Receiving entailed property for your squadron?

Started by Holding Pattern, January 21, 2018, 02:28:28 PM

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Holding Pattern

I have individuals that want to donate a not insignificant amount of equipment. However, they want to be 100% certain that the equipment will be:

A)used by the squadron it is given to
B)NOT transferred to another squadron
C)If no longer deemed useful to the squadron, returned to the donating org.

They are not concerned about the items being recorded as "donations."

What is the way to accomplish this?

arajca

Contact your wing Director of Logistics to start. It sounds like they want to loan (or do a $0.00 cost lease) your unit the equipment. Great idea in principle, but will need legal consultation especially concerning adequate storage, damage coverage, and, depending on the type of equipment, liability.


etodd

Please keep us posted how it works out. I know other folks thinking of the same things. There should be a way to donate to a Squadron without worry of it being stolen away by Wing.
"Don't try to explain it, just bow your head
Breathe in, breathe out, move on ..."

OldGuy


NIN

Quote from: etodd on January 21, 2018, 04:32:07 PM
Please keep us posted how it works out. I know other folks thinking of the same things. There should be a way to donate to a Squadron without worry of it being stolen away by Wing.

For 30 years I've heard people repeat "Don't donate XXYY, because Wing will just come in and steal it."

I been to one World's Fair, a picnic and a rodeo, and I ain't never seen it. I've only ever heard the apocryphal "Wing will steal your property."

Can anybody point to a legitimate (as in "I was the unit commander when Wing came in and took our unit property..") situation where this has occurred? 

Apart from a unit being deactivated and all assets of that unit going "elsewhere" per the regulation (I mean, where else would it go, right?), or a circumstance where something that really can't be "owned" under the regulations by a unit such as a vehicle or an airplane was donated, I'd like someone to legitimately tell me when this has occurred.

Darin Ninness, Col, CAP
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The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

PHall

Speaking as a former Deputy Director of Logistics for California Wing, I've never seen Wing or Group swoop in and take away CAP property for no reason.

Example:
The Squadron in Palm Springs, California had a vehicle donated to the squadron.
One of the stipulations of the donation was that the vehicle had to stay at that unit.
Wing legal drew up a contract, everybody signed it and all was golden.

Best solution to the problem, get Wing Legal involved right from the start. They'll have to sign off on it anyway.

arajca

As a current WG/LG, I've only heard the stories told down through generations, nothing first hand. I've told units if they buy something with unit funds or get it donated, wing won't take it - unless the unit gets deactivated. (Did the same as WG/DC previously). I've had wing commanders back me up on this. Hence, talk to your wing LG.


OldGuy

Quote from: arajca on January 21, 2018, 05:59:58 PM
As a current WG/LG, I've only heard the stories told down through generations, nothing first hand. I've told units if they buy something with unit funds or get it donated, wing won't take it - unless the unit gets deactivated. (Did the same as WG/DC previously). I've had wing commanders back me up on this. Hence, talk to your wing LG.
Are the regs silent on this subject?

PHall

Quote from: Cicero on January 21, 2018, 07:58:13 PM
Quote from: arajca on January 21, 2018, 05:59:58 PM
As a current WG/LG, I've only heard the stories told down through generations, nothing first hand. I've told units if they buy something with unit funds or get it donated, wing won't take it - unless the unit gets deactivated. (Did the same as WG/DC previously). I've had wing commanders back me up on this. Hence, talk to your wing LG.
Are the regs silent on this subject?

You know, this is the SECOND time today you've asked this question.  Maybe a bit of Regs research on your part?

OldGuy

Quote from: PHall on January 21, 2018, 08:01:46 PM
Quote from: Cicero on January 21, 2018, 07:58:13 PM
Quote from: arajca on January 21, 2018, 05:59:58 PM
As a current WG/LG, I've only heard the stories told down through generations, nothing first hand. I've told units if they buy something with unit funds or get it donated, wing won't take it - unless the unit gets deactivated. (Did the same as WG/DC previously). I've had wing commanders back me up on this. Hence, talk to your wing LG.
Are the regs silent on this subject?

You know, this is the SECOND time today you've asked this question.  Maybe a bit of Regs research on your part?
Indeed it is. Since people with knowledge have weighed in, asking them for guidance seemed reasonable. Your thoughtful and respectful contributions are always a joy - thank you!

