a troop withers and dies on the vine, and there
is no troop. I would suggest that this material does not purport to
announce what state law would do respecting the ownership of funds
and chattels for a going organization that wishes to change its
sponsorship. There are a few interesting phrases in it, though, which
shed some light.
A second aspect of the matter not addressed is what happens when
those involved with Scouting deviate from a stated policy (assuming
we find one). Does the policy override the law respecting the effect
of dealings among men? I think not. The state Legislature outranks
the Scout Council. I think what one gets is property ownership a la
state law, and a set of Scouting rules that may or may not have been
broken. Their being broken may entitle someone to go to Court to
change things, but until the Judge orders change, the ownership of
things will rest where the law puts it.
>Hi Dave and Bruce!
>This is from my old Paraprofessional Manual (Southeast Region, BSA)
>and in the discussion on "Financing Scouting" in Section nine,
>there's a photocopied excerpt from the BSA's Rules and Regulations.
>Here it is in it's entirety:
>"Guidance for the disposition
Disposition and ownership are not the same thing.
>of chartered units funds and property (equipment such as tentage,
>cook kits, stoves, and any other material used in the performance of
>Scouting by the chartered unit) is provided from the
>Boy Scouts of America's Rules and Regulations, Article XI, Section
>1. When implementing this policy, you should also consult the Rules
>and Regulations of your local Council for more specific instruction;
>or consult the Scout Executive as the Executive Agent for all
>property bearing the BSA logo, indicia, and/or clearly used in the
>performance of Scouting by the chartered organization (candle
>holders, derby tracks, flags and flag stands, etc.).
>Clause 2, Disposition of Funds Upon Termination of Local Council or Unit.
Disposition upon termination does not mean ownership during existence.
>(b) Unit Obligations. In the event of a dissolution of a unit or
>the revocation or lapse of its charter, the unit committee
Not the charter organization, but the Unit Committee.
>shall apply unit funds and property to the payment of unit
>obligations and shall turn over
>the surplus, if any, to the local Council, if there be one, or if
>there be no local Council, shall dispose of the same in accordance
>with the direction of the Executive Board. In the case of an
>institutional unit, any funds or equipment which may have been
>secured as property of the unit
Turn over the surplus to the Council, not to the Charter
organization. Also note the reference to the "property of the unit."
>shall be held in trust by the institution or the chartered local
>Council, as may be agreed upon, pending its reorganization or the
>development of other plans, with the approval of the local Council,
>for the use of such funds and property in connection with a program
>for character development, citizenship training, mental and physical
>fitness for the youth of that institution or, by the agreement of
>those involved, shall be used elsewhere for the promotion of the
>program of the Boy Scouts of America."
What I get from this is, that if a unit has property, it can own it.
If the unit vanishes, then the Committee shall settle up its debts,
and turn over tangibles to the Council; but if there is an
institutional charter partner, it may take custody of the property as
trustee for Scouting, pursuant to discussions among the charter
organization and the professionals of the Council.
None of that material has anything to do with who will show on the
certificate of title to a motor vehicle while the unit is alive and
well. Further, it does not change the law respecting associations and
the legal abilities of associations.
The language of the material quoted by the Black Eagle is not unlike
the language we see in trusts and other documents speaking to the
uncertain future, as a provision for the disposition of assets if we
someday run out of heirs, or something similar has occurs to
frustrate the customary use and benefit of assets. In many wills I
have seen, it is the Article respecting final or end disposition.
Such language of course does not change the ownership of property
while the testator is alive.
Asst Scoutmaster, District Committee, District Commissioner,
Lewis-Clark Trail District, Inland Northwest Council 611, & 'a good
ol' Fox too'; Es Kaielgu Lodge 311, Tseminicum Chapter, Vigil,
mailto:firstname.lastname@example.org ; and Macintosh fan. Take a look at