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Memorandum of Understanding

Memorandum of Understanding. Col Rafael A Robles, CAP General Counsel. Direct Learning Objectives. What should you take home from this topic? You should be able to: Ascertain when an MOU is appropriate/necessary Understand what alternatives are available to obtain mission authorization

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Memorandum of Understanding

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  1. Memorandum of Understanding Col Rafael A Robles, CAP General Counsel

  2. Direct Learning Objectives • What should you take home from this topic? • You should be able to: • Ascertain when an MOU is appropriate/necessary • Understand what alternatives are available to obtain mission authorization • Know what works to expedite MOU processing

  3. What is an MOU? • Memorandum of Understanding. • “An MOU is a written agreement that establishes the basis for mutual cooperation and coordination between CAP and supported organizations and agencies.. .” (CAPR 60-3, Policy Letter – MOU’s, Section B1(6).) • Ideally, an MOU is not a "contract". That is, it creates no enforceable rights until it is invoked, such as through a request for a mission by a state agency coupled with CAP's acceptance of the mission by a wing commander or his/her representative. (Draft CAPR 111-2.)

  4. Why MOUs? • Marketing • Missions • Grants & Allocations • Liability Protection • Air Force assigned mission (AFAM) status • Managing and Administering Operations • Facilitating the conduct of recurring missions for other organizations

  5. What’s Changed? • Loss of MOU-created AFAM status • Especially re state missions (now corporate) • Federal MOUs • Limited (criteria unclear) • Strong favoring of Requests for Assistance (RFAs)

  6. Appropriate or Necessary • Appropriate • “A[n] MOU is appropriate when an organization or agency has a recurring need for CAP services and support.” (CAPR 60-3, Policy Letter – MOU’s, Section B2a. (1)) • “Recurring need?” Parties anticipate 12 or more missions/year. (Pending draft CAPR 111-2.)

  7. Appropriate or Necessary Necessary “Every CAP wing is required to maintain a current MOU with the state in which it operates. . . . Wings that do not have a current MOU with the state must submit a statement of reasons. . . .” (CAPR 60-3, Policy Letter – MOU’s, Section B2c.)

  8. Alternatives • The sheriff wants us to fly a mission for him/her. We have no MOU with the county. Can we fly the mission? • Maybe, there may be some alternatives. He/She may: • Be able to get an AFAM through Air Force Rescue Coordination Center (AFRCC) or Air Force National Security Emergency Preparedness (AFNSEP.) • Contact CAP’s National Operation Center for assistance in getting an AFAM or a corporate mission assignment. • Work with his/her attorney (county counsel?) in making a formal • Request for Assistance (RFA) of USAF or another federal agency • Have other options – any thoughts?

  9. Expediting MOUs • How expeditious is MOU handling? • Old: One or two months was fast • New: Two weeks is a reasonable

  10. Expediting MOUs • How do I ensure expeditious handling? • Use the form and be thorough in your review and employment of it • Send it electronically to gc@capnhq.gov

  11. Expediting MOUs • Are there some “items of special interest?” • AF requested language • The subject MOU is between CAP Corporation and [State Agency] and is not an agreement with CAP as the Air Force Auxiliary. • The United States Air Force has priority in the use of CAP equipment bought with appropriated funds. The priority for utilizing CAP resources is: (1) USAF; (2) Other DoD departments and agencies; (3) other Federal departments and agencies; (4) State agencies and (5) Local agencies. • CAP volunteers flying missions under this MOU are not eligible for FTCA or FECA benefits. • No Air Force Assigned Missions (AFAM) will be assigned pursuant to this MOU. • Missions flown and funded under this MOU are not eligible for payment or reimbursement from the federal government.

  12. Expediting MOUs • Are there some “items of special interest?” • Protections of CAP & members • Tort immunity • Indemnity • -Who should indemnify whom? • Workers Compensation • Protection of member • Protection of CAP & state

  13. Future Developments • CAPR 111-2, Memoranda of Understanding • Definition of terms • Role of command in initiating MOUs • Distinguishing between operational and non-operational MOUs • Distinguishing between “recommended” and compulsory provisions of the regulation • Specify required content • Specify procedure • No MOUs?

  14. Summary • MOU is appropriate where repeated missions are expected (12+ /year.) • MOU is necessary with state – regulatory requirement • MOU Alternatives • AFRCC, AFNSEP, & NOC • Request for Assistance • Expediting MOU’s • Use the form • Be thorough in your review • Transmit it electronically

  15. Memorandum of Understandings QUESTIONS?

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