What manual covers member's rights regarding non-renewal of membership

[West MI-CAP-Ret]

As I labor through the Senior Rating for Personal, I can't find the manual that answers the following question:


   True or False. Since nonrenewal is not a termination action for which a right of appeal exists under the Con-stitution and Bylaws of the Civil Air Patrol, the unit commander is not required to notify the member concerned regarding the reasons for non-renewal.

I don't believe the answer to this question is found in CAPR 39-2.  Any other suggestions?

Thank you for your assistance.

[West MI-CAP-Ret]

The system didn't copy the entire body of question.  Here is the following question I can't find the answer to:

True or False. Since non-renewal is not a termination action for which a right of appeal exists under the Constitution and Bylaws of the Civil Air Patrol, the unit commander is not required to notify the member concerned regarding the reasons for non-renewal.

[Private Investigator]

46. False. A letter stating reasons for nonrenewal will be personally delivered by the unit commander or his official
representative or will be forwarded by certified mail. The member concerned will be given 30 days from the date of the
postmark on the letter of notification in which to respond in writing to the approving authority.

[JeffDG]

46. False. A letter stating reasons for nonrenewal will be personally delivered by the unit commander or his official
representative or will be forwarded by certified mail. The member concerned will be given 30 days from the date of the
postmark on the letter of notification in which to respond in writing to the approving authority.

You have a cite for that?

[Eclipse]

OK, what, exactly, is "non renewal"?

Is that a thing now?

My understanding was that we either terminate a member or we don't, we don't (officially) just let their membership lapse and then not allow them to renew.

Edit: I don't see that term used in either 39-2 or 35-3, and "nonrenewed" is only mentioned in passing once in 39-2.

[a2capt]

The non-renewal in this context is when they're not allowed to renew by approval of at least their region.  No renewal option is given.

[JeffDG]

OK, what, exactly, is "non renewal"?

Is that a thing now?

My understanding was that we either terminate a member or we don't, we don't (officially) just let their membership lapse and then not allow them to renew.

Yeah, I would see a "non-renewal" option as an end-run around the due process afforded to members who are 2b'd

[Eclipse]

The non-renewal in this context is when they're not allowed to renew by approval of at least their region.  No renewal option is given.

But again, how does that happen, process-wise.

I'm trucking along as a member, no official disciplinary actions or other issues, and then my renewal check is returned with no
explanation? 

How would Region or Wing even be involved unless there was an open investigation?

[a2capt]

That would be the result of an investigation, your check wouldn't get returned. You would not be offered the opportunity to send the check. The option to renew would not be visible on eServices.

The investigation result would need to pursued the region commander to approve the "non-renewal" flag to to tripped.

Bam. Your next scheduled renewal period has just been tripped. You got a notice, and had 30 days to rebut. It would be no surprise to you.

Thats of course, if the system is used properly. Otherwise that MARP meeting may be a slam dunk in your favor, presuming you're not just fed up with the whole thing.

[MIKE]

I thought non-renewal for cause was removed from the bag of tricks a few updates ago?

[Eclipse]

I thought non-renewal for cause was removed from the bag of tricks a few updates ago?

Ditto.

[a2capt]

..and seemed to come back via some scuttlebutt, however, none the less- the previously denied renewal may still want to be questioned should that individual wish to re-join.

[Eclipse]

Non-renewal of membership was removed from the constitution in Oct 2012.

2008

"SECTION 5
TERMINATION AND NONRENEWAL OF MEMBERSHIP

5.1 Membership in Civil Air Patrol is a privilege, not a right. Membership is conditioned on adherence
to Civil Air Patrol rules and regulations.

5.2 Membership in Civil Air Patrol may be terminated at any time for cause or may be non-renewed at
the end of a membership year. Procedures for such actions including review and appeals, if any, shall be
as set forth in the regulations and shall be consistent with provisions of Article XVI of the Constitution. "

2012

"SECTION 5
TERMINATION OF MEMBERSHIP

5.1 Membership in Civil Air Patrol is a privilege, not a right. Membership is conditioned on adherence
to Civil Air Patrol rules and regulations.

5.2 Membership in Civil Air Patrol may be terminated at any time for cause. Procedures for such
actions including review and appeals, if any, shall be as set forth in the regulations and shall be consistent
with provisions of Article XVI of the Constitution."

[JeffDG]

..and seemed to come back via some scuttlebutt, however, none the less- the previously denied renewal may still want to be questioned should that individual wish to re-join.

So, it's basically a back-door 2b without the right to appeal to the MARP

[FW]

Non renewal of membership (the old CAPF 2d) was done away with in 2001.  It is the reason why NHQ established the national patron squadron; to allow all those who were "non renewed" to become members again. 

Recently, the volunteer leadership wanted the BoG to revisit the non renewal option.  I don't think it went anywhere. 

IMHO, I wouldn't allow a commander to "non renew" a member for any reason.  We have a very good membership adverse action program in place.  It should be used.

[JeffDG]

IMHO, I wouldn't allow a commander to "non renew" a member for any reason.  We have a very good membership adverse action program in place.  It should be used.

If there's cause to punt a member, then, with due respect to the immediate past national commander, "man up" and fill out a 2b, with all the attendant due-process rights that it triggers.

[dwb]

Sounds like the Personnel rating questions are older than the removal of the non-renewal option.

You can pass feedback like this up the chain of command. A memo noting all of the outdated things to your unit commander, who would pass it up until it makes its way to NHQ/DP.

Will they fix it in a reasonable timeframe? Only one way to find out.

[SARDOC]

OK, what, exactly, is "non renewal"?

Is that a thing now?

My understanding was that we either terminate a member or we don't, we don't (officially) just let their membership lapse and then not allow them to renew.

Edit: I don't see that term used in either 39-2 or 35-3, and "nonrenewed" is only mentioned in passing once in 39-2.

It's a thing...just very obscure and not often utilized.  Keeping in mind that membership is a privilege and not a right.

In those cases where National Headquarters accepts a late membership renewal,
which is not acceptable to the member's unit or intermediate headquarters, the unit concerned will notify National Headquarters and the membership will be declared null and void and membership dues refunded.

[SARDOC]

Disregard^^^^  that applies to late renewals.

[lordmonar]

I thought non-renewal for cause was removed from the bag of tricks a few updates ago?

Ditto.

So you would think....but I know for a fact that people can still be "flagged" at national.   But as the OP is finding out, there is no process, and seeming no appeal.

I would thing a general IG complaint to the right level should fix this issue.   To the OP.....file an IG complaint with the National IG.