National Law
Committee

Commander's Legal Checklist

Squadron commanders have the power and the responsibility to act on behalf of their group. As the commander, you will see any number of documents and situations that may or may not have legal implications. In today's society pretty much everything does. This doesn't mean sticking your squadron's head in the sand. It just means that you, with the help of your squadron or district law officer need to be aware of what these implications are.

Some are obvious; others are not. If it requires a signature on behalf of the squadron (other than routine correspondence), then it clearly needs legal review. This means not only the commander, but also anyone acting on behalf of the squadron. Frequently the monthly meeting planner or the chair of boating activities makes restaurant or marina reservations.

If a financial commitment is required, even with bridge approval, a lawyer should be in on the decision. Lawyers are trained to look at transactions from all sides and assess the value of the transaction for the squadron. There's nothing inherently adversarial about having your law officer offer his/her opinion. The other side of a deal, particularly if they supply the contract, has had its lawyers assess the plan. It's only smart to be equally armed.

Many squadrons have lawyers that are members. If not, one may be found in an adjoining squadron. There is also help available from the district law officer.

Situations that involve relationships with other groups would need legal review. These could be private industry or governmental agencies. The National Law Officer should also clear any use of USPS copyrighted logos.

Contact your squadron or district law officer for advice or input if/when:

• Any contract is entered into
  • hotel
  • restaurant
  • marina
• Any transaction for property, real or personal, is contemplated
  • whether for money or by donation
  • land purchase or sale
  • lease
  • rental
  • option
• Communication is received from any governmental official or agency
• Coast Guard
• U.S. Army Corps of Engineers
• EPA
• State natural resource agencies
• State or local law enforcement agencies
• State or local water quality management agencies
• EEOC or its state equivalent
• Anytime the use of alcohol is considered
• Changes in legal status such as incorporation are considered
• Name change is considered
• When fundraising activities are planned
  • sales
  • solicitations
  • gambling/raffle
• Anytime grants are sought
• Any report of injury or damage
  • at squadron functions
  • to members or their property
  • by members or their property
  • to non-members or their property
  • by non-members or their property
  • by squadron property
  • to squadron property
• Any communications or documents from an attorney
• Any time a gift is received or offered - refer to National Law Officer
  • land
  • personal property(boats, appliances, furniture, etc.)
  • cash
  • securities
• Any time a claim is made against the squadron
  • For damage
  • For inappropriate activity
• When relationships are considered/consummated with businesses
  • marinas
  • boat dealership
  • manufacturers
  • marine suppliers
• When insurance is purchased
  • property
  • liability
  • special event coverage
• When approached for organizational support or endorsement
  • by citizen groups
  • by businesses
  • by special interest groups
  • by lobbyists
• When a cooperative effort with another group/agency is contemplated
• When the use of USPS copyrighted symbols (ensign, logo, etc.) is considered being used in conjunction with co-sponsored events
• Anytime a planned activity goes so wrong that resources (squadron, member or non-member) are lost or expended beyond what was expected.

This list is not all-inclusive. There will be situations that may arise, not mentioned, that should require legal counsel. Don't be shy about asking your law officer for advice. Lawyers don't exist to prevent you from taking action. They're there let you know what the potential legal consequences of your action could be. It's better to into a situation informed as to the potential problems than to blindly go forward. It's always easier to do damage control, if necessary, on the front end.