P a ge 23 t opside V olume 114 , I s s u e 2
Legal Determinations , Continued
2 ) Auxiliary participation in State boating classes : Gentlemen ,
This is a quick note on the Legal Webinar last night .
On the first , and most important to us in D5N , concerns the question brought up by the DCO on PE where a state ' s course and materials , including final exam , was taught by Aux members in uniform and a fee collected . I submitted the question to National and Chief Counsel verbatim from DCO ' s e mail to the undersigned . Doug Cream , CC , answered indicating without much doubt that the practice described does not violate AUX regulations concerning public education provided the course is approved by NASBLA . His rationale was that AUX members teaching a state ' s boating safety course leading to qualification for a Boater ' s Education Card was within the mission of the Auxiliary , that is , safe boating . As you know , I had , and still have , reservations about the legitimacy of this practice , but the practice is widespread . The collection of fees is important as a method of raising funds for the flotilla .
I would caution that when the AUX is teaching a state course with state materials in uniform , that intent to teach be filed and it would be a good idea if the course was advertised by the AUX and run in a location chosen by the AUX . Then an administrative fee can be legitimately be charged . A course material fee cannot be charged nor a registration fee unless the course is part of an education program offered by a BOE . An administrative fee can be charged to cover expenses preparatory to the offering . Monies collected here can be placed in a flotilla ' s treasury to be used to advance the mission of the Auxiliary . Social activities are excluded . Reading between the lines suggest this broad interpretation will save an area for raising funds when flotillas must compete with private offerings of boating safety courses . [ I believe there exists a MOU between the states within the district and the USCG that should give cover to any public education endeavor . A copy should exist at Sector .]
Martin C . Mooney , Sr . DSO-LP 5NR
Discussion : While this decision addresses the question raised regarding teaching boating safety classes using only State provided materials , presenting these classes while in uniform and charging administrative fees , it is important to note that the District encourages the teaching of Auxiliary boating classes using Auxiliary prepared and provided materials . The Auxiliary receives a percentage of the cost of books and materials for Aux . provided courses , assisting all levels of the Auxiliary from National to the Flotilla . These classes and accompanying materials are NASBLA approved for the states incorporated in the D5NR and are in keeping with Auxiliary policies established for Public Education programs on boating safety . Auxiliarists who engage in teaching state boating classes as agents of the state must adhere to the letter of the law regarding published directives that are part of the state certification process . Failure to adhere with state directives places Auxiliary members in jeopardy to lose their state certification or to run afoul of state regulations .
3 ) Right to Membership :
Good morning All ,
The attached Memorandum filed yesterday in the Ninth Circuit affirms the District Court ' s grant of the Coast Guard ' s motion for summary judgment , dismissing the complaint and holding that the Auxiliary Manual granted the DIRAUX discretion to disenroll members for cause without conducting any particular investigation . The Court further held that Plaintiff-Appellant V _____ did not have a Constitutionally protected property interest in remaining an Auxiliarist .
The case stemmed from a disenrollment of Verbil following allegations of sexual harassment by an Auxiliarist . The facts of the case are set out in the District Court ' s Order granting summary judgment which is also attached . The appeal was pending for more than two years .
Thanks go to Joanna for sending it along . Thanks Joanna ! V / r Douglas S . Cream
Assistant National Commodore Chief Counsel U . S . Coast Guard Auxiliary