PHall

Quote from: Cicero on January 21, 2018, 08:07:45 PM
Quote from: PHall on January 21, 2018, 08:01:46 PM
Quote from: Cicero on January 21, 2018, 07:58:13 PM
Quote from: arajca on January 21, 2018, 05:59:58 PM
As a current WG/LG, I've only heard the stories told down through generations, nothing first hand. I've told units if they buy something with unit funds or get it donated, wing won't take it - unless the unit gets deactivated. (Did the same as WG/DC previously). I've had wing commanders back me up on this. Hence, talk to your wing LG.
Are the regs silent on this subject?

You know, this is the SECOND time today you've asked this question.  Maybe a bit of Regs research on your part?
Indeed it is. Since people with knowledge have weighed in, asking them for guidance seemed reasonable. Your thoughtful and respectful contributions are always a joy - thank you!

Go take a look at CAPR 173-4. (Lead the horse to water..... ::) )

Mitchell 1969

Generally, a donation with stipulations as to who, what, where, when, and how, with right to demand recall,  is not really a donation, is it? More like a loan. It should be documented as such.


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Bernard J. Wilson, Major, CAP

Mitchell 1969; Earhart 1971; Eaker 1973. Cadet Flying Encampment, License, 1970. IACE New Zealand 1971; IACE Korea 1973.

CAP has been bery, bery good to me.

NIN

Quote from: Mitchell 1969 on January 22, 2018, 07:12:53 AM
Generally, a donation with stipulations as to who, what, where, when, and how, with right to demand recall,  is not really a donation, is it? More like a loan. It should be documented as such.

In non-profit development-speak, thats a "restricted donation."

There are some pretty specific rules that get followed for that sort of thing.
Darin Ninness, Col, CAP
I have no responsibilities whatsoever
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

Johnny Yuma

Quote from: NIN on January 21, 2018, 05:35:47 PM
Quote from: etodd on January 21, 2018, 04:32:07 PM
Please keep us posted how it works out. I know other folks thinking of the same things. There should be a way to donate to a Squadron without worry of it being stolen away by Wing.

For 30 years I've heard people repeat "Don't donate XXYY, because Wing will just come in and steal it."

I been to one World's Fair, a picnic and a rodeo, and I ain't never seen it. I've only ever heard the apocryphal "Wing will steal your property."

Can anybody point to a legitimate (as in "I was the unit commander when Wing came in and took our unit property..") situation where this has occurred? 

Apart from a unit being deactivated and all assets of that unit going "elsewhere" per the regulation (I mean, where else would it go, right?), or a circumstance where something that really can't be "owned" under the regulations by a unit such as a vehicle or an airplane was donated, I'd like someone to legitimately tell me when this has occurred.

Yes.

Unit lost a cargo trailer that was donated to the unit.
"And Saint Attila raised the Holy Hand Grenade up on high saying, "Oh Lord, Bless us this Holy Hand Grenade, and with it smash our enemies to tiny bits. And the Lord did grin, and the people did feast upon the lambs, and stoats, and orangutans, and breakfast cereals, and lima bean-"

" Skip a bit, brother."

"And then the Lord spake, saying: "First, shalt thou take out the holy pin. Then shalt thou count to three. No more, no less. "Three" shall be the number of the counting, and the number of the counting shall be three. "Four" shalt thou not count, and neither count thou two, execpting that thou then goest on to three. Five is RIGHT OUT. Once the number three, being the third number be reached, then lobbest thou thy Holy Hand Grenade to-wards thy foe, who, being naughty in my sight, shall snuffit. Amen."

Armaments Chapter One, verses nine through twenty-seven:

NIN

Quote from: Johnny Yuma on February 06, 2018, 01:59:46 AM
Yes.

Unit lost a cargo trailer that was donated to the unit.

Finally! Hallelujah!  8)

So the unit had a cargo trailer donated directly to the unit (for ES, I'm guessing?) and wing came in and said 'Yeah, no, we want this..'?

Darin Ninness, Col, CAP
I have no responsibilities whatsoever
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

CS

It really rather simple, any donation can't be restricted as it is a donation to the Corporation.  Units do not own anything, including their bank account.  That being said, National, Regions and Wings are not in the habit of taking items away from units, unless that are not being used or the unit is deactivated.  We can't accept loans and mark it CAP.